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Executive Orders

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.

Executive Order No. 315

EXECUTIVE ORDER NO. 315 March 30, 1996

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and Sports (DECS) devolved to the Autonomous Region pursuant to Executive Order No. 459, series of 1991, have been repealed upon the enactment of Republic Act No. 7722 effectuating the creation of the Commission on Higher Education (CHED) as an independent and separate agency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...

Summary of Executive Order No. 315

Declaration of Policy (Section 1)
- Ensures the full and expeditious devolution of powers and functions necessary for the governance of the Autonomous Regional Government (ARG) of the Autonomous Region in Muslim Mindanao (ARMM).

Transfer of Powers and Functions (Section 2)
- Powers and functions of the Department of Education, Culture, and Sports (DECS) pertaining to higher education, which were transferred to the Commission on Higher Education (CHED) by Republic Act No. 7722, are redevolved to the ARG, subject to national policies.
- Includes:
    a. All CHED programs, projects, scholarships, grants, budgets, and assets in the ARMM shall be transferred to the ARG. (Section 2a)
    b. The ARG shall avail of the Higher Education Development Fund (HEDF) based on CHED-approved projects and programs for the region, administered according to CHED guidelines. (Section 2b)
    c. The budget and allocation of CHED-supervised Higher Education Institutions in the region shall be transferred to the ARG. (Section 2c)

Regulatory Functions (Section 3)
- CHED retains the function of granting authority to establish and operate new private schools/programs on higher education in the region, including cancellation, withdrawal, or restoration of recognition, provided that the ARG recommends such actions.
- If these regulatory functions are decentralized to CHED regional offices, the ARG shall likewise be empowered with such functions, subject to CHED guidelines.

Budget and Appropriation (Section 4)
- The budget of DECS-ARMM pertaining to higher education shall be transferred to the Higher Education Regional Office of the ARG, in coordination with the Department of Budget and Management, and in accordance with CHED guidelines implementing Republic Act No. 7722.

Allocation to ARG (Section 5)
- The ARG shall be considered one of the regions of CHED for purposes of allocations of resources and other support programs, projects, and equipment, provided such allocation is not part of the ARG's budget.
- For programs and projects not provided herein relating to special concerns requiring bilateral implementation in the Autonomous Region, a Memorandum of Agreement shall be entered into, if necessary, between CHED and the ARG.

Standard Setting (Section 6)
- The ARG shall formulate regional rules and regulations in implementing programs and policies on higher education in the region of autonomy in accordance with the standards prescribed by CHED and national policies.

Technical Assistance (Section 7)
- CHED shall provide technical assistance to the ARG as necessary to enable the ARG to carry out the objectives of this Executive Order effectively.

Submission of Quarterly Report (Section 8)
- A quarterly report on the status of implementation shall be submitted to the President jointly by the ARG and CHED.

Implementing Rules (Section 9)
- CHED, in consultation with the ARG, shall issue the implementing rules and regulations within sixty (60) days from the effectivity of this Executive Order.

Transitory Provisions (Section 10)
- Personnel, properties, assets, 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 similar functions to CHED, pursuant to Republic Act No. 7722, are hereby transferred to the ARG office for higher education.
- During the period, not exceeding one year from the effectivity hereof, that the ARG is structuring, organizing, staffing, equipping, and otherwise preparing the appropriate ARG office for higher education, CHED shall extend full assistance and support to ensure the realization of the objectives of Republic Act No. 7722 and this Order.

Separability Clause (Section 11)
- If any part or provision of this Executive Order is held unconstitutional or invalid, the remaining parts or provisions not affected shall continue to be in full force and effect.

Effectivity (Section 12)
- 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.

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