Title
Revised IRR for Governing Boards of SUCs
Law
Ched Memorandum Order No. 03, S. 2001, January17, 2002
Decision Date
Jan 17, 2002
The Revised Implementing Rules and Regulations for the Higher Education Modernization Act of 1997 establish a uniform governance structure for chartered State Universities and Colleges, detailing the composition, appointment, and responsibilities of their Governing Boards to enhance the effectiveness and coordination of higher education in the country.

Law Summary

Definition of Key Terms

  • HEIs: All Philippine institutions primarily offering degree programs including recognized post-secondary vocational/technical institutions.
  • State Universities and Colleges (SUCs): Public HEIs with charters and independent Governing Boards.
  • Science/Technological and Agricultural Universities: Public HEIs with emphasis in science/technology and agriculture respectively.
  • Governing Board (GB): The highest policy-making body, called Board of Regents for universities and Board of Trustees for colleges.
  • Other definitions include duly recognized faculty and alumni associations, CHED as governing agency, student regents/trustees, special trust funds, socialized tuition schemes, dual systems, open and distance learning, community laboratories, and auxiliary services.

Scope and Coverage

  • This IRR applies to all chartered State Universities and Colleges in the Philippines, with exceptions enumerated later.

Governing Boards Composition and Powers

  • GBs are either Boards of Regents (universities) or Boards of Trustees (colleges).
  • Composition includes: CHED Chairman as GB Chair, SUC President as Vice Chair, congressional education committee chairmen, NEDA regional director, recognized faculty, student, alumni representatives, two private sector members chosen through a search committee, and appropriate regional government agency heads depending on specialization.
  • Private sector representatives must meet GB qualifications and are appointed after a search and recommendation process.
  • GB members have rights equivalent to board members of non-stock corporations; gov’t officials can appoint representatives under conditions.
  • Governing boards hold regular quarterly meetings; quorum requires majority, including CHED Chair/Commissioner or SUC President.
  • GB members are uncompensated but receive allowances and reimbursements for official activities.

Powers and Duties of Governing Boards

  • Formulate internal rules and regulations.
  • Manage and appropriate funds for SUC support.
  • Receive and administer donations and legacies with tax exemptions.
  • Fix and collect tuition and fees, establishing socialized fee schemes favoring less privileged.
  • Approve construction, equipment purchase, and property acquisition with tax exemptions.
  • Appoint academic and administrative officials based on presidential recommendation.
  • Set personnel salaries, leave, and removal policies.
  • Approve curricula, policies on student admission, graduation, discipline.
  • Confer honorary degrees and certificates.
  • Absorb non-chartered tertiary institutions to enhance access.
  • Establish research and extension centers, academic chairs, scholarships, and fellowships.
  • Delegation of powers to expedite administration.
  • Conduct external audits and implement reforms accordingly.
  • Collaborate with other SUCs for restructuring and efficiency.
  • Enter into business ventures and academic linkages locally and internationally.
  • Promote modern learning modes such as IT, dual systems, open and distance learning.
  • Ensure participative decision-making and institutional transparency.
  • Privatize non-academic services when advantageous.
  • Extend Presidency beyond retirement age under strict evaluation procedures.

Policy Promulgation

  • GBs enact policies consistent with constitutional and CHED mandates and national higher education laws.

Administration and Presidency of Chartered SUCs

  • Administration vested in a full-time President.
  • Presidents are appointed by GB upon recommendation of a Search Committee (SCP) constituted six months before term expiration.
  • SCP includes academic community, private sector, PASUC, and CHED representatives.
  • SCP recruits, screens, and nominates at least 3 candidates with strengths and weaknesses evaluations.
  • Appointments signed by CHED Chairman or designated Commissioner.
  • Presidential term is four years with eligibility for one re-appointment.
  • Incumbents under previous laws continue until term expiration with evaluation before re-appointment.
  • Vacancies filled temporarily by a CHED-designated Officer-in-Charge confirmed by GB.
  • Successor appointed during unexpired term serves only remaining term.
  • Vice Presidents and other officials appointed upon presidential recommendation.

Secretarial, Treasury, and Audit Functions

  • GBs appoint Board Secretaries responsible for records and communications.
  • Treasurer of the Philippines acts as ex-officio treasurer.
  • All SUC accounts audited by Commission on Audit.

Councils Within SUCs

  • Administrative Council (ADCO): Chaired by SUC President, includes VPs, Deans, Directors; reviews and recommends policies on administration and development.
  • Academic Council (AC): Chaired by SUC President, includes instructional staff (Assistant Professor and above); reviews and recommends curricula, discipline rules, and admission/graduation requirements.

Academic Freedom and Institutional Autonomy

  • Guaranteed to all chartered SUCs by constitutional and statutory provisions.

Non-Discrimination in Admissions

  • No admission denial based on sex, nationality, religion, political affiliation, or physical disability.

Reporting Requirements

  • Presidents must file detailed annual reports on SUC progress, conditions, and needs with the Office of the President, CHED, and Congress.

Exceptions

  • University of the Philippines and Mindanao State University Systems are not covered except for GB chairmanship by CHED Chairman and legislative committee members’ participation.

Transitional Provisions

  • Election of student representatives where none exist.
  • Establishment of federated student councils, faculty, and alumni associations in multi-campus SUCs.
  • Officer-in-Charge exercises presidential powers when appointed.
  • Government members not qualified under new IRR immediately removed.
  • Alumni from previous institutions counted where none exist yet.
  • Terms of incumbents respected, with restrictions on re-appointments.

Separability and Effectivity

  • Invalid provisions do not affect remaining provisions.
  • IRR takes effect 15 days after publication in two newspapers of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.