Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.

Republic Act No. 9258 March 2, 2004

AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING AND CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

ARTICLE I
TITLE, DECLARATION OF POLICY, DEFINITION OF TERMS

Section 1. Title. - This Act shall be known as the "Guidance and Counseling Act of 2004,"

Section 2. Declaration of Policy. - It is hereby declared a policy of the Senate to promote the improvement, advancement and protection of the guidance and counseling services profession by undertaking and instituting measures that will result in professional, ethical, relevant, efficient, and effective guidance and counseling services for the development and enrichment of individuals and group lives.

The State recognizes the important role of guidance and counselors in nation-building and promotes the sustained development of reservoir of guidance and counselors whose competence have been determined by honest and credible licensure examinations whose standards of professional practice and service are world-class and Internationally recognized, globally competitive through preventive regulatory measures, programs and activities that foster their continuing professional development.

Section 3. Definition of Terms. - As used in this Act, the following terms shall mean:

a)Guidance and Counseling is a profession that involves the use of an integrated approach to the development of a well-functioning individual primarily by helping him/her potentials to the fullest and plan him/her to utilize his/her potentials to the fullest and plan his/her future in accordance with his/her abilities, interests and needs. It includes functions such as counseling subjects, particularly subjects given in the licensure examinations, and other human development services.

b) A guidance counselor is a natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and the Professional Regulatory Commission (PRC) in accordance with this Act and by virtue of specialized training performs for a fee, salary or other forms of compensation, the functions of guidance and counseling under Section 3 (a) of this Act.

ARTICLE II
THE PROFESSIONAL REGULATORY BOARD OF COUNSELING

Section 4. Creation of Professional Regulatory Board of Guidance and Counseling - There shall be created a Professional Regulatory Board of Guidance and Counseling, hereinafter referred to as the Board, Under the administrative control and supervision of the Professional Regulatory Commission, hereinafter referred to as the Commission, to be composed of a Chairman and two (2) members who shall be appointed by the Philippines from a list of three (3) recommendees for each position submitted by the Commission from a list of five (5) nominees for each position submitted by the accredited and integrated organization of guidance counselors.

Section 5. Powers, Functions, Duties and Responsibilities of the Board. - The professional Regulatory Board shall have the following specific powers, duties and responsibilities.

(a) Supervise and regulate the practice of Guidance and Counseling;

(b) Determine and evaluate the qualifications of the applicants for registration with or without licensure examinations and for issuance of special permits;

(c) Prepare the examination questions in accordance with Section 15 hereof or the modification thereof, and correct and rate the examination papers through a process of computerization;

(d) Prepare, adopt issue or amend the syllabi for the subjects in the licensure examination, in consultation with the Commission on Higher Education (CHED), the academe and the accredited professional organizations;

(e) Register successful examinees in the licensure examination and issue the corresponding certificates of registration ;

(f) Issue special/temporary permits to foreign guidance counselors to practice Guidance and Counseling for specific duration of time for a fee or on medical mission without a fee;

(g) Monitor the conditions affecting the practice of Guidance Counseling, conduct ocular inspection of places where guidance counselors practice their profession and adopt measures for the enhancement of the profession and the maintenance of high professional, technical and ethical standards;

(h) Ensure, in coordination with the CHED, that all education institutions offering the course/program of Guidance and Counseling comply with the policies, standards and requirements of the said course prescribed by the CHED in the areas of curriculum, faculty, library and facilities;

(i) Promulgate rules and regulations including a Code of Ethics, a Code of Technical Standards for guidance counselors and administrative policies, orders and issuances, to carry out the provisions of this Act.

(j) Investigates violations of this Act and the Rules and Regulations, Code of Ethics Code of Technical Standards, administrative policies, orders and issuances, promulgated by the Professional Regulatory Board. The Rule on administrative investigation promulgated by the Commission shall govern in such investigation;

(k) Issue subpoena or subpoena duces tecum to secure the attendance of respondents or witnesses or the production of documents relative to the investigation conducted by the Board;

(l) Render decision, order or resolution on preliminary investigation or inquiry against violators of this Act, Rules and Regulations, Code of Ethics, Code of Technical Standards or any policy on undocketed cases and the docketed administrative cases against examinees and registrants, which shall become final and executory unless appealed with the Commission within fifteen (15) days from receipt of the copy thereof;

(m) Issue, suspend, revoke or re-issue any license for the practice of Guidance and Counseling as defined in this Act.

(n) Administer oaths necessary for the effective Implementation of this Act;

(o) Initiate criminal action against any violator of this Act and/or the rules and regulation of the Board;

(p) Adopt the official seal of the Board;

(q) Prescribed guidelines and criteria on the continuing professional education (CPE);

(r) Adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of the profession; and

(s) Perform such other functions and duties as may be necessary to effectively implement this Act.

The policies resolutions and rules and regulations issued or promulgated by the Professional Regulatory Board shall be subject to review and approval by the Commission; however, the Board's decisions, resolutions orders which are not interlocutory, rendered in an administrative case, shall be subject to review only if on appeal with the Commission. The decision of the Board and/or the Commission may be appealed to the Court of Appeals in accordance with the Rules of Court.

Section 6. Qualification of Professional Regulatory Board Members. - The Chairman and members of the Professional Regulatory Board, at the time of their appointment shall;

(a) Be a citizen of the Republic of the Philippines ;

(b) Be a resident of the country for at least five(5) years immediately prior to his/her appointment ;

(c) Be of good moral character and must not have been convicted of any crime involving moral turpitude;

(d) Be a qualified guidance counselor holding a valid Certificate of Registration; Provided, That in the case of the first members of the Board of Guidance and Counseling, they shall be issued Certificates of Registration as guidance counselors without prior examination;

(e) Be a holder of a doctoral degree in Guidance and Counseling from a reputable college or university duly recognized by the CHED and/or by a duly accredited college or university abroad;

(f) Have at least ten (10) years of continuous professional practice as guidance counselor or counselor educator under this Act.

