Tablarin vs Gutierrez

G.R. No. 78164

July 31, 1987

FACTS

Republic Act 2382 known as the “Medical Act of 1959”, was enacted for the purpose of standardization
and regulation of medical education. It created the Board of Medical Education to promulgate the necessary
rules and regulations for the proper implementation requirements into medical school. Ministry of Education
Culture and Sports (MECS), a member of the board established NMAT, an aptitude test, as an additional
requirement into medical school.

The Center for Educational Measurement, one of the respondents, conducted NMAT for SY 1986-1987.

Petitioners sought admission into colleges or schools of medicine for the next school year 1987-1988.
However, the petitioners either did not take or did not successfully take the National Medical Admission Test
(NMAT).

Petitioners filed with the Regional Trial Court a Petition for Declaratory Judgment and Prohibition with a
prayer for Temporary Restraining Order and Preliminary Injunction, contending that there was undue
delegation in enacting RA 2382 because it failed to establish the necessary standard to be followed by the
delegate.

The trial court denied the petition. Petitioner prayed with the Supreme Court for reversal.

ISSUE

Whether or not there was undue delegation of power of the legislative department to the Board of
Medical Education.

RULING

The Supreme Court dismissed the petitioner’s petition and finds that there was no undue delegation of
legislative power when it delegated the Board of Medical Education for the determination of requirements for
admission into a recognized college of medicine.

There was an implied standard which shall be followed by the delegate, which is Sec 5(a) and Sec 7
and the body of the statute itself. And these considered together are sufficient compliance with the
requirements of the non-delegation principle.

Petition is dismissed.