Republic
of the Philippines
Congress of the Philippines
Metro Manila
REPUBLIC
ACT No. 8292
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 CHARTERED STATE UNIVERSITIES
AND COLLEGES, AND FOR OTHER PURPOSES
Be it enacted by the
Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title.
This Act shall be known as the Higher Education Modernization Act of 1997.
SECTION 2. Declaration
of Policy. It is the declared policy of the State
to establish, maintain, and support a complete, adequate and integrated system
of education relevant to the needs of the people and society. Towards this end,
the composition of the governing boards of chartered state universities and
colleges is hereby modified in order to: (a) achieve a more coordinated and
integrated system of higher education; (b) render them more effective in the
formulation and implementation of policies on higher education; (c) provide for
more relevant direction in their governance; and (d) ensure the enjoyment of
academic freedom as guaranteed by the Constitution.
SECTION 3. The
Governing Boards; Manner of Appointment.
(a) Composition. The governing body of
state universities and colleges is hereby vested in the Board of Regents for
universities and in the Board of Trustees for colleges which shall be composed
of the following:
i.
Chairman of the
Commission on Higher Education (CHED), Chairman;
ii.
President of the
university or college, Vice Chairman;
iii.
Chairmen of the
Congressional Committees on Education and Culture;
iv.
Regional
Director of the National Economic and Development Authority (NEDA) where the
main campus of the university or college is located;
v.
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 the Secretary of
Education for an Autonomous Region. In lieu of such representation, the
commanding generals of the Philippine Air Force and the Philippine Navy shall
sit as members of the Board of the Philippine State College of Aeronautics and
the Philippine Merchant Marine Academy, respectively;
vi.
President of the
faculty association;
vii.
President of the
supreme student council or the student representative elected by the student
council: Provided, That in the absence of a
student council president or student representative elected by the student
council, the university or college shall schedule one (1) week for the campaign
and election of a student representative;
viii.
President of the
alumni association of the institution concerned; and
ix.
Two (2) prominent
citizens 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 President in consultation with the Chairman
of the CHED based on the normal standards and qualifications for the position.
The
faculty and student council shall be represented by the president of their
respective federations in multi-campus universities and colleges.
The
private sector representatives shall be appointed by the Board of Regents/Trustees
upon recommendation of a duly constituted search committee.
(b) Term of Office. The presidents
of the faculty and alumni association and the student regents or trustees shall
sit in the Board until the expiration of their term of office in such
capacities.
The
prominent citizens shall serve for a term of two (2) years.
(c) Meetings; Quorum. The Board of
Regents/Trustees shall regularly convene at least once every quarter. The
Chairman of the Board of Regents/Trustees may call a special meeting whenever
necessary: Provided, That members are notified
in writing at least three (3) days prior to said meeting.
A
majority of all members holding office shall constitute a quorum for board
meetings: Provided, That the Chairman of the CHED who is the chairman of
the Board or the president of the university or college is among those present
in the meeting. In the absence of the Chairman of the CHED, a commissioner of
the CHED, duly designated by him, shall represent him in the meeting with all
the rights and responsibilities of a regular member: Provided, however,
That in the said meeting, the president of the university or college as
vice-chairman shall be the presiding officer: Provided, further, That
this proviso notwithstanding, the Chairman of the CHED is hereby authorized to
designate a CHED Commissioner the regular Chair to the Board of a particular
university or college, in which case said CHED Commissioner shall act as the
presiding officer.
The
members shall serve without compensation, but they shall be reimbursed for
necessary expenses incurred in their attendance of meetings of the Board or in
connection with their official business authorized by resolution of the Board.
