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Page 1: Employee Benefits and Cessation of Service
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REPUBLIC ACT NO. 7722AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS THEREFORE

AND FOR OTHER PURPOSES.

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Higher Education Act of 1994Sec. 2. Declaration of Policy

The State shall protect, foster and promote the right of all citizens to affordable quality education at all levels and shall take appropriate steps to ensure that education shall be accessible to all. The State shall likewise ensure and protect academic freedom and shall promote its exercise and observance for the continuing intellectual growth, the advancement of learning and research, the development of responsible and effective leadership, the education of high-level and middle-level professionals and the enrichment of our historical and cultural heritage.

State-supported institutions of higher learning shall gear their programs to national, regional or local development plans. Finally, all institutions of higher learning shall exemplify through their physical and natural surroundings the dignity and beauty of as well as their pride in, the intellectual and scholarly life. 

Sec. 1. Title

RA. 7722

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RA. 7722 Higher Education Act of 1994

Sec. 3.  Creation of the Commission on Higher Education

In pursuance of the abovementioned policies, the Commission on Higher Education is hereby created hereinafter referred to as the Commission

The Commission shall be independent and separate from the Department of Education, Culture and Sports (DECS), and attached to the Office of the President for administrative purposes only. Its coverage shall be both public and private institutions of higher education as well as degree-granting programs in all post-secondary educational institutions, public and private.

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RA. 7722 Higher Education Act of 1994

Sec. 4.  Composition of the Commission

The Commission shall be composed of five (5) full-time members. During the transition period which begins upon approval of this Act, President may appoint the Secretary of Education, Culture and Sports as ex-officio chairman of the Commission for a maximum period of one (1) year. Thereafter, the President shall appoint a Chairman of the Commission and four (4) commissioners, who shall be holders of earned doctorate(s), who have been actively engaged in higher education for at least ten (10) years, and must not have been candidates for elective positions in the elections immediately preceding their appointment. They shall be academicians known for their high degree of professionalism and integrity who have distinguished themselves as authorities in their chosen fields of learning. The members of the Commission shall belong to different academic specializations. 

In no case shall any and all of the Commissioners appoint representatives to act on their behalf

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RA. 7722 Higher Education Act of 1994

Sec. 5.  Term of Office

The President shall appoint the full-time chairman and the commissioners for a term of four (4) years, without prejudice to one reappointment. The terms of the initial appointees shall be on a staggered basis: the full-time chairman shall hold office for a term of four (4) years, the next two (2) commissioners for three (3) years, and the last two (2) commissioners for two (2) years. 

The commissioners shall hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his term, his successors shall be appointed by the President of the Philippines but only for the unexpired portion of the term. 

Sec. 6.  Rank and Emoluments

The chairman and the commissioners shall have the rank of a Department Secretary and Undersecretary, respectively. They shall receive the compensation and other emoluments corresponding to those of a Department Secretary and Undersecretary, respectively, and shall be subject to the same disqualifications. 

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RA. 7722 Higher Education Act of 1994

Sec. 7.  Board of Advisers

There shall be constituted a Board of Advisers which shall meet with the Commission at least once a year to assist it in aligning its policies and plans with the cultural, political and socioeconomic development needs of the nation and with the demands of world-class scholarship. 

The Board of Advisers shall be composed of the following: 

(a) the Secretary of Education, Culture and Sports, as chairman;  (b) the Director-General of the National Economic and Development Authority, as co-chairman; (c) the Secretary of Science and Technology; (d) the Secretary of Trade and Industry; (e) the Secretary of Labor and Employment; (f) the President of the Federation of Accrediting Associations of the Philippines (FAAP); and (g) the President of the Fund for Assistance to Private Education (FAPE). 

Two (2) additional members of the Board of Advisers may be appointed by the President upon recommendation of the Commission. 

