Question & AnswerQ&A (EXECUTIVE ORDER NO. 434)
CHED was created under Republic Act No. 7722, also known as the "Higher Education Act of 1994", approved on May 18, 1994.
Section 3 of RA 7722 states that the Commission on Higher Education shall be independent and separate from the Department of Education, Culture and Sports (now Department of Education) and is attached to the Office of the President for administrative purposes only.
Section 1, Article VII of the 1987 Philippine Constitution vests executive power in the President.
Section 17, Article VII of the Constitution provides that the President shall have control of all executive departments, bureaus, and offices and shall ensure that all laws be faithfully executed.
Paragraph 2, Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 grants the President continuing authority to reorganize the administrative structure of the Office of the President.
The power of the President to exercise policy oversight over the Commission on Higher Education is delegated to the Secretary of Education.
No, Executive Order No. 434 delegates policy oversight but does not amend the independent status of CHED as established by RA 7722.
All other executive issuances, rules, and regulations or parts thereof that are inconsistent with the provisions of Executive Order No. 434 are repealed, amended, or modified accordingly.
Executive Order No. 434 took effect immediately upon its signing on June 3, 2005.