IRR of RA No. 11695 Strengthening TSU

Legal bases and governing framework

Section 22 of Republic Act No. 11695 requires the TSU Governing Board, in consultation with CHED, to formulate rules and regulations to fully implement the Act.
Republic Act No. 7722 provides the framework for governance of higher education institutions and degree-granting programs through CHED supervision and regulation.
Republic Act No. 8292 governs the uniform composition and powers of governing boards of chartered state universities and colleges and recognizes the governing board’s authority to promulgate implementing rules.
CHED Memorandum Order (CMO) No. 7, s. 2022 is recognized in the IRR as the “2022 Revised Implementing Rules and Regulations (IRR) of RA 8292” amending earlier CHED issuances on RA 8292’s IRR.
The IRR states that Republic Act No. 8292 and its IRR form an integral part of the governing charter framework for the University (Rule VI, Section 1).

Policy goals and rules of interpretation

TSU must implement its IRR provisions to achieve its vision, mission, objectives, goals, mandates, intents and purposes.
TSU must dedicate itself to quality higher education and global competitiveness.
TSU must maintain academic freedom and institutional autonomy in accordance with existing laws, rules, regulations, and established jurisprudence.
When doubts arise in interpreting and implementing the IRR, such doubts are to be liberally construed in favor of the University, subject to existing laws, rules, regulations.
When doubts arise regarding student welfare and faculty and non-teaching personnel welfare, such doubts are to be construed in favor of students, faculty members and non-teaching personnel, subject to existing laws, rules, regulations.

Definitions and key institutional terms

The “Act” refers to Republic Act No. 11695.
“Auxiliary Services” refers to SUC services other than academic (e.g., hospital, cafeteria, janitorial, printing press) that support curricular offerings.
“Chairperson of the Board” refers to the CHED Chairperson or CHED Commissioner duly designated as Regular Chair and Presiding Officer of the Governing Board.
“Co-Chair” refers to the TSU President duly designated as Regular Vice-Chair and presiding officer in the absence of the Chair.
“Commission on Higher Education” refers to CHED as the government agency with reasonable supervision and regulation over all higher education institutions.
“Distance Education” is educational delivery where teacher and learner are physically separated and instruction is delivered through communication technologies using specially designed materials and methods, supported by organizational and administrative arrangements.
“Dual Training System” refers to a teaching-learning approach utilizing both in-classroom and outside-classroom experiences, usually through industry immersion.
“Governing Board (GB)” refers to the highest policy-making body of SUCs; for TSU it is the Board of Regents (BOR).
“University” refers to Tarlac State University.

Coverage and campus organization

The IRR applies to and covers all campuses of the University.
The IRR includes all other campuses and research and extension centers that may be established.
The University’s campuses include a Main Campus where university-wide administration operates and where the President holds office permanently.
The University’s extension campuses are identified as: TSU-Villa Lucinda Campus (Brgy. Binaunganan), TSU-San Isidro (Brgy. San Isidro, Tarlac City), Capas Extension Campus (Capas, Tarlac), Tarlac Concepcion Paz, Tarlac, and other campuses the University may establish within the same province or region as the main campus.
Extension campuses are established with no or limited administrative and support personnel.
The University may establish other campuses such as satellite, virtual or external campuses as decided and approved by the Governing Board.

TSU mandate, curriculum offerings, and governance

TSU primarily provides advance instruction and professional training in literature, philosophy, science and technology, arts, and other relevant fields.
TSU also undertakes research, extension, and production services and provides progressive leadership in its areas of specialization.
TSU offers undergraduate, graduate, and post-graduate courses within its competency and specialization, including fields in science and technology, medicine and allied medical profession, law, business, arts and humanities, education, sports and human kinetics, public administration, public works, human services, social work, and other relevant fields.
TSU’s course offerings must respond to the human resource development needs of the Province of Tarlac and Region III.
The existing reasonably-sized Laboratory School for early childhood, primary, junior and senior high school, and special education must continue to operate under the supervision of the College of Education.
The TSU Governing Board is the Board of Regents chaired by the CHED Chairperson (or CHED Commissioner designated as Regular Chair) and co-chaired by the TSU President.
The Governing Board consists of the following members: (a) Chairperson of the Committee on Higher, Technical and Vocational Education, Senate of the Philippines; (b) Chairperson of the Committee on Higher and Technical Education of the House of Representatives; (c) NEDA Regional Director Regional Office III; (d) DOST Regional Director Regional Office III; (e) President of Federation of Faculty Associations of TSU; (f) President of Federation of Student Councils of TSU; (g) President of Alumni Associations of TSU; (h) Representative of non-teaching personnel association; and (i) two (2) prominent citizens from the private sector.
The Governing Board appoints the two (2) private sector prominent citizens from among at least five (5) persons recommended by a search committee constituted by the TSU President in consultation with the Chair and other Board members; appointees serve a term of two (2) years from date of appointment.

