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This page features the full text of
Republic Act No. 7722
Higher
Education Act of 1994
AN
ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS
THEREFOR
AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 7722AN
ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS
THEREFOR
AND FOR OTHER PURPOSES.
SECTION
1. Title. — This Act shall be
known as the "Higher Education Act of 1994." chanrobles virtuallaw libraryred
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.cralaw:red
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. chanrobles virtuallaw libraryred
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.cralaw:red
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, 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. 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 specializations.cralaw:red
In
no case shall any and all of the Commissioners appoint representatives
to act on their behalf. chanrobles virtuallaw libraryred
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 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.cralaw:red
The
commissioners shall hold office until their successors shall have been
appointed and qualified. Should
a member of the Commission fail to complete his term, his successors
shall
be appointed by the President of the Philippines but only for the
unexpired
portion of the term.cralaw:red
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 disqualifications.cralaw:red
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.cralaw:red
The
Board of Advisers shall be composed of the following:
(a) the
Secretary of Education, Culture and Sports, as chairman;
chanrobles virtuallaw libraryred(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 Associations of the
Philippines
(FAAP); and
(g) the
President of the Fund for Assistance to Private Education (FAPE).
Two
(2) additional members of the Board of Advisers may be appointed by the
President upon recommendation of the Commission.chanrobles virtual law library
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; chanrobles virtuallaw libraryred
(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 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; 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.chanrobles virtual law library
The
Commission shall appoint the members of the staff upon the
recommendation
of the executive officer.chanrobles virtual law library
Sec.
10. The Higher Education Department
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.cralaw:red
(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 percent (5%) of their unimpaired surplus realized during the
immediately
preceding year. chanrobles virtuallaw libraryred(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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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. chanrobles virtuallaw libraryred
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.cralaw:red
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
and to attain its objectives: Provided, That the Commission may seek
the
assistance of other government agencies for the proper implementation
of
this Act.cralaw:red
Sec.
17. 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.
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 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.cralaw:red
Thereafter,
the funds necessary shall be included in the General Appropriations
Act.cralaw:red
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 of Education, Culture and
Sports,
and other government entities having functions similar to those of the
Commission are hereby transferred to the Commission.cralaw:red
The
Commission shall have the authority to appoint its own personnel.cralaw:red
All
regular or 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 bureaus: 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.cralaw:red
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
(PAPTI).cralaw:red
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. The
transition period not exceeding three (3) months shall commence from
the
approval of this Act.cralaw:red
Sec.
19. 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. chanrobles virtuallaw libraryred
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:
May
18, 1994
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