Strengthening the Governance of State Universities and Colleges

Senate fier of the meretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES str 24 pa; First Regular Session SENATE RECEIVED SY: 1414 S. No. — Introduced by Senator Loren Legarda AN ACT AMENDING REPUBLIC ACT NO. 8292, OTHERWISE KNOWN AS "THE HIGHER EDUCATION MODERNIZATION ACT OF 1997" TO STRENGTHEN THE GOVERNANCE OF STATE UNIVERSITIES AND COLLEGES BY REVISING THE COMPOSITION AND POWERS OF THEIR GOVERNING BOARDS, CLARIFYING THE ROLE OF THE COMMISSION ON HIGHER EDUCATION, AND GRANTING DIFFERENTIATED AUTONOMY, AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 8292, otherwise known as the Higher Education Modernization Act of 1997, governs State Universities and Colleges (SUCs) and their relationship with the Commission on Higher Education (CHED). Since its passage, issues have emerged around overregulation, governance bottlenecks, and CHED'S heavy workload, as the Commission has been tasked with presiding over the boards of more than one hundred SUCs alongside its expanding mandates. The proposed amendments seek to modernize SUC governance by clarifying the distinct roles of CHED and SUC Governing Boards. CHED will be strengthened in its functions of setting national standards, monitoring outcomes, and ensuring alignment with higher education policy, while SUC Governing Boards will exercise greater responsibility for institutional direction and internal management. This rebalancing of functions will ease the governance burdens on CHED and allow for more responsive, locally attuned decision-making at the SUC level.

A central reform under the bill is the introduction of differentiated autonomy, which grants greater self-governance to SUCs that consistently demonstrate strong performance and capacity. Through a typology framework, top-performing SUCs may exercise broader discretion over academic, fiscal, and administrative matters, while CHED focuses on oversight and system-wide reforms. This approach recognizes institutional diversity, moves away from one-size-fits-all regulation, and supports the long-term goal of raising quality across the sector. The amendments also refine the qualifications and tenure of SUC leadership. The term of office of SUC presidents is extended to six years, renewable once, subject to performance evaluation. Clear academic qualifications for presidents and vice presidents are prescribed, ensuring that institutional leaders possess the expertise needed to guide their universities and colleges. Complementing this, the bill establishes a Philippine Higher Education Academy under the Development Academy of the Philippines to strengthen succession planning and provide training for future SUC leaders, thereby ensuring continuity and professionalized governance. Through these reforms, the measure seeks to modernize the governance of SUCs, align their leadership and autonomy with performance and capacity, and relieve CHED of excessive administrative burdens, all while upholding academic freedom and ensuring that higher education remains responsive to national development needs. In view of the foregoing, the immediate passage of this bill is earnestly sought. LOREN LEGARDA

Senato Difice of the sectetary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 SEP 24 P448 First Regular Session ) SENATE RECEIVED BY: 1414 S. No. _ Introduced by Senator Loren Legarda AN ACT AMENDING REPUBLIC ACT NO. 8292, OTHERWISE KNOWN AS "THE HIGHER EDUCATION MODERNIZATION ACT OF 1997" TO STRENGTHEN THE GOVERNANCE OF STATE UNIVERSITIES AND COLLEGES BY REVISING THE COMPOSITION AND POWERS OF THEIR GOVERNING BOARDS, CLARIFYING THE ROLE OF THE COMMISSION ON HIGHER EDUCATION, AND GRANTING DIFFERENTIATED AUTONOMY, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 2 of the Republic Act No. 8292, otherwise known as the

2 Higher Education Modernization Act of 1997, is hereby amended to read as follows: "Sec. 2. Declaration of Policy. - It is the declared policy of the State to establish, maintain, and support a complete, adequate and integrated system of education relevant to the needs of the people and society. Towards this end, the composition of the governing boards of chartered state universities and colleges is hereby modified in order to: (a) achieve a more coordinated and integrated system of higher education; (b) render them more effective in the formulation and implementation of policies on higher education;

