RA 7722 Flashcards
- Higher Education Act of 1994
RA 7722
Higher Education Act of 1994
Approved on?
May 18, 1994
Why there is separation of CHED from DepEd?
EFFICIENCY AND FUNCTIONALITY
- **Para hindi sasaluhin lahat ng DepEd
- “The State shall protect, foster, and promote the right of
all citizens to affordable quality education at all levels
and shall take appropriate steps to ensure that education
shall be accessible to all.” - State shall promote everyone’s access to quality
education
**Like the Universal Healthcare Law = dapat lahat
SECTION 2: DECLARATION OF POLICY
- Independent and separate from the Department of
Education, Culture, and Sports (DECS) - Attached to the Office of the President
- Coverage
SECTION 3: CREATION OF CHED
o Hindi pa siya DepEd dati
o Dinevolve siya
o All concerns for Higher Educatiion CHED
- Independent and separate from the Department of
Education, Culture, and Sports (DECS)
SECTION 3: CREATION OF CHED
o Both public and private institutions of higher
education
o Degree-granting programs in all post-secondary
educational institutions
Public and private
- Coverage
- 5 full time members
- At the transition period
- (After 1 yr) After the President shall appoint:
**Chairman and 4 commissioners: 5 full-time members
**Qualification:
SECTION 4: COMPOSITION
SECTION 4: COMPOSITION
- At the transition period:
o President appoints Secretary of DECS as ex
officio (1 year) siya muna for 1 year
Hindi binibigla
Adjustment period
SECTION 4: COMPOSITION
(After 1 yr) After the President shall appoint:
o Chairman
o 4 Commissioners
**Both should be Academicians
o Known for their high degree of professionalism
and integrity who have distinguished
themselves as authorities in their chosen fields
of learning
- “Dalubhasa”/Experts
**Chairman and 4 commissioners: 5 full-time members
SECTION 4: COMPOSITION
o Doctorate (PhD)
o Engaged in HE for at least 10 years
HE: Higher Education
o Not a candidate for elective positions
Hindi pwede kumandidato
**Qualification:
- Chairman and commissioner: 4 years
- Initial appointees: 1
st set of officers - Fail to complete term: successor is appointed by the
President but shall only fill the unexpired term
SECTION 5: TERM OF OFFICE
o After initial appointees
SECTION 5: TERM OF OFFICE
Chairman and commissioner: 4 years
SECTION 5: TERM OF OFFICE
- Initial appointees: 1
st set of officers
o Chairman: 4 years
o 2 commissioners: 3 years
o 2 commissioners: 2 years
SECTION 5: TERM OF OFFICE
- Fail to complete term
o Example. Namatay yung commissioner na
papalitan, 1 yr pa lang siya
o Will serve for 2 more years if commissioner
shall serve for 3 years
- Fail to complete term
- successor is appointed by the
President but shall only fill the unexpired term
- Secretary of DECS = Chairman and Commissioner of
CHED
o Same compensation, emoluments, and
disqualification grounds - If commissioner/chairman ka, same kayo ng
compensation chuchu ng Secretary of DECS
SECTION 6: RANK AND EMOLUMENTS
**Help out Commission regarding policy creation or plans
- - Board of Advisers and the Commission shall meet at
least ONCE a year
- - The Board shall assist the Commission it in aligning
its policies and plans with the cultural, political and
socioeconomic development needs of the nation and
with the demands of world-class scholarship
- Composition of Board of Advisers:
- 2 additional members of the Board of Advisers may
be appointed by the President upon recommendation of the Commission
SECTION 7: BOARD OF ADVISERS
o Secretary of DECS: Chairman
o Director-General of NEDA: Co-chairman
o Secretary of DOST
o Secretary of DTI
o Secretary of DOLE
o President of FAAP
o President of FAPE
Composition of Board of Advisers
NEDA
National Economic and Development Authority
DECS
Dept. of Education, Culture, and Sports
DOST
Dept. of Science and Technology
DTI
Dept. of Trade and Industry
DOLE
: Dept. of Labor and Employment
FAAP
Federation of Accrediting Associations of the Philippines
FAPE
Fund for Assistance to Private Education
a. Formulate and recommend development plans, policies,
priorities, and programs on higher education and
research
b. Formulate and recommend development plans, policies,
priorities, and programs on research
c. Recommend to the executive and legislative branches,
priorities and grants on higher education and research
d. Set minimum standards for programs and institutions of
higher learning recommended by panels of experts in the
field and subject to public hearing, and enforce the same
e. Monitor and evaluate the performance of programs and
institutions of higher learning for appropriate incentives
as well as the imposition of sanctions, such as, but not
limited to, diminution or withdrawal of subsidy,
recommendation on the downgrading or withdrawal of
