Republic of the Philippines
OFFICE OF THE PRESIDENT

COMMISSION ON HIGHER EDUCATION

CHED MEMORANDUM ORDER
No. 07
Series of 2022

Subject: THE 2022 REVISED IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT (RA) NO. 8292, AMENDING CHED MEMORANDUM ORDER (CMO) NO. 03, SERIES OF 2001: THE 2001 REVISED IMPLEMENTING RULES AND REGULATIONS OF RA NO. 8292, THE “HIGHER EDUCATION MODERNIZATION ACT OF 1997”

Pursuant to Section 15 of Republic Act (RA) No. 8292, the “Higher Education Modernization Act of 1997,” the following Revised Implementing Rules and Regulations (IRR) of RA No. 8292 are hereby promulgated, to amend CHED Memorandum Order (CMO) No. 03, Series of 2001, thus:

RULE I
TITLE AND POLICIES

Section 1. Title. – The 2022 Revised Implementing Rules and Regulations (IRR) shall be known and cited as the “Revised Implementing Rules and Regulations of the Higher Education Modernization Act of 1997” or “IRR 2022” for brevity.

Section 2. Policies. – It is the declared policy of the State to establish, maintain, and support a complete, adequate, and integrated system of higher education relevant to the needs of the people and society. Towards this end, the composition of the Governing Boards (“GBs”) of State Universities and Colleges (SUCs) is modified to:

a. Achieve a more coordinated and integrated system of higher education;

b. Render the GBs more effective in the formulation and implementation of policies on higher education;

c. Provide for more relevant direction in the governance of SUCs; and

d. Ensure the enjoyment of academic freedom by SUCs as guaranteed by the Constitution.

RULE II
DEFINITION OF TERMS

Section 3. Definition of Terms. – For purposes of this IRR, the following terms or words and phrases shall mean or be understood as follows:

a. Act refers to RA No. 8292, entitled “An Act Providing for the Uniform Composition and Powers of the Governing Boards, the Manner of Appointment and Term of Office of the President of State Universities and Colleges, and for Other Purposes,” otherwise known as the Higher Education Modernization Act of 1997.

b. Auxiliary Services refer to all kinds of services performed or rendered by the SUCs other than academic, such as hospital, cafeteria, janitorial, printing press, bookstore, and the like.

c. Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) refers to the political entity created under RA No. 11054.

d. Chairperson of the Board refers to the CHED Chairperson or to the CHED Commissioner, duly designated as Regular Chair and Presiding Officer of the Governing Board.

e. Commission on Higher Education (CHED) refers to the government agency which has the power of reasonable supervision and regulation over all higher education institutions, public or private, in the Philippines.

f. Community Laboratory refers to a community adopted by a SUC as part of its extension program where research and civic services are conducted by its students and faculty.

g. Dual System refers to a teaching-learning approach utilizing both the experiences gained by students inside and outside the classrooms, usually through industry immersion, sometimes called the in-school, off-school approach.

h. Duly Recognized Alumni Association refers to the association or federation of such alumni associations preferably from tertiary level programs which have been certified by the membership or any designated body by the organization as the legitimate representative of alumni to the Governing Board.

i. Faculty Association refers to a registered or accredited faculty organization of not less than ten percent (10%) of the rank-and-file faculty members of a SUC, its campus or department duly registered or accredited by the Civil Service Commission – Personnel Relations Office (CSC-PRO) and Department of Labor and Employment – Bureau of Labor Relations (DOLE-BLR) for their mutual aid and protection.

j. Extension Campus refers to a campus established by a SUC to a municipality or city within the same province or region where the main campus is located, with no or limited administrative and support personnel.

k. Governing Board (GB) refers to the highest policy-making body of SUCs. The highest policy-making body for a Chartered State University is the Board of Regents (BOR); for a State College, it is the Board of Trustees (BOT).

l. Higher Education Institution (HEI) refers to an institution of higher learning in the Philippines primarily offering, degree-granting programs, including post-secondary degree-granting vocational and technical educational institutions duly recognized by CHED.

m. Local Universities and Colleges (LUCs) refer to a public higher education institution established by the Local Government Units (LGUs) through an enabling ordinance and financially supported by the concerned local government unit.

n. Main Campus refers to the campus where the central or university wide administration of a SUC conducts its business and where its President holds office permanently.

o. Open Learning refers to a philosophy of student-centered learning adopting a great amount of flexibility in the learning process, thus enabling them to learn at the time, place, and pace which satisfies their circumstances and requirements.

p. Private Sector Representative (PSR) refers to a GB member who is a prominent citizen representing the private sector, distinguished in his or her profession or field of specialization aligned to the mandate of the SUC, and possesses none of the disqualifications under this IRR, no matter how such position is specified in the different charters of the SUCs.

q. Special Trust Fund refers to the total amount collected or charged from the students for tuition and other fees for a specific purpose, subject to the provisions of RA No. 10931, including the collection and receipts from sources other than payment of tuition fees, held in trust by the college or university, that shall be used for instruction, research, extension or similar programs or projects.

r. State Universities and Colleges (SUCs) refer to the public HEIs in the Philippines established by law with independent and separate Governing Boards:

r.1. State Science and/or Technological University or College refers to a public HEI which has its own charter and Governing Board, and whose primary and major emphasis is science and technology based on its nomenclature and course or program offerings;

r.2. State Agricultural University or College refers to a public HEI which has its own charter and Governing Board, and whose primary and major emphasis is agriculture based on its nomenclature and course or program offerings;

r.3. State University or College of Agriculture, Science, and Technology refers to a public HEI which has its own charter and Governing Board and whose primary and major emphases are agriculture, science, and technology based on its nomenclature and course or program offerings.

s. Student Regent/Student Trustee refers to the president of the supreme student council or representative elected by the federation of student council.

RULE III
COVERAGE

Section 4. Coverage. – This IRR of 2022 shall apply to and cover all SUCs in the Philippines, except as provided otherwise.

RULE IV
GOVERNING BOARDS OF STATE UNIVERSITIES AND COLLEGES; COMPOSITION; MANNER OF APPOINTMENT; TERM OF OFFICE; MEETINGS AND QUORUM; COMPENSATION; OTHER RELATED MATTERS

Section 5. Governing Boards. – The GBs of SUCs shall be the BOR for State Universities and the BOT for State Colleges.

Section 6. Composition. – Except as provided for, the GBs of SUCs shall be composed of the following:[1]

a. The Chairperson of the CHED as Chairperson. The CHED Chairperson is authorized to designate a CHED Commissioner as the regular Chairperson to the Governing Board of a particular SUC;

b. The President of the SUC as Vice-Chairperson;

c. The Chairperson of the Committee on Higher, Technical and Vocational Education of the Senate of the Philippines, as member;

d. The Chairperson of the Committee on Higher and Technical Education of the House of Representatives, as member;

e. The Regional Director of the National Economic and Development Authority (NEDA) of the particular region where the main campus of the SUC is located, as member;

f. The Regional Director of the Department of Science and Technology (DOST), in case of science and technological colleges; or the Regional Director of the Department of Agriculture (DA), in case of agricultural colleges; or both Regional Directors of DOST and DA, in case of a combined Science Technological and Agricultural College; or the Secretary of Education for an Autonomous Region. In lieu of such representation, the commanding generals of the Philippine Air Force (PAF) and the Philippine Navy (PN) of the Armed Forces of the Philippines (AFP) shall sit as members of the GBs of the Philippine State College of Aeronautics (PhilSCA) and the Philippine Marine Merchant Academy (PMMA), respectively; in case of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), the Chairperson of the appropriate committee of the BARMM parliament shall be a member of the GBs of the state universities and colleges in the Bangsamoro Autonomous Region pursuant to Section 16, Article IX of RA No 11054, as member.

