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DECS Vs San Diego

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DECS vs SAN DIEGO

FACTS: Roberto Rey San Diego, a graduate of the University of the East
with a degree of B.S. Zoology, had taken and flunked 4 National Medical
Admission Tests and was applying to take another test. NMAT Rule provides
that a student shall be allowed only three (3) chances to take the test. After
three successive failures, a student shall not be allowed to take the NMAT for
the fourth time. The Regional Trial Court held that the petitioner had been
deprived of his right to pursue a medical education through an arbitrary
exercise of the police power.

ISSUE: Whether or not the respondent has been deprived of his right to
quality education.

RULING: NMAT is a measure intended to limit the admission to medical


schools to those who have initially proved their competence and preparation
for a medical education. The regulation of practice of medicine is a
reasonable method of protecting the health and safety of the public. This
regulation includes the power to regulate admission to the ranks of those
authorized to practice medicine. NMAT is a means of achieving the country’s
objective of “upgrading the selection of applicants into medical schools” and
of “improving the quality of medical education in the country” It is the
responsibility of the State to insure that the medical profession is not
infiltrated by incompetents to whom patients may unwarily entrust their lives
and health.
The right to quality education is not absolute. The Constitution provides that
every citizen has the right to choose a profession or course of study, subject
to fair, reasonable, and equitable admission and academic requirement.
The equal protection requires equality among equals. There would be
unequal protection if some applicants who have passed the tests are
admitted and others who have also qualified are denied entrance.
The petition has been granted and the decision of the respondent court has
been reversed.

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