Review Center v.

Ermita- 583 SCRA 42 [2009]

Main Point: The President has no inherent or delegated legislative power to amend the functions
of the CHED under RA 7722.
Facts: There was a report that handwritten copies of two sets of 2006 Nursing Board examination
were circulated during the examination period among examinees reviewing at the R.A. Gapuz
Review Center and Inress Review Center. PRC later admitted the leakage and traced it to two
Board of Nursing members. Exam results came out but Court of Appeals restrained the PRC from
proceeding with the oath-taking of the successful examinees. President GMA ordered for a re-
examination and issued EO 566 which authorized the CHED to supervise the establishment and
operation of all review centers and similar entities in the Philippines.

Issue: Whether EO 566 is an unconstitutional exercise by the Executive of legislative power as it

expands the CHED’s jurisdiction.

Ruling: Yes. It expands CHED’S jurisdiction, hence unconstitutional. The scopes of EO 566 and
the RIRR clearly expand the CHED’s coverage under RA 7722. The CHED’s coverage under RA
7722 is limited to public and private institutions of higher education and degree granting programs
in all public and private post-secondary educational institutions. EO 566 directed the CHED to
formulate a framework for the regulation of review centers and similar entities. The definition of
a review center under EO 566 shows that it refers to one which offers "a program or course of
study that is intended to refresh and enhance the knowledge or competencies and skills of
reviewees obtained in the formal school setting in preparation for the licensure examinations"
given by the PRC. It does not offer a degree-granting program that would put it under the
jurisdiction of the CHED. The President has no inherent or delegated legislative power to amend
the functions of the CHED under RA 7722.The line that delineates Legislative and Executive
power is not indistinct.