In case of conflict between this provision and the charter of the SUC as to the membership of the Regional Director of the DOST and the DA in the GBs, the SUC charter shall prevail.

If the charter is silent, the GB may decide on whether it is a Science and Technological College/University or Agricultural College/University or both based on the program it offers;

g. The President of the Faculty Association (FA), as member;

h. The President of the Supreme Student Council / Student Government or the student representative elected by the Student Council / Government President or student representative elected by the Student Council / Government, the GB shall schedule a maximum of one (1) month for the campaign and election of student representative, as member;

i. The President of the Alumni Association of the SUC or the President of the Federation of the Alumni Association thereof, in case of multi-campus SUCs, as member, which has been recognized by the GB, after complying with the requirements of the law in the registration of a non-stock, non-profit association and the charter of the alumni association, to be legitimate and lawful organization of the alumni, as member; and

j. Two (2) prominent citizens representing the private sector, who have distinguished themselves in their professions or fields of specialization, chosen from among a list of at least five (5) persons qualified in the city or the province where the school is located, as recommended by the search committee constituted by the SUC President, in consultation with the Chairperson of CHED, and based on the normal standards and qualifications for the position, as member.

Section 7. Rights and Responsibilities of GB Members. – The GB Chairperson, Vice-Chairperson, and government officials who are GB members in an ex-officio capacity shall perform their functions and duties upon their assumption to office.

The right of the Faculty Association/Federation and Alumni Association/Federation Presidents/Chairs/Heads, and Supreme Student Council/Student Government/Federation President/Chair or Student Council Representative to become members of the GBs shall automatically arise from their election and qualification as such.

Except ex-officio members, all GB members must take their oaths of office before they could assume their functions in the GB.

Section 8. Representatives of GB Members coming from the Government. – If the Chairperson of the Senate Committee on Higher, Technical and Vocational Education, and the Chairperson of the House of Representatives Committee on Higher and Technical Education cannot personally attend any meeting of the GB, they may designate in writing any of the following to attend in their stead:

a. The Vice-Chairperson of the Committee;

b. A Senator or Member of the House of Representatives who is a member of the Committee;

c. Any Senator or Member of the House of Representatives;

d. The Secretary or Assistant Secretary of the Committee; or

e. A member of the legislative staff of the Chair of either House.

Such written authority should be presented to the Board Secretary before the start of the meeting. After such submission, the representative shall be entitled to the rights and powers of any regular member of the GB, unless the principal provides otherwise in writing. In case of a special session for the election of SUC President, the written authority should specify the authority to attend and vote on their behalf. As the official representative of the House/Senate Committee Chair, the decision of his/her representative shall be considered to be the decision of the principal.

The other GB members also coming from the government shall attend the GB meetings in person or through video conferencing and other means allowed under the RA No. 11232, otherwise known as the “Revised Corporation Code.”

Section 9. Federated Supreme Student Council (SSC)/Student Government (SG), Federated Faculty Association, and/or Federated Alumni Association. – In case of SUC’s that have more than one campus, the duly elected Federation Presidents/Chairs/Heads shall represent their respective sectors in the GBs. If not yet federated, the SUC President shall cause their federation immediately after the effectivity of this IRR.

Section 10. Search, Qualification, and Selection of the two (2) Private Sector Representatives (PSR). – (See Annex “A”)

Section 11. Terms of Office. – The terms of office of the Faculty, Alumni, and Student Regents or Trustees in the GB of SUCs shall be conterminous with their respective terms of office as President/Chair/Head of their respective sectoral associations/federations.

In case of graduation, transfer, expulsion, removal for cause, physical or mental disability, death or other analogous causes, the Student, Faculty, or Alumni Regent or Trustee shall be represented by their respective duly-elected next-in-rank officer. The next-in-rank officer shall sit as a regular member of the GB until such time that the duly-elected president of the Student Council or Federation, Faculty Association or Federation, or Alumni Association or Federation shall have assumed office.

Section 12. Meetings. – The GBs of SUCs may hold regular meetings or special meetings.

12.1. Regular Meetings. – The GB of SUCs may regularly convene at least once every quarter.

12.2. Special Meetings. – Special sessions of the GBs of SUCs may only be held twice per year, upon the call of its Chairperson, provided that all the members of the Board shall be duly notified in writing of a special meeting three (3) days before it is held.

A GB member may propose for the conduct of a special meeting through a written request to the SUC GB Chairperson.

12.3. Frequency, Date, and Venue of Regular and/or Special Meetings. – The frequency over and above the minimum stated in Section 12.1 and 12.2, and the date and venue of regular meetings of the GBs shall be determined by the GB itself, provided that the members shall receive the authorized allowances in only four (4) regular meetings and two (2) special meetings per year.

12.4. Responsibility of the SUC President. – The President of a SUC shall be responsible in ensuring the smooth holding of the GB’s regular meetings or special meetings. He must ensure, through the Board Secretary, the preparation of the agenda folders for Board Meetings to be provided to the SUC GB Chairperson and members at least five (5) days prior to any regular meeting and one day prior to a special session.

12.5. Minutes of Meeting. – The minutes of the board meetings shall be confidential in character. Any request for a copy of the minutes or excerpts shall be subject to the approval of the GB Vice-Chairperson, subject to existing laws and regulations. The approval or denial of request shall be appealable to the GB Chairperson.

The minutes of the meeting shall be open to inspection/reproduction by any GB member or representative upon demand in writing. The inspecting or reproducing party shall remain bound by confidentiality rules under prevailing laws, such as the rules on trade secrets or processes under RA No. 8293, otherwise known as the “Intellectual Property Code of the Philippines,” as amended, RA No. 10173, otherwise known as the “Data Privacy Act of 2012,” RA No. 8799, otherwise known as “The Securities Regulation Code,” and the Rules of Court.

Section 13. Quorum. – A majority of all the members of the GB of SUCs holding office at the time of its regular meeting or special meetings shall constitute a quorum.

No regular meeting or special session of the GB of SUCs, however, shall be validly held without the presence of the SUC GB Chairperson. The GB Chairperson may, however, waive his/her participation in writing as may be warranted by the situation. In such case, the SUC President, who is the SUC GB Vice-Chairperson, shall preside over the regular meeting or special meeting.

Section 14. Presiding Officer. – The CHED Chairperson shall be the presiding officer of the regular meetings and special meetings of the GB as its Chairperson, except as otherwise provided herein.

The CHED Chairperson may designate in writing a CHED Commissioner to act as the regular Chairperson of the GB of a particular SUC, until revoked or modified. In such an event, the CHED Commissioner shall assume all powers of CHED Chairperson in that particular SUC, and shall be referred as the SUC GB Chairperson.

In the absence of the GB Chairperson and upon his/her authority, the GB Vice-Chairperson shall preside over the regular meetings and special meetings of the GB, except as hereinafter provided.

While presiding and the GB Chairperson finds it necessarily to leave the meeting temporarily, the GB Chairperson may designate one of the members to act as a Presiding Officer until such time that the GB Chairperson can preside over the said meeting.

Section 15. Representative of the CHED Chairperson. – In case the CHED Chairperson is unable to attend any regular meeting or special meeting of the GB of a SUC without a designated GB Chairperson, the CHED Chairperson may assign, in writing, one of the CHED Commissioners as a representative in the regular meeting or special session.

