Pagtaas sa matrikula ng 354 paaralan, ipinapipigil sa Korte Suprema

admin   •   May 30, 2013   •   3318

Sa pangunguna ni Kabataan Partylist National President Atty. Terry Ridon ay sinusubukan nilang pigilan ang pagtaas ng matrikula o tuition sa may 354 paaralan sa buong bansa sa pamamagitan ng paghahain ng petisyon sa Korte Suprema nitong Miyerkules. (UNTV News)

Sa pangunguna ni Kabataan Partylist National President Atty. Terry Ridon ay sinusubukan nilang pigilan ang pagtaas ng matrikula o tuition sa may 354 paaralan sa buong bansa sa pamamagitan ng paghahain ng petisyon sa Korte Suprema nitong Miyerkules. (UNTV News)

MANILA, Philippines — Naghain ng petisyon sa Korte Suprema ang Kabataan Partylist, kasama ang ilang estudyante mula sa iba’t ibang kolehiyo at unibersidad upang pigilan ang pagpapatupad ng pagtataas ng tuition ng 354 na paaralan sa bansa.

Sa naturang petisyon, hiniling din ng youth groups at student leaders sa kataas-taasang hukuman na ideklarang invalid ang bagong aprubang tuition increase at iba pang bayarin dahil hindi umano ito naisailalim sa reasonable regulation and supervision na nakasaad sa 1987 constitution.

“Importante po talaga na mapigilan ito dahil dapat hindi stamp pad ang CHED ng mga private schools sa usapin ng pagtaas. Sa ilalim ho ng ating saligang-batas, kailangan pong mai-regulate reasonably ang lahat ng mga educational institutions,” pahayag ni Atty. Terry Ridon, National President, Kabataan Party-list.

Partikular na kinukwestyon sa petisyon ang ligalidad ng Section 42 ng Education Act of 1982 at ang Memorandum Order ng Commission on Higher Education (CHED) na siyang ginamit na batayan sa pag-apruba ng tuition increase at iba pang bayarin sa mga paaralan.

Nais din ng petitioners na ideklarang invalid ang mga ipinatupad na dagdag matrikula nitong mga nakalipas na taon na ibinatay sa kinukwestyong batas at regulasyon ng CHED.

Inihain ang petisyon matapos aprubahan ng CHED ang kahilingan ng daan-daang eskwelahan sa bansa na makapagtaas ng tuition. (Bernard Dadis & Ruth Navales, UNTV News)

Palace welcomes SC ruling junking plea to compel Duterte to defend PH territory

Robie de Guzman   •   November 24, 2021

MANILA, Philippines – Malacañang on Wednesday welcomed the decision of the Supreme Court (SC) to dismiss the petition to compel President Rodrigo Duterte to defend the Philippine territory against China’s claims and incursions in the West Philippine Sea.

“We welcome the decision of the Supreme Court dismissing the petition for mandamus filed against President Rodrigo Roa Duterte,” acting presidential spokesperson Karlo Nograles said in a statement.

Nograles was referring to an SC ruling dated June 29 but only uploaded on its website on November 22.

In a unanimous decision, the SC en banc dismissed the petition for mandamus filed by lawyer Romeo Esmero for “utter lack of merit.”

In his petition, Esmero claimed that it is the president’s ministerial duty to defend the national territory, which includes the West Philippine Sea as established by the UN Arbitral Tribunal.

He also asserted that “there is unlawful neglect or inaction by the president in the performance of his constitutional duty resulting to the detriment of ‘paramount public interest involve (sic) the livelihood of all of our poor Filipino fishermen and their families who are living in the coastal areas of the many islands facing the West Philippine Sea.’”

Esmero also suggested suing China before the International Criminal Court “to demand payment and damages for taking the Kalayaan Islands.”

“Our ruling in De Lima v. Duterte is clear: the president is immune from suit during his incumbency, regardless of the nature of the suit filed against him. Petitioner named President Duterte as the sole respondent in this case. For this reason, this suit should be dismissed outright,” the SC said.

The high court also noted that the petition for the issuance of a writ of mandamus “would still not lie in petitioner’s favor.”

A mandamus petition seeks to compel action and performance of a pre-existing duty, a ministerial function on the part of a board, officer or person, provided that the petitioner has a well-defined and clear right warrant the grant thereof.

