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DECS vs San Diego: NMAT Rule Upheld

Mr. San Diego failed the National Medical Admission Test (NMAT) three times but wanted to take it a fourth time. However, the Department of Education, Culture and Sports (DECS) rejected his application based on the three-flunk rule. San Diego sued in court arguing it violated his right to education. The court initially allowed him to take the test again but he failed. He then challenged the constitutionality of the rule. The higher court upheld the rule, finding it a reasonable method to limit admission to medical school only to competent candidates in order to protect public health and safety. The court recognized the government's power to regulate medical practice and licensing.

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49 views1 page

DECS vs San Diego: NMAT Rule Upheld

Mr. San Diego failed the National Medical Admission Test (NMAT) three times but wanted to take it a fourth time. However, the Department of Education, Culture and Sports (DECS) rejected his application based on the three-flunk rule. San Diego sued in court arguing it violated his right to education. The court initially allowed him to take the test again but he failed. He then challenged the constitutionality of the rule. The higher court upheld the rule, finding it a reasonable method to limit admission to medical school only to competent candidates in order to protect public health and safety. The court recognized the government's power to regulate medical practice and licensing.

Uploaded by

RRooc asweq
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Department of Education, Culture and Sports (DECS) vs San Diego

Mr. San Diego, a graduate of BS Zoology at the University of the East, wanted to be
admitted to medical school, flunked the National Medical Admission Test (NMAT)
three consecutive times. He still wanted to take it for the fourth time, however, DECS
rejected his application because it is against with the three-flunk rule as enshired in
the MECS Order No. 12, series of 1972. Afterwards, he went to the Regional Trial
Court of Valenzuela on mandamus. Fighting for his constitutional rights to academic
freedom and quality education. He was granted to take his fourth try on NMAT, sadly
he still failed. And he challenged the constitutionality of the said order, because he
was deprived of his right to pursue a medical education through an arbitrary exercise
of political power. The higher court cannot sustain the ruling and it must be
reversed.

Court San
Diego

Upheld the constitutionality of the NMAT as a measure intended to limit the admission to
medical schools only to those who have initially proved their competence and preparation for
a medical education

The regulation of the practice 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.

Power to regulate and control the practice of medicine includes the power to regulate admission to the
ranks of those authorized to practice medicine, is also well recognized.

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 exercise of government
power.

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