Applicability of the Manual of Regulations for Private Higher Education of 2008 to State Universities and Colleges and LUCs

September 9, 2009

CHED MEMORANDUM ORDER NO. 030-09

 

In accordance with the pertinent provisions of Republic Act No. 7722, otherwise known as the Higher Education Act of 1994, and pursuant to Commission En Banc (CEB) Resolution No. 347-2009, adopted during the 339th CEB Meeting held on September 9, 2009, the following provisions shall govern the implementation of the Manual of Regulations for Private Higher Education (MORPHE) of 2008 to all state universities and colleges (SUCs) and local universities and colleges (LUCs) in the country as applicable with respect to program offerings and compliance with standards and policies of CHED.

I. Policy Statement

It is the policy of the State to protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. As such, the State shall give priority to education, science and technology, arts, culture and sports to foster nationalism and patriotism accelerate social progress, and promote total individual liberation and development.

II. Legal Basis

2.1 Pursuant to Section 3, RA 7722, the Commission on Higher Education (CHED) has direct supervision and regulatory jurisdiction over public and private higher education institutions (HEIs) as well as degree-granting programs in all post-secondary educational institutions, public and private.

2.2 Section 8 thereof likewise authorizes the CHED to (a) set minimum standards for programs and institutions of higher learning recommended by panels of experts in the field and subject to public hearing, and enforce the same; (b) monitor and evaluate performance of programs of HEIs for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school closure; and (c) rationalize programs and HEIs and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to tertiary institutions, subject to budgetary limitations and the number of HEIs in the province or region where creation, conversion and elevation is sought to be made. aSTAcH

2.3 Furthermore, Section 13 of the same law provides that 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; (c) specific professional subjects as may be stipulated by the various licensing entities. Further, no academic or curricular restriction shall be imposed upon private educational institutions, which are not required for chartered state universities and colleges (SUCs).

III. Applicability of the MORPHE of 2008

In view of the above consideration, the MORPHE of 2008 shall be applicable to state universities and colleges (SUCs) and local universities and colleges (LUCs) as it is for private higher education institutions. As such, all SUCs and LUCs are hereby mandated to comply with the provisions of the Manual, as far as applicable, to ensure that the program offerings of said public HEIs are complying with CHED requirements, policies and regulations.

IV. Repealing Clause

All policies, guidelines and similar issuances and parts thereof which are inconsistent with the provisions of this CMO are hereby repealed.

V. Separability Clause

If any part of provision of this CMO shall be held unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

VI. Effectivity

This CMO shall take effect fifteen days (15) after its publication in the Official Gazette.

September 9, 2009, Quezon City, Philippines. aIHCSA

(SGD.) EMMANUEL Y. ANGELESChairmanCommission on Higher Education