Employee Benefits and Cessation of Service

REPUBLIC ACT NO. 7722
AN ACT CREATING THE COMMISSION ON HIGHER
EDUCATION, APPROPRIATING FUNDS THEREFORE
AND FOR OTHER PURPOSES.

Higher Education Act of 1994
Sec. 2. Declaration of Policy
The State shall protect, foster and promote the right of all citizens
to affordable quality education at all levels and shall take
appropriate steps to ensure that education shall be accessible to
all. The State shall likewise ensure and protect academic freedom
and shall promote its exercise and observance for the continuing
intellectual growth, the advancement of learning and research, the
development of responsible and effective leadership, the
education of high-level and middle-level professionals and the
enrichment of our historical and cultural heritage.
State-supported institutions of higher learning shall gear their
programs to national, regional or local development plans. Finally,
all institutions of higher learning shall exemplify through their
physical and natural surroundings the dignity and beauty of as
well as their pride in, the intellectual and scholarly life.
Sec. 1. Title
RA. 7722

RA. 7722 Higher Education Act of 1994
Sec. 3. Creation of the Commission on Higher Education
In pursuance of the abovementioned policies, the Commission on
Higher Education is hereby created hereinafter referred to as the
Commission
The Commission shall be independent and separate from the
Department of Education, Culture and Sports (DECS), and attached
to the Office of the President for administrative purposes only. Its
coverage shall be both public and private institutions of higher
education as well as degree-granting programs in all post-
secondary educational institutions, public and private.

Sec. 4. Composition of the Commission
The Commission shall be composed of five (5) full-time
members. During the transition period which begins upon
approval of this Act, President may appoint the Secretary of
Education, Culture and Sports as ex-officio chairman of the
Commission for a maximum period of one (1) year. Thereafter, the
President shall appoint a Chairman of the Commission and four (4)
commissioners, who shall be holders of earned doctorate(s), who
have been actively engaged in higher education for at least ten (10)
years, and must not have been candidates for elective positions in
the elections immediately preceding their appointment. They shall
be academicians known for their high degree of professionalism
and integrity who have distinguished themselves as authorities in
their chosen fields of learning. The members of the Commission
shall belong to different academic specializations.
In no case shall any and all of the Commissioners appoint
representatives to act on their behalf

Sec. 5. Term of Office
The President shall appoint the full-time chairman and the
commissioners for a term of four (4) years, without prejudice to
one reappointment. The terms of the initial appointees shall be on
a staggered basis: the full-time chairman shall hold office for a
term of four (4) years, the next two (2) commissioners for three (3)
years, and the last two (2) commissioners for two (2) years.
The commissioners shall hold office until their successors shall
have been appointed and qualified. Should a member of the
Commission fail to complete his term, his successors shall be
appointed by the President of the Philippines but only for the
unexpired portion of the term.
Sec. 6. Rank and Emoluments
The chairman and the commissioners shall have the rank of a
Department Secretary and Undersecretary, respectively. They shall
receive the compensation and other emoluments corresponding to
those of a Department Secretary and Undersecretary, respectively,
and shall be subject to the same disqualifications.

Sec. 7. Board of Advisers
There shall be constituted a Board of Advisers which shall meet
with the Commission at least once a year to assist it in aligning its
policies and plans with the cultural, political and socioeconomic
development needs of the nation and with the demands of world-
class scholarship.
The Board of Advisers shall be composed of the following:
(a) the Secretary of Education, Culture and Sports, as chairman;
(b) the Director-General of the National Economic and
Development Authority, as co-chairman;
(c) the Secretary of Science and Technology;
(d) the Secretary of Trade and Industry;
(e) the Secretary of Labor and Employment;
(f) the President of the Federation of Accrediting Associations
of the Philippines (FAAP); and
(g) the President of the Fund for Assistance to Private
Education (FAPE).
Two (2) additional members of the Board of Advisers may be
appointed by the President upon recommendation of the
Commission.

