Rules and Regulations Governing the Setting and Approval of Policies, Standards and Guidelines for Programs and Higher Education Institutions Pursuant to Section 8 (d) of RA 7722 ( CHED Memorandum Order No. 07-09 )

 

 

March 18, 2009

CHED MEMORANDUM ORDER NO. 07-09

 

In accordance with the pertinent provisions of Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994", and in order to define clearly the system and procedures of the Commission in the setting of, approval and adoption of POLICIES, STANDARDS AND GUIDELINES (PSGs) for programs and institutions of higher learning, the following rules and regulations governing the formulation, setting and amendments of PSGs and in the conduct of public hearing thereof, are hereby prescribed and promulgated as follows:

RULE I

Legal Basis

SECTION 1. Legal Basis. — Pursuant to Section 8, paragraph (d) of RA 7722 otherwise known as the "Higher Education Act of 1994", the Commission on Higher Education is empowered to set minimum standards, policies and guidelines for programs and institutions of higher learning as recommended by panels of expert in the field and subject to public hearing. Likewise, the Commission is mandated to implement and enforce the approved policies, standards and guidelines in all higher education institutions, public and private.

RULE II

Formulation and Setting of Policies, Standards, and Guidelines

SECTION 1. Formulation and Setting of Proposed PSGs/Review of Existing PSGs. — As a general rule, a Technical Working Group (TWG/Technical Panel (TP)/Task Force/Committee) shall undertake to study the proposed rules and regulations or the revisions/amendments to existing ones to be adopted by the Commission. The following steps shall be undertaken: aDACcH

1.1 The Technical Working Group shall coordinate the meetings or workshops for the development and preparation of the draft policies, standards, and guidelines or the revisions/amendments to existing ones;

1.2 The Technical Working Group shall present the formulated draft policies, standards and guidelines or the revisions/amendments to existing ones to the Office concerned for comments;

1.3 The Office concerned shall endorse the draft policies, standards and guidelines or revision/amendments to existing ones to the Office of the Executive Director with the information that said Office has already endorsed the same to the CHED Legal Service for comments as to form and compliance with other legal requirements;

1.4 The CHED Legal Service shall review accordingly the draft policies, standards and guidelines or revisions/amendments to existing ones as to form and compliance with other legal requirements and submit expeditiously its comments to the Office of the Executive Director;

1.5 the Executive Director, after determination that the draft policies, standards and guidelines or revisions/amendments to existing ones conforms with the requirements and is suitable as to form and substance, the same shall be included in the Commission En Banc agenda for deliberation and subsequent adoption as the proposed draft to be subjected for public hearing.

RULE III

Pre-Public Hearing Activities

SECTION 1. Dissemination of Notice. — Upon ascertaining that the proper comments or instructions of the CEB have been incorporated into the draft PSG or revisions/amendments to existing ones, and that the preparatory staff work required have been completed, the Executive Director shall ensure that the publication of the Notice for the public hearing/consultation including the pertinent attachments have been distributed to all concerned.

SECTION 2. Preparation of Materials and Paraphernalia. — The Director(s) concerned shall be responsible for instructing the Division or Unit concerned in their respective offices to prepare the necessary materials and other paraphernalia needed for the proper conduct of the public hearing in accordance with the procedures herein prescribed, including all action documents for the signature of either the Chairman or the Executive Director or other key officials of the Office that are required for the efficient conduct of said public hearing.

SECTION 3. Preparation of Notices. — The Director of the concerned office undertaking the public hearing shall ensure that notice of public is duly published or disseminated. In addition, the Director shall see to it that the proper NOTICES addressed to key stakeholders required to be consulted are duly prepared by the Division/Unit indicating the date, time and venue, and subject matter of the public hearing/consultation.

SECTION 4. Prior Review of Documents for Consultation. — Adequate copies of the subject PSG or the revisions/amendments to existing ones should be prepared and pertinent attachments are reproduced and furnished to all required participants prior to the date scheduled for consultation for their proper review, consideration and comments. ESHAcI

SECTION 5. Attendance of Key CHED Officials. — All concerned CHED Officials expected to attend and conduct the public hearing shall be duly notified by the Executive Director at least one (1) week before the scheduled date in order for said official to be thoroughly prepared to address whatever issues or concerns that may arise during the course of the public hearing/consultation. The names of CHED staff expected to attend and officially conduct the public hearing should also be enlisted and duly notified prior to the activity.

RULE IV

Procedures for the Conduct of Public Hearings

SECTION 1. Legal Basis. — Public hearings shall be conducted pursuant to Sec. 8 (d) of Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", or when the Commission determines that public hearings are necessary to provide additional public inputs preceding the adoption of Policies, Standards, and Guidelines (PSGs). For purposes of these guidelines, the term "public hearing" shall have the same meaning and intent as a "public consultation", and shall be distinct from the public orientation that shall be conducted upon approval of a PSG.

