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.