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    PhIL CONSUMERS VS SOE

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    The document discusses a case where the Philippine Consumers Foundation opposed a Department Order authorizing a 10-15% increase in school fees. The Secretary of Education maintained the fee increase was necessary. The issue was whether DECS's fixing of school fees through department order constituted a valid delegation of legislative power. The court held it did, as the power to regulate the educational system granted to DECS included the power to prescribe school fees.

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    PhIL CONSUMERS VS SOE

    Uploaded by

    phgmb
    10 views1 page
    The document discusses a case where the Philippine Consumers Foundation opposed a Department Order authorizing a 10-15% increase in school fees. The Secretary of Education maintained the fee increase was necessary. The issue was whether DECS's fixing of school fees through department order constituted a valid delegation of legislative power. The court held it did, as the power to regulate the educational system granted to DECS included the power to prescribe school fees.

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    The document discusses a case where the Philippine Consumers Foundation opposed a Department Order authorizing a 10-15% increase in school fees. The Secretary of Education maintained the fee increase was necessary. The issue was whether DECS's fixing of school fees through department order constituted a valid delegation of legislative power. The court held it did, as the power to regulate the educational system granted to DECS included the power to prescribe school fees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    10 views1 page

    PhIL CONSUMERS VS SOE

    Uploaded by

    phgmb
    The document discusses a case where the Philippine Consumers Foundation opposed a Department Order authorizing a 10-15% increase in school fees. The Secretary of Education maintained the fee increase was necessary. The issue was whether DECS's fixing of school fees through department order constituted a valid delegation of legislative power. The court held it did, as the power to regulate the educational system granted to DECS included the power to prescribe school fees.

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    © All Rights Reserved
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    Philippine Consumers Foundation, Inc. vs.

    Secretary of Education, 153 SCRA 622

    Facts: The DECS, as recommended by the Task Force on Private Higher Education
    and through respondent Secretary issued Dep Order No. 37, a modification of  a
    previous Department Order, authorizing the 10% to 15% increase in school fees.
    Petitioner opposed and alleged in a petition that said order was issued without any legal
    basis arguing that authority of DECS to regulate school fees does not always include
    the power to increase the same.

    Sec. 57 (3) of BP Blg. 232 (The Education Act of 1982), vests the DECS with the power
    to regulate the educational system; and Sec. 70 of the same act grants the DECS the
    power to issue rules which are likewise necessary to discharge its functions and duties
    under the law.

    The respondent Secretary maintains that the increase in tuition and other school fees is
    urgent and necessary.

    Issue: WON the fixing of school fees through department order by DECS is a valid
    delegation of legislative power.

    Held: Yes. Power granted to the educational department to regulate the educational
    system includes the power to prescribe school fees. In the absence of a statue stating
    otherwise, this power include the power to prescribe school fees. No other government
    agency has been vested with the authority to fix school fees and as such, the power
    should be considered lodged with the DECS.

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