Republic Act 7722
Higher Education
Act of 1994
Learning Outcome
o To discuss RA 7722
o To examine the importance of
RA 7722
o To identify issues related to
the implementation of
RA 7722
REPUBLIC ACT NO. 7722
-An act creating the Commission on
Higher Education, appropriating funds
therefor and for other purposes
-Approved by the president of the Philippines,
Fidel V. Ramos on August 25, 1994.
SEC. 1. Title
Higher Education Act of 1994”.
SEC. 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.”
SEC. 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
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
SEC. 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
SEC. 6. Rank and Emoluments
Ranks
Chairman: Department of Secretary
Commissioners: Undersecretary
Emoluments: shall receive compensation
corresponding to their positions
SEC. 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
SEC. 8. Powers and Functions 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 Mngt the
budgets of public institution
SEC. 8. Powers and Functions of the
Commission
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
SEC. 9. The Secretariat
Headed by an executive officer, subject to National compensation
and position classification plan
Determine the duties, responsibilities
and functions
SEC. 10. The Higher Education
Development Fund
Established to strengthen the higher education
A. 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
B. 3-5% Contribution from financing institutions
C. Private portion for donates, gifts conveyances
SEC. 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:
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
SEC. 12. The Technical Panels
Assist the commission in setting standards and program
monitoring and evaluation
Composed of senior specialists
SEC. 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
SEC. 14. Accreditation
The Commission shall provide incentives to institutions of higher
learning, public and private, whose programs are accredited or whose
needs are for accreditation purposes.
SEC. 15. Tax Exemptions
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
SEC. 16. Authority
Exercise authority necessary with its areas of operation to attain its
objectives
SEC. 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
SEC. 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
SEC. 19. Repealing Clause
All laws, executive orders, rules and regulations
that are
inconsistent must be cancelled
SEC. 20. Seperability Clause
Any provision that are held unconstitutional or
valid, other provisions are not affected and shall
continue to enact
Issues with RA 7722
The Weak CHED and Academic Freedom
RA 7722 guarantees academic freedom in implementation of a Philippine
Constitutional guarantee: “Academic freedom shall be enjoyed in all institutions of
higher learning” [Art. XIV, Sec. 5(2)].
1. It can be noted that academic freedom is enjoyed in institutions of higher
education. This is not enjoyed in the same way by basic education institutions. The
implication of course is that in the governance of higher educational institutions
(HEIs) this Guarantee of Academic Freedom precisely be observed.
Article: The Weak CHED and Academic Freedom. Tabora, J. 2013
Issues with RA 7722
The Weak CHED and Academic Freedom
Sec. 14 on “Accreditation”, recognizing the private and voluntary activities of
functioning accreditation agencies in the Philippines,
RA 7722 provides, “The Commission shall provide incentives to institutions of
higher learning, public and private, whose programs are accredited and whose
needs are for accreditation purposes.”
Note that RA 7722 does not presume to set minimum standards for accreditation,
and confines its activities to providing “incentives” for accreditation.
Article: The Weak CHED and Academic Freedom. Tabora, J. 2013
Issues with RA 7722
RA 7722 vs. Licuanan on CHED’s Power and on Academic
Freedom
2. How CHEd exercises this “accreditation authority”? Is it saying it has the plenary
power to authorize accreditation agencies to freely enter into the activity of
accreditation? Or is it saying that accreditation agencies – which are not HEIs – are
not free to exercise their accreditation activities unless authorized by CHEd? Is it
saying that accreditation activities are valid if and only if they “voluntarily” follow
the accreditation processes that it prescribes?
Article: RA 7722 vs. Licuanan on CHED’s Power and on Academic Freedom. Tabora, J. 2013
References:
https://lawphil.net
Article:
The Weak CHED and Academic Freedom. Tabora, J. 2013
RA 7722 vs. Licuanan on CHED’s Power and on Academic Freedom.
Tabora, J. 2013
ASSESSMENT
Direction: Read and understand each item carefully. Choose the letter of the correct answer.
1. Which of the following Republic Act is commonly known as the Higher Education Act of 1994?
A. RA 4670 C. RA 7722
B. RA 10627 D. RA10533
2. Which statement can be deduced from Section 3 of Higher Education Act that states the“
Creation of the Commission on Higher Education”?
A. Commission shall be independent and separated from DECS.
B. Commission shall be dependent and work with DECS for educational development.
C. Commission shall not be connected with the Presidential office for any administrative and other
related functions.
D. Commission shall be connected with the Presidential office for administrative and non-
administrative functions.
ASSESSMENT
3. “ 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.”
To which section of Higher Education Act this clause was stated?
A. Section 1 C. Section 3
B. Section 2 D. Section 4
4. The commission should meet board of advisers for at least once a year. The following composed
the board of advisers, EXCEPT?
A. President of FAAP
B. President of the Philippines
C. Secretary of Trade and Industry
D. Secretary of Science and Technology
ASSESSMENT
5. There are a set of qualifications one must attain if one intends to be a commissioner in higher
education, as stated in Section 4 of RA 7722 the composition of the commission. What are the bases
for qualification?
I. Candidate in the election
II. Holders of earned Doctorate
III. Higher degree of professionalism
IV. Engaged in Higher Education for at least 10 years
A. I, II and III
B. I, III and IV
C. I, II and IV
D. II, III and IV
Higher education is confronting challenges, like the
economy is, about the need for a higher number of more
adequately trained, more highly educated citizenry.
-Margarete Spellings
