PowerPoint Presentation

A government agency or an authority to undertake or perform certain duties or function.

A group of people charged with certain duties.

ANSWER:

It is a preposition.It is a function word to indicate an agency.

ANSWER:

Advance in complexity or elaboration. Of education beyond the secondary level.

ANSWER:

The field of study that deals mainly with methods of teaching and learning in schools.ANSWER:

CHED

Relevant Laws for Teachers:Republic Act 7722

Prepared by:Elaine A. Aguda III-13 HC

REPUPBLIC ACT 7722

(Higher Education Act of 1994)- Created the Commission on Higher Education

The State Shall :Promote, protect and foster the right to accessible quality education protect academic freedom promote intellectual growth

*State-supported institutions of higher learning programs must be anchored on national, regional or local development plans

-Declaration of Policy (Section 2)-

Independent from DEpEd or previously known as DECS

Attached to the office of the president for administrative purposes only

Commission on Higher Education

- Section 3. Creation of the Commission of Higher Education-15

16

Scope/ Coverage:Public and private institutions of higher education

Degree-granting programs in all post-secondary educational institutions (Public and Private)

- Section 3. Creation of the Commission of Higher Education-

Composition (Structure) (Undersecretary)-Section 4. Composition of the Commission-

Composition (Structure) (Undersecretary)Maria Cynthia Rose B. Bautista, PH.D

Minella C. Alarcon, Ph.D.Alex B. Brillantes, Ph.D.Ruperto S. Sangalang, Ph.D.

QUALIFICATIONS:Doctorate degree holderAt least 10 years of active engagement in higher educationAcademicians known for high degree of professionalism

-Section 4. Composition of the Commission-

* The members of the commission belong to different academic specializationDistinguished authorities in their chosen fieldMust not have been candidates in elections before their appointmentQUALIFICATIONS:-Section 4. Composition of the Commission-

* If a member of the commission fails to complete his term, a successor shall be appointed by the president for only the unexpired portion of the term.TERM OF OFFICE:Chairman shall hold the office 4 years of termThe next two commissioners for 3 yearThe last two commissioners for 2 years-Section 5. Term of Office-Arsenio M. BalisacanSocioeconomic Planning Secretary

Board of Advisers

Arsenio M. Balicasan (NEDA Socioeconomic Planning Secretary)

(Chairman)(co-chairman)Hon. MARIO G. MONTEJOScience and Technology Secretary

President of the Federation of Accrediting Associations of the Philippines(FAAP)

HON. GREGORY L. DOMINGOTrade and Industry SecretaryLabor and Employment Secretary

Board of Advisers-Section 7. Board of Advisers-*2 additional members of the board of advisers may be appointed by the president upon the recommendation of the commission

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;

Powers and Functions

Powers and FunctionsSet 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

Powers and FunctionsIdentify, 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;

Powers and FunctionsRationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones conversion or elevation of schools to institutions of higher learning, subject to budgetary limitations and the number of institutions of higher learning

Develop criteria for allocating additional resources such as research and program development grants, scholarships, and the other similar programsPowers and FunctionsDirect 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 FundPowers and FunctionsReview the charters of institutions of higher learning and state universities and colleges and recommend appropriate measures as basis for necessary action;

Promulgate such rules and regulations and exercise such other powers and functions to carry out effectively the purpose and objectives of R.A. 7722;

Perform such other functions for its effective operations and for the continued enhancement, growth and development of higher education.Powers and Functions-Section 8. Powers and Functions of the Commission-

Headed by an executive officer who shall:fix the secretariats staffing patterndetermine duties, qualifications, responsibilities and functions as well as the compensation scheme for the positions.Prepare and approve secretariats budget.* The commission appoints the staff members upon the recommendation of the executive officerSecretariat-Section 9. The Secretariat

Seed capital of P500,000,00050 million for initial operation40% annual share on the total gross collections of the travel tax30% share of the collections from the Professional Registration FeeFund:-Section10. The Higher Education Development Fund-