Governing board meetings, quorum, voting, and compensation

The Governing Board convenes once every quarter as a regular meeting.
The Chairperson of the GB may call special meetings upon three (3) days prior written notice whenever necessary within the year.
A special meeting for urgent action may be called upon motion of the majority of the GB members including the President, with the Chairperson given at least three (3) days prior notice and where the Chairperson has signified unavailability.
Quorum consists of the majority of all its members holding office at the time of the meeting, provided the Chairperson of the GB or the President is present.
If quorum is not constituted, the meeting is terminated and scheduled on a later date.
The CHED Chairperson presides in all regular and special meetings; the CHED Chairperson may designate a CHED Commissioner as Regular Chair and Presiding Officer.
In the absence of the CHED Chairperson or designated regular CHED Commissioner, the CHED Chairperson may designate another CHED Commissioner as representative with all rights and responsibilities of a regular member; during such meeting, the TSU President presides as CO-chairperson.
If the CHED Chairperson is absent, a duly designated CHED Commissioner representative has all rights and responsibilities of a regular member; Senate and House committee chairs may designate written representatives with same rights and responsibilities if they cannot attend.
Governing Board members receive no salary but are entitled to reimbursement for actual and necessary expenses incurred for meeting attendance or authorized official business.
Honorarium may be granted to the Chairperson, Vice-Chairperson and Members of the GB for attendance at meetings, following DBM guidelines and accounting/auditing rules; resource persons and duly constituted committee members are likewise entitled to reasonable honorarium subject to DBM guidelines and relevant issuances.
The University President or any GB member may request approval through referendum of urgent resolutions needing immediate action before the next en banc regular or special meeting.
Referendum resolutions must be signed by an affirmative majority of the GB and signed by the University President before routing to the Chairperson; they take the same legal effect as resolutions approved by the majority of GB members holding office at the time of referendum.

Administration structure and officers

TSU has general corporate powers under Republic Act No. 11232 (Revised Corporation Code of the Philippines).
Corporate powers and the administration of TSU are vested exclusively in the Governing Board.
The University President is the Head of the University and manages and supervises day-to-day operations, including delegated policies, guidelines and programs, and achievement of academic targets anchored on TSU’s vision, mission, goals, and objectives.

University president appointment, term, and qualifications

The University is headed by a President who serves full-time and is appointed by the Governing Board subject to Board-set guidelines, qualifications, and standards upon recommendation of a duly constituted Search Committee.
The Board selects and appoints the President by majority vote of the members present in a meeting called for the purpose.
Appointment papers of the President must be signed by the CHED Chairperson or CHED Commissioner designated as Regular Chair of the GB.
The President’s term is four (4) years, with the beginning and end clearly specified in the Board appointment, and the President is eligible for reappointment for another term.
Applicants must meet minimum qualifications:
- Age: not less than thirty-five (35) years old and not more than the mandatory age or retirement.
- Citizenship: Filipino citizen.
- Education: holder of an earned doctorate degree from a reputable higher education institution.
- Experience: proven track record as SUC/LUC administrator (e.g., president, vice president, dean, campus administrator, director) or high level management executive/administrator for at least five (5) years; nomenclature may be clarified by the GB as long as it is high level.
- Integrity/Disqualifications: must not have been convicted for a crime involving moral turpitude, or an offense punishable by imprisonment exceeding six (6) years, suspended administratively for twelve (12) months, and/or dismissed from service.
For SUC Presidents undergoing evaluation for a second term, the President must not have been convicted of any administrative offense or crime.
An applicant who fails to meet any minimum qualification and cannot submit pertinent supporting documentary evidence is disqualified from the search process.
Incumbent Presidents of other SUCs whose term is set to expire within six months from the Search Process may apply for the vacant TSU presidency.
Interested applicants must submit one (1) set of original and six (6) certified true copies to the SCP Secretariat:
- Formal application letter addressed to the Chairperson of CHED.
- Detailed Curriculum Vitae signed under oath.
- Six (6) Certified True Copy documents supporting CV data.
- Proposed Vision, Mission and Development Goals for TSU.
- Certificates/Clearances from specified government agencies, obtained not more than one (1) month from filing, showing no pending administrative and/or criminal case, covering: Sandiganbayan, Civil Service Commission (CSC), National Bureau of Investigation, Municipal/Regional Trial Court, Ombudsman (for government employees), the applicant’s current Institution/Company, NSO-authenticated Birth Certificate, Medical Certificate of Physical Fitness from a CHED-recognized accredited health institution (not the same as current employment institution), Neuro-psychiatric examination results from a CHED-recognized accredited health institution (not the same as current employment institution), and duly accomplished CSC Form 212 made under oath.
The SCP Secretariat checks document completeness and makes an initial report to the SCP; if documents are lacking, the SCP refers immediately to the GB whether applicants will be advised to complete documents and continue.
Evaluation of applicants is based on four (4) major areas: Professional Competence (35%), Academic Background (25%), Public Forum/Presentation (25%), and Panel Interview (15%).
The GB must constitute the Search Committee for Presidency (SCP) within six (6) months before the expiration of the incumbent President’s term.
If the presidency becomes vacant due to death, resignation, removal for cause, or incapacity, the GB must designate an Officer-in-Charge with the same qualifications within five (5) calendar days from the vacancy.
If the majority of GB members are unavailable to hold a Special Meeting, the Board Chairperson may designate an OIC President subject to GB confirmation in a meeting set for that purpose.
If GB does not ratify/confirm the designated OIC President, the GB designates another OIC President, subject to CSC rules on designation.
The GB must constitute the SCP within 6 months from the OIC President appointment.
The OIC President may not vote in selecting the SUC President.
The OIC President may apply as SUC President in the same SUC where currently serving if the OIC designation is relinquished upon SCP constitution.
TSU President remuneration must comply with Republic Act No. 11466 and related mandatory laws and must be comparable to presidents of similar educational institutions.
The President is entitled to full retirement benefits under existing laws and entitled to Representation and Transportation Allowance (RATA) and other benefits at DBM-prescribed rates.

