Composition and Appointment of Governing Boards
- Governing boards named Board of Regents (universities) and Board of Trustees (colleges).
- Composed of CHED Chairman (Chair), university/college President (Vice Chair), Congressional Committee Chairmen on Education and Culture, regional directors of NEDA, DOST, DA, Secretary of Education for Autonomous Regions.
- Specific military representatives for certain institutions.
- Included are presidents of faculty association, student council, alumni association, and two distinguished prominent citizens appointed via a search committee.
- Terms: Faculty, alumni presidents and student regents serve concurrent with office terms; prominent citizens serve two years.
- Meetings: Minimum quarterly; majority quorum requires CHED Chair or designee and university/college President or CHED-designated Chair to preside.
- Members serve without compensation but reimbursement for official expenses allowed.
Powers and Duties of Governing Boards
- Authority includes administrative powers akin to corporate boards under the Corporation Code.
- Enact necessary rules and regulations consistent with law.
- Manage appropriations, trust legacies, donations (tax-exempt, income tax deductible).
- Set tuition and fees after consulting stakeholders; revenues form special trust fund.
- Income from university hospitals dedicated to hospital expenses.
- Authorization of construction, repair, acquisition of assets, exempt from taxes and duties.
- Appointment and removal of officials/employees with due process; salary adjustments within legal frameworks.
- Approval of curricula, policies on admission and graduation, honorary degrees, and certificates.
- Authority to absorb non-chartered tertiary institutions and establish research, extension centers.
- Capability to delegate powers to expedite administration.
- Authorize external management audits and institute reforms.
- Collaborate for institutional restructuring to improve relevance and competitiveness.
- Enter into joint ventures and develop linkages locally and internationally.
- Promote modern knowledge transmission and participative decision-making.
- Enable privatization of certain non-academic services.
- Extend president's term beyond retirement up to age 70 given outstanding performance and unanimous recommendation.
Policy Implementation
- Governing boards shall align policies with State education provisions, Constitution, CHED mandates.
University/College Administration
- Executive authority vested in a full-time president appointed by Board via search committee.
- President serves four years, eligible for one reappointment.
- Assisted by vice president(s) appointed by Board upon president's recommendation.
- Provision for officer-in-charge during vacancy; successor serves unexpired term.
Secretary and Treasurer Roles
- Board appoints secretary to maintain records, communicate meeting notices.
- Treasurer of the Philippines serves as ex officio treasurer.
- Financial accounts audited by Commission on Audit or authorized representative.
Administrative and Academic Councils
- Administrative council headed by president, includes vice presidents, deans, directors; reviews policies for Board.
- Academic council includes president and instructional staff of rank assistant professor or higher; reviews curricula, discipline rules, admission and graduation requirements subject to Board approval.
Academic Freedom
- All higher education institutions enjoy academic freedom and institutional autonomy per Constitutional mandate.
Admission Policies
- Prohibits denial of admission based on sex, nationality, religion, political affiliation, or physical disability.
Charter Exclusions
- University of the Philippines governed by its own charter unaffected except Board chairmanship.
- Mindanao State University exempted except for Board chairmanship and Congressional committee membership.
Annual Reporting
- University/college presidents must file detailed annual reports on institution’s progress, conditions, needs to the President of the Philippines through CHED, and the Legislature.
Implementation, Legal Provisions
- CHED Chairman directed to implement the Act.
- Separability clause maintains remaining parts in force even if any provision is invalid.
- Repeals inconsistent laws, orders, and charters.
- Effectivity upon approval.