Legal Aspect of Education

THE PHILIPPINE COMMISSION ON HIGHER EDUCATION (CHED)

HISTORICAL BACKGROUND

The Commission on Higher Education (CHED)  was created on May 18, 1994 through the
passage of Republic Act No. 7722, or the Higher Education Act of 1994. CHED, an attached agency to the
Office of the President for administrative purposes, is headed by a chairperson and four commissioners, each
having a term of office of four years. The Commission En Banc acts as a collegial body in formulating plans,
policies and strategies relating to higher education and the operation of CHED.
The creation of CHED was part of a broad agenda of reforms on the country’s education system
outlined by the Congressional Commission on Education (EDCOM) in 1992. Part of the reforms was the
trifocalization of the education sector into three governing bodies: the CHED for tertiary and graduate
education, the Department of Education (DepEd) for basic education and the Technical Education and Skills
Development Authority (TESDA) for technical-vocational and middle-level education.
In 1997, Republic Act (RA) No. 8292, otherwise known as the “Higher Education
Modernization Act of 1997” was passed to establish a complete, adequate and integrated system of higher
education. The said law also modified and made uniform the composition of the Governing Boards of chartered
state universities and colleges (SUCs) nationwide in order to:(a) achieve a more coordinated and integrated
system of higher education;(b) render them more effective in the formulation and implementation of policies on
higher education;(c) provide for more relevant direction in their governance; and (d) ensure the enjoyment of
academic freedom as guaranteed by the Constitution.

THE LEGAL BASIS OF EDUCATION IN THE PHILIPPINES

Education is a necessity and a right of every individual. Without proper education, we might find
it a bit hard surviving life. Most of the Filipinos value the importance of education and are striving hard just
to finish their studies for they know that after all those hard works, a bright future awaits them. We are very
fortunate to have such laws in our constitution that deals with education. It is stated in the law that it is the
government’s responsibility to provide quality and accessible education to every Filipino citizen and I
think, they’ve done that, for there are public and private schools in the country where students can attend
and learn. However, not all those people who want to be educated have enough money to support their
education. Good thing, it is also the government’s job to provide scholarships and other incentives to
deserving students in order for them to be able to continue their studies. There are really existing
scholarships and tuition discounts to help those students who are really in need of financial support for their
studies. Also, it is mandated in the constitution that the government shall provide free public education for
elementary and high school levels only. With the presence and the implementation of the K to 12
curriculum, I think it is only fair to have free education until the secondary level only because students who
are K to 12 graduates are at their right age to work and equipped with the basic skills and knowledge that
they might need in facing and surviving the real world. It is also known to some that the education sector
has the biggest fund among all the other sectors. But, when we look and observe at some public schools and
with the issues that we hear, there’s still a need for buildings, books, chairs, and other school-related stuffs.
It is evident that our government are putting effort in upgrading and developing our education.
In the Philippine Education, there are three main agencies that take charge in the different levels
namely DepEd, CHED, and TESDA. Each agency has its own purposes, duties, and responsibilities to
follow and do in order to provide quality and accessible education.
The Department of Education is in-charge with the elementary and secondary levels. Its main
function is to provide quality basic education that is equitably accessible to all and lay the foundation for
life-long learning and service for the common good. Basically, the aim of DepEd is to give the students’
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 basic needs, competence, and knowledge that they need in life. With their function, it is their responsibility
to cater the needs of the students that will guide them in understanding further the complex things that they
will be facing in the future. As it was stated, this department should provide the students with the
foundation and the basic knowledge that they will be carrying for a lifetime. The responsibility and function
of DepEd must be really done, simply because it is where the students will be hone and it will serve as a
preparation as to what they can experience and go through in their lives.
The Commission on Higher Education (CHED) is in-charge of handling the tertiary level. This
agency envisions to build the country’s human capital and innovation capacity that would develop the
Filipino nation as a responsible member of the international community. Having that, CHED aims to
produce responsible, intelligent, and globally-competitive graduates. With the implementation and presence
of the K to 12 Curriculum, it will be easier to produce such graduates. In coordination with colleges and
universities, CHED should provide activities and programs that would cater the needs of the students in
terms of being prepared for the real world. Also, there should be programs and other opportunities, aside
from the experience inside the classroom, that would hone, enhance, and develop the knowledge and skills
of the students in their chosen field of profession and where they could put into use the basic skills and
knowledge that they have learned and acquired before. I suppose this agency should be functioning as a
bridge for the students towards their bright future through those programs that will prepare them for the real
world.

