7/21/2019 Decs vs. San diego

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G.R. No. 89572 December 21, 1989

DECS vs. San Diego

FACTS

Respondent Rey S. San Diego is a graduate of University of East with Bachelor

Degree of Science and Zoology. He took his N!t " National edical !d#ission $est%

thrice &ut he failed. !t that instance' respondent applied again e(a#ination in N!t

&ut his application was re)ected &y the petitioner on the &asis that *! student shall

&e allowed only + chances to take N!t. !fter + successful failure' student shall not

take the N!t for the fourth ti#e, or the so called *$hree -unk rule,. He then led

petition Regional $rial /ourt of 0alen1uela' etro anila to co#pel his ad#ission to

take the test. 2ndeed' respondent invoke his constitutional rights to acade#ic

freedo# and 3uality of education.

!SS"E

4hether or not N!$ *three5-unked5rule, order is valid and constitutional.

#E$D

 6es. $he three5-unked5rule is intended to insulate the #edical schools ulti#ately the#edical profession fro# the intrusion of those not 3ualied to &e doctors. 2t is theright and responsi&ility of the State to insure that #edical profession is notinltrated &y inco#petents to who# patients #ay unwarily entrust their lives and

health. $he right to 3uality of education invoked &y the respondent is not a&solute. $he /onstitution provides that *every citi1ens has the right to choose a professionor course of study' su&)ect to fair' reasona&le and e3uita&le ad#ission andacade#ic re3uire#ents. $he petition is granted and decision to respondent isreversed.