Title
Higher Education Governing Boards Act
Law
Republic Act No. 8292
Decision Date
Jun 6, 1997
The Higher Education Modernization Act of 1997 establishes a uniform governance structure for chartered state universities and colleges in the Philippines, detailing the composition, powers, and appointment processes of their governing boards to enhance educational effectiveness and academic freedom.
A

Composition and Appointment of Governing Boards

  • The governing body is the Board of Regents for universities and the Board of Trustees for colleges.
  • Members include:
    • Chairman of the Commission on Higher Education (CHED) as Chair.
    • University/college president as Vice Chairman.
    • Chairpersons of Congressional Committees on Education and Culture.
    • Appropriate regional directors (NEDA, DOST, DA) based on institution type.
    • Commanding generals for aeronautics and marine academies, respectively.
    • Presidents of faculty association, supreme student council, alumni association.
    • Two prominent citizens from the local area, appointed via a search committee.
  • Multi-campus institutions have federated representation for faculty and students.
  • Terms:
    • Faculty, alumni, and student representatives serve terms aligned with their offices.
    • Prominent citizens serve two-year terms.
  • The Board meets quarterly; special meetings require 3-day written notice.
  • Quorum requires a majority including CHED Chair or designate; members serve without compensation but with expense reimbursement.

Powers and Duties of Governing Boards

  • Rule-making powers consistent with law to fulfill institutional purposes.
  • Manage funds, including government appropriations and trusts.
  • Accept and manage tax-exempt donations and gifts.
  • Fix tuition, school fees, and other charges; fees form special trust funds.
  • Income is retained for institutional programs; hospital income allocated to hospital expenses.
  • Adopt socialized fee schemes for access by deserving poor students.
  • Authorize construction, acquisition, tax-exempt purchases.
  • Appoint officials and faculty upon president’s recommendation.
  • Set and adjust salaries within legal constraints.
  • Grant leaves and remove personnel for cause with due process.
  • Approve curricula, policies on admissions, graduation, and discipline.
  • Award honorary degrees and certificates for nondegree courses.
  • Absorb non-chartered tertiary schools to extend access.
  • Establish research centers and chairs; provide fellowships and scholarships.
  • Delegate powers to facilitators for administrative efficiency.
  • Authorize external management audits; implement reforms.
  • Collaborate for restructuring and efficiency with government agencies.
  • Enter into joint ventures; develop linkages with local government and agencies.
  • Promote modern teaching methods and transparency.
  • Privatize non-academic services when advantageous.
  • Extend president’s term beyond retirement age up to 70, with unanimous approval.

Policy Promulgation and Implementation

  • Governing boards shall enact policies aligned with State educational policies and CHED standards.

Administration of Universities and Colleges

  • Institution administration vested in a full-time president appointed for a 4-year term, renewable once.
  • Appointment based on a search committee's recommendation.
  • Vice president(s) appointed to assist president.
  • Board designates officer-in-charge when president's office is vacant.

Board Secretary

  • Appointed by the Board to keep records and communicate meeting notices.

Financial Oversight

  • Treasurer of the Philippines acts as ex officio treasurer.
  • Commission on Audit audits all accounts and expenses.

Administrative Council

  • Comprises president, vice president(s), deans, directors, and equivalent officials.
  • Reviews and recommends administrative policies for Board action.

Academic Council

  • Composed of the president and instructional staff of assistant professor rank or higher.
  • Reviews and recommends curricula, discipline rules, admission, and graduation requirements.
  • Recommendations subject to Board approval through the president.

Academic Freedom

  • All higher education institutions enjoy academic freedom and institutional autonomy as guaranteed by the Constitution.

Admission Policy

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

Exclusions

  • The University of the Philippines System and Mindanao State University charters remain unaffected except for Board chairmanship and congressional representation provisions.

Reporting Requirements

  • Presidents must submit annual detailed reports on progress, condition, and needs to the Office of the President, CHED, Senate, and House.

Implementation

  • CHED Chairman tasked with ensuring immediate enforcement of this Act.

Separability Clause

  • Invalid provisions do not affect the remaining valid provisions.

Repealing Clause

  • Laws and orders inconsistent with this Act are repealed or amended accordingly.

Effectivity

  • The Act becomes effective upon approval.

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