CASE NUMBER 11

PACU VS. DEPARTMENT OF EDUCATION

G.R. No. L-5279, OCTOBER 31, 1955
BENGZON, J.:

FACTS:
The petitioner, Philippine Association of Colleges and
Universities (PACU) questioned the constitutionality of Act
No. 2706 as amended by Act No. 3075, and Commonwealth Act 180.
Act No. 2706 provides that before a private school may be
opened to the public, it must first obtain a permit from the
Secretary of Education, which they aver restrains the right of
a citizen to own and operate a school.
Said Act also confers on the Sec. of Education the duty
to maintain a general standard of efficiency in all private
schools xxx. Philippine Association of Colleges and
Universities contends this confers unlimited power
constituting unlawful delegation of legislative power. On the
other hand, RA 139 confers upon the Board of Textbooks power
to review all textbooks to be used in private schools and
prohibit the use of those deemed, in sum, unsuitable.
Philippine Association of Colleges and Universities avers this
is censorship in “its baldest form”.

ISSUE:
Whether or not PACU validly assail the constitutionality
of the statutes?

RULING/HELD:
No. The action is premature. There is no justiciable
controversy as petitioners have suffered no wrong and
therefore no actual and positive relief may be had in striking
down the assailed statutes. Petitioner private schools are
operating under the permits issued to them pursuant to the
assailed Act, and there is no threat, as they do not assert,
that the Sec. of Education will revoke their permits. Mere
apprehension that the Secretary might, under the law, withdraw
the permit does not constitute a justiciable controversy.
Petitioners also do not show how the “general standard of
efficiency” set by the Secretary has injured any of them or
interfered with their operation. It has not been shown that
the Board of Textbooks has prohibited certain texts to which
petitioners are averse and are thereby in danger of losing
substantial privileges or rights.