R.A. 7722: AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Republic of the Philippines
Congress of the Philippines
Metro Manila


Second Regular Session

[ REPUBLIC ACT NO. - 7722 - ]

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES


Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Title. - This act shall be known as the "Higher Education Act of 1994".

SEC. 2 Declaration of Policy. - 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. The State shall likewise ensure and protect academic freedom and shall promote its exercise and observance for the continuing intellectual growth, the advancement of learning and research, the development of responsible and effective leadership, the education of high-level and middle-level professionals, and the enrichment of our historical and cultural heritage.

State-supported institutions of higher learning shall gear their programs to national, regional or local development plans. Finally, all institutions of higher learning shall exemplify through their physical and natural surroundings the dignity and beauty of, as well as their pride in, the intellectual and scholarly life.

SEC. 3. Creation of the Commission on Higher Education. - In pursuance of the abovementioned policies, the Commission on Higher Education is hereby created, hereinafter referred to as the Commission.
The Commission shall be independent and separate from the Department of Education, Culture and Sports (DECS), and attached to the Office of the President for administrative purposes only. Its coverage shall be both public and private institutions of higher education as well as degree-granting programs in all post-secondary educational institutions, public and private.

SEC. 4. Composition of the Commission. - The Commission shall be composed of five (5) full-time members. During the transition period, which begins upon approval of this Act, the president may appoint the Secretary of Education, Culture and Sports as ex-officio chairman of the Commission for a maximum period of one (1) year. Thereafter, the President shall appoint a Chairman of the Commission and four (4) commissioners, who shall be holders of earned doctorate(s), who have been actively engaged in higher education for at least ten (10) years, and must not have been candidates for elective positions in the elections immediately preceding heir appointment. They shall be academicians known for their high degree of professionalism and integrity who have distinguished themselves as authorities in their chosen fields of learning. The members of the Commission shall belong to different academic specialization.

In no case shall any and all of the Commissioners appoint representatives to act on their behalf.

SEC. 5. Term of Office. - The President shall appoint the full-time chairman and the commissioners for a term of four (4) years, without prejudice to one reappointment. The terms of the initial appointees shall be on staggered basis: the full-time chairman shall hold office for a term of four (4) years, the next two (2) commissioners for three (3) years, and the last two (2) commissioners for two (2) years.

The commission shall hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his term, his successor shall be appointed by the President of the Philippines but only for the unexpired portion of the term.

SEC. 6. Rank and Emoluments. = The chairman and the commissioners shall have the rank of a Department Secretary and Undersecretary, respectively. They shall receive the compensation and other emoluments corresponding to those of a Department Secretary and Undersecretary, respectively, and shall be subject to the same disqualification.

SEC. 7. Board of Advisers. - There shall be constituted a Board of Advisers which shall meet with the Commission at least once a year to assist 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.

The Board of Advisers shall be composed of the following:

a) the Secretary of Education, Culture and Sports, as chairman;

b) the Director-General of the National Economic and Development Authority, as co-chairman;

c) the Secretary of Science and Technology;

d) the Secretary of Trade and Industry;

e) the Secretary of Labor and Employment;

f) the President of the Federation of Accrediting Association of the Philippines (FAAP); and

g) the President of the Fund for Assistance to Private Education (FAPE).

The President upon recommendation of the Commission may appoint two (2) additional members of the Board of Advisers.

SEC. 8. Powers and Functions of the Commission. - The Commission shall have the following powers and functions:

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: 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 agro-industrialization 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 of 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 objective of this Act; and

o) perform such other functions as may be necessary for its effective operations and for the continued enhancement, growth or development of higher education.

SEC. 9. The Secretariat. The Commission shall organize a secretariat, which shall be headed by an executive officer, subject to the national compensation and position classification plan. It shall fix the secretariat's staffing pattern, determine the duties, qualifications, responsibilities and functions, as well as the compensation scheme for the positions to be created upon the recommendation of the executive officer. It shall also prepare and approve its budget.

