"All educational institutions shall be under the supervision and subject to regulation by

the State."1

The Department of Education was established through the Education Decree of 1863 as
the Superior Commission of Primary Instruction under a Chairman. The Education agency
underwent many reorganization efforts in the 20th century in order to better define its purpose
vis a vis the changing administrations and charters. The present day Department of Education
was eventually mandated through Republic Act 9155, otherwise known as the Governance of
Basic Education act of 2001 which establishes the mandate of this agency.2

The Department of Education (DepEd) formulates, implements, and coordinates policies,

plans, programs and projects in the areas of formal and non-formal basic education. It supervises
all elementary and secondary education institutions, including alternative learning systems, both
public and private; and provides for the establishment and maintenance of a complete, adequate,
and integrated system of basic education relevant to the goals of national development.2

The issuance of the Department of Education (DepEd) Department Order No. 003 Series
of 2019 adopting the proposal of the Department of Health (DOH) on the “No Vaccine, No
Enrollment Policy is a valid exercise of police power of the State.

Police power, while incapable of an exact definition, has been purposely veiled in general
terms to underscore its comprehensiveness to meet all exigencies and provide enough room for
an efficient and flexible response as the conditions warrant.3

Police power is based upon the concept of necessity of the State and its corresponding
right to protect itself and its people.4

These range from the regulation of dance halls5, movie theatres6, gas stations7 and
cockpits8.

Police power is the plenary power vested in the legislature to make, ordain, and establish
wholesome and reasonable laws, statutes and ordinances, not repugnant to the Constitution, for
the good and welfare of the people.9 This power to prescribe regulations to promote the health,
morals, education, good order or safety, and general welfare of the people flows from the
recognition that salus populi est suprema lex ─ the welfare of the people is the supreme law.

Vast as the power is, however, it must be exercised within the limits set by the
Constitution, which requires the concurrence of a lawful subject and a lawful method. Thus, our
courts have laid down the test to determine the validity of a police measure as follows: (1) the
interests of the public generally, as distinguished from those of a particular class, requires its
exercise; and (2) the means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.10
 Executive Order No. 663, s. 2007 requires that the DepEd shall ensure the complete
vaccination status of all children entering primary school.

It shall further ensure that mothers of all children with incomplete immunization shall be
informed of the immunization program being provided by the government. It shall coordinate
with the local government health units for the complete vaccination of these children. It shall
identify and report any case of suspected vaccine-preventable disease, which has met the
standard case definitions, to the concerned local health units. It shall annually monitor the school
entry lists to ensure compliance by all schools and submit annual reports of schools’ compliance
to DOH.

This is in line with the government’s commitment to the World Health Organization
Regional Committee for the Western Pacific resolutions to eliminate/eradicate measles.
Elimination, eradication control of the childhood vaccine-preventable diseases requires that at
least 95% of our child population be fully immunized annually.11

As such it can be concluded that DepEd Order No. 003 s. 2019 is an exercise of police
power of the state through the executive branch aimed at the interest of the public in general and
reasonably necessary for the accomplishment of the purpose of E.O. 663 and not unduly
oppressive upon individuals.

1
Art. XIV, sec. 5., 1987 Philippine Constitution
2
http://www.deped.gov.ph/about-deped/vision-mission-core-values-and-mandate/
3
Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila, 127 Phil.
306 (1967).
4
JMM Promotion and Management Inc. v. Court of Appeals, 329 Phil. 87, 94 (1996) citing Rubi
v. Provincial Board of Mindoro, 39 Phil. 660 (1919).
5
U.S. v. Rodriguez, 38 Phil. 759.
6
People v. Chan, 65 Phil. 611 (1938).
7
Javier v. Earnshaw, 64 Phil. 626 (1937).
8
Pedro v. Provincial Board of Rizal, 56 Phil. 123 (1931).
9
Binay v. Domingo, G.R. No. 92389, September 11, 1991, 201 SCRA508, 514; Presidential
Commission on Good Government v. Pea, G.R. No. L-77663, April 12, 1988, 159 SCRA 556,
574; Rubi v. Provincial Board of Mindoro, 39 Phil. 660, 708.
10
National Development Company v. Philippine Veterans Bank, 192 SCRA 257 (1990)
11
Executive Order No. 663, s. 2007

Jerwin C. Tiamson
Ryan