I. Introduction
Beneath Article XIV of the Cosmetic of the Korea specifically below Sec. 1 states that “The State shall safeguard and promote the right of citizens to quality education at all levels and shall take ideal steps to make such education available to all. ” This means that every single citizen if at Level 1, two or three shall be qualified for quality education and that the authorities should take activities to ensure that this right from the constitution that is certainly granted for the citizen are not infringed which quality education will be presented and attainable to all.
To ensure that quality education is given towards the citizens of the Philippines, the us government had vested its forces to different management agency to ensure that this correct granted for the citizens will not be infringed. The Department of Education pertaining to Culture and Sports (DECS) is among the an management agency that was created to make certain that quality education is given towards the citizens by any means levels. In 1994, the commission upon Higher Education (CHED) was created to control mainly the higher education or otherwise known as the tertiary education.
The Commission rate is a physique independent and separate through the DECS, and attached to the Office of the Chief executive for management purposes only. Its insurance coverage shall be equally public and private institutions of higher education as well as degree-granting applications in all post secondary educational institutions, public and private.
As a Commission developed to govern the bigger education, this follows the mission of “gearing higher education towards the quest for better quality of life for a lot of Filipinos by emphasizing the acquisition of expertise and development of those expertise necessary to help to make individual a productive person in society. This shall speed up the development of high-level professionals that will search for fresh knowledge, and supply leadership in the various professions required with a dynamic and self ensuring economy. ” In short, the mission with the CHED is what is stated in Securities and exchange commission’s. 1 of Article XIV of the metabolic rate, which is to give quality education to the residents and make education available to the people.
In Sec. 2 of RA 7722, the same is usually mentioned. The state shall protect, foster, encourage the right of citizens to affordable quality education at all levels and shall consider appropriate procedure for ensure that education shall be available to all. The state of hawaii shall also ensure and protect academic freedom and shall enhance its work out and observation for the continuing perceptive growth, the advancement of learning and research, the introduction of responsible and effective management, the education of high-level and middle-level specialists and the richness of our famous and social heritage.
State-supported institutions better learning shall gear their particular programs to national, regional or neighborhood development programs. Finally, almost all institutions better learning shall exemplify through their physical and all-natural surrounding the dignity and beauty of as well as their very own pride in, the intellectual and educational life.
In short, the main mission or perhaps goal with the CHED is what is stated in Securities and exchange commission’s 1 of Article XIV of the metabolism, which is to present quality education to the general public and to guarantee its option of all.
Moreover, to achieve Securities and exchange commission’s. 2 of RA 7722, which is to make sure quality and accessible education, powers will be granted towards the CHED. A lot of powers which can be obtained transitory from the DECS, meaning the powers of DECS in governing tertiary education happen to be transferred to the CHED. This really is in Sec. 18 of RA 7722. Such employees, properties, property and financial obligations, functions and responsibilities of the Bureau better education, which includes those for higher and tertiary education and degree-granting vocational and technical programs in the regional offices, beneath the DECS and other government agencies having function similar to those of the Commission rate are herby transferred to the Commission. From this it is set up that the forces that were once granted to DECS in governing the tertiary education are hereby transferred to the CHED.
To make certain accessibility of education, probably the most prominent aspect will be the tuition fee. The rate from which the tuition fee is established is going to determine the accessibility with the school, therefore to ensure convenience for students, tuitions fees needs to be regulated by the CHED.
