Country: Philippines                          
Title:    An Act Creating the Commission on Higher Education,
          Appropriating Funds Therefor and for Other Purposes
Author:            Congress of the Philippines.  
Descriptors:       Higher education.  
Full text: m) review the charters of institutions of higher learning
  and state universities and colleges including the chairmanship and
  membership of their governing bodies and recommend appropriate
  measures as basis for necessary action;

       n) 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

       o) perform such other functions as may be necessary for its
  effective operations and for the continued enhancement, growth or
  development of higher education.

     SEC. 9. The Secretariat. - The Commission shall organize a
  secretariat which shall be headed by an executive officer, subject
  to the secretariat's staffing pattern, determine the duties,
  qualifications, responsibilities and functions as well as the
  compensation scheme for the positions to be created upon the
  recommendation of the executive officer. It shall also prepare and
  approve its budget.

     The Commission shall appoint the members of the staff upon the
  recommendation of the executive director.

     SEC. 10. The Higher Education Development Fund. - A Higher
  Education Development Fund, hereinafter referred to as the Fund, is
   hereby established exclusively for the strengthening of higher
  education in the entire country.

       a) The Government's contribution to the Fund shall be the
  following:

         1) the amount of Five hundred million pesos (P500,000,000)
  as seed capital;

         2) the amount of Fifty million pesos (P50,000,000) for the
  initial operation of the Commission;

         3) the equivalent of forty (40) percent annual share on the
  total gross collections of the travel tax;

         4) the equivalent of thirty (30) percent share of the
  collections from the Professional Registration Fee; and

         5) the equivalent of one (1) percent of the gross sales of
  the lotto operation of the Philippine Charity Sweepstakes (PCSO).

       b) Starting Fiscal Year 1995 and every year thereafter,
  government financing institutions identified and requested by the
  Commission may contribute to the Fund an amount equivalent to not
  less than three (3) percent but not more than five (5) percent of
  their unimpaired surplus realized during the immediately preceding
  year.

       c) The Fund shall have a private portion to be raised from
  donations, gifts, and other conveyances including materials,
  equipment, properties and services by gratuitous title.

     SEC. 11. Management and Administration of the Higher Education
  Development Fund. - The Fund shall be administered by the
  Commission. For sound and judicious management of the Fund, the
  Commission shall appoint a reputable government financial
  institution as portfolio manager of the Fund, subject to the
  following conditions:

     As administrator of the Fund, the Commission shall prepare the
  necessary guidelines for its use, subject to the following
  conditions:

       a) No part of the seed capital of the Fund, including earnings
  thereof, shall be used to underwrite overhead expenses for
  administration;

       b) Unless otherwise stipulated by the private donor, only
  earnings of private contributions shall be used for administrative
  expenses;

       c) The Commission shall appoint and organize a separate staff,
  independent administratively and budgetarily separate from the
  Commission Secretariat; and

       d) The Fund shall be utilized equitably according to regions
  and programs.

     SEC. 12. The Technical Panels. - The Commission shall
  reconstitute and/or organize technical panels for different
  disciplines/program areas. They shall assist the Commission in
  setting standards and in program and institution monitoring and
  evaluation. The technical panels shall be composed of senior
  specialists or academicians to be appointed by the Commission.

     SEC. 13. Guarantee of Academic Freedom. - Nothing in this Act
  shall be construed as limiting the academic freedom of universities
  and colleges. In particular, no abridgment of curricular freedom of
  the individual educational institutions by the Commission shall be
  made except for: (a) minimum unit requirements for specific
  academic programs; (b) general education distribution requirements
  as may be determined by the Commission; and (c) specific
  professional subjects as may be stipulated by the various licensing
  entities. No academic or curricular restriction shall be made upon
  private educational institutions which are not required for
  chartered state colleges and universities.

     SEC. 14. Accreditation. - The Commission shall provide
  incentives to institutions of higher learning, public and private,
  whose programs are accredited or whose needs are for accreditation
  purposes.

     SEC. 15. Tax Exemptions. - Any donation, contribution, bequest,
  and grant which may be made to the Commission shall constitute as
  allowable deduction from the income of the donor for income tax
  purposes and shall be exempt from donor's tax, subject to the
  conditions as provided under the National Internal Revenue Code, as
  amended.

     SEC. 16. Authority. - The Commission shall exercise such
  authority as may be deemed necessary within its premises or areas
  of operation to effectively carry out its powers and functions and
  to attain it objectives: Provided, That the Commission may seek the
  assistance of other government agencies for the proper
  implementation of this Act.

     SEC. 17. Appropriation. - The amount of Five hundred million
  pesos (P500,000,000) is hereby authorized to be appropriated for
  the seed capital of the Fund. The additional amount of Fifty
  million pesos (P50,000,000) is hereby authorized to be appropriated
  out of the funds in the National Treasury not otherwise
  appropriated or out of the Philippine Amusement and Gaming
  Corporation (PAGCOR) funds for the initial operation of the
  Commission.

     The sum equivalent to the appropriations for the current year
  for the Bureau of Higher Education and the degree-granting programs
  of the Bureau of Technical-Vocational Education, including those
  for higher and tertiary education and degree-granting vocational
  and technical programs of the Bureau of Technical-Vocational
  Education in the regional offices, as well as parts of the
  budgetary items under the DECS budget that are concerned with
  higher and tertiary education and degree-granting vocational and
  technical programs such as those for personal services, maintenance
  and other operating expenses and capital outlay, shall be
  transferred to the Commission.

     Thereafter, the funds shall be included in the General
  Appropriations Act.