A LAW professor questioned the decision of the Commission on Higher Education banning the implementation of full distance learning, saying it is unconstitutional.

Far Eastern University Institute of Law Dean Mel Sta. Maria said schools have the right to determine their best practices to teach students as ruled by the Supreme Court in the case of Camacho vs. Coresis in 2002.

“Does this violate the constitutional provision on ACADEMIC FREEDOM? This is tension between Police Power and Academic Freedom. What’s your take? I think it is unconstitutional,” he said.

Last week, CHED released Memorandum Order No. 16 series of 2022 stating that no full distance learning will be offered by the universities starting the 2nd semester of Academic Year 2022-2023.

The commission said that 50 percent of learning will be spent on-site or 27 hours of 54 contact hours for a three unit course.

“IF a college or graduate school believes, with a reason, that online classes is the best mode of conducting classes, GOVERNMENT CANNOT interfere in such determination UNLESS a detectable, concrete danger to the public welfare is imminent. I do not see any danger to public welfare of online classes,” Sta. Maria said.