Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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SIXTEENTH CONGRESS TINE:
Second Regular Session BB:
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House Bill No. § G74 Ne: Py

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

In the Declaration of Policy under Section 2 of Republic Act No. 7722, otherwise known
as the “Higher Education Act of 1994,” the State manifested its duty to “protect, foster, and
promote the right of all citizens to affordable quality education at all levels” and to “take
appropriate steps to ensure that education shall be accessible to all.” Pursuant to this policy,
said Act established the Commission on Higher Education (CHED) to ensure equitable access
and superior quality of learning in Philippine tertiary education.

‘Two decades after the promulgation of RA 7722, inequity in higher education remains
to be a crucial issue in the fight for education rights. According to the 2010 Annual Poverty
Indicators Survey, there are more than 4.5 million out-of-school youth aged 16-24 who are
currently out of school, are not gainfully employed, and have not finished a college or post-
secondary course. Among these out-of-school youth, the top reason for not attending school, as
indicated by almost one-third of survey respondents, is the high cost of education. Considering
that more than three-fourths of the six million-plus out-of-school youth in the Philippines come
from the poorest half of the total population in terms of per capita income, it is clear that most
marginalized segments of our population ~ the people who stand to benefit most from expanded
access to tertiary education ~ are, ironically, the ones whose right to education are being
ignored

Unfortunately, the cost of completing a college degree is increasing with each passing
year. 287 private higher educational institutions increased the tuition fees charged to students
for the current academic year, with increase rates reaching as high as 67% compared to the
year before. Rules and regulations concerning the imposition of increased tuition fees,
including CHED Memorandum Order No. 3, s. 2012, have not done enough to address this
alarming increase in the cost of higher education, especially the various non-tuition fees that
are not covered under the CHED order, As the constitutional and statutory right of each and
every Filipino to equitable access to quality education at the tertiary level continues to be
assailed, it is imperative for the State to grant expanded protection to this fundamental human
right

With these concerns in mind, this legislation seeks to promote justice and equity in
higher education by expanding the composition, functions, powers, and mandate of the


Commission on Higher Education. Specifically, we propose the following amendments to RA
1722:

(a) Student Commissioner ~ An additional commissioner shall be appointed from the
student sector, ensuring that the primary stakeholders in higher education have a
voice in crafting policies and promulgating regulations in pursuance of the
Commission's mandate

(b) Expanded Powers and Functions - The mandate of the Commission shall be
expanded to expressly include the promotion and protection of the Filipino’s right to
tertiary education. The Commission shall be responsible for actively regulating
tuition and other fee increases, and it shall have the duty to disapprove any fee
increase that is unreasonable, exorbitant, or prejudicial to the students’ right to
education.

(c) Auditing Body - An auditing body shall be established under the Commission, it
primary duty being to ensure that higher educational institutions are complying
good faith with provisions of law, administrative orders, and other regulations
meant to regulate and control the imposition of fee increases. Institutions found to
be non-complaint shall be disallowed from increasing their fees for a period of three
(3) years.

Ensuring equitable access to quality education for Filipinos from all walks of life is a
solemn obligation imposed upon the State by the Constitution. Considering the current status
of affairs, this is an obligation that the State has failed the adequately perform in the context of
tertiary education. As the future of our proud Nation, our young men and women deserve to be
provided with the opportunity to graduate from college, find meaningful employment, and make
their own contributions to growth and progress in Philippine society. This legislation is the first
step in compelling the State, through its Commission on Higher Education, to take a more
proactive role in defending and advancing the fundamental right to tertiary education.

In the name of justice and equity for the youth, support for the passage and approval of
this legislation is earnestly sought,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 9674

Introduced by Honorable Sherwin T. Gatchalian
AN ACT

PROMOTING EQUITY AND JUSTICE IN HIGHER EDUCATION BY
PROVIDING FOR STUDENT REPRESENTATION IN THE COMMISSION OF

HIGHER EDUCATION AND BY EXPANDING THE POWERS OF THE
COMMISSION TO REGULATE INCREASES IN TUITION AND OTHER FEES,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7722, OTHERWISE
KNOWN AS THE “HIGHER EDUCATION ACT OF 1994”

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

Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Equity and
Justice in Higher Education Act”.

