Commission on Higher Education(CHED)

July 22, 2020 Dear Rainiel Llauderes, Greetings! Thank you for your request dated Feb 27, 2020 04:11:18 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Query re: Article III & Rules of Procedure for Article VI, Section 12 of CHED CMO 3 series of 2012. Your FOI request is approved. I enclose a copy of all of the information you requested. In connection to your questions regarding CMO No. 03, s. 2012 entitled "Enhanced Policies, Guidelines and Procedures Governing Increases in Tuition and Other School Fees, Introduction of New Fees, and for other purposes," please see our answers, as follows: 1. Is Article III of CHED CMO No. 03, s. 2012 directory or mandatory? CMO No. 03, s. 2012 is a CHED issuance containing policies, guidelines and procedures that covers increases in tuition and other school fees including introduction of new fees in both public and private HEIs (section 2). Articles and sections are written in the context of regulating and governing matters of introducing, imposing, increasing and collecting of fees. Article III which is Consultation Process and Requirements is mandatory as this is an implementation of Section 10 of Republic Act No. 6728 entitled "GOvernment Assistance to Students and Teachers in PRivate Education Act" or the GASTPE Law. 2. Am i right in saying that student councils can validly oppose a tuition and other school fees increase by filing a "complaint" (as prescribed under Article VI, Sections 12-15 of CHED CMO No. 03, s. 2012) if such increase was conducted without benefit of "consultation" as defined in Article III, CHED CMO No. 03, s. 2012? If yes, I'd like to ask for the applicable name, format and contents of the complaint along with the rules of procedure to be followed in lodging such complaint as these are not provided in the said CMO. As stated in Article VI. Section 12 of CMO No. 03, s. 2012; All complaints and grievances regarding increases in tuition and other school fees and new fees without the benefit of consultation shall be endorsed by the recognized and legitimate student council to the CHEDRO concerned within 30days after consultation period. Hence, a legitimate complaint is the one that is endorsed by a recognized and legitimate student council of a higher education institution to which the alleged complaint is posed. The formal complaint as endorsed by the student council and shall be forwarded to CHED Regional Office concerned for appropriate action. Should you have further queries, please directly coordinate with the CHED Regional Office with jurisdiction to the higher education institution that you have concern with. You may access CHED portal www.ched.gov.ph for the Directory of CHED Regional Offices. Thank you. Respectfully, FOI Officer