(c) provide for more relevant direction in their governance; and (d) ensure the enjoyment of academic freedom as guaranteed by the Constitution. IT IS FURTHER DECLARED THE POLICY OF THE STATE TO STRENGTHEN THE GOVERNANCE OF STATE UNIVERSITIES AND COLLEGES (SUCS) BY CLARIFYING THE RESPECTIVE ROLES OF THE COMMISSION ON HIGHER EDUCATION (CHED) AND THE GOVERNING BOARDS, AND BY GRANTING DIFFERENTIATED LEVELS OF AUTONOMY ACCORDING TO INSTITUTIONAL CAPACITY AND PERFORMANCE. THE GOVERNING BOARDS SHALL EXERCISE AUTHORITY OVER INSTITUTIONAL DIRECTION AND INTERNAL MANAGEMENT, WHILE THE COMMISSION ON HIGHER EDUCATION SHALL SET NATIONAL STANDARDS, MONITOR OUTCOMES, AND ENSURE CONSISTENCY WITH HIGHER EDUCATION POLICY. THIS BALANCE OF AUTONOMY AND ACCOUNTABILITY SHALL ENABLE SUCS, ESPECIALLY NATIONAL UNIVERSITIES AND INSTITUTIONS OF RECOGNIZED QUALITY, TO CONTRIBUTE MORE EFFECTIVELY TO NATIONAL DEVELOPMENT."

Sec. 2. A new Section to be denominated as Section 2-A is hereby inserted into

the same Act to read as follows:

SEC. 2-A. DEFINITION OF TERMS. - AS USED IN THIS ACT,

THE FOLLOWING SHALL BE DEFINED AS FOLLOWS: (A) ASSOCIATE DEGREE REFERS TO POST-SECONDARY QUALIFICATIONS ATTAINED AFTER COMPLETION OF THE K TO 12 BASIC EDUCATION PROGRAM, NORMALLY REQUIRING A MINIMUM OF TWO YEARS OF STUDY. IT EQUIPS LEARNERS WITH SPECIALIZED SKILLS FOR GAINFUL EMPLOYMENT

IN RELATED PROFESSIONS, WHILE ALSO PROVIDING THE ACADEMIC PREPARATION NECESSARY FOR PROGRESSION TO BACCALAUREATE PROGRAMS; (B) BACHELOR'S DEGREE PROGRAM REFERS TO AN UNDERGRADUATE UNIVERSITY DEGREE THAT REQUIRES THE COMPLETION OF A SECONDARY- LEVEL EDUCATION AND INVOLVES 4 YEARS OF FULL-TIME STUDY FOR MOST PROGRAMS, CONSISTING OF GENERAL EDUCATION COURSES AND SPECIALIZED SUBJECTS FOCUSED ON A MAJOR DEGREE; (C) DEGREE PROGRAM REFERS TO THE SET OF ACADEMIC PROGRAMS AND COURSES IN A FIELD OF STUDY LEADING TO THE CONFERMENT OF AN UNDERGRADUATE OR GRADUATE DEGREE; (D) DOCTORAL DEGREE REFERS TO THE HIGHEST ACADEMIC DEGREE, EARNED BY CONDUCTING SIGNIFICANT RESEARCH AND PRODUCING ORIGINAL WORK, TYPICALLY IN A DOCTOR OF PHILOSOPHY (PHD) OR A PRACTICE-BASED PROFESSIONAL DOCTORATE; (E) HIGHER EDUCATION INSTITUTIONS (HEIS) REFER TO INSTITUTIONS OF HIGHER LEARNING WHICH PRIMARILY OFFERS DEGREE PROGRAMS DULY RECOGNIZED BY THE COMMISSION ON HIGHER EDUCATION (CHED) AND LEADING TO THE CONFERMENT OF A DIPLOMA; (F) MASTER'S DEGREE REFERS TO A POSTGRADUATE ACADEMIC PROGRAM THAT PROVIDES ADVANCED

