function similar to those of the Commission are herby transferred to the Commission. From this it is established that the powers that were once granted to DECS in governing the tertiary education are hereby transferred to the CHED.To ensure accessibility of education, one of the most prominent factor will be the tuition fee. The rate at which the tuition fee is established will determine the accessibility of the school, thereby to ensure accessibility for students, tuitions fees should be regulated by the CHED. To be able to regulate the increase of tuition the implementation of the rules and regulation of Presidential Decree (PD) No. 451 was issued. This was to govern increase in tuition fee and other school charges of private schools beginning the school year 1975-1976. Under Sec. 2 of PD 451 “The Secretary of Education and culture has the authority to regulate on any increase or change in the rates of tuition fee and other school charges collected from students or their parents by all private schools. Any increase or change in the approved rates, including new tuition fee and/or other school charges, of private schools shall not be effective without the prior approval of the Secretary of Education and Culture. Any violation shall be considered unlawful and subject to the penal provision of the law.” Moreover, in the implementation of RA 8292 or otherwise known as the Higher Modernization Act of 1997, which is an act providing for the uniform composition and powers of the governing boards, the manner of appointment term of office of the president of chartered state universities and colleges and for other purposes. In pursuant to Sec. 4 of RA 8292, which is “the governing board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the board of directors under Sec. 36 of BP Blg. 68, otherwise known as the Corpora...
