DIGESTS FOR ADMINISTRATIVE LAW UA&P LAW 2018

Review Center Association of the Philippines v. Ermita

GR No. 180046, 2 April 2009

LEGAL DOCTRINE:

 Administrative agencies exercise their quasi-legislative or rule-making power through the

promulgation of rules and regulations

FACTS:

 On June 2006, the Professional Regulatory Commission conducted the Nursing Board Examinations
nationwide. In June 2006, licensure applicants wrote the PRC to report that handwritten copies of the
licensure examinations were circulated during the examination period among the examinees reviewing
at the RA Gapuz Review Center and Inress Review Center.
 The PRC later admitted the leakage and traced it to two Board of Nursing members. Thereafter, PRC
released the results of the Nursing Board Examinations. On 18 August 2006, the CA restrained the PRC
from proceeding with the oath-taking of the successful examinees.
 Consequently, Pres. Arroyo replaced all the members of the PRC’s Board of Nursing. Pres. Arroyo also
ordered the examinees to retake the Nursing Board Examinations.
 On 8 September 2006, Pres. Arroyo issued E0 566 which authorized the CHED to supervise the
establishment and operation of all review centers and similar entities in the Philippines. Thereafter, CHED
issued Memorandum Order No. 49, series of 2006 (IRR of E0 566)
 On 24 November 2006, petitioner Review Center Association of the Philippines (RCAP), asked CHED to
“amend, if not withdraw” the IRR arguing, that giving permits to operate a review center to Higher
Education Institutions (HEIs) or consortia of HEIs and professional organizations will effectively abolish
independent review centers.
 In view of petitioner’s continuing request to suspend and re-evaluate the IRR, petitioner and CHED had
a dialogue, agreeing among others, the lowering of the registration fee from P400,00 to P20,000 and the
requirement for reviewers to have 5 years of teaching experience instead of 5 years administrative
experience. Petitioner likewise requested for a categorical answer to their request for the suspension of
the IRR, which CHED did not reply to the letter.
 CHED approved the Revised IRR (RIRR), thereafter, petitioner filed before the CHED a petition to
clarify/amend the RIRR, praying that independent review centers be excluded from the coverage of the
CHED. CHED wrote to petitioner regarding its petition, to which it replied, that to exclude independent
review centers from the coverage of CHED will clearly contradict the intention of E0 566, directing the
CHED to regulate the establishment and operation of review centers and similar entities in the entire
country.
 Hence, petitioner filed a petition for prohibition and mandamus before the SC praying for the annulment
of the RIRR, the declaration of EO 566 as invalid and unconstitutional and the prohibition against CHED
from implementing the RIRR.

ISSUE:

1. Whether EO 566 is an unconstitutional exercise by the Executive of legislative power as it expands the
CHED’s jurisdiction. YES, EO 566 is unconstitutional.

2. Whether the RIRR is an invalid exercise of the Executive’s rule-making power. YES, the RIRR is an
invalid exercise of the Executive’s rule-making power.

RATIO

1. YES, EO 566 is unconstitutional

RJTS
DIGESTS FOR ADMINISTRATIVE LAW UA&P LAW 2018
 The scopes of EO 566 and the RIRR clearly expand the CHED’s coverage under RA 7722. The
CHED’s coverage under RA 7722 is limited to public and private institutions of higher education
and degree-granting programs in all public and private post-secondary educational institutions. EO
566 directed the CHED to formulate a framework for the regulation of review centers and similar
entities.

 A review center is not an institution of higher learning as contemplated by RA 7722. It does not offer
a degree-granting program that would put it under the jurisdiction of the CHED. A review course is
only intended to “refresh and enhance the knowledge or competencies and skills of reviewees.” A
reviewee is not even required to enroll in a review center or to take a review course prior to taking
an examination given by the PRC. Even if a reviewee enrolls in a review center, attendance in a
review course is not mandatory. The reviewee is not required to attend each review class. He is not
required to take or pass an examination, and neither is he given a grade. He is also not required to
submit any thesis or dissertation. Thus, programs given by review centers could not be considered
“programs x x x of higher learning” that would put them under the jurisdiction of the CHED.

2. YES, the RIRR is an invalid exercise of the Executive’s rule-making power.

 The OSG argues that President Arroyo was merely exercising her residual powers under Sec. 201of
the Administrative Code to ensure that the laws are faithfully executed.

 Section 20, Title I of Book III of EO 292 speaks of other powers vested in the President under the
law. The exercise of the President’s residual powers under this provision requires legislation, as the
provision clearly states that the exercise of the President’s other powers and functions has to be
“provided for under the law.”

 There is no law granting the President the power to amend the functions of the CHED. Furthermore,
the President may not amend RA 7722 through an Executive Order without a prior legislation
granting her such power. The President has no inherent or delegated legislative power to amend
the functions of the CHED under RA 7722. Legislative power is the authority to make laws and to
alter or repeal them, and this power is vested with the Congress under Article VI of the 1987
Constitution.

 Since EO 566 is an invalid exercise of legislative power, the RIRR is also an invalid exercise of the
CHED’s quasi- legislative power.

 Administrative agencies exercise their quasi-legislative or rule-making power through the

promulgation of rules and regulations. The CHED may only exercise its rule-making power within
the confines of its jurisdiction under RA 7722. The RIRR covers review centers and similar entities
which are neither institutions of higher education nor institutions offering degree-granting programs.

1
Section 20. Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers and functions
vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not
delegated by the President in accordance with law.
RJTS