The representative of the CHED Chairperson so assigned shall not preside over the regular meeting or special session of the GB but shall have all the rights and responsibilities of a regular member thereof.

Section 16. No Compensation for the Chairperson, Vice-Chairperson, and Members of the GB. – The GB shall serve without compensation, but they shall be reimbursed for necessary expenses such as, but not limited to airfare, accommodation, swab testing fee, the amount of which will be based on existing government issuances incurred in their attendance in the GB meetings or in connection with the conduct of official business authorized by resolution of the GB and per diem, the amount of which will be as follows, unless changed or modified by the Department of Budget and Management (DBM) Circular: Board Chairperson are entitled to an amount equivalent to 25% of the monthly representation and transportation allowance of the state university or college president, for every meeting actually attended, but not to exceed four (4) paid meetings per month. Members of governing boards are entitled to an amount equivalent to 25% of the monthly representation and transportation allowance of the state university or college president, for every meeting actually attended but not to exceed four (4) paid meetings per month.

RULE V
POWERS AND DUTIES OF THE GOVERNING BOARD

Section 17. Powers and Duties of the Governing Board. – The GBs of SUCs shall have the following powers and duties, in addition to the general powers of administration and the exercise of all the powers granted to a Board of Directors of a corporation under Section 36 of Batas Pambansa (BP) Blg. 68, as amended by RA No. 11232, otherwise known as the “Revised Corporation Code of the Philippines,” thus:

a. Enact rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the university or college;

b. Receive and appropriate all sums as may be provided for the support of the university or college, in the manner it may determine and in accordance with its discretion, in order to carry out the purposes and functions of the university or college;

c. Receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose the same when necessary for the benefits of the university or college, subject to the limitations, directions and instructions of the donors, if any;

Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor: Provided, however, that the rights, privileges and exemptions extended by the Act likewise shall likewise be extended to non-stock, non-profit private universities and colleges: Provided, finally, that the same privileges shall also be extended to city colleges and universities with the approval of the local government unit concerned and in coordination with the CHED;

The Commissioner of the Bureau of Internal Revenue (BIR) and the Secretary of the Department of Finance (DOF) shall be informed by the GB of the SUC of such donations in order to effect the necessary tax exemptions as herein provided.

d. Fix the tuition fees and other necessary charges, such as, but not limited to matriculation fees, graduation fees, and laboratory fees, as they may deem proper to impose, after due consultations with the involved sectors;

Such fees and charges, including government subsidies and other income generated by the university or college, shall constitute special trust funds and shall be deposited in any authorized government depository bank, and all interest that shall accrue therefrom shall be part of the same fund for the use of the university or college: Provided, that income derived from university or college hospitals shall be exclusively earmarked to the operations of such hospitals.

Any income generated by the university or college from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the university or college, and may be disbursed by its GB for instruction, research, extension, or other programs/projects of the university or college: Provided, that all fiduciary fees shall be disbursed for the specific purposes for which they are collected.

If, for reasons beyond its control, the university or college shall not be able to pursue any project for which funds have been appropriated and allocated under its approved program of expenditures, its GB may authorize the use of said funds for any reasonable purpose which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the university or college.

e. Adopt and implement a socialized scheme of tuition and greater access to poor but deserving students, subject to the provisions of RA No. 10931 and its IRR[2];

f. Authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personal properties, including necessary supplies, materials and equipment. Purchases and other transactions entered into by the university or college through its GB shall be exempt from all taxes and duties;

g. Appoint, upon the recommendation of the President of the university or college, the institution’s vice president(s) subject to pertinent issuances related to the position, deans, directors, heads of departments, faculty members, and other officials and employees;

h. Fix and adjust salaries of faculty members and administrative officials and employees, subject to the provisions of the revised compensation and classification system and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as it may deep proper; grant them, at its discretion, leaves of absences such regulations as it may promulgate, any provisions of existing law to the contrary notwithstanding; and remove them for cause in accordance with the requirements of due process of law;

i. Approve the curricula, institutional programs, and rules of discipline of students drawn by the administrative and academic councils as hereinafter provided;

j. Set policies on admission and graduation of students;

k. Award honorary degrees upon persons in recognition of their outstanding contribution in thee fields of education, public service, arts, science and technology or in any field of specialization within the academic competence of the university or college and to authorize the award of certificates of completion of non-degree and non-traditional courses;

l. Absorb non-tertiary institutions within the respective provinces where their university or college is located, in coordination with the CHED which must approve the merger, in consultation with the DBM, and offer programs or courses to promote and carry out equal access to educational opportunities;

m. Establish research and extension centers to promote development.

n. Establish Chairs in the university or college and to provide fellowship for qualified faculty members and scholarships to deserving students;

o. Delegate any of its powers and duties to the President and other officials of the university or college as be appropriate so as to facilitate the administration of the affairs of the university or college;

p. Authorize an external management audit of the university or college, and request the CHED to finance the audit, subject to Commission on Audit (COA) rules and regulations; and institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

q. Collaborate with the other GBs of SUCs within the province or the region, under the supervision of the CHED which must approve the activity, and in consultation with the DBM, and work towards their restructuring so that they will become more efficient, relevant, productive, and competitive;

r. Enter into joint ventures with business and industry for the profitable development and management of the economic assets of the university or college, the proceeds from which is to be used for the development and strengthening of the university or college;

s. Develop consortia and other forms of linkages with local government units, institutions, and agencies, both public and private, local and foreign, in furtherance of the purposes and objectives of the university or college;

t. Develop academic arrangements for institution-capacity building with appropriate institutions and agencies, public or private, local or foreign and to appoint experts and specialists as consultants, or as visiting or exchange professors, scholars, researchers;

u. Adopt modern and innovative modes of transmitting knowledge such as the use of information technology, the dual system, open learning, community laboratory, flexible learning[3], smart campus[4], etc. for the promotion of greater access to higher education;

v. Establish policy guidelines and procedures for participative decision-making and transparency within the university or college;

w. Privatize, where most advantageous to the university or college, the management of non-academic services such as health, food, building, or grounds and property maintenance, and other similar activities, subject to existing rules and regulations; and

x. Extend the service of the incumbent President of the college or university to complete a term beyond the age of compulsory retirement but not later than the age of seventy (70), if the President’s performance is unanimously rated as outstanding and upon unanimous recommendation by the search committee or evaluation committee created by the GB for the purpose.

RULE VI
PROMULGATION AND IMPLEMENTATION OF POLICIES BY THE GOVERNING BOARDS (GBs)

Section 18. Promulgation and Implementation of Policies by GBs. – The GBs of SUCs may promulgate and implement polices vis-à-vis higher education in their respective SUCs, provided these are consistent with the declared state policies on education and other pertinent provisions of the Constitution of the Philippines on education, science and technology, arts, culture and sports, and with the policies, standards, and thrusts of the CHED under RA No. 7722, otherwise known as the “Higher Education Act of 1994.”

RULE VII
ADMINISTRATION OF SUCs; SELECTION AND APPOINTMENT, MINIMUM QUALIFICATIONS, TERM OF OFFICE, AND RE-APPOINTMENT OF THE SUC PRESIDENT; TENURE OF INCUMBENTS; VACANCY IN THE OFFICE OF THE PRESIDENT, DESIGNATION OF OFFICER-IN-CHARGE; OTHER OFFICERS

(See Annex “B”)

RULE VIII
SECRETARY AND EX-OFFICIO TREASURER OF SUCs;
AUDIT

Section 19. Secretary of the Board and of the University or College. – The GBs of SUCs shall appoint their Secretary who shall serve as such for both the Board and the university or college.

