An Act Creating the Commission on Higher Education, Appropriating Funds and for Other Purposes Prepared by: JANVIE A. ALEGARBES FRITZIE G. RUAYA

 The Commission of Higher Education (CHED) was created on May 18, 1994 through the passage of Republic Act No. 7722, or the Higher Education Act of The CHED has been designed to act as a collegial body in formulating plans, policies and strategies relating to higher education and the operation of CHED

 The seriousness of the present educational system as pointed out by EDCOM Report was translated into the enactment of RA 7722; creating the CHED (Commission on Higher Education), in 1995, to supervise the tertiary degree programs. This change was hopefully could turn out excellent and globally competitive graduates who can help improve the quality of life to the people via skills training, technology transfer and innovative research.

 Known as the Higher Education Act of 1994, is a law that created the Commission on Higher Education (CHED), appropriating funds therefor and for other purposes. It provides for the composition of the Commission and establishes the Higher Education Department Fund to strengthen the Higher education in the Philippines.

 Article XIV of the Constitution of the Philippines especially under Sec. 1 states that: “ The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all” This means that every citizen whether at Level 1,2 or 3 shall be entitled to quality education and that the government should take actions to ensure that this right from the constitution that is granted to the citizen and that quality education will be provided and accessible to all (Dizon, 1996)

 Garcia (1982) mentioned that, as a commission created to govern the higher education, it follows the mission of “gearing higher education towards the pursuit of better quality of life for all Filipinos by emphasizing the acquisition of knowledge and formation of those skills necessary to make individual a productive member of society.”

 The creation of CHED was part of broad agenda of reforms on the country’s education system outlined by the Congressional Commission of Education (EDCOM) in  Part of this reform was the trifocalization of the education sector into 3 governing bodies: 1. CHED for tertiary and graduate education 2. Department of Educ. (DepEd) for basic education 3. Tech. Educ. & Skills Development (TESDA) for technical-vocational and middle-level education. (

 “ Higher Education Act of 1994 “

 “ The state shall protect, foster and promote the right of citizens to affordable quality education at all levels and shall take appropriate steps to ensure that education shall be accessible to all”

 “ The commission shall be independent and separate from the DECS and attached to the Office of the President for administrative purposes only.”

Ex officio chairman of the Commission (DepED Sec) One Year period appointed by President Chairman of the Commission Commissioner 1 Commissioner 2 Commissioner 3 Commissioner 4

 Composed of 5 fulltime members: 1 chairman 4 Commissioners Qualifications: 1. Holders of earned Doctorate 2. Engaged in Higher Education for at least 10 years 3. Not candidate in the election 4. Higher degree of professionalism

Ex officio chairman of the Commission (DepEd Sec) One year period appointed by President Chairman of the Commission (4 years) Commissioner 1 (3 years) Commisssioner 2 (3 years) Commissioner 3 (2years) Commissioner 4 (2 years)

 Chairman: term of 4 years, without prejudice to one reappointment  Commissioners: next 2 – for 3 years last 2 – for 2 years

 Ranks Chairman: Department of Secretary Commissioners: Undersecretary  Emoluments: shall receive compensation corresponding to their positions

 Should meet with the Commission at least once a year  Composition: 1. Secretary of Educ., Culture and Sports as Chairman 2. Director-General of the NEDA as Co-chairman 3. Secretary of Science and Technology 4. Secretary of Trade and Industry 5. Secretary of Labor and Employment 6. President of FAAP 7. President of FAPE

1. Formulate and recommend dev’t plans, policies, priorities and programs on higher educ and research 2. Formulate and recommend dev’t plans, policies, priorities and programs on research 3. Recommend to the executive and legislative branches the priorities and grants 4. Set minimum standards for programs and institutions 5. Monitor and evaluate the programs and institutions 6. Identify, support and develop potential centers of excellence in program areas 7. Recommend to the Dept. of Budget and Mngt the budgets of public institution

8. Rationalize programs and institutions 9. Develop criteria for allocating additional resources 10. Direct or redirect purposive research by institutions to meet the needs 11. Devise and implement resource dev’t schemes 12. Administer the Higher Educ Dev’t Fund 13. Review the charters of institutions 14. Promulgate rules and regulations 15. Perform necessary functions for effective operations

 Headed by an executive officer, subject to National compensation and position classification plan  Determine the duties, responsibilities and functions

 Established to strengthen the higher education 1. Government’s contribution to the fund: -seed capital = 500 million PHP - initial operation = 50 million php - 40% annual share on total gross collections of the travel tax - 30% share from Professional Gross Fee - 1% of gross sales of PCSO % contributions form financing institutions 3. Private portion for donates, gifts and conveyances

 Must be administered by the commission  Shall appoint a reputable gov’t to administer funds  Guidelines: 1. No part of capital shall be used for overhead expenses for admin. 2. Earnings for private contributions shall be used for administrative expenses 3. Commission shall appoint and organize separate staff 4. Shall be utilize equitably to regions and programs

 Assist the commission in setting standards and program monitoring and evaluation  Composed of senior specialists

 Exemptions for the abridgement of the curricular freedom of educational institutions: 1. Minimum unit requirements for that program 2. General education distribution requirements 3. Specific professional subjects maybe stipulated by the various licensing entities

 Commission shall provide incentives to institutions of higher learning, public and private whose needs are for accreditation purposes

 Any donation, contribution, bequest and grant maybe made shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor’s tax

 Exercise authority necessary with its areas of operation to attain its objectives

 500 million php is authorized to be appropriated for the seed capital of the fund  Additional 50 million php shall be put to National Treasury or initial operation of PAGCOR  Included in General Appropriations Act

 All government entities having functions to those of the commission are transferred to the commission  The commission shall have the authority to appoint its own personnel  All regular and permanent employees shall not suffer any loss of rank or emoluments

 All laws, executive orders, rules and regulations that are inconsistent must be cancelled

 Any provision that are held unconstitutional or invalid, other provisions are not affected and shall continue to enact

 This act shall take effect upon its approval

 Based on the comprehensive report, it is concluded that to be sure that students will be ready for higher education: 1. CHED technical panel shall continue to accredit schools and upgrade its curriculum as well 2. Academic goals should be of great standards and should not be influenced by political or social agendas 3. CHED in collaboration with PRC should strengthen the legislation and/ or directives for teachers to be LET passers before they can teach (private & public) 4. Adequate resources should be allocated by the Government on the provision of providing quality education

Bernas, Joaquin. Constitutional Rights & Social Demands. Manila, Rex Bookstore. (1996) Dizon, Amado. Laws and Education. Manila, Rex Bookstore. (1992) Garcia, Alta, Ed. The Shape of Legal Aspects of Education in the Philippines Today. Manila, UST. (1982) Gregorio, Hernan and Gregorio, Cornelia, Philosophy of Education in Philippine Setting. Garotech Publishing, Quezon City (2001) Bilbao, Purita P. The Teaching Profession. Quezon City, Metro Manila: Lorimar Publishing (2006)

  edb/publications-stat/major- reports/consultancy-reports/edu- commission-report-7/ch8.htm edb/publications-stat/major- reports/consultancy-reports/edu- commission-report-7/ch8.htm  n_Higher_Education_(Philippines) n_Higher_Education_(Philippines)