Facts:
Teresita Tablarin, Ma. Luz Ciriaco, Ma. Nimfa B. Rovira, and Evangelina S. Labao sought admission into colleges or schools of medicine for the school year 1987-1988. However, they either did not take or did not successfully take the National Medical Admission Test (NMAT) required by the Board of Medical Education and administered by the Center for Educational Measurement (CEM). On 5 March 1987, Tablarin, et. al., in behalf of applicants for admission into the Medical Colleges who have not taken up or successfully hurdled the NMAT, filed with the Regional Trial Court (RTC), National Capital Judicial Region, a Petition for Declaratory Judgment and Prohibition with a prayer for Temporary Restraining Order (TRO) and Preliminary Injunction, to enjoin the Secretary of Education, Culture and Sports, the Board of Medical Education and the Center for Educational Measurement from enforcing Section 5 (a) and (f) of Republic Act 2382, as amended, and MECS Order 52 (series of 1985), dated 23 August 1985 [which established a uniform admission test (NMAT) as an additional requirement for issuance of a certificate of eligibility for admission into medical schools of the Philippines, beginning with the school year 1986-1987] and from requiring the taking and passing of the NMAT as a condition for securing certificates of eligibility for admission, from proceeding with accepting applications for taking the NMAT and from administering the NMAT as scheduled on 26 April 1987 and in the future. After hearing on the petition for issuance of preliminary injunction, the trial court denied said petition on 20 April 1987. The NMAT was conducted and administered as previously scheduled. Tablarin, et. al. accordingly filed a Special Civil Action for Certiorari with the Supreme Court to set aside the Order of the RTC judge denying the petition for issuance of a writ of preliminary injunction.
Issue:
Whether NMAT requirement for admission to medical colleges contravenes the Constitutional guarantee for the accessibility of education to all, and whether such regulation is invalid and/or unconstitutional.
Held:
No. Republic Act 2382, as amended by Republic Acts 4224 and 5946, known as the “Medical Act of 1959″ defines its basic objectives to govern (a) the standardization and regulation of medical education; (b) the examination for registration of physicians; and (c) the supervision, control and regulation of the practice of medicine in the Philippines. The Statute created a Board of Medical Education and prescribed certain minimum requirements for applicants to medical schools.
The petitioners invoke a number of provisions of the 1987 Constitution which are, in their assertion, violated by the continued implementation of Section 5(a) and (f) of RA 238, as amended, and MECS Order No. 52 series 1985. One of the provision is Article 14, Section 1 which states “The State shall protect and promote the right of all citizens to quality education at all levels and take appropriate steps to make such education accessible to all.
The State is not really enjoined to take appropriate steps to make quality education “accessible to all who might for any number of reasons wish to enroll in a professional school but rather merely to make such education accessible to all who qualify under “fair, reasonable and equitable admission and academic requirements.”
Also, the legislative and administrative provisions impugned by the petitioners, to the mind of the Court, is a valid exercise of the Police Power of the State. The police power is the pervasive and non-waivable power and authority of the sovereign to secure and promote important interest and needs -- in other words, the public order -- of the general community. An important component of that public order is health and physical safety and well being of the population, the securing of which no one can deny is a legitimate objective of governmental effort and regulation.
The regulation of the practice of medicine in all its branches has long been recognized as a reasonable method of protecting the health and safety of the public. The power to regulate and control the practice of medicine includes the power to regulate admission to the ranks of those authorized to practice medicine. Legislation and administrative regulations requiring those who wish to practice medicine first to take and pass medical board examinations have long ago been recognized as valid exercises of governmental powers. Similarly, the establishment of minimum medical educational requirements for admission to the medical profession, has also been sustained as a legitimate exercise of the regulatory authority of the state.
Thus, prescribing the NMAT and requiring certain scores as a condition for admission to medical schools do not constitute unconstitutional imposition.
Wherefore, the petition is DISMISSED.
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