The Secretary so appointed shall, among others, keep all the records and the minutes of the proceedings of the GB and shall communicate to the SUC GB Chairperson, Vice-Chairperson, and members of the SUC GB notice of all regular meetings, special sessions, and other undertakings of the GB. The President of a SUC must ensure, through the Board Secretary, the preparation of the agenda folders for Board Meetings to be provided to the SUC GB Chairperson and members at least five (5) days prior to any regular meeting and one day prior to a special session.

In the absence of the Secretary for a scheduled meeting, an alternate Secretary may be designated by the GB.

Section 20. Ex-Officio Treasurer of the Philippines. – The Treasurer of the Philippines shall be the ex-officio treasurer of the university or college.

Section 21. Audit. – All accounts and expenses of SUCs shall be audited by the COA or its duly authorized representative.

RULE IX
ADMINISTRATIVE COUNCIL; ACADEMIC COUNCIL

Section 22. Administrative Council. – There shall be an Administrative Council consisting of the President of the SUC as Chairperson, and its Vice Presidents, Deans, Directors, and other officials of equal rank, as Members.

In case of SUCs that are big or consisting of multi-campuses, a Campus Administrative Council may be established provided that these campuses should have equal representation in the university or college Administrative Council.

The Governing Board of the SUC, as Chairperson, shall constitute the Administrative Council.

Section 23. Duties of the Administrative Council. – The Administrative Council of a SUC so formed and constituted shall review and recommend to the GB policies governing the administration, management, and development planning of the SUC.

Section 24. Academic Council. – There shall be an Academic Council consisting of the President of the SUC as Chairperson, and members of the SUCs’ Instructional Staff in all campuses with the rank of not lower than Assistant Professor, as Members.

The President of the SUC, as Chair, shall constitute the Academic Council.

Section 25. Powers of the Academic Council. – The Academic Council so formed and constituted in a SUC shall have the following powers, in accordance with Section 4, paragraph (o) and (v) of RA No. 8292 to wit:

a. Determine, review, and recommend for the approval of its GB, the course offerings of the university or college; and,

b. Draft, review, and recommend for the approval of the GB, rules on student discipline of the SUC. It shall fix the requirements for the admission of students as well as for their graduation and conferment of degrees, and submit such rules to the GB for review and approval in accordance with Section 4, paragraph (l) of RA No. 8292.[5]

RULE X
ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY OF SUCs

Section 26. Academic Freedom and Institutional Autonomy. – All SUCs shall enjoy academic freedom and institutional autonomy as provided for in B.P. Blg. 232, and paragraph 2, Article XIV of the 1987 Constitution.

RULE XI
NO DISCRIMINATION IN ADMISSION OF STUDENTS IN SUCs

Section 27. No Discrimination in Admission and Retention of Students. – Students shall not be discriminated against and denied admission or completion of their studies in any SUC by reason of sex, sexual orientation, nationality, religion, political affiliation, ethnicity, or physical disability. The admission and retention policy of the SUCs shall be in harmony with its academic freedom and institutional autonomy subject to the provision of RA No. 10931 and its IRR.[6]

RULE XII
FILING OF REPORT BY PRESIDENTS OF SUCs

Section 28. Filing of Report by Presidents of SUCs. – On or before the fifteenth (15^th) day of the second month after the opening of regular classes of every academic year, the Presidents of SUCs shall file with the Office of the President of the Philippines, through the Office of the CHED Chairperson or the CHED Commissioner designated as the Chairperson of the GB, and with the respective Committee Chairpersons of the Senate and the House of Representatives, a detailed report on the progress, condition, and needs of their respective SUCs.

Section 29. The University of the Philippines and Mindanao State University Systems. – This IRR shall not cover and affect the charter of the UP system, except that henceforth, its GB shall be chaired by the CHED Chairperson who shall preside over all regular meetings and special sessions of the UP BOR.[7]

This IRR shall likewise not cover and affect the charter of the MSU System, except that henceforth, its GB shall be chaired by the CHED Chairperson who shall preside over all regular meetings and special sessions of the MSU BOR, with the Chairpersons of the Senate Committee on Higher, Technical and Vocational Education, and House of Representatives Committee on Higher and Technical Education sitting as additional members of its GB.

RULE XIII
TRANSITORY PROVISIONS FOR NEWLY CONVERTED STATE UNIVERSITIES

Section 30. Election of Student Regent / Student Trustee. – In case the SUC does not yet have a Supreme Student Council (SSC) / Student Government (SG), or is still in the process of federating its SSC/SG, for multi-campus SUCs, or does not have a Student Regent / Student Trustee elected by its students, the SUC President must cause the holding of a free and honest election to choose the Student Regent / Student Trustee immediately after the effectivity of IRR, allowing for this purpose at least one (1) week for the campaign and election of such Student Regent / Student Trustee.

Section 31. Establishment of Supreme Student Council / Student Government and Federation. – Presidents of SUCs shall see to it that there exists in each of their respective institutions a free and independent SSC/SG or Federation to ensure that the students are represented in the respective GBs by the duly-elected Student Regent / Student Trustee.

Section 32. Powers and Functions of OIC-Presidents. – For purpose of this IRR, OIC-Presidents of SUCs shall exercise the powers and functions defined in their designation by the GB Chairperson as confirmed by their respective GB.

Section 33. Status of Present Members of the GBs of SUCs. – Members of the GBs of SUCs coming from the government who are no longer members under this IRR shall no longer be considered as such immediately upon the effectivity of this IRR.

Section 34. Alumni Associations of New SUCs. – Newly-created SUCs that have not yet produced graduates in the tertiary level may consider their alumni association before their conversion/merger/integration into a SUC, or their high school alumni association as the alumni association of the SUC until such time that the SUC shall have produced alumni in the tertiary level. When the SUC has produced tertiary level alumni, the SUC President shall cause the creation of an alumni association and its members shall vote for their alumni representative to the GB of the SUC.

RULE XIV
SEPARABILITY AND REPEALING CLAUSE

Section 35. Separability Clause. – If for any reason, any part or provision of this IRR is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain valid.

Section 36. Repealing Clause. – All issuances, rules and regulations, specifically pertinent provisions of CMO No. 3, series of 2001, otherwise known as the “Revised Implementing Rules and Regulations of RA No. 8292,” CMO No. 16, s. 2009, and CEB Resolution No. 171-2011 that are in conflict with or inconsistent with the provisions of this IRR are repealed or modified accordingly.

RULE XV
EFFECTIVITY CLAUSE

Section 37. Effectivity Clause. – These Rules shall take effect fifteen (15) days after the date of its publication in at least two (2) newspapers of general circulation and after filing/deposit with the Office of the National Administrative Register (ONAR), U.P. Law Center, Quezon City.

APPROVED this 20^th day of June 2022.

(Signed)
J. PROSPERO E. DE VERA III, DPA
Chairman, Commission on Higher Education

ANNEX A

RULE IV. Section 10.
Search, Qualification, and Selection of the Two (2) Private Sector Representatives (PSR)

Section 1. Creation of a Search Committee for the PSR. – A Search Committee for the Private Sector Representatives (SCPSR) to search, screen, and recommend eligible candidates for the PSR shall be constituted by the SUC President, in consultation with the CHED Chairperson or Chairperson Designate, not later than thirty (30) days from the commencement of the search.

