Professionalization of Teaching Law

Mandate, freedom, and autonomy

Section 2 requires the University to primarily provide advance education, higher technological and professional instruction and training in agriculture, agribusiness management, science and technology, engineering, teacher education, nontraditional courses, and other relevant fields of study.
Section 2 requires the University to undertake research, extension services, and production activities in support of the development of the Province of Tarlac and to provide progressive leadership in its areas of specialization.
Section 3 grants the University academic freedom and institutional autonomy under paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

Academic offerings and laboratory school

Section 4 requires the University to offer undergraduate and graduate courses in agriculture, agribusiness management, science and technology, agricultural and other branches of engineering, and other courses within its specialization.
Section 4 limits course offering to what the Board deems necessary and consistent with the University’s capabilities, particularly for the needs of the Province of Tarlac and Region III.
Section 4 authorizes the University to operate a reasonably-sized laboratory school under its College of Education.

Corporate governance and Board composition

Section 5 requires the University to have the general powers of a corporation under Batas Pambansa Blg. 68, as amended (the Corporation Code of the Philippines).
Section 5 vests administration and corporate powers exclusively in the Board of Regents and the President of the University.
Section 6 establishes the Board of Regents as the governing board of the University.
Section 6 fixes Board membership as:
- (a) Chairperson of CHED (Chairperson);
- (b) President of the University (Vice Chairperson);
- (c) Chairperson of the Senate Committee on Education, Arts and Culture (member);
- (d) Chairperson of the House Committee on Higher and Technical Education (member);
- (e) Regional Director of NEDA (member);
- (f) Regional Director of DA (member);
- (g) President of the federation of faculty associations of the University (member);
- (h) President of the federation of student councils of the University (member);
- (i) President of the federation of alumni associations of the University (member);
- (j) Two (2) prominent citizens from the private sector.
Section 6 requires appointment of the two prominent citizens from among at least five (5) qualified persons in the Province of Tarlac, as recommended by the search committee, in consultation with the CHED Chairperson and other Board members, based on standards and qualifications.
Section 6 requires federation presidents to serve only for their term under their constitutions and bylaws, and fixes the two prominent citizens’ term at two (2) years from appointment.

Board powers, fees, audits, and delegations

Section 7 grants the Board, in addition to corporate powers and administration, specific powers and duties.
Section 7(a) requires the Board to promulgate and implement policies aligned with the State policies and constitutional education, agriculture, science and technology policies, and with CHED policies, standards and thrusts under Republic Act No. 7722 (Higher Education Act of 1994).
Section 7(b) authorizes the Board to promulgate rules and regulations not contrary to law to carry out University purposes and functions.
Section 7(c) requires the Board to receive and appropriate all sums for University support in the manner it determines.
Section 7(d) authorizes importation of economic, technical and cultural books and publications.
Section 7(e) authorizes the Board to receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose of them for the University’s benefit, subject to donor limitations, directions and instructions, if any.
Section 7(f) authorizes the Board to fix tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultations with involved sectors.
Section 7(f) requires that tuition fees and other charges, including government subsidies and other University income, constitute a special trust fund deposited in an authorized government depository bank, with interests accruing forming part of the same funds.
Section 7(f) mandates that income generated by the University from tuition fees and other charges and from auxiliary services and land grants shall be retained by the University and disbursed by the Board for instruction, research, extension, or other University programs/projects; fiduciary fees must be disbursed strictly for the purposes collected.
Section 7(f) authorizes the Board, if it cannot pursue an appropriated and allocated project for reasons beyond its control, to authorize use of the funds for any reasonable purpose necessary and urgent to attain University objectives and goals.
Section 7(g) requires adoption and implementation of a socialized scheme of tuition and other school fees for greater access for poor but deserving students.
Section 7(h) authorizes construction or repair of buildings, machinery, equipment and facilities and purchase or acquisition of real property, including necessary supplies, materials and equipment.
Section 7(i) requires the Board to appoint vice presidents, deans, directors, heads of campuses, faculty members, and other officials and employees upon recommendation of the President.
Section 7(j) requires salary fixation and adjustment for faculty, administrative officials and employees subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws, including removal for cause under due process; it also authorizes leaves of absence under Board-promulgated regulations, notwithstanding contrary existing law.
Section 7(k) requires Board approval of curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
Section 7(l) requires the Board to set policies on admission and graduation.
Section 7(m) authorizes the Board to award honorary degrees for outstanding contributions in specified fields and to authorize certificates of completion for nondegree and nontraditional courses.
Section 7(n) authorizes the Board, in coordination with CHED and in consultation with DBM, to establish and absorb non-chartered tertiary institutions within the Province of Tarlac as branches and centers, offering programs or courses to carry out the constitutional mandate of equal access to educational opportunities.
Section 7(o) authorizes establishment of research and extension centers to develop the University.
Section 7(p) authorizes establishment of professorial chairs, fellowships for qualified faculty, and scholarships to deserving students.
Section 7(q) authorizes delegation of powers and duties to the President and other officials to expedite administration.
Section 7(r) authorizes an external management audit financed by CHED, subject to COA rules, and requires institution of reforms (including academic and structural changes) based on audit results and recommendations.
Section 7(s) authorizes collaboration with governing boards of other state universities and colleges within the Province of Tarlac or Region III, under CHED supervision and DBM consultation, to restructure the University for efficiency, relevance, productivity and competitiveness.
Section 7(t) authorizes joint ventures with business and industry for profitable development and management of University economic assets, with proceeds used for University development and strengthening.
Section 7(u) authorizes development of consortia and other economic linkages with LGUs, institutions and agencies (public and private, local and foreign) for University purposes.
Section 7(v) authorizes academic arrangements for institutional capability building with appropriate local and foreign institutions and agencies and appointment of experts/specialists as consultants, part-time or visiting or exchange professors, scholars or researchers.
Section 7(w) requires setting policy guidelines for modern and innovative modes of transmitting knowledge, including information technology, dual training system, open distance learning, and community laboratory to promote greater access to education.
Section 7(x) requires establishing policy guidelines and procedures for participative decision-making and transparency within the University.
Section 7(y) authorizes outsourcing, where most advantageous, management of nonacademic services such as health, food, building or grounds or property maintenance, and similar activities.
Section 7(z) authorizes extending the term of the President whose performance is rated outstanding beyond retirement age but not beyond seventy (70), upon unanimous recommendation of the search committee.