AND SPECIALIZED KNOWLEDGE AND SKILLS BEYOND A BACHELOR'S DEGREE; (G) POLYTECHNIC COLLEGE OR TECHNOLOGICAL COLLEGE REFERS TO A COLLEGE THAT OFFERS THE FOLLOWING: (1) AT LEAST THREE (3) OR MORE PROGRAMS THAT GRANT OR AWARD NATIONAL CERTIFICATIONS (NCS) LEVELS 4-5 IN TESDA'S NATIONAL COMPETENCY ASSESSMENT SCALE, THAT PROVIDE PATHWAYS TOWARDS BACHELOR'S DEGREE PROGRAMS OFFERED BY THE SAME INSTITUTION; (2) THREE (3) OR MORE LADDERIZED AND/OR APPLIED BACHELOR'S DEGREE PROGRAMS; AND (3) HIGHLY-SPECIALIZED OR TECHNICAL INDUSTRY ON-THE-JOB TRAINING PROGRAM FOR ALL OF ITS OFFERED PROGRAMS. (H) POLYTECHNIC UNIVERSITY OR TECHNOLOGICAL UNIVERSITY REFERS TO A UNIVERSITY THAT OFFERS THE FOLLOWING: (1) ALL OF THE CITED QUALIFICATIONS FOR A POLYTECHNIC OR TECHNOLOGICAL COLLEGE; (2) THREE (3) OR MORE MASTER'S OR DOCTORAL PROGRAMS IN APPLIED FIELDS, INCLUDING BUT NOT LIMITED TO HIGHLY TECHNICAL OR TECHNOLOGICALLY-FOCUSED

PROFESSIONS SUCH AS ENGINEERING OR OTHER APPLIED SCIENCES; AND (3) AN EXPANSIVE AND DIRECT LINKAGE OF ITS DEGREE PROGRAMS TO PRACTICAL ENGAGEMENTS WITH APPLICABLE INDUSTRIES. (I) TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA) REFERS TO THE GOVERNMENT AGENCY TASKED TO MANAGE AND SUPERVISE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT IN THE PHILIPPINES.

Sec. 3. Section 3 of the same Act is hereby amended to read as follows:

"Sec. 3. The Governing Boards; Manner of Appointment. - (a) Composition. - The governing body of [state universities and colleges] SUCs is hereby vested in the Board of Regents for universities and in the Board of Trustees for colleges, which shall be composed of the [following] CHAIRPERSON OF THE CHED AS CHAIR OF THE BOARD, THE PRESIDENT OF THE SUC AS THE VICE- CHAIRPERSON, AND WITH THE FOLLOWING AS MEMBERS: (i) [Chairman of the Commission on Higher Education (CHED), Chairman] CHAIRPERSON OF THE COMMITTEE ON HIGHER, TECHNICAL AND VOCATIONAL EDUCATION OF THE SENATE OR HIS/HER REPRESENTATIVE, SUBJECT TO ELIGIBILITY CRITERIA TO BE DETERMINED BY CHED; (ii) [President of the university or college, Vice Chairman] CHAIRPERSON OF THE

COMMITTEE ON HIGHER AND TECHNICAL EDUCATION OF THE HOUSE OF REPRESENTATIVES OR HIS/HER REPRESENTATIVE, SUBJECT TO ELIGIBILITY CRITERIA TO BE DETERMINED BY CHED; Chairmen of the Congressional Committees on Education and Culture;] [(iv)] (III) Regional Director of the [National Economic and Development Authority (NEDA)] DEPARTMENT OF ECONOMY, PLANNING, AND DEVELOPMENT (DEPDEV) where the main campus of the university or college is located; [(v)] (IV) Regional Director of the Department of Science and Technology (DOST) in case of science and technological UNIVERSITIES OR colleges; or the Regional Director of the Department of Agriculture (DA) in case of agricultural UNIVERSITIES OR colleges; OR THE REGIONAL DIRECTOR OF THE DEPARTMENT OF EDUCATION (DEPED) IN CASE OF TEACHER EDUCATION INSTITUTIONS [or the Secretary of Education for an Autonomous Region]. In lieu of such representation, the commanding generals of the Philippine Air Force and the Philippine Navy shall sit as members of the Board of the Philippine State College of Aeronautics and the Philippine Merchant Marine Academy, respectively; [(vi)] (V) President of the FEDERATION OF faculty associationS;

