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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Third Regular Session
SENATE
S.B. No. 2492
Ti IAN 7:5 All '•12
(In substitution of Senate Bill No. 1744, taking into consideration House Bill No. 102K)
Prepared by the Committees on Higher, Technical and Vocational Education; Ways and 
Means; and Finance with Senators Villanueva, Cayetano and Angara as authors thereof
AN ACT
STRENGTHENING THE COMMISSION ON HIGHER EDUCATION, REPEALING 
FOR THE PURPOSE REPUBLIC ACT NO. 7722, OTHERWISE KNOWN AS THE 
"HIGHER EDUCATION ACT OF 1994", AND FOR OTHER PURPOSE
Be it enacted by the Senate and House of Representatives of the Phiiippines in Congress 
assembled:
SECTION 1. Short Title.
of 2022."
• This Act shall be known as the "Revised Higher Education Act
SEC. 2. Declaration of Policy. - The State shall protect, foster, and promote the right 
of all citizens to 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 professionals, and the 
enrichment of our historical and cultural heritage.
State-supported institutions of higher learning shall design their programs to support 
national, regional, and local development plans.
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.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Commission en banc refers to the policy-making body of the Commission on 
Higher Education (CHED) composed of the Chairperson and Commissioners sitting 
as a collegial body, which shall exercise the powers and discharge the functions 
mandated under this Act;


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(b) 
Higher education institution/s (HEI) refers to universities and colleges, 
whether private or public, undertaking operations of higher education program/s 
recognized by the CHED;
(c) 
Private HEIs refer to universities and colleges that have been duly incorporated, 
organized, and established in accordance with the provisions of Republic Act (R.A.) 
No. 11232, otherwise known as the "Revised Corporation Code of the Philippines";
(d) 
Public HEIs vdQv to state and local universities and colleges established by law 
or ordinance that offer higher education programs recognized by the CHED.
SEC. 4. Commission on Higher Education. - The Commission on Higher Education, 
hereinafter referred to as the Commission or CHED, created under Republic Act No. 7722, 
otherwise known as the "Higher Education Act of 1994," shall continue in the exercise of 
its powers and functions in accordance with the provisions of this Act.
The Commission shall be independent and separate from the Department of Education 
(DepEd) and attached to the Office of the President for administrative purposes only. It 
shall exercise oversight powers and reasonable supervision over all public and private 
HEIs, degree-granting programs in all public and private post-secondary educational 
institutions, and foreign HEIs, where applicable, except those to which the law has given 
the status of National University, those which are under the jurisdiction of the Bangsamoro 
Autonomous Region in Muslim Mindanao (BARMM) as provided under Republic Act No. 
11054, otherwise known as the "Organic Law for the Bangsamoro Autonomous Region in 
Muslim Mindanao," and those expressly removed by Congress from its jurisdiction: 
Provided, That the passage of this Act shall not diminish, reduce, or prejudice the support 
and funding from the national government enjoyed by all public HEIs in the BARMM prior 
to the passage of this Act.
All public HEIs shall remain to be governed by their own charters and existing laws.
SEC. 5. Composition of the Commission en banc. - The Commission en banc s\\aW 
be composed of five (5) full-time members consisting of the Chairperson and the four (4) 
Commissioners, sitting as a collegial body, and who shall be appointed by the President 
of the Philippines.
The Chairperson and the Commissioners shall have the following qualifications:
a) Holders of earned doctorate degrees, defined as Level 8 in the Philippine 
Qualifications Framework (PQF);
b) Actively engaged in higher education for at least ten (10) years, with at least five 
(5) years of managerial experience;
c) Must not have been candidates for any elective positions in the national or local 
election immediately preceding their appointment;
d) Known to possess the highest degree of professionalism and integrity; and


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e) Have distinguished themselves as authorities in their chosen fields of learning as 
professors, researchers, managers, administrators, professional practitioners, or 
other similar undertakings that can contribute to efficient and effective higher 
education governance.
The members of the Commission shall belong to different academic specializations.