Other university officials and internal bodies

The President must be assisted by Vice-Presidents for Academic Affairs, Administration, and Research, Development and Extension, appointed/designated by the GB upon recommendation of the President and in accordance with minimum qualification standards set by the GB.
Colleges and other units (including those listed) are headed by Deans (assisted by an Associate Dean if necessary) under minimum qualification standards set by the GB.
Key major programs and functions are headed by Directors, designated according to minimum qualification standards set by the GB, including Internal Audit Services Office, Management Information Systems Office, Office of Public Affairs, National Service Training Program, Office of Alumni Affairs, Library Management Services, Office of Admission and Registration, Student Affairs Services, University Research Office, Extension Services Management Office, Center for Gender Development, Food Technology and Research Center, Technology Development, Transfer and Commercialization Office, Administrative Services Office, Finance Office, Business Affairs and Auxiliary Office, Facilities Development and Management Office, Human Resource Development and Management Office, Planning Performance Monitoring and Evaluation Office, Quality Assistance Office, and International Affairs and Linkages Office.
The President may, subject to GB approval, issue special orders to effect designations for Vice-Presidents, Deans, Directors, Heads, and other officials.
The President may designate Officers-in-Charge subject to GB rules and CHED guidelines.
The President prescribes duties and responsibilities and oversees performance of Vice-Presidents, Deans, Directors, Heads, Chairpersons and other officials consistent with the University Code approved by the GB and existing law, rules, and regulations.
Vice-Presidents, Deans, and Directors may receive monthly RATA in line with DBM circulars; Directors and other officials not covered by DBM circulars may receive reasonable honorarium as prescribed by the President and approved by the Board, subject to availability of funds and usual accounting and auditing rules, and may be charged from appropriate University funds subject to applicable laws, rules and regulations.
The GB appoints a Secretary who serves for both the Board and the University, keeps records and proceedings of the Board, and serves notices of Board meetings.
The Treasurer of the Philippines is ex officio Treasurer of the University.
The Administrative Council consists of the President as Chairperson and the Vice-Presidents, Deans, Directors and other officials of equal rank as members, and it reviews and recommends policies on administration, management, and development planning to the Board.
The Board and the University Secretary may serve as Secretary of the Administrative Council, which keeps records, serves meeting notices, and performs other duties determined by the Council and/or University.
Administrative Council quorum is a majority of its members, and a majority of the quorum may decide questions except matters requiring a greater affirmative vote under relevant laws, rules, and regulations.
The President sets the schedule and venue of Administrative Council meetings, and the Council may formulate internal rules of procedure for proper conduct.
The Academic Council consists of the President as Chairperson and all academic staff with at least the rank of assistant professor.
The Academic Council reviews and recommends curricular offerings and rules of discipline to the Board for approval, and it fixes requirements for admission, graduation, and conferment of degrees subject to Board review and approval through the President.
The Academic Council exercises disciplinary power over students and formulates academic policies, rules, and regulations on discipline subject to Board approval.
The Academic Council has a Secretary designated by the President among University personnel to keep records, serve meeting notices, and perform other duties as determined by the Academic Council/University.
Academic Council quorum is a majority of members, and a majority of quorum may decide questions except those requiring greater affirmative vote under relevant laws, rules, and regulations.
The President sets meeting schedule and venue, and the Academic Council may promulgate internal rules of procedure.

