FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. 1058 
Introduced by Senator Villar 
EXPLANATORY NOTE 
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Section 1, Article XIV of the Philippine Constitution provides for the right of all 
citizens to 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 respective sangunians, 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 the local 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 LCUs, 
the qualifications of the administering authority) 
has taken a toll on the delivery of 
quality education to the constituents it serve. 
The attached bill recognizes the need to rationalize the creation of LCUs to bring 
about an upgrade in the delivery of quality and accessible higher education of these 
institutions of higher learning. 
It is therefore recommended that the foregoing bill be approved. 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. 1058 
Introduced by Senator Villar 
AN ACT 
PROVIDING GUIDELINES FOR THE ESTABLISHMENT AND OPERATION OF 
LOCAL COLLEGES AND UNIVERSITIES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives in Congress of the 
Philippines 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. 
(b) 
"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. 
(c) 
"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 
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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 da/ubhasaan shall be its Board of Trustees (BOT) while 
the governing board of a university or pamantasan shall 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; 
(b) 
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) 
Two (2) representatives from the private sector who has distinguished 
him/herself in his/her profession or field of specialization, as member; 
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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 boards shall 
promulgate policies in accordance with the declared state policies on higher education 
as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722 
and other pertinent laws. 
SECTION 9. Administratioh 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 Governing Board 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 eamed 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 a LCU, in addition to those specifically 
provided in this Act, shall be those' usually pertaining to the Office of the President of 
other colleges, 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 conformity 
to existing civil service laws, rules and regulations. 
SECTION 10. 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. 
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SECTION 
11. 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 12. Implementing Rules and Regulations. - The Commission on 
Higher Education shall promulgate the implementing rules and regulations as may be 
necessary to carry out the provision::; of this Act. 
SECTION 13. 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 14. Repealing Clause. - 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 15. 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, 
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