Except as provided by law or otherwise herein provided, in no case shall the Chairperson 
or any or all of the Commissioners appoint representatives to act on their behalf.
SEC. 6. Term of Office. -The Chairperson and Commissioners shall serve for a term of 
four (4) years, without prejudice to one (1) reappointment.
They shall hold office until their successors shall have been appointed and qualified. In 
case a member of the Commission fails to complete a term, the successor shall be 
appointed by the President for a full four (4)-year term without prejudice to one (1) 
reappointment. In case of a re-appointee, time served in an acting or holdover capacity 
shall be counted as part of the new four (4)-year term.
The reappointment of the Chairperson and Commissioners shall be based on merit and 
track record of performance during iiis or her term of office.
SEC. 7. Rank and Emoluments. - The Chairperson shall have the equivalent rank of a 
Department Secretary and shall be a regular member of the Cabinet. The Commissioners 
shall have the rank of Undersecretaries. They shall be entitled to receive the 
corresponding compensation and other emoluments and shall be subject to the same 
conditions or disqualifications. Consistent with the provisions of Executive Order No. 292, 
otherwise known as the "Revised Administrative Code of 1987," they shall be allowed to 
receive honoraria and other benefits, subject to existing rules and regulations prescribed 
by the Commission on Audit.
SEC. 8. Duties and Responsibilities of the Chairperson. - Subject to pertinent laws 
and the policies and rules adopted by the Commission, the Chairperson shall:
(a) 
Act as the Chief Executive Officer of the Commission;
(b) 
Act as the Presiding Officer of the Commission en banc,
(c) 
Submit to the Office of the President the rules and regulations adopted by the 
Commission which require Presidential attention or action, including annual or 
other periodic reports;
(d) 
Direct the Executive Director, the Secretariat, and the Regional Directors in the 
performance or execution of the decisions and policies of the Commission en banc,
(e) 
Appoint focal persons and representatives of the Commission to advisory boards, 
councils, and similar bodies where the Commission is identified by law as an ex 
officio member; and


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(f) Subject to the approval of the Commission en banc, appoint advisers and create 
advisory bodies to advise and provide support to the office of the Chairperson and 
the Commission as a whole.
SEC. 9. Powers and Functions of the Commission. -The Commission shall exercise
the following powers and functions:
(a) 
Formulate a roadmap for Philippine higher education that sets the general direction 
for its development, including the formulation of educational policies and standards 
that ensure the accessibility and continuing improvement of tertiary education 
services, thereby ensuring the creation and development of locally responsive, 
innovative, and globally competitive graduates and lifelong learners;
(b) 
Engage in active coordination and dialogues with the DepEd and the Technical 
Education and Skills Development Authority (TESDA) with the aim of ensuring the 
consistency of policies, plans, and programs of each education subsector for the 
progressive and coherent development and improvement of the entire Philippine 
education system;
(c) 
Prepare and implement development plans, policies, priorities, and programs on 
higher education and research consistent with national and regional development 
goals and international human resource requirements to address job skills 
mismatch between education and industry requirements;
(d) 
Broaden access to quality higher education through programs and services, 
particularly for the disadvantaged students, such as but not limited to, indigenous 
peoples, poor and deserving students, and students from depressed areas, 
pursuant to Republic Act No, 10931 or the 'Universal Access to Quality Tertiary 
Education Act," and other related laws on student financial assistance;
(e) 
Direct the development and reform of higher education towards world-class 
standards, harmonization with the Association of Southeast Asian Nations (ASEAN) 
education plan, and international conventions and agreements;
(f) 
Enable the development of non-traditional higher education programs and delivery 
modes, including, but not limited to, flexible learning modalities, ladderized 
education, the Expanded Tertiary Education Equivalency and Accreditation 
Program, and other programs and modes of delivery as may be subsequently 
developed;
(g) 
Facilitate the development of sports and wellness programs in HEIs to produce 
globally competitive student-athletes, in coordination with the Philippine Sports 
Commission;
(h) 
Set the minimum standards and guidelines for programs and institutions for HEIs 
as recommended by panels of experts in their respective fields and subject to public 
hearing, and enforce the same;


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(i) 
