HOUSE OF # WES
RECEIVED

27 JUL 2016

DATE

Republic of the Philippine:
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon C}ty

LIST |
SEVENTEENTH (17') CONGRES§ 5 j\) «A. «
First Regular Session

House Bill No, ©0714

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Throughout the years, the Commission on Higher Education
(CHED) has been focusing heavily on the improvement and
development of state universities and colleges. Indeed, problems in
the public schools are enormous and deserving of much attention,
however, the CHED should not lose sight of the bigger picture - that
our educational system, both public AND private have their own
unique problems, which the State needs to address and resolve.

Considering the proliferation of dilemmas faced by the private
educational institutions these days, it is about time for the creation
of a new bureau which will exclusively cater to the needs of private
educational system, private institutions, and the employees, officers,
teachers, academicians, and students therein.

Through the creation of the Bureau of Private Schools for
Tertiary Education, all matters concerning private tertiary education
shall be directed to a centralized institution. All concerns, problems,
transactions, and activities relating to private colleges and
universities will now be heard and catered to immediately by the
said Bureau. By doing this, the CHED’s load of work will definitely


be reduced. On the other hand, meeting the concerns of private
schools will be expedited.

Clearly, the creation of the Bureau of Private Schools promises
efficiency and greater productivity. Moreover, it also ensures that
problems coming from private school will be attended to by an
institution of the State, for after all, educational system, although
privately owned or managed, is imbued with public interest. It is for
this reason that the approval of this bill is hereby being sought.

ann 6. O*W,

ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

2071

House Bill No.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT ESTABLISHING A BUREAU OF PRIVATE SCHOOLS TO
ADMINISTER, SUPERVISE, AND REGULATE PRIVATE
UNIVERSITIES, COLLEGES, SCHOOLS AND OTHER PRIVATE
INSTITUTIONS OFFERING TERTIARY EDUCATION IN THE
COUNTRY, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES.

SECTION 1. Title. This Act shall be known as the “Bureau of
Private Schools for Tertiary Education Act of 2016.”

SECTION 2. Declaration of Policy. The state shall protect,
foster, and 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. All institutions of higher learning shall exemplify
through their physical and natural surroundings the dignity and
beauty of, as well as their pride in, the intellectual and scholarly life.

SECTION 3. Coverage and Limitation. It is understood that the
provisions of this act shall only cover activities and other concerns


or matters relating to private colleges, universities, and other private
institutions offering higher education. The Bureau shall be under
the direct control and supervision of the Commission on Higher
Education and in no case shall the former interfere or transgress
with the powers of the Commission on Higher Education (CHED).

SECTION 4. Creation of the Bureau. Pursuant to the
abovementioned policies, the Bureau of Private Colleges is hereby
created, hereinafter referred to as the Bureau. The Bureau shall be
responsible for administering, supervising, and regulating all private
universities, colleges, or other private institutions offering tertiary
education. The Bureau shall be under the direct control of the
CHED but it shall function mainly for the purpose of centralizing
the administration of all concerns relating only to private schools.

SECTION 5. Composition of the Bureau. ‘The Bureau shall be
headed by a Director General and shall have four (4) Assistant
Directors. For each region there shall be an appointed Regional
Director. Upon approval of this act, the President of the Republic of
the Philippines shall appoint the Director General, who shall head
the Bureau, the four (4) Assistant Directors and the Regional
Director for each region. The Director General and the Assistant
Directors and Regional Directors must be a holder of post-graduate
degrees and should not have been candidates for elective positions
in the elections immediately preceding their appointment.

SECTION 6. Term of Office. The President shall appoint the
Director General and the other Assistant Directors and Regional
Directors and they shall hold office until their successors shall have
been appointed and qualified.

SECTION 7. Powers and Functions of the Bureau. With respect
to private colleges and/or universities, the CHED shall devolve the
following powers and functions to the Bureau:

a) Formulate and recommend development plans, policies,
priorities, and programs in higher education and
research;


b) 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;
d) Set minimum standards for programs and institutions of
higher learning recommended by panels of experts in the
field and subject to public hearing, and enforce the
same;
Monitor and evaluate the performance of programs and
institutions of higher learning for appropriate incentives
as well as the imposition of sanctions such as, but not
limited to, diminution or withdrawal of subsidy,
recommendation on the downgrading or withdrawal of
accreditation, program termination or school closure;

f} Identify, support, and develop potential centers of

excellence in program areas needed for the development

of world-class scholarship, nation building and national
development;

Rationalize programs and institutions of higher learning

and set standards, policies, and guidelines for the

creation of new ones as well as the conversion or
elevation of schools to institutions of higher learning,
subject to budgetary limitations and the number of
institutions of higher learning in the province or region
where creation, conversion or elevation is sought to be
made;

h) Review the policies, guidelines, and other rules and
regulations issued by universities, colleges, and other
institutions of higher learning including — the
chairmanship and membership of their governing bodies
and recommend appropriate measures as a basis for
necessary action;

i) Promulgate such rules and regulations and exercise
such other powers and functions as may be necessary to
carry out effectively the purpose and objectives of this
act; and

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j) Perform such other functions as may be necessary for its
effective operations and for the continued enhancement,
growth or development of higher education.

SECTION 8. The Technical Panels. The Technical Panels
constituted and/or organized by CHED for different
disciplines/program areas shall also assist the Bureau in setting the
standards and in program and institution monitoring and
evaluation, The technical panels shall be composed of senior
specialists or academicians as evaluated, approved or appointed by
the CHED.

SECTION 9. Guarantee of Academic Freedom. Nothing in this
act shall be construed as limiting the academic freedom of private
universities and colleges, In particular, no abridgement of curricular
freedom of the individual educational institutions by the Bureau
shall be made except for:

a) Minimum unit requirements for specific and academic
programs;

b) General education distribution requirements as may be
determined by the Bureau and;

c) 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 universities.

SECTION 10. Accreditation, The Bureau shall provide
incentives to private institutions of higher learning whose programs
are accredited or whose needs for accreditation purposes.

SECTION 11. Authority. The Bureau shall exercise such
authority as may be deemed necessary within its premises or areas
of operation to effectively carry our its powers and functions to
attain its objectives. Provided, that the CHED may at any time order
the Bureau to desist from exercising certain powers and functions


that are inconsistent with that of CHED and other government
agencies.

SECTION 12. Budget Appropriation. The funding for the
certain Bureau of Private Schools shall be sourced from the budget
allotted to CHED and shall be included in the annual General
Appropriations Act.

SECTION 13. Implementing Rules and Regulations. The CHED
shall promulgate the Implementing Rules and Regulations to carry
out the provisions of this act.

Such rules and regulations shall take effect upon their
publication in three (3) newspapers of general circulation.

SECTION 14. Repealing Clause. All laws, presidential decrees,
letters of instructions, executive orders, rules and regulations
insofar as they are inconsistent with this Act, are hereby repealed or
amended as the case may be.

SECTION 15. Separability Clause. In the event that any
provision of this Act or any portion thereof is declared
unconstitutional by a competent court, the other provisions shall
not be affected thereby and shall remain valid and enforceable.

SECTION 16. Effectivity Clause. This Act shall take effect after
its complete publication in at least three (3) newspapers of general
circulation.

APPROVED