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RA. 7722 Higher Education Act of 1994

Sec. 8.  Powers and Functions of the Commission

The Commission shall have the following powers and functions: 

(a) formulate and recommend development plans, policies, priorities, and programs on higher education and research; 

(b) formulate and recommend development plans, policies, priorities and programs on research;

(c) recommend to the executive and legislative branches, priorities and grants on higher education and research; 

(d) set minimum standards for programs and institutions of higher learning recommended by panels of experts in the field and subject to public hearing, and enforce the same;

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RA. 7722 Higher Education Act of 1994

Sec. 8.  Powers and Functions of the Commission

The Commission shall have the following powers and functions: 

(e) monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school closure; 

(f) identify, support and develop potential centers of excellence in program areas needed for the development of world-class scholarship, nation building and national development;

(g) recommend to the Department of Budget and Management the budgets of public institutions of higher learning as well as general guidelines for the use of their income; 

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RA. 7722 Higher Education Act of 1994

Sec. 8.  Powers and Functions of the Commission

The Commission shall have the following powers and functions: 

(h) rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to institutions of higher learning, subject to budgetary limitations and the number of institutions of higher learning in the province or region where creation, conversion or elevation is sought to be made; 

(i) develop criteria for allocating additional resources such as research and program development grants, scholarships, and other similar programs: Provided, That these shall not detract from the fiscal autonomy already enjoyed by colleges and universities; 

(j) direct or redirect purposive research by institutions of higher learning to meet the needs of agro-industrialization and development; 

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RA. 7722 Higher Education Act of 1994

Sec. 8.  Powers and Functions of the Commission

The Commission shall have the following powers and functions: 

(k) devise and implement resource development schemes; 

(l) administer the Higher Education Development Fund, as described in Section 10 hereunder, which will promote the purposes of higher education; 

(m) review the charters of institutions of higher learning and state universities and colleges including the chairmanship and membership of their governing bodies and recommend appropriate measures as basis for necessary action; 

(n) promulgate such rules and regulations and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objectives of this Act; and 

(o) perform such other functions as may be necessary for its effective operations and for the continued enhancement, growth or development of higher education. 

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RA. 7722 Higher Education Act of 1994

Sec. 9.  The Secretariat

The Commission shall organize a secretariat which shall be headed by an executive officer, subject to the national compensation and position classification plan. It shall fix the secretariat's staffing pattern, determine the duties, qualifications, responsibilities and functions, as well as the compensation scheme for the positions to be created upon the recommendation of the executive officer. It shall also prepare and approve its budget. The Commission shall appoint the members of the staff upon the recommendation of the executive officer. 

Sec. 10.  The Higher Education Department Fund

A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher education in the entire country. 

(a) The Government's contribution to the Fund shall be the following: 

(1) the amount of Five hundred million pesos (P500,000,000) as seed capital; 

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RA. 7722 Higher Education Act of 1994

Sec. 10.  The Higher Education Department Fund

A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher education in the entire country. 

(a) The Government's contribution to the Fund shall be the following: 

(1) the amount of Five hundred million pesos (P500,000,000) as seed capital; 

(2) the amount of Fifty million pesos (P50,000,000) for the initial operation of the Commission; 

(3) the equivalent of forty percent (40%) annual share on the total gross collections of the travel tax; 

(4) the equivalent of thirty percent (30%) share of the collections from the Professional Registration Fee; and 

(5) the equivalent of one percent (1%) of the gross sales of the lotto operation of the Philippine Charity Sweepstakes Office (PCSO). 

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RA. 7722 Higher Education Act of 1994

Sec. 10.  The Higher Education Department Fund

A Higher Education Development Fund, hereinafter referred to as the Fund, is hereby established exclusively for the strengthening of higher education in the entire country. 

(b) Starting Fiscal Year 1995 and every year thereafter, government financing institutions identified and requested by the Commission may contribute to the Fund an amount equivalent to not less than three percent (3%) but not more than five percent (5%) of their unimpaired surplus realized during the immediately preceding year.

(c) The Fund shall have a private portion to be raised from donations, gifts, and other conveyances including materials, equipment, properties and services by gratuitous title. 

