Local Universities and Colleges Governance Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 A11:11 SENATE S. No. _ Introduced by Senator Francis G. Escudero AN ACT INSTITUTIONALIZING A GOVERNANCE FRAMEWORK FOR THE ESTABLISHMENT, OPERATION AND RECOGNITION OF LOCAL UNIVERSITIES AND COLLEGES AND FOR OTHER PURPOSES EXPLANATORY NOTE Local Universities and Colleges (LUCs) are higher educational institutions (HEls) that are run by Local Government Units. According to data collated by the Second Congressional Commission on Education (EDCOM II), LUCs served 354,917 or 8.52% of all higher education enrollees in academic year (AY) 2023-2024. This is an increase of 168.02% compared to their recorded enrollment in AY 2011-2012. It is also the highest recorded leap in enrollment among all HEIs. Moreover, LUCs have a distinct role compared to other public HEIs. According to EDCOM II, LUCS "emphasize affirmative action more by incorporating socioeconomic factors, such as family income and household education profiles, into their admission processes." However, the distinct role of LUCs has yet to be properly recognized by the pertinent regulatory authorities. According to EDCOM II, the horizontal and vertical typology of HEIs- as promulgated by the Commission on Higher Education through CMO no. 46 s. 2012- does not include LUCs. As such, EDCOM II recommended the development of "...a framework for the establishment and sustainability of existing HEls, especially LUCs." This bill addresses that policy gap by institutionalizing a governance framework for the establishment, operation, and recognition of LUCs. It sets clear guidelines for their creation by LGUs, outlines the standards for academic program offerings and institutional recognition by CHED, and provides for a structured governing board to ensure accountability and quality assurance. The bill also defines the roles of CHED, LGUs, and other stakeholders in supporting LUCs, ensures academic freedom and non- discrimination, and strengthens mechanisms for long-term sustainability and educational excellence among these locally run institutions

In view of the foregoing, the passage of the measure is earnestly sought. FRANCIS G. ESEUDERO

TWENTIETH CONGRESS OF THE ) First Regular Session REPUELIC OF THE PHILIPPINES 25 JUL 14 All :11 SENATE S. No. 504 Introduced by Senator Francis G. Escudero AN ACT INSTITUTIONALIZING A GOVERNANCE FRAMEWORK FOR THE ESTABLISHMENT, OPERATION AND RECOGNITION OF LOCAL UNIVERSITIES AND COLLEGES AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Local Universities and

3 Colleges Governance Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

protect and promote the right of all citizens to quality education and to take 6 appropriate steps to make education accessible to all. In line with this policy, in 7 cognizance of the constitutional mandate to establish, maintain, and support a 8 complete, adequate, and integrated system of education relevant to the needs of the people and society, the State shall develop the policies, standards and guidelines for the establishment, operation and recognition of local universities and colleges (LUCs) to realize the following objectives: (a) Promotion of quality and excellence among LUCs and enhancement of their capability to provide accessible and quality education; (b) Provision of mechanisms to extend assistance, incentives and other forms of support in the establishment and operation of qualified LUCs;

(c) Establishment of clear relationship between the LUCs, Commission on 2 Higher Education (CHED), local government units (LGUs) and other relevant stakeholders; (d) Improvement of quality assurance mechanisms and educational standards 5 of LUCs that is consistent with local and international guidelines; and (e) Cultivation of unique institutional identities and specialization of LUCS in 7 providing access to higher education;

Sec. 3. Definition of Terms. As used in this Act:

(a) Certificate of Program Compliance or COPC shall refer to a recognition issued for specific undergraduate or graduate program offered by an HEI that complies with CHED policies, standards and guidelines pertinent to such program; (b) Higher Education shall refer to the stage of formal education or its equivalent pursuant to the Performance Qualifications Framework (PQF) as provided under Republic Act No. 10968 or the PQF Act, requiring completion of secondary education and covering programs of study leading to bachelor and advanced degrees, including associate degrees; (c) Higher Education Institution or HEI shall refer to an education institution authorized and recognized by CHED to offer bachelor's degrees or graduate courses; (d) Institutional Recognition shall refer to the process by which CHED grants recognition to HEIs that comply with its policies, standards and guidelines in the operation of education institution and the offering of programs and courses; (e) Local Government Unit or LGU shall refer to autonomous regions, provinces, cities, or municipalities; (f) Local Universities and Colleges or LUCs shall refer to CHED-recognized public HEIs established through an enabling ordinance of a local sanggunian or an act of Congress, financially supported by the LGU concerned, and compliant with the policies, standards and guidelines of the CHED; (g) Non-degree Program shall refer to post-secondary program below the bachelor / baccalaureate degree; (h) Ordinance shall refer to an enabling act of a Sanggunian creating a particular LUC and which shall serve as the charter of the LUC concerned;