CHED VISION, MISSION AND MANDATE

VISION AND MISSION

The Commission on Higher Education catalyzes a Philippine higher education system that is locally responsive
and globally competitive and serves as a force for lifelong learning, innovation, and social and cultural
transformation.

MANDATE
Given the national government’s commitment to transformational leadership that puts education as the central
strategy for investing in the Filipino people, reducing poverty, and building national competitiveness and
pursuant to Republic Act 7722, CHED shall:

A. Promote relevant and quality higher education (i.e. higher education institutions and programs are at par
with international standards and graduates and professionals are highly competent and recognized in the
international arena);

B. Ensure that quality higher education is accessible to all who seek it particularly those who may not be able to
afford it;

C. Guarantee and protect academic freedom for continuing intellectual growth, advancement of learning and
research, development of responsible and effective leadership, education of high level professionals, and
enrichment of historical and cultural heritages; and

D. Commit to moral ascendancy that eradicates corrupt practices, institutionalizes transparency and
accountability and encourages participatory governance in the Commission and the sub-sector.

CHED POWER AND FUNCTIONS

The Commission on Higher Education is the Philippine government’s agency in charged with
promoting relevant and quality higher education, ensuring access to quality higher education, and
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 guaranteeing and protecting academic freedom for continuing intellectual growth, advancement of learning
and research, development of responsible and effective leadership, education of high level professionals,
and enrichment of historical and cultural heritages.

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;
 Set minimum standards for programs and institutions of higher learning recommended by panels of
experts in the field and subject to public hearing, and enforced the same;
 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 course;
 Identify, support and develop potential centers of excellence in program areas needed for the
development of world-class scholarship, nation building and national development;
 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 development grants,
scholarships, and the other similar programs: Provided, that these shall not detract from the fiscal
autonomy already enjoyed by colleges and universities;
 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;
 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; and
 Perform such other functions as may be necessary for its effective operations and for the continued
enhancement, growth and development of higher education.

REPUBLIC ACT NO. 7722

Republic Act No. 7722, ‘The Higher Education Act of 1994′

Republic Act No. 7722, otherwise known as “The Higher Education Act of 1994”, was signed into law by
former President Fidel Valdez Ramos on May 18, 1994, creating the Commission on Higher Education
(CHED).

Attached administratively to the Office of the President of the Philippines, the creation of CHED was part of a
broad agenda of reforms on the country’s education system outlined by the Congressional Commission on
Education (EDCOM) in 1992. Part of this reform was the trifocalization of the education sector into three
governing bodies: the CHED for tertiary and graduate education, the Department of Education (DepEd) for
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basic education, and the Technical Education and Skills Development Authority (TESDA) for technical-
vocational and middle-level education.

REPUBLIC ACT 8292

Republic Act No. 8292 ‘The Higher Education Modernization Act of 1997′

On June 3, 1997, Republic Act No. 8292, otherwise known as “The Higher Education Modernization Act of
1997”, was passed and signed by former President Fidel Valdez.

The law provides for the uniform composition and powers of the Governing Boards of State Universities and
Colleges (SUCs) nationwide, as well as the manner of appointment and term of office of the president of
chartered state higher education institutions. Furthermore, RA 8292 laid down the powers and duties of the
SUC Governing Board, the highest policy making body in the institution.

REPUBLIC ACT NO. 7731

Republic Act No. 7731, or “An Act Abolishing the National College Entrance Examination

Repealing for the Purpose Presidential Decree No. 146”, was approved last June 2, 1994. Briefly, the
requirement of an entrance examination for entry into initial four-year tertiary bachelors’ programs under PD
146 was abolished, all those who had failed the NCEE in prior years may now be considered for admission to
all tertiary programs, and no national entrance examinations shall henceforth be required for post-secondary
degree programs. This Office is in full accord with the new law.

