EXCLUSIVE ENROLLMENT TO THE SCHOOL'S REVIEW CENTER: LEGAL BA??

[mamdulz]

Do you think it is legal to tell the crim graduates to enrol to the school's review center only and not in any review centers, or else, their transcripts will not be released (hence, they cannot apply for board exam) ...

Pls cite any CHED memo or any orders if any.. ty!!

[mamdulz]

FORGIVE ME... but i misplaced this topic.. Sir RKM bka pwede pakilipat sa appropriate forum.. TY!

[Triggerfish]

It is not illegal to send one's own graduate to enroll exclusively with the school's review center. What is illegal is to hold one's Transcript of Record or Diploma by reason of non enrollment to the said review center.

For all to be reminded regarding Review Centers:

In order to control the independent review centers as well as those of the fly by night centers, President Gloria Macapagal-Arroyo signed EO 566 on 2006, which requires Ched to supervise and regular review centers' operations and that it is likewise decreed that only accredited and reputable higher educational institutions may qualify to operate review operations.

Under the said EO 566, existing review centers are given one year starting on November 2006 until November 2007 to integrate with the school-based review centers with permit in order to continue their operations. Several higher educational institutions have already applied and granted permit by Ched.

On November 27, 2007, which was the deadline for the operations of the independent review centers, they requested Ched to extend the integration with the school-based training review centers for another six months, which Ched had granted under Ched Memorandum Order (CMO) 55.

Those who would fail to comply will be closed, as no review operations will be conducted by any entity unless permit is granted. Under the EO 566 any review operations or activity being conducted after May 2008 will be considered illegal and violators thereof will be liable for administrative and criminal sanctions.

[mamdulz]

Exactly Sir SS... TOR will be withheld daw if the graduates will enrol in another review center... dapat may freedom ang reviewees to choose kung saan sila magrereview.

[Matt]

talking about review centers, i think it is not bad to be with in the school's own review classes as long as the school really provide what is expected by the students, and of course that is measured by the QUALITY of the review center.

Ok lang yon mamdulz, kayo naman ang makikinabang as review professors he he he 

[mamdulz]

hahaha!! korek matt!! pero we dont want to curtail naman the freedom of the students! 

[alrasi]

It is not illegal to send one's own graduate to enroll exclusively with the school's review center. What is illegal is to hold one's Transcript of Record or Diploma by reason of non enrollment to the said review center.

For all to be reminded regarding Review Centers:

In order to control the independent review centers as well as those of the fly by night centers, President Gloria Macapagal-Arroyo signed EO 566 on 2006, which requires Ched to supervise and regular review centers' operations and that it is likewise decreed that only accredited and reputable higher educational institutions may qualify to operate review operations.

Under the said EO 566, existing review centers are given one year starting on November 2006 until November 2007 to integrate with the school-based review centers with permit in order to continue their operations. Several higher educational institutions have already applied and granted permit by Ched.

On November 27, 2007, which was the deadline for the operations of the independent review centers, they requested Ched to extend the integration with the school-based training review centers for another six months, which Ched had granted under Ched Memorandum Order (CMO) 55.

Those who would fail to comply will be closed, as no review operations will be conducted by any entity unless permit is granted. Under the EO 566 any review operations or activity being conducted after May 2008 will be considered illegal and violators thereof will be liable for administrative and criminal sanctions.

Benchmark Online April 2009

http://sc.judiciary.gov.ph/publications/benchmark/2009/04/040903.php

SC: CHED Has No Authority to Regulate Review Centers
By James C. Bitanga

The Supreme Court struck down an Executive Order expanding the coverage of regulation by the Commission on Higher Education (CHED) to include review centers, entities in the business of preparing applicants for professional licensure examinations.

[chimei]

From what i know the Supreme court has already ruled that the CHED has no power to regulate review centers as The Court En Banc, through a 23-page ponencia of Justice Antonio T. Carpio, declared EO 566 unconstitutional and invalid as it had expanded the coverage of CHED’s authority without authorizing legislation. Accordingly, the Court also found that the Revised Implementing Rules and Regulations (RIRR) corresponding to EO 566 was “an invalid exercise of CHED’s quasi-legislative power.”

In ruling in favor of the Review Center Association of the Philippines, the Court ruled that EO 566 is an unconstitutional exercise of legislative power by the President as it expands CHED’s regulatory coverage to include review centers, despite the fact that RA 7722, the law defining CHED’s authority, only limits such coverage to “public and private institutions of higher education and degree-granting programs in all post-secondary educational institutions.”

In this regard, the Court clarified that a “review center is not an institution of higher learning as contemplated by RA 7722…t does not offer a degree-granting program that would put it under the jurisdiction of the CHED.” Moreover, “[a] review course is only intended to ‘refresh and enhance the knowledge or competencies and skills of reviewees,’” and it does not require enrollment, attendance, a grade or submission of a thesis in order to complete the review center course requirements or take the licensure examination.

Likewise, the Court struck down the RIRR as an invalid exercise of CHED’s quasi-legislative power, finding that “[t]he CHED may only exercise its rule-making power within the confines of its jurisdiction under RA 7722. The RIRR covers review centers and similar entities which are neither institutions of higher education nor institutions offering degree-granting programs.”

The Court also rejected the argument that the President was merely exercising her residual powers under EO 292 in expanding CHED’s regulatory coverage. Following prior jurisprudence, the Court stressed that the President has no inherent or delegated power to make, alter or repeal laws, absent an enabling legislation allowing her to do so. Thus, the President, in amending the functions of the CHED under RA 7722, without enabling laws granting her that authority, usurped the authority of the legislature.

In addition, the Court ruled that RA 8981, the Philippine Regulation Commission Modernization Act of 2000 (The PRC Modernization Act), did not give the President, through the PRC, powers to regulate review centers. Under RA 8981, the PRC must “ensure and safeguard the integrity of all licensure examinations” and adopt “measures to preserve the integrity and inviolability of licensure examinations.” The Court stated that “[t]hese powers of the PRC have nothing to do at all with the regulation of review centers.” (GR No. 180046, Review Center Association of the Philippines v. Ermita, April 2, 2009)

[Agitator]

school's review center, (one that offers higher education), is still under the control of CHED under RA 7722. though, post is irrelevant to the question raised, it was informative.

relevant fact would be, legal basis of the illegality of non release of TOR upon failure to enroll oneself in their review center or any review center for that matter. if any, kindly enlighten me. thanks.

Philosophically speaking, it should not be allowed because it confines the graduate's choice to choose and exercise his/her freewill . If the reason of the institution for taking such measure (non release of TOR)is to control the performance of their students via passing percentage in board exams, then they are misguided, they should strive for quality education thus producing quality graduates.

It looks lucrative alright. however, the intrusion upon one's resources is too much. If the school is confident that they offer quality review instruction, it will not resort to such measure, for graduates whether thei own or not will willfully flock to their doorstep.

[Triggerfish]

kaya...mag bukas na kayo nga maraming review center..tapos tawagan nio kami as lecturer ninyo...850-1k pesos/ per hour lang naman, nya ha ha...

[windtalker]

Sama po ako jan sir hhaahhahaha