To be able to control the increase of tuition the implementation in the rules and regulation of Usa president Decree (PD) No . 451 was issued. This was to govern embrace tuition fee and also other school expenses of private universities beginning the college year 1975-1976. Under Sec. 2 of PD 451 “The Secretary of Education and culture has the expert to regulate on any increase or enhancements made on the costs of tuition fee and other institution charges collected from pupils or their parents by all personal schools. Any kind of increase or perhaps change in the approved rates, including new tuition fee and other university charges, of private schools shall not be effective without the prior approval of the Admin of Education and Traditions. Any breach shall be regarded as unlawful and subject to the penal supply of the law. “
Moreover, inside the implementation of RA 8292 or otherwise known as the Higher Modernization Act of 1997, which can be an act providing to get the uniform composition and powers with the governing boards, the manner of appointment term of business office of the president of chartered state universities and colleges and for other purposes. In pursuant to Sec. 5 of RA 8292, which is “the governing board shall have the pursuing specific power and obligations in addition to its basic powers of administration as well as the exercise of all the powers naturally to the panel of directors under Sec. 36 of BP Blg. 68, or else known as the Corporation Code of the Philippines. “
Furthermore, under section A of Sec. some the government panel “can sanction rules and regulations certainly not contrary to legislation as my own be essential to carry out the purposes and functions of the university or college”. Also Paragraph At the of Securities and exchange commission’s. 4 which usually specifies which the government plank shall “adopt and apply a socialized scheme of tuition and school charges for greater access to poor but worthy students. “
II. Definition of Conditions
a. ) Tuition Fee- covers the school charge for the program or topics enrolled in by simply students as indicated in the respective prospectuses, bulletins of information, or catalogues of private educational institutions, which may both be paid on a monthly, semestral, or perhaps yearly basis, or per unit or perhaps units.
m. ) Different school fees- include every miscellaneous service fees charged for many specific providers rendered by private educational institutions to college students, which may be paid either on a monthly semestral, or every year basis, because embodied in their respective prospectuses bulletins info, or brochures, which are accumulated and earmarked for the precise purposes designed pursuant to existing regulations, rules and regulations.
c. ) Current school Fees- means the tuition fee and other school fees of a private school as approved cya the admin of education and tradition.
d. ) Increase in Fees-means any dependency in the quantity of the current tuition fee or perhaps other school charges while defined in sub-sections a, b and c thus.
e. ) New Payment or Charge- means those which are made by new school or by existing schools, which are not included in their previously approved rates of faculty fees.
n. ) Personal school-includes most private education institutions properly authorized to use any training course by the admin of education and lifestyle
g. ) Student- refers to all enrollees in all level in a exclusive school
h. ) Institution Administration- contains all departments offices, or units of a private college.
III. Research Problem
The Commission on Advanced schooling (CHED) enacted an buy which prohibited tuition fee enhance by personal colleges and universities for school season 2001-2002. The Order of the CHED was based on the financial difficulty being experienced by many parents in sending their children to private colleges. A group of private colleges asked the purchase with respect to tuition, or it is increases for example. CHED maintains that with the Higher Education Act of 95 all functions and forces previously exercised by the DECS for higher education had been utilized in it.
The study problem is very clearly stated, it is to find out whether the buy of barring the increase of tuition was valid and whether the CHED did have power while previously practiced by the DECS.
IV. Research Methods
Upon the receiving the condition for the problem, the author instantly read the difficulty. Upon studying the problem, mcdougal carefully analyzed the problem and started to defeat keywords which may help the author in his search. Also, the author tried to determine what the key issues are, to be able to determine the way of where the research is going.
After carefully analyzing the challenge, the author composed down each of the possible keywords that can be used in the search. Mcdougal first frequented the collection of Entre ma Salle University. Upon going into the catalogue the author straight went to the other floor and search the Lex Libris, and the Phil. Juris. The writer entered the keywords inside the Lex law to be able to figure out what powers the CHED had and this can be how the creator knew of RA 7722 which is referred to as Higher Education Take action. The author quickly followed his search on the Jurisprudence thus found some instances that are related to the topic.
Needing for more information the author followed up his search in the internet. The author search from www.googles.com and was successful in locating many second resources about the higher education and also the tertiary education. As well, the author was able to find RA 8292 which can be another relevant act towards the research and is also known as the Degree Modernization Work of 97.
