FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Reqular Session )

HOUSE OF REPRESENTATIVES

HB. No_3187

Introduced by Congressman JUAN EDGARDO M. ANGARA '

EXPLANATORY NOTE

Based on the facts cited by the Supreme Court in the case: Review Center Association
of the Philippines vs. Executive Secretary Eduardo Ermita and Commission on Higher
Education (CHED), licensure applicants who took the Nursing Board Examination in June 2006
wrote. the Professional Regulation Commission (PRC) to report that copies of two sets of
‘examinations were circulated during the examination period among the examinees reviewing at
certain review centers. The examinees were apparently provided with’a list of 500 questions
and answers in two of the examinations’ five subjects. The PRC later admitted the leakage and
traced it to two Board of Nursing members. On 19 June 2006, the PRC then released the results
of the Nursing Board Examinations. However, on 18 August 2006, the Court of Appeals
restrained the PRC from proceeding with the oath-taking of the successful examinees. As a
consequence, then President Gloria Macapagal-Arroyo ordered the examinees to re-take the
Nursing Board Examinations.

In view of the said anomaly committed by two (2) review centers, President Arroyo
issued Executive Order 566 on 08 September 2006, which authorized the CHED to supervise
the establishment and operation of all review centers and similar entities in the country.

Executive Order 566, however, was declared unconstitutional by the Supreme Court, on
the ground that the scope of said EO and its Revised Implementing Rules and Regulations
(RIRR) expanded the CHED’s coverage under RA 7722 or the Higher Education Act. Under the
said law, the CHED's coverage is limited to public and private institutions of higher education
and degree-granting programs in all public and private post-secondary educational institutions.
The Supreme Court ruled that a review center is not an institution of higher learning as
contemplated by RA 7722, and it does not offer a degree-granting program that would put it
under the jurisdiction of the CHED.

Given the pressing need to regulate review centers which would enable the government
to protect the public against substandard review centers and unethical practices of these review.
centers, this representation seeks to amend RA 7722 by expanding its coverage to include the
regulation and supervision of review centers and similar entities under CHED'’s jurisdiction,

In view of the foregoing, approval of this bill is eamestly sought.

JUAN EDG. M. “
Represents ”

Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B.No._ 3187

Introduced by Congressman JUAN EDGARDO M. ANGARA

AN ACT
AUTHORIZING THE COMMISSION ON HIGHER EDUCATION TO REGULATE THE
ESTABLISHMENT AND OPERATION OF REVIEW CENTERS AND SIMILAR ENTITIES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7722, OTHERWISE KNOWN AS
“HIGHER EDUCATION ACT OF 1994”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,

SECTION 1. Section 8 of Republic Act No. 7722 shall be amended to read as follows:

SEC. 3. Creation of the Commission on Higher Education. - In pursuance of the
abovementioned policies, the Commission on Higher Education is hereby created,
hereinafter referred to as the Commission. The Commission shall be independent and
separate from the [Department of Education, Culture and Sports (DECS)]
DEPARTMENT OF EDUCATION (DepEd) and attached to the Office of the Presidents
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, AND REVIEW CENTERS OR SIMILAR
INSTITUTIONS INTENDED TO.REFRESH AND ENHANCE THE KNOWLEDGE OR
COMPETENCIES AND SKILLS OF REVIEWEES.

SECTION 2. Section 8 of Republic Act No. 7722 shall be amended to read as follows:

Sec. 8. Powers and Functions of the Commission. — The Commission shall have the
" following powers and functions:

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{n) regulate review centers and similar entities, including but not limited to
the development and institutionalization of policies, standards, guidelines for the
establishment, operation and accreditation of review centers and similar entities;
maintain a mechanism to monitor the adequacy, transparency and propriety of
their operations; and institute reporting mechanisms to review performance and
ethical practice.

{0) 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

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


SECTION 3. Section 9 of the same Act shall likewise be amended to read as follows:

Sec. 9. The Secretariat. — The Commission shall organize a secretariat which
shall be headed by an executive officer, subject to the national compensation and
position classification plan. It shall fix the secretariat’s staffing pattem, 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 officer. It shall
also prepare and approve its budget. The Commission shall appoint the members of the
staff upon the recommendation of the executive officer.

To ensure the effective implementation of CHED’s regulatory power over
review centers, the CHED shall organize a permanent office for this purpose,
under its supervision, to be headed by an official with the rank of Director and to
be composed of highly competent individuals with expertise in educational’:
assessment, evaluation and testing; policies and standards development,
monitoring, legal and enforcement; and statistics as well as curriculum and
instructional materials development. The CHED shall submit the staffing pattern
and budgetary requirements for this purpose to the Department of Budget and
Management (DBM) for approval.

SECTION 4. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 5. Separability Clause. \f any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue
to be in full force and effect.

SECTION 6. Effectivity. This act shall take effect immediately after its publication in a national
newspaper of general circulation.

Approved,