Title
Extends Adiong Memorial State College President's Term
Law
Republic Act No. 11940
Decision Date
Jun 15, 2023
Republic Act No. 11940 extends the term of the President of Adiong Memorial State College from three years to four years, allowing for reappointment, and provides guidelines for its implementation.

Governing amendment to the President’s term

  • Section 1 amends Section 9 of Republic Act No. 7935, as amended by Republic Act No. 8651, by revising the presidential term and appointment mechanics.
  • The State College’s President must render full-time service (Section 1).
  • The President is appointed by the Board, subject to the Board’s guidelines, qualifications, and standards (Section 1).
  • The appointment is made upon recommendation of the duly constituted search committee (Section 1).
  • The President’s term is four (4) years (Section 1).
  • The President is eligible for reappointment for another term (Section 1).
  • Section 1 expressly reflects the amended phrase and structure within the quoted statutory provision it amends, including the term length and eligibility for reappointment.

Search committee and Board appointment framework

  • The President’s selection process requires a duly constituted search committee to recommend the candidate to the Board (Section 1).
  • The Board’s appointment authority operates subject to its guidelines, qualifications, and standards (Section 1).
  • The President’s employment status is full-time and directed by the statute governing the State College presidency (Section 1).
  • The term structure is standardized at four (4) years with eligibility for reappointment for another term (Section 1).

Commission on Higher Education role and guidelines

  • The Governing Board must formulate implementation guidelines in consultation with the Commission on Higher Education (Section 2).
  • The Governing Board must formulate the guidelines to fully implement the Act within ninety (90) days from effectivity (Section 2).
  • The consultation requirement with the Commission on Higher Education applies specifically to guideline formulation for implementation (Section 2).

Integration with higher education modernization law

  • Republic Act No. 8292, known as the “Higher Education Modernization Act of 1997,” forms part of Republic Act No. 11940 (Section 3).
  • The integration operates as a legislative incorporation by reference for purposes of the Act’s framework (Section 3).

Implementing timelines and publication rule

  • The Act’s operative effectivity is governed by the publication rule of fifteen (15) days after publication in the Official Gazette or a newspaper of general circulation (Section 4).
  • The ninety (90) day implementation period for the Governing Board’s guidelines runs from effectivity (Section 2).

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