Sec. 8. Powers and Functions of the Commission
The Commission shall have the following powers and functions:
(a) formulate and recommend development plans, policies,
priorities, and programs on higher education and research;
(b) formulate and recommend development plans, policies,
priorities and programs on research;
(c) recommend to the executive and legislative branches,
priorities and grants on higher education and research;
(d) set minimum standards for programs and institutions of
higher learning recommended by panels of experts in the field
and subject to public hearing, and enforce the same;

(e) monitor and evaluate the performance of programs and
institutions of higher learning for appropriate incentives as well
as the imposition of sanctions such as, but not limited to,
diminution or withdrawal of subsidy, recommendation on the
downgrading or withdrawal of accreditation, program termination
or school closure;
(f) identify, support and develop potential centers of excellence in
program areas needed for the development of world-class
scholarship, nation building and national development;
(g) recommend to the Department of Budget and Management the
budgets of public institutions of higher learning as well as
general guidelines for the use of their income;

(h) rationalize programs and institutions of higher learning and
set standards, policies and guidelines for the creation of new
ones as well as the conversion or elevation of schools to
institutions of higher learning, subject to budgetary limitations
and the number of institutions of higher learning in the province
or region where creation, conversion or elevation is sought to be
made;
(i) develop criteria for allocating additional resources such as
research and program development grants, scholarships, and
other similar programs: Provided, That these shall not detract
from the fiscal autonomy already enjoyed by colleges and
universities;
(j) direct or redirect purposive research by institutions of higher
learning to meet the needs of agro-industrialization and
development;

(k) devise and implement resource development schemes;
(l) administer the Higher Education Development Fund, as
described in Section 10 hereunder, which will promote the
purposes of higher education;
(m) review the charters of institutions of higher learning and state
universities and colleges including the chairmanship and
membership of their governing bodies and recommend
appropriate measures as basis for necessary action;
(n) promulgate such rules and regulations and exercise such
other powers and functions as may be necessary to carry out
effectively the purpose and objectives of this Act; and
(o) perform such other functions as may be necessary for its
effective operations and for the continued enhancement, growth
or development of higher education.

Sec. 9. The Secretariat
The Commission shall organize a secretariat which shall be
headed by an executive officer, subject to the national
compensation and position classification plan. It shall fix the
secretariat's staffing pattern, determine the duties, qualifications,
responsibilities and functions, as well as the compensation
scheme for the positions to be created upon the recommendation
of the executive officer. It shall also prepare and approve its
budget. The Commission shall appoint the members of the staff
upon the recommendation of the executive officer.
Sec. 10. The Higher Education Department Fund
A Higher Education Development Fund, hereinafter referred to as
the Fund, is hereby established exclusively for the strengthening
of higher education in the entire country.
(a) The Government's contribution to the Fund shall be the
following:
(1) the amount of Five hundred million pesos (P500,000,000)
as seed capital;

(a) The Government's contribution to the Fund shall be the
following:
(1) the amount of Five hundred million pesos (P500,000,000)
as seed capital;
(2) the amount of Fifty million pesos (P50,000,000) for the
initial operation of the Commission;
(3) the equivalent of forty percent (40%) annual share on the
total gross collections of the travel tax;
(4) the equivalent of thirty percent (30%) share of the
collections from the Professional Registration Fee; and
(5) the equivalent of one percent (1%) of the gross sales of the
lotto operation of the Philippine Charity Sweepstakes Office
(PCSO).

(b) Starting Fiscal Year 1995 and every year thereafter, government
financing institutions identified and requested by the Commission
may contribute to the Fund an amount equivalent to not less than
three percent (3%) but not more than five percent (5%) of their
unimpaired surplus realized during the immediately preceding
year.
(c) The Fund shall have a private portion to be raised from
donations, gifts, and other conveyances including materials,
equipment, properties and services by gratuitous title.