(i) Sanggunian shall refer to local legislative bodies which shall include Sangguniang Panlalawigan in the case of provinces, Sangguniang Panlungsod in the case of cities, and Sangguniang Bayan in the case of municipalities; and (i) Search Committee shall refer to a body duly constituted by an LUC governing board in accordance with the policies, standards and guidelines of the 6 CHED, to search, screen, and recommend eligible candidates for LUC president and other officials of the college or university.

Sec. 4. Coverage. - The provision of this Act shall apply to the following

9 institutions: (a) Existing LUCs created pursuant to a law or ordinance, including the Pamantasan ng Lungsod ng Maynila created by virtue of Republic Act No. 4196, entitled "An Act Authorizing the City of Manila to Establish and Operate the University of the City of Manila and for Other Purposes"; (b) Prospective HEIs to be established and operated by LGUs through a local ordinance; (c) Existing technical-vocational institutions established and operated by an LGU offering non-degree programs with pending application for institutional recognition as a college, professional institution or university; and (d) Existing LUCs which have not been previously granted institutional recognition by the CHED or have not complied with the latter's policies, standards and guidelines.

Sec. 5. Establishment and Operation of Local Colleges. - A local college shall

be established and operated by an LGU through an ordinance duly enacted for that purpose by the provincial, city or municipal Sanggunian: Provided, That prior to the enactment of the said ordinance, the LGU establishing a local college shall consult with the CHED, through its regional office exercising jurisdiction over LGU where the local HEI is intended to be established, to ensure full compliance with the policies, standards and guidelines issued by the CHED in accordance with the provisions of this Act.

Prior to the operation of a newly-established local college, the local college 2 concerned shall submit to the CHED the following requirements for review and 3 approval: (a) Local ordinance or law that provides for the charter of the LUC concerned: 5 Provided, That the ordinance shall, at the minimum, incorporate the provisions for the following: (i) Composition and powers of the LUC Governing Board; (ii) Administration of the LUC; iti) Minimum qualifications and term of office for the LUC President; (iv) Selection process for the LUC President; (v) Organizational, administrative, and academic structure and staffing pattern; and (vi) Annual appropriations for the LUC from the LGU concerned: Provided, further, That the ordinance to be enacted by the Sanggunian shall be in accordance with the provisions of this Act; (b) Feasibility study containing information including, but not limited to, the necessity for a LUC in the area, the human resource requirements of the industry, the determination of programs and courses to be offered, and the financial capacity of the LGU to establish and sustain the operations of the LUC; (c) Certification of availability of funds issued by the Treasurer of the LGU concerned, as provided under the pertinent provisions of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991"; (d) A project development plan with a program of work that includes the allocation of a school site with appropriate size and location, a blueprint of the architectural design of its buildings and other physical facilities, and provisions for acquisition of instructional materials and equipment; and (e) A five- (5-) year institutional development plan duly approved by the provincial, city or municipal Sanggunian, which shall include, but not be limited to the following: i) annual budgetary allocation; ii) organizational structure and composition of the LUC Governing Board; and iii) personnel complement indicating the plantilla of positions to be hired and the procedure for hiring non-plantilla items duly approved by the Civil Service Commission (CSC).

Sec. 6. Offering of Higher Education Programs. - LUCs shall secure approval

from the CHED prior to the offering of any higher education program, as evidenced 3 by the issuance of Certificate of Program Compliance (COPC): Provided, That in case of a new higher education programs, LUCs shall be conditionally authorized to offer the same upon the issuance of a Report on the Result of Preliminary Assessment by the CHED that indicates the readiness and capability of the LUC concerned to operate 7 such program/s: Provided, further, That only LUCs that secured a COPC from CHED 8 for the undergraduate or graduate program/s offered shall be eligible to apply for the 9 issuance of a special order for graduation of its students.

