MANILA, Philippines – Review centers nationwide have asked the Supreme Court to declare as unconstitutional an executive order empowering the Commission on Higher Education (CHED) to regulate their operation.
The Quezon City-based Review Centers Association of the Philippines (RCAP) headed by Jose Antonio Fodulig questioned the validity of Executive Order 566, dated Sept. 8, 2007, and the revised implementing rules and regulations issued by the CHED to govern the establishment and operation of review centers.
Named respondents were CHED Chairman Romulo Neri and Executive Secretary Eduardo Ermita.
EO 566 was issued three months after the leakage that marred the nursing board examinations in June last year.
EO 566 has set guidelines to take effect in May this year to compel independent review centers to tie up with accredited schools or face closure.
In their petition through lawyer Jose Ventura Aspiras, the RCAP said Republic Act 7722 limits CHED’s coverage to public and private institutions of higher learning, as well as degree granting programs in post-secondary and educational institutions.
“Review centers are not institutions of higher education. Neither are they degree-granting programs in post-secondary educational institutions,” read the petition.
“Malacañang cannot command the CHED to govern review centers by mere executive order. The power belongs to Congress.”
The RCAP said by authorizing the CHED to formulate rules to govern review centers, EO 566 has “practically created a roving commission” prone to overstep the bounds of its authority.
“EO 566 has given CHED the power to make the law, as it leaves to its discretion how review centers should be regulated,” read the petition.
EO 566 will “illegally shut down” review centers catering to marine and deck officers, engineers, teachers and other professionals seeking to take and pass civil service examination, RCAP officials said. — Perseus Echeminada