(g) Not be a member of the faculty of any school, college, or university where regular and/or review courses in guidance and counseling education is taught nor have any pecuniary interest in such institution; and

(h) Not be an official of the integrated and accredited national professional organization.

Section 7. Term of Office. - The members of the Board shall hold office for a term of three (3) years or until their successors shall have been appointed and qualified. They may, however, be reappointed for a second term. Of the members to be appointed for the first Board, one (1) member shall hold office as Chairman for three (3) years; one (1) as member for two (2) years; and one (1) member for a term of one (1) year. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath prior to assumption duty.

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. - All records of the Board, including application for examination and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provision of this Act.

Section 9. Compensation and Allowances of the Board. - The Chairman and members of the Boards shall received the compensation and allowances comparable to the compensation and allowances received by the chairman and members of existing regulatory board under the Commission as provided for in he General Appropriations Act.

Section 10. Grounds for Suspension and Removal of Board Members. - The president of the Philippines, upon the recommendation of the Commission, after giving the concerned member an opportunity to defend himself/herself a proper administrative investigation to be conducted by the Commission, may remove and suspend any member on the following grounds:

(a) neglect of duty or incompetence

(b) violating or tolerance of violating this Act or the Code of Ethics and Code of Professional and Technical Standards for guidance counselors;

(c) conviction by final judgement of crimes involving moral turpitude;

(d) manipulation of rigging of the licensure examination results, disclosure of secret information or the examination, or tampering of the grades therein; or

(e) conviction by the final judgement of any criminal offense by the courts.

Section 11. Annual Report. - The Chairman of the Board, shall after the close of the fiscal year, submit an annual report to the commission, giving a detailed accounting of the proceedings of the Board during the year and embodying such recommendation as the Board may desire to make.

ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE

Section 12. Examination Required - All applicants for registration for the practice of Guidance and Counseling shall be required to undergo a licensure examination to be given by the Board and the Commission in such places and dates as the Commission may designate in accordance with Republic Act No. 8981, subject to compliance with the requirements prescribed by the Commission.

Section 13. Qualification for Examination. - In order to qualify for the examination, an applicant must, at the time of filing the application be:

(a) a citizen of the republic of the Philippines or a foreigner whose country has reciprocity with the Philippines in the practice of Guidance and Counseling;

(b) has not been convicted of any offense involving moral turpitude by a competent court; and

(c) holder of a Bachelor's Degree in Guidance and Counseling or in other Allied Disciplines and a master's degree in Guidance and Counseling from an institution in the Philippines or abroad recognized or accredited by the CHED.

Section 14. Registration Without Taking Licensure Examination. - A person who possesses the pertinent qualifications required for admission in the examination for registration as guidance counselor pursuant to the provisions of this Act maybe registered without examination: Provided, That the applicant files with the Board within two (2) years after its creation, an application for registration and issuance of a Certificate of Registration and Professional Identification Card by submitting credentials showing that the applicant before the effectivity of this Act;

(a) Had been doctoral and masters degree holders in Guidance and Counseling with at least three (3) years of teaching Guidance and Counseling courses and/or full-time counseling practice for the same period;

(b) Had passed at least eighteen (18) units of Master's level courses in Guidance and Counseling such as Counseling Techniques/Theories, Organization or Administration of Guidance Services, Test and Measurements, Group Process/Counseling and Career Guidance/Counseling; and have at least seven (7) years of experience in counseling work; and

(c) Has completed academic requirements for a master's degree in guidance and counseling and have five (5) years experience as full-time guidance counselors.

Section 15. Scope of Examination. - The examination shall cover the following subject areas'

(a) Philosophical, Psychological and Sociological Foundations of Guidance;

(b) Counseling Theories, Tools and Techniques;

(c) Psychological Testing;

(d) Organization and Administration of Guidance Services; and

(e) Group Process and Program Development.

The Board, subject to approval by the Commission, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises.

Section 16. Report of Rating. - The Board shall, within ten (10) days after the examination, report the ratings obtained by each candidate to the Commission.

Section 17. Ratings in the Examination and Re-examination. - To be qualified as having passed the licensure examination for guidance and counselors, a candidate must have obtained a weighted general average of seventy-five (75%), with no grade lower than sixty (60%) in any given subject. However, an examinee who obtains a weighted average of seventy-five percent (75%) or higher but obtains a rating below sixty percent (60%) within two (2) years from the date of the last examination. The subjects or subjects retaken must have each a rating of no less than seventy-five (75%) in order to qualify as having passed the examination.

Section 18. Oath-Taking. - All successful examinees shall be required to take a professional oath before any member of the Board or any officer of the Commission authorized by the PRC, or any officer authorized by law.

Section 19. Issuance of Certificates of Registration and Professional Identification Card. - A Certificate of Registration as a guidance counselor shall be issued to any applicant who passes the examination or who is registered without examination, bearing the signature of the Commission Chairperson and Chairman and members of the Board, and official Seal of the Board.

A professional identification Card bearing the registration number, date of issuance, expiry date, duly signed by the Commission Chairperson shall likewise be issued to every registrant who has paid the prescribed fee.

Section 20. Roster of Guidance Counselors. - The Board, In coordination with the accredited professional organization, shall kept a roster of the names, residence and office addresses of all registered and licensed guidance counselors and the said roster shall be made available to the public upon request.

Section 21. Integration of Guidance Counselors. - All registered/licensed Guidance Counselors whose names appear in the roster of guidance counselors shall be united and integrated to their automatic membership in a one (1) and only registered and accredited national organization of registered/licensed Guidance Counselor which the Board, subject to approval by the Commission, shall recognized and accredit after consultation with all existing organizations of registered and licensed Guidance Counselors and, if possible with all those who are not members of any of the said organizations. The members in the said integrated and accredited national organizations shall received benefits and privileges appurtenant thereto upon payment of required fees and dues. Membership integrated organization shall not be a bar to membership in any association of Guidance Counselors.

