REPUBLIC ACT NO.

7722

An Act Creating the Commission

on Higher Education

 The

Commission of Higher Education

(CHED) was created on May 18, 1994
through the passage of Republic Act
No. 7722, or the Higher Education Act
of 1994. The CHED has been designed
to act as a collegial body in
formulating plans, policies and
strategies relating to higher education
and the operation of CHED.

The seriousness of the present

educational system as pointed out by
EDCOM Report was translated into the
enactment of RA 7722; creating the
CHED
(Commission
on
Higher
Education), in 1995, to supervise the
tertiary degree programs.

 This

change was hopefully could turn out

excellent and globally competitive
graduates who can help improve the
quality of life to the people via skills
training, technology transfer and
innovative research.

Republic Act NO. 7722

Known as the Higher Education Act of 1994,

is a law that created the Commission on
Higher Education (CHED), appropriating
funds therefor and for other purposes. It
provides for the composition of the
Commission and establishes the Higher
Education Department Fund to strengthen the
Higher education in the Philippines.

 Article

XIV of the Constitution of the Philippines especially

under Sec. 1 states that:
The State shall protect and promote the right of all citizens to
quality education at all levels and shall take appropriate
steps to make such education accessible to all
This means that every citizen whether at Level 1,2 or 3 shall
be entitled to quality education and that the government
should take actions to ensure that this right from the
constitution that is granted to the citizen and that quality
education will be provided and accessible to all (Dizon, 1996)

 Garcia

(1982) mentioned that, as a

commission created to govern the higher
education, it follows the mission of
gearing higher education towards the
pursuit of better quality of life for all
Filipinos by emphasizing the acquisition of
knowledge and formation of those skills
necessary to make individual a productive
member of society.

 The

creation of CHED was part of broad agenda of

reforms on the countrys education system outlined
by the Congressional Commission of Education
(EDCOM) in 1992.
Part of this reform was the trifocalization of the
education sector into 3 governing bodies:
1. CHED for tertiary and graduate education
2. Department of Educ. (DepEd) for basic education
3. Tech. Educ. & Skills Development (TESDA) for
technical-vocational and middle-level education.

Section 1 : TITLE

Higher Education
Act of 1994

Section 2: DECLARATION OF
POLICY

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 3: CREATION OF THE

COMMISSION ON HIGHER EDUCATION

The commission shall be

independent and separate from
the DECS and attached to the
Office of the President for
administrative purposes only.

Sec 4: COMPOSITION OF
THE COMMISSION
Ex officio chairman of the
Commission (DepED Sec)
One
Year period appointed by
President

Chairman of
the
Commission

Commission
er
1

Commission
er
2

Commission
er
3

Commission
er
4

Section 4: Composition of
the Commission
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 5: TERM
OFFICE
Ex officio chairman of the
Commission (DepEd Sec)
One year period appointed
by President

Chairman of the
Commission (4 years)

Commission
er 1 (3
years)

Commisssion
er 2 (3
years)

Commission
er 3
(2years)

Commission
er 4 (2
years)

Section 5: TERM
OFFICE
Chairman:

term of 4 years,
without prejudice to one
reappointment
Commissioners:
next 2 for 3 years
last 2 for 2 years

Section 6: Rank and

Emoluments
Ranks

Chairman: Department of Secretary

Commissioners: Undersecretary
Emoluments: shall receive compensation
corresponding to their positions

Section 7: BOARD OF
ADVISERS
Should meet with the Commission at least once a
year
Composition:
1. Secretary of Educ., 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. Secretary of Labor and Employment
6. President of FAAP
7. President of FAPE

Section 8: POWERS AND

FUNCTION OF THE COMMISSION
1.
2.
3.
4.
5.
6.
7.

Formulate and recommend devt plans, policies, priorities

and programs on higher educ and research
Formulate and recommend devt plans, policies, priorities
and programs on research
Recommend to the executive and legislative branches the
priorities and grants
Set minimum standards for programs and institutions
Monitor and evaluate the programs and institutions
Identify, support and develop potential centers of excellence
in program areas
Recommend to the Dept. of Budget and Mngt the budgets of
public institution

Section 8: POWERS AND

FUNCTION OF THE COMMISSION
8. Rationalize programs and institutions

9. Develop criteria for allocating additional resources

10. Direct or redirect purposive research by
institutions to meet the needs
11. Devise and implement resource devt schemes
12. Administer the Higher Educ Devt Fund
13. Review the charters of institutions
14. Promulgate rules and regulations
15. Perform necessary functions for effective
operations

Section 9: THE SECRETARIAT

Headed

by an executive officer, subject

to National compensation and position
classification plan
Determine the duties, responsibilities and
functions

Section 10: THE HIGHER

EDUCATION DEPARTMENT FUND
Established

to strengthen the higher education

1. Governments 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% contributions form financing institutions
3. Private portion for donates, gifts and conveyances

Section 11:

Must be administered by the commission

Shall appoint a reputable govt 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 12: THE

TECHNICAL PANELS
Assist

the commission in
setting standards and program
monitoring and evaluation
Composed of senior specialists

Section 13: GUARANTEE OF

Academic Freedom
Exemptions

1.
2.
3.

for the abridgement of the

curricular freedom of educational
institutions:
Minimum unit requirements for that
program
General education distribution requirements
Specific professional subjects maybe
stipulated by the various licensing entities

Section 14: ACCREDITATION

Commission

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

Section 15: TAX

EXEMPTIONS
Any

grant donation, contribution,

bequest and maybe made shall
constitute as allowable deduction
from the income of the donor for
income tax purposes and shall be
exempt from donors tax.

Section 16: AUTHORITY

Exercise

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

Section 17:
APPROPRIATIONS
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 18: TRANSITORY

PROVISIONS
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 19: REPEALING

CLAUSE

All

laws, executive orders,

rules and regulations that are
inconsistent must be cancelle.d

Section 20: SEPARABILITY

CLAUSE
Any

provision that are held

unconstitutional or invalid, other
provisions are not affected and
shall continue to enact.

Section 21:
EFFECTIVITY

This

act shall take effect

upon its approval.

Conclusion

1.
2.
3.

4.

Based on the comprehensive report, it is concluded that

to be sure that students will be ready for higher
education:
CHED technical panel shall continue to accredit schools
and upgrade its curriculum as well
Academic goals should be of great standards and should
not be influenced by political or social agendas
CHED in collaboration with PRC should strengthen the
legislation and/ or directives for teachers to be LET
passers before they can teach (private & public)
Adequate resources should be allocated by the
Government on the provision of providing quality
education

REFERENCES
Bernas, Joaquin. Constitutional Rights & Social
Demands. Manila, Rex Bookstore. (1996)
Dizon, Amado. Laws and Education. Manila, Rex
Bookstore. (1992)
Garcia, Alta, Ed. The Shape of Legal Aspects of
Education in the Philippines Today. Manila, UST.
(1982)
Gregorio, Hernan and Gregorio, Cornelia, Philosophy
of Education in Philippine Setting. Garotech
Publishing, Quezon City (2001)
Bilbao, Purita P. The Teaching Profession. Quezon
City, Metro Manila: Lorimar Publishing (2006)

INTERNET SOURCES
http://www.ched.gov.ph
http://www.edb.gov.hk/en/about-

edb/publications-stat/majorreports/consultancy-reports/edu-commissionreport-7/ch8.htm
http://en.wikipedia.org/wiki/Commission_on_
Higher_Education_(Philippines)