Sec. 11. Management and Administration of the Higher Education
Development Fund
The Fund shall be administered by the Commission. For sound
and judicious management of the Fund, the Commission shall
appoint a reputable government financial institution as portfolio
manager of the Fund, subject to the following conditions. As
administrator of the Fund, the Commission shall prepare the
necessary guidelines for its use, subject to the following
conditions:
(a) No part of the seed capital of the Fund, including earnings
thereof, shall be used to underwrite overhead expenses for
administration;
(b) Unless otherwise stipulated by the private donor, only
earnings of private contributions shall be used for administrative
expenses;
(c) The Commission shall appoint and organize a separate staff,
independent administratively and budgetarily separate from the
Commission Secretariat; and
(d) The Fund shall be utilized equitably according to regions and
programs.

Sec. 12. The Technical Panels
The Commission shall reconstitute and/or organize technical
panels for different disciplines/program areas. They shall assist
the Commission in setting standards and in program and
institution monitoring and evaluation. The technical panels shall
be composed of senior specialists or academicians to be
appointed by the Commission.
Sec. 13. Guarantee of Academic Freedom
Nothing in this Act shall be construed as limiting the academic
freedom of universities and colleges. In particular, no abridgment
of curricular freedom of the individual educational institutions by
the Commission shall be made except for: (a) minimum unit
requirements for specific academic programs; (b) general
education distribution requirements as may be determined by the
Commission; and (c) specific professional subjects as may be
stipulated by the various licensing entities. No academic or
curricular restriction shall be made upon private educational
institutions which are not required for chartered state colleges and
universities.

Sec. 14. Accreditation
The Commission shall provide incentives to institutions of higher
learning, public and private, whose programs are accredited or
whose needs are for accreditation purposes.
Sec. 15. Tax Exemptions
Any donation, contribution, bequest, and grant which may be
made to the Commission shall constitute as allowable deduction
from the income of the donor for income tax purposes and shall be
exempt from donor's tax, subject to such conditions as provided
under the National Internal Revenue Code, as amended.
Sec. 16. Authority
The Commission shall exercise such authority as may be deemed
necessary within its premises or areas of operation to effectively
carry out its powers and functions and to attain its objectives:
Provided, That the Commission may seek the assistance of other
government agencies for the proper implementation of this Act.

Sec. 17. Appropriation
The amount of Five hundred million pesos (P500,000,000) is hereby
authorized to be appropriated for the seed capital of the Fund. The
additional amount of Fifty million pesos (P50,000,000) is hereby
authorized to be appropriated out of the funds in the National
Treasury not otherwise appropriated or out of the Philippine
Amusement and Gaming Corporation (PAGCOR) funds for the
initial operation of the Commission.
The sum equivalent to the appropriations for the current year for
the Bureau of Higher Education and the degree-granting-programs
of the Bureau of Technical-Vocational Education, including those
for higher and tertiary education and degree granting vocational
and technical programs of the Bureau of Technical-Vocational
Education in the regional offices, as well as parts of the budgetary
items under the DECS budget that are concerned with higher and
tertiary education and degree-granting vocational and technical
programs such as those for personal services, maintenance and
other operating expenses and capital outlay, shall be transferred to
the Commission.
Thereafter, the funds necessary shall be included in the General
Appropriations Act.

Sec. 18. Transitory Provisions
Such personnel, properties, assets and liabilities, functions and
responsibilities of the Bureau of Higher Education, including those
for higher and tertiary education and degree-granting vocational
and technical programs in the regional offices, under the
Department of Education, Culture and Sports, and other
government entities having functions similar to those of the
Commission are hereby transferred to the Commission.
The Commission shall have the authority to appoint its own
personnel.
All regular or permanent employees transferred to the Commission
shall not suffer any loss of seniority or rank or decrease in
emoluments. Personnel of the Bureau of Higher Education not
otherwise transferred to the Commission shall be reassigned by
the DECS in any of its offices and bureaus: Provided,
however, That, any employee who cannot be accommodated shall
be given all the benefits as may be provided under existing laws,
rules and regulations.

