CHED orders closure of school, CA affirms
The Court of Appeals (CA) in Manila has denied the appeal the Mandaue City College (MCC) filed over the closure order the Commission on Higher Education (CHED) has issued against the school.
In 2010, the CHED issued a closure order of the higher education programs of MCC under the administration of Dr. Paulus Mariae L. Cañete because it has no valid authority from MCC's Bureau of Trustees (BOT) and recognition from the city government.
Associate Justice Rafael Antonio M. Santos, in his penned decision, affirmed the decision of the trial court when it dismissed a petition for nullification of the closure order.
"Since the school operated by Dr. Cañete under the name of MCC was operating without the requisite authority from respondent-appellee CHED, it had no valid and existing right or interest to be protected via the issuance of a writ of preliminary injunction. In other words, it will suffer no prejudice in law with the issuance of respondent-appellee's closure order," read the decision.
In 2012, the MCC filed a petition for nullification of the closure order and of the notice to the public with prayer for issuance of a writ of preliminary mandatory injunction and temporary restraining order and damages against CHED.
In 2012, the MCC filed a petition for nullification of the closure order and of the notice to the public with prayer for issuance of a writ of preliminary mandatory injunction and temporary restraining order and damages against CHED.
It claimed that CHED has no power or authority to order closure of local colleges and universities as their power is only recommendatory in nature.
MCC was established through Mandaue City Ordinance No. 10-2005-324A with the primary purpose of providing technical and professional training in sciences, arts, education, engineering and technology and short-term vocational courses on technical education and skills development. It was revised in 2010 through Mandaue City Ordinance No. 12-2010-568.
It is located at OPD Building, Eversely Child Sanitarium, Jagobiao, Mandaue City.
Allegedly, irregularities were attributed to Cañete, which consisted of discrepancies in MCC's administration, especially in its course offerings, the teaching loads of its professors, the hiring of part-time teachers and the management of MCCs trust fund.
One of the courses, such as nursing, was offered without authority of the Board of Trustees (BOT) or without recognition by CHED.
Cañete also failed to submit MCCs Statement of Accounts to the BOT despite demand and failed to submit MCC's records to the CHED Regional Office, resulting in MCC's lack of a Certificate of Compliance.
The CA ruled in favor of CHED.
It ruled CHED has power to issue closure order under the law.
"As sanctions for operating without government fiat, respondent-appellee CHED is authorized to impose the total closure of school and/or to disqualify the school from conferring title or degree in the non-recognized program or course of studies," read the decision.
MCC was established through Mandaue City Ordinance No. 10-2005-324A with the primary purpose of providing technical and professional training in sciences, arts, education, engineering and technology and short-term vocational courses on technical education and skills development. It was revised in 2010 through Mandaue City Ordinance No. 12-2010-568.
It is located at OPD Building, Eversely Child Sanitarium, Jagobiao, Mandaue City.
Allegedly, irregularities were attributed to Cañete, which consisted of discrepancies in MCC's administration, especially in its course offerings, the teaching loads of its professors, the hiring of part-time teachers and the management of MCCs trust fund.
One of the courses, such as nursing, was offered without authority of the Board of Trustees (BOT) or without recognition by CHED.
Cañete also failed to submit MCCs Statement of Accounts to the BOT despite demand and failed to submit MCC's records to the CHED Regional Office, resulting in MCC's lack of a Certificate of Compliance.
The CA ruled in favor of CHED.
It ruled CHED has power to issue closure order under the law.
"As sanctions for operating without government fiat, respondent-appellee CHED is authorized to impose the total closure of school and/or to disqualify the school from conferring title or degree in the non-recognized program or course of studies," read the decision.
SOURCE: Mylen P. Manto (The Freeman). Appellate Court thumbs down MCC’s appeal. May 7, 2019 - 12:00am. https://www.philstar.com/the-freeman/cebu-news/bottom-article-list/2019/05/07/1915786/appellate-court-thumbs-down-mccs-appeal
