Philippine Daily Inquirer 19 Jan 2023

[ IRR REPUBLIC ACT NO. 11695, September 13, 2022 ]

IMPLEMENTING RULES AND REGULATIONS IF REPUBLIC ACT NO. 11695 OTHERWISE KNOWN AS "AN ACT STRENGTHENING THE TARLAC STATE UNIVERSITY (TSU), PROVIDING FOR THE COMPOSITION AND POWERS OF ITS GOVERNING BOARD, PRESCRIBING ITS CURRICULAR OFFERINGS, AND APPROPRIATING FUNDS THEREFOR"



RULE I

GENERAL PROVISIONS

Section 1. Promulgation. Pursuant to Section 22 of the Republic Act (RA) No. 11695 otherwise known as "An Act Strengthening the Tarlac State University (TSU), Providing for the Composition and Powers of its Governing Board, Prescribing its Circular Offerings, and Appropriating Funds Therefor" the Governing Board, in consultation with the Commission on Higher Education (CHED), shall formulate the rules and regulations to fully implement the provisions of this Act.

Section 2. Title. These Implementing Rules and Regulations (IRR) shall be known as the "Implementing Rules and Regulations of Republic Act No. 11695."


RULE II

LEGAL BASES

Section 1. Governing Law. Republic Act No. 11695 which strengthens the TSU, providing for the composition and powers of its Governing Board and prescribing its curricular offerings.

Section 2. CHED Charter. Republic Act No. 7722, known as the "Higher Education Act of 1994," provides the framework for the governance of both public and private institutions of higher education as well as degree-granting programs in all post-secondary educational institutions.

Section 3. Higher Education Modernization Act of 1997. Republic Act No. 8292, known as "An Act Providing for the Uniform Composition and Powers of the Governing Boards, the Manner of Appointment and Term of Office of the President of Charted State Universities and Colleges, and for Other Purposes" grants the Governing Board the power to promulgate rules and regulations to carry out its purposes and functions of the university, CMO No.7, s. 2022 "The 2022 Revised Implementing Rules and Regulations (IRR) of RA 8292, Amending CHED Memorandum Order No. 03, s. 2001 and other Related Relevant Memoranda and Circulars."


RULE III

DEFINITION OF TERMS

Section 1. Definition of Terms. Whenever used in the IRR, the following words or phrases shall mean or refer, thus:

a. Act refers to Republic Act (RA) No. 11695 otherwise known as "An Act Strengthening the Tarlac State University (TSU), Providing for the Composition and Powers of its Governing Board, Prescribing its Curricular Offerings, and Appropriating Funds Therefor."

b. Auxiliary Services refers to all kinds of services performed or rendered by the SUCs other than academic such as hospital, cafeteria, janitorial, printing press, and other services and facilities that support the curricular offerings of the University.

c. Chairperson of the Board refers to the CHED Chairperson or to the CHED Commissioner, duly designated as Regular Chair and Presiding Officer of the Governing Board.

d. Co-Chair refers to the President of the Tarlac State University, duly designated as the regular Vice-Chair and presiding officer in the absence of the Chair.

e. Commission on Higher Education refers to the government agency which has the power of reasonable supervision and regulation over all higher education institutions (HEIs), public or private, in the Philippines.

f. Community Laboratory refers to a community adopted by an SUC as part of its extension program or outreach where research and civic activities are conducted by its students and faculty.

g. Distance Education is a mode of educational delivery, local or foreign, whereby the teacher and the learner are physically separated from each other, and instruction is delivered through appropriate communication technologies using specially designed materials and methods, supported by organizational and administrative arrangements and structures. 1

h. Dual Training System refers to a teaching-learning approach utilizing both the experiences gained by students inside and outside the classrooms, usually through industry immersion, sometimes called the in-school, off-school approach.

i. Extension campus refers to a campus established by the University in a municipality or city within the same province or region where the main campus is located, with no or limited administrative and support personnel. 2

j. Extension Class is a class normally offered by a recognized higher education institution in its main campus but is conducted in another location not otherwise specified in the permit or recognition issued by the commission for the operation of the programs. 3

k. Extension Center refers to an entity established within the SUC to mobilize knowledge and technology towards enhancing productivity, generating employment and reducing poverty including transfer and/or application of technology/knowledge that contribute to the attainment of the country's developmental goal. 4

l. External Campus refers to those campuses identified under Section 3, Rule V hereof and to those other campuses which may be established by law.

m. Federation refers to an organization of associations created and registered to pursue common goals beneficial to the interests of the constituent association and members thereof.

n. Federation of Alumni Associations refers to the federation of such alumni associations to include all levels of education (e.g. basic, secondary, tertiary and graduate programs).