Jurisdiction over DECS-supervised or chartered state-supported
post-secondary degree-granting vocational and technical
programs and tertiary institutions shall be transferred to the
Commission.
A transitory body is hereby created which shall be composed of
the Secretary of Education, Culture and Sports (DECS), Chair of
the Senate Committee on Education, Arts and Culture, Chair of the
House Committee on Education and Culture, a representative each
of the Association of Christian Schools and Colleges (ACSC), the
Catholic Educational Association of the Philippines (CEAP), the
Philippine Association of Colleges and Universities (PACU), the
Philippine Association of Private Schools, Colleges and
Universities (PAPSCU), the Philippine Association of State
Universities and Colleges (PASUC), and the Philippine Association
of Private Technical Institutions (PAPTI).

The transitory body shall facilitate the complete and full operation
of the Commission which shall not be later than three (3) months
after the effectivity of this Act. It shall likewise, promulgate the
rules and regulations necessary to effectively implement the
smooth and orderly transfer to the Commission. The transition
period not exceeding three (3) months shall commence from the
approval of this Act.
Sec. 19. Repealing Clause
All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Sec. 20. Separability Clause
If any part or provision of this Act shall be held unconstitutional or
invalid, other provisions hereof which are not affected thereby
shall continue to be in full force and effect.
Sec. 21. Effectivity
This Act shall take effect upon its approval.
Approved: May 18, 1994

With the passage of R.A. 7722 on May 18, 1994, the Act creating
the Commission on Higher Education (CHED), the supervision of
higher education, including teacher education was transferred
from the Department of Education, Culture and Sports (DECS), to
the Commission on Higher Education (CHED). This caused the
gap between the pre-service teacher training (teacher education)
and the major employer of the graduates of Teacher Education
Institutions (TEIs) which is the Department of Education Culture
and Sports (DECS). Whereas, before R.A. 7722, there was direct
communication between and among the three DECS bureaus:
Higher Education, Secondary Education and Elementary Education
such mechanics was not provided for in R.A. 7722.
To bridge the gap, R.A. 7784 was enacted into law on August 4,
1994 which sought “to strengthen teacher education in the
Philippines by establishing Centers of Excellence, and creating
Teacher Education Council (TEC) for the purpose, appropriating
funds therefore and for other purposes”.

Hadja Luningning Misuarez -
Umar, Ed.D.
Nona S. Ricafort, Ph.D.
Nenalyn P. Defensor, Ed.D. William C. Medrano, Ph.D.
Chairperson of the Commission on Higher Education
Patricia B. Licuanan, Ph.D.
Commissioners

REPUBLIC ACT NO. 8292
AN ACT PROVIDING FOR THE UNIFORM COMPOSITION
AND POWERS OF THE GOVERNING BOARDS, THE
MANNER OF APPOINTMENT AND TERM OF OFFICE OF
THE PRESIDENT OF CHARTERED STATE UNIVERSITIES
AND COLLEGES, AND FOR OTHER PURPOSES

Higher Education Modernization Act of 1997
Sec. 2. Declaration of Policy
It is the declared policy of the State to establish, maintain, and
support a complete, adequate and integrated system of education
relevant to the needs of the people society. Towards this end, the
composition of the governing boards of chartered state
universities and colleges is hereby modified in order to:
Sec. 1. Title
RA. 8292
(a) achieve a more coordinated and integrated system of higher
education;
(b) render them more effective in the formulation and
implementation of policies on higher education;
(c) provide for more relevant direction in their governance; and
(d) ensure the enjoyment of academic freedom as guaranteed by
the Constitution.

Sec. 3. The Governing Boards; manner of appointment
(a) Composition – The governing body of state universities and
colleges is hereby in the Board of Regents for universities and in
the Board of Trustees for colleges which shall be composed of the
following:
RA. 8292 Higher Education Modernization Act of 1997
(i) Chairman of the Commission on Higher Education (CHED),
Chairman;
(ii) President of the university or college, Vice Chairman;
(iii) Chairmen of the Congressional Committees on Education
and Culture;
(iv) Regional Director of the National Economic Development
Authority (NEDA) where the main campus of the university or
college is located;