Section 22. Indication of Certificate of Registration Number and Professional Tax Receipts (PTR). - The Guidance Counselors shall be required to indicate his/her Certificate of Registration number, the date of issuance, the period of validity of the license, including the professional tax receipt number on the documents he/she signs, uses or issues in connection with the practice of his/her profession.

Section 23. Practice Through Special/Temporary Permit. - Special/Temporary Permit maybe issued by the Board, subject to the approval of the Commission and payment of the fees the latter has prescribed and charged thereof, to the following persons:

(1) Licensed Guidance Counselors from foreign countries/states whose services are either for a fee or free;

(a) If they are internationally well-known counselors or outstanding experts in any branch or specialty of Guidance and Counseling; and

(b) If their services are urgently and importantly necessary for lack of, or inadequacy of available local specialists/experts for the promotion or advancement of the practice of guidance and counseling through transfer of technology.

(2) Licensed Guidance Counselors from foreign countries/states whose services shall be free and limited to indigent patients in a particular hospital, center or clinic;

(3) Licensed Guidance Counselors from foreign countries/states employed as exchange professors in branch or specialty of Guidance and counseling in schools, colleges, universities offering the course of guidance and counseling.

The permit shall, among other things, include these limitations and conditions for a period of not more than one (1) year subject to renewal, the branch or specialty of guidance and counseling, and the specific place of practice such as clinic, hospital, center, school/college/university offering the course of guidance and counseling. The Board, subject to approval by the Commission, shall prescribe rules and regulations on the implementation of this particular section.

Section 24. Denial, Suspension, Revocation of a Certification of Registration, Cancellation of Special Permit. - The application for registration and the issuance of a Certificate of Registration may be denied for any of these causes:

(a) Conviction of an Offense involving moral, turpitude by a competent court;

(b) Finding of Guilt by the Professional Regulatory Board for immoral and/or dishonorable conduct; and

(c) Declaration by the court of the applicant as being insane

The Certificate of Registration may be revoked or suspended, or the special permit may be cancelled for any of the above- enumerated causes including the following: fraudulent acquisition of Certificate of Registration and/or special permit; abetment or tolerance of illegal practice by unqualified person through the use by the latter of Guidance Counselor's Certificate, or special permit; Violation of any provision of this Act, Rules and Regulations of the Board and Commission and other policies thereof, including the Code of Ethics, and Code of Technical Standards or Guidance Counselors; unethical, immoral, dishonorable or unprofessional conduct; malpractice; guilty of drug or alcohol abuse impairing his/her ability to practice his/her profession; and practice of the profession during period of suspension by one whose Certificate of Registration had been suspended by the Board.

No certificate shall be denied, revoked or suspended or any of the reason herein provided, until after sworn complaint in writing against the applicant or holder thereof shall have been filed and heard in a public hearing or upon request, behind close doors.

Section 25. Reinstatement. - A person may apply to the Board for reinstatement of a certificate the issuance of which has been duly revoked at any time after the expiration of one (1) year from the date of revocation of the said certificate. The application shall be in writing and shall conform to requirement provided by the Board. No certificate shall be reinstated unless the Board is satisfied that a good cause exists to warrant such reinstatement.

Section 26. Appeal. - The decision on the denial or refusal to issue Certificate of Registration, the revocation or suspension of the Certificate of Registration, or cancellation of special permit by the Board shall be final unless appealed to the Commission within fifteen (15) days from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.

ARTICLE IV
PRACTICE OF GUIDANCE AND COUNSELING

Section 27. Prohibition Against the Practice of Guidance and Counseling. - No person shall (a) engage in the practice of guidance and counseling without a valid Certificate of Registration and the valid Professional Identification Card or a special permit; (b) make representations to the public or to third person as a licensed Guidance Counselor during the time that the licensed has been revoked or suspended, and, (c) allow anybody to use his/her license as guidance counselor to enable such unqualified individual to engage in the practice of guidance and counseling.

No corporation, partnership, association or entity shall operate a guidance and counseling office or center, or otherwise engage in the practice of guidance and counseling without securing a permit from the Board, which shall be issued only after it has satisfied itself that such establishment is properly staffed by duly licensed Guidance Counselors

Any unethical practice of guidance and counseling as may be defined in a Code of ethics and Code of Technical Standards to be prepared by the Board in consultation with Guidance Counselors, is prohibited

Section 28. Right to Privilege Communication for Guidance Counselor. - A certified guidance counselor who is allowed to practice guidance and counseling in accordance with this Act, without the consent of the client, be examined as to any communication or information which has been acquired while attending to such client. The protection accorded herein shall also extend to the records and secretary or clerk of a license guidance counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity.

Any evidence obtained in violation of this provision shall be inadmissible for any purpose and any proceeding

Section 29. Foreign Reciprocity. - No foreign Guidance Counselor shall be admitted to the examinations, or be given a certificate of Registration, or be entitled to any of the rights and privileges under this Act unless the country or state of which he/she is a subject or citizen permits Filipino Guidance Counselors to Practice within its territorial limits on the same basis as the subjects or citizen of said country or state: Provided, that the requirement for certification of Guidance Counselors in said foreign state or country are substantially the same as those required and contemplated under this Act: Provided, further, That the laws such states or country grant the same privilege to Filipino Guidance Counselors on the same basis as the subjects or citizens of such foreign state or country

Section 30. Funding Provisions.- The Chairperson of the Commission shall include in the Commission's Programs the implementation of this Act, the funding of which shall be included in the General Appropriations Act.

Section 31. Assistance of Law Enforcement Agency. - Any law enforcement agency shall, upon call or request of the Commission or the Board, render assistance in enforcing this Act, including all the rules and regulations promulgated thereunder by prosecuting the violators thereof in accordance with law and the Rules of Court.

