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FOURTEENTH CONGRESS OF THE REPUBLICFirst Regular SessionOF THE PHILIPPINES

S E N A T E

Introduced by Senator Villar

EXPLANATORY NOTE

Section 1 , Article XIV of the Philippine Constitution provides for the right of all citizensto quality education at all levels and that appropriate steps should be taken by the government tomake such education accessible to all.Giving due importance to the said constitutional mandate, a number of our localgovernment units have taken the initiative to make higher education accessible to theirconstituents by establishing, through ordinances of their respective sunguniuns, local collegesand universities (LCUs) within their territorial jurisdiction under the provisions of the LocalGovernment Code of 1991 or Republic Act 7160. While the reasons behind the establishmentof these LCUs on the part of the local government units are commendable, it has been observedthat 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 takena 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 aboutan upgrade in the delivery of quality and accessible higher education of these institutions ofhigher learning.It is therefore recommended that the foregoing bill be approved.

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. .Of+-( :i: -1 1 :>:LhErARvFOURTEENTH CONG RESS OF TH E REPUBLICFirst Regular Session , 8Ku - r ; 1 l!iF TH E PHILIPPINES

Introduced by Senator Villar

AN ACTPROVIDING GUIDELINES FOR TH E ESTABLISHMENT AND OPERATION O FLOCAL COLLEGES AND UNIVERSITIES AND FOR OT HER PU RPO SES

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

SECTION 1. Declaration of Policy. - t is the policy of the State to protectand promote the right of all citizens to quality education at all levels and totake appropriate steps to make education accessible to all. In doing so, theState shall establish, maintain and support a complete, adequate andintegrated system of education relevant to the needs of the people and societyand th at it shall take into account regional an d sectoral needs an d conditionsand shall encourage local planning in the development of educational policiesand programs.

SEC. 2. Definition of Terms. - A s used in this Act, the termsenumerated herein shall have the following meaning:

(a)Local College or University or LCU refers to a public highereducation ins titution established by a local government unit throughan enabling ordinance, and financially supported by the concernedlocal government unit . In Filipino, an LCU is referred to asDalubhasaan or college and Pamantasan or university.

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(b) Ordinance refers to the enabling act of the Sangguniang Bayan,Panglunsod or Panlalawigan that creates a particular local college oruniversity and serves as the charte r of the said local college oruniversity.

(c) Degree Program refers to a collection of all courses in a discipline ora field of s tudy leading to an undergraduate or graduate degree, andmay 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 tha t created or established the local college or university.( f ) College or Dalubhasaan is an institu tion of higher learning offering

academic programs and usually pre-professional training leading to abachelors degree.

(g) University or Pamantasan is an institution made up of a nundergraduate division that offers bachelors degree and a graduatedivision that comprises a graduate school and professional schoolseach of which may confer Masters degrees and doctorates. It is anentire socio-physical infrastructure comprised of Schools, Collegesand Institutes offering degree programs in various disciplines andlevels.

SEC. 3. Coverage. - The provisions of th is Act shall apply to:(a) New higher education institutions to be established by local

government units by virtue of a local ordinance;Higher Education institutions established and operated by localgovernment units offering non-degree programs but wouldeventually offer degree programs;

(b)

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(4(d)

Local colleges proposing elevation to university status; andExisting local colleges or universities which have not met thestandards prescribed in th is Act.

SEC. 4. Establishment of Higher Education Institutions b y LGUs. - AllLCUs shall be established and /or operated through a n Ordinance duly enactedfor that purpose by the Sanggunian concerned. Provided, that before theenactment of said Ordinance, an LGU establishing a higher educationinstitution shall consult and coordinate with the Commission on HigherEducation (CHED) to ensure observance of the necessary requirements for theestablishment an d subsequent effective operation of a college.

SEC. 5. Use of College or University.- A local higher educationinstitution established by a local government unit shall be known as aCollege. A local college may subsequently apply for elevation to a universityprovided it has complied with the standards and guidelines for the grant ofuniversity status pursuant to the pertinent CHED rules and regulations andthat it has followed the appropriate process of accreditation conducted by areliable accreditation body which found the college prepared to be elevated intoa university.

Local educational institutions offering only non-degree programs shallnot use College or University in its name unless they would eventually offerdegree programs and have complied with the requisites provided for theestablishment of a College or the grant of university status under the CHEDrules and regulations.

SEC. 6. Funding of LCUs. - There shall be a provision for the regularannual appropriation from the local government unit to support and sustainthe operation of the LCU.

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SEC. 7. Governing Board of a Local College or University. - The governingboard of a college or dalubhasaan shall be its Board of Trustees (BOT) whilethe governing board of a university or panantasan shall be its Board ofRegents. The governing boards of a local college or university shall becomposed of the following:

Local Chief Executive as Chairman;President of the LCU as Vice-chairman;President of the duly recognized faculty association of the LCU as

member;President of the duly recognized stu dent council of the LCU asmember;President of the alumni association as member;Chairman of the Sangguniang Committee on education asmember;Regional Director of CHED as member;Two (2) representatives from the private sector who hasdistinguished him/ herself in his / her profession or field ofspecialization, as member;

The two (2) representatives from the private sector shall be appointed bythe Local Chief Executive and shall each serve for a term of two years from thedate of their respective appointments.

The terms of office of the President of the faculty association, thePresident of the s tudent council, and the President of the a lumni associationshall be coterminous with their respective terms of office pu rsua nt to theirrespective constitutions and by-laws.

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The salary of the President of the LCU shall be set by the Board, takinginto consideration the applicable civil service rules and regulations andensuring that the same shall be comparable to that being received by thePres idents of similar educational institutions.

The vice-presidents, deans, directors, heads of departments, faculty, non-teaching personnel and such other officials and employees for the effectiveoperation of the LCU shall be appointed by the Board, taking into considerationthe recommendation of the President. The appointm ents of these LCU officialsand employees shall be conformity to existing civil service laws, rules andregulations.

SEC. 10. Search Committeefor President of an LCU. - Six (6)months beforethe expiration of the term of office of the incumbent President, the GoverningBoard shall appoint a Search Committee for President. The Search Committeefor President of the LCU shall have five (5)members to be appointed by theGoverning Board. The composition of the search committee should include arepresentative from the local government unit concerned, the academe, theAssociation of Local Colleges and Universities (ALCU), the faculty and thebusiness sector. They shall elect a Chairman and Vice-chairman from amongthemselves.

SEC. 11. Grant of University Status. - The proposal for elevation toUniversity sta tus shall be submitted to the Office of Programs and Standards,CHED Central Office, through the CHED Regional Office for review. Only theCommission en banc may grant the University status upon compliance withthe requirements.

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SEC. 12. Implementing Rules and Regulations. - The Commission onHigher Education, in coordination with relevant sectors, shall promulgate theimplementing rules and regulations as may be necessary to carry out theprovisions of th is Act.

SEC. 13. Separability Clause. - If an y provision of this Act shall be heldunconstitutional or invalid, the remaining provisions which are not affectedthereby shall continue to be full force and effect.

SEC. 14. Repealing Clause. - All laws, decrees, executive orders, rulesand regulations, and other issuances, or parts thereof, contrary to orinconsistent with this Act are hereby modified, amended or repealedaccordingly.

SEC. 15. Effectivity. -This Act shall take effect fifteen (15)days after itspublication in the Official Gazette or in at least two (2) newspapers of generalcirculation.

APPROVED

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