Fund:1% of the gross sales of the lotto operation of the Philippine Charity Sweepstakes Office (PCSO)Government financing institutions identified and requested by the Commission may contribute to the Fund not less than 3% but not more than 5 % of their unimpaired surplusPrivate portion raised from donations, gifts, and other conveyances by gratuitous title-Section10. The Higher Education Development Fund-

The Commission appoints a reputable financial institution as portfolio management of the Fund subject to the following conditions. The commission prepares necessary guidelines for the use of the FundManagement and Administration of the Higher Education Fund-Section 11. Management and Administration of the Higher Education Fund-

Management and Administration of the Higher Education FundConditions:No part of seed capital for overhead expenses for administrationIf stipulated by private donors, only earning of private contributions shall be used for administrative expenses-Section 11. Management and Administration of the Higher Education Fund-

Conditions:The commission appoints and organizes a separate staff administratively and budgetarily separate from the Commission SecretariatThe fund shall be utilized according top regions and programs.Management and Administration of the Higher Education Fund-Section 11. Management and Administration of the Higher Education Fund-

Assist the commission in setting the standards and program and institution monitoring and evaluationSenior specialists/ academicians appointed by the CommissionTechnical Panels-Section 12. The Technical Panels-

Minimum unit requirements for specific academic programsGeneral education distribution requirements as may be determined by the CommissionExceptions to the Academic Freedom of Colleges and Universities-Section 13. Guarantee of Academic Freedom-

Specific professional subjects as may be stipulated by the various licensing entities. NO academic or curricular restriction shall be made upon private educational institutions which are not required for chartered state colleges and universitiesExceptions to the Academic Freedom of Colleges and Universities-Section 13. Guarantee of Academic Freedom-

Incentives for institutions of higher learning(public and private) whose programs are accredited or whose needs are for accreditation purposesAccreditation-Section 14.Accreditation-

Allowable deduction from the income of the donors taxDonors to the Commission are exempted to donors tax Tax Exemptions:-Section 15. Tax Exemptions -

AuthorityThe Commission shall exercise such authority as may be deemed necessary within its premises or areas of operation to effectively carry out its power and functions and to attain its objectives: PROVIDED it may seek assistance of other government agencies for the proper implementation of this Act.-Section 16. Authority-

AppropriationP500,000,000 appropriated for the seed capital of the fund

50,000,000 is authorized to be appropriated out of the funds in the National Treasury or out of the Philippine Amusement and Gaming Corporation funds for the initial operation

-Section 17. Appropriation-

Transitory BodyComposition:Secretary of DECSChair of the Senate Committee on Education, Arts and CultureChair of the House Committee on Education and CultureA representative of each of the association of Christian Schools and Colleges(ACSC)

Composition:Catholic Educational Association of the Philippines(CEAP)Philippine Association of State Universities and Colleges(PACU)Philippine Association of Private Technical Institutions(PAPTI)Transitory Body-Section 18. Transitory Provisions-

Shall facilitate the complete and full operation of the Commission which shall not be later than 3 months after the effectivity of this ActTransitory Body-Section 18. Transitory Provisions-

Before the Court is a petition for prohibition and mandamus assailing Executive Order No. 566 (EO 566)[1] and Commission on Higher Education (CHED) Memorandum Order No. 30, series of 2007 (RIRR).[2]Case

The issues raised in this case are the following: 1. Whether EO 566 is an unconstitutional exercise by the Executive of legislative power as it expands the CHEDs jurisdiction; and 2. Whether the RIRR is an invalid exercise of the Executives rule-making power.