Review, monitor, and evaluate the curricula and other academic programs of HEIs 
vis-a-vis their performances in various government licensure examinations and 
certifications;
(j) 
Identify, support, and develop centers of excellence in program areas needed for 
the development of world-class scholarships, including provision for faculty 
academic development in HEIs, nation-building, and national development;
(k) 
Accelerate the establishment of transnational higher education programs, the 
internationalization of higher education in the country, and the development of 
transnational higher education sector, consistent with Republic Act No. 11448, 
otherwise known as the "Transnational Higher Education Act";
(l) 
Exercise quasi-judicial powers in the pursuit of the mandate of the Commission;
(m) 
Develop and enforce a system of program compliance and impose necessary 
sanctions for cause provided by law and only after due process, such as imposition 
of fines or penalties, downgrading to permit status, non-recognition of 
accreditation, termination by closure or phase-out of higher education programs, 
or cessation of operations of HEIs which are not in compliance with the prescribed 
minimum policies, standards and guidelines (PSGs) set by the Commission or 
international conventions, whenever applicable: Provided, That no restraining 
orders or injunctions shall be issued upon Commission actions in the exercise of its 
quasi-judicial functions, except by the appellate courts after proper proceedings: 
Provided, further, That the welfare of students, faculty, and employees are given 
due consideration: Provided, finally. That the exercise of quasi-judicial power shall 
include the issuance of subpoena, summons, and initiation of contempt 
proceedings against recalcitrant parties under this jurisdiction;
(n) 
Upon consultation with the SUCs, coordinate with the Department of Budget and 
Management (DBM) the issuance of general guidelines on the use of their income;
(o) 
Set standards, policies, and guidelines for the creation of new HEIs as well as the 
conversion or elevation of schools to institutions of higher learning;
(p) 
Develop and implement standards and systems on reclassification, promotion, and 
professional development of personnel in public HEIs, in coordination with the DBM 
and the Civil Service Commission (CSC), and in consultation with the Philippine 
Association of State Universities and Colleges (PASUC), the Association of Local 
Colleges and Universities (ALCU), and the Coordinating Council of Private 
Educational Associations of the Philippines (COCOPEA), or equivalent institutions 
that may be formed in lieu of these organizations;
(q) 
Support HEIs in the implementation of the PQF for higher education, in 
coordination with the DepEd, TESDA, and other appropriate government agencies 
consistent with Republic Act No. 10968, otherwise known as the "PQFAct']
(r) 
Set guidelines for reasonable increases in tuition and other fees in private HEIs: 
Provided, That the Commission, through its regional offices, shall strictly monitortheir 
compliance with the guidelines set for ttiis purpose;


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(s) 
Provide directions and common standards for accrediting agencies;
(t) 
Conduct mediation, conciliation, settlement meeting, or conferences between H Els 
and students, teachers and staff involving academic issues, consistent with the 
provisions of Republic Act No. 9285, or the "Alternative Dispute Resolution Act of 
2004," and applicable rules and regulations;
(u) 
Administer the Higher Education Development Fund, as described in Section 15 
hereunder, and based on guidelines to be set by the Commission, approve projects 
funded thereby which will promote the development of public and private HEIs;
(v) 
Chair the governing boards of state universities and colleges, as provided by law, 
and provide recommendations to ensure that the Commission's PSGs are complied 
with and fully implemented by them;
(w) 
Establish a national registry for academic information and mobility, in conjunction 
with the Philippine Qualifications Register, and other relevant mechanisms for 
information sharing and dissemination locally or internationally, in coordination 
with other concerned government agencies;
(x) 
Develop criteria for allocating additional resources such as research and program 
development grants, scholarships, and other similar programs sourced from the 
Higher Education Development Fund of the Commission and other sources of 
funds;
(y) 
Authorize the periodic review of the organization, functions, mission, and structure 
of the Commission in light of social, economic, and technological changes, and 
propose the necessary interventions, including appropriate legislation; and
(z) 
Promulgate such rulesand regulations and exercise such other powers and functions 
as may be necessary to carry out effectively the purpose and objectives of this Act 
and the Commission, with a view to the effective operations and continued 
enhancement, growth, or development of higher education.
