Republic of the Philippines
29 JUL 2013
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Spyps

House of Representatives
Quezon City

SIXTEENTH CONGRESS

First Regular Session

COIA HRN =

HOUSE BILL NO. 1995

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11 Introduced by Honorable Anthony M. Bravo and Honorable
12 Cresente C. Paez

EXPLANATORY NOTE

Republic Act No, 8292, also known as the "Higher Education Modemization Act of
1997" provides for the uniform composition and powers of the governing boards as well as
the manner of appointment and terms of office of the president of chartered state universities
and colleges (SUCs)

This bill seeks to amend the said law to put a limit on the term of office of the
president as well as the private sector representatives. This is because a big number of
presidents and private sector representatives have abused their term limits by the simple
reason that the incoming president or representatives are not appointed or chosen on time thus
allowing the incumbents to overstay as “hold-over” or “caretaker officials.” They are thus
allowed to vote on important SUC decisions despite the fact that they are already overstaying

This bill also aims to mandate the SUCs to fund the initial fiscal requirements of
upgrading their new faculty positions as well as making null and void those SUC governing

board resolutions that run counter to existing laws and issuances.

HON. ANTHONY M. BRAVO HON.

NTE C. PAEZ

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Republic of the Philippines

House of Representatives
Quezon City

First Regular Session

HOUSE BILLNO._1995

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6 SIXTEENTH CONGRESS
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Introduced by Honorable Anthony M. Bravo and Honorable

12 Cresente C. Paez

B AN ACT

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

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

17 SECTION 1. Section 3, Paragraph b of Republic Act No. 8292, also known as the

18"Higher Education Modernization Act of 1997", is hereby amended to read as follows:

19 Section 3. The Governing Boards; manner of appointment, —
20 XXX

21 (b) Term of office ~ The president of the faculty and alumni associations
2 and the student regents or trustees shall sit in the board until expiration of their
23 term of office in such capacities.

24 The prominent citizens shall serve for a term of two (2) years, THE
25 TERMS OF OFFICE OF THE PRIVATE SECTOR REPRESENTATIVES
26 SHALL BE DEFINITE AND SHALL NEVER BE F ENDED FOR ANY

27 REASON. IF THE NEXT PRIVATE SECTOR REPRESENTATIVES ARE
28 NOT CHOSEN ON TIME, THEIR POSITIONS SHALL BE DECLARED
29 VACANT.

30 SECTION 2. Section 6 of Republic Act No. 8292, also known as the "Higher Education

31Modernization Act of 1997", is hereby amended to read as follows:

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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


1 SOURCED FROM THE INCOME OF THE SUC AFTER THE RESULT OF

2 EACH CYCLE UNITL SUCH TIME THAT THE EVALUATION FOR THE.
3 NEXT CYCLE WILL COMMENCE. THE DEPARTMENT OF BUDGET AND
4 MANAGEMENT SHALL BE MANDATED TO TAKE OVER THE

> FINANCIAL BURDEN AFTER THIS.

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

8 Section 17. [Repealing clause. — All laws, presidential decrees, executive

9 orders, letters of instruction and SUC charters contrary to or inconsistent with this
10 Act are hereby repealed or amended accordingly.] VOID RESOLUTIONS. ~ ANY
ul RESOLUTION PROMULGATED BY ANY SUC GOVERNING BOARD
12 SHALL BE DECLARED NULL AND VOID 4B INITIO IF IT IS
13 INCONSISTENT WITH EXISTING LAWS AND EXECUTIVE ISSUANCES.
14 SECTION 5. Separability clause. — If, for any reason, any part or provision of this Act or

15Republic Act No. 8292 is declared invalid or unconstitutional, the remaining parts or provisions
16not affected thereby shall remain in full force and effect

17 SECTION 6. Repealing Clause. — Any law, presidential decree or issuance, executive
I8order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
19with, the provisions of Republic Act No. 8292, as amended by this Act is hereby repealed,
20modified, or amended accordingly

21 SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

22publication in at least two (2) newspapers of general circulation