CEBU, Philippines - The court orders the Commission on Higher Education (CHED) not to implement its closure order against the Mandaue City College (MCC) run by Dr. Paulus Mariae Cañete.
The Quezon City Regional Trial Court Branch 76 issued a writ of preliminary injunction on July 19 after MCC filed an injunction bond of P100,000 on July 17.
The court finds that MCC “has a clear and unmistakable right, its existence having been founded on law.”
MCC was created through a Mandaue City ordinance that was enacted on Nov. 7, 2005.
The order states that since the issuance of the ordinance has not been declared illegal, the presumption of regularity in the creation of the college applies.
CHED issued a closure order against the MCC on Dec. 3, 2010 for its failure to comply with the directives of the commission in spite of sufficient notice given.
But MCC defied it and continues to operate.
Lawyer Lily Mildred Milla, CHED’s director for Local Universities and Colleges (LUC) earlier said that since Cañete’s school defied the closure order, the commission is bent on pursuing criminal and administrative cases against Cañete for illegally operating a school.
MCC filed a petition to nullify the closure order.
Last June 6, an order was issued restraining CHED for a period of 20 days from enforcing its closure order against the higher education programs of MCC.
Since 2009, CHED has been sending notices to both the MCC run by Cañete and the other MCC, which is run by Dr. Susana Cabahug, because of the failure of both schools to comply with the requirements set by the Commission.
According to Milla, CHED only recognizes the MCC run by Cabahug as it is the only school which complied with their requirements and was able to secure a permit to operate higher education programs.
On Cañete’s continued defiance of the closure order, Milla said their authority lies only on the operation of the higher education and the physical closure of the school is the responsibility of the PNP, the DILG and the local government unit.
Earlier, Cañete said they are not under the supervision of CHED but the Association of Local Colleges and Universities (ALCU).
But Milla explained that although ALCU is an organization and is an accrediting body of CHED, it could not give permit to operate higher education programs. — (FREEMAN)