o. Federation of Faculty Associations refers to such federation of faculty associations registered or accredited faculty federation of not less than ten percent (10%) of the faculty members of Tarlac State University duly registered or accredited by the Civil Service Commission-Personnel Relations Office (CSC-PRO) and Department of Labor and Employment - Bureau of labor Relations (DOLE-BLR) for their mutual aid protection.5

p. Flexible Learning is a pedagogical approach allowing flexibility of time, place and audience learning, but not solely focused on the use of technology. Although it commonly uses the delivery methods of distance education and facilities of education technology, this may vary depending on the levels of technology and the availability of devices, internet connectivity, level of digital literacy, and approaches.6

q. Governing Board (GB) refers to the highest policy-making body of SUCs. The highest policy-making body for a Chartered State University is the Board of Regents (BOR); for a State College, it is Board of Trustees (BOT).

r. Laboratory School refers to the basic education institution of Tarlac State University which caters early to early childhood, primary, junior and senior high school levels, and special education which operates under the supervision of the College of Teacher Education to be used for practice teaching and other activities related to the education degree program.

s. Information Technology refers to the use of technology in the dissemination of information and delivery methods of instruction and distance education.

t. Main Campus refers to the campus where the central or university-wide administration of an SUC conducts its business and where its President holds office permanently.

u. Non-Teaching refers to association of Non-Academic Staff of the Tarlac State University. The President of the association or their duly appointed representative will serve as their representative in the GB.

v. Open Distance Learning refers to the merger of the two (2) concepts, that of open learning and distance education. It is a system which combines the methodology of distance education to philosophy of open and flexible learning.7

w. Open Learning refers to a philosophy of student-centered learning adopting a great amount of flexibility in the learning process, thus enabling them to learn st the time, place, and pace which satisfies their circumstances and requirements.

x. Private Sector Representative (PSR) refers to a GB member who is a prominent citizen from the Province of Tarlac representing the private sector, distinguished in his or her profession or field of specialization aligned to the mandate of the SUC, and possesses none of the disqualifications under this IRR.

y. Research Center refers to an entity established within the SUC to engage in research and development based on its legal mandate, with formal structure relevant rules and regulations.

z. Special Trust Fund refers to the total amount collected or charged from the students for tuition and other fees for a specific purpose, subject to the provisions of Republic Act No. 10931, otherwise known as the "Universal Access to Quality Tertiary Education Act" including the collection and receipts from sources other than payment of tuition fees, held in trust by the college or university.8

aa. State Universities and Colleges (SUCs) refer to public HEIs in the Philippines established by law with independent and separate Governing Boards.

bb. Technical Education and Skills Development Authority (TESDA) courses refers to technical-vocational courses as authorized by the TESDA.

cc. Tertiary Programs refer to the four- or - five-year degree programs in the undergraduate level and graduate programs such as master's and doctoral degrees offered by the University.

dd. TVET Programs are technical vocational education and training programs which may be embedded in a degree.

ee. University refers to Tarlac State University.


RULE IV

COVERAGE, APPLICATION AND CONSTRUCTION

Section 1. Coverage. This IRR shall apply to and cover all campuses of the University. It shall include all other campuses and research and extension centers that may be established.

Section 2. Application and Construction. The IRR provisions shall be applied to ensure that the vision, mission, objectives, goals, mandates, intents and purposes of the University are attained. The University shall dedicate itself to quality higher education and global competitiveness. Furthermore, the university shall strive to maintain academic freedom and institutional autonomy in accordance with existing laws, rules, regulations and established jurisprudence. Hence, any doubts that may arise in the interpretation and implementation of the provisions of this IRR shall be liberally constructed in favor of the University.

Concerning the welfare of the students, faculty members and non-teaching personnel, all doubts in the interpretation and implementation of this IRR shall be constructed in favor of students, faculty members and non-teaching personnel, subject to existing laws, rules and regulations.


RULE V

THE UNIVERSITY CAMPUSES

Section 1. The Main Campus. The main campus of the University refers to the campus where the central university-wide administration of TSU conducts its business and where it President and other officials hold office.

Section 2. The Extension Campuses. The extension campuses of the University shall be in TSU-Villa Lucinda Campus in Brgy. Binaunganan, TSU-San Isidro in Brgy. San Isidro, Tarlac City, Capas Extension Campus in Capas, Tarlac Concepcion Paz, Tarlac and all other campuses that may be established by the University in a municipality or city within the same province or region where the main campus is located, with no or limited administrative and support personnel.9

Section 3. Other Campuses. The University may establish such other campuses such as satellite, virtual or external as may be decided and approved by the Governing Board.


RULE VI

GENERAL MANDATE AND CURRICULAR OFFERINGS

Section 1. General Mandate.- The Tarlac State University, shall primarily provide advance instruction and professional training in literature, philosophy, science and technology and arts and other relevant fields of study. It shall also undertake research, extension and production services and provide progressive leadership in its areas of specialization.

