NINETEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
Second Regular Session 
j
SENATE
s.B. No. 2445
of tl)e
23 SEP 19 A10:39
RECEIVED BY:
Introduced by SENATOR WIN GATCHALIAN
AN ACT
PRESCRIBING MANDATORY GUIDELINES ON THE 
ESTABLISHMENT AND OPERATION OF LOCAL UNIVERSITIES AND 
COLLEGES AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In the past six years, there has been a growing demand for higher 
education in the country. This can be seen in the consistent increase in national 
higher education participation rates1 from 26.36% in Academic Year (AY) 2017- 
2018 to 40.71% in AY 2021-2022. The surge in the national rate of higher 
education participation has led to a substantial rise in the number of local 
universities and colleges (LUCs) across the country. In 2018, there were only 107 
LUCs in the country. By 2023, this number has increased to 143, marking an 
almost 34% growth rate in a span of five years.2
The increase in the number of LUCs has addressed the growing demand 
for college education by establishing more local institutions of higher learning.
1 Defined by the CHED as the ratio or percentage of college-age population (15 to 24) enrolled 
in baccalaureate programs in a given year.
2 CHED data (2022).
1


However, concerns have been raised regarding governance, sustainability, and 
quality standards in these institutions. The Philippine Institute for Development 
Studies (PIDS) has found that the leadership in LUCs is weakened by the three- 
year election cycle, leading to policy discontinuity, insufficient resource 
management, and ineffective investment strategies.3 This observation aligns with 
a previous study by the De La Salle University which identifies raising research 
capability, increasing faculty capacity, providing adequate infrastructure, and 
implementing proper evaluation mechanisms as key challenges to improving the 
quality of education offered by LUCs.4
Recent data5 from the Commission on Higher Education (CHED) shows 
that nearly 3 in every 10 LUCs operate without institutional recognition. This 
corresponds to 41 out of the 143 LUCs that are not officially recognized by the 
State.6 Another concerning statistic reveals that out of the 102 LUCs with 
institutional recognition, 35 institutions still lack 100% program compliance. 
Program compliance entails that the undergraduate or graduate programs offered 
by an LUC fully adhere to CHED policies, standards and guidelines.7
LUCs serve as social institutions that align individuals with society's goals, 
including ideas, values, behavior patterns, attitudes, and skills. They are also 
regarded as “principal instruments for rural reconstruction”, akin to community
3 Bayudan-Dacuycuy, C.G., et al., (2023). PIDS: The quest for quality and equity in the 
Philippine higher education: Where to from here?
See: https: / /pidswebs.pids.gov.ph/ CDN/document/pidspn2312.pdf
4 Montemar, L., et al., (2014). DLSU-Jesse Robredo Institute of Governance: Access, Quality 
and Governance in Higher Education, Local Colleges and Universities in the Philippines. See: 
https://www.researchgate.net/profile/Redento-
Recio / publication / 320685174_Access_quality_and_governance_in_higher_education_Local_ 
colleges_and_universities_LUCs_in_the_Philippines/links/63d9c3f462d2a24f92e2a23c/Acc 
ess-quality-and-governance-in-higher-education-Local-colleges-and-universities-LUCs-in- 
the-Philippines.pdf
5 CHED data (2023).
6 Under CHED Memorandum No. 18, series of 2022, institutional recognition is the process 
through which newly established or existing LUCs are granted recognition by the CHED after 
fulfilling their requirements.
See: https://ched.gov.ph/wp-content/uploads/CMO-No.-18-S.-2022.pdf.
7 Id.