The Issues

In June 2006, licensure applicants wrote the PRC to report that handwritten copies of two sets of examinations were circulatedduring the examination period among the examinees reviewing at the R.A. Gapuz Review Center and Inress Review Center.George Cordero, Inress Review Centers President, was then the incumbent President of the Philippine Nurses Association.The examinees were provided with a list of 500 questions and answers in two of the examinations five subjects, particularly Tests III (Psychiatric Nursing) and V (Medical-Surgical Nursing).The PRC later admitted the leakage and traced it to two Board of Nursing members.[3]On 19 June 2006, the PRC released the results of the Nursing Board Examinations.On 18 August 2006, the Court of Appeals restrained the PRC from proceeding with the oath-taking of thesuccessful examinees set on 22 August 2006.Consequently, President Gloria Macapagal-Arroyo (President Arroyo) replaced all the members of the PRCs Board of Nursing.President Arroyo also ordered the examinees to re-take the Nursing Board Examinations.On 8 September 2006, President Arroyo issued EO 566 which authorized the CHED to supervise the establishment and operation of all review centers and similar entities in the Philippines.

On 3 November 2006, the CHED, through its then Chairman Carlito S. Puno (Chairman Puno), approved CHED Memorandum Order No. 49, series of 2006 (IRR).[4]In a letter dated 24 November 2006,[5]the Review Center Association of the Philippines (petitioner), an organization of independent review centers, asked the CHED to amend, if not withdraw the IRR arguing, among other things, that giving permits to operate a review center to Higher Education Institutions (HEIs) or consortia of HEIs and professional organizations will effectively abolish independent review centers.

On 8 October 2007, the CHED issued Resolution No. 718-2007[10]referring petitioners request to exclude independent review centers from CHEDs supervision and regulation to the Office of the President as the matter requires the amendment of EO 566.In a letter dated 17 October 2007,[11]then CHED Chairman Romulo L. Neri (Chairman Neri) wrote petitioner regarding its petition to be excluded from the coverage of the CHED in the RIRR.To exclude the operation of independent review centers from the coverage of CHED would clearly contradict the intention of the said Executive Order No. 566.

On 23 April 2008, a Motion for Leave of Court for Intervention In Support of the Petition and a Petition In Intervention were filed by CPA Review School of the Philippines, Inc. (CPAR), Professional Review and Training Center, Inc. (PRTC), ReSA Review School, Inc. (ReSA), CRC-ACE Review School, Inc. (CRC-ACE), all independent CPA review centersoperating in Manila (collectively, petitioners-intervenors).Petitioners-intervenors pray for the declaration of EO 566 andthe RIRR as invalid on the ground that both constitute an unconstitutional exercise of legislative power.The Court granted the intervention in its 29 April 2008 Resolution.[16]On 21 May 2008, the CHED issued CHED Memorandum OrderNo. 21, Series of 2008 (CMO 21, s. 2008)[17]extending the deadlinefor six months from 27 May 2008 for all existing independent review centers to tie-up or be integrated with HEIs in accordance with the RIRR.

The scopes of EO 566 and the RIRR clearly expand the CHEDs coverage under RA 7722.The CHEDs coverage under RA 7722 is limited topublic and private institutions of higher education and degree-granting programs in all public and private post-secondary educational institutions.EO 566 directed the CHED to formulate a framework for the regulation of review centers and similar entities.The definition of a review center under EO 566 shows that it refers to one which offers a program or course of study that is intended to refresh and enhance the knowledge or competencies and skills of reviewees obtained in the formal school setting in preparation for the licensure examinations given by the PRC.It also covers the operation or conduct of review classes or courses provided by individuals whether for a fee or not in preparation for the licensure examinations given by the PRC.A review center is not an institution of higher learning as contemplated by RA 7722.It does not offer a degree-granting program that would put it under the jurisdiction of the CHED

Petition granted. Executive Order No. 566 and Commission on Higher Education Memorandum Order No. 30, series of 2007 VOID for being unconstitutional.

