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.

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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