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62 Sand v. Abad Santos Educational Institution

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Loren Bea Tulalian

The respondent nursing school challenged rules promulgated by the Board of Examiners that empowered the Board to inspect nursing schools and prevent graduates from taking examinations if the school did not meet standards. The Court upheld the rules' validity, finding it a valid exercise of police power to ensure public health. The rules could also be retroactively applied because they did not impose new substantive requirements but rather enforced existing minimum standards.

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62 Sand v. Abad Santos Educational Institution

Uploaded by

Loren Bea Tulalian
113 views1 page
The respondent nursing school challenged rules promulgated by the Board of Examiners that empowered the Board to inspect nursing schools and prevent graduates from taking examinations if the school did not meet standards. The Court upheld the rules' validity, finding it a valid exercise of police power to ensure public health. The rules could also be retroactively applied because they did not impose new substantive requirements but rather enforced existing minimum standards.

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The respondent nursing school challenged rules promulgated by the Board of Examiners that empowered the Board to inspect nursing schools and prevent graduates from taking examinations if the school did not meet standards. The Court upheld the rules' validity, finding it a valid exercise of police power to ensure public health. The rules could also be retroactively applied because they did not impose new substantive requirements but rather enforced existing minimum standards.

Copyright:

© All Rights Reserved
Download as PDF, TXT or read online from Scribd
Download as pdf or txt
113 views1 page

62 Sand v. Abad Santos Educational Institution

Uploaded by

Loren Bea Tulalian
The respondent nursing school challenged rules promulgated by the Board of Examiners that empowered the Board to inspect nursing schools and prevent graduates from taking examinations if the school did not meet standards. The Court upheld the rules' validity, finding it a valid exercise of police power to ensure public health. The rules could also be retroactively applied because they did not impose new substantive requirements but rather enforced existing minimum standards.

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© All Rights Reserved
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UP Law F2021 062 Sand v.

Abad Santos Educational


Institution
Administrative Law Rule-making in various 1974 Teehankee
agencies

SUMMARY
Respondent is a nursing school. It challenged the rules and regulations promulgated by the Board of
Examiners, which empowers the Board to inspect all nursing schools and to prevent its graduates from
taking the nursing examination if the school is found to be below standards. The Court upheld the validity of
the rules and regulations. It is a valid exercise of police power, and it may be retroactively applied because it
does not impose additional substantive requirements.

FACTS
 The Board of Examiners for Nurses adopted its rules and regulations on July 27, 1967, Rule 69,
Section 5 of which provides that:
1. the Board shall have the power to periodically inspect nursing schools;
2. if a nursing school is found not to comply with the minimum requirements and standards, no
graduate of such school shall be eligible for admission to the nurses’ examination during
the period of the school’s deficiency

 Abad Santos Educational Institution filed an action for declaratory relief, to declare the above-cited
provision null and void.
 The lower court granted the petition, holding that the provision may not be given retroactive effect
and cannot be enforced on schools and colleges already duly accredited by the Bureau of Private
Schools

RATIO
W/N the Board of Examiners for Nurses has the power to promulgate the assailed regulation
YES. Statutory authority plainly exists for the Board to exercise its supervisory and regulatory functions.
The Philippine Nursing Act specifically empowers the Board to inspect nursing schools and vests it with
authority to “issue, suspend, revoke, or reissue certificates of registration for the practice of nursing.”
Furthermore, Section 20 of the said Act provides that “in order to be admitted to the nursing examination,
an applicant must, at the time of filing the application, establish to the satisfaction of the Board that he has
all the requisite qualifications provided for by law”.

That the periodic inspection of duly accredited nursing schools is already under the responsibility of the
Bureau of Private Education is of no moment. Respondent’s allegation that the two agencies might have
conflicting decisions and will not coordinate their efforts is purely speculative. It is beyond the domain of
the courts to inquire into the wisdom of the law vesting the Board with powers similar to that of the Bureau
of Private Education.
The assailed regulation is a proper exercise of police power by the State, to ensure that nursing schools are
properly maintained in the interest of public health.

W/N the regulation may be applied “retroactively” to nursing schools that are already accredited
YES. Where new substantive requirements would be imposed to upgrade the standards beyond the
minimum requirements, such shall be prospectively applied. However, where the board simply finds in the
course of its periodic inspection that a nursing school does not meet the standing minimum requirements
and standards, then it is the board’s duty, as provided in the rule, to require the deficient school to make the
necessary improvements, and to bar its would-be graduates in the meantime from taking the nursing
examination until its deficiency is removed.

FALLO: ACCORDINGLY, the judgment under review of respondent court is hereby reversed and set aside,
and in lieu thereof judgment is hereby rendered declaring the validity of Article VIII, Rule 69, section 5 of
the Rules and Regulations adopted by petitioner board on July 27, 1967 and its applicability to all existing
colleges, institutes or schools of nursing.

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