Section 2. Curricular Offerings. - The Tarlac State University shall offer undergraduate, graduate, and post-graduate courses, within its competency and areas of specialization in the fields if science and technology, medicine and allied medical profession, law, business, arts and humanities, education, sports and human kinetics, and programs on public administration, public works, human services, social work, and other relevant fields of study, as the Governing Board, hereinafter referred to as the Board, may deem necessary for the accomplishment of its objectives, and those which respond to meet the human resource development needs of the Province of Tarlac and Region III.

The existing reasonably-sized laboratory school for early childhood, primary, junior and senior high school, and special education shall continue to operate under the supervision of the College of Education of the TSU to serve the in-campus requirements of its students.


RULE VII

THE GOVERNING BOARD

Section 1. The Governing Board.- The governing board of the University shall be the Board of Regents, hereinafter referred to as the Governing Board (GB) or Board, which shall be chaired and co-chaired by the Chairperson of the Commission on Higher Education (CHED) and the President of the University, respectively, with the following as members:

a. The Chairperson of the Committee on Higher, Technical and Vocational Education, Senate of the Philippines;

b. The Chairperson of the Committee on Higher and Technical Education of the House of Representatives;

c. The Regional Director of the National Economic and Development Authority (NEDA) Regional Office III;

d. The Regional Director of the Department of Science and Technology (DOST) Regional Office III;

e. The President of the Federation of Faculty Associations of the TSU;

f. The President of the Federation of Student Councils of the TSU;

g. The President of the Alumni Associations of the TSU;

h. Representative of the non-teaching personnel association of the TSU;

i. Two (2) prominent citizens from the private sector who have distinguished themselves in their profession or fields of specialization aligned to the mandate of the University and possesses none of the disqualifications under this IRR, chosen from among the list of at least five (5) persons qualified in the Province of Tarlac as recommended by the search committee constituted by the President of TSU, in consultation with the Chair and Member of the Governing Board, based on the standards and qualifications for the position set by the board.

The Board shall appoint the two (2) prominent citizens from among the list of at least five (5) qualified persons from the Province of Tarlac, as recommended by the search committee to be constituted by the University President, in consultation with the CHED Chairperson or the regular Chairperson of the GB and other members of the GB, based on the standards and qualifications for the position set by the GB. They shall serve for a term of two (2) years from the date of appointment.

The membership of the President of the federation of faculty associations, the President of the federation of student councils, The President of the federation of alumni associations, ad the Representative of the non-teaching personnel in the Board shall be coterminous with their terms of office, as provided under their respective constitutions and bylaws.

Section 2. Powers and Duties of the Board.- The Governing Board, in addition to its general powers if administration and the exercise of all the powers granted to the Board of Directors of a corporation under existing laws, shall have the following specific powers and duties:

a. To promulgate and implement policies in accordance with the declared state policies on education and other pertinent provisions of the Philippine Constitution on education, agriculture, science and technology, as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the Higher Education Act of 1994";

b. To approve the curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils herein provided;

c. To appoint or designate, upon recommendation of the President of the University, the vice president, deans, directors, heads of the campuses, faculty members and other officials and employees of the University;

d. To fix and adjust salaries of faculty members, administrative officials and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation law governing hours of service and such other duties and conditions as it may deem proper; to grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing laws to the contrary notwithstanding; and to remove them for cause in accordance with the requirements of due process of the law;

e. To fix the tuition fees and other necessary school charges, such as matriculation fees, graduation fees and laboratory fees, as the GB may deem proper to impose, after due consultation with concerned sectors. The fees and charges, including government subsidies and other income generated by the University, shall constitute a special trust fund, and shall be deposited in any authorized government depository bank, and all interests that shall accrue therefrom shall form part of the same funds for the use of the University.

Any provision of existing laws, rules or regulations to the contrary notwithstanding, any income generated by the University from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the University, and may be disbursed by the Governing Board for instruction, research, extension or other programs/projects of the University: Provided, That all fiduciary fees shall be disbursed for the specific purposes for which these are collected. If, for reasons beyond its control, the University shall not be able to pursue any project for which the funds have been appropriated and allocated under its approved program of expenditures, the GB may authorize the use of said funds for any reasonable purpose which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the University;

f. To adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with Republic Act No. 10931, or the "Universal Access to Quality Education Act", and other existing laws;

g. To establish professional chairs in the University and to provide fellowships for qualified faculty members, and scholarships to deserving students.

