Documente Academic
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Documente Cultură
DANIEL ALFONSO
FACTS:
-Petitioners BME, the government agency which supervises and regulates the
countrys medical colleges, Sec. Quisimbing, chairman of the Department of
Education, Culture and Sports prayed for a writ of certiorari to nullify the order of
herein Respondent Judge Alfonso in Civil case No. 1385 restraining the enforcement
of Pet. Order of closure of Philippine Muslim-Christian College of Medicine
Foundation Inc(the college).
-The college was founded on 1981 for the purpose of producing physicians who will
emancipate Muslim citizens from age-old attitudes of health.
-However, because of the unstable peace and order situation in Mindanao, the
college was established in Antipolo, Rizal, given a temporary permit to operate
instead of the originally proposed location in Zamboanga City. Antipolo was adopted
as its permanent site and the name was changed to Rizal College of Medicine.
-In 1985, DECS & BME authorized the Commission on Medical Education to conduct
a study of all Medical Schools in the Philippines.
-The report showed that the college fell very much short of the minimum standards
set for medical schools. Further, the team of inspectors cited the ff. Grounds among
others:
(a)the College was not fulfilling its purpose due inappropriate location
(b)lack of university affiliation for balance humanistic and scientific education
(c)absence of philosophy based hospitals for students training
(d)more than 60% of the college faculty did not teach full time
-The school disputed these findings as biased and discriminatory and requested BME
nd
to send another team of doctors for re-evaluation. 2 team confirmed the previous
findings and recommended the phase-out of the school.
-There were third and fourth evaluations but the college failed both and was rendered
inadequate in all aspects.
-The DECS recommended the college for closure but somehow the college
succeeded to have the Board form yet another team of inspectors but although the
findings show that there were major efforts to improve the college, it is still rendered
inadequate and recommended for closure w/ provisions to disperse its students to
other medical schools.
-Mr. Victor Sumulong(chairman of BOT), upon learning the same proposed a gradual
phase-out so as not to dislocate the students and minimized financial losses
ALLOWED to operate until May 1989.
-The college appealed the decision to the OP, but the Executive Secretary found no
reason to disturb the contested decision AFFIRMED!
-The college filed civil case No. 1385 applying for a writ of preliminary injunction to
restrain its implementation APPROVED! (by Judge Alfonso holding that there were
no evidence supporting the findings in the June 18, 1988 report, and that contrary to
the findings, the laboratory and library areas were big enough and operations in the
base hospital was going smoothly.)
-Thus, the present petition.
ISSUE/HELD:
(1) WON Judge Alfonso acted with grave abuse of discretion in substituting his
judgment to for the members/evaluators.
YES! It is well-settled doctrine that courts of justice should not generally
interfere with purely administrative and discretionary functions; that courts have no