Sec. 7. Grant of Institutional Recognition. - The CHED shall grant institutional

11 recognition to the LUC upon compliance with all of its policies, standards and guidelines for institutional recognition. LUCs with institutional recognition as HEIs shall be eligible to avail of benefits and privileges including, but not limited to, the following: (a) Inclusion in the Philippine Higher Education Institution Registry; (b) Grants, subsidies and benefits under Republic Act No. 10931 or the "Universal Access to Quality Tertiary Education Act" and other existing laws, rules and regulations; and (c) Support services provided by CHED for human resource development of HEIs, including, but not limited to: appropriate scholarships for post-graduate studies, continuing professional development programs, and other capacity building activities.

Sec. 8. Elevation of Local Colleges to the Status of Local University. - A local

college, upon the recommendation of the Board to the Sanggunian concerned, may file an application with the CHED to elevate its status to local university: Provided, That a local college shall be elevated to university status only upon its compliance with the policies, standards and guidelines of the CHED and after successfully undertaking the appropriate accreditation process with a reliable accreditation body: Provided, further, That a local college, upon conversion into a local university, shall continue to be operated by the LGU concerned in coordination with the CHED.

Sec. 9. LUC Governing Board. - The governing board of LUCs, hereinafter

referred to as the Board, is hereby vested in the Board of Regents for local universities and Board of Trustees for local colleges, which shall be composed of the following: (a) Local Chief Executive of the LGU concerned as Chairperson; (b) President of the LUC, as Vice-Chairperson; (c) Chairperson of Committee on Education of the Sanggunian concerned; (d) President of the duly-recognized faculty association; (e) President of the duly-recognized supreme student council or government; (f) President of the duly-recognized non-academic and non-teaching 10 personnel association; (g) President of the duly-recognized alumni association; (h) A representative from the CHED, to be designated by the Chairperson of the CHED; and (i) A representative from the duly-recognized business or industry sector, who is of known probity and distinction in their respective fields of expertise in the municipality, city, or province where the LUC is located, and who shall be appointed by the Board to a term of two (2) years. The faculty, non-academic and non-teaching personnel, student council, and 19 alumni associations shall be represented by the president of their respective federations in the case of multi-campus universities and colleges. The Board may, in the conduct of its business, invite resource persons from the regional or provincial offices of the Department of Agriculture, Department of Economy, Planning, and Development, Department of the Interior and Local Government, and Department of Science and Technology exercising jurisdiction where the main campus of the LUC is located.

Sec. 10. Meetings and Quorum of the LUC Governing Board. - The Board shall

regularly convene at least once every three (3) months. The Chairperson of the Board may, however, call a special meeting whenever necessary: Provided, That members are notified in writing at least three (3) days prior to said meeting.

A majority of all members holding office shall constitute a quorum for board meetings: Provided, That the Chairperson or Vice-Chairperson of the Board is among 3 those present in the meeting. In the absence of the Chairperson of the Board, a representative to the board meeting who was duly designated by the Chairperson 5 shall have all the rights and responsibilities of a regular member: Provided, however, 6 That in the said meeting, the President of the LUC as Vice-Chairperson shall act as 7 the presiding officer. The members of the Board and the invited resource persons shall serve without compensation, but they shall be reimbursed for actual and necessary expenses 10 incurred in their attendance of meetings of the Board or in connection with their official business authorized by resolution of the Board, subject to existing laws and regulations.

Sec. 11. Powers and Duties of the LUC Governing Board. - The Board, as the

highest policymaking body of the LUC, shall exercise the following powers and duties in addition to its general powers of administration and powers granted to the board of directors of a corporation under Republic Act No. 11232, otherwise known as the "Revised Corporation Code of the Philippines": (a) Promulgate and implement policies, guidelines, rules, regulations and procedures in accordance with the declared State policies on education, other pertinent provisions of the Constitution and the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994"; (b) Approve the curricula, instructional programs, and rules on student discipline drawn by the administrative and academic councils in accordance with the existing CHED policies, standards and guidelines; (c) Recommend to the Local Chief Executive the appointment of LUC President from the list of three (3) qualified candidates based on the recommendation of a search committee duly constituted by the Board for selecting the LUC President; (d) Confirm the appointments of school officials and teaching and non- teaching personnel appointed by the President of the LUC;

