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REPUBLIC ACT No.7722
Transcript of REPUBLIC ACT No.7722
REPUBLIC ACT No.7722
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.
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, 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 their appointment.
Creation of the Commission on Higher Education. —
In pursuance of the abovementioned policies,
the Commission on Higher Education
is hereby created
herein after referred to as the Commission.
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.
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 a 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.
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 disqualifications.
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 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.
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.
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 and to attain its objectives: provided, that the Commission may seek the assistance of other government agencies for the proper implementation of this Act.
Appropriation. — The amount of Five hundred million pesos (P500,000,000) is hereby authorized to be appropriated for the seed capital of the Fund. The additional amount of Fifty million pesos (P50,000,000) 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.
Repealing Clause. — All laws, presidential decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions
of this Act are hereby repealed
or modified accordingly.
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.
This Act shall take
effect upon its
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
Per Section 8 of R.A. 7722, the CHED has the following powers and functions
Formulate and recommend development plans, policies,priorities, and programs
on higher education;
Formulate and recommend development plans, policies, priorities, and programs on research;
Recommend to the executive and legislative branches priorities and grants on higher education and research;
Recommend to the Department of Budget and Management (DBM) the budgets of public institutions of higher learning as well as general guidelines for the use of their income;
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;
Develop criteria for allocating additional resources such as research and program develop-
ment grants, scholarships, and the other similar programs: Provided, that these shall not detract from the fiscal autonomy already
enjoyed by colleges and
Direct or redirect purposive research by institutions of higher learning to meet the needs of agro-industrialization and development;
Devise and implement resource development schemes;
Administer the Higher Education Development Fund, as described in Section 10 of R.A. 7722, which will promote the purposes of higher education;
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;
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.
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 R.A. 7722;
Perform such other functions as may be necessary for its effective operations and for the continued enhancement, growth and development of higher education.