colleges. They function as catalysts for change, shaping the labor force’s 
development by enhancing skills and their distribution in the community.9 
Consequently, ensuring access to LUCs, prioritizing their governance, and 
maintaining high-quality education programs should be of utmost 
importance.
This proposed measure prescribes mandatory guidelines on the 
establishment of LUCs and requires a local government unit (LGU) to obtain 
institutional recognition from the CHED as a higher education institution 
prior to the enactment of an ordinance creating the same. Compliance with 
this requirement ensures that the LUC meets the minimum standards for 
quality education.
The measure likewise aims to enhance the capacity and quality 
standards of LUCs through these other key provisions:
a. Establishment requirements for LUCs, such as a feasibility study 
covering the need for a local higher education institution, industry 
requirements, proposed programs, and the LGU’s financial 
capacity. CHED approval is also required prior to offering higher 
academic programs;
b. CHED’s authority to conduct monitoring and evaluation of LUCs and 
issue academic policies that take into consideration the peculiar 
needs and distinct features of LUCs, among others;
c. Clear delineation of the powers and duties of the Board of Regents, 
including policy formulation, academic development, and responsive 
curriculum design; and
9 Dayrit, N. (2005). The Local Government Units’ Venture into the Philippine Educational 
System: The Establishment of Local Colleges and Universities.” Paper presented during the 
Network of Asia-Pacific Schools and Institutes of Public Administration and Governance 
(NAPSIPAG) Annual Conference 2005. See: https://www.napsipag.org/pdf/Dayrit.pdf


d. Appointment of a qualified and experienced LUC President, 
responsible for its overall administration on a full-time basis.
This proposed measure is a vital step in ensuring that LUCs provide quality 
education and contribute to the development of their communities while 
upholding the standards of governance and accountability^hus, the passage of 
this bill is earnestly sought.
ATCHALIAN


NINETEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
Second Regular Session 
j
SENATE
S.B. No. 2445
firp of the • et.!-7
23 SEP 19 AlO :39
RECEIVED BV;
Introduced by SENATOR WIN GATCHALIAN
AN ACT
PRESCRIBING MANDATORY GUIDELINES ON THE 
ESTABLISHMENT AND OPERATION OF LOCAL UNIVERSITIES AND 
COLLEGES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the “Local
2 
Universities and Colleges (LUCs) Governance Act.”
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Sec. 2. Declaration of Policy and Objectives. - It is the policy of the State
5 
to protect and promote the right of all citizens to quality education and to
6 
take appropriate steps to make education accessible to all. It shall establish,
7 
maintain, and support a complete, adequate, and integrated system of
8 
education relevant to the needs of the people and society.
9 
Towards this end, the mandatory guidelines on the establishment and
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operation of Local Universities and Colleges (LUCs) are prescribed to achieve
11 
a standardized and integrated system of higher education, and provide a
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relevant direction for their governance to ensure continuous enhancement of
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educational standards in LUCs that are on par with both local and
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international practices.
Sec. 3. Definition of Terms. - As used in this Act, the following shall be 
defined as follows:
a. Institutional Recognition (IR) refers to a process by which the 
Commission on Higher Education (CHED) grants recognition to an 
educational institution as a higher education institution (HEI) that 
meets the minimum standards for quality education.
b. Local Government Units (LGUs) refer to the municipalities, cities or 
provinces that established the LUC.
c. LUC as defined in Republic Act (R.A.) No. 10931, otherwise known 
as the “Universal Access to Quality Tertiary Education Act”, refers to 
a CHED-accredited public HEI established by LGUs through an 
enabling ordinance, financially supported by the LGU concerned, 
and compliant with the policies, standards, and guidelines of the 
CHED.
d. Ordinance refers to the enabling act of the Sangguniang Bay an, 
Panlungsod, or Panlalawigan that established a particular LUC.
e. Sanggunian refers to the local legislative body which includes 
Sangguniang Bay an for municipalities, Sangguniang Panlungsod for 
cities, and Sangguniang Panlalawigan for provinces.
Sec. 4. Coverage. - The provisions of this Act shall apply to the following:
a. HEIs to be established and operated by LGUs for the purpose of 
offering higher academic programs;
b. Educational institutions established and operated by LGUs offering 
non-degree programs, but would later offer higher academic 
programs; and
c. Existing LUCs.