SECTION 2. Scope of the Rules and Procedures. — The following rules and procedures shall govern the public hearings conducted by the Commission on Higher Education on proposed policies, standards, and guidelines (PSGs) as well as revisions, modifications or repeal of existing ones, where such PSG involves substantive matters affecting curricular and similar academic concerns, and which may result to deprivation of privilege, curtailment of right, or imposition of new rates, fees, or costs.

SECTION 3. Hearing Committee and Secretariat. — The concerned Office/Unit that will be conducting a public hearing shall organize a Hearing Committee to conduct the hearings.

3.1 The Committee shall be chaired by the CHED official duly authorized by the Chairman. It shall be composed by representatives coming from the Technical Panel or Technical Committee members, other key officials of the Commission such as the Director of the office which prepared the draft PSG, consultants and other identified experts and specialists and such other officials whose presence as resource person(s) the Chairman may deem proper for the public hearing.

3.2 The selected staff of the concerned CHED office conducting the public hearing shall provide the Secretariat support to the Hearing Committee. The secretariat shall be responsible for the proper and efficient conduct thereof, facilitation with the concerned public sector stakeholders, and documentation of matters taken up during public hearings, and further ensure the timely submission of Committee Reports with recommendations to the Director of the Office, and to the Executive Director.

SECTION 4. Notice of Hearing, Content, and Schedule. —

4.1 Notice of the public hearing shall at all times be signed by the Chairman of the Commission or the Executive Director in the appropriate cases and shall be issued through the following:

a. Publication in a newspaper of general circulation;

b. Posting of notices in conspicuous places including but not limited to bulletin boards of school, municipal halls, and similar places;

c. Sending of invitation or notices to interested parties such as Presidents of Higher Education Institutions, Student Councils, various legitimate organizations.

4.2 The Chairman of the Commission or the Executive Director as authorized by the Chairman may order such other form of publication or additional dates of publication in a newspaper of general circulation as deemed necessary and appropriate under the circumstances. TaCSAD

4.3 The contents of the notice shall include:

a. the reason or purpose of the hearing;

b. references (title only) to the policy, standard, or guideline involved or the proposed revisions or changes to existing policies, standards, or guidelines;

c. date, time, and place of the hearing;

d. where a copy of the full text of the proposed PSG can be obtained;

e. deadline for submitting written comments (should there be any);

f. name and contact details of the person/s who can provide additional information about the hearing.

4.4 As a general rule, any planned public hearing should be set fifteen (15) days after the last publication in the newspaper.

SECTION 5. Comments on the Proposed PSG. — During the public hearing, when the Hearing Committee so requires, written comments on proposed PSGs or revisions in existing PSGs as heretofore mentioned shall be submitted to the Hearing Committee through the designated contact person in the Notice of Hearing.

In general, written comments/position papers on proposed PSG's shall be submitted not later than seven (7) days prior to the scheduled public hearing, or when so required by the Hearing Committee during the public hearing, within five (5) days after the termination of the public hearing.

SECTION 6. Presiding Official in the Conduct of Public Hearing. — At the date and place set for the public hearing, the Chairman of the Hearing Committee may request the CHED Chairman of his duly authorized representative to chair the public hearing. The CHED Chairman may also authorize the Executive Director or other proper CHED Officials to Chair the public hearing in the exigency of service or when circumstances so requires.

 

SECTION 7. Authority of Attendees Other than Presidents/Agency Heads. — As a matter of policy, Higher Education Institutions as well as other entities or agencies that are invited to attend and actively participate in the public hearing shall be represented by their Presidents/School Head/highest official thereof.

Attendance by any other official next-in-rank to such President or highest official shall be allowed provided a proper authorization by the President/School Head/highest official is presented to the Secretariat prior to the start of the public hearing, stating the reason why the principal official is not able or unavailable to attend the said public hearing, and that his/her representative is clothed with authority to represent the school/agency/entity and to act on, vote, acquiesce to any matter where action may be required in said public hearing.

SECTION 8. Proceedings of the Public Hearing. — The following procedures shall be applicable to the formulation and setting of PSGs or policies, standards, and guidelines or revisions/amendments to existing ones. To wit: cEAHSC

8.1 The Chairperson of the Hearing Committee shall preside over and call the public hearing to order at the scheduled time indicated in the Notice, deliver an Opening Statement and introduce the members of the Committee conducting the public hearing. He/she shall reiterate the procedures to be followed at the hearing, as contained in these Rules.

8.2 A presentation should be made by or on behalf of the Hearing Committee by the official most competent to discuss the proposed PSG, assisted by the Director concerned, setting forth the issue(s) at hand, the Committee's authority for addressing the issue, and the reason for conducting such activity.

8.3 A maximum of two (2) hours shall be given to the Hearing Committee for the succeeding presentation of the facts and/or issues underlying the proposed or amended policy, standard or guideline.

8.4 Oral comments shall not be allowed during the presentation. However, interested participants may put in writing any comment, suggestion or recommendation on a particular issue, and submit these immediately to the Secretariat for the Hearing Committee's consideration.

8.5 After the presentation, at the discretion of the Hearing Committee, a reasonable period of time shall be allotted to gather the written comments, suggestions, or recommendations from the participants.