“Indeed, the president is the guardian of the Philippine archipelago, including all the islands and waters embraced therein and all other territories over which it has sovereignty or jurisdiction. By constitutional fiat and the intrinsic nature of his office, the president is also the sole organ and the authority in the external affairs of the country,” the ruling read.

The SC said that for all the petitioner’s posturing, he failed to point any law that specifically requires the president to go to the UN or the ICJ to sue China for its incursions into the Philippine exclusive economic zone.

“Neither has he shown a clear and unmistakable constitutional or statutory provision which prescribes how the president is to respond to any threat (actual or imminent) from another State to our sovereignty or exercise of our sovereign rights,” the court said.

The SC said that former President Benigno S. Aquino was under no obligation to file a case against China through the UN Convention on the Law of the Sea (UNCLOS) in 2013.

“Taking China to binding arbitration was risky, as it could potentially damage relations with a major trading partner. On July 12, 2016, the arbitral tribunal issued an award overwhelmingly in favor of claims by the Philippines and ultimately bringing some clarity to the overlapping claims in the area,” the court noted.

The SC said that if President Duterte now sees fit to take a different approach with China despite said ruling, “this does not by itself mean that he has, as petitioner suggests, unlawfully abdicated his duty to protect and defend our national territory, correctible with the issuance by this Court of the extraordinary writ of mandamus.”

“Being the Head of State, he is free to use his own discretion in this matter, accountable only to his country in his political character and to his own conscience,” the SC added.

The 9-page ruling was penned by Associate Justice Rodil Zalameda. All 13 other justices concurred with the decision.

With this ruling, Malacañang said that the “executive power, indeed, rests on the President, including the peaceful and stable conduct of foreign affairs. Matters within the President’s discretion cannot be compelled by mandamus.”

The Palace also maintained that the president is the chief architect of foreign policy and this is affirmed by the latest decision of the High Court.

“Having said this, the president has firmly kept his position to continue the peaceful resolution of disputes,” Malacañang said.


UDM to resume face-to-face classes for nursing, physical therapy programs

Maris Federez   •   November 17, 2021


MANILA, Philippines — The Universidad de Manila (UDM) has been granted permission to hold face-to-face classes for nursing and physical therapy courses.

This was after the university passed the inspection conducted by the Commission on Higher Education (CHED) on Wednesday, November 17.

In a statement released by the school administration, UDM President Felma Carlos-Tria said that face-to-face classes will resume starting Thursday, November 18.

The university ensures that it will provide quality education without compromising the health of its students.

“We look forward to welcoming our Nursing and PT students back to a safe campus. Although these are the first two courses that will go on limited face to face, we are already preparing the facilities for our other programs as well,” President Tria said.

“All our efforts are geared towards giving Merlions quality education in a safe and conducive environment,” she added.

Tria assured parents that safety measures are being strictly followed for the welfare of the students as all of its full-time employees are vaccinated against COVID-19.

The school is also in close coordination with the Manila Health Department and the Department of Health to ensure that students are protected as well.

“We have gone beyond the minimum requirements to ensure a safe campus for our students,” Tria said.

“Our safety measures include following a rigid schedule for disinfection, students staying in the classroom (it will be the instructors who will go to them), implementing a staggered and cyclical schedule to ensure that the students won’t be coming in and won’t be dismissed at the same time,  providing alcohol dispensers in every room, and ensuring well-ventilated classrooms,” she further stated.

Supreme Court designates Raul Villanueva as Court admin office OIC

Robie de Guzman   •   November 17, 2021

MANILA, Philippines – The Supreme Court on Wednesday appointed Deputy Court Administrator Raul Villanueva as officer-in-charge of the Office of the Court Administrator.

Villanueva will take the post a Jose Midas Marquez who was appointed as Associate Justice.

“In view of the appointment of former Court Administrator, the Hon. Jose Midas Marquez, as Associate Justice of the Supreme Court, in the interest of public service, and pending the appointment of a regular Court Administrator, Deputy Court Administrator Raul Villanueva is hereby designated as Officer-in-charge in the Office of the Court Administrator,” the high court said in a memorandum order.

The order states that as the OIC of the Office of the Court Administrator, Villanueva “shall exercise the functions and perform the duties as the head of office” effective upon the issuance of the memorandum order and until the appointment of the regular Court Administrator.

Marquez took his oath as associate justice of the Supreme Court before Chief Justice Alexander Gesmundo on Tuesday.


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