Verdict

REASONS:The scopes of EO 566 and the RIRR clearly expand the CHEDs coverage under RA 7722.The CHEDs coverage under RA 7722 is limited topublic and private institutions of higher education and degree-granting programs in all public and private post-secondary educational institutions.A review center is not an institution of higher learning as contemplated by RA 7722.It does not offer a degree-granting program that would put it under the jurisdiction of the CHED

There is no law granting the President the power to amend the functions of the CHED.The President may not amend RA 7722 through an Executive Order without a prior legislation granting her such power.

The President has no inherent or delegated legislative power to amend the functions of the CHED under RA 7722.Legislative power is the authority to make laws and to alter or repeal them,[32]and this power is vested with the Congress under Section 1, Article VI of the 1987 Constitution which states:Section 1.The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Reasons:

Since EO 566 is an invalid exercise of legislative power, the RIRR is also an invalid exercise of the CHEDs quasi-legislative power.Administrative agencies exercise their quasi-legislative or rule-making power through the promulgation of rules and regulations.[36]The CHED may only exercise its rule-making power within the confines of its jurisdiction under RA 7722.The RIRR covers review centers and similar entities which are neither institutions of higher education nor institutions offering degree-granting programs.

Reasons:

Ched Closes Nursing Courses Of 6 Southern Mindanao Schools

DAVAO CITYThe Commission on Higher Education (CHEd) has ordered at least six schools in Southern Mindanao to stop offering nursing courses starting in June due to the mediocre performance of their graduates in recent nursing board examinations.Raul Alvarez Jr., CHEd regional director, said here on Wednesday that the six schools, which he would not name except to say that most of them operate in the city, could not satisfy the 30-percent passing rate requirement that the CHEd had set for nursing schools.Alvarez said another reason that the CHEd ordered them to stop offering nursing was their failure to comply with CHEd rules. Alvarez, however, refused to say what the violations were.

Application of Power :

He said one of the six schools that the CHEd had ordered to stop offering nursing was seeking a temporary restraining order from a local court.Alvarez said in Southern Mindanao alone, at least 10 schools had stopped offering the course due to low passing rates of graduates in nursing board exams and other problems with CHEd. He did not say what these problems were.He said the CHEd also issued a memorandum to at least 30 other schools offering nursing in Southern Mindanao because from 2010, it was noted that their passing percentage was lower than what was required.Alvarez also said the CHEd would take legal action against schools that would increase tuition this year without fulfilling requirements first.The CHEd is requiring private schools to submit letters of intention to raise tuition until Feb. 28. In Southern Mindanao, however, only 30 of 92 private schools have submitted those letters, Alvarez said.He said the CHEd was assuming that the 62 schools that did not submit the letters would not increase their tuition. If they do, Alvarez said the schools would be taken to court.-Philippine Daily Inquirer-

Application of Power :

The Commission on Higher Education (CHEd) has allocated P1.763 billion, or more than 60 per cent ofits budget next year,to a group headed by Filipino Silicon Valley entrepreneur Dado Banatao for scientific researches by select American and Filipinoscientists.The newly-organized Philippine-California Advanced Research Institutes (PCARI) has been pre-selected as the sole recipient of CHEds entire P1.7 billionfunding forresearch and scholarship projects for next year.Thisrepresents 62per cent of CHEds total P2.78 billion proposed budget for next year.

Application of Power :

The grants will be controlled by PCARI and given to selected faculty of the University of California Berkeley (UCB), where Banatao and his wife sit in advisory bodies, and UC San Francisco (UCSF) and their counterpart Filipino scientists from top universities and research institutions here.Banatao serves as managing partner at Tallwood VC, a California-based venture capital firm that invests in IT start-ups.He also currently chairs the non-profit organization Philippine Development Foundation (PhilDev).Banataoserves aschairman of the College of Engineering Advisory Board and is a member of the UC Berkeley Chancellors Executive Advisory Council. HIs wife Maria is atrustee for the UC Berkeley Foundation.

-Philippine Daily Inquirer-

Application of Power :

Education is the most powerful weapon which you can use to change the world. Nelson MandelaIntelligence plus character-that is the goal of true education. Martin Luther King Jr.