Section 32. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of this Act,

Subject to the approval of the Commission, the Board shall promulgate the necessary rules and regulations, in coordination with the integrated and accredited professional organization, to implement the provisions of this Act, which shall be effective after fifteen (15) days following its publication in the Official Gazette or newspaper of general circulation.

Section 33. Penalty Clause. - Any person who violates any provision of this Act and the rules and regulations issued by the Board and the Commission or commits fraud in the acquisition of Certificate of Registration or Special Permit, shall be punished with imprisonment of not less that six (6) months but not more that eight (8) years, or a fine of not less that Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) or both in the discretion of the court.

Section 34. Separability Clause.- If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational

Section 35. Repealing Clause. - All laws, decrees, orders, circulars, rules and regulations and other issuances, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 36. Effectivity. - This Act shall take effect one (1) month after its publication in a newspaper of general circulation in the Philippines.

Approved,

FRANKLIN DRILON
President of the Senate


JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act which a consolidation of House Bill No. 5253 and Senate Bill No. 2126 was finally passed by the House of Representatives and the Senate on January 20, 2004 and February 19, 2004 respectively.

OSCAR G. YABES
Secretary of Senate


ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: March 2, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines
Congress of the Philippines
Metro Manila

Fourteenth Congress
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven.

Republic Act No. 9500 April 29, 2008

AN ACT TO STRENGTHEN THE UNIVERSITY OF THE PHILIPPINES AS THE NATIONAL UNIVERSITY

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 "University of the Philippines Charter of 2008."

SEC. 2. Declaration of Policy. - The University of the Philippines is hereby declared as the national university.

The State shall promote, foster, nurture and protect the right of all citizens to accessible quality education. Toward this end, it is the policy of the State to strengthen the University of the Philippines as the national university.

SEC. 3. Purpose of the University. - As the national university, a public and secular institution of higher learning, and a community of scholars dedicated to the search for truth and knowledge as well as the development of future leaders, the University of the Philippines shall perform its unique and distinctive leadership in higher education and development. The University shall:

(a) Lead in setting academic standards and initiating innovations in teaching, research and faculty development in philosophy, the arts and humanities, the social sciences, professions and engineering, natural sciences, mathematics, and technology; and maintain centers of excellence in such disciplines and professions;

(b) Serve as a graduate university by providing advanced studies and specialization for scholars, scientists, writers, artist and professionals, specially those who serve on the faculty of state and private colleges and universities;

(c) Serve as a research university in various fields of expertise and specialization by conducting basic and applied research and development, and promoting research in various colleges and universities, and contributing to the dissemination and application of knowledge;

(d) Lead as a public service university by providing various forms of community, public, and volunteer service, as well as scholarly and technical assistance to the government, the private sector, and civil society while maintaining its standards of excellence;

(e) Protect and promote the professional and economic rights and welfare of its academic and non-academic personnel;

(f) Provide opportunities for training and learning in leadership, responsible citizenship, and the development of democratic values, institutions and practice through academic and non-academic programs, including sports and the enhancement of nationalism and national identity;

(g) Serve as a regional and global university in cooperation with international and scientiGc unions, networks of universities, scholarly and professional associations in the Asia-Pacific region and around the world; and

(h) Provide democratic governance in the University based on collegiality, representation, accountability, transparency and active participation of its constituents, and promote the holding of fora for students, faculty, research, extension and professional staff (REPS), staff, and alumni to discuss non-academic issues affecting the University.

SEC. 4. The University System. - The University of the Philippines is a university system and shall be composed of constituent universities established solely by its Board of Regents upon the recommendation of the President of the University. The University of the Philippines System is composed of its existing constituent universities, as follows: University of the Philippines Diliman; University of the Philippines Manila; University of the Philippines Los Baños; University of the Philippines Visayas; University of the Philippines Mindanao; University of the Philippines Baguio; University of the Philippines Open University; and those that may be created in the future. It is referred to in this law as the "National Univerity."

SEC. 5. Academic Freedom. - The national university has the right and responsibility to exercise academic freedom.

SEC. 6. Academic Excellence. - The national university has the responsibility to maintain and enhance its high academic standards in the performance of its functions of instruction, research and extension, and public service.

SEC. 7. Commitment to National Development. - The national university shall harness the expertise of the members of its community and other individuals to regularly study the state of the nation in relation to its quest for national development in the primary areas of politics and economics, among others, identify key concerns, formulate responsive policies regarding these concerns, and give advice and recommendations to Congress and the President of the Philippines.

The Congress of the Republic of the Philippines, the Supreme Court and other lower courts, other government agencies and instrumentalities as well as any constitutional body may request the national university to conduct research or provide advice on any matter involving public policy. The budget for such research or request for advice shall come from the appropriation of these public agencies.

SEC. 8. Social Responsibility. - The national university is committed to serve the Filipino nation and humanity. While it carries out the obligation to pursue universal principles, it must relate its activities to the needs of the Filipino people and their aspirations for social progress and transformation. The national university may provide venues for student volunteerism.

SEC. 9. Democratic Access. - The national university shall take affirmative steps which may take the form of an alternative and equitable admissions process to enhance the access of disadvantaged students, such as indigenous peoples, poor and deserving students, including but not limited to valedictorians and salutatorians of public high schools, and students from depressed areas, to its programs and services.

No student shall be denied admission to the national university by reason solely of age, gender, nationality, religious belief, economic status, ethnicity, physical disability, or political opinion or affiliation.

The national university recognizes the separation of Church and State. It shall guarantee religious freedom and shall not discriminate on the basis of religion.

SEC. 10. Sports. - The national university shall undertake and support comprehensive sports programs that promote physical education, uphold excellence and encourage competitive participation in sports activities, instill school identity and solidarity, cultivate pride, self-discipline and teamwork which serve as a foundation for fostering active participation in the national university, as well as in nation building.