[(vit)] (VI) President of the supreme student council or the student representative elected by the FEDERATION OF student councils: Provided, That in the absence of a student council president or student representative elected by the student council, the university or college shall schedule one (1) week for the campaign and election of a student representative; (VII) PRESIDENT OF THE FEDERATION OF NON- ACADEMIC AND NON-TEACHING PERSONNEL ASSOCIATIONS FOR MULTICAMPUS UNIVERSITIES OR THE ASSOCIATION OF NON-ACADEMIC AND NON-TEACHING PERSONNEL FOR INSTITUTIONS WITH A SINGLE CAMPUS ONLY; (viii) President of the alumni association of the institution concerned; and (ix) [Two (2)] THREE (3) prominent citizens RESIDING IN THE CITY OR PROVINCE WHERE THE SCHOOL IS LOCATED who have distinguished themselves in their professions or fields of specialization RELEVANT TO THE UNIVERSITY, chosen from among a list of at least five (5) [persons] qualified PERSONS, [in the city or the province where the school is located, as recommended by] BASED ON THE RECOMMENDATIONS OF the search committee constituted by the President [in consultation with the Chairman of the CHED

based on the normal standards and qualifications for the position]. The faculty and the student council shall be represented by the president of their respective federations in multi-campus universities and colleges. The private sector representatives shall be appointed by the Board of Regents [A] OR Trustees upon recommendation of a duly constituted search committee. FOR SUCS THAT ARE EITHER POLYTECHNIC OR TECHNOLOGICAL UNIVERSITIES OR COLLEGES, THE TESDA DIRECTOR-GENERAL SHALL SERVE AS CO-CHAIRPERSON. FOR SUCS IN THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO, ONE SEAT SHALL BE ALLOCATED FOR THE PARLIAMENT MEMBER DESIGNATED BY THE MINISTRY OF BASIC, HIGHER AND TECHNICAL EDUCATION AS A REPRESENTATIVE TO THE SUCS. (b) Term of Office. - The presidents of the faculty, NON- ACADEMIC AND NON-TEACHING PERSONNEL, [and] alumni associations and the student regents or trustees shall sit in the board until the expiration of their term of office in such capacities. The prominent citizens shall serve for a term of two (2) years. THE TERMS OF OFFICE OF THE PRIVATE SECTOR REPRESENTATIVES SHALL BE DEFINITE AND SHALL NEVER BE EXTENDED FOR ANY REASON. IF THE NEXT PRIVATE SECTOR REPRESENTATIVES ARE NOT CHOSEN ON TIME, THEIR POSITIONS SHALL BE DECLARED VACANT.

(c) XXX (D) MANDATORY CERTIFICATION AND TRAINING FOR GOVERNING BOARD MEMBERS. - THE COMMISSION SHALL ESTABLISH A CERTIFICATION PROGRAM FOR HIGHER EDUCATION GOVERNANCE TO ENSURE QUALITY OF MANAGEMENT IN SUCS. THE PROGRAM SHALL INCLUDE COURSES IN, BUT NOT LIMITED TO, HIGHER EDUCATION, STRATEGIC PLANNING AND MANAGEMENT, GOVERNANCE, AND OVERALL EDUCATION VISION SETTING. ALL SUC GOVERNING BOARD MEMBERS MUST HAVE A CERTIFICATION FROM CHED PRIOR TO SERVICE TO THE BOARD. (E) ROLE OF THE GOVERNING BOARD MEMBERS. - (I) THE CHAIRPERSON SHALL BE THE CHAIRPERSON OF CHED, WITH THE FOLLOWING DUTIES AND FUNCTIONS: (A) PRESIDE IN A POLICY- SETTING CAPACITY; AND (B) ENSURE ALIGNMENT OF INSTITUTIONAL DIRECTION WITH NATIONAL HIGHER EDUCATION POLICIES AND PRIORITIES. (II) THE VICE CHAIRPERSON SHALL BE THE PRESIDENT OF THE SUC AND SHALL EXERCISE REGULATORY AND MANAGERIAL FUNCTIONS INDEPENDENTLY.

(III CHAIRPERSONS OF CONGRESSIONAL COMMITTEES ON HIGHER AND TECHNICAL EDUCATION, OR THEIR PERMANENT ALTERNATE REPRESENTATIVES, SHALL: (A) REPRESENT CONGRESS IN THE BOARD OF REGENTS/TRUSTEES; (B) ENSURE ALIGNMENT OF SUC POLICIES WITH NATIONAL EDUCATION PRIORITIES; LEGISLATIVE (C) BRING PERSPECTIVE TO SUC GOVERNANCE; (D) ELEVATE CONCERNS OF SUCS WITH LEGISLATIVE IMPLICATIONS TO THE COMMITTEES ON HIGHER AND TECHNICAL EDUCATION; AND (E) STRENGTHEN AND ACCOUNTABILITY TRANSPARENCY IN SUC OPERATIONS. (IV) REPRESENTATIVES OF EXECUTIVE AGENCIES SHALL: PROVIDE REGIONAL (A) DEVELOPMENT PERSPECTIVE; (B) ALIGN SUC PROGRAMS WITH NATIONAL AND LOCAL DEVELOPMENT PRIORITIES; AND

(C) TO THE EXTENT POSSIBLE, SUPPORT, ASSIST, AND CONNECT SUC INITIATIVES TO AND THROUGH ONGOING PROJECTS AND EFFORTS OF THEIR RESPECTIVE AGENCIES; REPRESENTATIVES OF SECTORAL (V) GROUPS SHALL: (A) ENSURE PARTICIPATIVE AND INCLUSIVE GOVERNANCE OF SUCS; AND REPRESENT THE INTEREST OF (B) THE BROADER PUBLIC AND PROVIDE AN EXTERNAL PERSPECTIVE TO THE BOARD AND IN THE FORMULATION OF POLICIES. (VI) PROMINENT CITIZENS SHALL: PROVIDE TECHNICAL INPUT (A) BASED ON THEIR RESPECTIVE EXPERTISE, ACADEMIC OR PROFESSIONAL BACKGROUNDS, IN THE CONTEXT OF THEIR LOCAL EXPERIENCE IN THE COMMUNITY; AND FACILITATE PARTNERSHIPS WITH INDUSTRY, THE LOCAL COMMUNITY, AND OTHER RELEVANT ORGANIZATIONS,

TO FURTHER THE DIRECTIONS AND PRIORITIES OF THE SUC.

Sec. 4. Section 4 of the same Act is hereby amended to read as follows:

"Sec. 4. Powers and Duties of Governing Boards. - Xxx (g) to appoint, upon the recommendation of the president of the university or coilege, vice presidents, deans, directors, heads of departments, faculty members and other officials and employees IN ACCORDANCE WITH CIVIL SERVICE LAWS AND REGULATIONS. PROVIDED, THAT THE APPOINTMENT OF THE PRESIDENT SHALL BE MADE BY THE BOARD UPON RECOMMENDATION OF A DULY CONSTITUTED SEARCH COMMITTEE FOR THE PURPOSE. PROVIDED FURTHER, THAT THE DESIGNATION OF VICE PRESIDENTS, DEANS, DIRECTORS, AND HEADS OF DEPARTMENTS SHALL REMAIN UPON RECOMMENDATION OF THE PRESIDENT, SUBJECT TO PERFORMANCE EVALUATION, RENEWAL, OR REVOCATION IN ACCORDANCE WITH EXISTING POLICIES; (h) XXX (0) XXX TO DECIDE ON ADMINISTRATIVE MATTERS, INCLUDING THE USE OF INTERNALLY GENERATED INCOME, PERSONNEL MANAGEMENT, AND STUDENT SUPPORT, CONSISTENT WITH LAW AND GENERAL GUIDELINES ISSUED JOINTLY BY CHED, DBM, AND COA. THE LEVEL OF DISCRETION GRANTED SHALL VARY ACCORDING TO INSTITUTIONAL PERFORMANCE AND CAPACITY. (p) XXX