accreditation, program termination or school closure
f. Identify, support, and develop potential centers of
excellence in program areas needed for the
development of world-class scholarship, nation building
and national development
g. Recommend to the Department of Budget and
Management the budgets of public institutions of higher
learning as well as general guidelines for the use of their
income
h. Rationalize programs and institutions of higher learning
and set standards, policies and guidelines for the
creation of new ones as well as the conversion or
elevation of schools to institutions of higher learning,
subject to budgetary limitations and the number of
institutions of higher learning in the province or region
where creation conversion, or elevation is sought to be
made
i. Develop criteria for allocating additional resources such
as research and program development grants,
scholarships, and other similar programs:
o Provided that these shall not detract from the
fiscal autonomy already enjoyed by colleges and universities
j. Direct or redirect purposive research by institutions of
higher learning to meet the needs of agroindustrialization and development
k. Devise and implement resource development schemes
l. Administer the Higher Education Development Fund, as
described in Section 10 hereunder, which will promote
the purposes of higher education
m. Review the charters of institutions of higher learning and state universities and colleges including the chairmanship and membership of their governing bodies
and recommend appropriate measures as basis for
necessary action
n. Promulgate such rules and regulations and exercise
such other powers and functions as may be necessary to
carry out effectively the purpose and objectives of this
Act
o. Perform such other functions as may be necessary for its
effective operations and for the continued enhancement,
growth or development of higher education
SECTION 8: POWERS AND FUNCTION
- Secretariat: Headed by an executive officer
o Executive officer - CHED responsibilities in Secretariat:
SECTION 9: THE SECRETARIAT
o Fix the secretariat’s staffing pattern
Dapat may ibang tao rin na tutulong
Hindi lang head yung tao
o Determine the duties, qualification,
responsibilities and functions, as well as the
compensation scheme for the positions to be
created upon the recommendation of the
executive officer
Executive officer will recommend
position creations
CHED will specify duties,
responsibilities, and functions
o Prepare and approve its budget
o Appoint the members of the staff upon the
recommendation of the executive officer
CHED responsibilities in Secretariat
- Government contribution: (year 1994)
- Fiscal year 1995
SECTION 10: FUND
o P500 M seed capital
o P50 M initial operation
o 40% annual share on total gross collections on
travel tax
Nakapercentage kasi hindi
nadedetermine yung presyo sa future
o 30% share of collections from Professional
Registration Fee
Pag pumasa sa board exam,
kinocollect yan sa atin
o 1% gross sales of the lotto of PCSO
Government contribution: (year 1994)
o Government financing institutions identified and
requested by the Commission may contribute to
the Fund an amount equivalent to not less than 3% but not more than 5% of their unimpaired
surplus realized during the immediately preceding year
Pwede magdagdag sa Fund if
nagrequest yung CHED
Not less than 3% but not more than
5%
- The Fund shall have a private portion to be raised from
donations, gifts, and other conveyances including
materials, equipment, properties, and services by
gratuitous title
o Hindi galing sa government
**Hindi gagalaw ang CHED if walang budget
Fiscal year 1995
**Management and administration of the fund
- Portfolio manager
- As administrator of the Fund, the Commission shall
prepare the necessary guidelines for its use, subject
to the following conditions:
SECTION 11: MANAGEMENT AND ADMINISTRATION
o No part of the seed capital of the Fund, including earnings thereof, shall be used to
underwrite overhead expenses for administration
o Unless otherwise stipulated by the private donor, only earnings of private contributions shall be used for administrative expenses
o The Commission shall appoint and organize a separate staff, independent administratively and budgetarily separate from the Commission
Secretariat
o The Fund shall be utilized equitably according
to regions and programs
- As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use, subject to the following conditions:
o No part of the seed capital of the Fund, including earnings thereof, shall be used to
underwrite overhead expenses for administration
Hindi pwedeng baguhin yung usual expenses ng CHED
