Sandigan drops raps vs 2 school execs
The legislature cannot delegate this power to declare what acts should constitute a criminal offense to an executive official, or to the CHEd for that matter.
Daily TribuneThe legislature cannot delegate this power to declare what acts should constitute a criminal offense to an executive official, or to the CHEd for that matter.
(File photo)
The Sandiganbayan has dismissed the charges lodged against two ex-officials of the Urdaneta City University (UCU) who were allegedly offered class extension without approval from the Commission on Higher Education (CHEd).
In a resolution dated 22 May, the Sandiganbayan Sixth Division granted the prosecution’s request to withdraw the case against UCU president Elizabeth Montero and associate professor II Helen Dupale through a memorandum approved by Ombudsman Samuel Martires.
The Ombudsman charged Montero and Dupale earlier this year for allegedly violating Section 24 of CHEd Memorandum Order No. 40, series of 2008, in relation to Section 65 of the 2008 Manual of Regulations of Private Higher Education (MORPHE) and Section 5.2.5 of CHEd MO No. 27 and CHEd MO No. 30, both series of 2009.
The prosecution alleged that Montero and Dupale offered and conducted extensions of classes to students in UCU Graduate School in Olongapo City, where Dupale was then officer-in-charge, notwithstanding the lack of approval from CHEd in 2013.
Section 24 of MORPHE stipulates that offering extension classes under a recognized degree program necessitates CHEd’s approval.
In dropping the case, the Sandiganbayan noted that while the CHEd has the power to promulgate such rules and regulations as necessary to carry out its purpose, any information filed within the court rests in the court’s sound discretion.
“The legislature cannot delegate this power to declare what acts should constitute a criminal offense to an executive official, or to the CHEd for that matter,” the anti-graft court said.