The problems found in the search was the deficiency of resources obtainable regarding the CHED. The CHED being enacted just 1994 made it extremely hard to find satisfactory resources inside the library as the author identified that the methods available in the library was mostly obsolete and does not cover the new provisions provided for the CHED. Thankfully, because of the internet the author was able to find the adequate resources necessary and will be capable of start composing the conventional paper.
V. Declaration of Problems
The main concern of this circumstance is whether or not the order to forbid the increase of tuition fee by Commission on Higher Education can be valid.
Yet , before the primary issue will be resolved, it must first always be shown set up power in Higher Education with the Department of Education intended for Culture and Sports was indeed utilized in the Commission of Higher Education and thus providing CHED the authority to manage tuition service fees.
VI. Exploration of Issues
A. Whether or not the electricity on Degree of the Office of Education for Tradition and Athletics was without a doubt transferred to the Commission of Higher Education.
In determining if the power of DECS on regulating tertiary education was indeed transferred to the CHED, the provisions about RA 7722 should be closely examined.
It is important that this issue be established because this will identify whether CHED has the power to issue such order sometime later it was on, enable to determine whether the order was indeed valid.
In evaluating the procedures of RA 7722 specifically SEC. 18, there was without a doubt the transfer of power from the DECS to the CHED in regulating the tertiary education. Securities and exchange commission’s. 18 is as follow:
Transitory Provisions- These kinds of personnel, real estate, assets, and liabilities, capabilities and required the Bureau of Higher Education, including these for higher and tertiary education and degree-granting vocational and technical programs inside the regional office buildings, under the Division of Education, Culture and Sports, and also other government choices having features similar to those of the Commission payment are hereby transferred to the Commission.
The Commission shall have the authority to appoint its own workers.
All frequent or permanent employees transferred to the Percentage shall not go through any loss in seniority or rank or perhaps decrease in emoluments. Personnel with the Bureau better Education not really otherwise transferred to the Commission payment shall be reassigned by the DECS in any of its business office and bureaus: Provided, however , That, any kind of employee who also cannot be accommodated shall be provided all the benefits as could possibly be provided underneath existing regulations, rules and regulations
Legal system over DECS-supervised or chartered state-supported post-secondary degree-granting business and technical programs and tertiary establishments shall be used in the Commission payment.
Inside the Section excerpted above, it can be basically discussing the capabilities that are being used in the CHED by the DECS. It particularly states the fact that governing benefits of DECS in tertiary education will be used in the CHED thereby supplying the CHED the same electrical power as the DECS experienced on the tertiary education or more education.
Furthermore, the section enumerates the delegation of the worker because of the enactment about CHED. The provisions evidently specify regulations in favor of the employees and that in the event they are not transferred to the CHED, they shall keep with the DECS without losing all their seniority legal rights.
From Section 18 of RA 7722 alone it is established that powers in the DECS were transferred to the CHED, thus giving the CHED the power to do something, and put into action rules and regulations.
W. Whether or not the order to prohibit the increase of tuition fee by the Commission on Degree is valid.
Now that it is established the power of DECS was certainly transferred to the CHED. It is clear that CHED will have all the power to govern the larger education and also the tertiary education. However , the problem whether the so that it will prohibit the increase of tuition is valid, still remains.
To determine if the order granted is valid or broken, the author explored on the legislation governing the powers of the Secretary of Education, and as well researched on Jurisprudence that dealt with query of the validity of the purchase of the Admin of Education.