Sec. 5. A new Section to be denominated as Section 5-A is hereby inserted into

2 the same Act to read as follows: "SEC. 6-A. DIFFERENTIATED AUTONOMY, - CHED SHALL ADOPT A TYPOLOGY OF SUCS AND A FRAMEWORK FOR DIFFERENTIATED AUTONOMY, GRANTING INCREASING LEVELS OF SELF-GOVERNANCE TO SUCS THAT CONSISTENTLY MEET NATIONAL STANDARDS ON QUALITY, ACCOUNTABILITY, AND RELEVANCE. SUCH SUCS SHALL BE SUBJECT TO STREAMLINED APPROVALS, WHILE THE CHED FOCUSES ON STANDARDS-SETTING, PERFORMANCE MONITORING, AND SYSTEM-WIDE REFORMS. FOR PURPOSES OF THIS MEASURE, AUTONOMY OF THESE SUCS IN THEIR OVERALL OPERATION SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING: (A) ACADEMIC MANAGEMENT, SUCH AS THE PROPOSAL AND EVENTUAL ESTABLISHMENT OF NEW ACADEMIC PROGRAMS; DESIGNATION AND ALLOCATION OF RESEARCH GRANTS OR FELLOWSHIPS; DEVELOPMENT AND EXPANSION OF EXISTING AND POTENTIAL CURRICULA TO ALIGN WITH INDUSTRY STANDARDS AND LABOR MARKET REQUIREMENTS; SUCH AS THE (B) FISCAL MANAGEMENT, DETERMINATION AND GENERATION OF ADDITIONAL SOURCES OF INCOME; UTILIZATION OF EXISTING ASSETS TO AUGMENT BUDGETARY ALLOCATIONS; AND OVERALL DETERMINATION OF FISCAL AND FINANCIAL REFORMS TO ENSURE PROPER RESOURCE ALLOCATION; AND

(C) ADMINISTRATIVE AFFAIRS, SUCH AS THE SUC'S CORPORATE GOVERNANCE INITIATIVES; OFFICIAL INITIATIVES AND ACTIVITIES AMONG INTERNAL STAKEHOLDERS; AND OTHER PERTINENT ORGANIZATIONAL OR DIRECTORIAL FUNCTIONS.

Sec. 6. Section 6 of the same Act is hereby amended to read as follows:

"Sec. 6. The Administration. - The administration of the university or college shall be vested in the president of the university or college who shall render full-time service. He shall be appointed by the Board of Regents/Trustees, upon the recommendation of a duly constituted search committee. He shall have a term of [four (4)] SIX (6) years and shall be eligible for ONE (1) reappointment ONLY for another term, SUBJECT TO PERFORMANCE EVALUATION BY THE DULY CONSTITUTED SEARCH COMMITTEE: Provided, That this provision shall not adversely affect the terms of the incumbents. PROVIDED FURTHER, THAT THE OUTGOING PRESIDENT SHALL NOT MAKE ANY CHANGES IN THE CURRENT SUC CHARTER TO EXTEND HIS/HER TERM. PROVIDED FURTHER, UPON EXPIRATION OF THE TERM, IN RECOGNITION OF THEIR VALUABLE CONTRIBUTION AND LEADERSHIP, THE OUTGOING PRESIDENT SHALL BE APPOINTED TO THE POSITION OF FULL PROFESSOR. HOWEVER, IN CASE OF A VACANCY, THE OUTGOING PRESIDENT SHALL CONTINUE, IN A HOLDOVER CAPACITY, TO PERFORM HIS/HER DUTIES AND TO DISCHARGE HIS/HER RESPONSIBILITIES UNTIL THE SUCCESSOR IS DULY ELECTED AND QUALIFIED. The president shall be assisted by a vice president for academic affairs, who shall be A HOLDER OF A RELEVANT

