Philippine Consumers Foundation, Inc. vs. Sec.

of Education, Culture and

Sports (G.R. No. 78385 August 31, 1987)
Facts:
The DECS, as recommended by the Task Force on Private Higher Education and
through respondent Secretary issued Dep Order No. 37, a modification of a
previous Department Order, authorizing the 10% to 15% increase in school fees.
Petitioner opposed and alleged in a petition that said order was issued without any
legal basis arguing that authority of DECS to regulate school fees does not always
include the power to increase the same.
Sec. 57 (3) of BP Blg. 232 (The Education Act of 1982), vests the DECS with the
power to regulate the educational system; and Sec. 70 of the same act grants the
DECS the power to issue rules which are likewise necessary to discharge its
functions and duties under the law.
The respondent Secretary maintains that the increase in tuition and other school
fees is urgent and necessary.
Issue:
WON the fixing of school fees through department order by DECS is a valid
delegation of legislative power.
Held:
Yes. Power granted to the educational department to regulate the educational
system includes the power to prescribe school fees. In the absence of a statue
stating otherwise, this power include the power to prescribe school fees. No other
government agency has been vested with the authority to fix school fees and as
such, the power should be considered lodged with the DECS.