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CHED

The Commission on Higher Education (CHED) was created in 1994 to promote quality education in the Philippines. CHED is attached to the Office of the President for administrative purposes and oversees both public and private higher education institutions. While CHED has regulatory powers over higher education, the President has executive authority over all government offices and bodies. In 2015, a legal controversy arose when CHED ordered the closure of a medical school faction, but the Office of the President stayed CHED's decision. Additionally in 2016, the CHED chairperson was briefly banned from Cabinet meetings due to being appointed by the previous administration, though she ultimately continued in her role with assurances her term would be respected.

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69 views

CHED

The Commission on Higher Education (CHED) was created in 1994 to promote quality education in the Philippines. CHED is attached to the Office of the President for administrative purposes and oversees both public and private higher education institutions. While CHED has regulatory powers over higher education, the President has executive authority over all government offices and bodies. In 2015, a legal controversy arose when CHED ordered the closure of a medical school faction, but the Office of the President stayed CHED's decision. Additionally in 2016, the CHED chairperson was briefly banned from Cabinet meetings due to being appointed by the previous administration, though she ultimately continued in her role with assurances her term would be respected.

Uploaded by

Karlo Ofracio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

1.

Introduction
a. Office of the President
b. CHED
c. Jurisdiction of Office of the president
d. Jurisdiction of CHED
2. Power of the office of the president
a. Supervisory and Regulatory powers of the office of the president
b. OP was stripped of the power to review?
c. Residual powers
d. Find the reason that precipitated the ruling
e. What is the extent of the admin supervisory and regulatory powers of the
President over CHED as the adjudicatory powers

The Commission on Higher Education(CHED) was created on May 18, 1994 through
Republic Act (RA) No. 7722, also known as the “Higher Education Act of 1994”. CHED was
created in pursuance of the policy of the state to promote the right of citizens to quality
education, According to Section 3 of RA 7722, CHED is attached to the office of the President
for administrative purposes only. It covers both public and private institutions of higher
education as well as degree-granting programs in all post-secondary educational institutions,
public and private.

The President of the Philippines is vested with the executive power under Section 1,
Article VII of the Constitution. The President's administrative powers can be implied
from his executive power. Also, according to “Section 17, Article VII of the Constitution
provides that "the President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed." The CHED, as an
attached body to the office of the president, is under the control powers of the President.

The president of the Philippines.

[The power of control gives the president the authority to alter what a subordinate officer had
done in the performance of his duties and to substitute his judgment with that of the latter. The
power extends to all executive officers.]

A legal controversy occurred in 2015 involving CHED and the Office of the President (OP). In
1970, the Southwestern(SWU) College of Medicine was established. It was originally
called the Southwestern University-Matias H. Aznar Memorial College of Medicine (SWU-
MHAM). A conflict occurred in 2013 when the College of Medicine was divided into two
factions both claiming government recognition to operate the college. One faction is the SWU
College of Medicine (CM) Foundation and the other faction is the MHAM College of Medicine
(MHAM CM) Foundation. The factions have pending cases against each other. In 2015, CHED
issued a cease and desist order (CDO) on the student’s faction or the SWU-CM of the medical
school.The OP issued an order which stayed the execution of the CHED decision to close the
SWU - CM down. Malacanang denied the motion for reconsideration filed by CHED. The order
cited a Court of Appeals resolution which upheld Malacanang’s primary jurisdiction over the
case

The chairperson of the CHED is Dr. Patricia B. Licaucan. She is a social psychologist, educatior
and a women’s rights and empowerment activist. In 2016, an issue arose where Licaucan was
banned from Cabinet meetings. She received a text message from Cabinet Secretary Leoncio
Evasco Jr. instructing her to stop attending Cabinet meetings. Licaucan’s is an appointee of
former president Benigno Aquino III . Licaucan’s term will not be over until 2018. A
memorandum circular in August 22, 2016 was issued. It asked for the presidential appointees to
tender their “unqualified courtesy resignation” which Lucaucan refused to do. A cabinet member
is the alter-ego of the president under the doctrine of qualified political agency, so there must be
trust and confidence in their relationship. Consequently, the president has the power to appoint
those who he/she sees fit for the job. He also has the power to remove said officials. IN the case
of Licaucan, she was assured that the administration will respect her term of office and she
continued to function as CHED chairperson.

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