lic of the Philippines
OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bil No. 4280 _

Introduced by Rep. Eulogio “Amang” R. Magsaysay

EXPLANATORY NOTE

Section 1, Article XIV of the Philippine Constitution provides for the right of
all ctizens 10 quality education at all levels and that appropriate steps should be
taken by the government to make such education accessible to all.

Giving due importance to the said constitutional mandate, a number of our
local government units have taken the initiative to make higher education
accessible to their constituents by establishing, through ordinances of their
respactive sanggunians, local colleges and universities (LCUs) within their
territorial jurisdiction under the provisions of the Local Government Code of 1991
or Republic Act 7160.

While the reasons behind the establishment of these LCUs on the part of
ihe \ocal government units are commendable, it has been observed that the
absence of definite guidelines on the establishment of these LCUs (e.g.
composition of the governing boards of these LOUs, the qualifications of the
adm nistering authority) has taken a toll on the delivery of quality education to the
constituents it serves.

‘The attached bill recognizes the need to rationalize the creation of LCUs
to bring about an upgrade in the delivery of cuality and accessible higher
education of these institutions of higher leaming.

It is therefore recommended that the foregoing bill be approved

hm

EULOGID “AMANG” R. MAGSAYSAY


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

House of Representatives

House Bill No.__4280

Introduced by Rep. Eulogio “Amang” R. Magsaysay

PROVIDING GUIDELINES FOR THE ESTABLISHMENT. AND OPERATION OF
LOCAL COLLEGES AND UNIVERSITIES AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines

in Congress assembled.

SECTION 1. Declaration of Policy. - It is the policy of the State to protect
and promote the right of all citizens to quality education at all levels and to take
appropriate steps to make education accessible to all. In doing so, the State shall
establish, maintain and support a complete, adequate and integrated system of
education relevant to the needs of the people and society and that it shall take

into account regional and sectoral needs and conditions and shall encourage

local planning in the development of educational policies and programs.

SECTION 2. Definition of Terms.- As used in this Act, the terms
enumerated herein shall have the following meaning:

(a) “Local College or University’ or “LCU" refers to a public higher education
institution established by a local government unit through an enabling
ordinance, and financially supported by the concerned local government
unit. In Filipino, an LCU is referred to as “Dalubhasaan’ for college and
“Pamantasan” for university

(0) "Ordinance" refers to the enabling act of the Sangguniang Bayan,
Panglunsod or Panlalawigan that creates a particular local college or

university and serves as the charter of the said local college or university


(0) “Degree Program’ refers to a collection of all courses in a discipline or a
field of study leading to an undergraduate or graduate degree, and may
also be referred to as academic program.

(d) “Non-degree Program” refers to a post-secondary program below the
bachelor degree.

(e) “Local Government Unit” or “LGU" refers to municipalities, cities and
provinces that created or established the local college or university.

(f) “College or Dalubhasaan” is an institution of higher learning offering
academic programs and usually pre-professional training leading to a
bachelor’s degree.

(g) “University or Pamantasan” is an institution made up of an undergraduate
division that offers bachelor's degree and a graduate division that
comprises a graduate school and professional schools each of which may
confer Master's degrees and doctorates. It is an entire socio-physical
infrastructure comprised of Schools, Colleges and Institutes offering
degree programs in various disciplines and levels.

SECTION 3. Coverage.- The provisions of this Act shall apply to:

(a) New higher education institutions to be established by local government
units by virtue of a local ordinance;

(b) Higher Education institutions established and operated by local
government units offering non-degree programs but would eventually offer
degree programs;

(c) Local colleges proposing elevation to university status; and

(d) Existing local colleges or universities which have not met the standards
prescribed in this Act.

SECTION 4. Establishment of Higher Education Institutions by
LGUs.— All LCUs shall be established and/or operated through an Ordinance
duly enacted for that purpose by the Sanggunian concerned. Provided, that
before the enactment of said Ordinance, an LGU establishing a higher education

institution shall consult and coordinate with the Commission on Higher Education


(CHED) to ensure observance of the necessary requirements for the
establishment and subsequent effective operation of a college.

SECTION 5. Use of “College” or “University”. A local higher education
institution established by a local government unit shall be known as a College. A
local college may subsequently apply for elevation to a university provided it has
complied with the standards and guidelines for the grant of university status
pursuant to the pertinent CHED rules and regulations and that it has followed the
appropriate process of accreditation conducted by a reliable accreditation body
which found the college prepared to be elevated into a university.

Local educational institutions offering only non-degree programs shall not
use College or University in its name unless they would eventually offer degree
programs and have complied with the requisites provided for the establishment of
a College or the grant of university status under the CHED rules and regulations.

SECTION 6. Funding of LCUs.- There shall be a provision for the regular
annual appropriation from the local government unit to support and sustain the
operation of the LCU.