At the creation of a Search Committee, the GB may decide to reduce the number of candidates to a minimum number of three (3) if there is only one vacancy. In case of two (2) vacancies, there should be at least five (5) candidates.

Section 2. Composition of the SCPSR. – The SCPSR to be formed and constituted by the SUC President shall consist of three (3) designated members, one from the faculty, one from the student sector, and one from the private sector. The members of the SCPSR shall elect among themselves the SCPSR Chairperson. The members of SCPSR Secretariat shall be designated by the SUC President from the employees of the SUC.

No SCPSR member shall be related within the fourth civil degree of consanguinity or affinity, or have personal, social, professional relationships; business interests or financial connections, or political party affiliations, with an applicant or nominee to avoid conflict of interest.

In any of such cases, the SCPSR member shall disclose the fact to the GB. The disclosure or discovery of such relationship and possible conflict of interest or partiality will serve as a ground for the GB to decide whether to revoke the appointment of the concerned SCPSR member.

Section 3. Search for PSR; Publication. – The search for PSR shall as much as possible commence within six (6) months, but not earlier than eight (8) months, prior to the expiration of the current term of a PSR. The SCPSR shall seek nominations of PSR candidates from the community, relevant industries, businesses, and professions. The SCPSR shall initiate the call for nominations through publication using local or national newspapers, multi-media channels, radio, letters to various civic, social and/or professional organizations, social media sites, or online announcements, among others. The Invitation for Application or Nomination shall be published in at least one (1) newspaper of general circulation for at least two (2) consecutive weeks. The notice shall include the minimum qualifications under Section 4, the documentary requirements under Section 5, the deadline for submitting the requirements, and the place for submission of the application or nomination.

Section 4. Minimum Eligibility Requirements and/or Standards for PSR in the GBs. – The PSR must meet the following minimum conditions for appointment:

a. Be a Filipino citizen and of legal age;

b. From an industry, business, or profession preferably related to the SUC’s charter or mandate;

c. Have at least five (5) years of employment, business, or practice of profession in the private sector;

d. Be domiciled in or a resident for at least two (2) years of the city or province where the SUC or its campuses are located;

e. Not connected with the SUC concerned or other government agencies and instrumentalities in any manner, for one (1) year immediately prior to his or her nomination to the PSR position;

f. Not currently employed or appointed to any position in the government (local, national, including government-owned and controlled corporations), be it full time or part time, at the time of nomination for the PSR position;

g. Not related to any member of the present Board or their duly-authorized representatives, within fourth civil degree of consanguinity or affinity; and

h. Not have been a candidate who lost in any national or local election, except for barangay elections, within one (1) year after such election.

Section 5. Documentary Requirements for Application or Nomination to the PSR. – In order to observe the minimum requirements provided in Section 4, the Nominee shall provide the following documentary requirements:

a. Duly notarized application or nomination (with the conformer of the Nominee);

b. Duly accomplished, computerized and notarized Personal Data Sheet (CSC Form 212);

c. Certificate oof Employment stating Nominee’s present position in the private sector related to the industry, business or profession related to the SUC’s charter or mandate;

d. Service Record of Nominees who have been employed in the government at any point;

e. NBI Clearance;

f. Certification of No Connection with SUC the Nominee is applying or nominated to;

g. Signed Commitment and Availability of the Nominee to serve as PSR;

h. Signed Conforme to the Conditions of PSR as provided in Section 14; and,

i. Other documents as may be required by the SUC GB.

Section 6. Deadline for Submission of Applications or Nominations. – The SCPSR shall determine the deadline for the submission of applications or nominations in accordance with the timeline set by the SUC GB. Applications or nominations shall be sent through the SCPSR Secretariat, addressed to the SCPSR Chairperson.

Applications, nominations, and other documentary requirements shall be filed personally, through a representative, by registered mail, or by authorized private courier, with the Secretariat of the SCPSR, provided that all applications or nominations must be received on or before the deadline. Online submission of documents may be allowed subject to submission of hard copies of the same.

Section 7. Processing and Screening of PSR Nominees. – The SCPSR shall conduct a series of meetings to evaluate all the applications, nominations, documentations and references submitted to it. It shall, at its discretion, initiate and conduct validation processes of these materials.

Only those applicants or nominees who meet the minimum requirements will be considered for inclusion in the short list of candidates that the SCPSR will recommend to the SUC GB.

In case there are less than the required candidates, the search committee may set a new period for submission of applications or nominations.

In any case, the SCPSR shall submit its report and recommendation at least thirty (30) days prior to the expiration of the term of the incumbent PSR.

Section 8. Selection Criteria for Candidates. – All qualified applicants and nominees for the PSR may be evaluated using the following criteria:

a. Prestige and prominence of the applicant or nominee;

b. Past and current membership in civic, social, religious, and professional organizations;

c. Past and current achievements in the field of specialization; and

d. Knowledge, expertise, depth, and breadth of experience and business acumen.

Section 9. Ranking and Recommendation. – The SCPSR shall rank candidates using an evaluation tool and prepare a shortlist of the required five (5) candidates if the vacancy in the Office of the PSR is two, and a shortlist of the required three (3) candidates if the vacancy in the Office of the PSR is only one.

The SCPSR shall also prepare a report on all the nominations, pertinent documentation, and references it received, as well as the result of the validation process it conducted on the qualified candidates’ prominence, achievements, and reputation. From these, the SCPSR shall state the bases for its recommendations of the five (5) highest ranked candidates to the SUC GB to fill up one or two vacant slots for the PSR in the GB.

The reports and recommendations of the SCPSR shall be submitted to SUC GB within sixty (60) days from the closing of applications and nominations for the PSR positions but not later than thirty days prior to the expiration of the term of the incumbent PSR(s).

Section 10. Selection of PSR(s). – The SUC GB shall select the PSR from the list of candidates per recommendation of the Search Committee. The selection may be done viva voce or through secret balloting.

Section 11. The search process shall be completed within a period of eight (8) months.

Section 12. Appointment of PSR(s). – The selected PSR(s) shall be appointed by the GB through a Resolution duly adopted by it. Their appointments shall be signed by the Chairperson or GB member duly designated by the Board.

Section 13. Assumption of PSR(s). – Upon the receipt of the Appointment Paper(s), the duly appointed PSR(s) shall assume office after taking their oath(s).

Section 14. Terms of Office and Conditions of PSR(s). – The terms of office and conditions of PSRs shall be as follows:

a. Each PSR shall serve for a term of two (2) years, commencing from the time they take their oath of office. A PSR shall not, after his or her term ends, act in a hold-over capacity.

b. In case of death, incapacity, resignation, or other analogous reasons, the PSR’s position shall be deemed vacated. A new search process for a new PSR must be established in accordance with the provisions of the IRR. The new PSR will serve the full term of two (2) years.

Section 15. Confidentiality of Information. – The SCPSR shall not use or divulge confidential information officially known to its members by reason of their office and not made available to the public, either:

a. To further their private interests, or give undue advantage to anyone; or

b. To prejudice the public interest.

ANNEX B

RULE VII
THE ADMINISTRATION OF SUCs; THE PRESIDENT OF A SUC; PRESIDENT’S SELECTION AND APPOINTMENT, MINIMUM QUALIFICATIONS; TERM OF OFFICE; RE-APPOINTMENT; TENURE OF INCUMBENTS; VACANCY IN THE OFFICE OF THE PRESIDENT, DESIGNATION OF OFFICER-IN-CHARGER; OTHER PURPOSES

Minimum Qualifications; Applicants for SUC President; Search Process

Section 1. Administration of SUCs. – The administration of a State University and College (SUC) is vested on its President who shall render full-time service.

