Topic Actual Case or Controversy (Prematurity)

Case No. 21
Case Name PACU vs Secretary of Education
Ponente J Bengzon

RELEVANT FACTS

 Act No. 2706 approved in 1917 is entitled, "An Act making the inspection and recognition
of private schools and colleges obligatory for the Secretary of Public Instruction."

 For the past 37 years, the Department of Education has supervised and regulated all
private schools in this country under its provisions, apparently with the general
acquiescence of the general public and the parties concerned.

 The petitioning colleges and universities request that Act No. 2706 as amended by Act No.
3075 and Commonwealth Act No. 180 be declared unconstitutional on the following
grounds:
A. They deprive owners of schools and colleges as well as teachers and parents of liberty
and property without due process of law;
B. They deprive parents of their natural right and duty to rear their children for civic
efficiency; and
C. Their provisions conferring on the Secretary of Education unlimited power and
discretion to prescribe rules and standards constitute an unlawful delegation of
legislative power.

 The Government's legal representative contend that, (1) the matter constitutes no
justiciable controversy exhibiting unavoidable necessity of deciding the constitutional
questions; (2) petitioners are in estoppel to challenge the validity of the said acts; and (3)
the Acts are constitutionally valid.

ISSUE

WON Act No. 2706 be declared unconstitutional.

RATIO DECIDENDI

Issue Ratio
A. There is no JUSTICIABLE CONTROVERSY.—The petitioning
WON Act No. 2706 private schools are actually operating by virtue of permits issued
be declared to them by the Secretary of Education under Act No. 2706, who
unconstitutional. is not shown to have threatened to revoke their permits.

The previous permit system provided for by Commonwealth Act

No. 180 was instituted by the Government in the exercise of its
police power to correct a great evil, which consisted in that the
great majority of the private schools from primary grade to
university who are moneymaking devices for the profit of those
who organize and administer them.
 B. To confer, by statute, upon the Secretary of Education power
and discretion to prescribe rules fixing minimum standards of
adequate and efficient instruction to be observed by all private
schools and colleges, is not to unduly delegate legislative
powers. Petitioners failed to show how these standards have
injured any of them or interfered with their operation.

In order that a circular or memorandum issued by the

Department of Education may be constitutionally assailed the
circular or memorandum must be indicated, the wrong inflicted
or threatened must be alleged and proved, and the constitutional
point raised and argued specifically. Petitioners failed to indicate
which of such official documents was constitutionally
objectionable for being "capricious," or plain "nuisance".

C. The constitutionality of the one per cent levied on gross receipts

of all private schools for additional Government expenses in
connection with their supervision and regulation, which is
assessed in section 11A of Act No. 2706 as amended by
Republic Act No. 74—whether it be considered a fee or a tax—
involves investigation and examination of relevant data, which
should best be carried out in the courts of first instance.

RULING

For all the foregoing considerations, reserving to the petitioners the right to institute in the
proper court, and at the proper time, such actions as may call for decision of the issues herein
presented by them; this petition for prohibition will be denied.

NO SEPARATE OPINION