SECTION 7. Governing Board of a Local College or University.- The
governing board of a college or dalubhasaan shall be its Board of Trustees
(BOT) while the governing board of a university or pamantasan shalll be its Board
of Regents. The governing boards of a local college or university shall be
composed of the following:

(a) Local Chief Executive as Chairman;

(6) President of the LCU as Vice-chairman;

(c) President of the duly recognized faculty association of the LCU as.
member,

(d) President of the duly recognized student council of the LCU as member;

(e) President of the alumni association as member;

(f) Chairman of the Sangguniang Committee on education as member;

(g) Regional Director of CHED as member;

(h) Division Superintendent of Schools as member


(i) Two (2) representatives from the private sector who has distinguished
themselves in their professions or fields of specialization chosen from
among a list of at least five (5) persons qualified in the city / municipality /
province where the school is located, as recommended by the search
committee constituted by the President in consultation with the CHED
based on the normal standards and qualifications for the position, as
members;

The two (2) representatives from the private sector shall be appointed by
the Local Chief Executive and shall each serve for a term of two years from the
date of their respective appointments.

The terms of office of the President of the faculty association, the
president of the student council, and the President of the alumni association shall
be coterminous with their respective terms of office pursuant to their respective
constitutions and by-laws.

SECTION 8. Powers of the Governing Board. The governing board shall
have the following specific powers and duties in addition to its general powers of
administration

a) to enact rules and regulations not contrary to law as may be necessary

to carry out the purposes and functions of the LCU;

b)

to receive and appropriate all sums as may be provided, for the
‘support of the LCU in the manner it may determine, in its discretion, to
carry out the purposes and functions of the LCU;

ic)

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,

2

to appoint, upon the recommendation of the president of the university
or college, vice presidents, directors, heads of departments, faculty

members and other officials and employees;

&

to fix and adjust salaries of faculty members and administrative officials

and employees subject to the provisions of pertinent budget and


compensation laws governing 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 withstanding; and to
remove them for cause in accordance with the requirements of due
process of law;

f) to approve the curricula, institutional programs and rules of discipline

drawn by the administrative and academic councils;

g) to set policies on admission and graduation of students;

ss

to delegate any of its powers and duties provided for to the president
and/or other officials of the LCU as it may deem appropriate so as to
expedite the administration of the affairs of the LCU;

i) to set up the adoption of modern and innovative modes of transmitting
knowledge such as the use of ICT but not limited to it for the promotion
of greater access to higher education;

j) to establish policy guidelines and procedures for participative decision
making and transparency within the institution;

SECTION 9. Promulgation and Implementation of Policies The
governing boards shall promulgate policies in accordance with the declared state
policies on education, science and technology, arts, culture and sports; as well
as the policies, standards and thrusts of the CHED under Republic Act No. 7722
and other pertinent laws.

SECTION 10. Administration of the LCU.- The administration of the
local college or university shall be vested in the President who shall render full-
time service to implement policies promulgated by the Governing Board. He/She
shall be appointed by the Board of Regents/Trustees upon the recommendation
of a search committee duly constituted by the Board.

The President of the LCU shall have a term of four (4) years and shall be
eligible for reappointment for another term, unless otherwise provided for in the
ordinance creating the LCU. The president shall hold an appropriate earned

doctoral degree and should have at least five (5) years of relevant administrative


experience, without prejudice to the provisions of additional qualifications to be
set by the governing board of the LCU.

in case of vacancy in the Office of the President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of the
President to perform the functions of his/her office, the Board shall have the
authority to designate an Officer-in-Charge of the College pending the
appointment of a new President. In case of vacancy in the office of the President
as mentioned in the foregoing sentence, his/her successor or the Officer-in-
Charge shall serve only the unexpired portion of the term.

The powers and duties of the President of an LCU, in addition to those
specifically provided in this Act, shall be those usually pertaining to the Office of
the President of other colleges/universities, and those delegated by the Board.

The salary of the President of the LCU shall be set by the Board, taking
into consideration the applicable civil service rules and regulations and ensuring
that the same shall be comparable to that being received by the Presidents of
similar educational institutions.

The vice-presidents, deans, directors, heads of departments, faculty, non-
teaching personnel and such other officials and employees for the effective
operation of the LCU shall be appointed by the Board, taking into consideration
the recommendation of the President. The appointments of these LCU officials
and employees shall be in conformity to existing civil service laws, rules and
regulations.

SECTION 11. Search Committee for President of an LCU.- Six (6)
months before the expiration of the term of office of the incumbent President, the
Governing Board shall appoint a Search Committee for President. The Search
Committee for President of the LCU shall have five (5) members to be appointed
by the Governing Board. The composition of the search committee should
include a representative from the local government unit concerned, the academe,
the Association of Local Colleges and Universities (ALCU), the faculty and the
business sector. They shall elect a Chairman and Vice-chairman from among

themselves.


SECTION 12. Grant of University Status.- The proposal for elevation to
University status shall be submitted to the Office of Programs and Standards,
CHED Central Office, through the CHED Regional Office for review. Only the
Commission en banc may grant the University status upon compliance with the
requirements.

SECTION 13. Implementing Rules and Regulations.- The Commission
‘on Higher Education, in coordination with relevant sectors, shall promulgate the
implementing rules and regulations as may be necessary to carry out the
provisions of this Act.

SECTION 14. Separability Clause.- If any provision of this Act shall be
held unconstitutional or invalid, the remaining provisions which are not affected
thereby shall continue to be full force and effect.

SECTION 15. Repealing Cfause.- All laws, decrees, executive orders,
rules and regulations, and other issuances, or parts thereof, contrary to or
inconsistent with this Act are hereby modified, amended or repealed accordingly,

SECTION 16. Effectivity.-This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,