MILITANT youth group Kabataan party-list on Wednesday asked the Supreme Court (SC) to stop the implementation of the newly-approved tuition hikes in 354 private colleges and universities nationwide.
The petitioners led by Kabataan party-list along with students from various colleges and universities filed a petition for certiorari, mandamus and prohibition, asking the high court to declare “the newly-approved increases in tuition and other school fees invalid for failure to being subjected to reasonable regulation and supervision,” as stipulated in Article XIV Section 4 of the 1987 Constitution.
In the petition, the group specifically questioned the constitutionality of Section 42 of Batas Pambansa No. 232 or the Education Act of 1982 and the Commission on Higher Education (CHED) Memorandum Order No. 3 series of 2012 – the two of which are the basis for approval of new and higher fees in tertiary schools – as “both law and regulation does not constitute reasonable regulation and supervision of all educational institutions as required by the 1987 Constitution.”
The petitioners also asked the high court to declare invalid all increases in tuition and other school fees that were based on the Batas Pambansa No. 232 and CHED Memorandum Order No. 3 even in the past years.
“The petitioners also ask the Honorable Court, pending a final resolution on this petition to issue a preliminary prohibitory injunction and/or a Temporary Restraining Order, prohibiting the respondents, and anyone acting under their authority, stead, or behalf, from implementing the approved increases in tuition and other school fees,” part of the petition read.
Respondents for the case include CHED, and several schools that increased tuition for the incoming academic year, notably the University of Santo Tomas, University of the East Caloocan and Adamson University.
The petition comes right after the CHED en banc approved 354 out of 451 tuition hike applications on Monday.