In the hunt for the laws and regulations governing the power of the Secretary of Education, the specialist found two laws that gave the Secretary of Education the authority to regulate the increase about tuition costs. The initially law becoming from SEC. 2 of PD No . 451. “The Secretary of Education and Culture gets the authority to regulate any enhance or difference in the rate of tuitions as well as other university fees or charges collected from learners or learners and/or their very own parents by simply all exclusive schools, colleges, and universities”
Likewise in SEC. 57 and 70 of Batasang Pambansa Blg. 232 or otherwise referred to as Education Act of 1982 the same is definitely mentioned. In Sec. 57 paragraph several it declares that “the Ministry shall promulgate rules and regulations necessary for the administrations, direction and regulation of the educations system in accordance with declared get together. ” And Sec. seventy states “The Minister of Educatoin and Culture, recharged with the supervision and enforcement of this Act, shall promulgate the necessary applying rules and regulation. “
From your provisions explained above specifically Sec. a couple of of PD No . 451, SEC 57 (3) and SEC 75 of BP No . 232, the admin of education which in this case is the CHED is given the authority to indeed regulate the tuition of the degree, and thus, the order of prohibiting the rise of tuition fee for the school year 2001-2002 is valid.
Furthermore, mcdougal consulted the jurisprudence to make certain that the buy given by the CHED should indeed be valid. In the case of Jose G. Lina Jr., petitioner, versus Isidro M. Carino in his capacity because Secretary of Education, Lifestyle, and Sports, respondent, where the petitioner was questioning the authority from the secretary of education in his issuance of DECS buy No . 40 whereby that outlines the pace of embrace tuition which usually all colleges should follow. The issue was “whether DECS order no . 30 is valid, that may be, whether surveys takers DECS admin has the legal authority to issue DECS order number 30 recommending guidelines concerning increases in tuition and other school fees. “
The the courtroom basing the facts on the case of Filipino Consumers Basis, Inc. or the Secretary of Education, Culture and Sports, preserved that the DECS order Number 30 was indeed valid and thus, ought to be implemented by schools. That followed that “since not any other government agency was vested while using authority to fix the maximum school fees, that power should be thought about with the DECS Secretary. “
With this like a fact on the Jurisprudence of the Philippines, thereby, the Admin of Education indeed provides the authority to regulate the rate of tuition service fees of the schools. The secretary of Education in this case becoming the CHED, as confirmed in the previous concern that the powers of DECS on the advanced schooling were transferred to the CHED thereby giving the CHED the power the DECS had before within the higher education.
Of course, the order issued by Commission upon Higher Education was valid since the CHED maintains the strength to regulate the tuition charges of the college as provided in sec. 2 of PD no . 451, sec. 57(3) and securities and exchange commission’s. 70 of BP. Blg. No . 232, and lastly the jurisprudence giving the Secretary of Education the authority to regulate the tuition service fees of the universities.
VII. Affirmation of Situation and Conclusions
Having offered all the details the author contains that the purchases issued by Commission on Higher Education barring the increase of tuition fee pertaining to the school yr 2001-2002 valid. The order is valid because the Percentage on Higher Education had the authority to manage the rate of tuition fee since prescribed in the Presidential Rule No . 451 and Batasang Pambansa blg. 232.
Moreover, it truly is prescribed in the constitution that education should be made accessible to any or all the people of the Philippines, and that the state shall make certain that the people are given access to a better education. With the buy of the CHED in barring the increase from the tuition fee, it had been ensured that right beneath the constitution is usually not infringed, as the administrative body of the authorities took stage to ensure that the citizens will never be deprived in access to education by prohibiting the increase in the tuition costs especially at the moment when the residents are having economic difficulty.
Furthermore, in the Higher education modernization take action of 97 it is further more specified below section 5 (e) of the act that the socialized plan in identifying the rate of tuition fee. This specifically declares that the tuition fee should present “greater access to the poor”, thus in this instance, issuing a great order barring the increase of tuition fee intended for the year 2001-2002 is beneficiary to the poor and will give them a greater get as a defieicency of the CHED was to make sure that education does not become troublesome to parents who knowledge financial difficulty.
Lastly, the jurisprudence in the Philippines had shown that the authority to issue and order about the regulation within the tuition charges rests inside the hands in the Secretary of Education which in this case is the CHED. In both circumstances presented over, the court had confirmed that the Secretary of Educations indeed gets the right to control the tuition fee of the schools.
VIII.
Legal Issues