SEC. 10. Quasi-Judidal Powers of the Commission. - The Commission shall
exercise exclusive original jurisdiction over the following:
(a) 
Fraud or deceit committed in connection with the application for and grant by the 
Commission of government permits or recognition and other incentives and 
qualifying procedures;
(b) 
Failure to comply with conditions or obligations prescribed by the Commission as 
minimum standards in operating academic coui'ses and programs;
(c) 
Unauthorized operation of a school or course, or any component thereof, or any 
violation of the requirement governing advertisements or announcements of 
educational institutions; and


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(d) Expulsion of a student, which results in the total disqualification of a student from 
enrolling in any HEI.
Pursuant to its quasi-judicial powers, the Commission shall have the power and authority 
to:
(a) 
Promulgate rules and regulations governing the hearing and disposition of cases 
before it and its regional offices;
(b) 
To administer oaths, summon parties to a controversy, issue subpoenas requiring 
the attendance and testimony of witnesses, or the production of such books, 
papers, contracts, records, statements of accounts, agreements, and other 
documents as may be material to a just determination of the matter under 
investigation or hearing; and
(c) 
To hold any person in contempt, directly or indirectly, and impose appropriate 
penalties therefor; and
(d) 
To enjoin any or ail acts involving or arising from any case pending before it which, 
if not restrained forthwith, may cause grave or irreparable damage.
The finding of a violation committed by an HEI shall not be taken against its students, 
teachers, and employees who believe in good faith that the HEI actedinconformity with the 
standards and guidelines set by the Commission: Provided, /lotvei'er, That upon issuance by 
the Commission of a notice to the public regarding the HEI's noncompliance with policies and 
standards of the Commission, including the sanctions imposed on HEIs, the general public 
shall be bound thereby, and no presumption of good faith shall be enjoyed thereafter by 
existing or new students, faculty and employees.
SEC. 11. Secretariat and the Executive Director. - The Commission shall have a 
Secretariat, which shall be headed by an Executive Director. The Commission shall fix the 
Secretariat's staffing pattern, determine the duties, qualifications, responsibilities, and 
functions, as well as the compensation scheme for the positions to be created, upon the 
recommendation of the Executive Director and subject to the evaluation and approval of 
the DBM, It shall also prepare and approveits budget,
The Executive Director shall have at least five (5) years of administrative or technical 
experience in the areas of policies and standards development, management, public or 
private administration and policy, and human resource development, among others. 
He/she shall have the rank and emoluments of an Assistant Secretaiy. He/she shall be 
appointed by the President upon the recommendation of the Commission en banc.
SEC. 12. Central Office Operation. - The Commission shall have a central office, in 
accordance with the Revised Administrative Code of 1987 and other pertinent laws and 
issuances, to support the fulfillment of the powers and functions of the Commission at the 
national level. The office shall be headed by a qualified Director and Assistant Director, 
subject to the evaluation and approval by the DBM.
SEC. 13. Regional Operations. - The Regional Offices of the Commission are headed by 
Regional Directors with the rank and emoluments of Director IV to be appointed by the 
President.
The Regional Offices of the Commission shall be under the direct control and supervision
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of the Chairperson and shall have the following functions:
(a) 
Implement the programs of the Commission in the regional level, as well as In 
highly urbanized cities, which are under their jurisdiction;
(b) 
Develop and recommend programs for regional and local-level implementation 
within the policies set by the Commission;
(c) 
Facilitate the implementation of the Universal Access to Quality Tertiary Education 
Act, including disbursement of checks; and
(d) 
Perform such other duties and functions as may be deemed necessary.
The Regional Director, or his/her duly authorized representative, shall, upon invitation by 
the Board of Regents of a public HEI, sit as a resource person in the board meetings of 
the concerned public HEI in the region where the Regional Office has jurisdiction, to keep 
the regional director attuned and updated on the official activities and needs of the 
concerned public HEI.