SEC. 11. Institutional Autonomy as the National University. - To provide greater flexibility, it shall be treated in a manner consistent with its institutional requirements as the national university by the service-wide agencies in the exercise of their respective jurisdiction. Taking into account national goals and priorities, it shall exclusively determine its teaching research and extension thrusts, plans, policies, programs and standard, and on the basis of such determination, the national university shall recommend its annual budget to the President of the Republic of the Philippines and Congress.

SEC. 12. The Board of Regents. -

(1) Composition - The Governance of the national university is vested in a board of regents known as the ":Board of Regents of the University of the Philippines System," hereinafter referred to as the ":Board,": composed of:

(a) The Chairperson of the Commission on Higher Education as Chairperson;

(b) The President of the University of the Philippines System as Co-Chairperson;

(c) The Chairperson of the Senate Committee on Education, Arts and Culture;

(d) The Chairperson of the House Committee on Higher and Technical Education;

(e) The President of the U.P. Alumni Association, to serve as Alumni Regent during his or her incumbency in that position;

(f) One Faculty Regent representing all teaching personnel, chosen in accordance with the rules and qualification set by the constituent university councils to serve for a term of two (2) years;

(g) One Student Regent, to serve for a term of one (1) year, chosen by the students from their ranks in accordance with rules and qualifications approved in a referendum by the students;

(h) One Staff Regent representing the full-time permanent research, extension, and professional staff (REPS) and administrative personnel, and chosen by them from their ranks in accordance with the rules and qualifications set by their duly recognized organizations, to serve for a term of two (2) years; and

(i) Three other Regents who have distinguished themselves in their professions or fields of specialization, to be appointed by the President of the Philippines, considering the recommendation of the Board. At least two (2) of these Regents should be alumni. All these Regents shall each serve for a term of two (2) years: Provided, That the Regents holding office as members of the Board at the time of the effectivity of this Act shall continue to serve until the expiration of their appointments as provided in Executive Order No. 204-A, issued by the President of the Philippines on July 15, 1987.

(2) Vacancy - In case of vacancy in the Board, except for the President of the University, such vacancy shall be filled in the same manner as provided for the predecessor, and such appointee shall hold office for the unexpired portion of the term. In case of a sectoral Regent, membership in the Board ceases upon suspension, separation, or recall.

(3) Compensation - Members of the Board shall serve without compensation other than reimbursement for actual and necessary expenses incurred in attendance to meetings of the Board or other official business authorized by the Board.

(4) Meetings;-Quorum - The Board shall convene regularly. The Chairpersons of the Board may call a special meeting whenever necessary: Provided, That members are notified in writing at least ten (10) working days prior to the meeting: Provided, further, That the notice shall contain a brief description of the agenda items to be discussed.

A majority of all members of the Board holding office at the time the meeting is called shall constitute a quorum for Board meetings.

In no case shall any and all members of the Board appoint representatives to act on their behalf: Provided, That the ex-officio members of the Board coming from Congress may participate and vote through teleconferencing or equivalent verifiable means of communication.

SEC. 13. Powers and Duties of the Board of Regents. - The administration of the national university and the exercise of its corporate powers are vested in the Board of Regents.

The Board shall exercise the following specific powers and duties:

(a) To define in general terms the thrusts of the national university and adopt broad policy guidelines to ensure their implementation;

(b) To preserve the integrity of the national university;

(c) To approve the institution, merger or abolition of academic programs, upon recommendation of the University Council of the constituent university concerned, through the President of the University;

(d) To approve the graduation of students and grant of honors, as recommended by their respective University Councils through the President of the University;

(e) To confer honorary degrees upon persons in recognition of learning, statesmanship, or eminence in literature, science, or art, upon recommendation of a committee created by the President of the University: Provided, That such degrees shall not be conferred in consideration of any payment, gift or other valuable consideration;

(f) To approve the rules on student discipline recommended by the University Councils through the President of the University, with the Board retaining the power to review and pass final judgment on student disciplinary cases;

(g) To create, organize, reorganize, merge or abolish constituent universities, colleges, institutes, and other academic and administrative units of the national university;

(h) To establish professorial chair awards;

(i) To provide fellowships, scholarships and grants, including athletic grants and to award the same to faculty, staff and students having special evidence of merit, especially those who are poor and deserving individuals;

(j) To elect the President of the University for a single term of six (6) years following a process of democratic consultation with the university community based on standards and guidelines set by the Board. In the event of a vacancy, the Board shall elect a president who shall serve a full term. A Chancellor chosen by the Board may act as Officer-in-Charge of the national university when the search process is in progress. In no case shall the search and election of the next President be longer than ninety (90) calendar days from the date when the vacancy occurs;

(k) To appoint faculty members and other officials and employees, to draw up a position classification and compensation plan for its faculty and staff, and, any law to the contrary notwithstanding, to fix and adjust salaries and benefits of the faculty members and other employees: Provided, That salaries and other benefits of the faculty shall be equivalent to those being received by their counterparts in the private sector; to determine the hours of service of faculty and staff, and such other terms and conditions of employment as it may deem proper; to grant leave of absence under such regulations as it may promulgate, any other provisions of law to the contrary notwithstanding; and to remove them for cause as provided by law after due investigation and proper hearing;

(l) To extend, with their consent, the tenure of faculty members of the national university beyond the compulsory retirement age, any other provision of law to the contrary notwithstanding, on recommendation of the units upon endorsement of the President of the national university, whenever their services are especially needed: Provided, however, That no extension of tenure shall be made beyond the age of seventy (70);

(m) To fix the tuition fees and other necessary school charges, as the Board may deem proper to impose, after due and comprehensive consultation with the students concerned. Such fees and charges, including government support and other income generated by the national university, shall constitute special trust funds and shall be deposited in an authorized government depository bank. Any and all interest that shall accrue therefrom shall form part of the same funds for the use of the national university.