8.6 After completion of the above, the Hearing Committee shall devote ample time not exceeding two (2) hours, for presenting and addressing the comments submitted by the participants. During this period the Hearing Committee shall also present and address any written comments received before the scheduled public hearing.

8.7 After addressing the comments, suggestions or recommendations an Open Forum shall immediately follow, to provide an opportunity for individuals who may wish to give additional inputs other than the foregoing, or for those who were not able to provide written comments before and during the actual hearing.

8.8 The Hearing Committee shall announce before the start of the Open Forum the length of time each individual will be allowed to make comments/reactions. The time limit will be set after considering the number of individuals requesting time for oral comments and the total time available to conduct the entire hearing. Comments during the hearing must address and focus on the subject matter thereof. At the discretion of the Hearing Committee, comments on matters other than the subject of the hearing will not be allowed and not be considered by the Commission on the proposed PSGs.

8.9 The Hearing Committee shall have the authority to issue additional orders, decisions and rulings which in their judgment are necessary for the orderly, fair, and efficient conduct of the public hearing. The ROBERT'S RULES OF ORDER may be used as the principal guide to parliamentary procedure in the conduct of public hearing or in a suppletory manner in cases not covered in the present rules or when the circumstances so require.

8.10 The Committee may adjourn the public hearing until a specified future day, place and time, should there be need for the same. Where the time, place and date of the continued hearing is clearly announced at the first hearing, no additional notice is required for the continuation of the hearing.

8.11 The public hearing shall be closed by the Chairperson addressing the public/participants who attended and explaining the subsequent steps the Commission will take regarding the information gathered in rendering a final decision on the proposed PSG. The hearing is closed following the final statement of the Chairperson and a pronouncement that the public hearing is terminated.

8.12 Any comment, opposition, significant inputs, additional statements germane to the proposed PSG should be submitted in writing as indicated herein, or presented during the public hearing stating clearly the object or rationale for the comment, opposition or inputs, and these shall be duly documented by the Secretariat and shall form part of the Committee Report.

SECTION 9. Approval of the PSG After Public Hearing. — The Hearing Committee shall submit its Report containing its recommendations within a reasonable period of time or when so directed by the Chairman or the Executive Director, to the Director of the office conducting the public hearing concerned who in turn endorses the same to the Commission en Banc for its consideration thru the Executive Director.

9.1 The Committee Report shall contain the draft of the PSG together with the minutes of the public hearing with a consolidated summary of all the comments gathered during the occasion as well as those contained in the written comments submitted to the Committee and the recommendations of the Hearing Committee. The Committee shall endorse to the Director of the Office that conducted the public hearing the final version of the PSG incorporating any changes or enhancements thereto, together with the summary of justifications, if any. CEcaTH

9.2 The Director of the concerned office shall endorse the said Report to the Executive Director who in turn shall endorse the same to the Commission En Banc through the Chairman for deliberation and final approval. In the final approval, the CEB shall form its decision taking into consideration the recommendations in the Report as well as other relevant factors especially those involving public and national interest.

9.3 Thereafter, the Executive Director shall issue the proper Memorandum notifying all involved/interested parties of the action taken as a result of the public hearing.

SECTION 10. Conduct of Orientation on the PSG. — The Commission shall direct the holding of orientations on the approved PSG in the various regions as deemed necessary or proper for the efficient and full implementation of the PSG. The Director and secretariat of the Office concerned shall coordinate with the Office of the Executive Director in order to facilitate the efficient and timely dissemination of the Notice required for this purpose, which shall likewise include the date, time and venue of the public orientation. ACTIHa

SECTION 11. Effectivity of the Approved PSG. — The duly approved PSG promulgated by the Commission shall become effective after its publication in a newspaper of general circulation or in the Official Gazette in accordance with the requirements of the law.

11.1 The Commission shall also file with the University of the Philippines Law Center three (3) certified copies of the approved and promulgated PSG. The records officer of the Commission shall be responsible in faithfully carrying out the requirements of the aforesaid provision.

11.2 The Commission shall keep a permanent register of all the rules and regulations issued which shall be open to public inspection during regular business hours. Copies shall also be posted at the CHED Website immediately after its publication in a newspaper of general circulation. Moreover, electronic copies of the new PSG shall be sent to all the higher education institutions as well as all other departments, offices or entities usually furnished copies of the Commission PSG or upon written request. IaHDcT

RULE V

Approval and Promulgation of the Proposed Policies, Guidelines, and Standards

SECTION 1. Preparation of Commission En Banc (CEB) Resolution. — The Executive Director shall direct the Commission Secretariat to prepare the CEB Resolution on the approval of the PSG or revisions/amendments to existing ones, incorporating therewith an, specific instruction concerning the implementation of the same.

This CMO shall take effect immediately upon its publication and shall remain in force until otherwise revoked.

Issued at Quezon City, Philippines this 18th of March, 2009.

For the Commission:

 

(SGD.) EMMANUEL Y. ANGELESChairman

Published in The Manila Times on March 24, 2009.