Faculty standards, anti-discrimination, and prohibitions

The faculty comprises professors, instructors, and lecturers of each college or school, including University Professors, College Professors, Professors, Associate Professors, Assistant Professors, and Instructors.
Faculty appointments are made strictly on merit and fitness based on qualifications and competence, subject to guidelines, qualifications and standards set by the Board.
Faculty members are covered by Civil Service laws and rules, CHED and DBM Circulars, and the University Charter.
Political belief, gender preference, cultural or community affiliation, ethnic origin, and religious opinion or affiliation cannot be a basis of inquiry in faculty appointment.
Faculty appointment is subject to Board-set guidelines, qualifications and standards.
A faculty member must not criticize, vouch for, recruit members on behalf of, or preach about any particular church or religious sect.
Recruitment and personnel actions for faculty follow relevant Civil Service laws and rules on appointment and personnel actions.
Recruitment is limited to those who meet the minimum requirements prescribed for the rank.
Faculty are entitled to compensation and other benefits under existing laws, rules and regulations.
Faculty may receive honorarium for overload services for actual involvement in research, extension, resource generation, and other related programs/projects/activities as authorized by the University President and the Board, in accordance with applicable laws, rules and regulations.

Scholarships, equipment borrowing, TSU land, exemptions, reporting

TSU must provide financial assistance and affirmative action programs for financially challenged students who qualify for admission.
No student is denied admission on account of sex, gender preference, religion, political affiliation, cultural or community affiliation, or ethnic origin.
TSU must provide, as far as practicable, scholarship programs for faculty and non-teaching staff subject to applicable rules.
Upon request of the TSU President, heads of national government bureaus and offices may loan or transfer apparatus, equipment, or supplies needed by TSU and may detail employees, when such items or services can be spared without serious detriment to public service.
Detailed employees perform duties required by the TSU President and the time employed is counted as part of their regular service.
TSU’s assets, personnel, records, and liabilities remain under the name of TSU.
Faculty members’ and personnel’s positions, rights, and security of tenure remain in the same status until the Board provides otherwise.
TSU includes an upgrade or increase in its human resource component as deemed appropriate by the Board.
All parcels of land belonging to the government occupied by TSU and its campuses are declared property of TSU and must be titled under TSU’s name.
If TSU ceases to exist, is abolished, or the parcels are no longer needed by the University, the parcels revert to the concerned LGU or to the Republic of the Philippines, as the case may be.
The Board is authorized to create a committee to facilitate implementation of the land and asset provisions.
Importation by TSU of economic, scientific, technical and cultural books and publications for economic, technical-vocational, scientific, philosophical, historical or cultural purpose is exempt from customs duties upon CHED and TESDA certification, under Republic Act No. 10863.
The Board must submit an annual detailed report on the progress, conditions and needs of the University on or before the fifteenth (15th) day of the second month after opening of regular classes each year to the Office of the President and both Houses of Congress through the CHED Chairperson.

Appropriation, parity, separability, repeals, and transitory rules

The amount necessary to carry out the provisions of the Act must be included in the annual General Appropriations Act.
All other powers, functions and privileges, responsibilities and limitations to state universities and their officials under existing laws are deemed granted or imposed on TSU and its officials where appropriate (Parity Clause).
If any part or provision is declared invalid or unconstitutional, the remaining parts or provisions remain in full force and effect (Separability Clause).
Laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the IRR are repealed or modified accordingly (Repealing Clause).
Transitory rules require:
- Upon effectivity, all TSU employees are retained in their present positions, and no one is adversely affected upon approval of the IRR until the GB approves the new structure.
- Existing faculty associations, student associations, and alumni associations represented in the Governing Board must federate their respective organizations within one (1) year from IRR effectivity or until the end of their current term.
- The incumbent TSU President continues to hold office until the expiration of one (1) term.
Suppletory application requires that the provisions of Republic Act No. 8292 and its IRR form an integral part of the University charter framework.