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Republic of the Philippines oS.
HOUSE OF REPRESENTATIVES

Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 4669

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Throughout the years, the Commission on Higher Education
(CHED) has been focusing heavily on state universities and
colleges. Although indeed problems in the public schools are
enormous and deserving of much attention, the CHED should not
lose sight of the whole picture. Private education also has its own
problems and areas for improvement which need to be addressed
and resolved as well. Yet, it cannot be denied that only limited
time is given to private schools.

Considering the dilemma faced by the private educational
institutions, it is about time that a bureau that will exclusively
cater to the needs of private education is created.

Through the creation of the Bureau of Private Schools for
Tertiary Education, all matters concerning private tertiary
education shall all be directed to a centralized department. 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 the private schools will be expedited.

ECEIVED @\



Clearly, the creation of the Bureau of Private Schools
promises efficiency and greater productivity. Moreover, it also
ensures that all problems ~ whether coming from public schools
or private, will be attended to indiscriminately. It is for this
reason that the approval of this Bill is hereby being sought.

Qn ¢, OM,

ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No.4G669_

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 2014.

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 institution 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 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 on higher education and research;

b. formulate and recommend development plans, policies,
priorities and programs on research;

c. 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;

e. 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;

g. 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 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

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
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 abridgment of
curricular freedom of the individual educational institutions by
the Bureau shall be made except for:

(a) minimum unit requirements for specific 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 are 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 out its powers and
functions and to attain its objectives. Provided, That the CHED
may at any time order the Bureau to desist from exercising
certain powers or functions that are inconsistent with that of
CHED and other government agencies.

SECTION 12. Budget Appropriation. The funding for the
creation of the Bureau of Private School 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.