h. To receive and appropriate all sums as may be provided for the support of the University in the manner it may determine, in its discretion, to carry out the purposes and functions of the University;

i. To see the policies on admission and graduation of students;

j. To award honorary degrees upon persons in recognition of their outstanding contribution in the fields of education, public service, arts, science and technology, agriculture or nay field of specialization within the academic competence of the University, and to authorize the awarding of certificates of completion of non-degree and non-traditional courses;

k. To establish research and extension centers to promote the development of the University;

l. To develop academic arrangements for institution development and capability building with appropriate institutions and agencies, public and private, and local and foreign, such as but nit limited to internship to students and advancement of learning and research for faculty and staff and to appoint experts/specialists as consultants, part-time, visiting or exchange professors, scholars, researchers, as the case may be;

m. To set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual training system, open distance learning, and community laboratory for the promotion of greater access to education;

n. To collaborate with the governing boards of the state universities and colleges (SUCs) within the Province of Tarlac and in Region III, under the supervision of the CHED and in consultation with the DBM, and work towards restructuring of the University to become more efficient, relevant, productive and competitive;

o. To establish and absorb non-chartered tertiary institutions within the Province of Tarlac as other campuses and extension centers in coordination with the CHED in consulttaion with the Department of Budget and Management (DBM), and to offer therein programs or courses to carry out the constitutional mandate of providing equal access to educational opportunities;

p. To authorize an external management audit of the University, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit (COA); and to institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

q. To develop consortia and other economic forms of linkages with local government units (LGUs), institutions, and agencies, both public and private, and local and foreign, in the furtherance of the purpose and objectives of the University;

r. To import economic, scientific, technical and cultural books and publications;

s. To enter into joint ventures with business and industry for the profitable development and management of the economic assets of the University, the proceeds from which shall be used for the development and strengthening of the University;

t. To receive in trust, legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose of the same when necessary for the benefit of the University and subject to the limitations, directions and instructions of the donor, if any;

u. To extend the term of the President of the University beyond the age of retirement, but not beyond the age of seventy (70) based on the guidelines, qualifications and standards set by the GB as outstanding, and after unanimous recommendation by the search committee;

v. To delegate any of its powers and duties to the President and other officials of the University, as it may deem appropriate so as to expedite the administration of the affairs of the University.

w. To establish policy guidelines and procedures for participative decision-making and transparency within the University;

x. To privatize, where most advantageous to the University, the management of non-academic services such as health, food, building or grounds or property maintenance, and such other similar activities;

y. To authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real property, including necessary supplies, materials and equipment;

z. To promulgate rules and regulations as may be necessary to carry out the purposes and functions of the University.

RULE VIII

BOARD MEETING

Section 1. Regular Meetings. The Governing Board shall regularly convene once every quarter.

Section 2. Special Meetings. The Chairperson of the GB may, upon three (3) days prior written notice, call for special meetings whenever necessary within the year.

A special meeting may also be called to discuss and address matters requiring urgent action of the GB, upon motion of the majority members of the GB including the President, provided that the Chairperson of the GB is given at least three (3) days prior notice and where the latter signified unavailability.

Section 3. Quorum. The quorum of the GB shall consist of majority of all its members holding office at the time of the meeting: Provided, however, That the Chairperson of the GB or the President of the University is among those present in the meeting.

In case of failure to constitute a quorum, the meeting shall be terminated and scheduled on a later date.

Section 4. Presiding Officer. The CHED Chairperson shall be the Presiding Officer of all regular and special meetings of the TSU GB.

However, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner  as the regular Chairperson of the GB, in which case, the said  CHED Commissioner shall act as the Presiding Officer.

This, notwithstanding, in the absence of the CHED Chairperson or the CHED Commissioner designated as the regular Chairperson in a meeting of the GB, the CHED Chairperson may designate another CHED Commissioner as his/her representative in the same meeting, where said representative shall have all the rights and responsibilities of a regular member. During the said meeting, however, the President of TSU (as CO-chairperson) shall be the presiding officer.

Section 5. Proxy of Members. In case of failure of the CHED Chairperson to be present, a Commissioner of the CHED, duly designated by the CHED Chairperson as representative in the meeting, shall have all the rights and responsibilities of a regular member.

In case the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the House Committee on Higher and Technical Education will not be able to attend the Board meeting, they may designate in writing their respective representatives to attend the meeting, who will have the same rights and responsibilities as a regular member of the GB.

Section 6. Compensation. The members of the GB shall not receive any salary, but be entitled to reimbursement for actual and necessary expenses incurred, either for their attendance in the meetings of the Board or in connection with other official business authorized by resolution of the Board, subject to existing laws and regulations.

Section 7. Entitlement of Honorarium of the Members of the Governing Board. The Chairperson, Vice-Chairperson and Members of the GB may be entitled to reasonable honorarium in their attendance during meetings of the GB in accordance with DBM guidelines and existing accounting and auditing rules and regulations.

The resource person and the Committee duly constituted by the GB shall likewise be entitled to reasonable honorarium in their attendance during meetings and such other incidental activities: Provided, that the rate of honorarium shall be in accordance with the guidelines promulgated by the Department of Budget and Management (DBM) ans such other relevant issuances thereof.

Section 8. Approval of Urgent Resolutions Through Referendum. The University President or any member of the GB may request approval through referendum of any urgent resolutions on matters necessary or incidental to the realization of the mandate, vision, mission and objectives and ensure continuity in the delivery of the services of the University that require immediate action prior to the holding of the regular or special en banc meeting, Provided, that such resolution shall be signed by an affirmative majority of the GB; Provided further, that the University President shall sign such resolution before the same be routed to the Chairperson of the GB. The said resolution shall have the same legal effect approved by the majority of the members of the Board holding office at the time of the referendum.


