Republic Act No. 7722

Republic Act No. 7722

An Act Creating the Commission on Higher Education, Appropriating Funds and for Other

Purposes

“Higher Education Act of 1994”

Section 1 : TITLE

“ The state shall protect, foster and promote the right of citizens to affordable quality education at all levels and shall take appropriate steps to ensure that education shall be accessible to all.”

Section 2: DECLARATION OF POLICY

“The commission shall be independent and separate from the DECS and attached to the Office of the President for administrative purposes only.”

Section 3: CREATION OF THE COMMISSION ON HIGHER EDUCATION

Composed of 5 fulltime members: 1 Chairman 4 Commissioners Qualifications: 1. Holders of earned Doctorate 2. Engaged in Higher Education for at least 10

years 3. Not candidate in the election 4. Higher degree of professionalism

Section 4: COMPOSITION OF THE COMMISSION

Chairman : term of 4 years, without prejudice to one reappointment

Commissioners: next 2- for 3 years last 2- for 2 years

Section 5: TERM OF OFFICE

Ranks Chairman: Department of Secretary Commissioners: Undersecretary

Emoluments: shall receive compensation corresponding to their positions

Section 6:RANK AND EMOLUMENTS

should meet with the Commission at least once a year Composition: 1. Secretary of Education, Culture and Sports

as Chairman 2. Director-General of the NEDA as Co-

chairman 3. Secretary of Science and Technology

4. Secretary of Trade and Industry 5. President of FAAP

6. President of FAPE

Section 7: BOARD OF ADVISERS

1. Formulate and recommend development plans, policies, priorities and programs on higher education and research

2. Formulate and recommend development plans, policies, priorities and programs on research

3. Recommend to the executive and legislative branches the priorities and grants

4. see minimum standards for programs and institutions5. monitor and evaluate the programs and institutions6. identify, support and develop potential centers of

excellence in program areas 7. Recommend to the Dept. of Budget and Mngt the budgets

of public institution

Section 8: POWERS AND FUNCTION OF THE COMMISSION

8. Nationalize programs and institutions9. Develop criteria for allocating additional resources 10. Direct or redirect purposive research by institutions

to meet the needs11. Devise and implement resource development

schemes12. administer the Higher Education Development Fund13. review the charters of institutions14. Promulgate rules and regulations15. Perform necessary functions for effective operations

Section 8: POWERS AND FUNCTION OF THE COMMISSION

headed by an executive officer, subject to National compensation and position classification plan

determine the duties, responsibilities and functions

Section 9: THE SECRETARIAT

established to strengthen the higher education1. Government’s contribution to the fund: - seed capital= 500 million php - initial operation= 50 million php - 40% annual share on total gross collections of

the travel tax - 30% share from Professional Gross Fee - 1% of gross sales of PCSO

2. 3-5% CONTRIBUTION FROM FINANCING INSTITUTIONS

3. Private portion for donates, gifts conveyances

Section 10: THE HIGHER EDUCATION DEPARTMENT FUND

must be administered by the commission

shall appoint a reputable government to administer funds guidelines: 1. no part of capital shall be used for overhead

expenses for admin. 2. earnings for private contributions shall be used for

administrative expenses 3. commission shall appoint and organize separate staff 4. shall be utilize equitably to regions and programs

Section 11: MANAGEMENT AND ADMINISTRATION OF THE HIGHER EDUCATION DEVELOPMENT FUND

assist the commission in setting standards and program monitoring and evaluation

composed of senior specialists

Section 12: THE TECHNICAL PANELS

Exemptions for the abridgement of the curricular freedom of educational institutions:

1. minimum unit requirements for that program 2. general education distribution requirements 3. specific professional subjects are not qualified

Section 13: GUARANTEE OF ACADEMIC FREEDOM

Commission shall provide incentives to institutions of higher learning, public and private whose needs are for accreditation purposes

Section 14: ACCREDITATION

Any donation, contribution, bequest, and grant maybe made shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor’s tax.

Section 15: TAX EXEMPTIONS

exercise authority necessary with its areas of operation to attain its objectives

Section 16: AUTHORITY

500 million php is authorized to be appropriated for the seed capital of the fund.

additional 50 million php shall be put to National Treasury or initial operation of PAGCOR

Included in General Appropriations Act

Section 17: APPROPRIATIONS

all government entities having functions to those of the commission are transferred to the commission

the commission shall have the authority to appoint its own personnel

All regular and permanent employees shall not suffer any loss of rank or emoluments

Section 18: TRANSITORY PROVISIONS

all laws, executive orders, rules and regulations that are inconsistent must be cancelled.

Section 19: REPEALING CLAUSE

any provision that are held unconstitutional or valid, other provisions are not affected and shall continue to enact.

Section 20: SEPARABILITY CLAUSE

THIS ACT SHALL TAKE EFFECT UPON ITS APPROVAL.

Section 21: EFFECTIVITY

Daisy Mae A. ValerosoBEEG-IIEDUC4Mrs. Apolonia V. GarayFebruary 6, 2013

Prepared by: