QuestionsQuestions (Republic Act No. 9500)
RA 9500 is known as the “University of the Philippines Charter of 2008.” It declares the University of the Philippines (UP) as the national university and commits the State to strengthen UP to ensure citizens’ right to accessible quality education.
UP must lead in academic standards and innovations, serve as a graduate university, conduct research and promote research dissemination and application of knowledge, lead in public service, protect the rights and welfare of its academic and non-academic personnel, provide leadership and democratic values training (including sports and nationalism), and serve as a regional/global university while providing democratic governance.
It includes: (1) Chairperson of CHED (Chair), (2) UP System President (Co-Chair), (3) Senate Committee on Education Chairperson, (4) House Committee on Higher and Technical Education Chairperson, (5) UP Alumni Association President (Alumni Regent), (6) one Faculty Regent, (7) one Student Regent, (8) one Staff Regent, and (9) three other Regents appointed by the President of the Philippines (at least two should be alumni).
Faculty Regent is chosen by teaching personnel under rules of constituent university councils for a two-year term. Student Regent is chosen by students for one year under rules approved via student referendum. Staff Regent represents full-time permanent REPS and administrative personnel for two years under their duly recognized organizations’ rules.
The Board meets regularly; special meetings require written notice at least 10 working days prior with agenda description. Quorum is a majority of all Board members holding office at the time of the meeting. Regents typically cannot act through representatives; Congress ex-officio members may participate and vote through teleconferencing or equivalent verifiable means.
Examples include: defining academic thrusts and policy guidelines; preserving UP’s integrity; approving creation/merger/abolition of academic programs and units; approving graduation and honors; conferring honorary degrees (not for payment/gift/valuable consideration); approving student discipline rules with final Board judgment; electing the UP President; appointing faculty and officials and setting compensation/terms (within law); fixing tuition after consultation; and exercising general corporate powers.
The Board elects the President for a single term of six years through a process of democratic consultation with the university community based on Board standards and guidelines. If a vacancy occurs, the Board elects a President who serves the full term, and it must not exceed 90 days for the search and election process.
The Chancellor manages the constituent university insofar as authorized by the Board and President. The Chancellor is elected by the Board upon nomination of the President of UP, following consultation with constituents and Board standards. If the Chancellor cannot complete the term, the President appoints an acting Chancellor, and the search and election for the next Chancellor must not exceed 60 calendar days from vacancy.
Each constituent university has a University Council, consisting of the Chancellor as Chair and all faculty members with the rank of Assistant Professor and higher as members.
The University Council sets admissions/graduation/honors requirements subject to system-wide minimums; prescribes academic programs subject to Board approval; recommends graduation/honors; exercises disciplinary power over students through Chancellors or committees subject to review by the President of UP according to system-wide rules on student discipline; and undertakes periodic review of academic courses/programs/standards.
UP has the right and responsibility to exercise academic freedom, and it must maintain and enhance high academic standards in instruction, research, and extension, and public service.
UP must take affirmative steps that may include an alternative and equitable admissions process to enhance access of disadvantaged students (e.g., indigenous peoples, poor deserving students, valedictorians/salutatorians of public high schools, and students from depressed areas). No student may be denied admission solely due to age, gender, nationality, religious belief, economic status, ethnicity, physical disability, or political opinion/affiliation. UP recognizes separation of Church and State, guarantees religious freedom, and does not discriminate based on religion.
Faculty and REPS are exempt as such from civil service examinations or regulations as requisites to appointment. Licensing requirements by professional regulatory boards do not affect appointments to faculty positions. No religious test is applied, and religious or political opinions/affiliations cannot be made subject of examination or inquiry.
Sale of existing UP real property is prohibited, except that the Board may alienate real property donated after the Act if donation terms allow it. Leases of more than five years and transactions under Section 22 require: discussion in formal Board meetings at least one month before decision; alignment with a multi-year comprehensive development plan by qualified professionals with consultations and concurrence of third-party experts; competitive and public bidding under RA 9184; in case of two failed biddings, Board may require a fairness opinion report from an independent 5-member body (with justification required if Board differs); prohibition of splitting contracts to circumvent approvals; and higher approval threshold (3/4) of all Board members if amount exceeds P50,000,000.
An independent trust committee (chaired by the UP President and including representatives nominated by BAP, IHAP, TOAP, FINEX) recommends to the Board five universal banks selected prudently to manage corporate/other funds via trust agreements on a non-directed basis, with agreements for not more than two years, and gives direction on investment objectives and permissible investments to preserve value while earning a reasonable return.
Revenues and assets used for education purposes or in support thereof are exempt from taxes and duties. Gifts/donations of real and personal property are exempt from donor’s tax and qualify as allowable deductions equivalent to 150% of value (subject to valuation rules). Importation of specified academic books/supplies/materials certified by the Board (including certain educational computer/software) is exempt from customs duties. The University pays 0% VAT for transactions subject to VAT. Academic awards are exempt from taxes.
UP must submit an annual report to Congress with financial statements, statement of assets and liabilities, projected income from tuition and other revenue, contracts and investments under Section 22(c), and programs of expenditure. UP accounts and disbursements are audited by the Commission on Audit.
If there is doubt in interpreting any provision, the doubt must be resolved in favor of UP’s academic freedom and fiscal autonomy. Additionally, no issuance should diminish powers/benefits given to UP unless subsequent legislation expressly repeals/amends them.