PASSCU v. Secretary of Education

PASSCU v. Secretary of Education

G.R. No. L-5279 October 31, 1955

Bengzon, J.

Facts:

                The petitioning colleges and universities request that Act No. 2706 as amended by Act No. 3075 and Commonwealth Act No. 180 be declared unconstitutional, because: 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 rights 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 submitted a mimeographed memorandum contending 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.

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.” Under its provisions, the Department of Education has, for the past 37 years, supervised and regulated all private schools in this country apparently without audible protest, nay, with the general acquiescence of the general public and the parties concerned.

Issue:

                whether the matter involves a justiciable controversy

Held:

                No. In this case, none of the petitioners has cause to present this issue, because all of them have permits to operate and are actually operating by virtue of their permits. And they do not assert that the respondent Secretary of Education has threatened to revoke their permits. They have suffered no wrong under the terms of law—and, naturally need no relief in the form they now seek to obtain.