Powers Of Ched I. Introduction Under Article XIV of the Constitution of the Philippines specifically 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 will not be infringed and that quality education will be provided and accessible to all. To ensure that quality education is given to the citizens of the Philippines, the government had vested its powers to different administrative agency to make sure that this right granted to the citizens will not be infringed. The Department of Education for Culture and Sports (DECS) is an example of an administrative agency that was created to ensure that quality education is given to the citizens at all levels. In 1994, the commission on Higher Education (CHED) was created to govern mainly the higher education or otherwise known as the tertiary education.The Commission is a body independent and separate from the DECS, and attached to the Office of the President for administrative purposes only. Its coverage shall be both public and private institutions of higher education as well as degree-granting programs in all post secondary educational institutions, public and private. 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.
It shall accelerate the development of high-level professionals who will search for new knowledge, and provide leadership in the various disciplines required by a dynamic and self assuring economy.” In short, the mission of the CHED is what is stated in Sec. 1 of Article XIV of the constitution, which is to provide quality education to the citizens and make education accessible to the citizens. In Sec.
2 of RA 7722, the same is mentioned. The state shall protect, foster, promote the right of all citizens to affordable quality education at all levels and shall take appropriate steps to ensure that education shall be accessible to all. The State shall likewise ensure and protect academic freedom and shall promote its exercise and observance for the continuing intellectual growth, the advancement of learning and research, the development of responsible and effective leadership, the education of high-level and middle-level professionals and the enrichment of our historical and cultural heritage. State-supported institutions of higher learning shall gear their programs to national, regional or local development plans. Finally, all institutions of higher learning shall exemplify through their physical and natural surrounding the dignity and beauty of as well as their pride in, the intellectual and scholarly life.
In short, the main mission or goal of the CHED is what is stated in Sec 1 of Article XIV of the constitution, which is to provide quality education to the public and to ensure its accessibility to all.Moreover, to achieve Sec. 2 of RA 7722, which is to ensure quality and accessible education, powers are granted to the CHED. Some powers which are obtained transitory from the DECS, meaning the powers of DECS in governing tertiary education are transferred to the CHED. This is in Sec. 18 of RA 7722.Such personnel, properties, assets and liabilities, functions and responsibilities of the Bureau of Higher education, including those for higher and tertiary education and degree-granting vocational and technical programs in the regional offices, under the DECS and other government entities having function similar to those of the Commission are herby transferred to the Commission. From this it is established that the powers that were once granted to DECS in governing the tertiary education are hereby transferred to the CHED.
To ensure accessibility of education, one of the most prominent factor will be the tuition fee. The rate at which the tuition fee is established will determine the accessibility of the school, thereby to ensure accessibility for students, tuitions fees should be regulated by the CHED. To be able to regulate the increase of tuition the implementation of the rules and regulation of Presidential Decree (PD) No.451 was issued. This was to govern increase in tuition fee and other school charges of private schools beginning the school year 1975-1976. Under Sec. 2 of PD 451 “The Secretary of Education and culture has the authority to regulate on any increase or change in the rates of tuition fee and other school charges collected from students or their parents by all private schools. Any increase or change in the approved rates, including new tuition fee and/or other school charges, of private schools shall not be effective without the prior approval of the Secretary of Education and Culture.
Any violation shall be considered unlawful and subject to the penal provision of the law.” Moreover, in the implementation of RA 8292 or otherwise known as the Higher Modernization Act of 1997, which is an act providing for the uniform composition and powers of the governing boards, the manner of appointment term of office of the president of chartered state universities and colleges and for other purposes. In pursuant to Sec. 4 of RA 8292, which is “the governing board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the board of directors under Sec. 36 of BP Blg. 68, otherwise known as the Corporation Code of the Philippines.
” Furthermore, under paragraph A of Sec.4 the government board “can enact rules and regulations not contrary to law as my be necessary to carry out the purposes and functions of the university or college”. Also Paragraph E of Sec. 4 which specifies that the government board shall “adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students.” II. Definition of Terms a.
) Tuition Fee- covers the school charge for the course or subjects enrolled in by students as indicated in the respective prospectuses, bulletins of information, or catalogues of private schools, which may either be paid on a monthly, semestral, or yearly basis, or per unit or units. b.) Other school fees- include all miscellaneous fees charged for certain specific services rendered by private schools to students, which may be paid either on a monthly semestral, or yearly basis, as embodied in their respective prospectuses bulletins of information, or catalogues, which are collected and earmarked for the specific purposes intended pursuant to existing laws, rules and regulations.c.) Current school Fees- means the tuition fee and other school charges of a private school as approved bye the secretary of education and culture. d.) Increase in Fees-means any addiction in the amount of the current tuition fee or other school charges as defined in sub-sections a, b and c herein.
e.) New Fee or Charge- means those which are imposed by new school or by existing schools, which are not included in their previously approved rates of school fees. f.) Private school-includes all private education institutions duly authorized to operate any course by the secretary of education and culture g.) Student- refers to all enrollees in all level in a private school h.) School Administration- includes all departments offices, or units of a private school. III.
Research Problem The Commission on Higher Education (CHED) enacted an order which prohibited tuition fee increase by private colleges and universities for the next school year 2001-2002. The Order of the CHED was based on the financial difficulty being experienced by many parents in sending their children to private schools. A group of private colleges questioned the order with respect to tuition fee, or its increases for that matter.
CHED maintains that with the Higher Education Act of 1995 all functions and powers previously exercised by the DECS for higher education had been transferred to it. The research problem is very clearly stated, it is to find out whether the order of prohibiting the increase of tuition was valid and whether the CHED did have the power as previously exercised by the DECS. IV.Research Procedures Upon the receiving the situation for the problem, the author immediately read the problem.
Upon reading the problem, the author carefully analyzed the problem and started to take down keywords which could help the author in his search. Also, the author tried to identify what the main issues are, to be able to determine the direction of where the research is going. After carefully analyzing the problem, the author wrote down all the possible keywords that can be used in the search. The author first visited the library of De La Salle University.Upon entering the library the author directly went to the second floor and search the Lex Libris, and the Phil.
Juris. The author entered the keywords in the Lex law to be able to determine what powers the CHED had and this is how the author knew of RA 7722 which is known as the Higher Education Act. The author immediately followed his search on the Jurisprudence and hence found some cases that are related to the topic. Wanting for more information the author followed up his search in the internet. The author search from www.googles.com and was successful in finding many secondary resources regarding …