EXECUTIVE ORDER NO. 315
EXECUTIVE ORDER NO. 315 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN
MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE COMMISSION ON
HIGHER EDUCATION, THE CONTROL AND SUPERVISION OVER ITS PROGRAMS IN THE
REGION AND FOR OTHER PURPOSES
WHEREAS, Section I, Art. XV of
Republic Act No. 6734 provides that the Autonomous Regional Government
(ARG) shall establish, maintain, and support a complete and integral
system of quality education and adopt an educational framework that is
meaningful, relevant, and responsive to the needs, ideals, and
aspirations of the people in the Region;
WHEREAS, the powers and functions pertaining to higher education of the
Department of Education, Culture, and Sports (DECS) devolved to the
Autonomous Region pursuant to Executive Order No. 459, series of 1991,
have been repealed upon the enactment of Republic Act No. 7722
effectuating the creation of the Commission on Higher Education (CHED)
as an independent and separate agency specifically charged to
administer, supervise, and promote higher education as well as
degree-granting programs in all higher educational institutions in the
country;
WHEREAS, the Oversight Committee created pursuant to RA 6734 deemed it
imperative that in view of RA 7722, there is need to redevolve and/or
devolve certain powers and functions of the CHED to the ARG;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Declaration of Policy. — Pursuant to the
Constitution and Republic Act No. 6734, it has been the declared policy
of the National Government to ensure the full and expeditious
devolution of powers and functions necessary for the governance of the
ARG of the Autonomous Region in Muslim Mindanao (ARMM).
Sec. 2. Transfer of Powers and Functions. —
Subject to national policies, the powers and functions devolved to
DECS-ARMM pertaining to higher education stipulated in Executive Order
459 which were transferred to the CHED by virtue of RA 7722 are hereby
redevolved to the ARG. Specifically, such transfer of functions shall
include, among others:
a.
All programs and projects of the Commission, whether locally-funded or
foreign-assisted, in the ARMM earmarked for or to be implemented in the
region, including scholarships and grants, shall be transferred to the
ARG including its corresponding budgets and assets.
b. The ARG
shall avail of the Higher Education Development Fund (HEDF),
established under Section 10 of RA 7722, based on CHED-approved
projects and programs for the region. The fund shall be administered in
accordance with the guidelines of the CHED.
c. The budget
and allocation of CHED-supervised Higher Education Institutions in the
region shall be transferred to the ARG.
Sec. 3. Regulatory Functions. — The functions of
DECS-ARMM prescribed in Executive Order No. 459 pertaining to the grant
of authority to establish and operate new private schools/programs on
higher education in the region including the cancellation and/or
withdrawal of recognition, or restoration of cancelled or revoked
government recognition, shall be retained by the CHED. Provided, that
the grant or revocation, or the restoration of recognition is
recommended by the ARG. Provided, further, that should these regulatory
functions of the Commission be decentralized later to the regional
offices of CHED, the ARG shall likewise be empowered with such
regulatory functions as stipulated herein subject to the guidelines set
by the Commission.
Sec. 4. Budget and Appropriation. — The budget of
DECS-ARMM pertaining to higher education shall, in coordination
with the Department of Budget and Management, be transferred to the
Higher Education Regional Office of the ARG in accordance with the
guidelines implementing RA 7722 set by the Commission.
Sec. 5. Allocation to ARG. — The ARG shall be
considered one of the regions of the CHED for purposes of allocations
of resources and other support programs, projects, equipment similarly
allocated to other regions provided such allocation is not part of the
budget of ARG. For programs and projects of the Commission not provided
herein relating to special concerns which require bilateral
implementation in the Autonomous Region, a Memorandum of Agreement
shall be entered into if necessary, between the Commission and the ARG.
Sec. 6. Standard Setting. — The ARG in formulating
such regional rules and regulations in the implementation of
programs and policies on higher education in the region of autonomy
shall be made in accordance with the standard prescribed by the
Commission on Higher Education in accordance with national policies.
Sec. 7. Technical Assistance. — The CHED shall
make available to the ARG such technical assistance as may be necessary
to enable ARG to carry out effectively the objectives of this Executive
Order.
Sec. 8. Submission of Quarterly Report. — A
quarterly report on the status of the implementation of this EO shall
be submitted to the President jointly by the ARG and the CHED.
Sec. 9. Implementing Rules. — The CHED, in
consultation with the ARG, shall issue the implementing rules and
regulations of this Executive order within sixty (60) days from its
effectivity.
Sec. 10. Transitory Provisions. — Such personnel,
properties, assets and liabilities, functions, and pertinent records of
the Bureau of Higher Education of DECS-ARMM, including those for higher
education and degree-granting vocational and technical education
institutions, as well as those of other regional government entities
having functions similar to those of the CHED, pursuant to RA 7722, are
hereby transferred to the ARG office for higher education. Further,
during such period, not to exceed one year from the effectivity hereof,
that the ARG is structuring, organizing, staffing, equipping, and
otherwise preparing the appropriate ARG office for higher education to
discharge the full powers functions, and responsibilities devolved
pursuant to RA 7722 and Executive Order No. 459, the CHED shall extend
full assistance and support to ARG to ensure the realization of the
objectives of RA 7722 and this Order.
Sec. 11. Separability Clause. — If, for any
reason, any part or provision of this Executive Order shall be held
unconstitutional or invalid, any part or provision herein which are not
affected thereby shall continue to be in full force and effect.
Sec. 12. Effectivity. — This Executive order shall
take effect fifteen (15) days after its publication in a national
newspaper of general circulation and one (1) newspaper of general
circulation in the ARMM.
Done, in the City of Manila,
this 30th day of March, in the year of Our Lord, Nineteen Hundred and
Ninety Six.
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Since 19.07.98.