on is valid.Now that it is established that the power of DECS was indeed transferred to the CHED. It is clear that CHED will have all the power to govern the higher education or the tertiary education. However, the issue whether the order to prohibit the increase of tuition fee is valid, still remains.To determine whether the order issued is valid or invalid, the author researched on the law governing the powers of the Secretary of Education, and as well researched on Jurisprudence that dealt with question of the validity of the order of the Secretary of Education.In the search for the laws governing the power of the Secretary of Education, the researcher found two laws that gave the Secretary of Education the authority to regulate the increase on tuition fees. The first law being from SEC. 2 of PD No. 451. “The Secretary of Education and Culture has the authority to regulate any increase or change in the rate of tuitions and or other school fees or charges collected from pupils or students and/or their parents by all private schools, colleges, and universities” Also in SEC. 57 and 70 of Batasang Pambansa Blg. 232 or otherwise known as the Education Act of 1982 the same is mentioned. In Sec. 57 paragraph 3 it states that “the Ministry shall promulgate rules and regulations necessary for the administrations, supervision and regulation of the educations system in accordance with declared party.” And Sec. 70 states “The Minister of Educatoin and Culture, charged with the administration and enforcement of this Act, shall promulgate the necessary implementing rules and regulation.” From the provisions stated above namely Sec. 2 of PD No. 451, SEC 57 (3) and SEC 70 of BP No. 232, the secretary of education which in this case is the CHED is given the authority to indeed regulate the tuition fee of the higher education, and thus, the order of prohibiting the increase of tuition fee for the school year ...