(e) Prescribe the salaries of faculty members and administrative officials and 2 employees of the LUC, subject to the provisions of Republic Act No. 11466, otherwise 3 known as the "Salary Standardization Law of 2019", civil service rules and regulations 4 governing hours of service and such other requirements and conditions, other 5 pertinent laws, rules and regulations; (f) Fix the tuition fees and other necessary school charges, such as 7 matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose, after due consultation with the concerned sectors. The fees and charges, including government subsidies and other income generated by LUC, shall constitute its funds to be used exclusively in the pursuit of its mandate as LUC, and shall be deposited in any authorized government depository bank. All interests that 12 shall accrue therefrom shall form part of the same funds for the use of the LUC. The fees and charges collected by the LUC, including government subsidies 14 and proceeds from other income sources, as well as interests that would accrue therefrom, shall be retained by the LUC concerned: Provided, That in no case shall the said income be used for the payment of allowances and other benefits not authorized by law: Provided, further, That all fiduciary fees shall be disbursed for the specific purpose for which they were collected. Notwithstanding any provision of law to the contrary, the Board may authorize, for such reasonable and legal purposes for which it deems necessary and urgent for the attainment of the objectives of the LUC, the use of: (i) any unexpended balance whose fiduciary character has been ipso facto removed pursuant to the grant of subsidy under Republic Act No.10931, otherwise known as the "Universal Access to Quality Tertiary Education Act"; and/or (ii) any appropriation for any project under the duly approved program of expenditures of the LUC, for reasons beyond its control, would not be able to pursue: Provided, That funds collected from students for specific purposes shall not be realigned or reprogrammed to other expenditures; (g) Adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving student, if in case the LUC is not a recipient of 30 any government subsidy for such purpose;

(h) Establish professorial chairs in the LUC and to provide fellowships for qualified faculty members, and scholarships to deserving students; (i) Receive and appropriate budget as may be provided, to support the 4 institution in the manner it may determine, in its discretion, to carry out the purposes 5 and functions of the LUC; (i) Set the policies on admission, retention and graduation of students, including the award of degrees, titles, diplomas, and certificates; (k) Award honorary degrees upon persons in recognition of their outstanding contributions in the fields of education, public service, arts, science and technology, sports and human kinetics or any field of specialization within the academic competency of the LUC and authorize the awarding of certificates of completion of nondegree and nontraditional courses, subject to the policies, standards and guidelines of the CHED; (I) Institutionalize and strengthen research and extension programs to promote the development of the LUC, and to establish knowledge-sharing mechanisms with the LGU and stakeholders in support of LGU governance and administration processes; (m) Institutionalize and strengthen programs that prioritize and support the 19 LGU's development programs and capacity development needs; (n) Approve academic arrangements for capacity building of the institution, with appropriate institutions and agencies, public or private, local or foreign, and to appoint experts/specialists as consultants, or visiting or exchange professors, scholars, researchers, as the case may be, consistent with the provisions of existing laws, rules, regulations and guidelines relative to such academic arrangements; (0) Adopt modern and innovative modes of knowledge transfer for the promotion of greater access to education such as, but not limited to, the use of information technology, the dual training system, open distance learning, and community laboratory, in accordance with relevant policies, standards and guidelines of the CHED; (p) Approve the absorption/adoption of LGU acquired non-chartered tertiary institutions within their respective province, city or municipality in coordination with 32 the CHED and other relevant agencies, and offer therein programs or courses to carry

1 out the constitutional mandate of providing equal access of students to educational 2 opportunities; (q) Authorize, as may be needed, an external management audit of the LUC 4 to institute reforms, including academic and structural changes, on the basis of the 5 audit results and recommendations; (r) Develop consortia and other forms of linkages with LGUs, government 7 agencies, and private institutions, both local and foreign, in furtherance of the 8 purposes and objectives of the LUC; (s) Import books or publications, instruments, equipment and apparatuses for 10 economic, technical-vocational, scientific, medical, philosophical, historical, legal or cultural purposes; (t) Ensure the efficient management of non-academic services such as medical and dental, guidance and counseling, career and job placement, canteen, buildings, grounds, property maintenance and similar services; (u) Receive in trust legacies, gifts and donations of real and personal 16 properties of all kinds, and administer and dispose of the same when necessary for 17 the benefit of the LUC, subject to limitations, directions and instructions of the donors, 18 if any; (v) Coordinate with the Sanggunian to ensure regular support for the 20 development, operation, and maintenance of the LUC, and to provide policy recommendations on matters concerning higher education and other related 22 development concerns; (w) Implement LGU-approved construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personal properties including necessary supplies, materials and equipment; (x) Establish policy guidelines and procedures for participative and transparent 27 decision-making within the LUC; and (Y) Delegate any of its powers and duties to the President and other officials of LUC, as it may deem appropriate, to efficiently and effectively administer the affairs of the LUC.

