RA 7722 Flashcards by Merphy Papin

Higher Education Act of 1994

RA 7722

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Higher Education Act of 1994
Approved on?

May 18, 1994

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Why there is separation of CHED from DepEd?

EFFICIENCY AND FUNCTIONALITY
- **Para hindi sasaluhin lahat ng DepEd

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“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

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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

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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)

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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

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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

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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

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SECTION 4: COMPOSITION
(After 1 yr) After the President shall appoint:

o Chairman
o 4 Commissioners

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**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

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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:

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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

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o After initial appointees
SECTION 5: TERM OF OFFICE

Chairman and commissioner: 4 years

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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

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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

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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

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**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

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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

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NEDA

National Economic and Development Authority

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DECS

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Dept. of Education, Culture, and Sports

DOST

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Dept. of Science and Technology

DTI

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Dept. of Trade and Industry

DOLE

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: 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 Commission o 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)

RA 7722 Flashcards

(50 cards)