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ENTATIVES:

RECEIVED

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

: RESSTATON UNTT
Seventeenth Congress BILLS AND INDEX SERVICE

First Regular Session

House Bill No. 494

Introduced by HON. SITTI DJALIA A. TURABIN-HATAMAN of Anak
Mindanao (AMIN) Party-

EXPLANATORY NOTE

AN ACT AMENDING SECTION 3 OF REPUBLIC ACT NO, 8292 OTHERWISE
KNOWN AS “THE HIGHER EDUCATION MODERNIZATION ACT OF 1997.”

Section 17, Article 14, of the 1987 Constitution of the Philippines mandates the
state to give voice to Indigenous people and other cultural communities like
Muslims on the formulation of national policies on education. Thus, the
Constitution states:

Section 17, The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.

On June 6, 1987, Republic Act. No, 8292 was passed and approved by Congress
The purpose of the law is to separate politics from education sector, particularly,
the Commission on Higher Education. One of the notable features of this Act is
the removal from the President of the Philippines the authority to appoint the
President of State universities and state colleges (SUCs). This authority to vote is
now lodged with the board of Regents (for State University) and Board of
Trustees (for State College).



Through, the years from 1997 to present this had been the system in the selection
of Presidents of State Universities and State Colleges. However, we observed that
our Muslim Sector and Indigenous Peoples are not equally represented or no
representation at all. If there are, they represent not the Muslim/IP Sector but to
represent their constituents, such as alumni president, faculty president and
president of the Student Council. This absence of representation runs counter to
the mandate of the above-stated provision of the Constitution which mandates
for inclusive education in all levels of education.

In this section, a Private Sector Representative is to be selected following a
process. However, looking at the Rosters of these Boards you will not find a
single Muslim/IP Representative despite the substantial presence of Muslims
and Indigenous people in the area, This is alarming considering, that there must
be equal representation in governing boards of State Universities and Colleges
by Muslims and IPs, This is in consonance to inclusivity and affirmative action
on the part of the government and in consonance with the mandate of the
Constitution to implement inclusive education.

An inclusive education is one where all the State University and College must
provide all students with access to high-quality education that is free from
discrimination based on gender, language, sexual orientation, pregnancy,
culture, ethnicity, religion, health or disability, socioeconomic background or
geographic location. This can be achieved through providing opportunities for
the Indigenous and Muslim People substantial participation in decision-makign
process of the governing boards with the end that they may be able to enrich,
protect and promote their way of life and culture in those places where there is a
hage cultural communities.

Thus, this bill if passed into law will ensure that in those areas where there is a
substantial number of Muslims and IPs, there will be a slot to for representation
in the governing boards so that the decision-making, process becomes more
consultative, inclusive and accountable to the people. Accordingly, the passage
of this bill is highly sought

HON. SITTI Sel sanciatAMAN



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

SEVENTEETH CONG
First Regular Session

House Bill No. 494

Introduced by HON. SITTI DJALIA A. TURABIN-HATAMAN (Anak Mindanao
(AMIN) Party-List)

AN ACT AMENDING SECTION 3 OF REPUBLIC ACT NO, 8292 OTHERWISE.
KNOWN AS “THE HIGHER EDUCATION MODERNIZATION ACT OF 1997”
AND OTHER PURPOSES

SECTION 3. THE GOVERNING BOARDS: MANNER OF APPOINTMENT:

4.) Composition ~ The governing body of state universities and colleges is hereby in the
Board of Regents for Universities and in the Board of trustees for colleges which shall be
composed of the following:

(vi)

(vii)
(viii)


(es)

(x) A representative from the public sector specifically to represent the Muslim/IPs

(xi) A Commissioner from the National Commission on Muslim Filipinos (NCMF)
automatically sits in all these Governing Boards where Muslim students population
is obviously significant.

(xii) A Commissioner of the Commission on Indigenous Peoples (NCIP)
automatically sits in these all Governing Boards of State Colleges and Universities
where a significant number of IP students.

x x x x x x x

Approved,