AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SEC. 1. Title. - This Act shall be known as the “Higher
Education Act of 1994”.
SEC. 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.
State-supported institutions of higher learning shall gear their programs to national, regional or local development plans.
Finally, 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. 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 public and private institutions of higher education as well as degree-granting
programs in all post-secondary educational institutions, public and private.
SEC. 4. Composition of the Commission. - The
Commission shall be composed of five (5) full-time members.
During the transition period which begins upon approval of this Act, the President may appoint the Secretary of Education,
Culture and Sports as ex officio chairman of the Commission for a maximum period of one (1) year. Thereafter, the President
shall appoint a Chairman of the Commission and four (4)
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 been 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.
In no case shall any and all of the Commissioners
appoint representatives to act on their behalf.
SEC. 5. Term of Office. - The President shall appoint the
full-time chairman and the 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 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. 6. Rank and Emoluments. - The chairman and the
commissioners shall have the rank of a Department Secretary
and Undersecretary, respectively. They shall receive the
compensation and other emoluments corresponding to those of
a Department Secretary and Undersecretary, respectively, and shall be subject to the same disqualifications.
SEC. 7. Board of Advisers. - There shall be constituted
a Board of Advisers which shall meet with the...