PACU v Sec. of Education.

GR No. L-5279
10/31/1955
Justice Bengzon

Facts of the Case:

The Philippine Association of Colleges and Universities (PACU) petitioned that Act. No. 2706
(Act making the Inspection and Recognition of private schools and colleges obligatory for the
Sec. of Public Instruction) as amended by Act. No. 3075 and Commonwealth Act. No. 180 to be
declared unconstitutional because:
1. the act deprives owners of schools, colleges, teachers and parents of liberty and property
without due process of Law
2. the act deprives parents of their natural rights and duty to rear their children for civic
efficiency
3. Its provisions conferred on the Secretary of Education unlimited power and discretion to
prescribe rules and standards constitute an unlawful delegation of legislative power.

The defendant submitted a memorandum contending that there is no justiciable controversy, the
petitioners are in estoppel to challenge validity of the act, and act is constitutionally valid.

Issue:

Whether or not Act No. 2706 as amended by Act no. 3075 and Commonwealth Act no. 180
maybe declared void and unconstitutional?

Held:

No.

Ratio:

When an issue of constitutionality is raised, this Court can exercise its power of judicial review
only if the following requisites are present:
(1)

The existence of an actual and appropriate case;

(2)

A personal and substantial interest of the party raising the constitutional question;

(3)

The exercise of judicial review is pleaded at the earliest opportunity; and

(4)

The constitutional question is the lis mota of the case.