RA 7722 laws and responsibilities PDF

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Summary

Republic Act No. 7722An Act Creating the Commission on Higher Education, Appropriating Funds and for Other Purposes 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...

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Republic Act No. 7722 An Act Creating the Commission on Higher Education, Appropriating Funds and for Other Purposes 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.” DECS – Department of Education, Culture and Sports 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 OF 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

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SECTION 7: BOARD OF ADVISERS ➢ 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 Cochairman 3. Secretary of Science and Technology 4. Secretary of Trade and Industry 5. President of FAAP 6. President of FAPE NEDA- National Economic and Development Authority FAAP – Federation of Accrediting Agencies of the Philippines FAPE- Fund for Assistance to Private Education SECTION 8: POWERS AND FUNCTION OF THE COMMISSION 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 institutions 5. monitor and evaluate the programs and institutions 6. identify, support and develop potential centers of excellence in program areas 7. Recommend to the Dept. of Budget and Management the budgets of public institution 8. Nationalize 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 development schemes 12. administer the Higher Education Development Fund 13. review the charters of institutions 14. Promulgate rules and regulations 15. Perform necessary functions for effective operations

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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. 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 11: MANAGEMENT AND ADMINISTRATION OF THE HIGHER EDUCATION DEVELOPMENT FUND ➢ must be administered by the commission ➢ shall appoint a reputable government to administer funds ➢ guidelines: o 1. no part of capital shall be used for overhead expenses for admin. o 2. earnings for private contributions shall be used for administrative expenses o 3. commission shall appoint and organize separate staff o 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 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 14: ACCREDITATION Commission shall provide incentives to institutions of higher learning, public and private whose needs are for accreditation purposes SECTION 15: TAX EXEMPTION

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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 16: AUTHORITY authority necessary with its areas of operation to attain its objectives SECTION 17: APPROPRIATION ➢ 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 PROVISION ➢ 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 cancelled. SECTION 20: SEPARABILITY CLAUSE any provision that are held unconstitutional or valid, other provisions are not affected and shall continue to enact. SECTION 21: EFFECTIVITY THIS ACT SHALL TAKE EFFECT UPON ITS APPROVAL.

ESC – Educational Service Contracting

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