QuestionsQuestions (Republic Act No. 7722)
RA 7722 is known as the “Higher Education Act of 1994,” and it was approved on May 18, 1994.
It declares that the State shall protect, foster, and promote citizens’ right to affordable quality education at all levels, ensure education is accessible, and protect academic freedom for continuing intellectual growth and advancement of learning and research.
CHED is created as an independent and separate commission from the Department of Education, Culture and Sports (DECS), attached to the Office of the President for administrative purposes only.
CHED covers both public and private institutions of higher education and degree-granting programs in all post-secondary educational institutions, public and private.
It is composed of five (5) full-time members.
During the transition period beginning upon approval, the President may appoint the DECS Secretary as ex officio chairman for a maximum period of one (1) year.
They must hold earned doctorate(s), be 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 must be academicians of high professionalism and integrity, distinguished authorities in their field, and members must belong to different academic specializations.
No commissioner may appoint representatives to act on their behalf.
The term is four (4) years, without prejudice to reappointment. Initial appointments are staggered: the chairman for four (4) years, the next two commissioners for three (3) years, and the last two commissioners for two (2) years.
The President appoints a successor, but only for the unexpired portion of the term.
The chairman has the rank of a Department Secretary and commissioners the rank of Undersecretary, with corresponding compensation and emoluments and subject to the same disqualifications.
The Board of Advisers assists CHED at least once a year in aligning policies with national development and world-class scholarship demands. It includes the DECS Secretary as chairman, NEDA Director-General as co-chairman, and the Secretaries of Science and Technology; Trade and Industry; Labor and Employment; plus FAAP President and FAPE President; two additional members may be appointed by the President upon CHED recommendation.
Examples include: (1) formulating/recommending development plans and policies for higher education and research; (2) setting minimum standards for programs and institutions and enforcing them; (3) monitoring/evaluating performance and imposing sanctions; (4) administering the Higher Education Development Fund; (5) reviewing the charters of institutions and state universities/colleges and recommending measures; (6) promulgating rules and regulations and performing other necessary functions.
It is established exclusively for strengthening higher education nationwide. Government contributions include: P500,000,000 seed capital; P50,000,000 for initial operation of CHED; 40% annual share of total gross collections of the travel tax; 30% share of Professional Registration Fee collections; and 1% of gross sales from PCSO lotto operations. Additional contributions may come from government financing institutions (3% to 5% of their unimpaired surplus). It also has a private portion from donations, gifts, and other conveyances by gratuitous title.
CHED administers the Fund by appointing a reputable government financial institution as portfolio manager. Seed capital (and its earnings) shall not be used to underwrite overhead expenses for administration; unless otherwise stipulated by private donors, only earnings of private contributions may be used for administrative expenses.
It states that nothing limits academic freedom, and no abridgment of curricular freedom shall be made except for: (a) minimum unit requirements for specific academic programs; (b) general education distribution requirements determined by CHED; and (c) specific professional subjects stipulated by licensing entities. It also notes no academic/curricular restriction on private institutions not required for chartered state colleges and universities.
CHED provides incentives to institutions with accredited programs or needing accreditation. Donations/contributions/bequests/grants to CHED are allowable deductions from donor income for income tax purposes and exempt from donor’s tax, subject to conditions in the National Internal Revenue Code, as amended.