Case Digest

DECS vs. San Diego

G.R. No. 89572 December 21, 1989

Facts:
Respondent San Diego has flunked the NMAT (National
Medical Admission Test) three times. When he applied to take
again, petitioner rejected his application based on the “three-
flunk-rule”. He then filed a petition before the RTC on the
ground of due process and equal protection and challenging
the constitutionality of the order. The petition was granted by
the RTC therefore this petition.

Issue:
Whether or not the NMAT “three-flunk-rule” order is valid
and constitutional.

Ruling:
Yes. It is the right and responsibility of the State to insure that
the medical profession is not infiltrated by incompetents to
whom patients may unwarily entrust their lives and health.
The method employed by the challenged regulation is not
irrelevant to the purpose of the law nor is it arbitrary or
oppressive. The right to quality education is not absolute. The
Constitution provides that “ every citizen has the right to
choose a profession or course of study, subject to fair,
reasonable and equitable admission and academic
requirements”. It is not enough to simply invoke the right to
quality education as a guarantee of the Constitution but one
must show that he is entitled to it because of his preparation
and promise. Petition was granted and the RTC ruling was
reversed.