There shall be a legal division in each Regional Office to ensure the effective discharge of 
its quasi-judicial powers and ensure action on legal matters within its jurisdiction, with 
corresponding additional staffing pattern, subject to review and approval by the DBM.
SEC. 14. Provincial Offices. - The Commission shall establish Provincial Offices to ensure 
the implementation of policies and programs across island groups and in remote areas. The 
Provincial Offices shall be headed by Provincial Directors, who shall have the rank and 
emoluments of a Director III. The Provincial Offices shall be underthe direct control and 
supervision of their respective Regional Directors and shall have the following functions:
(a) 
Implement the policies and programs of the Commission in the province which is 
under their respective jurisdiction;
(b) 
Review and recommend programs for implementation within their localities;
(c) 
Provide technical assistance to local government units in the governance of LUCs 
and the implementation of local government-initiated programs within their 
localities;
(d) 
Provide assistance in the implementation of the Universal Access to Quality Tertiary 
Education Act, including disbursement of checks for HEIs which are under their 
respective jurisdiction; and
(e) 
Perform such other duties and functions as may be authorized.
SEC. 15. Higher Education Development Fund. - The Higher Education 
Development Fund established under the Higher Education Act of 1994, hereinafter 
referred to as the Fund, shall be used exclusively to strengthen higher education in all 
regions of the country.
(a) The government shall continue to contribute to the Fund, as follows:


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(b)
(c)
1) The equivalent of forty percent (40%) annual share on the total gross 
collections of the travel tax;
2) The equivalent of thirty percent (30%) share of the annual collections from the 
Professional Registration Fee; and
3) The equivalent of one percent (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 an amount equivalent to not less than three percent (3%) 
but not more than five percent (5%) of their unimpaired surplus realized during 
the immediately preceding year; and
The Fund shall have a private portion to be raised from donations, gifts, and other 
conveyances, including materials, equipment, properties, and services by 
gratuitous title, which shall be tax-exempt, as provided in Section 21 of this Act.
SEC. 16. Management and Administration of the Higher Education 
Development Fund. - The Fund shall be administered by the Commission. For sound 
and judicious management of the Fund, the Bureau of Treasury under the Department of 
Finance shall be the portfolio manager of the Fund.
As administrator of the Fund, the Commission shall prepare the necessary guidelines for 
its use, subject to the following conditions:
(a) 
No part of the seed capital of the Fund, including earnings thereof, shall be used 
to underwrite overhead expenses for administration;
(b) 
Unless otherwise stipulated by the private donor, only earnings of private 
contributions shall be used for administrative expenses;
(c) 
The Commission shall appoint and organize a separate Fund Office to be headed 
by a Director and to be composed of units responsible for resource mobilization, 
planning and programs, monitoring and evaluation, and finance and 
administration, among others, subject to evaluation and approval of the DBM. 
Since the Fund comes from contributions from the government and private sector, 
the Fund Office shall be independent administratively and budgetarily separate 
from the Commission Secretariat; and
(d) 
The Fund shall be utilized equitably according to regions to strengthen higher 
education institutions and support priority programs. In no case shall the Fund be 
utilized for purposes benefitting individuals other than those earmarked for 
developmental purposes under the guidelines set by the Commission.
SEC. 17. Technical Panels. - The Commission shall reconstitute or organize technical 
panels for different disciplines and academic program areas, which shall include 
representatives from PASUC, COCOPEA, and ALCU, or equivalent institutions that may be 
formed in lieu of these organizations, as well as representatives from the industry. They


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shall assist the Commission in setting standards and evaluating academic programs for 
regulatory and development purposes. The technical panels are composed of individuals 
highly recognized in their fields of expertise and who shall be tasked with the formulation 
of roadmaps for the development of disciplinal and degree programs, which shall be in 
line with the roadmap for Philippine higher education; review, revise, and update PSGs 
based on the policy direction set by the Commission; and serve as resource persons of 
the Commission in its various activities.