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Sec. 5. Establishment of Local Universities and Colleges. - All LUCs
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covered under sub-paragraph (a) of Section 4 of this Act shall be established
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through an ordinance duly enacted for that purpose by the Sanggunian
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concerned; Provided, That prior to the enactment of the same, the LGU
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establishing an LUC shall obtain the grant of IR as an HEI with the CHED,
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through the Regional Office having jurisdiction of the place where the
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institution is intended to be established, to ensure full compliance with the
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mandatory requirements under Section 6 of this Act.
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Sec. 6. Mandatory Requirements for the Institutional Recognition of Local
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Universities and Colleges. - In order for LUCs to be institutionally recognized
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as HEIs, the CHED shall strictly require all such LUCs to submit the
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following requirements for review and approval:
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a. A feasibility study that shall include but not limited to the following
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discussions:
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1) the necessity for a local HEI in the area;
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2) human resource requirements of the industry to determine
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proposed program offerings;
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3) target program offerings; and
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4) financial capacity of the LGU to establish and sustain the
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operation of the LUC.
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b. Certification of availability of funds by the treasurer of the LGU
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concerned, as provided under the pertinent provisions of R.A. No.
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7160, otherwise known as the “Local Government Code of 1991”.
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c. A project development plan to show that the LGU has allocated a
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school site with appropriate size and location pursuant to the
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applicable provisions of Presidential Decree No. 1096, s. 1977,
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otherwise known as the “National Building Code of the Philippines”,
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blueprint of architectual design for its buildings and other physical
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facilities, and provisions for acquisition of instructional materials


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and equipment that comply with CHED Memorandum Orders
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pertinent to the program offered.
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d. A five-year institutional development plan duly approved by the
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Sanggunian which shall include but not limited to the following: 1)
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annual budgetary allocation; 2) organizational structure and
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composition of the Board of Regents (Board); and 3) plantilla of
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positions duly approved by the Civil Service Commission (CSC).
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Sec. 7. Prior Approval of the Commission on Higher Education for the
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Offering of Academic Programs. - A duly established HEl and other
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educational institutions covered under Section 4 (b) of this Act shall secure
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approval from the CHED prior to the offering of higher academic programs.
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The Chairperson of the Board, or its President when so authorized by the
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Board, shall file with the CHED an application to offer a higher academic
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program. The application shall be supported with documents indicating
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compliance with the policies, standards, and guidelines relative to such
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academic program.
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Sec. 8. Benefits and Incentives. - All LUCs established in accordance
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with the provisions of Sections 5 and 6 of this Act shall be eligible to avail of
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the benefits provided under R.A. No. 10931.
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They shall likewise be eligible to apply for any grant or subsidy provided
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by the CHED, subject to its existing requirements and guidelines. They shall
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also be eligible to avail of support provided by the CHED for the development
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of their human resources through appropriate scholarships for post-graduate
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studies, continuing professional development programs, and other capacity-
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building activities that ensure the delivery of quality education.
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LUCs shall be listed in the registry of Philippine HEIs, which will assist
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and facilitate the mobility of students and faculty to another country for
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purposes of study, research, teaching, or work.


