By Rey E. Requejo

The Commission on Higher Education has administrative jurisdiction and authority over local universities and colleges operating as higher education institutions, including those established by local government units through local ordinances, according to the Justice Department.

In a legal opinion, Justice Secretary Raul Gonzalez stressed that the Local Government Code limits the power of LGUs to the creation and operation of vocational and technical schools as well as post-secondary institutions subject to the approval of the Education Department.

Gonzalez said while RA 7160 does not absolutely prohibit LGUs from establishing higher education institutions, this can only be done with the approval of the CHED and subject to the provisions of the law creating the agency.

Under Section 3 of Republic Act 7722, which created CHED, the Justice secretary pointed out that the commission has jurisdiction over both public and private institutions of higher education as well as degree-granting programs in all post-secondary education institutions.

The Justice chief issued the opinion after newly-appointed CHED chairman Emmanuel Angeles sought clarification on the issue of jurisdiction and authority of the CHED, insofar as the exercise of supervision and reasonable regulation of public higher education institutions specifically those created by LGUs.

In another opinion, Gonzalez affirmed the validity of the $86.7-million bilateral assistance agreement entered into by the Education Department with the United States Agency for International Development.

The agreement defines the framework for USAID assistance for the period of five years from Oct. 1, 2008 to Sept. 30, 2013.

The Education Department explained that the assistance will not flow into its coffers but instead will be mainly used by USAID to implement programs that will assist the department in the provision of technical assistance to improve the delivery of basic education services and help achieve the goals of Basic Education Reform Agenda.

The Justice opinion came in response to the inquiry made by Education Secretary Jesli Lapus on whether or not it has the power and authority to enter into such agreement as one of the conditions for the disbursement of the funds.

“After a review of the documents submitted to this department, more particularly the Special Authority signed by President Arroyo, there is no iota of doubt that the DepEd, through the secretary, has been authorized to enter into the BAA,” Gonzalez said.

“The presidential issuance is clear that the Education secretary has been designated and authorized to conclude and sign the agreement in accordance with the law,” Gonzalez said.