Sec. 12. LUC President. - The administration of the LUC shall be vested in the

2 LUC President who shall be appointed by the Local Chief Executive upon the recommendation of the Board, subject to guidelines, qualifications and standards set by the Board, and based on the recommendation of a search committee duly 5 constituted for the purpose of selecting the LUC President. The LUC President shall render full-time service and shall have a term of four 7 (4) years eligible for reappointment to another term. Within six (6) months before the expiration of the term of Office of the LUC President, the Board shall constitute the 9 Search Committee for the Presidency, and shall ensure the appointment or 10 reappointment of a president on or before the expiration of the term. The powers and duties of the LUC President, in addition to those specifically 12 provided for in this Act, shall include those usually pertaining to the Office of the 13 President of similar education institutions and those delegated by the Board. The salary of the President of the LUC shall be in accordance with Republic Act No. 11466, or the Salary Standardization Law of 2019, and such other laws amendatory thereto, which may hereinafter be enacted, and on the joint circular for local universities and colleges' leveling instruments, and policies, standards and 18 guidelines of the CHED and the Department of Budget and Management (DBM): Provided, that the DBM shall, in consultation with the CSC, modify the Index of 20 Occupational Services, Position Titles and Salary Grades in the Local Government to ensure availability of plantilla position for LUC officials and employees, avoid salary distortion among local government personnel, and ensure compliance of LGUs with the general limitations on the use of local government funds as provided under Republic Act No. 7160, otherwise known as the "Local Government Code of 1991". In case of a vacancy in the Office of the LUC President by reason of death, 26 compulsory retirement, resignation, removal for cause, or incapacity to perform the 27 functions of the office, the Board shall immediately recommend to the Local Chief Executive the designation of an Officer-in-Charge (OIC) for the LUC, pending the 29 appointment of a new President.

Sec. 13. Minimum Qualifications for LUC President. - The President of the LUC

2 shall have the following minimum qualifications: (a) A Filipino citizen; (b) Not less than thirty-five (35) years nor more than sixty-one (61) years of 5 age at the time of application; (c) A holder of an earned doctorate degree defined as Level 8 in the PQF, awarded by a CHED-recognized HEI or by a foreign HEl accredited by an appropriate 8 foreign regulatory body where such foreign HEl is located; (d) With proven track record as HEI administrator or high-level management 10 executive or administrator, whether in the public or private sector, for at least five (5) 11 years; and (e) Must not have been convicted of final judgment for a crime involving moral turpitude, or any offense punishable by imprisonment for a period exceeding six (6) 14 years, administrative suspension for a period exceeding twelve (12) months, or 15 dismissal from service.

Sec. 14. LUC Secretary. - The Board shall designate a Secretary who shall serve

as such for both the Board and the LUC, and shall keep all records and proceedings of meetings of the Board. The LUC Secretary shall serve upon each member of the 19 Board the appropriate notice of board meetings.

Sec. 15. LUC Administrative Council. - There shall be an Administrative Council

consisting of the LUC President as chairperson and the vice presidents, deans, 22 directors, and other officials of equal rank, as members. The Administrative Council shall review and recommend to the Board the policies that shall govern the 24 administration, management, and development planning of the LUC.

Sec. 16. LUC Academic Council. - There shall be an Academic Council, which

26 shall formulate academic policies of the LUC concerned. It shall be composed of the 27 LUC President as 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 on student discipline, 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 to the review and approval of the Board through the LUC President. It shall exercise disciplinary power over the students of the LUC and shall formulate rules and regulations on student discipline, subject to the approval of the 8 Board.

Sec. 17. LUC Faculty. - No political belief, sex, gender, cultural or community

10 affiliation, ethnic origin, or religious opinion or affiliation shall be a matter of inquiry in the selection of faculty members of the LUCs: Provided, That the same shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That no member of the LUC faculty shall teach for or against any particular religious denomination.

