Court allows MCC to operate

CEBU, Philippines - The court has issued an order stopping the Commission on Higher Education (CHED) from implementing its closure order against the Mandaue City College (MCC).

In a June 29 order, Presiding Judge Alexander S. Balut of RTC Branch 76 of Quezon City, stated that MCC, represented by Dr. Paulus Mariae Cañete, was able to present evidence that proved the necessity of issuing the injunctive writ.

The injunction would mean that education graduates of MCC will be able to take their licensure examination this September.

The evidence and arguments presented led the court to its findings that MCC has “clear and unmistakable right” being founded through a local legislation.

MCC is established through Mandaue City Ordinance No. 10-2005-324A that was enacted on Nov. 7, 2005.

“There has yet been no final judicial determination as to whether the issuance of said ordinance is illegal; the presumption of regularity applies,” the court order reads.

The order also states that there is a material and substantial invasion of MCC’s right and that there is an urgent and paramount necessity for the writ to prevent serious damage against the school considering that its future, together with that of its graduates, largely depends on it.

In December 2010, CHED issued a closure order against MCC saying the institution has no legal mandate to offer higher education and that it does not meet the CHED standards.

MCC is divided into two colleges separately run by different administrators - one by Cañete and the other, by Dr. Susana Cabahug.

Both MCCs were found to have not complied with CHED’s standards and were given the chance to meet all requirements.

However, only the college under Cabahug was allegedly able to comply.

MCC under Cañete defied CHED’s closure order as they believe that the institution is legitimate.

The school administrator filed a civil case seeking nullification of the closure order and also asked the court to issue a writ of preliminary injunction and temporary restraining order.

Last June 6, a temporary restraining order (TRO) preventing CHED from enforcing its closure order for 20 days was issued.

The MCC put up a P100,000 bond before the court to cover whatever damages that the respondent, CHED, may suffer in case final judgment does not favor the college. — THE FREEMAN