Notwithstanding any provision of law to the contrary, all incomes generated by the national university or by its subsidiaries shall, upon their collection, be retained by the national university and disbursed at the discretion of the Board for the professional growth and development, health, welfare, and other benefits of the students, faculty members and other personnel; for the acquisition, construction, maintenance and repair of urgently needed instructional and auxiliary facilities, equipment, buildings and other infrastructure; and for expenses necessary for the attainment of its purposes under its approved program of expenditures.

If the national university, for reasons beyond its control, shall not be able to pursue any project for which funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said fund for any reasonable purpose for which it deems necessary and urgent for the attainment of the objectives of the national university: Provided, That funds collected from students for a specific purpose shall not be reprogrammed to other expenditures;

(n) To receive and appropriate all sums as may be provided by law for the support of the national university to the ends specified by law, and all other sums in the manner it may, in its discretion, determine to carry out the purposes and functions of the national university;

(o) To authorize the construction, maintenance or repair of its buddings, machinery, equipment and other facilities, and the purchase and acquisition of real and personal properties, including necessary supplies, materials and equipment;

(p) To receive in trust legacies, gifts and donations of real and personal property of all kinds and to administer and dispose the same when necessary for the benefit of the national university and subject to the instructions of the donor, if any;

(q) Notwithstanding any provision of law to the contrary, to authorize its faculty and staff to travel abroad to study, deliver papers, attend conferences and disseminate research: Provided, That the fellowship, scholarship or grant is authorized by the Board: Provided, finally, That research and other activities funded by the national university shall likewise undertake research in fields or topics that have promising commercial applications, and that the faculty and staff involved in said research be allowed to participate in its financial or economic benefits;

(r) To exercise the general powers set out in the Corporation Code;

(s) To delegate any of its powers to the President of the University or other officials or officers as it may deem necessary;

(t) To prescribe rules for its own government and the discipline of the faculty and other personnel and to enact for the government of the national university such general policies, rules and regulations, not contrary to law, as are consistent with its purposes; and

(u) To exercise such powers as may be proper and necessary to carry out the objectives of this Act.

SEC. 14. The President of the University. - The President of the University is the chief academic officer, head of the university faculty and the chief executive officer of the University. The President of the University shall exercise the powers specifically provided for in this Act, those determined by the Board, those which pertain to the office of the president of a university, and those which are related or necessary to its functions. The Board shall determine the compensation of the President of the University.

The President of the University shall be appointed by the Board and shall serve for a single term of six (6) years.

SEC. 15. The Secretary of the University and of the Board of Regents. - There shall be a Secretary of the University appointed by the Board, who shall also be the Secretary of the Board, and who shall keep such records, of the University as may be designated by the Board.

SEC. 16. The University Council. - There shall be in each constituent university a University Council consisting of the Chancellor as Chairperson, and all faculty members in the constituent university holding the rank of assistant professor and higher as members.

SEC. 17. Powers of the University Council. - The University Council shall be the highest academic body of each constituent university and shall exercise the following powers:

(a) Fix the requirements for admission to any college or unit, graduation, and the grant of honors subject to the minimum system-wide requirements;

(b) Prescribe the academic programs including their institution, revision, abolition and merger, subject to the approval of the Board;

(c) Recommend to the Board the graduation of students and the grant of honors;

(d) Exercise disciplinary power over the students, through the Chancellors or their appropriate committees, subject to review by the President of the University according to the limits prescribed by system-wide rules on student discipline;

(e) Undertake the periodic review of academic courses, programs, standards, thrusts and policies; and

(f) Adopt internal rules of procedure consistent with the provisions of this Act.

SEC. 18. The Chancellor of the Constituent University. - The Administration of each constituent university is vested in the Chancellor insofar as authorized by the Board and the President of the University. The Chancellor of the constituent university shall be elected by the Board upon nomination of the President of the University, following a process of consultation with the constituents of the constituent university based on standards and guidelines set by the Board. The Chancellor shall report to the President of the University, and shall perform the duties and functions elsewhere stated in this Act, and all the usual, necessary and related functions of the Office of the Chancellor, subject to the policies and rules prescribed by the Board. The Board shall determine the term and compensation of the Chancellor. If a Chancellor fails to complete his/her term, the President shall appoint an acting Chancellor while a search process is in progress. In no case shall the search and election of the next Chancellor be longer than sixty (60) calendar days from the date when the vacancy occurs.

SEC. 19. The Faculty. - The teaching staff of each college shall constitute its faculty. The College Faculty shall be presided over by a Dean. The Dean shall be elected by the Board upon nomination of the President of the University and recommendation of the Chancellor of the constituent university, following a process of consultation with the constituents of the college based on standards and guidelines set by the Board.

If a Dean fails to complete his/her term, the Chancellor shall appoint an acting Dean while a search process is in progress. In no case shall the search and election of the next Dean be longer than sixty (60) calendar days from the date when the vacancy occurs.

SEC. 20. Appointment Requisites and Practice of Profession. - Faculty members, as well as research, extension and professional staff (REPS) of the national university, shall be exempt as such from any civil service examination or regulation as a requisite to appointment. The provisions of existing law to the contrary notwithstanding, licensing requirements for professional regulatory boards shall not affect appointments to faculty positions. In the appointment of faculty members, no religious test shall be applied, nor shall the religious or political opinions or affiliations of the faculty members of the national university be made subject of examination or inquiry.

SEC. 21. Student Affairs. - (a) There shall be established in the national university the following student councils: for every college and degree-granting institute, a college or institute student council; and for every constituent university, a university student council; and for the University System, a general assembly of all student councils.

The student council shall be composed of elected students of a definite academic unit of the national university. Each member of the student council shall serve for a term of one (1) year, without prejudice to reelection.

The student council shall serve as the primary student body that shall advance the interests, welfare, and aspirations of the students of the national university. It shall have the power to adopt internal rules of procedure consistent with the provisions of this Act.