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Sec. 9. Monitoring and Evaluation of Local Universities and Colleges by
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the Commission on Higher Education; Technical Assistance; Feedback
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Mechanism. - Pursuant to the provisions of R.A. No. 7722, otherwise known
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as the “Higher Education Act of 1994”, the CHED shall monitor and evaluate
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the performance of LUCs and their academic programs, subject to the
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provisions of R.A. No. 11713, otherwise known as the “Excellence in Teacher
7 
Education Act”. It shall continue to provide technical assistance to and
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develop appropriate feedback mechanisms for the LUCs through its regional
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offices for their continuing growth and development.
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The CHED shall, in the issuance of academic policies affecting LUCs,
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ensure quality assurance while taking into account the different
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characteristics, peculiar needs, distinct features, organizational set-up, and
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operations of LUCs, among others.
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Sec. 10. The Board of Regents of Local Universities and Colleges; Terms
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of Office. - The Board of LUCs shall have the following composition:
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a. Local Chief Executive, as Chairperson;
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b. President of the LUC, as Vice-Chairperson;
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c. President of the duly recognized faculty association of the LUC, as
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member;
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d. President of the duly recognized student council of the LUC, as
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member;
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e. Chairperson of the Committee on Education of the Sangguniang
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Bayan, Panlungsod, or Panlalawigan, as member;
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f. A representative from the CHED with a rank not lower than Director
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as member; and
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g. Three (3) representatives from the academe or the business sector
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as members, who are of known probity and distinction in their
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respective fields of expertise in the municipality, city, or province
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where the LUC is located. The three (3) representatives from the
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academe or the business sector shall be appointed by the Local Chief 
Executive, and serve in coterminous with his or her term of office, 
unless earlier terminated.
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Sec. 11. Meetings; Quorum; Compensation. - The Board shall regularly
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convene at least once a month. The Chairperson of the Board may call for a
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special meeting whenever necessary: Proinded, That members are notified in
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writing at least three (3) days prior to the said special meeting.
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A majority of all the members of the Board holding office at the time of
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its regular or special meeting shall constitute a quorum: Provided, That the
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Local Chief Executive who is the chairperson of the Board or the President
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who is the vice-chairperson is among those present in the meeting.
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The members shall serve without compensation, but they shall be
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reimbursed for necessary expenses incurred in their attendance to meetings
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of the Board or in connection with their official business, as may be authorized
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by resolutions of the Board.
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Sec. 12. Powers and Duties of the Board. - The Board is the highest
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policy-making body of the LUC. As such, it shall have the following specific
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powers and duties in addition to its general powers of administration and
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powers granted to the board of directors of a corporation under R.A. No.
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11232, otherwise known as the “Revised Corporation Code of the Philippines”:
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a. Promulgate policies in accordance with the declared state policies on
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higher education as well as the policies, standards, and guidelines
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of the CHED under R.A. No. 7722 and other pertinent laws;
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b. Promulgate rules and regulations consistent with existing laws,
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rules, and regulations as may be necessary to carry out the purposes
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and functions of the LUC;


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c. Receive assistance from the LGU to augment the internal sources of 
funds, as may be provided, to carry out the purposes and functions 
of the LUC;
d. Fix the tuition fees and other necessary school charges, such as but 
not limited to matriculation fees, graduation fees, and laboratory 
fees, as their respective boards may deem proper to impose after due 
consultations with the involved sectors;
e. Appoint the President upon the recommendation of the Search 
Committee based on the selection procedure as provided in Section 
14 of this Act;
f. Confirm the appointments of other school officials, teaching, and 
non-teaching personnel appointed by the President;
g. Determine and approve curricular programs and program offerings 
in response to the needs and demands of the community provided 
that these should comply with the policies, standards, and 
guidelines set by the CHED;
h. Promulgate policies on admission, retention, and graduation of 
students and to award degrees, titles, diplomas, and certificates;
i. Award honorary degrees upon persons in recognition of outstanding 
contributions in the field of education, public service, arts, science, 
and technology or any field of specialization within the academic 
competence of the LUC, subject to the existing CHED guidelines, and 
authorize the award of certificates of completion of non-degree and 
nontraditional courses, subject to existing CHED policies and 
guidelines;
j. Institutionalize and strengthen research and extension programs;
k. Establish professorial chairs in the LUC and provide fellowships for 
qualified faculty and scholarships to deserving students;


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1. Develop and approve consortia and other forms of linkages
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with LGUs, institutions and agencies, both public and
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private, local and foreign, in furtherance of the purposes and
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objectives of the LUC, including its internationalization initiatives;
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m. Develop and approve academic arrangements for the capacity
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building of the institution, with appropriate institutions and
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agencies, public or private, local or foreign, and appoint experts or
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specialists as consultants, visiting or exchange professors, scholars,
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and researchers, as the case may be, consistent with the provisions
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of R.A. No. 11448, otherwise known as the “Transnational Higher
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Education Act”, and other guidelines of the CHED relative to such
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academic arrangements;
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n. Set up the adoption of modern and innovative modes of transmitting
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knowledge through different teaching and learning modalities,
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subject to CHED requirements;
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o. Ensure the efficient management of non-academic services such as
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medical and dental, guidance and counseling, career and job
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placement, canteen, buildings, grounds and property maintenance,
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and similar services;
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p. Submit to the Local Chief Executive or to the Sangguniang Bay an,
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Panlungsod, or Panlalawigan an annual detailed report, setting forth
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the status, progress, needs, and goals of the LUC; and
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q. Delegate any of its powers and duties provided for herein to the
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President or other officials of the LUC as it may deem appropriate to
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expedite the administration of the affairs of the LUC.
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Sec. 13. The President as Administrator of the Local University or College;
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Other Officials and Employees. - The administration of the LUC shall be vested


