G.R. No. 180046 - Review Center Association of the Philippines vs. Ermita

Nursing Board Examination Leakage
On 11–12 June 2006, the Professional Regulation Commission (PRC) conducted the Nursing Board Exams. Handwritten copies of two sets of questions (Tests III and V) leaked at R.A. Gapuz and Inress Review Centers and were traced to two Board of Nursing members.
On 19 June 2006, the PRC released results. On 18 August 2006, the Court of Appeals (CA) issued a TRO restraining the PRC from the scheduled 22 August oath-taking. President Arroyo replaced the Board members and ordered a retake.

Issuance of EO 566 and CHED Regulations
On 8 September 2006, President Arroyo issued Executive Order No. 566 (EO 566) directing the Commission on Higher Education (CHED) to regulate review centers and similar entities, requiring CHED endorsement and permits.
On 3 November 2006, CHED adopted Implementing Rules (CMO 49, s. 2006). On 7 May 2007, CHED promulgated Revised IRR (CMO 30, s. 2007) imposing a one-year grace period for existing independent centers to tie-up with HEIs or convert into schools. CHED extended compliance deadlines via CMO 21, s. 2008.

Judicial Proceedings before the Supreme Court
On 26 October 2007, the Review Center Association of the Philippines filed a petition for prohibition and mandamus seeking to annul EO 566 and the RIRR. CPA Review School, PRTC, ReSA, CRC-ACE, and PIMSAT intervened.
On 25 November 2008, the Court required maintenance of status quo prior to EO 566, the RIRR, and CMO 21, s. 2008.

Whether EO 566 is an unconstitutional exercise of legislative power by expanding CHED’s jurisdiction beyond what Republic Act 7722 (RA 7722) authorizes.
Whether CHED Memorandum Order No. 30, series of 2007 (RIRR) is an invalid exercise of executive rule-making power.