The Supreme Court yesterday dismissed the petition of youth leaders to stop the newly-approved tuition increase in 354 universities and colleges nationwide.
During Tuesday's en banc session, the SC decided to dismiss the petition for failure of the petitioners to exhaust administrative remedies, which means that before a party is allowed to seek judicial intervention, it must exhaust their remedies in the Executive Branch.
The thrust of the rule is that the courts must allow administrative agencies to carry out their functions and discharge their responsibilities within their specialized areas of competence.
The petitioners are Kabataan party-list list through legal counsel James Mark Terry Ridon, National Union of Students of the Philippines, College Editors Guild of the Philippines, League of Filipino Students, Anakbayan, Student Christian Movement and the Kabataan Para sa Tunay na Kalayaan.
They argued that the Commission on Higher Education failed to perform its duties to take necessary steps to make education accessible to all.
The petitioners want Memorandum Order No. 3-2012 as well as Section 42 of the Batas Pambansa No. 232 to be declared as unconstitutional.
Under the memorandum order, there is no provision on the exercise of regulatory powers of CHED to determine the rate of tuition and other school fees.
The petitioners further argued that the order also does not provide for regulation and supervision with respect to increase in tuition and other school fees for incoming freshmen students.*PNA