RULE IX

ADMINISTRATION

Section 1. Administration. The Tarlac State University shall have the general powers of a corporation as set forth in Republic Act No. 11232 otherwise known as "Revised Corporation Code of the Philippines." The administration of the University and the exercise of its corporate powers shall be vested exclusively in the Governing Board.

Section 2. The University President. The University President shall serve as the Head of the University whose primary duties and responsibilities are to faithfully, properly, efficiently and effectively manage and supervise the day to day operations of the University including policies, guidelines and programs laid down and delegated by the Governing Board including the achievement of the academic targets of the University which are anchored on its Vision, Mission, Goals and Objectives.

RULE X

THE UNIVERSITY PRESIDENT

Section 1. The University President. The University shall be headed by a President, who shall render full-time service ans who shall be appointed by the Governing Board, subject to the guidelines, qualifications and standards set by the Board, upon recommendation of a duly constituted Search Committee.

Section 2. Appointment and Term of Office. After the GB shall have selected and appointed the University President by a majority vote of the members present in a meeting called for the purpose, his/her appointment papers shall be signed by the CHED Chairperson of the CHED Commissioner duly designated as Regular Chair of the GB.

The University President appointed by the Board shall have a term of four (4) years, the beginning and end of which must be clearly specified in the appointment by the Board, and shall be eligible for reappointment for another term.

Section 3. Powers and Duties. The powers and duties of the President of the University, in addition to those specifically provided in this Act, shall be those usually pertaining to the Office of the President of similar universities, and those delegated by the GB.

Section 4. Minimum Qualifications. Applicants for SUC Presidency must possess the following minimum qualifications:

a. Not less than thirty-five (35) years old and not more than the mandatory age or retirement

b. A Filipino citizen

c. Holder of an earned doctorate degree from a reputable higher education institution

d. With proven track record as SUC/LUC administrator (e.g. president, vice president, dean, campus administrator, director) or high level management executive/administrator, whether in public or private sector, for at least five (5) years. Nomenclature of the position, especially in the private sector may be clarified by GB as long as the position is high level management

e. Must not have been convicted for a crime involving moral turpitude, or an offense punishable by imprisonment for a period exceeding six (6) years, suspended administratively for twelve (12) months, and/or dismissal from service.

For SUC Presidents who are undergoing evaluation for a second term, he/she must not have been convicted of any administrative offense or crime.

An application who does not meet any one of the above mentioned minimum qualifications and cannot submit pertinent supporting documentary evidences shall be disqualified from the search process.

Incumbent Presidents of other SUCs, whose term is et to expire within six months period of the Search Process, shall be allowed to apply for vacant posy of the presidency.

Section 5. Documentary Requirements for the Application for President. Interested applicants must submit one (1) set of original and six (6) certified true copies of the following documents to the SCP Secretariat:

a. Formal application letter addressed to the Chairperson of CHED

b. Detailed Curriculum Vitae, signed under oath

c. Six (6) Certified True Copy of documents in support of the data stated in the Curriculum Vitae

d. Proposed Vision, Mission and Development Goals for TSU

e. Certificates/Clearances from the following government agencies, obtained not more than one (1) month from the date of filing of application, indicating that the applicant has no pending administrative and/or criminal case:

a. Sandiganbayan

b. Civil Service Commission (CSC)

c. National Bureau of Investigation

d. Municipal/Regional Trial Court

e. Ombudsman (for government employees)

f. Institution/Company where applicant is presently employed

g. NSO-authenticated Birth Certificate

h. Medical Certificate of Physical Fitness issued by a physician from CHED-recognized accredited health institutions but not in the same institution where applicant is presently employed

i. Results of Neuro-psychiatric examination conducted by a physician from CHED-recognized accredited health institutions but not the same institution where applicant is presently employed

j. Duly accomplished CSC Form 212 made under oath


The SCP Secretariat shall check the completeness of the required documents and shall make their initial report to the SCP. Should the SCP find that there are applicants who lack necessary documents, the SCP must immediately refer to the GB whether or not the applicants will be advised to complete the documents and continue with the process.

Section 6. Criteria for Evaluation. In general, applicants for SUC presidency shall be evaluated on four (4) major areas:

a. Professional Competence - 35%;

b. Academic Background - 25%;

c. Public Forum/Presentation - 25%; and

d. Panel Interview - 15%

Section 7. Constitution of the Search Committee. Within six (6) months before the expiration of the term of office of the incumbent President of the University, the GB shall constitute the Search Committee for Presidency (SCP).