The technical panels shall serve as advisoiy or recommendatory bodies for a specific 
discipline or related program and whose recommendations are subject to the approval of 
the Commission en banc.
SEC. 18. Guarantee of Academic Freedom. - Nothing in this Act shall be construed 
as limiting the academic freedom of HEIs. In particular, no abridgment of curricular 
freedom of the HEIs shall be made except for;
(a) 
Minimum unit requirements for specific academic programs;
(b) 
General education distribution requirements as may be determined by the 
Commission; and
(c) 
Specific professional subjects as may be stipulated by various licensing entities.
Academic or curricular restrictions not required from public HEIs shall likewise not be 
imposed upon private HEIs.
Publicand private HEIs must comply with the mandatory minimum institutional and program 
standards set by the Commission en banc.
SEC. 19. Guarantee of Religious Freedom. - No higher education student, faculty, or 
othermembersoftheacademiccommunityshall be prohibited from exercising their right to 
religious freedom in the HEI or any of its campuses.
SEC. 20. Incentives for Accreditation. - The Commission shall provide incentives to 
public and private HEIs whose psoposed programs are accredited or whose needs are for 
accreditation purposes.
SEC. 21. Tax Exemptions. - Any donation, contribution, bequest, endowment, and 
grant which may be made to the Commission shall constitute as an allowable deduction 
from the income of the donor for income tax purposes and shall be exempt from donor's 
tax, subject to such conditions as provided under the National Internal Revenue Code, as 
amended.
Any subsidy received by HEIs from various government assistance programs, including, 
but not limited to, the grants provided under the Universal Access to Quality Tertiary 
Education Act, shall be excluded from gross income.
SEC. 22. Authority. - The Commission shall exercise such authority as may be deemed 
necessary within its premises or areas of operation to effectively carry out its powers and 
functions and attain its objectives: 
That the Commission may seek the assistance
of other government agencies for the proper implementation of this Act.
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SEC. 23. Periodic Review. - The Commission shall undertake a periodic assessment of its 
accomplishment and review and update the roadmap of Philippine Higher Education every 
ten (10) years. The updated roadmap shall be submitted to Congress and the Office of the 
President for the formulation of new policies necessary for the continuous modernization 
of higher education.
SEC. 24. Appropriations.- The amount necessary for the implementation of this Act shall 
be charged to the current year's appropriations of the Commission on Higher Education. 
Thereafter, such amount necessary for the continued implementation of this Act shall be 
included in the annual General Appropriations Act.
SEC. 25. Transitory Provisions. ~ Upon the effectivity of this Act, the incumbent 
Chairperson and Commissioners of the Commission shail serve as the Chairperson and 
Commissioners, respectively, without the need of new appointments, subject to the 
following conditions:
(a) 
The incumbent Chairperson and Commissioners serving their first terms upon the 
passage of this Act shail be deemed reappointed to serve a full term as provided 
under this Act, but shall not be qualified for reappointment; and
(b) 
The incumbent Chairperson and Commissioners serving their second terms upon 
the passage of this Act shail continue to serve only the remaining duration of the 
term they are currently serving and shall not be eligible for reappointment.
The incumbent Executive Director shall likewise seive as such without the need for a new 
appointment.
All officers and personnel of the Commission shall continue to perform their duties and 
responsibilities and receive their corresponding salaries and benefits. The approval of this 
Act shall not cause any demotion in rank or diminution of salary, benefits, and other 
privileges of the incumbent personnel of the Commission.
SEC. 26. Separability Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, the other provisions or parts hereof which are not affected 
thereby shall continue to be in full force and effect.
SEC. 27. Repealing Clause. - Republic Act No. 7722, otherwise known as the "Higher 
Education Act of 1994," is hereby repealed. All laws, presidential decrees, executive 
orders, rules and regulations, or parts thereof which are inconsistent with the provisions 
of this Act are hereby repealed, amended, or modified accordingly.
SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in a newspaper of general circulation.
Approved,
11