REPUBLIC ACT NO. 74 OF 1901

ACT NO. 74 OF 1901: Enacted into law by the Philippine Commission, the Act created the Department of
Public Instruction, laid the foundations of the public-school system in the Philippines, provided for the
establishment of the Philippine Normal School in Manila and made English as the medium of instruction. (In
1949, the Philippine Normal School was made a teachers' college by virtue of Republic Act <RA> 416 and, in
1991, it became a full-pledge university by virtue of RA 7168.)

REPUBLIC ACT NO. 1870 OF 1908

ACT NO. 1870 OF 1908: The law served as the legal basis for the creation of the University of the Philippines.

REACTION PAPER ON THE CURRENT ISSUES ON CHED

CURRENT CHED ISSUE/TOPIC: COMMISSION ON HIGHER EDUCATION RESPONSE ON
COVID-19                         

I. Introduction
Upon reading the current issue faced by The Commission on Higher Education concerning
COVID-19, I was given an idea on how the commission navigated for almost 2 years facing all obstacles in
order to meet the needs of society during pandemic.
The Commission on Higher Education (CHED) requested the Department of Health (DOH) to
include teaching and non-teaching personnel of public and private higher education institutions (HEIs) in the
Priority Eligible Group B for COVID-19 Vaccination Program of the national government.
DOH Undersecretary Dr. Myrna C. Cabotaje requested the Commission to have first a registry
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of these teaching and non-teaching personnel of HEIs. In view of this, all CHED Regional Offices are tasked to
contact the higher education institutions (HEIs) under their jurisdiction and survey the names of the personnel
who are willing to join the COVID-19 Vaccination Program. This registry will be forwarded to the DOH Sub-
Task Group on Registry and Data Management for consideration.

II. The Commission on Higher Education (CHED) contributed P15-billion to augment funds for state-led
initiatives in responding to the COVID-19 pandemic and provide economic relief to poor and vulnerable groups
who are most affected by the economic fallout from this global health crisis.
CHED’s contribution of P15,317,631,000 is one of the biggest, if not the biggest single agency
support to the call of President Rodrigo Duterte for the entire nation to raise funds to support mitigating
strategies in responding to the present health crisis.

The unreleased appropriations of CHED on the following programs which are slow moving, difficult to
implement because of the pandemic, or have been labelled “for later release” in the 2020 General
Appropriations Act (GAA) and will no longer be released for the agency to contribute in responding to
COVID-19:

 Development of standards of excellence for HEIs

 Establishment of basic e-library facilities in SUCs
 Financial assistance for post-graduate students
 Financial assistance for the enhancement of courses and programs to Social Work, Guidance Counseling
and Psychology
 Funding requirements for the sustainable development goals and Futures Thinking Program
 Funding Requirements for Trainings and Programs to improve the quality of English in the Tertiary
level
 A portion of the funding for assistance and incentives, scholarships and grants
 Renovation of Central Office Building
 Acquisition of Lot in Region IV-A

The UAQTE funds for the reimbursement of 2nd semester tuition and miscellaneous fees and
2nd semester TES was also contributed by CHED to the COVID-19 relief fund because these will now be
included in the 2021 GAA. All state universities and colleges (SUCs) and local universities and colleges
(LUCs) are now using the new academic calendar and their 2nd semester for academic year 2020-2021 starts in
January 2021. With this decision, the UAQTE will be implemented on a fiscal year instead of an academic year
basis starting this September.

Republic Act No. 11469 or the “Bayanihan to Heal as One Act” was enacted to declare a State
of Public Health Emergency and authorize the President to exercise necessary powers to carry out urgent
measures to address the COVID-19 pandemic.

CHED has also realigned funds from the remaining 2020 budget to assist SUCs produce
COVID-19 related products such as alcohol/alcogel and personal protective equipment (PPEs) for distribution
to front liners and for their needs when the schools reopen in August; massive training program for faculty
members to prepare for flexible learning; and technical assistance to improve connectivity in universities and
colleges.

CHED is continuously cooperating with the national government’s efforts to ensure the success
of the whole-of-government mobilization of assets to overcome this present health crisis.