Section 8. Succession. In case of vacancy by reason of death, resignation, removal for cause, or incapacity of the incumbent SUC President to perform the functions of office, the GB shall, within five (5) calendar days from the occurrence of such vacancy, designate an Officer-in-Charge with the same qualifications as the President. The event of unavailability of the majority of the members of the Governing Board to hold a Special Meeting for this purpose, the Chairperson of the Board may designate an OIC President, subject to the confirmation by the

Board in a meeting set for this purpose. If GB did not ratify/confirm the designated OIC President, the GB may designate another OIC President, subject to CSC Rules on designation.

Within 6 months from the appointment of the OIC President, the GB shall constitute the Search Committee for the President.

The OIC President shall not be allowed to vote in the selection of the SUC President. The OIC President however, may be allowed to apply as SUC President in the same SUC that he is currently serving, provided that he/she relinquishes the OIC designation as soon as the Search Committee is constituted.

Section 9. Remuneration. The salary of the President of the TSU shall be in accordance with Republic Act No. 11466 or the "Salary Standardization Law of 2019", and such other laws mandatory thereto, which may hereinafter be enacted, and shall be comparable to that being received by the presidents of similar educational institutions.

The University shall likewise be entitled to full retirement benefits under existing laws. Furthermore, the President of the University shall be entitled to Representation and Transportation Allowance (RATA) and such other benefits based on the rates prescribed by the DBM.


RULE XI

THE VICE PRESIDENT, DIRECTORS, HEADS AND OTHER UNIVERSITY OFFICIALS

Section 1. Vice Presidents. The President of the University shall be assisted by a Vice-President for Academic Affairs, a Vice-President for Administration, and a Vice-President for Research, Development, and Extension, who shall be appointed/designated by the GB upon recommendation of the President in accordance with the minimum qualification standards set by the GB.

Section 2. Deans and Directors. In accordance with the minimum qualification standards by the GB the different Colleges such as College of Architecture and Fina Arts, College of Arts and Social Sciences, College of Business and Accountancy, College of Computer Studies, College of Science, College of Public Administration and Governance, College of Criminal Justice Education, College of Teacher Education. College of Engineering and Technology, School of Law and other Colleges that will be created shall be headed by a Dean, to be assisted by an Associate Dean, if necessary.

The major programs and functions of the University such as, but not limited to, Internal Audit Services Office, Management Information Systems Office, Office of Public Affairs, National Service Training Program, Office of Alumni Affairs, Library Management Services, Office of Admission and Registration, Student Affairs Services, University Research Office, Extension Services Management Office, Center for Gender Development, Food Technology and Research Center, Technology Development, Transfer and Commercialization Office, Administrative Services Office, Finance Office, Business Affairs and Auxiliary Office, Facilities Development and Management Office, Human Resource Development and Management Office, Planning Performance Monitoring and Evaluation Office, Quality Assistance Office, and International Affairs and Linkages Office shall each be headed by a Director, designated in accordance with the minimum qualification standards set by the GB.

This is without prejudice however, to the authority of the President, the Academic and the Administrative Councils recommended the creation/abolition of offices as they may deem necessary, subject to the approval of the GB.

The University President, upon the approval of the GB shall issue an appropriate special order to effect designation for Vice-President, Deans, Directors, Heads, and other officials of the University. He may, likewise designate Officers-in-Charge subject to the rules and regulations set by the GB and in accordance with the guidelines set by CHED.

Section 3. Duties and Responsibilities. The University President shall prescribe the duties and responsibilities and over see the performance of the Vice-Presidents, College Deans, Directors, Heads, Chairpersons and other officials in accordance with the provisions of the University Code approved by the GB and such other existing law, rules and regulations.

Section 4. Entitlement of Representation and Transportation Allowance and honorarium. The Vice-Presidents, College Deans, and Directors, may be entitled to monthly Representation and Transportation Allowance (RATA) in accordance with the provision of DBM Circulars, rules and regulations: Provided that the Directors and other officials who are not covered by the DBM Circulars, rules and regulations may be granted reasonable honorarium as the University President may prescribe and as duly approved by the Board of Regents, subject to the availability of funds and the usual accounting and auditing rules and regulations: Provided, further, that the amounts necessary to support the grant of RATA and honorarium may be charged from appropriate funds of the University subject to applicable laws, rules and regulations.

Section 5. Secretary of the University. The Board shall appoint a Secretary, who shall serve as such for both the Board and the University and who shall keep a record and proceedings of the Board in addition to other duties and responsibilities. The Secretary of the University shall serve upon each member of the Board the appropriate notice of the Board meetings.

Section 6. The Treasurer of the University. The Treasure of the Philippines shall be the ex officio treasurer of the University.

RULE XII

THE ADMINISTRATIVE COUNCIL

Section 1. Composition, Powers and Duties. There shall be an Administrative council consisting of the President of the University, as Chairperson, and the vice presidents, deans, directors, and other officials of equal rank, as members, whose duty is to review and recommend to the Board, policies governing the administration, management and development planning of the University.

