QuestionsQuestions (Republic Act No. 9724)
RA 10800 converted the Tarlac College of Agriculture (TCA) in Camiling, Tarlac into a state university known as the Tarlac Agricultural University.
To primarily provide advanced education, higher technological and professional instruction/training in specified fields (e.g., agriculture, agribusiness, science and technology, engineering, teacher education, nontraditional courses), and to undertake research, extension services, and production activities supporting development of Tarlac, providing progressive leadership in its specialization.
It provides that the university shall enjoy academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the 1987 Constitution.
It may offer undergraduate and graduate courses in agriculture, agribusiness management, science and technology, agricultural and other branches of engineering, and other courses within its specialization and capabilities. It may operate a reasonably-sized laboratory school under its College of Education.
Section 5 states the university has the general powers of a corporation under Batas Pambansa Blg. 68 (as amended). Administration and corporate powers are vested exclusively in the Board of Regents and the University President.
The Board includes: (1) CHED Chairperson (Chair); (2) University President (Vice Chair); (3) Senate Committee on Education, Arts and Culture Chair; (4) House Committee on Higher and Technical Education Chair; (5) Regional Director of NEDA; (6) Regional Director of DA; (7) President of federation of faculty associations; (8) President of federation of student councils; (9) President of federation of alumni associations; and (10) two (2) prominent private sector citizens.
The Board appoints them from a list of at least five (5) qualified persons in Tarlac recommended by a search committee, in consultation with the CHED Chairperson and other members of the Board, based on standards for the position.
Private sector members serve a term of two (2) years from appointment. The presidents of the federations of faculty, student councils, and alumni serve only for the duration of their respective terms under their constitutions and bylaws.
Examples include: (1) promulgate/implement policies aligned with State policies and CHED thrusts; (2) promulgate non-contrary rules to carry out university purposes; (3) receive and appropriate support sums; (4) fix tuition and other fees (after consultations), with income retained by the university and fiduciary fees disbursed for their specific purpose; (5) appoint academic and administrative officials upon recommendation of the President; (6) set admissions/graduation policies; (7) award honorary degrees and certificates; (8) establish centers and professorial chairs/scholarships; among others.
Fees/charges, including government subsidies and other income, constitute a special trust fund deposited in an authorized government depository bank; interests accrue to the same fund. Income generated from tuition/auxiliary services/land grants is retained by the university for university purposes, and fiduciary fees must be disbursed for the specific purposes collected.
It must convene regularly once every three (3) months, with up to two (2) special meetings in the same period upon three (3) days’ written notice. Quorum is a majority of all members holding office at the time, with the Chairperson or the President present. In the absence of the CHED Chairperson, a duly designated CHED Commissioner represents the Chairperson with full rights. During such meeting, the University President (Vice Chairperson) presides; alternatively, the CHED Chairperson may designate a regular Chairperson (CHED Commissioner) who then presides.
The President is appointed by the Board, full-time service, upon recommendation of a duly constituted search committee, subject to Board-set guidelines/qualifications/standards. The term is four (4) years, eligible for reappointment for another term. The incumbent TCA President becomes the first University President to ensure smooth transition.
The Board designates an Officer-in-Charge pending appointment of a new President, serving only the unexpired portion of the term (e.g., due to death, retirement, resignation, removal for cause, or incapacity).
Within 120 days: (1) submit a five-year development plan with corresponding program budget to CHED for recommendation to DBM; (2) undergo a management audit in cooperation with CHED; and (3) set up organizational, administrative, and academic structure including appointment of key officials.
Effectivity is only upon CHED’s determination and declaration—based on a panel of experts—that the institution has complied with university status requirements under CHED Memorandum Order No. 46, series of 2012 (Outcomes-Based and Typology-Based Quality Assurance). The panel may recommend when there is substantial compliance. Operational requirements include qualified faculty with relevant degrees and research outputs, comprehensive degree programs up to doctoral level, viable research programs, comprehensive learning resources and support structures, active global linkages, and outreach activities addressing social development problems.
All assets, records, personnel, and liabilities/obligations of TCA are transferred to the university, with respect to faculty personnel’s positions, rights, and security of tenure under existing laws; incumbents remain in the same status until otherwise provided by the Board; and an upgrade/increase in human resource component is included. Government parcels of land occupied by the TCA become university property and are titled under the university’s name; if the university ceases/abolished or no longer needs the parcels, they revert to the concerned LGU or to the Republic, as applicable.
Importation of economic, technical and cultural books/publications for eligible purposes certified by CHED is exempt from customs duties. Grants, bequests, endowments, donations and contributions made to the university for actual/direct/exclusive university use are exempt from donor’s tax and deductible from the donor’s gross income, consistent with the NIRC of 1997.