HIGHER EDUCATION MODERNIZATION ACT OF 1997

Case Overview and Summary

Summary of Republic Act No. 8292 (Higher Education Modernization Act of 1997):

Declaration of Policy (Section 2):
- Establish, maintain, and support a complete, adequate, and integrated system of education relevant to societal needs.
- Modify the composition of governing boards of chartered state universities and colleges to:
  • Achieve a more coordinated and integrated higher education system.
  • Render them more effective in policy formulation and implementation.
  • Provide more relevant direction in governance.
  • Ensure academic freedom as guaranteed by the Constitution.

Governing Boards (Section 3):
- Composition:
  • Chairman: Chairman of the Commission on Higher Education (CHED).
  • Vice Chairman: President of the university or college.
  • Other members: Chairmen of Congressional Committees on Education and Culture, NEDA Regional Director, DOST/DA Regional Director or Secretary of Education for Autonomous Region, President of faculty association, President of student council or elected student representative, President of alumni association, two prominent citizens.
- Term of office:
  • Faculty, alumni, and student representatives: Until expiration of their term.
  • Prominent citizens: Two (2) years.
- Meetings and quorum:
  • At least once every quarter, with majority constituting a quorum.
  • Members serve without compensation but reimbursed for necessary expenses.

Powers and Duties of Governing Boards (Section 4):
- Enact rules and regulations not contrary to law.
- Receive and appropriate funds for the university or college.
- Receive and administer legacies, gifts, and donations.
- Fix tuition fees and other charges after consultations.
- Adopt and implement a socialized tuition scheme.
- Authorize construction, repair, and purchases (exempt from taxes and duties).
- Appoint officials and employees, fix salaries, grant leaves, and remove for cause.
- Approve curricula, programs, and rules of discipline.
- Set admission and graduation policies.
- Award honorary degrees and certificates.
- Absorb non-chartered tertiary institutions and offer programs.
- Establish research and extension centers.
- Establish chairs, fellowships, and scholarships.
- Delegate powers and duties to the president and officials.
- Authorize external management audits and institute reforms.
- Collaborate with other governing boards for restructuring.
- Enter into joint ventures with business and industry.
- Develop consortia and linkages with local and foreign institutions.
- Adopt modern and innovative modes of knowledge transmission.
- Establish policy guidelines for participative decision-making and transparency.
- Privatize management and non-academic services where advantageous.
- Extend the term of an outstanding president beyond retirement age but not later than 70 years old.

Administration (Section 6):
- Vested in the president, who shall render full-time service.
- Appointed by the Board of Regents/Trustees upon recommendation of a search committee.
- Term of four (4) years, eligible for reappointment for another term.
- Assisted by a vice president for academic affairs.

Secretary and Treasurer (Sections 7 and 8):
- Secretary appointed by the Board to keep records and proceedings.
- Treasurer of the Philippines as ex-officio treasurer of the university or college.

Administrative and Academic Councils (Sections 9 and 10):
- Administrative Council reviews and recommends policies on administration, management, and development planning.
- Academic Council reviews and recommends curricular offerings, rules of discipline, admission requirements, and graduation requirements.

Academic Freedom and Admission (Sections 11 and 12):
- Institutions of higher learning shall enjoy academic freedom and institutional autonomy.
- No student shall be denied admission based on sex, nationality, religion, political affiliation, or physical disability.

Exclusions (Section 13):
- The Act does not affect the charter of the University of the Philippines System, except for the chairmanship of the Board.
- The Act does not affect the charter of the Mindanao State University, except for the chairmanship of the Board and the membership of the Chairmen of the Congressional Committees on Education and Culture.

Reporting and Implementation (Sections 14 and 15):
- The president shall file a detailed report on the progress, conditions, and needs of the university or college within 15 days after the opening of regular classes each year.
- The Chairman of the CHED is directed to take steps for immediate implementation of the Act.

Separability and Repealing Clauses (Sections 16 and 17):
- If any part of the Act is declared invalid or unconstitutional, the remaining parts shall remain in full force and effect.
- All laws, presidential decrees, executive orders, letters of instruction, and SUC charters contrary to or inconsistent with the Act are repealed or amended accordingly.

Effectivity (Section 18):
- The Act shall take effect upon its approval on June 6, 1997.