(b) Subject to due and comprehensive consultation with the students, there shall be a student publication established in every constituent unit and college to be funded by student fees. Freedom of expression and autonomy in all matters of editorial and fiscal policy shall be guaranteed especially in the selection of its editors and staff.

SEC. 22. Land Grants and Other Real Properties of the University. -

(a) The State shall support the University of the Philippines System as the national university in the form of lump sum amount, through general appropriations and other financial benefits, and in kind, through land grants and donations and use of other real properties. To carry out the intent of these grants, income derived from the development of all land grants and real properties shall be used to further the end of the national university, as may be decided by the board;

(b) Such parcels of land ceded by law, decree or presidential issuance to the University of the Philippines are hereby declared to be reserved for the purposes intended. The absolute ownership of the national university over these landholdings, including those covered by original and transfer certificates of title in the name of the University of the Philippines and their future derivatives, is hereby confirmed. Where the issuance of proper certificates of title is yet pending for these landholdings, the appropriate government office shall expedite the issuance thereof within six months from the date of effectivity of this Act: Provided, That all registration requirements necessary for the issuance of the said titles have been submitted and complied with;

(c) The Board may plan, design, approve and/or cause the implementation of land leases: Provided, That such mechanisms and arrangements shall sustain and protect the environment in accordance with law, and be exclusive of the academic core zone of the campuses of the University of the Philippines: Provided, further, That such mechanisms and arrangements shall not conflict with the academic mission of the national university;

(d) The Board may allow the use of the income coming from real properties of the national university as security for transactions to generate additional revenues when needed for educational purposes;

(e) The Board may approve the implementation of joint ventures: Provided, That in the event real properties of the national university are involved, only the income derived by the University from the use of the real properties shall be the subject of its participation or obligation in the joint ventures: Provided, further, That no joint venture shall result in the alienation of the real properties of the national university; and

(f) Any plan to generate revenues and other sources from land grants and other real properties entrusted to the national university shall be consistent with the academic mission and orientation of the national university as well as protect it from undue influence and control of commercial interests: Provided, That such programs, projects or mechanisms shall be approved by the Board subject to a transparent and democratic process of consultatim with the constituents of the national university: Provided, further, That funds generated from such programs, projects or mechanisms shall not be meant to replace, in part or in whole, the annual appropriations provided by the national government to the national university.

SEC. 23. Safeguards on Assets Disposition. - The preservation of the value of the assets of the national university shall be of primordial consideration.

The sale of any existing real property of the national university shall be prohibited: Provided, That the Board may alienate real property donated after the effectivity of this Act if the terms of the donation specifically allow it.

Notwithstanding the provision of this Act or any other law to the contrary, the lease of more than five (5) years of the assets of the national university and any transaction referred to in Section 22 shall be subject to the following conditions and procedures:

(a) The transactions shall be discussed with the members of the Board, in any of its formally convened regular or special meeting, at least one (1) month before a decision is to be made;

(b) The transactions shall be based on a multi-year comprehensive development plan, crafted and developed by qualified urban planning professionals having at least five (5) years experience, with prior consultations with and concurrence of third-party experts and duly approved by a majority vote of all the members of the Board;

(c) The transactions shall be subject to competitive and public bidding as provided under Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act";

(d) In the case of two (2) failed biddings and negotiated transactions, if undertaken, the Board, when considering the approval of any such transaction, shall secure a fairness opinion report from an independent third-party body. This body shall have five (5) members, three (3) of which shall be nominated by the Bankers Association of the Philippines (BAP), Investment Houses Association of the Philippines (IHAP), Trust Officers Association of the Philippines, or the Financial Executive Institute of the Philippines (FINEX). The members shall be entitled to a reasonable per diem as the Board may specify.

The fairness opinion report shall contain a statement expressing the opinion of the body as to the fairness to the national university of the terms of the proposed transaction, particularly its financial terms. The report shall include, but not limited to, a review and analysis of the proposed transaction, financial statements, industry information, economic conditions assumptions using management projections and the assumptions used therein and a comparison of similar transactions: Provided, That if the Board differs with the fairness opinion report they shall justify their decision in writing and make this available to the community of the national university.

This provision shall not apply to leases granted to faculty and staff as part of their benefit and those for academic purposes; and

(e) If the contract or transaction involves an amount more than Fifty Million Pesos (P50,000,000.00), it shall be approved by three-fourths (3/4) of all the members of the Board: Provided, That the splitting of contracts, which is by breaking up a contract into omaller quantities or amounts or dividiizg contract implementation into artificial or arbitrary phases or subcontracts for the purpose of circumventing this provision, shall not be allowed.

SEC. 24. Managenzent of Funds. - (a) There shall be an independent trust committee to be composed of the President of the University, as Chairperson, one (1) representative each nominated by the Bankers Association of the Philippines (BAP), the Investment Houses Association of the Philippines (IHAP), the Trust Officers Association of the Philippines (TOAP) and the Financial Executive Institute of the Philippines (FINEX). The members shall be entitled to a reasonable per diem as the Board may specify. (b) The independent trust committee shall recommend to the Board five (5) universal banks selected on a prudent basis which trust departments shall manage the corporate and other funds through trust agreements of the national university on a non- directed basis: Provided, That any such agreement shall be for a period of not more than two (2) years. (c) The independent trust committee shall provide the Board with direction on appropriate investment objectives and permissible investments with the view to preserving the value of the funds while allowing the University to earn a reasonable return thereon.

SEC. 25. Tax Exemptions. - The provisions of any general or special law to the contrary notwithstanding:

(a) All revenues and assets of the University of the Philippines used for educational purposes or in support thereof shall be exempt from all taxes and duties;

(b) Gifts and donations of real and personal properties of all kinds shall be exempt from the donor's tax and the same shall be considered as allowable deductions from the gross income of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended: Provided, That the allowable deductions shall be equivalent to 150 percent of the value of such donation. Valuation of assistance other than money shall be based on the acquisition cost of the property. Such valuation shall take into consideration the depreciated value of property in case said property has been used;

(c) Importation of economic, technical, vocational, scientific, philosophical, historical and cultural books, supplies and materials duly certified by the Board, including scientific and educational computer and software equipment, shall be exempt from customs duties;

(d) The University shall only pay 0% value-added tax for all transactions subject to this tax; and

(e) All academic awards shall be exempt from taxes.

