PACU VS. SEC OF EDUCATION (G.R. No. L-5279 October 31, 1955)

Facts:Philippine Association of Colleges and Universities assailed the constitutionality of Act No. 2706, known as the Act making the Inspection and Recognition of private schools and colleges obligatory for the Secretary of Public Instruction.

As contended by PACU the Act is unconstitutional because of the following reasons: 1) The act deprives the owner of the school and colleges as well as teachers and parents of liberty and property without due process of law; 2) it will also deprive the parents of their natural rights and duty to rear their children for civic efficiency; and 3) its provisions conferred on the Secretary of Education unlimited powers and discretion to prescribe rules and standards constitute towards unlawful delegation of Legislative powers.

Additionally, the association contended that the Constitution guaranteed every citizen the right to own and operate a school and any law requiring previous governmental approval or permit before such person could exercise the said right.

On the contrary, the Department of Education maintained that 1) the matters does not contain justiciable controversy and thus does not need court decision or intervention; 2) petitioners are in estoppels to challenge the validity of the said act; and 3) the Act is constitutionally valid.

Section 1 of Act No. 2706 provides that It shall be the duty of the Secretary of Public Instruction to maintain a general standard of efficiency in all private schools and colleges of the Philippines so that the same shall furnish adequate instruction to the public, in accordance with the class and grade of instruction given in them, and for this purpose said Secretary or his duly authorized representative shall have authority to advise, inspect, and regulate said schools and colleges in order to determine the efficiency of instruction given in the same.

Issue:Whether or not Act No. 2706 is unconstitutional.

Held: The organic law provides that the state has the power to regulate private schools for the development of morals, civic efficiency, and scientific aptitude of students. The court found no justiciable controversy. The power of the courts to declare a law unconstitutional arises only when the interest of litigant require the use of judicial authority for their protection against actual interference. As such, judicial power is limited to the decision of actual cases and controversies. Thus, the court does not sit to adjudicate a mere academic question, such as that provided by the petitioner. On this phase of the litigation, the court conclude that there has been no undue delegation of legislative power even if the petitioners appended a list of circulars and memoranda issued by the Department of Education. Therefore, the petition for prohibition is denied.