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RA. 7722 Higher Education Act of 1994

Sec. 11.  Management and Administration of the Higher Education Development Fund

The Fund shall be administered by the Commission. For sound and judicious management of the Fund, the Commission shall appoint a reputable government financial institution as portfolio manager of the Fund, subject to the following conditions. As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use, subject to the following conditions: 

(a) No part of the seed capital of the Fund, including earnings thereof, shall be used to underwrite overhead expenses for administration;(b) Unless otherwise stipulated by the private donor, only earnings of private contributions shall be used for administrative expenses; 

(c) The Commission shall appoint and organize a separate staff, independent administratively and budgetarily separate from the Commission Secretariat; and 

(d) The Fund shall be utilized equitably according to regions and programs. 

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RA. 7722 Higher Education Act of 1994

Sec. 12.  The Technical Panels

The Commission shall reconstitute and/or organize technical panels for different disciplines/program areas. They shall assist the Commission in setting standards and in program and institution monitoring and evaluation. The technical panels shall be composed of senior specialists or academicians to be appointed by the Commission. 

Sec. 13.  Guarantee of Academic FreedomNothing in this Act shall be construed as limiting the academic freedom of universities and colleges. In particular, no abridgment of curricular freedom of the individual educational institutions by the Commission shall be made except for: (a) minimum unit requirements for specific academic programs; (b) general education distribution requirements as may be determined by the Commission; and (c) specific professional subjects as may be stipulated by the various licensing entities. No academic or curricular restriction shall be made upon private educational institutions which are not required for chartered state colleges and universities. 

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RA. 7722 Higher Education Act of 1994

Sec. 14.  Accreditation

The Commission shall provide incentives to institutions of higher learning, public and private, whose programs are accredited or whose needs are for accreditation purposes.

Sec. 15.  Tax ExemptionsAny donation, contribution, bequest, and grant which may be made to the Commission shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor's tax, subject to such conditions as provided under the National Internal Revenue Code, as amended. 

Sec. 16.  AuthorityThe Commission shall exercise such authority as may be deemed necessary within its premises or areas of operation to effectively carry out its powers and functions and to attain its objectives: Provided, That the Commission may seek the assistance of other government agencies for the proper implementation of this Act. 

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RA. 7722 Higher Education Act of 1994

Sec. 17.  AppropriationThe amount of Five hundred million pesos (P500,000,000) is hereby authorized to be appropriated for the seed capital of the Fund. The additional amount of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the Commission.The sum equivalent to the appropriations for the current year for the Bureau of Higher Education and the degree-granting-programs of the Bureau of Technical-Vocational Education, including those for higher and tertiary education and degree granting vocational and technical programs of the Bureau of Technical-Vocational Education in the regional offices, as well as parts of the budgetary items under the DECS budget that are concerned with higher and tertiary education and degree-granting vocational and technical programs such as those for personal services, maintenance and other operating expenses and capital outlay, shall be transferred to the Commission. Thereafter, the funds necessary shall be included in the General Appropriations Act. 

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RA. 7722 Higher Education Act of 1994

Sec. 18.  Transitory ProvisionsSuch personnel, properties, assets and liabilities, functions and responsibilities of the Bureau of Higher Education, including those for higher and tertiary education and degree-granting vocational and technical programs in the regional offices, under the Department of Education, Culture and Sports, and other government entities having functions similar to those of the Commission are hereby transferred to the Commission. 

The Commission shall have the authority to appoint its own personnel. 

All regular or permanent employees transferred to the Commission shall not suffer any loss of seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher Education not otherwise transferred to the Commission shall be reassigned by the DECS in any of its offices and bureaus: Provided, however, That, any employee who cannot be accommodated shall be given all the benefits as may be provided under existing laws, rules and regulations. 

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RA. 7722 Higher Education Act of 1994

Sec. 18.  Transitory ProvisionsJurisdiction over DECS-supervised or chartered state-supported post-secondary degree-granting vocational and technical programs and tertiary institutions shall be transferred to the Commission.