SEC, 2. Student Commissioner. - Sections 4 and 5 of Republic Act No.
7722, otherwise known as the “Higher Education Act of 1994,” are hereby
amended to read as follows:

SEC. 4. Composition of the Commission, ~The Commission
all be composed of [five (5)] SIX (6) full-time members. The
President shall appoint a Chairman of the Commission and
four (4) REGULAR commissioners, who shall be holders of
earned doctorate(s), who have been actively engaged in
higher education for at least ten (10) years, and must not
have beeh candidates for elective positions in the elections
immediately preceding their appointment. They shall be
academicians known for their high degree of professionalism
and integrity who have distinguished themselves as
authorities in their chosen fields of learning. The members of



the Commission shall belong to different academic
specializations.

THE PRESIDENT SHALL ALSO APPOINT ONE (1)
STUDENT COMMISSIONER, WHO MUST BE (30) YEARS
OF AGE OR BELOW AT THE TIME OF APPOINTMENT,
WHO SHALL BE A DULY ENROLLED STUDENT IN ANY
UNDERGRADUATE, GRADUATE, OR POST-GRADUATE
DEGREE PROGRAM AT A UNIVERSITY OR COLLEGE IN
THE PHILIPPINES. HE OR SHE SHALL BE AN
INCUMBENT OR FORMER PRESIDENT OR CHAIRPERSON
OF THE HIGHEST STUDENT GOVERNMENT BODY OF
HIS OR HER UNIVERSITY, OR AN INCUMBENT OR
FORMER STUDENT REPRESENTATIVE TO THE BOARD
OF REGENTS OF HIS OR HER SCHOOL. HE OR SHE
MUST BE A RESPECTED STUDENT LEADER WITH
UNIMPEACHABLE INTEGRITY, AND MUST POSSESS AN
IMPRESSIVE TRACK RECORD IN PROMOTING
STUDENTS RIGHTS AND WELFARE.

In no case shall any and all of the Commissioners appoint
representatives to act on their behalf.

The President shall appoint the full-
time anit man and the REGULAR commissioners for a term
of four (4) years, without prejudice to one reappointment.
The terms of the initial appointees shall be on a staggered
basis: the full-time chairman shall hold office for a term of
four (4) years, the next two (2) commissioners for three (3)
years, and the last two (2) commissioners for two (2) years.

THE PRESIDENT SHALL APPOINT THE STUDENT
COMMISSIONER TO A TERM OF ONE (1) YEAR WITHOUT
POSSIBILITY FOR REAPPOINTMENT.

The commissioners shall hold office until their successors
shall have been appointed and qualified. Should a member of
the Commission fail to complete his term, his successor shall
be appointed by the President of the Philippines but only for
the unexpired portion of the term.



SEC. 3. Expanded Powers and Functions. ~ \ new paragraph is hereby
inserted in Section 8 of Republic Act No. 7722, to read as follows:

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

XxX,

P. PROMOTE AND DEFEND THE RIGHT OF EVERY
FILIPINO TO EQUITABLE ACCESS TO TERTIARY
EDUCATION BY REGULATING THE IMPOSITION OF
TUITION AND OTHER FEES BY INSTITUTIONS OF
HIGHER LEARNING.

