REPUBLIC ACT NO. 7722An Act Creating the Commission on

Higher Education, Appropriating Funds and for Other Purposes

Prepared by:JANVIE A. ALEGARBES

FRITZIE G. RUAYA

INTRODUCTION 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 1994. 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.

REPUBLIC ACT NO. 7722 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.”

DISCUSSION

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 1992.

Part of this reform was the trifocalization of the education sector into 3 governing bodies:

1. CHED for tertiary and graduate education2. Department of Educ. (DepEd) for basic

education3. Tech. Educ. & Skills Development (TESDA)

for technical-vocational and middle-level education. (http://www.ched.gov.ph)

SECTION 1 : TITLE “ Higher Education Act of 1994 “

SECTION 2: DECLARATION OF POLICY

“ 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”

SECTION 3: CREATION OF THE COMMISSION ON HIGHER EDUCATION

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

SEC 4: COMPOSITION OF THE COMMISSION

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

SECTION 4: COMPOSITION OF THE COMMISSION

Composed of 5 fulltime members:1 chairman4 Commissioners

Qualifications:1. Holders of earned Doctorate2. Engaged in Higher Education for at

least 10 years3. Not candidate in the election4. Higher degree of professionalism

SECTION 5 TERM OFFICEEx 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)

SECTION 5: TERM OFFICE Chairman: term of 4 years, without

prejudice to one reappointment Commissioners: next 2 – for 3 years

last 2 – for 2 years

SECTION 6: RANK AND EMOLUMENTS

RanksChairman: Department of

SecretaryCommissioners: Undersecretary

Emoluments: shall receive compensation corresponding to their positions

SECTION 7: BOARD OF ADVISERS

Should meet with the Commission at least once a year

Composition:1. Secretary of Educ., Culture and Sports as

Chairman2. Director-General of the NEDA as Co-

chairman3. Secretary of Science and Technology4. Secretary of Trade and Industry5. Secretary of Labor and Employment6. President of FAAP7. President of FAPE

SECTION 8: POWERS AND FUNCTION OF THE COMMISSION1. 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 institutions6. Identify, support and develop potential centers of

excellence in program areas7. Recommend to the Dept. of Budget and Mngt the

budgets of public institution

SECTION 8: POWERS AND FUNCTION OF THE COMMISSION

8. Rationalize programs and institutions9. Develop criteria for allocating additional

resources10. Direct or redirect purposive research by

institutions to meet the needs11. Devise and implement resource dev’t

schemes12. Administer the Higher Educ Dev’t Fund13. Review the charters of institutions14. Promulgate rules and regulations15. Perform necessary functions for effective

operations

SECTION 9: THE SECRETARIAT

Headed by an executive officer, subject to National compensation and position classification plan

Determine the duties, responsibilities and functions

SECTION 10: THE HIGHER EDUCATION DEPARTMENT FUND Established to strengthen the higher education1. 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

2. 3-5% contributions form financing institutions3. Private portion for donates, gifts and

conveyances

SECTION 11: MANAGEMENT AND ADMINISTRATION OF THE HIGHER EDUCATION

DEVELOPMENT FUND

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 expenses3. Commission shall appoint and organize separate

staff4. Shall be utilize equitably to regions and programs

SECTION 12: THE TECHNICAL PANELS

Assist the commission in setting standards and program monitoring and evaluation

Composed of senior specialists

SECTION 13: GUARANTEE OF ACADEMIC FREEDOM

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

SECTION 14: ACCREDITATION

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

SECTION 15: TAX EXEMPTIONS

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

SECTION 16: AUTHORITY Exercise authority necessary with its

areas of operation to attain its objectives

SECTION 17: APPROPRIATIONS

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

SECTION 18: TRANSITORY PROVISIONS

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

SECTION 19: REPEALING CLAUSE

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

SECTION 20: SEPARABILITY CLAUSE

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

SECTION 21: EFFECTIVITY This act shall take effect upon its

approval

CONCLUSION 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

REFERENCESBernas, 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)

INTERNET SOURCES http://www.ched.gov.ph http://www.edb.gov.hk/en/about-edb/pu

blications-stat/major-reports/consultancy-reports/edu-commission-report-7/ch8.htm

http://en.wikipedia.org/wiki/Commission_on_Higher_Education_(Philippines)