The Board and the University Secretary may serve as the secretary of the Administrative Council. He/she shall keep all records and proceedings of the Administrative Council, serve upon each member of the administrative Council the appropriate notice of meetings, and discharge such other duties and responsibilities as the Administrative Council and/or University may determine.

Section 2. Meetings and Quorum. The University President shall fix the schedule and venue of every meeting of the Administrative Council. A quorum for any meeting of the council shall consist of a majority of the members. A majority of such quorum may decide on any question at the meetings, except those matters that require the affirmative vote of a greater proportion as prescribed by relevant laws, rules and regulations.

Section 3. Internal Rules of Procedure. The Administrative Council shall be constituted by the university President. The duly constituted Council may formulate and promulgate internal rules of procedures to ensure proper and orderly conduct of its business and meetings.


RULE XIII

THE ACADEMIC COUNCIL

Section 1. Composition, Powers and Duties. There shall be an Academic Council to be composed of the President of the university, who shall act as the Chairperson, and all academic staff with the rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular offerings and rules of discipline of the University, subject to the approval of the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject ti the review and approval of the Board through the President of the University.

It shall have disciplinary power over the students of the University and shall formulate academic policies, rules, and regulations on discipline, subject to the approval of the Board.

The Academic Council shall have a Secretary to be designated by the University President among the personnel of the University. The duly designated Secretary shall keep all records and proceedings of the Academic Council, serve upon each member of the Academic Council the appropriate notice of meetings, and discharge such other duties and responsibilities as the Academic Council/University may determine.

Section 2. Meetings and Quorum. The University President shall fix the schedule and venue of every meeting of the Academic Council. A quorum for any meeting of the council shall consist of a majority of the members. A majority of such quorum may decide on any question at the meetings, except those matters the require the affirmative vote of a greater proportion as prescribed by relevant laws, rules and regulations.

Section 3. Internal Rules of Procedure. The Academic Council shall be constituted by the University President. The duly constituted Council may formulate and promulgate internal rules of procedures to ensure proper and orderly conduct of its business and meetings.


RULE XIV

THE FACULTY

Section 1. Composition. The body of professors, instructors and lecturers of each college or school shall constitute the faculty. The members of the faculty shall include the following: University Professors, College Professors, Professors, Associate Professors, Assistant Professors, and Instructors.

Section 2. Qualification. All appointments of the faculty shall be made strictly on the basis of merit and fitness and/or based on their qualifications and competence to perform the duties and responsibilities of the position, and shall be subject to the guidelines, qualifications and/or standards set by the Board. The members of the faculty shall be covered by appropriate Civil Service laws and rules, CHED and DBM Circulars, and the University Charter.

Section 3. Prohibitions in the Selection of Faculty. No political belief, gender preference, cultural or community affiliation, ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the university: Provided, that the appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, that a member of the faculty shall not criticize, vouch for, recruit members in behalf of, preach about any particular church ore religious sect.

Section 4. Appointment, Compensation and Other Benefits of Faculty Members. The recruitment and other personnel actions for faculty shall be in accordance with the relevant Civil Service laws and rules on Appointment and other Personnel Actions. Recruitment shall be limited to those who meet the minimum requirements prescribed for the rank.

Faculty members of the University shall be entitled to compensation and other benefits prescribed under existing laws, rules and regulations. They may also be entitled to honorarium for overload services for their actual involvement in research, extension, resource generation and other related programs, projects or activities in accordance with applicable laws, rules and regulations as authorized by the University President and the GB.


RULE XV

OTHER MISCELLANEOUS PROVISIONS

Section 1. Scholarships, Financial Assistance Programs and Admission. The University shall provide financial assistance and other affirmative action programs to assist financially challenged students who qualify for admission to the University. No student shall be denied admission to the University by reason of sex, gender preference, religion, political, cultural or community affiliation, and ethic origin.

Likewise, as far as practicable, the University shall provide a scholarship programs, for its faculty and non-teaching staff subject to applicable rules.

Section 2. Authority to Loan or transfer Apparatus/Equipment/Supplies and Detail of Personnel. Upon the request of the President of TSU, the heads of the bureaus and offices of the national government may loan or transfer, such apparatus, equipment or supplies as may be needed by the University, and to detail employees for duty therein when, in the judgement of the head of bureau or office, the apparatus, equipment, supplies or services of such employees can be spared without serious detriment to public service.

The employees so detailed shall perform such duties as required of them by the President of the University, and the time so employed shall be counted as part of their regular service.

Section 3. Assets, Liabilities and Personnel. All assets, both real and personal, personnel and records of the TSU, as well as its liabilities or obligations, shall remain under the name of TSU: Provided, that the positions, rights and security of tenure of faculty members and personnel therein employed under existing laws shall remain in the same status until otherwise provided for by the Board: Provided, finally, that the TSU shall also include an upgrade or increase in its human resource component as may be deemed appropriate by the GB.