The Commission shall appoint and organize a separate staff, independent administratively and budgetarily separate from the Commission Secretariat
May separate staff for budgeting
Separate from Secretariat
o The Fund shall be utilized equitably according
to regions and programs
Hindi lang sa Metro Mania may
universities and colleges
- Organize technical panels for different disciplines/program areas
- They shall assist the Commission in setting
standards and in program and institution monitoring
and evaluation - The technical panels shall be composed of senior
specialists or academicians to be appointed by the
Commission
SECTION 12: THE TECHNICAL PANEL
- Organize technical panels for different disciplines/program areas
o If walang commissioner na MT, there will be a technical panel for MTs
They shall assist the Commission in setting standards and in program and institution monitoring and evaluation
o If walang idea yung Chairman/Commissioners
sa field, they will consult the technical panel in
that specific field
- The technical panels shall be composed of senior
specialists or academicians to be appointed by the
Commission
o Experts in their fields
**With regards to the standards and policies
**You would be given academic freedom you would meet with the standards and policies set by CHED
Example: If gusto mo ilagay si art app sa ibang year level, okay
lang basta mattake siya along with the professional subjects
SECTION 13: GUARANTEE OF ACADEMIC FREEDOM
No abridgment of curricular freedom of the individual educational institutions by the
Commission shall be made except for:
o Minimum unit requirements for specific
academic programs
o General education distribution requirements as
may be determined by the Commission
o Specific professional subjects as may be
stipulated by the various licensing entities. No
academic or curricular restriction shall be made
upon private educational institutions which are
not required for chartered state colleges and
universities
- The Commission shall provide incentives to institutions
of higher learning, public and private, whose programs
are accredited or whose needs are for accreditation
purposes
o If gusto mo mag-offer ng other courses sa
university mo, you have to request sa CHED
and comply with their requirements
o Easy to comply with since sinasabi nila yung
guidelines nila
SECTION 14: ACCREDITATION
- Any donation, contribution, bequest, and grant which
may be made to the Commission shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor’s tax, subject to such conditions as provided under the
National Internal Revenue Code, as amended
o If nagdonate ka, mababasawan yung ibabawas sa income tax mo
o Encourages large businesses to donate
SECTION 15: TAX EXEMPTIONS
- Exercise such authority as may be deemed necessary
within its premises or areas of operation to effectively
carry out its powers and functions and to attain its
objectives
o Especially in higher learning
SECTION 16: AUTHORITY
- DECS budget that are concerned with higher and tertiary education and degree-granting vocational and technical
programs such as those for personal services, maintenance and other operating expenses and capital outlay, shall be transferred to the Commissiono DECS budget concerning with higher education
should be transferred to CHED
o Staff of DECS
SECTION 17: APPROPRIATION
If part ka ng DECS na naabolish na may kinalaman sa HE
You can be transferred sa
CHED
Or you can be reassigned
Should have same
emoluments/compensation
- Such personnel, properties, assets and liabilities, functions and responsibilities of the Bureau of Higher Education, including those for higher and tertiary education and degree-granting vocational and technical
programs in the regional offices, under the Department of Education, Culture and Sports, and other government entities having functions similar to those of the Commission are hereby transferred to the Commission
o Lahat ng pang-HE, sa CHED na
- The Commission shall have the authority to appoint its
own personnel - Transitory body: (3 months, except Sec. of DECS)
SECTION 18: TRANSITORY PROVISIONS
o Secretary of Education, Culture and Sports
(DECS) for at least 1 year (ex officio)
o Chair of the Senate Committee on Education,
Arts and Culture
o Chair of the House Committee on Education
and Culture
o A representative each of the Association of Christian Schools and Colleges (ACSC), the Catholic Educational Association of the
Philippines (CEAP), the Philippine Association of Colleges and Universities (PACU), the Philippine Association of Private Schools, Colleges and Universities (PAPSCU), the
Philippine Association of State Universities and Colleges
(PASUC), and the Philippine
Association of Private Technical Institutions (PAPTI)
Gives insights
Transitory body: (3 months, except Sec. of DECS)
