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 S…

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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Region pursuant to Executive Order No. 459, series of 1991, have been repealed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).

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

(Sgd.) FIDEL V.
RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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