All parcels of land belonging to the government occupied by the TSU and all its campuses are hereby declared the property of the TSU, and shall be titled under its name: Provide, that should the TSU cease to exist or be abolished or should such aforementioned parcels of land be no longer needed by the University, the same shall revert to concerned LGU or to the Republic of the Philippines, as the case may be.

The GB is authorized to create a Committee to facilitate the implementation of this provision.

Section 4. Duty and Tax Exemptions. The importation by the TSU of economic, scientific, technical and cultural books and publications, which are for economic, technical-vocational, scientific, philosophical, historical or cultural purpose, shall upon certification by the CHED and TESDA, shall be exempt from customs duties in accordance with the provisions of Republic Act No. 10863, otherwise known as the "Customs Modernization and Traffic Act."

Section 5. Annual Report. On or before the fifteenth (15th) day of the second month after opening of the regular classes each year, the Board shall file with the Office of the President of the Philippines and both House of Congress, through the CHED Chairperson, a detailed report on the progress, conditions and needs of the University.

RULE VI

FINAL PROVISIONS

Section 1. Suppletory Application. The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997" and its IRR, shall form an integral part of this Act and shall serve as part of the Governing Charter of the University.

Section 2. Transitory Provision. Upon the effectivity of this Act, all employees of the TSU shall be retained in their present positions and no one shall be adversely affected upon the approval of this IRR, until GB has approved the new structure of the University.

Existing faculty associations, student associations, and alumni associations currently represented in the Governing Board are mandated to federate their respective organizations within a period of one (1) year from the effectivity of this IRR or until the end of their current term.

The incumbent President of TSU shall continue to hold office until the expiration of one (1) term.

Section 3. Appropriation. The amount necessary to carry out the provision of this Act shall be included in the annual General Appropriations Act.

Section 4. Parity Clause. All other powers, functions and privileges, responsibilities and limitations to state universities and their officials under existing laws shall be deemed granted to or imposed upon the University or its officials, whenever appropriate.

Section 5. Separability Clause. If for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

Section 6. Repealing Clause. All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this IRR are hereby repealed or modified accordingly.

Section 7. Effectivity Clause. This IRR shall take effect fifteen (15) days following its publication in a newspaper of general circulation and after filing/deposit with the Office of the National Administrative Register (ONAR), U.P. Law Center, Quezon City.


WE HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING IMPLEMENTING RULES AND REGULATIONS (IRR)AS APPROVED BY THE BOARD OF REGENTS PER BOARD RESOLUTION NO. 101, SERIES OF 2022 ADOPTED THIS 13 th day of September 2022.

TSU BOARD OF REGENTS


 
(Sgd.) HON. RONALD L. ADAMAT
Commssioner on Higher Eductaion
Chair

 
 
(Sgd.) DR. ARNOLD E. VELASCO
President, Tarlac State University
Vice Chair



MEMBERS:

 
SEN. FRANCIS ESCUDERO
CONG. MARK O. GO
Chairman
Chairman
Committee on Higher, Technical &
Committee on Higher and
Vocational Education
Technical Education
Senate of the Philippines
House of Representatives
Represented by:
Represented by:


ATTY. LINDLEY SANTILLAN
(Sgd.) HON. DENNIS T. GO


 
 
(Sgd.) DIR. GINA T. GACUSAN
(Sgd.) DIR. JULIUS CASER V. SICAT
Regional Director
Regional Director
National Economic Development
Department of Science and
Authority
Technology


(Sgd.) PROF. DOUGLAS C. FERRER
(Sgd.) DR. REYNALDO L. CATACUTAN
President
President
TSU Faculty & Personnel Union
TSU Alumni Association


(Sgd.) MS. BEA CLAREN S. TAGASA
(Sgd.) DR. ALVIN P. BELARMINO
President
Private Sector Representative
TSU Supreme Student Council


 




(Sgd.) DR. JOSE D. LACSON
Private Sector Representative
 




___________________________

1 Section 3(g), RA No. 11448

2 Section 3, CHED CMO7, series of 2022 or the "Revised Implementing Rules and Regulations (IRR) of Republic Act No. 8292, amending CHED Memorandum Order No. 3, series of 2001 Revised Implementing Rules and Regulations of RA 8292, the Higher Education Modernization Act

3Section 5 (10), Article I, Part A, Manual of Regulations for Private Higher Education of 2008

4Part I. CHED CMO 8, s 2010

5Public Sector Labor-Management Council Resolution No. 2, s. 2004, pursuant to Executive Order No. 180

6Part III CHED CMO 4, s 2020

7Section 3(r), RA No. 11448

8Section 3(v, Article I, CHED CMO No. 20, Series of 2011)

9Section 3, CHED CMO 7, series of 2022 of the "Revised implementing Rules and Regulations (IRR) of Republic Act No. 8292, amending CHED Memorandum Order No. 3, Sries of 2001: The 2001 Revised Implementing Rules and Regulations of RA 8292, the Higher Education Modernization Act"


 



 


 


 


 


 


 


  


 


 


 


 


 


 


 









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