Board meetings and member compensation

Section 8 requires the Board to convene regularly once every three (3) months.
Section 8 authorizes up to two (2) special meetings within the same period upon three (3) days' prior written notice by the Chairperson when necessary.
Section 8 defines quorum as a majority of all members holding office at the time of the meeting, provided the Chairperson or the President is present.
Section 8 provides representation for the CHED Chairperson by a duly designated CHED Commissioner, with rights and responsibilities of a regular member, with the President (as Vice Chairperson) acting as Presiding Officer.
Section 8 authorizes the CHED Chairperson to designate a CHED Commissioner as regular Chairperson, in which case the CHED Commissioner acts as Presiding Officer.
Section 8 allows Senate and House committee chairpersons to designate representatives with the same rights and responsibilities as regular members if they cannot attend.
Section 8 requires that Board members receive no salary, but are entitled to reimbursements for actual and necessary expenses incurred in Board attendance or other authorized official business, subject to existing laws and regulations.

University President and key officers

Section 9 requires the University to be headed by a President who renders full-time service.
Section 9 requires Board appointment of the President, subject to Board guidelines, qualifications and standards, upon recommendation of a duly constituted search committee.
Section 9 fixes the President’s term at four (4) years, eligible for reappointment for another term.
Section 9 provides that, to ensure transition, the incumbent President of the TCA serves as the first President of the University.
Section 9 requires the Board to constitute a Search Committee for the Presidency (SCP) within six (6) months before the expiration of the incumbent President’s term.
Section 9 authorizes the Board to designate an Officer-in-Charge for a President vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity, pending appointment of a new President; the Officer-in-Charge serves only the unexpired portion of the term.
Section 9 states that Presidential powers and duties include those usually pertaining to the Office of President of similar universities and those delegated by the Board.
Section 9 requires the President’s salary to follow the Revised Compensation and Position Classification System as modified by Joint Resolution No. 4 dated June 17, 2009, and other budget and compensation laws, and to be comparable to that of Presidents of similar educational institutions.
Section 9 requires that the President be assisted by:
- Vice President for Academic Affairs,
- Vice President for Finance and Administration, and
- Vice President for Research, Extension and Training,
  all appointed by the Board upon recommendation of the President.

University Secretary, Treasurer, and councils

Section 10 requires the Board to appoint a Secretary who serves for both the Board and the University, keeps Board records and proceedings, and serves each Board member notice of meetings.
Section 11 designates the Treasurer of the Philippines as the ex officio Treasurer of the University.
Section 12 establishes an Administrative Council chaired by the President and composed of vice presidents, deans, directors and other officials of equal rank, tasked to review and recommend to the Board policies for administration, management, and development planning.
Section 13 establishes an Academic Council chaired by the President and composed of all academic staff with rank at least an assistant professor.
Section 13 requires the Academic Council to review and recommend curricular offerings and rules of discipline for Board approval, fix admission requirements and graduation requirements and conferment of degrees subject to Board review and approval through the President, and exercise disciplinary power over students subject to Board approval of policies and discipline regulations.

