PSDA V. de Jesus

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PSDA V.

De Jesus

R.A no. 9155, otherwise known as the Governance of Basic Education Act 2001, became a
law on August 11, 2001. And DepED Secretary was the one mandated to promulgate the
IRR within 90 days after approval of the act.

On the said IRR issued by the DepEd secretary, the office of the schools district supervisor
has been retained under the law, but with the exclusion of their administrative supervision
over schools and learning centers within their respective districts.

Now, the Public Schools District Supervisors Association (PSDSA), a national organization,
filed the instant petition for prohibition and mandamus, alleging that the act of the DepED in
removing their administrative supervision over elementary and secondary schools was
against the letter and spirit of the subject law of R.A 9155.

Issues

Whether or not the DepED secretary erred in removing the administrative supervision of the
District Supervisor over the Elementary and Secondary School.

Held

No.

A plain reading on the R.A 9155 will show that the schools district supervisors have no
administrative supervision over the school heads, their responsibility is limited to those
enumerated in Section 7 of said law.

(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;

(2) Curricula supervision; and

(3) Performing such other functions as may be assigned by proper authorities.

It is a settled rule of statutory construction, expressio unius est exclusio , that the express
mention of one person, thing, act, or consequence excludes all others.

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