DOCTORAL DEGREE IN A CHED-RECOGNIZED HEI, A VICE PRESIDENT FOR ADMINISTRATION, AND A VICE PRESIDENT FOR PLANNING AND FINANCE. SAID OFFICIAL appointed by the Board upon the [former'sl PRESIDENT'S recommendation without prejudice to the appointment of [more than one] OTHER vice presidentS when so warranted. XXX"

Sec. 7. A new Section to be denominated as Section 6-A is hereby inserted into

the same Act to read as follows: "SEC. 6-A. QUALIFICATIONS, - THE DULY APPOINTED PRESIDENT MUST HOLD AT LEAST A MASTER'S DEGREE RELEVANT TO THE MANDATE AND DIRECTIONS OF THE UNIVERSITY,"

Sec. 8. A new Section to be denominated as Section 7-A is hereby inserted into

the same Act to read as follows: "SEC. 7-B. PHILIPPINE HIGHER EDUCATION ACADEMY. - TO ESTABLISH SUCCESSION PLANNING AND CONTINUED PROFESSIONAL DEVELOPMENT FOR SUC LEADERSHIP, A PHILIPPINE HIGHER EDUCATION ACADEMY (PHEA) IS HEREBY ESTABLISHED UNDER THE DEVELOPMENT ACADEMY OF THE PHILIPPINES. THE ACADEMY SHALL PROVIDE HIGHER EDUCATION PERSONNEL IDENTIFIED TO HAVE POTENTIAL TO SERVE AS SUC OFFICIALS AND PRESIDENTS, WITH THE NECESSARY TRAINING FOR SENIOR LEADERSHIP ROLES IN HIGHER EDUCATION. THE SATISFACTORY COMPLETION OF SAID COURSE SHALL SERVE AS BASIS FOR ADDITIONAL CONSIDERATION OF THE QUALIFICATION AND ELIGIBILITY IN FAVOR OF THE ASPIRING CANDIDATE

FOR THE POSITION FOR SUC PRESIDENT, PROVIDED, THAT THE CRITERIA FOR THE SELECTION SHALL BE DETERMINED THROUGH A TRANSPARENT PROCESS GUIDED BY MERITOCRACY AND OVERALL QUALIFICATIONS.

Sec. 9. A new Section to be denominated as Section 13-A is hereby inserted

into the same Act to read as follows: "SEC. 13-A. NATIONAL UNIVERSITIES AND SPECIAL CHARTERS. - THIS ACT SHALL APPLY IN A SUPPLEMENTARY MANNER TO NATIONAL UNIVERSITIES, AND SUCS WITH SPECIAL CHARTERS OR MANDATES. THEIR AUTONOMY UNDER THEIR RESPECTIVE CHARTERS IS AFFIRMED, BUT THEIR GOVERNANCE SHALL BE HARMONIZED WITH CHED STANDARDS IN SUPPORT OF NATIONAL DEVELOPMENT PRIORITIES."

Sec. 10. A new Section to be denominated as Section 13-B is hereby inserted

into the same Act to read as follows: "SEC. 13-B. VOID RESOLUTIONS. - ANY RESOLUTION PROMULGATED BY ANY SUC GOVERNING BOARD SHALL BE DECLARED NULL AND VOID AB INITIO IF IT IS INCONSISTENT WITH EXISTING LAWS AND EXECUTIVE ISSUANCES."

Sec. 11. Section 11 of the same Act is hereby amended to read as follows:

"Sec. 11. Implementation. - The Chairman of the CHED is hereby directed to take [such steps as are necessary for] THE NECESSARY MEASURES TO ENSURE the immediate implementation of this Act.

SEC. 12. Separability Clause. - If any provision of this Act or Republic Act No.

8292 is declared unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

SEC. 13. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act or Republic Act No. 8292 is hereby repealed or modified accordingly.

SEC. 14. Effectivity. - Notwithstanding the non-issuance of the implementing

5 rules and regulations, this Act shall take effect fifteen (15) days following its complete 6 publication in the Official Gazette or a newspaper of general circulation. Approved,