SEC. 4. Fee Increases. — A new Section 11-A is hereby inserted in
Republic Act No. 7722, to read as follows:

SEC. 11-A REGULATION AND DISAPPROVAL OF FEE
INCREASES. - TO ENSURE EQUITABLE ACCESS TO
TERTIARY EDUCATION, THE COMMISSION SHALL
STRICTLY REGULATE THE IMPOSITION OF
REASONABLE INCREASES IN TUITION AND OTHER FEES
CHARGED BY INSTITUTIONS OF HIGHER LEARNING,
PURSUANT TO CLEAR AND UNEQUIVOCAL GUIDELINES
PROMULGATED BY THE COMMISSION. IN CASES WHERE
AN INSTITUTION OF HIGHER LEARNING SHALL IMPOSE
AN EXORBITANT, UNREASONABLE, OR INADEQUATELY
JUSTIFIED INCREASE IN FEES TO THE DETRIMENT OF
ITS STUDENTS, THE COMMISSION SHALL EITHER
DISAPPROVE THE INCREASE OR LOWER THE
PROPOSED AMOUNT TO MITIGATE THE ADVERSE
EFFECTS ON THE STUDENTS’ RIGHT TO TERTIARY
EDUCATION.

ANY PROPOSED FEE INCREASE IN EXCESS OF
PREVALENT INFLATION RATES SHALL BE PRESUMED
TO BE UNREASONABLE AND MUST BE SUFFICIENTLY
JUSTIFIED BY THE INSTITUTION OF HIGHER LEARNING
PROPOSING SAID INCREASE.


SEC. 5, Audit of HEIs. - A new Section 11-B is hereby inserted in
Republic Act No. 7722, to read as follows:

SEC. 11-B. AUDITING BODY. - TO MONITOR THE
COMPLIANCE OF HIGHER EDUCATIONAL INSTITUTIONS
WITH GUIDELINES CONCERNING THE ALLOCATION OF
PROCEEDS DERIVED FROM THE IMPOSITION OF
TUITION AND OTHER FEE INCREASES, THE
COMMISSION SHALL ESTABLISH AN AUDITING BODY
UNDER THE OFFICE OF THE EXECUTIVE DIRECTOR.
THE AUDITING BODY SHALL BE RESPONSIBLE FOR
CONDUCTING A YEARLY AUDIT OF THE FINANCIAL
STATEMENTS OF EDUCATIONAL INSTITUTIONS TO
ENSURE COMPLIANCE WITH PERTINENT LAWS, AND
WITH RULES, REGULATIONS, AND ORDERS OF THE
COMMISSION.

INSTITUTIONS OF HIGHER LEARNING FOUND TO BE
NON-COMPLIANT WITH LAW OR COMMISSION
GUIDELINES ON PROPORTIONAL ALLOCATION OF
PROCEEDS FROM TUITION AND OTHER FEES
INCREASES SHALL BE PROHIBITED FROM IMPOSING
ANY FEE INCREASE OF ANY KIND FOR THREE (3)
YEARS FROM THE DATE ON WHICH THEY ARE FOUND
TO BE NON-COMPLIANT, WITHOUT PREJUDICE TO THE
IMPOSITION OF ADDITIONAL SANCTIONS AT THE
DISCRETION OF THE COMMISSION.

SE
the effectivity of this Act, the Commission on Higher Education

promulgate the implementing rules and regulations as may be nece:
ensure the efficient and effective implementation of this Act.

. 6. Implementing Rules and Regulations. ~ Within (60) days from
shall
ry to

SEC. 7. Appropriations. - The funds necessary for the initial
implementation of the provisions of this Act shall be sourced from the current
budget of the Commission. Thereafter, such amount necessary to effectively
carry out the provisions of this Act shall be included in the annual General
Appropriations Act.

SEC. 8. Separability Clause. ~ Should any part of this Act be declared
unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting.


SEC. 9. Amendatory Clause. - The pertinent provisions of Republic Act
No. 7722, otherwise known as the “Higher Education Act of 1994,” in so far as
they are inconsistent herewith, are hereby expressly amended or modified
cordingly.

SEC. 10, Repealing Clause. — The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are hereby
repealed, amended, or modified accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in at least two (2) national
newspapers in general circulation.