Having presented all the facts the author holds that the orders issued by the Commission on Higher Education prohibiting the increase of tuition fee for the school year 2001-2002 valid. The order is valid because the Commission on Higher Education had the authority to regulate the rate of tuition fee as prescribed in the Presidential Decree No. 451 and Batasang Pambansa blg. 232. Moreover, it is prescribed in the constitution that education should be made accessible to all the citizens of the Philippines, and that the state shall ensure that the citizens are given access to a better education. With the order of the CHED in prohibiting the increase of the tuition fee, it was ensured that this right under the constitution is not infringed, as the administrative body of the government took step to ensure that the citizens will not be deprived in access to education by prohibiting the increase of the tuition fees especially at the time when the citizens are having financial difficulty.Furthermore, in the Higher education modernization act of 1997 it is further specified under section 4 (e) of the act that a socialized scheme in determining the rate of tuition fee. It specifically states that the tuition fee should provide “greater access to the poor”, thus in this case, issuing an order prohibiting the increase of tuition fee for the year 2001-2002 is beneficiary to the poor and will provide them with a greater access as the issue of the CHED was to ensure that education does not become burdensome to parents who experience financial difficulty.Lastly, the jurisprudence of the Philippines had shown that the authority to issue and order regarding the regulation on the tuition fees rests in the hands of the Secretary of Education which in this case is the CHED. In both cases presented above, the court had affirmed that the Secretary of Educations indeed has the right to regulate the tuition fee of the schools. VIII. Bibliograp...
