G.R. No. L-5279 October 31, 1955
PHILIPPINE ASSOCIATION OF COLLEGES AND UNIVERSITIES, ETC
vs.SECRETARY OF EDUCATION and the BOARD OF TEXTBOOKS,
Manuel C. Briones, Vicente G. Sinco, Manuel V. Gallego and Enrique M. Fernando for petitioner.Office of the Solicitor General Pompeyo Diaz and Assistant Solicitor General Francisco Carreon for respondents.
FACTS:The Philippine Association of Colleges and Universities made a petition that Acts No.2706 othe
rwise known as the “Act making the Inspection and Recognition of private schoolsand colleges obligatory for the Secretary of Public Instruction” and was amended by Act No.
3075 and Commonwealth Act No. 180 be declared unconstitutional on the grounds that 1) theact deprives the owner of the school and colleges as well as teachers and parents of liberty andproperty without due process of Law; 2) it will also deprive the parents of their Natural Rightsand duty to rear their children for civic efficiency and 3) its provisions conferred on theSecretary of Education unlimited powers and discretion to prescribe rules and standardsconstitute towards unlawful delegation of Legislative powers.Section 1 of Act No. 2706
“It shall be the duty of the Secretary
of Public Instruction to maintain a general standard of efficiency in all private schools and colleges of the Philippines so that the same shall furnishadequate instruction to the public, in accordance with the class and grade of instruction givenin them, and for this purpose said Secretary or his duly authorized representative shall haveauthority to advise, inspect, and regulate said schools and colleges in order to determine the
efficiency of instruction given in the same,”
The petitioner also complain that securing a permit to the Secretary of Education beforeopening a school is not originally included in the original Act 2706. And in support to the firstproposition of the petitioners they contended that the Constitution guaranteed the right of a