Faculty rights and student admissions

Section 14 prohibits political belief, gender preference, cultural or community affiliation or ethnic origin, and religious opinion or affiliation from being grounds or subject of inquiry in faculty appointments.
Section 14 requires faculty appointments to be subject to Board-set guidelines, qualifications, and standards.
Section 14 prohibits any faculty member from teaching for or against any particular church or religious sect.
Section 15 requires the University to provide a scholarship program and other affirmative action programs to assist poor but deserving admitted students.
Section 15 prohibits denial of admission due to sex, religion, cultural or community affiliation, or ethnic origin.

Facilities, loaned government equipment, personnel detail

Section 16 authorizes heads of national government bureaus and offices, upon request of the President, to loan or transfer apparatus, equipment or supplies needed by the University and to detail employees when their services can be spared without serious detriment to public service.
Section 16 requires the detailed employees to perform duties required by the President and provides that the time employed counts as part of their regular services.

Transfer of assets, personnel, and land

Section 17 transfers to the University all assets, real and personal, personnel and records of the TCA, together with the TCA liabilities or obligations.
Section 17 requires respect for faculty members’ and personnel’s positions, rights, and security of tenure under existing laws prior to conversion.
Section 17 provides that incumbents remain in the same status until otherwise provided for by the Board.
Section 17 requires an upgrade or increase in the University’s human resource component.
Section 17 declares government parcels of land occupied by the TCA to be property of the University and requires titling under the University’s name.
Section 17 requires reversion of those parcels to the concerned LGU or to the Republic of the Philippines if the University ceases to exist or is abolished or if the land is no longer needed by the University.

Tax exemptions for books and donations

Section 18 exempts from customs duties the importation of economic, technical and cultural books and publications imported for economic, technical, vocational, scientific philosophical, historical or cultural purposes made by the University, upon CHED certification, under the Tariff and Customs Code of the Philippines, as amended.
Section 18 exempts grants, bequests, endowments, donations and contributions made to the University for actual, direct and exclusive University use from the donor’s tax and allows them as deductions from the donor’s gross income for computing taxable income under the National Internal Revenue Code of 1997, as amended.

Appropriations and continued operation

Section 19 charges necessary funds to carry out the Act against the current year appropriations of the TCA, except sums needed for the continued operation of the existing high school.
Section 19 requires that thereafter, sums needed for continued operation and maintenance of the University be included in the annual General Appropriations Act.

Development plan, management audit, structure timeline

Section 20 requires completion within one hundred twenty (120) days after approval of the Act of three actions:
- (a) Submit a five (5)-year development plan including its corresponding program budget to CHED for recommendation to DBM;
- (b) Undergo a management audit in cooperation with CHED; and
- (c) Set up organizational, administrative and academic structure, including appointment of key officials.

Annual reporting requirement

Section 21 requires the Board to file with the Office of the President of the Philippines and both Houses of Congress, through the Chairperson of CHED, a detailed report on progress, conditions and needs of the University.
The filing deadline is on or before the fifteenth (15th) day of the second (2nd) month after the opening of the regular classes each year.

Governing charter and CHED compliance

Section 22 provides that Republic Act No. 8292 (Higher Education Modernization Act of 1997) is an integral part of the Act and serves as part of the University’s Governing Charter.
Section 23 makes the conversion effective only upon CHED determination and declaration, based on a CHED panel of experts, that the institution has complied with requirements for university status based on CHED Memorandum Order No. 46, series of 2012 on Outcomes-Based and Typology-Based Quality Assurance.
Section 23 allows the panel to issue its recommendation when the institution has substantially complied with the requirements for university status.
Section 23 requires compliance with CHED operational university requirements, including:
- (a) Faculty with relevant degrees in their specialization areas and participation in research and development evidenced by refereed publications and other scholarly outputs;
- (b) A comprehensive range of degree programs from basic post-secondary to doctoral programs;
- (c) Viable research programs producing new knowledge evidenced by refereed publications, citations, inventions and patents among others;
- (d) Comprehensive learning resources and support structures (libraries, practicum laboratories, relevant educational resources, and linkages) to allow students to explore knowledge across disciplines and professions;
- (e) Active and ongoing linkage and affiliation with other research institutions worldwide to ensure research at current global standards;
- (f) Outreach activities enabling students, faculty and research staff to apply new knowledge to address specific broadly defined social development problems.
Section 23 requires retention of the institution’s status prior to the Act’s effectivity unless it complies with the requirements within a period not later than January 01, 2020.

Parity clause and implementing rules

Section 24 provides that all powers, functions and privileges, responsibilities and limitations granted to or imposed upon state universities and their officials under existing laws are deemed granted to or imposed upon the University and its officials whenever appropriate.
Section 25 requires that, within sixty (60) days from the effectivity of the Act, the Board, in consultation with CHED, formulate rules and regulations to implement the Act fully.

Separability, repeals, and effectivity

Section 26 provides that if any part or provision of the Act is declared invalid or unconstitutional, the remaining provisions remain in full force and effect.
Section 27 repeals or modifies laws, presidential decrees, executive orders, rules and regulations that are contrary to or inconsistent with the Act.
Section 28 provides that the Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.