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in the President who shall render full-time service to implement the policies
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promulgated by the Board.
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The President shall hold a doctoral degree in education, administration,
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or other related fields, with at least three (3) years of relevant administrative
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experience, without prejudice to the provision of additional qualifications to
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be set by the Board.
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The President shall serve a term of three (3) years, subject to
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reappointment for not more than two (2) terms. In case of vacancy by reason
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of death, compulsory retirement, resignation, removal for cause, or
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permanent incapacity of the President to perform the functions of his or her
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office, the Board shall have the authority to designate an Officer-in-Charge
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who shall serve no longer than the unexpired term.
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The powers and duties of the President, in addition to those specifically
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provided in this Act, shall be those usually pertaining to the Office of the
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President of other colleges and universities, and those delegated by the Board.
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The salary of the President shall be set by the Board, taking into
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consideration the applicable rules and regulations of the CSC and the
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Department of Budget and Management and ensuring that the same shall be
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comparable to that being received by the presidents of similar educational
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institutions.
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The vice-presidents, deans, directors, heads of departments, faculty,
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non-teaching personnel, and such other officials and employees of the LUC
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shall be appointed by the President, subject to the confirmation of the Board.
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The appointment, as well as removal for cause, of these LUC officials and
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employees shall conform to existing civil service laws, rules and regulations.
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Sec. 14. Search Committee. - In case of vacancy in the Office of the
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President brought about by any of the causes mentioned in the preceding
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section, the Board shall organize and convene a Search Committee for the
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selection of a new President.


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The Search Committee shall have three (3) members to be appointed by 
the Board and shall not come from the Board. It shall elect a Chairperson and 
ensure that the new President is selected within three (3) months from the 
time the position is vacated, or before the end of the unexpired term, 
whichever is earlier.
For a newly established LUC, the Mayor shall organize a Search 
Committee, composed of three (3) members, upon whose recommendation he 
shall appoint its first President.
Sec. 15. The Secretary of the Local University or College. - The Board 
shall appoint a Secretary who shall serve as such for both the Board and the 
LUC upon the recommendation of the President. The Secretary shall be the 
custodian of all official records of the LUC and shall communicate the notices 
of meetings to each member of the Board.
Sec. 16. Transitory Provision. - In the interest of efficient control and 
regulation by the CHED, all LUCs which are already existing at the time of 
the effectivity of this Act shall be allowed to continue their operations for a 
non-extendible period of three (3) years to comply with the requirements 
outlined in this Act. Non-compliance shall result in the phase-out of the 
programs being offered by the concerned LUCs.
Sec. 17. Penalties for Non-Compliance. - A person who violates any 
provision of this Act or the rules and regulations issued pursuant thereto shall 
be subject to an administrative fine of up to One million pesos (Php 
1,000,000), depending on the severity of the violation, as may be determined 
in the Implementing Rules and Regulations (IRR) of this Act.
Sec. 18. Implementing Rules and Regulations. - Within ninety (90) days 
from the effectivity of this Act, the CHED, in coordination with the Department 
of the Interior and Local Government, and other relevant agencies and sectors.
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shall issue the rules and regulations implementing its provisions. The IRR 
issued pursuant to this section shall take effect thirty (30) days after its 
publication in a newspaper of general circulation.
Sec. 19. Separability Clause. - If any provision of this Act is held invalid 
or unconstitutional, the other provisions not so declared shall remain in force 
and effect.
Sec. 20. Repealing Clause. - All laws, executive orders, presidential 
decrees, administrative orders, rules and regulations, issuances, or parts 
thereof contrary to or inconsistent with the provisions of this Act are hereby 
repealed or amended accordingly.
Sec. 21. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
11