Section 2. President of a SUC; Selection; Appointment. – The President of a SUC shall be selected and appointed by the Governing Board (GB) upon the recommendation of a duly-constituted Search Committee for the Presidency.

Section 3. Creation of Search Committee for President. – The following conditions shall apply in the conduct of the search for SUC Presidents:

a. The GBs of SUCs shall create a Search Committee for President (SCP) to search, screen, and recommend eligible candidates for SUC President, not later than six (6) months before the end of the term of the incumbent President. The GBs shall also designate the members of the SCP Secretariat to assist the SCP with its tasks and activities.

b. The SCP shall have at least five (5) members selected by the GB composed of qualified representatives from the academic community, the private sector, CHED and PASUC, provided that the PASUC representative is not from the same region where the SUC concerned is located. The GB shall designate the Chairperson of the SCP from among the members of the SCP. The SCP shall meet within twenty days from its constitution.

c. No SCP member shall be related within the fourth civil degree of consanguinity or affinity, had or have personal, social, professional relationships, business interests of financial connections, and political party affiliations to an applicant for SUC President to avoid conflict of interest.

If any of such relationship exists, the SCP member shall disclose the relationship to the GB. The disclosure or discovery of such relationship and possible conflict of interest or partiality will serve as basis for the GB to decide whether to revoke the appointment of the concerned SCP member.

d. The representative of the private sector in the SCP must not in any way be directly or indirectly connected with the SUC conducting the search process.

e. To ensure the effective and efficient performance of its duties, the GB shall allocate a budget and provide the facilities of the SUCs to SCP.

Section 4. Publication of Notice of Seach for SUC President. – The SCP shall, within one (1) month from its constitution, prepare the notice of search for SUC President and publish it in at least one newspaper of general circulation for at least three consecutive weeks.

Publication in multimedia of the notice within the same time frame is also encouraged. The notice shall include the minimum qualifications under Section 5, the documentary requirements under Section 6, the deadline for submitting the requirements, and the place for the submission of the application. The applications shall be sent through the SCP Secretariat, addressed to the SCP Chairperson.

The applications and other documentary requirements shall be filed personally, through a representative, by registered mail, or by authorized private courier with the SCP Secretariat, provided that all the applications must be received on or before the deadline.

Section 5. Minimum Qualifications. – The minimum qualifications of any applicant for the SUC Presidency shall be:

a. Not less than thirty-five (35) years old and not a day older than the sixty-first (61^st) birthday at the time of the expiration of the term of the incumbent President;

b. A Filipino citizen;

c. Holder of an earned doctorate degree from a CHED-recognized HEI or foreign institution accredited by its respective higher education ministry/commission or appropriate regulation body, which is defined as Level 8 in the PQF, under RA No. 10968;

d. With proven track record as SUC/LUC administrator (e.g., president, vice-president, dean, campus administrator, director) or high-level management executive / administrator, whether in the public or private sector, for at least five years; Nomenclature of the position, especially in the private sector may be clarified by the GB as long as position is high-level management; and,

e. Must not have been convicted for a crime involving moral turpitude, or an offense punishable by imprisonment for a period exceeding six (6) years, or suspended administratively for twelve (12) months, or dismissed from the service.

The GB may set additional minimum qualifications it deems fit.

Section 6. Documentary Requirements for SUC Presidential Applicants. – Interested applicants must submit one (1) set of original and six (6) photocopies of the following documents to the SCP Secretariat:

a. Formal application letter addressed to the SUC GB Chairperson;

b. Detailed curriculum vitae, attested and signed by the applicant;

c. Transcript of records, training certifications, professional accreditations, diplomas, and employment/service records;

d. Published research work, if any;

e. Signed and notarized statement containing the Proposed Vision, Mission, and Development Goals for the SUC by the applicant;

f. Certificates/clearances from the following government agencies, obtained no more than three (3) months from the filing date of the application, indicating that the applicant has not been found guilty in any administrative or criminal case;

· National Bureau of Investigation (NBI)

· Sandiganbayan

· Civil Service Commission (CSC)

· Office of the City Prosecutor

· Office of the Ombudsman (for government employees)

· Institution/Company where the applicant is presently employed

In case of delay in the issuance of the agency/office concerned due to pandemic or fortuitous events, proof of application fee may be used in the application subject to submission of the Certificates/Clearances at the time of the pre-evaluation process by the SCP. The deadline of which can be set by the Search Committee.

g. Birth certificate authenticated by the Philippine Statistics Authority (PSA);

h. Medical certificate of physical fitness issued by a physician from a government health institution not in any way connected with the applicant or the SUC applied for;

i. Drug testing certificate pursuant to the CSC Memorandum Circular No. 13, s. 2017;

j. Neuro-psychiatric examination result obtained from a government health institution. In case there is none, the neuro-psychiatric examination result shall be obtained from a DOH-accredited institution not connected with the applicant;

k. Duly accomplished, computerized, and notarized Personal Data Sheet (CSC Form 212); and,

l. Other documents that may be required by the SUC GB.

The documentary requirements shall be submitted on or before the deadline specified in the published notice of search and call for applications.

An applicant who does not meet any of the above minimum qualifications and fails to submit any of the documentary requirements shall automatically be disqualified from the search process.

Section 7. Submission and Pre-Evaluation Process. – The procedure for the submission and pre-evaluation of applications for the SCP Presidency is as follows:

7.1. An applicant or his/her representative must submit all the required documents to the SCP Secretariat within the prescribed period.

7.2. The SCP Secretariat shall transmit the original and photocopies of the documents submitted by the applicant to the SCP. All original documents submitted by an applicant that is accepted by the SCP Secretariat must be returned to the applicant within sixty (60) days after the completion of the search and selection processes.

7.3. The SCP Secretariat shall submit a status report on the tasks delineated in Subsections 7.1 and 7.2, as well as a summary of documents received and the issues it encountered, to the SCP Chairperson within ten (10) calendar days after the deadline set in the published Notice.

7.4. Upon receipt of the SCP Secretariat Report, the SCP shall convene within a reasonable period to determine if the documents screened and pre-evaluated by the SCP Secretariat are indeed complete. The SCP shall also look into the documentary issues that the SCP Secretariat encountered and reported, and all the documents attached to the report to validate the decision of the SCP Secretariat. During this period, the SCP is given the authority to ascertain, validate the validity of the compliance with the minimum requirements and/or documentary requirements.

7.5. If the SCP decides to disqualify an applicant because of failure to comply with all the minimum requirements and/or submit all the documentary requirements, it shall immediately inform the applicant, stating the reasons for the disqualification.

7.6. A motion for reconsideration of an applicant’s disqualification may be filed with the SCP and should be resolved by the SCP within five (5) days from receipt of the MR. Decision of the SCP may be appealed to the GB. The decision or resolution of the SCP disqualifying an applicant for failure to submit the complete requirements on time shall be final. All the original documents and their photocopies shall be returned to the applicant.

7.7. In case the SCP has determined, that there are three or more qualified applicants, the SCP through its Chairperson shall immediately send formal notices to the applicants inviting them to proceed with the succeeding phases of the search, i.e., the public presentation and panel interview to be held at the SUC premises.

7.8. In case the SCP has determined that there are less than three applicants who have submitted applications or less than three (3) applicants who have qualified, the SCP shall report the same to the GB.

