QuestionsQuestions (PRESIDENTIAL DECREE NO. 1437)
PD 1437 defines the composition and powers of governing boards, the appointment and term of the presidents of chartered state universities and colleges, and provides standards for their tenure to achieve more coordinated and effective governance of higher education.
The board is chaired by the Secretary of Education and Culture. Members include: the President of the university/college (Vice Chairman); a representative of NEDA; and two prominent citizens (one representing alumni, the other from prominent citizens in the city/province where the school is located) appointed by the President upon recommendation of the Secretary.
They are appointed by the President of the Philippines upon recommendation of the Secretary of Education and Culture: one represents the alumni of the institution, and the other is chosen from prominent citizens in the city or province where the school is located.
The first group of appointive regents/trustees shall serve for two (2) years and four (4) years, respectively; thereafter, appointees hold office for a term of four (4) years.
The appointee holds office for the unexpired term only.
The Secretary shall authorize a representative (preferably the concerned undersecretary and at least a director) to sit in the meetings, and during such meetings the President of the university/college presides as Vice Chairman of the board.
They exercise policy-making functions in accordance with: (1) general educational policies, plans, and programs from the National Board of Education and the Secretary of Education and Culture; and (2) national and regional development policies from NEDA. The Secretary (as Chairman) ensures adoption and observance of educational policies across all state colleges and universities.
Examples include: (1) enacting rules and regulations for the university/college not contrary to law; (2) receiving and appropriating funds for support; (3) approving curricula and rules of discipline; (4) conferring degrees and authorizing certificate awards for non-degree programs; (5) confirming and removing officials for cause after investigation and hearing; (6) fixing tuition fees and charges as a special trust fund; (7) authorizing construction/repair and purchase of facilities and supplies using authorized appropriations.
They constitute a special trust fund for the exclusive use of the university/college, notwithstanding any contrary provisions of existing laws.
Quorum consists of a majority of all members holding office at the time of the meeting, with the condition that the Secretary of Education and Culture (as Chairman) or the President (if in the Secretary’s absence) is among those present.
All processes against the university/college shall be served on the President of the university/college or his duly authorized representative.
They shall not receive compensation, but are reimbursed for actual and necessary expenses incurred in their attendance at meetings or other authorized official functions.
The head is known as the President of the university/college. He must be qualified and is appointed for a term of six (6) years by the President of the Philippines upon recommendation of the Secretary of Education and Culture, after consulting with the board. The term may be renewed for another term upon the same process of recommendation and consultation.
In case of vacancy by reason of death, absence, or resignation, the Secretary may designate an officer-in-charge pending the appointment of the President.
He is entitled to full retirement benefits if he has served the government for at least twenty (20) years. If he has served less than 20 years, he is entitled to one month pay for every year of service.
It consists of the President (as Chairman), the vice-president, deans, directors, and other officials of equal rank. Its duty is to implement policies on administration, management, and development planning subject to approval by the governing board.
The Academic Council has power to prescribe curricula and rules of discipline subject to approval by the board. It also fixes requirements for admission and graduation and conferring of degrees subject to review by the board, and through the President it has disciplinary power over students within approved limits.
Faculty members are exempt from civil service examination or regulation as a requisite, and no religious test or inquiry into religious opinion/affiliation is allowed for appointment (though no faculty member may teach for or against any particular church or religious sect). No student shall be denied admission due to sex, nationality, religion, or political affiliation.
The Treasurer of the Philippines is the ex-officio treasurer of the university/college, and all accounts and expenses are audited by the Commission on Audit or its duly authorized representative.
On or before the fifteenth day of the second month after the opening of regular classes each year, the governing boards must file a detailed report with the Office of the President of the Philippines through the Secretary of Education and Culture, stating progress, conditions, and needs of the university/college.