Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1st Regular Session

House Bill No.__970

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

The Higher Education Modernization Act (HEMA) of 1997 or Republic
Act No. 8292 principally aims to establish an adequate and integrated system of
higher education by rationalizing the composition of the Governing Boards of
chartered state universities and colleges (SUCs) nationwide to make it uniform and
coordinated. The said legislation has also laid down the powers and duties of
Governing Boards to ensure that more relevant and effective policies are being
formulated and implemented for the benefit of the SUCs and students.

Nineteen (19) years after the passage of the HEMA law, there were several
instances whereby presidents and private sector representatives of the governing
boards have held their position for more than the prescribed term of office just
because the incoming president or representatives were not appointed in time for
the start of the subsequent term of office. The overstaying incumbents then were
still allowed to vote on important SUC decisions and thus perpetuated the bad
practice of late appointments. Such a practice opens the doors for unbridled
discretion, abuse of power and even corruption.

This bill proposes to amend the provision on term limit of the President and
the Private Sector Representatives by stating specifically and unequivocally that the
term limit shall never be extended for any reason so as to prevent the circumvention
of the letter and spirit of the law.

In addition, this bill seeks to mandate that the funding for the budgetary
requirements of upgrading new faculty positions be initially sourced from the income
of the SUCs and to provide for the invalidation of any SUC Governing Board
resolution that shall run counter to existing laws and issuances. For the foregoing
reasons, the approval of this bill is earnestly sought.

Fi ICIS GERALD nctn RTE
Representatives, First District-Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BillNo.__970

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT AMENDING REPUBLIC ACT NO. 8292 OR THE HIGHER EDUCATION
MODERNIZATION ACT OF 1997

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 3, Paragraph b of Republic Act No. 8292, also known as
the “Higher Education Modernization Act of 1997”, is hereby amended to read as
follows:

Section 3. The Governing Boards; manner of appointment. -

200

(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. THE
TERMS OF OFFICE OF THE PRIVATE SECTOR REPRESENTATIVES
SHALL BE DEFINITE AND SHALL NEVER BE EXTENDED FOR ANY
REASON. IF THE NEXT PRIVATE SECTOR REPRESENTATIVES ARE NOT
CHOSEN ON TIME, THEIR POSITIONS SHALL BE DECLARED VACANT.

SECTION 2. Section 6 of Republic Act No. 8292, also known as the “Higher
Education Modernization Act of 1997”, is hereby amended to read as follows:

Section 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. PROVIDED. FURTHER, THAT
THE TERM OF OFFICE OF THE PRESIDENT SHALL NEVER BE EXTENDED
FOR ANY REASON. IF THE SUCCEEDING PRESIDENT IS NOT
APPOINTED ON TIME, AN OFFICER IN CHARGE, OTHER THAN THE
OUTGOING PRESIDENT, SHALL BE APPOINTED.

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.

SECTION 3. Section 16 of the same law is hereby amended to read as follows:

Section 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] CASH BACKING
REQUIREMENT - THE CASH BACKING-REQUIRED TO FUND THE
UPGRADING OF NEW POSITIONS UNDER NATIONAL BUDGET CIRCULAR
NO. 461 OR ANY FUTURE ISSUANCE SHALL BE INITIALLY SOURCED
FROM THE INCOME OF THE SUC AFTER THE RESULT OF EACH CYCLE
UNTIL SUCH TIME THAT THE EVALUATION FOR THE NEXT CYCLE WILL
COMMENCE. THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL
BE MANDATED TO TAKE OVER THE FINANCIAL BURDEN AFTER THIS.

SECTION 4. Section 17 of the same law is hereby amended to read as follows:

Section 17. [Repealing clause. — All laws, presidential decrees, executive,
orders, letters of instruction and SUC charters contrary to or inconsistent with
this Act hereby repealed or amended accordingly.] VOID RESOLUTIONS —
ANY RESOLUTION PROMULGATED BY ANY SUC GOVERNING BOARD
SHALL BE DECLARED NULL AND VOID AB INITIO IF IT IS INCONSISTENT
WITH EXISTING LAWS AND EXECUTIVE ISSUANCES.

SECTION 5. Separability Clause. — If, for any reason, any part or provision of

this Act OR Republic Act No. 8292 is declared invalid or unconstitutional, the
remaining parts or provisions not affected thereby shall remain in full force and effect.


Socwmusavaune

SECTION 6. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to
or inconsistent with the provisions of Republic Act No. 8292, as amended by this Act
is hereby repealed, amended or modified accordingly.

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its complete publication in the Official Gazette or in a newspaper of general
circulation.

Approved,