Section 8. Evaluation Process and Recommendation of SCP to the GB. – After the applicants have been qualified, the SCP shall evaluate them based on the following criteria:

Personal Competence 35%

Academic Background 25%

Public Forum / Presentation 25%

Panel Interview 15%

TOTAL 100%

The professional competence and academic background of applicants shall be evaluated using the Profile Appraisal Form attached as Annex “C” of this IRR.

Section 9. Re-opening of Submission of Applications. – The SUC GB shall reopen the submission of applications for SUC President if upon report of SCP.

a. Less than three (3) aspirants have submitted applications; or,

b. Less than three (3) aspirants have qualified.

The SCP shall publish the Notice of Search in accordance with Section 4. Applicants who have already submitted his/her application and documentary requirements during the previous search need not submit anew.

After re-opening the submission of applications, and there are still less than three (3) qualified applicants, the SUC GB may choose to reopen the search or choose from the qualified applicants per evaluation of the Search Committee.

Section 10. Election and Appointment of SUC President by the Governing Board. – The meeting to elect a new SUC President shall be presided by the CHED Chairperson or Chairperson-designate, who has the right to participate in the voting.

A majority of all the members of the GB of SUCs holding office at the time of its regular meeting or special meetings shall constitute a quorum.

If the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the Chairperson of the House of Representatives Committee on Higher and Technical Education cannot personally attend the meeting for the election, they may be represented, subject to Section 8 of this CMO. The sending of the representatives, however of the said principals, is an undertaking on the part of the members that they have discussed their vote to their representatives and the vote of their representatives serve as their own vote.

In case of two or more recommended qualified candidates, the candidate who garners the majority vote of the members who are present in the meeting and part of the quorum during the election, through secret balloting, shall be declared the SUC President.

In the event that there is no majority vote, the GB shall proceed to a second balloting, up to a final third balloting. If after the third balloting there is still no majority vote, the SUC GB may decide to adopt any of the following tie-breaking measures:

a. Look into the SCP ranking results of the candidate and declare the person with the higher ranking as the SUC President; or,

b. Runoff voting. In this method, each Governing Board member ranks the list of applicants in order of preference. The applicants are ranked in ascending order with a “1” next to the most preferred candidate, a “2” next to the second most preferred candidate and so forth. In the initial count, the first preference of each voter is counted and used to order the candidates. Each first preference counts as one vote for the appropriate applicant. Once all the first preferences are counted, if one candidate holds a majority (more than 50% of votes cast), that candidate wins. Otherwise, the candidate who holds fewer first references is eliminated. Ballots assigned to eliminated candidates are recounted and assigned to one of the remaining candidates based on the next preference on each ballot. The process repeats until one candidate achieves a majority of votes for continuing candidates.

c. In case of a unanimous vote, the Governing Board may re-open the search process.

In case of a lone qualified candidate, after the reopening of applications for search provided in Section 9, the candidate must obtain a majority vote of the sitting members. If after the balloting has been done three times and there is still no majority, the GB shall open the search for a new President.

The newly-elected SUC President shall be appointed by the GB through a Resolution duly adopted by it on the same day of the election. The appointment shall be immediately signed and issued by the Chairperson of the GB. The duly elected SUC President shall take the oath of office before the Chairperson of the SUC GB and sham assume office in accordance with their appointment.

If a member of the SUC GB is related to any qualified applicants by consanguinity or affinity up to third civil degree, such member shall be automatically disqualified from voting.

Section 11. Non-Postponement of Election of SUC President. – The meeting called for the election of an SUC President shall not be postponed due to the absence of any GB member, if there is a quorum of the sitting GB members. The meeting must adhere to the three-day written notice rule in Section 3(c) of RA No. 8292.

Section 12. Term of Office of SUC President. – Presidents of SUCs appointed by their GBs in accordance with this IRR shall have a term of four years, the beginning and end of which must be clearly specified in the appointment issued by the GBs. The SUC President is eligible for reappointment for one (1) term only. The procedures of reappointment for a second term are as follows:

a. An incumbent President shall undergo a process of evaluation on the key areas of governance. The GB shall constitute the Evaluation Committee (EC), whose composition should be the same as that of the SCP. The EC shall formulate the criteria for the evaluation of the performance of the incumbent, which shall be submitted for the approval of the GB. The EC shall submit its report to the GB addressed to the GB Chairperson.

b. The reappointment of an SUC President shall be done in a special session to be presided by the Chairperson or SUC GB Chairperson. In order for the SUC President to be reappointed, he or she should have garnered a majority vote of all the sitting members. In the event that the GB voted not to reappoint the President, it shall constitute an SCP, or at its option convert the EC to an SCP to conduct a search for a new SUC President, following the procedures of search under this IRR.

c. A SUC President whose term will reach the mandatory age of retirement but not more than seventy (70) years old may signify an intention for an extension of services for purpose of completion of term within six (6) months prior to such mandatory retirement. No SUC President shall be extended beyond the age of seventy (70).

d. A person appointed as a SUC President after RA No. 8292 took effect may only serve only two (2) terms consisting of four (4) years, or a maximum of eight (8) years, regardless if the second term is by “reappointment” or “extension.” (DOJ Opinion No. 25, s. 2021 dated 05 August 2021). Upon the expiration of the two terms of the SUC President, the position shall be deemed automatically vacated.

e. The GB may extend the term of the President of the college or university beyond the age of retirement (65) but not later than the age of seventy (70), taking into consideration that his/her performance has been unanimously rated as outstanding and upon unanimous recommendation by the search committee for the President of the institution concerned. The extensions should be requested by the President before the evaluation process, and approval of which should be contained in a GB resolution.

In the determination of the rating of the Search or Evaluation Committee, and there are different ratings by the members, the Search or Evaluation Committee should get the aggregate numerical rating and determine if the same falls on the outstanding category.

f. The minimum standard for the re-appointment of an SUC President is attached as “Annex D”, without prejudice to the concerned SUC to include additional criteria.

Section 14. Hold-Over. In the event of the expiration of term of an SUC President, the concerned SUC GB may allow hold-over capacity of its President under the following conditions:

a. The SUC has substantially undertaken the activities for the evaluation for re-appointment of the incumbent President;

b. The GB has not yet resolved whether the President will be reappointed for a second term, or in case the President has signified his/her intention not to be re-appointed, the GB has not yet appointed a new President.

c. The GB has approved the hold-over capacity before the expiration of the term; and

d. No hold over capacity shall exceed the period of six (6) months. After the expiration of that period and no President has been elected, the GB shall designate an OIC-President.

Section 15. Re-appointment of SUC President under Secondment. – The re-appointment of SUC President under secondment shall, aside from complying with the requirements prescribed in this IRR, strictly adhere to the requirements of Civil Service Commission (CSC) Memorandum Circular No. 15, s. 1999, as amended by CSC Resolution No. 06-1165 dated July 5, 2006, the Guidelines on Secondment, and the applicable provisions of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA) issued by the CSC.

The OIC-President shall not be allowed to vote in the selection of the SUC President. In case the vacancy shall result in the search for a new president, no OIC-President shall be allowed to run as SUC President in the same SUIC that he or she is currently serving. The designated OIC-President may serve for a period of up to one (1) year.

Section 18. Appointment of New President after Vacancy Occurs. – In case a new President is appointed by the GB of a SUC after a permanent vacancy occurs in the Office of the President but during the term of office of the original appointee, the new President shall be selected through the regular search process for presidency in accordance with this IRR and the new President shall be entitled to hold office only for the unexpired term. The new President may be eligible for reappointment to another term, subject to Section 32 of this IRR. The service of the new President for the unexpired term shall not count as a term for purposes of appointment and reappointment.

