Law Summary
Purpose and Roles of the University
- UP is a public, secular institution and community of scholars.
- Leadership in academic standards, innovations, and centers of excellence across diverse disciplines.
- Graduate university providing advanced studies to scholars and professionals.
- Research university conducting basic and applied research and promoting knowledge dissemination.
- Public service institution offering community and technical assistance while maintaining excellence.
- Protection and promotion of academic and non-academic personnel's rights and welfare.
- Provides training in leadership, citizenship, democratic values, and nationalism.
- Engages in regional and global cooperation with academic and scientific bodies.
- Practices democratic governance with active constituent participation.
University System Composition
- UP is a system of constituent universities established by the Board of Regents.
- Existing constituent universities include UP Diliman, Manila, Los Baños, Visayas, Mindanao, Baguio, Open University, and future ones.
Academic Freedom and Excellence
- UP has the right and responsibility to exercise academic freedom.
- Committed to maintaining and enhancing high academic standards in instruction, research, extension, and public service.
Commitment to National Development and Social Responsibility
- Utilizes expertise within the community to study and advise on national development policies.
- Government branches may request research or advice with budget support.
- UP serves Filipino nation and humanity aligning its activities with societal needs.
- May facilitate student volunteerism.
Democratic Access
- Affirmative steps to enhance access for disadvantaged students (indigenous peoples, poor, valedictorians, etc.).
- Prohibits denial of admission based on age, gender, nationality, religion, economic status, ethnicity, disability, or political opinion.
- Guarantees religious freedom and separation of Church and State.
Sports
- Promotion of comprehensive sports programs for physical education, excellence, teamwork, and national identity.
Institutional Autonomy
- UP enjoys institutional flexibility in managing its academic, research, and extension thrusts.
- Exclusively determines its educational policies and recommends its budget to the President and Congress.
Board of Regents: Composition and Governance
- Governing body called the Board of Regents with diverse membership including CHED Chairperson (Chair), UP President (Co-Chair), Congressional committee chairpersons, Alumni, Faculty, Student, Research/Extension/Professional Staff (REPS), and appointees.
- Terms for members generally two years with specific provisions for vacancies and sectoral regents.
- Members serve without compensation except reimbursement.
- Board convenes regularly, with quorum constituted by majority of members, and permits teleconferencing for congressional members.
Powers and Duties of the Board of Regents
- Define university thrusts and broad policies; preserve university integrity.
- Approve academic programs, student graduations, honors, faculty appointments, and disciplinary rules.
- Confer honorary degrees without consideration.
- Create or abolish units, establish chairs, provide scholarships, and elect UP President.
- Fix tuition fees after consultation; fund management and expenditure oversight.
- Manage properties, accept donations, and authorize staff travel including research with commercial potential.
- Exercise general corporate powers and delegate duties as necessary.
- Enact university governance rules consistent with law.
President of the University
- Chief academic and chief executive officer.
- Exercises powers designated by law and Board.
- Appointed by Board for a single six-year term.
Secretary of the University and Board
- Secretary appointed by Board, responsible for record keeping.
University Council
- Highest academic body of each constituent university.
- Composed of Chancellor and faculty rank assistant professor or higher.
- Fix admission and graduation requirements; prescribe academic programs and review academic policies.
- Exercise student disciplinary powers subject to review.
- Adopt internal rules.
Chancellor of Constituent University
- Administers constituent university, elected by Board upon nomination.
- Reports to UP President; term and compensation set by Board.
- Acting Chancellor appointed during vacancy with search period limits.
Faculty and Appointment Practices
- Faculty is the teaching staff presided over by the Dean.
- Dean elected by Board after consultation and recommendation.
- Faculty and research staff exempt from civil service exams; professional licensing does not affect appointment.
- No religious or political tests for faculty appointment.
Student Governance
- Student councils at college, university, and system levels.
- Councils composed of elected students serving one-year terms.
- Council serves as primary body advancing student interests.
- Freedom of expression and editorial autonomy guaranteed for student publications.
Land Grants and Real Properties
- State support via lump sum appropriations, land grants, donations, and properties.
- UP holds absolute ownership of granted lands and titles.
- Board may manage land leases and joint ventures ensuring academic mission protection and environmental compliance.
- Income from properties used for university purposes; no alienation of property allowed.
Asset Disposition Safeguards
- Prohibits sale of existing university real property except under specific conditions.
- Lease over five years and similar transactions require Board discussion with one-month notice, adherence to development plans, competitive bidding following Government Procurement Reform Act.
- Fairness opinion required if bidding fails twice; significant contracts require three-fourths Board approval.
- Leases to faculty, staff, or for academic use exempted from some provisions.
Fund Management
- Independent trust committee composed of university president and representatives from key financial associations.
- Committee recommends universal banks to manage funds through non-directed trust agreements.
- Committee guides investment objectives to preserve value and earn reasonable returns.
Tax Exemptions
- Revenues and assets used for educational purposes exempt from taxes and duties.
- Gifts and donations exempt from donor’s tax with a 150% deductible allowance.
- Importation of educational materials and equipment exempt from customs duties.
- UP pays 0% VAT on taxable transactions.
- Academic awards exempt from taxes.
Reporting and Auditing
- UP submits annual report to Congress including financial data, assets, income, contracts, and expenditures.
- Commission on Audit audits all accounts and disbursements.
Interpretation and Protection of Rights
- No issuance or legislation shall diminish rights and benefits accorded to UP unless expressly stated.
- Doubts in interpretation resolve in favor of academic freedom and fiscal autonomy.
Budget Appropriations
- Initial funding charged to current lump sum and internal funds.
- Annual General Appropriations Act includes funding responsibility.
- Centennial fund of P100 million yearly for five years established.
- Board authorized to use unexpended balances for determined purposes.
Separability and Repealing Clauses
- Declaration that invalid provisions do not affect the rest of the Act.
- Repeals inconsistent laws including previous UP Charters and related issuances.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a general circulation newspaper in the Philippines.