SECTION 4. Powers
and Duties of Governing Boards. 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 of a corporation under Section 36 of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the
Philippines:
(a)
to 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)
to receive and
appropriate all sums as may be provided, for the support of the university or
college in the manner it may determine, in its discretion, to carry out the
purposes and functions of the university or college;
(c)
to receive in
trust legacies, gifts, and donations of real and personal properties of all
kinds, to administer and dispose the same when necessary for the benefit of the
university or college, subject to 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 this Act shall likewise
be extended to non-stock, nonprofit 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;
(d)
to fix the tuition
fees and other necessary school charges, such as but not limited to
matriculation fees, graduation fees and laboratory fees, as their respective
boards 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 interests that shall accrue therefrom shall
form part of the same fund for the use of the university or college: Provided,
That income derived from university hospitals
shall be exclusively earmarked for the operating expenses of the hospitals.
Any provision of
existing laws, rules and regulations to the contrary notwithstanding, 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 the
Board of Regents/Trustees 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, the Board of Regents/Trustees 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)
to adopt and
implement a socialized scheme of tuition and school fees for greater access to
poor but deserving students;
(f)
to 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 the Board of
Regents/Trustees shall be exempt from all taxes and duties;
(g)
to appoint, upon
the recommendation of the president of the university or college, vice
presidents, deans, directors, heads of departments, faculty members and other officials
and employees;
(h)
to 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 deem proper, to grant them, at
its discretion, leaves of absence under such regulations as it may promulgate,
any provisions of existing law to the contrary notwithstanding, and to remove
them for cause in accordance with the requirements of due process of law;
(i)
to approve the
curricula, institutional programs and rules of discipline drawn by the
administrative and academic councils as herein provided;
(j)
to set policies
on admission and graduation of students;
(k)
to award
honorary degrees upon persons in recognition of outstanding contribution in the
field 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 nondegree
and nontraditional courses;
(l)
to absorb
non-chartered tertiary institutions within their respective provinces in
coordination with the CHED and in consultation with the Department of Budget
and Management, and to offer therein needed programs or courses, to promote and
carry out equal access to educational opportunities mandated by the
Constitution;
(m)
to establish
research and extension centers of the State universities and colleges where
such will promote the development of the latter;
(n)
to establish
chairs in the university or college and to provide fellowships for qualified
faculty members and scholarships to deserving students;
(o)
to delegate any
of its powers and duties provided for hereinabove to the president and/or other
officials of the university or college as it may deem appropriate so as to
expedite the administration of the affairs of the university or college;
(p)
to authorize an
external management audit of the institution, to be financed by the CHED and to
institute reforms, including academic and structural changes, on the basis of
the audit results and recommendations;
(q)
to collaborate
with other governing boards of State universities and colleges within the
province or the region, under the supervision of the CHED and in consultation
with the Department of Budget and Management, the restructuring of said colleges
and universities to become more efficient, relevant, productive, and
competitive;
(r)
to enter into
joint ventures with business and industry for the profitable development and
management of the economic assets of the college or institution, the proceeds from
which to be used for the development and strengthening of the college or university;
(s)
to 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 institution;
(t)
to develop
academic arrangements for institution capability building with appropriate
institutions and agencies, public or private, local or foreign, and to appoint
experts/specialists as consultants, or visiting or exchange professors,
scholars, researchers, as the case may be;
(u)
to set up the
adoption of modern and innovative modes of transmitting knowledge such as the
use of information technology, the dual system, open learning, community
laboratory, etc., for the promotion of greater access to higher education;
(v)
to establish
policy guidelines and procedures for participative decision-making and
transparency within the institution;
(w)
to privatize,
where most advantageous to the institution, management and non-academic
services such as health, food, building or grounds or property maintenance and
similar such other activities; and
(x)
to extend the
term of the president of the college or university beyond the age of retirement
but not later than the age of seventy (70), whose performance has been
unanimously rated as outstanding and upon unanimous recommendation by the
search committee for the president of the institution concerned.
SECTION 5. Promulgation
and Implementation of Policies. The governing boards shall
promulgate and implement policies in accordance with the declared State
policies on education and other pertinent provisions of the Philippine
Constitution on education, science and technology, arts, culture and sports, as
well as the policies, standards and thrusts of the CHED under Republic Act No.
