QuestionsQuestions (Republic Act No. 8292)
RA 8292 is titled the “Higher Education Modernization Act of 1997.” It declares policies to achieve a more coordinated and integrated system of higher education; make governing boards more effective in formulating and implementing higher education policies; provide more relevant governance direction; and ensure enjoyment of academic freedom guaranteed by the Constitution.
For state universities, governance is vested in the Board of Regents; for state colleges, governance is vested in the Board of Trustees.
Key members include: (1) Chairman of CHED; (2) President of the university/college (Vice Chairman); (3) Chairmen of the Congressional Committees on Education and Culture; (4) Regional Director of NEDA in the area of the main campus; (5) Regional Director of DOST for science/tech colleges, DA for agricultural colleges, or Secretary of Education for an Autonomous Region (with special exceptions for particular academies involving PAF/PNA commanding generals); (6) President of the faculty association; (7) President of the supreme student council or elected student representative (with a provision for scheduling elections if absent); (8) President of the alumni association; and (9) two prominent citizens chosen from a vetted list via a search committee, as recommended by the President in consultation with the CHED Chairman.
If absent, the university or college must schedule one (1) week for the campaign and election of a student representative.
They are chosen from among at least five (5) qualified persons in the city or province where the school is located, recommended by a search committee constituted by the President in consultation with the CHED Chairman and based on normal standards and qualifications for the position.
Presidents of faculty and alumni associations and student regents/trustees sit until the expiration of their term in their capacities. Prominent citizens serve for a term of two (2) years.
The Board shall convene at least once every quarter. The Chairman may call special meetings whenever necessary, but members must be notified in writing at least three (3) days prior to the meeting.
A majority of all members holding office constitutes quorum, with the additional requirement that the Chairman of CHED (or the CHED representative in his absence) or the CHED Chairman must be among those present. In the absence of the CHED Chairman, a duly designated CHED Commissioner represents him with all rights and responsibilities of a regular member.
If the CHED Chairman is absent, a CHED Commissioner designated by the CHED Chairman represents him as regular member. In the meeting, the president of the university/college as Vice Chairman shall be the presiding officer—unless the CHED Chairman designates that Commissioner as the regular chair for that particular university/college.
Board members serve without compensation, but they may be reimbursed for necessary expenses incurred in attending meetings or in connection with their official business, authorized by resolution of the Board.
Governing boards may fix tuition fees and other necessary school charges after due consultations. Such fees and charges (including government subsidies and other income generated) constitute special trust funds deposited in an authorized government depository bank; interests earned form part of the same fund. Income from university hospitals must be exclusively earmarked for operating expenses of the hospitals.
Yes. Any income generated from tuition fees and other charges, as well as auxiliary services and land grants, shall be retained by the university/college and may be disbursed by the Board for instruction, research, extension, or other programs/projects. Fiduciary fees must be disbursed for the specific purposes for which they are collected.
The Board of Regents/Trustees may authorize use of the funds for any reasonable purpose necessary and urgent for attainment of the objectives and goals of the university/college.
The president is full-time, appointed by the Board upon recommendation of a duly constituted search committee, with a term of four (4) years and eligible for reappointment for another term. This provision does not adversely affect the terms of incumbents.
The president’s term may be extended beyond the age of retirement but not later than age seventy (70), if performance has been unanimously rated as outstanding and there is unanimous recommendation by the search committee for the president of the institution.
RA 8292 provides that, pursuant to Article XIV, Section 5(2) of the Constitution, all institutions of higher learning (public or private) enjoy academic freedom and institutional autonomy.
Yes. No student shall be denied admission to any university or college due to sex, nationality, religion, political affiliation, or physical disability.
Except for the chairmanship of the Board, RA 8292 does not affect the charter of the University of the Philippines System. It likewise does not affect MSU except for the chairmanship of the Board and the membership of the Chairmen of the Congressional Committees on Education and Culture.