Section 19. Other Officers. – A Vice President for Academic Affairs, who shall assist the President of a SUC, shall be appointed or designated by the SUC GB based on the qualifications it set forth, upon the recommendation of the President.

When so warranted, and subject to the issuances of the concerned government agencies, other Vice Presidents may be appointed or designated by the GBs of the SUCs based on the qualifications they set forth, upon the recommendation of the President.

Section 20. Confidentiality Information. – The SCP shall not use or divulge confidential information officially known to them by reason of their office and not made available to the public, either:

a. To further their private interests, or give undue advantage to anyone; or,

b. To prejudice the public interest.

ANNEX C

PROFILE APPRAISAL

Name of Applicant: ______________________________________________

I. Professional Competence: 35%

Criteria	Maximum Points	Suggested Points	Actual Points
A. Philosophy, Mission, and Vision
1. Relevance to global development and national trust	15	5	__________
2. Comprehensiveness		4	__________
3. Responsiveness to provincial/regional and national objectives		3	__________
4. Realism		3	__________
B. Relevant Administrative Experiences
1. Administrative Experiences – for every year of full-time administrator as: a. Executive positions in the government (e.g., Secretary, Undersecretary) b. University/College President c. University/College Vice President d. University/College Dean/Director or Assistant Secretary	25	12	__________
2. Linkages in the Administration (i.e., International, National, Regional, Local)		8	__________
3. Relevance of professional experience to the position applied for		5	__________
C. Managerial Competence
1. Managerial performance in executive positions occupied with emphasis on quality and output	35	10	__________
2. Leadership, integrity, and morality a. Track record in the use of authority and influence b. Flexibility in the exercise of different leadership styles and behavior c. Success in reconciling difference among various interest groups (e.g., faculty, students, staff, etc.) d. Ability to source out funds e. Integrity and morality		15	__________
3. Assertiveness (honest, self-respecting, straightforwardness, tactful)		5	__________
4. Awards in management (i.e., International, National, Regional, Local)		5	__________
D. Acceptability in the Community
1. Public reputation as professional and administrator	25	10	__________
2. Respect that the nominee commands in the community		10	__________
3. General perception of personal integrity		5	__________
TOTAL	100

II. Academic Background: 25%

Criteria	Maximum Points	Suggested Points	Actual Points
A. Tertiary Level Experience
1. Teaching (for every year of full-time academic service in a state institution of higher learning and/or in other higher education institution)	40	2	__________
2. Research (for every project undertaken other than dissertation)		1	__________
3. Extension (outreach program; for every year of participation in service-oriented project in the community)		1	__________
B. Relevant Academic and Research Background (Relevance of educational background to the position applied for, distinctive academic/technical training undergone that has prepared him/her for the responsibilities of a university/college president)
1. Educational qualification related to the present position (i.e., Post-doctorate, Doctorate degree, others)	60	20	__________
2. Innovations, patented inventions, publications, and other creative work and scholarly outputs during the last 10 years a. For every scholarly/technical article published (refereed and/or non-refereed) b. For every published book c. For every research published in a technical, scientific, professional journals d. For every cost and time saving innovations, patented, and creative work		25	__________
3. Relevant seminars/conventions attended for the last 10 years a. For expert services as presenter, resource person, training and active participation in conference, conventions, seminar-workshops (i.e., International, National, Regional, Local)		10	__________
4. Professional/Government examinations passed		5	__________
TOTAL	100

III. Public Forum 25%

Criteria	Maximum Points	Suggested Points
A. Personal Traits
1. Articulateness	25	______________
2. Poise		______________
3. Cohesiveness		______________
B. Grasp and Ability to Respond to the Situation
1. Analytical Skill	25	______________
2. Comprehensive reading of events/issues		______________
3. Ability to respond to current issues		______________
C. Mission, Vision, and Programs
1. Relevance to global development and national thrust	25	_______________
2. Comprehensiveness		_______________
3. Responsiveness to provincial/regional/national issues		_______________
4. Realism, attainability, practicality		_______________
5. Clarity of presentation		_______________
D. Public Image, Acceptability, and Rapport with Constituents and Personal Credibility
1. General perception of his/her personal integrity	25	_______________
2. Grasp and ability to respond to the situation		_______________
3. Rapport with and acceptability to the community		_______________
4. Public reputation as a professional and administrator		_______________
TOTAL	100

IV. Panel Interview 15%

Criteria	Maximum Points	Suggested Points
A. personal Traits
1. Articulateness	25	________________
2. Poise		________________
3. Cohesiveness		________________
B. Grasp and Ability to Respond to the Situation
1. Analytical Skill	25	________________
2. Comprehensive reading of events/issues		________________
3. Ability to respond to current issues		________________
C. Mission, Vision, and Programs
1. Relevance to global development and national thrust	25	________________
2. Comprehensiveness		________________
3. Responsiveness to provincial/regional/national issues		________________
4. Realism, attainability, practicality		________________
5. Clarity of presentation		________________
D. Public Image, Acceptability, and Rapport with Constituents and Personal Credibility
1. General perception of his/her personal integrity	25	________________
2. Grasp and ability to respond to the situation		________________
3. Rapport with and acceptability to the community		________________
4. Public reputation as a professional and administrator		________________
TOTAL	100

ANNEX D

EVALUATION OF THE PERFORMANCE OF THE SUC PRESIDENT

Name of SUC President: ___________________________________________

Criteria	Actual Points
A. Academic Leadership
1. Curricular development and improvement	________________
2. Research productivity	________________
3. Impact of extension programs	________________
4. Student progress and development	________________
5. Others: __________________________________	________________
B. Institutional Leadership
1. Overall governance and administrative efficiency	________________
2. Faculty and staff development	________________
3. Linkages, partnerships, and networking	________________
4. Physical / infrastructure development	________________
5. Institutional reputation	________________
6. Overall morale	________________
7. Others: _________________________________	________________
C. Leadership in Resource Mobilization
1. Fundraising efforts and funds raised	________________
2. Growth and sources of income	________________
3. Efficiency measures introduced	________________
4. Others: _________________________________	________________
TOTAL	________________

Scale:

4.21 – 5.00 Outstanding
3.41 – 4.20 Very Satisfactory
2.61 – 3.40 Satisfactory
1.81 – 2.60 Fair
1.00 – 1.80 Needs improvement

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[1] Pursuant to Section 16, Article IX of RA No. 11054, the Chairperson of the appropriate committee in the Parliament shall be a member in the boards of State Universities and Colleges in the Bangsamoro Autonomous Region.

[2] As amended by RA No. 10931.

[3] Pursuant to CMO No. 4, s. 2020, Flexible Learning is a pedagogical approach allowing flexibility of time, place, and audience including, but not solely focused on the use of technology. Although it commonly uses the delivery methods of distance education and facilities of education technology, this may vary depending on the levels of technology, availability of devices, internet connectivity, level of digital literacy, and approaches.

[4] Pursuant to CMO No. 9, s. 2020, Smart Campus are spaces where higher education institutions use next-generation digital technologies woven seamlessly within a well-architected infrastructure to develop tools to enhance teaching and learning, research and extension as well as to improve operational efficiency.

[5] Subject to the provisions of RA No. 10931 and RA No. 10687.

[6] Subject to the provisions of RA No. 10931

[7] Pursuant to Section 12 of RA No. 9500, the Chairperson of the Commission on Higher Education shall be the Chairperson of the UP BOR