Sponsored
by: The
ChanRobles Group
A
collection of Philippine laws, statutes and codesnot
included or cited in themain indicesof
theChan Robles Virtual Law Library This page features the full text of
Republic Act No. 8292Higher Education Modernization Act of
1997
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.
Section
1. Short title. — This Act shall be known as the "Higher
Education
Modernization Act of 1997."
Sec. 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 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. Sec. 3. The Governing Boards; manner of
appointment. —
(a) Composition — The governing body of state
universities and
colleges
is hereby 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 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 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 of student representative elected by the
student
council, the university or college shall schedule one (1) weekly for
the
campaign and election of student representative;
(viii)
President of the alumni association of the institution concerned;
(ix)
Two (2) prominent citizens who have distinguished themselves in their
professions
or fields of specialization chosen from among lists 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
consultation
with the Chairman of the CHED based on the normal standards and
qualifications
for the position; The
faculty and the student council shall be represented 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 president of the
faculty and alumni
associations
and the student regents or trustees shall sit in the board until
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 designed by him, shall represent him in the meeting
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 expense incurred in their attendance of meetings of the
Board
or in connection with their official business authorities by resolution
of the Board.
Sec. 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 Sec.
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 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,
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 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 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 shall accrue therefrom shall 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 reason of 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 universities 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 not with standing; 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 polices 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 non-degree and non-traditional 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 SUC 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 SUCs 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 objectives; 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. Sec. 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 Acts No. 7722.
Sec. 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 former’s 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 his 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 successors shall hold office for the unexpired
term.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 subject
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.
Sec. 11. Academic freedom. — Pursuant to
paragraph 2, Sec. 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.
Sec. 12. Admission. — No student shall be
denied admission to any
university
or college by reasons of sex, nationality, religion, political
affiliation,
or physical disability.
Sec. 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 System. 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.
Sec. 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.
Sec. 15. Implementation. — The Chairman of the
CHED is hereby
directed
to take such steps as are necessary for the immediate implementation of
this Act.
Sec. 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.
Sec. 17. Repealing clause. — All laws,
presidential decrees,
executive
orders, letters of instruction and SUC charters contrary to or
inconsistent
with this Act are hereby repealed or amended accordingly.
Sec. 18. Effectivity clause. — This Act shall
take effect upon its
approval.
Approved:
June 6, 1997
Back
to Top - Back
to Main Index - Back
to Home
Copyright©1998-2006
by
ChanRobles
Publishing Company
All Rights Reserved
Since 19.07.98
|