A transitory body is hereby created which shall be composed of the Secretary of Education, Culture and Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture, Chair of the House Committee on Education and Culture, a representative each of the Association of Christian Schools and Colleges (ACSC), the Catholic Educational Association of the Philippines (CEAP), the Philippine Association of Colleges and Universities (PACU), the Philippine Association of Private Schools, Colleges and Universities (PAPSCU), the Philippine Association of State Universities and Colleges (PASUC), and the Philippine Association of Private Technical Institutions (PAPTI). 

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RA. 7722 Higher Education Act of 1994

Sec. 18.  Transitory Provisions

The transitory body shall facilitate the complete and full operation of the Commission which shall not be later than three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules and regulations necessary to effectively implement the smooth and orderly transfer to the Commission. The transition period not exceeding three (3) months shall commence from the approval of this Act. 

Sec. 19.  Repealing ClauseAll laws, presidential decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

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RA. 7722 Higher Education Act of 1994

Sec. 20.  Separability ClauseIf any part or provision of this Act shall be held unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Sec. 21.  Effectivity

This Act shall take effect upon its approval.  

Approved:  May 18, 1994

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RA. 7722 Higher Education Act of 1994

With the passage of R.A. 7722 on May 18, 1994, the Act creating the Commission on Higher Education (CHED), the supervision of higher education, including teacher education was transferred from the Department of Education, Culture and Sports (DECS), to the Commission on Higher Education (CHED).  This caused the gap between the pre-service teacher training (teacher education) and the major employer of the graduates of Teacher Education Institutions (TEIs) which is the Department of Education Culture and Sports (DECS). Whereas, before R.A. 7722, there was direct communication between and among the three DECS bureaus: Higher Education, Secondary Education and Elementary Education such mechanics was not provided for in R.A. 7722.

To bridge the gap, R.A. 7784 was enacted into law on August 4, 1994 which sought “to strengthen teacher education in the Philippines by establishing Centers of Excellence, and creating Teacher Education Council (TEC)  for the purpose, appropriating funds therefore and for other purposes”.

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 Hadja Luningning Misuarez - Umar,  Ed.D. Nona S. Ricafort, Ph.D.

Nenalyn P. Defensor, Ed.D. William C. Medrano, Ph.D.

Chairperson of the Commission on Higher Education

Patricia B. Licuanan, Ph.D. 

Commissioners

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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

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Higher Education Modernization Act of 1997Sec. 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:

Sec. 1. Title

RA. 8292

(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.

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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:

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 3.  The Governing Boards; manner of appointment

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 3.  The Governing Boards; manner of appointment

RA. 8292 Higher Education Modernization Act of 1997

(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.

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Sec. 3.  The Governing Boards; manner of appointment

(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.

RA. 8292 Higher Education Modernization Act of 1997

The prominent citizens shall serve for a term of two (2) years.

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Sec. 3.  The Governing Boards; manner of appointment

RA. 8292 Higher Education Modernization Act of 1997

(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.

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Sec. 3.  The Governing Boards; manner of appointment

RA. 8292 Higher Education Modernization Act of 1997

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.

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

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 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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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.

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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;

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Sec. 4.  Powers and duties of Governing Boards

RA. 8292 Higher Education Modernization Act of 1997

(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.

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Sec. 5.  Promulgation and implementation of policies

RA. 8292 Higher Education Modernization Act of 1997

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.

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Sec. 6.  The Administration

RA. 8292 Higher Education Modernization Act of 1997

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.

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Sec. 7.  The Secretary of the University or College

RA. 8292 Higher Education Modernization Act of 1997

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.

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Sec. 10.  Academic Council

RA. 8292 Higher Education Modernization Act of 1997

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, 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.

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Sec. 12.  Admission

RA. 8292 Higher Education Modernization Act of 1997

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.

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Sec. 15.  Implementation

RA. 8292 Higher Education Modernization Act of 1997

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

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REFERENCES

www.lawphil.net

http://www.glin.gov.action

www.freewebs.com

www.chanrobles.com/ republicactno7722

www.ched.gov.ph

http://chedwww/index,php/eng/The-

Commission

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