(v) Regional Director of the Department of Science and
Technology (DOST) in case of science and technological
colleges; or the Regional Director of the Department of
Agriculture colleges; or the Secretary of Education for an
Autonomous Region. In lieu of such representation, the
commanding generals of the Philippine Air Force and the
Philippine Navy shall sit as members of the Board of the
Philippine State College of Aeronautics and the Philippine
Merchant marine Academy, respectively;
(vi) President of the faculty association;
(vii) President of the supreme student council or the student
representative elected by the student council: Provided, That in
the absence of a student council president of student
representative elected by the student council, the university or
college shall schedule one (1) weekly for the campaign and
election of student representative;

(viii) President of the alumni association of the institution
concerned;
(ix) Two (2) prominent citizens who have distinguished
themselves in their professions or fields of specialization
chosen from among lists of at least five (5) persons qualified in
the city or the province where the school is located, as
recommended by the search committee constituted by the
President consultation with the Chairman of the CHED based
on the normal standards and qualifications for the position;
The faculty and the student council shall be represented of their
respective federations in multi-campus universities and
colleges. The private sector representatives shall be appointed
by the Board of Regents/Trustees upon recommendation of a
duly constituted search committee.

(b) Term of office – The president of the faculty and alumni
associations and the student regents or trustees shall sit in the
board until expiration of their term of office in such capacities.
The prominent citizens shall serve for a term of two (2) years.

(c) Meetings; quorum – The Board of Regents/Trustees shall
regularly convene at least once every quarter. The Chairman of the
Board of Regents/Trustees may call a special meeting whenever
necessary: Provided, That members are notified in writing at least
three (3) days prior to said meeting.
A majority of all members holding office shall constitute a quorum
for board meetings: Provided, that the Chairman of the CHED who
is the chairman of the Board or the president of the university or
college is among those present in the meeting. In the absence of
the Chairman of the CHED, a commissioner of the CHED, duly
designed by him, shall represent him in the meeting all the rights
and responsibilities of a regular member: Provided, however, That
in the said meeting, the president of the university or college as
vice chairman shall be the presiding officer:Provided, further, That
this proviso notwithstanding, the Chairman of the CHED is hereby
authorized to designate a CHED Commissioner the regular Chair to
the Board of a particular university or college, in which case said
CHED Commissioner shall act as the presiding officer.

The members shall serve without compensation, but they shall be
reimbursed for necessary expense incurred in their attendance of
meetings of the Board or in connection with their official business
authorities by resolution of the Board.

Sec. 4. Powers and duties of Governing Boards
The governing board shall have the following specific powers and
duties in addition to its general powers of administration and the
exercise of all the powers granted to the board of directors of a
corporation under Section 36 of Batas Pambansa Blg. 68 otherwise
known as the Corporation Code of the Philippines;
(a) to enact rules and regulations not contrary to law as may be
necessary to carry to carry out the purposes and functions of
the university or college;
(b) to receive and appropriate all sums as may be provided, for
the support of the university or college in the manner it may
determine, in its discretion, to carry out the purposes and
functions of the university or college;

(c) to receive in trust legacies, gifts and donations of real and
personal properties of all kinds, to administer and dispose the
same when necessary for the benefit of the university or
college, subject to limitations, directions and instructions of the
donors, if any. Such donations shall be exempt from all taxes
and shall be considered as deductible items from the income tax
of the donor: Provided, however, That the rights, privileges and
exemptions extended by this Act shall likewise be extended to
non-stock, non-profit private universities and
colleges: Provided, finally, That the same privileges shall also
be extended to city colleges and universities with the approval
of the local government to city colleges and universities with the
approval of the local government unit concerned and in
coordination with the CHED;

(d) to fix the tuition fees and other necessary school charges,
such as but not limited matriculation fees, graduation fees and
laboratory fees, as their respective boards may deem proper to
impose after due consultations with the involved sectors.
Such fees and charges, including government subsidies and other
income generated by the university or college, shall constitute special
trust funds and shall be deposited in any authorized government
depository bank, and all interests shall accrue therefrom shall part of
the same fund for the use of the university or college: Provided, That
income derived from university hospitals shall be exclusively
earmarked for the operating expenses of the hospitals.
Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the university or college
from tuition fees and other charges, as well as from the operation of
auxiliary services and land grants, shall be retained by the university or
college, and may be disbursed by the Board of Regents/Trustees for
instruction, research, extension, or other programs/projects of the
university or college: Provided, That all fiduciary fees shall be
disbursed for the specific purposes for which they are collected.

