Back

Review Center Associations of the Philippines Vs. Executive Secretatry Eduardo Ermita, et al. [SEPARATE CONCURRING OPINION, BRION J]

REVIEW CENTER ASSOCIATION OF THE PHILIPPINES, Petitioner, versus EXECUTIVE SECRETARY EDUARDO ERMITA and COMMISSION ON HIGHER EDUCATION represented by its Chairman ROMULO L. NERI, Respondents. / CPA REVIEW SCHOOL OF THE PHILIPPINES, INC. (CPAR), PROFESSIONAL REVIEW AND TRAINING CENTER, INC. (PRTC), ReSA REVIEW SCHOOL, INC. (ReSA), CRC-ACE REVIEW SCHOOL, INC. (CRC-ACE), Petitioners-Intervenors. PIMSAT COLLEGES, Respondent-Intervenor.

G.R. No. 180046 | 2009-04-02

SEPARATE CONCURRING OPINION


BRION, J.:

I concur with the ponencia that EO 566 and the instruments derived from this EO should be declared invalid. At the same time, I maintain that the President of the Philippines has adequate powers under the law to regulate review centers. EO 566 is invalid as a regulatory measure over review centers because an executive order of this tenor cannot be issued under R.A. 7722 (The Higher Education Act of 1994). The appropriate existing law to regulate review centers is R.A. 8981, otherwise known as The PRC Modernization Act of 2000.

A holistic reading of R.A. 8981 shows that it attempts to provide the blue...