III. Aside from education in the time of COVID-19, there are other issues that the Commission on Higher

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Education is facing according to the mandate of this law. Higher Education Institutions: Addressing Current
Issues and Challenges.
An excerpt from Ms. Shirly Valdez, from Region IV- A, Higher Education Institutions should be
responsive to the needs and demands of the changing times. As John Maxwell stated, “The pessimist complains
about the wind. The optimist expects it to change. But the leader adjusts the sail.”
Major challenges confronting the higher education sector nowadays, which are: (1) Lack of
overall vision, framework, plan for higher education; (2) Deteriorating quality of higher education; and (3)
Limited access to quality higher education. This is evident on the proliferation of HEIs and proliferation of
programs in the country. Academic Year 2009-2010 Location number of HEIs and number of Programs
Offered National Scope 2,180 31,257 Region IV-A (alone) 275 2,302. According to the labor sector, the skills
needed by the industry but not adequately provided by the academe are the following: Communication skills,
Technical skills, and Numerical skills.
There is indeed a large proportion of mismatch between training in schools and actual jobs. This
is the major problem at the tertiary level and it is also the cause of the existence of a large group of educated
unemployed or underemployed. According to studies undertaken by CHED, the following programs have been
considered oversubscribed as evidenced by the huge enrolment recorded: Business Administration, Nursing,
Teacher Education, Information Technology, and Hotel and Restaurant Management. While the
undersubscribed programs are: Science and Technology, and Agriculture and Fisheries.
Deteriorating Quality of Higher Education; there has been a decline in the quality of higher
education as the results of licensure examinations in various degree board programs were way below the target
mean score. Thus, it should be a top priority of every country. It cannot be denied that the diminishing
importance given to education is all too obvious in the results of national and international assessment tests of
the students.
Teachers bear the responsibility of educating our youth. Recent data that were gathered show
that majority of the faculty credentials are inadequate.
CHED’s response: First, the Commission worked on the following key result areas:
Rationalization of higher education; Quality and standards; Access to quality higher education; Transparency
and accountability; and Organizational development.

Rationalization of Higher Education includes, aligning higher education with national development goals;
developing typology of HEIs; mapping of HEIs and programs; amalgamation of HEIs; moratorium on new
HEIs and programs; harmonization of public and private HEIs (leveling the playing field); and rationalization
of credentials

On Quality and Standards include, IQuAME as developmental instrument for non-accredited HEIs; rigorous
and transparent systems for autonomous and deregulated COEs and CODs; improved and effective Technical
Panels; more developmental and less prescriptive PSGs; closing of substandard programs and institutions;
providing development support and/or incentives to deserving HEIs; and aligning Philippine HEI curricula and
standards with international benchmarks.

On Access to Quality Higher Education includes, improve and expand Government Assistance to Students
and Teachers in Private Education (GATSPE); expand the Student Financial Assistance Program (STUFAP) -
scholarships, grants-in-aid, Study-Now-Pay-Later Plan; Alternative Learning Systems (ALS); Expanded
Tertiary Education Equivalency and Accreditation Program (ETEEAP); and Ladderized Education program
(LEP).

On Transparency and Accountability includes transparency of systems and processes; elimination of corrupt

and questionable practices in CHED; elimination of corrupt and questionable practices in SUCs; and
recognition of CHED as a clean and honest agency.

On Organizational Development at CHED includes, as a modern, technology-enabled organization; as an

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efficient, service-oriented, empowering, happy organization; CHED’s physical plant is clean, well-maintained,
attractive and user-friendly and client-friendly; and relevant and interested in national and global issues.

  If the system works together, it can create an educational environment capable of generating and
nurturing development that will produce globally competent individuals who are well equipped with general
knowledge and intellectual capacities needed by the industry. CHED needs help – the help of professional
associations like AHEIR. If everyone will be together charting the direction of the higher education in the
country.

Going back to its pandemic response, The Commission on Higher Education (CHED) and the
Unified Student Financial Assistance System for Tertiary Education (UniFAST) continue the release of funds
for the Tertiary Education Subsidy (TES) Program to grantees in state universities and colleges (SUCs) and
CHED-recognized local universities and colleges (LUCs) for Academic Year 2019-2020 while the COVID19
pandemic continues to affect the country.