(e) to adopt and implement a socialized scheme of tuition and
school fees for greater access to poor but deserving students;
(f) to authorize the construction or repair of its buildings,
machineries, equipment and other facilities and the purchase
and acquisition of real and personal properties including
necessary supplies, materials and equipment. Purchases and
other transactions entered into by the university or college
through the Board of Regents/Trustees shall be exempt from all
taxes and duties;
(g) to appoint, upon the recommendation of the president of the
university or college, vice presidents, deans, directors, heads of
departments, faculty members and other officials and
employees;

(h) to fix and adjust salaries of faculty members and
administrative officials and employees subject to the provisions
of the revised compensation and classification system and
other pertinent budget and compensation laws governing hours
of service, and such other duties and conditions as it may deem
proper; to grant them, at its discretion, leaves of absence under
such regulations as it may promulgate, any provisions of
existing law to the contrary not with standing; and to remove
them for cause in accordance with the requirements of due
process of law;
(i) to approve the curricula, institutional programs and rules of
discipline drawn by the administrative and academic councils as
herein provided;
(j) to set polices on admission and graduation of students;

(k) to award honorary degrees upon persons in recognition of
outstanding contribution in the field of education, public
service, arts, science and technology or in any field of
specialization within the academic competence of the university
or college and to authorize the award of certificates of
completion of non-degree and non-traditional courses;
(l) to absorb non-chartered tertiary institutions within their
respective provinces in coordination with the CHED and in
consultation with the Department of Budget and Management,
and to offer therein needed programs or courses, to promote
and carry out equal access to educational opportunities
mandated by the Constitution ;
(m) to establish research and extension centers of the SUC
where such will promote the development of the latter;

(n) to establish chairs in the university or college and to provide
fellowships for qualified faculty members and scholarships to
deserving students;
(o) to delegate any of its powers and duties provided for
hereinabove to the president and/or other officials of the
university or college as it may deem appropriate so as to
expedite the administration of the affairs of the university or
college;
(p) to authorize an external management audit of the institution,
to be financed by the CHED and to institute reforms, including
academic and structural changes, on the basis of the audit
results and recommendations;

(q) to collaborate with other governing boards of SUCs within
the province or the region, under the supervision of the CHED
and in consultation with the Department of Budget and
Management, the restructuring of said colleges and universities
to become more efficient, relevant, productive, and competitive;
(r) to enter into joint ventures with business and industry for the
profitable development and management of the economic
assets of the college or institution, the proceeds from which to
be used for the development and strengthening of the college or
university;
(s) to develop consortia and other forms of linkages with local
government units, institutions and agencies, both public and
private, local and foreign, in furtherance of the purposes and
objectives of the institution;

(t) to develop academic arrangements for institution capability
building with appropriate institutions and agencies, public or
private, local or foreign, and to appoint experts/specialists as
consultants, or visiting or exchange professors, scholars,
researchers, as the case may be;
(u) to set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information
technology, the dual system, open learning, community
laboratory, etc., for the promotion of greater access to higher
education;
(v) to establish policy guidelines and procedures for
participative decision-making and transparency within the
institution;

(w) to privatize, where most advantageous to the institution,
management and non-academic services such as health, food,
building or grounds or property maintenance and similar such
other objectives; and
(x) to extend the term of the president of the college or
university beyond the age of retirement but not later than the
age of seventy (70), whose performance has been unanimously
rated as outstanding and upon unanimous recommendation by
the search committee for the president of the institution
concerned.