Sec. 18. Loan or Transfer of Supplies, Apparatuses or Equipment, or Detail of

Personnel to the LUC. - The heads of government agencies and instrumentalities, 17 national or local, may, upon the request of the board through the LUC President, loan or transfer supplies, apparatuses, or equipment, or detail personnel to the LUC concerned: Provided, That such loan, transfer or detail shall not be detrimental to 20 public service. The personnel to be detailed to the LUC shall perform such duties as may be 22 deemed required by the LUC President and the time spent for such duties shall be 23 counted as part of the detailed personnel's regular service.

Sec. 19. Management of Assets, Liabilities and Personnel. - Real property

25 owned by LGUs may be transferred under the name of the LUC once it is allocated for the exclusive use of the LUC and its transfer of ownership in the name of the LUC is approved through an ordinance duly passed by LGUs. All other personal properties, personnel and records of the LUCs, as well as its liabilities or obligations, shall remain under the name of the LUC concerned: Provided, That the positions, rights, and security of tenure of faculty members and personnel therein employed under existing

1 laws shall be respected: Provided, further, That the incumbents occupying the 2 positions shall remain in the same status until otherwise provided for by the Board: 3 Provided, finally, That the LUCs shall also accordingly upgrade or increase their 4 respective human resource component as may be deemed appropriate by the Board. All parcels of land of LUCs shall revert to the original owner or donor, or the 6 LGU, in the event that LUCs cease to exist or be abolished, or should the said parcels 7 of land be no longer needed by LUCs: Provided, That such reversion shall not impair 8 obligation of contracts.

Sec. 20. Duty and Tax Exemptions. - The importation of books or publications,

10 instruments, equipment and apparatuses made by the LUCs which are for economic, 11 technical-vocational, scientific, medical, philosophical, historical, legal or cuitural purposes, upon certification by the CHED, shall be exempt from customs duties in 13 accordance with the provisions of Republic Act No. 10863, otherwise known as the 14 "Customs Modernization and Tariff Act". All grants, bequests, endowments, donations, and contributions made to and 16 used actually, directly, and exclusively for educational purposes by the LUCs shall be exempt from donor's tax and the same shall be considered as allowable deductions from gross income for purposes of computing the taxable income of the donor in 19 accordance with the provisions of the National Internal Revenue Code of 1997, as 20 amended.

Sec. 21. Admission. - No student shall be denied admission to any LUC by

reason of political belief, sex, gender, cultural or community affiliation, ethnic origin, religious opinion or affiliation, physical disability, or any other forms of discrimination.

Sec. 22. Academic Freedom. - All LUCs shall enjoy academic freedom in

accordance with Article XIV, Section 5(5) of the Constitution.

Sec. 23. Supervisory, Monitoring, and Visitorial Powers of the CHED. - The

performance of all LUCs shall be subject to the supervision, monitoring, and evaluation 28 by the CHED through its regional offices.

The CHED shall, in the issuance of academic policies and standards affecting 2 LUCs, ensure the delivery of quality education, taking into account the different characteristics, peculiar needs, the distinct features of the LUCs, their organizational set-up, and their operation, among other considerations.

Sec. 24. Transitory Provision. - In the exigency of service, all LUCs which are

6 already operating at the time of the effectivity of this Act shall be allowed to continue 7 their operations for a period of three (3) years to comply with the policies, standards and guidelines for institutional recognition as provided under this Act. Failure to 9 comply within the prescribed period shall result in the phase-out of the higher 10 education programs offered by the non-compliant LUC.

Sec. 25. Implementing Rules and Regulations. - Within ninety (90) days from

12 the effectivity of this Act, the CHED shall, in coordination with the Association of Local Colleges and Universities, DBM, DILG, CSC, League of Provinces of the Philippines, League of Cities of the Philippines, and League of Municipalities of the Philippines, and other stakeholders concerned, promulgate the rules and regulations to effectively implement the provisions of this Act.

Sec. 26. Separability Clause. - If any provision or part hereof is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Sec. 27. Repealing Clause. - All laws, acts, decrees, executive orders,

21 issuances, and rules and regulations or parts thereof which are contrary to and inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 28. Effectivity. - This Act shall take effect immediately after its complete

publication in the Official Gazette or in a newspaper of general circulation. Approved,