SEC. 10. The Higher Education Development Fund. - A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher education in the entire country.

a) The Government's contribution to the fund shall be the following:

1) the amount of five hundred million pesos (P500,000,000) as seed capital;

2) the amount of fifty million pesos (P50,000,000) for the initial operation of
the Commission;

3) the equivalent of forty percent (40%) annual share on the total gross
collections of the travel tax;

4) the equivalent of thirty percent (30%) share of the collections from the
Professional Registration Fee; and

5) the equivalent of one percent (1%) of the gross sales of the lotto operation
of the Philippine Charity Sweepstakes Office (PCSO).

b) Starting Fiscal Year 1995 and every year thereafter, government financing
Institutions identified and requested by the Commission may contribute to the Fund an amount equivalent to not less than three percent (3%) but not more than five (5%) percent of their unimpaired surplus realized during the immediately preceding year.

c) 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.

SEC. 11. Management and Administration of the Higher Education Development fund. - The Fund shall be administered by the Commission. For sound and judicious management of the Fund, the Commission shall appoint a reputable government financial institution as portfolio manager of the Fund, subject to the following conditions:

As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use, subject to the following conditions:

a) No part of the seed capital of the Fund, including earnings thereof, shall be used to underwrite overhead expenses for administration;

b) Unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used for administrative expenses;

c) The Commission shall appoint and organize a separate staff, independent
Administratively and budgetarily separate from the Commission Secretariat; and

d) The Fund shall be utilized equitably according to regions and programs.



SEC. 12. The Technical Panels. - The Commission shall reconstitute and/or
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.

SEC. 13. Guarantee of Academic Freedom. - Nothing in this Act shall be construed as limiting the academic freedom of universities and colleges. In particular, no abridgment of curricular freedom of the individual educational institutions by the Commission shall be made except for; (a) minimum unit requirements for specific academic programs, (b) general education distribution requirements as may be determined by the Commission; and (c) 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.

SEC. 14. Accreditation. - The Commission shall provide incentives to institutions of higher learning, public and private, whose programs are accredited or whose needs are for accreditation purposes.

SEC. 15. Tax Exemptions. - 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.

SEC. 16. Authority. The Commission shall exercise such authority as may be deemed necessary within its premises. Or areas of operation to effectively carry out its powers and functions to attain its objectives: Provided, That the Commission may seek the assistance of other government agencies for the proper implementation of this Act.

SEC. 17. Appropriation. The amount of five hundred million pesos is hereby authorized to be appropriated for the seed capital of the fund. The additional amount of 50, 000,000 pesos is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the Commission.

The sum equivalent to the appropriations for the current year for the Bureau of Higher Education and the degree-granting-programs of the Bureau of Technical Vocational Education, including those for higher and tertiary education and degree-granting vocational and technical programs of the Bureau of Technical-Vocational Education in the regional offices, as well as parts of the Budgetary items under the DECS budget that are concerned 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.

Thereafter, the funds necessary shall be included in the General Appropriations Act.

SEC. 18. Transitory Provisions. 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 Education, Culture and Sports, and other government entities having functions similar to those of the Commission are hereby transferred to the Commission.

The Commission shall have the authority to appoint its own personnel.

All regular and permanent employees transferred to the Commission shall not suffer any loss of seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher Education not otherwise transferred to the Commission shall be reassigned by the DECS in any of its offices and bureau: Provided, however, That, any employee who cannot be accommodated shall be given all the benefits as may be provided under existing laws, rules and regulations.

Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree granting vocational and technical programs and tertiary institutions shall be transferred to the Commission.

A transitory body is hereby created which shall be composed of the Secretary of Education, Culture and Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture. Chair of the House Committee on Education and Culture, 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.

The transitory body shall facilitate the complete and full operation of the Commission, which shall not be later than three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules and regulations necessary to effectively implement the smooth and orderly transfer to the Commission.

SEC. 19. Repealing Clause. All laws, presidential decrees, executive orders, rules and regulations and parts thereof which are inconsistent with the provisions of this Act are hereby repealed.

SEC. 20. Separability Clause. If any part or provision of this Act shall be held unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 21. Effectivity. - This Act shall take effect upon its approval.

Approved,


(SGD.) JOSE DE VENECIA, JR. (SGD.) EDGARDO J. ANGARA
Speaker of the House President of the Senate
of Representatives


This Act, which is a consolidation of Senate Bill No. 1453 and House Bill No. 12200, was finally passed by the Senate and the House of Representatives on may 4, 1994 and May 17, 1994, respectively.