Sec. 5. Promulgation and implementation of policies
The governing boards shall promulgate and implement policies
in accordance with the declared state policies on education and
other pertinent provisions of the Philippine Constitution on
education, science and technology, arts, culture and sports; as
well as the policies, standards and thrusts of the CHED under
Republic Acts No. 7722
Sec. 6. The Administration
The administration of the university or college shall be vested in
the president of the university or college who shall render full-
time service. He shall be appointed by the Board of
Regents/Trustees, upon the recommendation of a duly
constituted search committee. He shall have a term of four (4)
years and shall be eligible for reappointment for another term:
Provided, That this provision shall not adversely affect the terms
of the incumbents.

Sec. 6. The Administration
The president shall be assisted by a vice president for academic
affairs who shall be appointed by the Board upon the former's
recommendation without prejudice to the appointment of more
than one vice president when so warranted.
In case of vacancy by reason of death, resignation, removal for
cause or incapacity of the president to perform the functions of
his office, the Board shall have the authority to designate an
officer-in-charge pending the appointment of a new president.
In case of vacancy in the office of the president as mentioned in
the immediately preceding paragraph, his successors shall hold
office for the unexpired term.

Sec. 7. The Secretary of the University or College
The Board shall appoint a secretary who shall serve as such for
both the Board and the university or college and shall keep all
records and proceedings of the Board. He shall communicate to
each member of the Board notice of meetings.
Sec. 8. The Treasurer of the Philippines.
The Treasurer of the Philippines shall be the ex-officio treasurer
of the university or college. All accounts and expenses of the
university or college shall be audited by the Commission on
Audit or its duly authorized representative.
Sec. 9. Administrative Council.
There shall be an administrative council consisting of the
president of the university or college as Chairman, the vice
president(s), deans, directors and other officials of equal rank as
members, and whose duty is to review and recommend to the
Board of Regents/Trustees policies governing the
administration, management and development planning of the
university or college for appropriate action.

Sec. 10. Academic Council
There shall be an academic council with the president of the
university or college as Chairman and all members of the
instructional staff with the rank of not lower than assistant
professor as members.
The academic council shall have the power to review and
recommend the curricular offerings and rules of discipline of the
university or college subject for appropriate action of the Board
of Regents/Trustees. It shall fix the requirements for the
admission of students as well as for graduation and the
conferment of degrees subject to review and/or approval by the
Board of Regents/Trustees through the president of the
university or college.
Sec. 11. Academic Freedom
Pursuant to paragraph 2, Section 5 of Article XIV of the
Constitution of the Republic of the Philippines, all institutions of
higher learning, public or private, shall enjoy academic freedom
and institutional autonomy.

Sec. 12. Admission
No student shall be denied admission to any university or
college by reasons of sex, nationality, religion, political
affiliation, or physical disability.
Sec. 13. Exclusion clause
Except for the chairmanship of the Board, the provisions of this
Act shall not affect the charter of the University of the
Philippines System. Likewise, this Act shall not affect the charter
of the Mindanao State University (MSU) except for the provision
of this Act on chairmanship of the Board, and the membership of
the Chairmen of the Congressional Committees on Education
and Culture.
Sec. 14. Filing of report
On or before the fifteenth (15th) day of the second month after
the opening of regular classes each year, the president of the
university or college shall file with the Office of the President of
the Philippines through the Chairman of the CHED, and with the
Senate and House of Representatives a detailed report on the
progress, conditions and needs of the university or college.

Sec. 15. Implementation
The Chairman of the CHED is hereby directed to take such steps
as are necessary for the immediate implementation of this Act.
Sec. 16. Separability clause
If, for any reason, any part or provision of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not
affected thereby shall remain in full force and effect.
Sec. 17. Repealing clause
All laws, presidential decrees, executive orders, letters of
instruction and SUC charters contrary to or inconsistent with
this Act are hereby repealed or amended accordingly.
Sec. 18. Effectivity clause
This Act shall take effect upon its approval.
Approved: June 6, 1997

REFERENCES
www.lawphil.net
http://www.glin.gov.action
www.freewebs.com
www.chanrobles.com/
republicactno7722
www.ched.gov.ph
http://chedwww/index,
php/eng/The-
Commission

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