DAGUPAN CITY–The regional trial court (RTC) here has granted the petition of the Philippine Association of Colleges and Universities (PACU) to stop the implementation of Commission on Higher Education’s (CHED) two resolutions that would phase out programs of higher educational institutions which have
low passing percentage in licensure examinations.

RTC Judge Rolando Mislang of branch made this move in his 15-page decision dated March 29 regarding the petition for certiorari, prohibition and damages with prayer for temporary restraining order and/or preliminary injunction by
the University of Luzon (UL) as petitioner and PACU as well as Lyceum Northwestern University (LNU) as petitioners-intervenors.

Both UL and LNU are based in this city.

Mislang said “public respondents (CHED through Dr. Carlito Puno, Dr. Saturnino Ocampo Jr, Dr. Ma. Cristina Padolina, Dr. Hadja Luningning Umar, Fr. Rolando de la Rosa, Dr. Willima Medrano and Dr. Catherine Castañeda) and all or any of their agents are hereby enjoined from implementing Resolution No. 475-2004 and Resolution No. 120-2005 and from issuing further statement
in media print or radio or television or through internet or in any forum that is derogatory or damaging to the petitioner/intervenors”.

The petitioners sought the annulment of said resolutions “on the ground that the respondents acted with grave abuse of discretion amounting to lack or excess in promulgating the said resolutions”.

Pertinent portions of Resolution No. 475-2004 read that “the Commission approved the immediate implementation of the phase –out order on programs of HEIs (higher educational institutions) that have performed poorly in licensure examination administered by the Professional Regulations Commission”.

In the said resolution, it added that the Commission set the cut-off passing rate of eight percent based on the results of licensure examinations for the period 1999-2003. HEIs whose passing percentage is eight percent or less shall be phased out, it added.

Under Resolution 120-2005, it partly said that, “the Commission agreed to adopt the resolution of the Technical Panel for Health Professions Education Resolution on the Thirty Per Centum (30%) Average Passing Percentage Requirement for Nursing Schools, provided however that: the thirty percentum board passing requirement shall take effect in SY 2008 and that the schools
shall be rated on the basis of their average performance for SYs 2005-2006 and 2006-2007”.

The petitioners said “these resolutions are null and void, they being contrary to law, violative of due process and equal protection of law”.

The petitioners added that the phase out order is tantamount to condemnation and judgment without the benefit of hearing in utter disregard of R.A. No. 7722, the law that created the CHED which requires that policies, standards and requirements governing academic programs in higher education must go
through a process of consultation or public hearing so as to afford the concerned stakeholders the opportunity to be heard.

The added that there was no publication of such resolutions.
PACU is a non-stock, non-profit educational institution with 142 colleges and universities as its members throughout the country.

Meanwhile, Dr. Gonzalo Duque, president of Lyceum Northwestern University, filed on March 22 this year a criminal complaint for libel against top officials of CHED and The Manila Times for a press release when the CHED “preemptively issued a press statement on the closure of nursing programs for low performing colleges and universities”.

In the article, CHED identified Lyceum Northwestern University’s College of Nursing as among the 37 “very low performing nursing schools”.