Republic of the Philippines
HOUSE OF THE REPRESENTATIVES,
Quezon City

i FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8254

Introduced by: Hon. Alfredo A. Garbin, Jr., Rodel M. Batocabe and Christopher S. Co.

EXPLANATORY NOTE

The passage of this bill seeks to amend the RA 7722 or the Higher Education Act of
1994, by increasing the powers of the Commission on Higher Education (CHED) to regulate
the establishment and operation of college entrance examination review centers and similar
entities.

‘The State has the mandate to protect the right of all citizens to quality education at
all levels and shall take appropriate steps to make education accessible to all (Section 1,
Article XIV of the1987 Constitution). Pursuant to this provision, the State has the obligation
to ensure and promote quality education through the proper supervision and regulation of
the licensure examinations given through the various Boards of Examiners under the
Professional Regulation Commission.

The executive department has also recognized the necessity of regulating review
centers when it issued in 2006 Executive Order No. 566 which directs CHED to regulate the
establishment and operation of review centers and similar entities. However, in 2009, the
Supreme Court ruled that the EO is unconstitutional and invalid as it had expanded the
coverage of CHED's authority without authorizing legislation. Hence, this effort should be
instigated in the legislature by first expanding the powers of CHED to regulate review
centers and similar entities.

At present, there exists no regulatory framework or mechanism that oversees and
administers the establishment and operation of review centers and similar entities. The
recent cases of cheating, fraud, and estafa involving review centers have led to unfavorable
effects to the various professions, students, professionals, and the public interest and
welfare, in general.

There is a prevailing need to’ protect the public against substandard review centers
and unethical practices committed by some review centers. This can only be achieved
through a regulatory framework by the PRC, which is best equipped in enforcing the
establishment and operation of review centers and similar entities.

In light of these circumstances, the swift passage of this bill is earnestly sought.



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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

vouse sii no,__38254

Introduced by: Alfredo A. Garbin Jr., Rodel M. Batocabe, and Hon. Christopher S. Co

‘AN ACT AMENDING SECTION 3 AND 8 OF REPUBLIC ACT NO. 7722, OTHERWISE KNOWN AS THE
HIGHER EDUCATION ACT OF 1994, BY PROVIDING FOR THE REGULATION OF THE
ESTABLISHMENT OF REVIEW CENTERS

Be it enacted by the Senate and House of Representatives of the Phil
assembled:

pines in Congress

SECTION 1. Section 3 of the Republic Act No. 7722 is hereby 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), and attached to the Office of the President for administrative
Purposes only. its coverage shall [be both] INCLUDE 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 OFFERING COURSES FOR ENTRANCE
EXAMINATIONS TO INSTITUTIONS TO HIGHER EDUCATION AND POST-SECONDARY
EDUCATIONAL INSTITUTIONS.

SECTION 2. Section 8 of the Republic Act No. 7722 is hereby amended to read as follows:

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



{p) TO SUPERVISE, MONITOR, AND EVALUATE THE COMPETENCE, TRANSPARENCY,
PERFORMANCE, AND ETHICAL PRACTICES OF THE OPERATIONS OF REVIEW CENTERS AND
SIMILAR ENTITIES:

{[n}] q) 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

{0)] #) 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. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in
at least one (1) newspaper of general circulation.