Amended charter: corporate governance
- Section 1 amends Section 3 of Republic Act No. 1434 by vesting the government and administration of the Institute, and the exercise of its corporate powers, exclusively in the Board of Trustees and the President of the Institute insofar as authorized by the Board.
- Section 1 declares that the governing body of the Institute is the Board of Trustees.
- Section 1 establishes the Board composition as: (1) the Secretary of Education as ex-officio chairman, (2) the Chairman of the Committee on Education of the Senate, (3) the Chairman of the Committee on Education of the House of Representatives, (4) the Director of Public Schools, (5) the President of the Institute, (6) the President of the Alumni Association, and (7) a prominent citizen of Samar designated by the President of the Philippines.
- Section 1 provides that when the Secretary of Education is unable to perform the duties as ex-officio chairman due to illness, absence, or other causes, or when there is a vacancy, the Undersecretary of Education shall temporarily perform the functions of ex-officio chairman.
- Section 1 provides that when both the Secretary of Education and the Undersecretary of Education are unable to exercise the Chairman functions, or when these positions are vacant, the Board members shall elect from among themselves a temporary chairman to act as Chairman of the Board of Trustees.
Amended charter: board powers and duties
- Section 2 amends Section 4 of Republic Act No. 1434 by stating that the Board of Trustees has the following powers and duties in addition to its general powers of administration and its exercise of all corporate powers as provided in Section 13 of the Corporation Law, as amended.
- Section 2 retains the structural rule that the Board’s enumerated powers and duties operate together with the corporation-law general corporate powers.
New charter section: treasurer and auditing
- Section 3 inserts Section 10-A into Republic Act No. 1434, providing that the Treasurer of the Philippines is ex-officio Treasurer of the Institute.
- Section 3 provides that all accounts and expenses of the Institute shall be audited by the Auditor General or his duly authorized representatives.
- Section 3 requires that all disbursements shall be made in accordance with rules and regulations prescribed by the Auditor General.
New charter section: lending/transfer and employee detail
- Section 3 inserts Section 10-B into Republic Act No. 1434 and authorizes heads of bureaus or offices of the National Government to loan or transfer, upon request of the President of the Institute, apparatus or supplies needed by the Institute.
- Section 3 authorizes the same national government heads to detail employees for duty in the Institute upon request of the President of the Institute.
- Section 3 limits the authority by requiring that, in the head of bureau or office’s judgment, the services, apparatus, supplies, and employees can be spared without serious detriment to the public service.
- Section 3 provides that detailed employees shall perform duties required by the President of the Institute.
- Section 3 provides that the time employed by detailed employees counts as part of their regular official service.
Related laws and corporate-law reference
- Section 1 links the Institute’s general powers to the general powers set out in Section 13 of the Corporation Law, as amended.
- Section 2 likewise ties the Board’s corporate powers to Section 13 of the Corporation Law, as amended.
Transitory and separability clauses
- Republic Act No. 2069 provides a functional temporary governance mechanism for Board chairmanship through Section 3’s amendment of Section 3 of the Samar Institute of Technology Charter.
- Republic Act No. 2069 contains no separability clause, repealing clause, or sunset clause stated in its operative provisions.