Court issues TRO against Ched
The court issued a 20-day temporary restraining order (TRO) last Wednesday against the Commission on Higher Education (Ched) which refused to recognize the Mandaue City College (MCC) faction led by Dr. Paulus Cañete.
With the TRO, education graduates of MCC can apply for the Licensure Examination for Teachers on Sept. 30, 2012.
Post-graduates of the MCC faction should also be recognized by the Department of Education.
Lawyer Alfredo Sipalay, counsel of the MCC faction, said the court scheduled a hearing on June 18 to determine whether or not a Writ of Preliminary Injunction shall be issued.
If the writ is issued, MCC graduates shall be recognized by Ched while the main case is being heard.
Cañete’s MCC faction located in barangay Tipolo, Mandaue City is not recognized by the Mandaue City government.
Mayor Jonas Cortes appointed Dr. Susan Cabahug to operate the MCC faction recognized by the city government located at the back of the Mandaue City sports center.
Last June 1, the MCC filed a case before the Regional Trial Court in Quezon City, seeking to nullify the closure order and the notice to the public earlier issued by CHED against Cañete’s MCC faction.
CHED claimed that Cañete’s MCC faction is operating illegally—an accusation the school denied.
A Notice to the Public dated July 4, 2011 was issued by CHED and was published in a national newspaper.
The notice reiterated the Mandaue City College faction’s defiance of CHED’s closure order dated Dec. 3, 2010.
MCC claimed that due to the notice, their post-graduate students and graduates were denied recognition by DepEd.
The graduates were also not allowed to take the licensure examinations in Sept. 2011 before the Professional Regulation Commission.
In his ruling, Regional Trial Court (RTC) Judge Eleuterio Bathan of Branch 92 said Ched failed to send representatives to attend the summary hearing on the case despite being served notices on the date of the court proceeding. Reporter Ador Vincent Mayol
