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Mindanao university ordered to close law programs

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  The Legal Education Board (LEB) has ordered the Mindanao State University to close its law programs in all its campuses starting academic year 2025-2026 after it approved a resolution canceling MSU’s accreditation. The order stemmed from MSU’s refusal to recognize LEB’s supervisory authority and for asserting that it is not bound by the board’s orders, policies and guidelines on legal education. “The MSU is no longer authorized to offer the basic law program in the country,”  the LEB said. The board made permanent the cease and desist order it issued against MSU’s extension law programs on its campuses in Tawi-Tawi, Sulu and Maguindanao. It expressed concern over what it described as MSU’s “dismal” performance in the Bar examinations, noting the school’s passing rate since 2013 has been below the national passing percentage. Reacting to the LEB’s resolution, the MSU said it would continue to operate in accordance with its chapter passed by Congress in 1955. “The LEB cannot act no
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Doctrine of Constitutional Supremacy

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 What cannot be legally done directly cannot be done indirectly. This rule is basic and, to a reasonable mind, does not need explanation. Indeed, if acts that cannot be legally done directly can be done indirectly, then all laws would be illusory. 

The President, Congress and the Court cannot create directly franchises for the operation of a public utility that are exclusive in character.


Section 11, Article XII of the 1987 Constitution states that: 

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Bar Q&A (2023 Ed.) - Remedial Law - Prof. Manuel Riguera - Central - Questions and Answers 

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Bar Q&A (2023 Ed.) - Labor Law - Benedict Guirey Kato - Questions and Answers - Central 

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Bar Q&A (2023 Ed.) - Legal Ethics - Ed Vincent Albano - Questions and Answers 

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"No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted [except] to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate or authorization be exclusive in character or for a longer period than fifty years." [End of emphasis].


When the law is clear, there is nothing for the courts to do but to apply it. The duty of the Court is to apply the law the way it is worded. 

In PD No. 198, as amended, former President Ferdinand E. Marcos (President Marcos) created indirectly franchises that are exclusive in character by allowing the BOD of LTWD and the LWUA to create directly franchises that are exclusive in character. 


"It is basic that if a law or an administrative rule violates any norm of the Constitution, that issuance is null and void and has no effect. The Constitution is the basic law to which all laws must conform; no act shall be valid if it conflicts with the Constitution."

Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract." 


Police power does not include the power to violate the Constitution. Police power is the plenary power vested in Congress to make laws not repugnant to the Constitution. This rule is basic. 


In Metropolitan Manila Development Authority v. Viron Transportation Co., Inc., the Court held that,

 "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." 


G.R. No. 166471  March 22, 2011

TAWANG MULTI-PURPOSE COOPERATIVE vs. LA TRINIDAD WATER DISTRICT

👨‍⚖️ CARPIO, J.

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