(SGD.) CAMILO L. SABIO (SGD.) EDGARDO E. TUMANGAN Secretary General Secretary of the Senate

House of Representatives

Approved: 18 May 1994
(SGD.) Fidel V. Ramos
President of the Philippines

You Have To Figure This Out

"Friendship is delicate as a glass, once broken it can be fixed but there will always be cracks"

In this contemporary times, we can't just give our total trust to anyone else. Sometimes our very best friend would betray us because of other more important reasons. Reasons more important than friendship. Yes! friendship maybe just their second priority in life. But this blog isn't just about friendship but trust and doubt as well ( and some critics!). It's been a year and a month since i first met my schoolfellahs. At the beginning, people were just very friendly. Others were careful in their words and actions so that people may think that their decent( though their just pretending). I can still remember those fresh and innocent looks. Months passed, True colors starts to kickoff. If I were to distinguish their personality before and now, it's very obvious that they've changed a lot. But their are also few people who stayed as who they were when we first met. Moreover, I learned different secrets and different experiences. If I will rate my knowledge on my classmates' deepest darkest secrets.. i'll give myself nine. I can't say that all my classmates are eccentric people. Maybe in academic matters but when it's you mingle with them they're just the best pals your looking for. They had the loudest shouts and laughters when you share your jokes. On the other hand, our class is also split up by different bludgeons. Though other sections delineate our section as a unified section, we are also divided into groups/gatherings. There are those people whose favorite spot is the LIBRARY... so let us just call them the geeky budz. There is also a group whose spare-time activity (or Falco subbuteo) is boy watching or they're wasting the most of their time staring good-looking guys and I call them...the hussy lasses. There is also a group of distaff people which comprises a flake, a quietus, a friendly, and a favorable. Clue: their leader is the flake one. There is also a group of jeune fille who are very dumb that because of the silence of the members of these group, some of our classmates would think that they didn't exist ( just joking!). Actually, this group's members are mostly by nature silent-type people. I call this group as the Strange Mystics. This last group actually formed because they go home together everyday. This time this group is made up of different personalities. One thing in common is that they all love boys. And as if their world won't revolve without the boys. They called themselves the 13cnians( a chafe to my ears). Above all, this section had been a good section because if they weren't good, this section would have long been fall apart.

"And the days went by like paper in the wind. Everything changed, then changed again. It's hard to find a friend. It's hard to find a friend."

I say, " SO WHAT?!"

In the human world, every single individual has his/ her own principle. Whether it's atrocious or exceptional, each person depend on these criterions almost all the time on almost all their actions. But when there is a need for cooperation and uniformity, should they still have to follow these principles? People won't flaunt their negative auras if they are not forced to. Usually they are forced to outpour their antagonistic semblance because of embarassment or humiliation. And sometimes they become deceitful to cover up the feeling of being offended. (Reason? shame, i think!). Moreover, the interfusion of these different personas could engender war and in the minds of the optimist, good outcome could be if there is homogeneousness.
In my case, i believe that skull sessions is no different from practice sessions. Suggestions are very ok. But we should think also if these proffers could help in the group. And also sharing jokes is good but it becomes bad if you share it in the wrong place and time. This is why I made this blog. Because this is the only way I know how to express my anger to those people who don't want to cooperate in all our ground demonstration practices. Those people who are very sensitive. One scold will really affect them ( they then over react, so old fashion!) Including few members of the other group especially their choreo. I hate it when people made some back-fence talk about the way i teach them the routines. It's good if it's all positive but I think they are overreacting because of jealousy. I can really feel that he is really unconfy with all the routine i taught to my schoolfellahs. Because our group is better than theirs. I'll just let them do their stuff. It's not my lost! After all, I am a better dancer than them. SO WHAT!
There are also people that are grandiloquent though they're very conspicuous that they're just hiding their true feelings. They're the ones who treat you or even praise the way you do things like they really appreciate all your efforts ( so plastic). I maybe dull but I'm not stupid to see that they only cock-a-doodle-doo. And if there's one person who knows how to distinguish if my actions is right or wrong, there's no other but myself. All I can say, I am just doing my job. Beyond that, I don't care. The end.