7722.
SECTION 6. The
Administration. The administration of the university
or college shall be vested in the president of the university or college who
shall render full-time service. He shall be appointed by the Board of
Regents/Trustees, upon the recommendation of a duly constituted search
committee. He shall have a term of four (4) years and shall be eligible for reappointment
for another term: Provided, That this provision
shall not adversely affect the terms of the incumbents.
The president shall be
assisted by a vice president for academic affairs who shall be appointed by the
Board upon the formers recommendation without prejudice to the appointment of
more than one vice president when so warranted.
In case of vacancy by
reason of death, resignation, removal for cause or incapacity of the president
to perform the functions of the office, the Board shall have the authority to
designate an officer-in-charge pending the appointment of a new president.
In case of vacancy in
the office of the president as mentioned in the immediately preceding
paragraph, his successor shall hold office for the unexpired term.
SECTION 7. The
Secretary of the University or College. The Board
shall appoint a secretary who shall serve as such for both the Board and the
university or college and shall keep all records and proceedings of the Board.
He shall communicate to each member of the Board notice of meetings.
SECTION 8. The
Treasurer of the Philippines. The Treasurer of the
Philippines shall be the ex officio treasurer of the university or
college. All accounts and expenses of the university or college shall be
audited by the Commission on Audit or its duly authorized representative.
SECTION 9. Administrative
Council. There shall be an administrative
council consisting of the president of the university or college as chairman,
the vice president(s), deans, directors and other officials of equal rank as
members, and whose duty is to review and recommend to the Board of
Regents/Trustees policies governing the administration, management and
development planning of the university or college for appropriate action.
SECTION 10. Academic
Council. There shall be an academic council
with the president of the university or college as chairman and all members of
the instructional staff with the rank of not lower than assistant professor as
members.
The academic council
shall have the power to review and recommend the curricular offerings and rules
of discipline of the university or college for appropriate action of the Board
of Regents/Trustees. It shall fix the requirements for the admission of
students as well as for graduation and the conferment of degrees subject to
review and/or approval by the Board of Regents/Trustees through the president
of the university or college.
SECTION 11. Academic
Freedom. Pursuant to paragraph 2, Section 5 of
Article XIV of the Constitution of the Republic of the Philippines, all
institutions of higher learning, public or private, shall enjoy academic
freedom and institutional autonomy.
SECTION 12. Admission.
No student shall be denied admission to any university or college by reasons of
sex, nationality, religion, political affiliation, or physical disability.
SECTION 13. Exclusion
Clause. Except for the chairmanship of the
Board, the provisions of this Act shall not affect the charter of the
University of the Philippines. Likewise, this Act shall not affect the charter
of the Mindanao State University (MSU) except for the provision of this Act on
chairmanship of the Board, and the membership of the Chairmen of the
Congressional Committees on Education and Culture.
SECTION 14. Filing
of Report. On or before the fifteenth (15th)
day of the second month after the opening of regular classes each year, the
president of the university or college shall file with the Office of the
President of the Philippines through the Chairman of the CHED, and with the
Senate and House of Representatives a detailed report on the progress,
conditions and needs of the university or college.
SECTION 15. Implementation.
The Chairman of the CHED is hereby directed to take such steps as are necessary
for the immediate implementation of this Act.
SECTION 16. Separability
Clause. If, for any reason, any part or
provision of this Act is declared invalid or unconstitutional, the remaining
parts or provisions not affected thereby shall remain in full force and effect.
SECTION 17. Repealing
Clause. All laws, presidential decrees,
executive orders, letters of instructions and state universities and colleges
charters contrary to or inconsistent with this Act are hereby repealed or
amended accordingly.
SECTION 18. Effectivity
Clause. This Act shall take effect upon its
approval.
Approved: June 6,
1997