SEC. 26. Reportorial Requirements and Auditing of Accounts. - The national university shall submit an annual report to Congress containing the financial statements, statement of assets and liabilities, actual projected income from tuition fees and other revenue sources, contracts and investment entered into pursuant to Section 22 (c) hereof and programs of expenditure. All accounts and disbursements of the national university shall be audited by the Commission on Audit.

SEC. 27. Rules of Construction. - No statutory or other issuances shall diminish the powers, rights, privileges and benefits accorded to the national university under this Act or enjoyed at present, by it under other issuances not otherwise modified or repealed under this Act, unless subsequent legislation expressly provides for their repeal, amendment or modification. Any case of doubt in the interpretation of any of the provisions of this Charter shall be resolved in favor of the academic freedom and fiscal autonomy of the University of the Philippines.

SEC. 28. Appropriations. - The amount needed to carry out the implementation of this Act shall be charged against the lump sum appropriation of the current fiscal year and other internal funds of the national university. Thereafter, such lump sum representing the responsibility of the national government for the continued growth, operatian and maintenance of the national university shall be included in the annual General Appropriations Act (GAA).

The national university may use unexpended balances in any appropriation for purposes that the Board determines.

In addition to the regular appropriations and increases for the university under the annual GAA, a centennial fund shall be appropriated in the amount of One Hundred Million Pesos (P100,000,000.00) per year for a period of five years, which shall likewise be included in the annual GAA.

SEC. 29. Separability Clause. - Should any provision herein be declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SEC. 30. Repealing Clause.. - Act No. 1870, as amended, and all laws, decrees, orders, rules, and regulations or other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation in the Philippines.

Approved,

(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives


(Sgd.) MANNY VILLAR
President of the Senate

This Act which is consolidation of Senate Bill No. 1964 and House Bill No. 2845 was finally passed by the Senate and the House of Representatives on March 5, 2008 and March 4, 2008 respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives


(Sgd.) EMMA LIRIO-REYES
Secretary of Senate

Approved: April 29, 2008

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines
Congress of the Philippines
Metro Manila

Eighth Congress

Republic Act No. 7168 December 26, 1991

AN ACT CONVERTING THE PHILIPPINE NORMAL COLLEGE INTO A STATE UNIVERSITY TO BE KNOWN AS THE PHILIPPINE NORMAL UNIVERSITY

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

Section 1. The Philippine Normal College in the City of Manila with branches in the Municipality of Prosperidad in the Province of Agusan, Municipality of Alicia in the Province of Isabela, Cadiz City in the Province of Negros Occidental and Municipality of Lopez in the Province of Quezon is hereby converted into a state university to be known as the Philippine Normal University, hereinafter referred to as the University. The main campus of the University shall be in the City of Manila.

Section 2. The University shall primarily provide higher professional and special instructions for special purposes and to promote research and extension services, advance studies and progressive leadership in education and other fields as may be relevant.

Section 3. The University shall offer undergraduate and graduate courses in the fields of education and other degree courses as the Board of Regents may deem necessary to carry out its objectives.

Section 4. The University shall have the general powers of a corporation set forth in the Corporation Law. The Administration of the University and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the President of the University insofar as authorized by the Board.

Section 5. The governing body of the University shall be the Board of Regents, hereinafter referred to as the Board, which shall be composed of the following:

Secretary of Education, Culture and Sports, Chairman

President of the University, Vice Chairman

Chairman of the Committee on Education of the Senate, Member

Chairman of the Committee of Education of the House of Representatives, Member

Representative of the National Economic and Development Authority, Member

President of the Federation of Faculty Associations of the University, Member

President of the Federation of Supreme Student Councils of the University, Member

In addition, the Board may appoint as members, the following when deemed necessary:

President of the Federation of Employees Associations of the University

Two (2) prominent citizens who have distinguished themselves in the fields of specialization of the University.

The Presidents of the Federation of Alumni Associations and of the Federation of Employees Associations, as well as the two (2) prominent citizens so appointed by the Board shall have the same powers, authority and privileges as the regular members of the Board.

The Secretary of Education, Culture and Sports, the President of the University, the Education Committee Chairmen of the Senate and the House of Representatives, and the representative of the National Economic and Development Authority shall have an ex officio term of office, while the Presidents of the Federation of the Faculty Associations and the Federation of Student Councils and, when deemed necessary, the President of the Federation of Alumni Associations and the Federation of Employee Associations shall serve for one (1) year, and when likewise necessary, the two (2) prominent citizens shall serve for four (4) years and two (2) years, respectively.

For the purpose of the provision of this Section, the associations of faculty, alumni and employees associations and student councils in each campus of the University shall organize their respective federations.

Section 6. The Board shall promulgate and implement policies in accordance with the declared state policies on education and other pertinent provisions of the Constitution on education, arts, culture and sports.

Section 7. The Board shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the Board of Directors of a corporation under existing laws:

a) To enact rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the University;

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

c) To import duty-free essential commodities, materials and equipment for educational or technological programs as an exception to existing laws, provided such commodities, materials and equipment are not available locally;

d) To receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose the same when necessary for the benefit of the University and subject to the limitations, directions and instructions of the donor, if any. Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor;

e) To fix tuition fees and other necessary school charges, such as but not limited to matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose. Such fees and charges, including government subsidies and other income generated by the University, constituted special trust funds and shall be deposited in any authorized government depository bank. Any and all interests that shall accrue therefrom shall form part of the same funds for the use of the University. Any provisions of existing laws to the contrary notwithstanding, incomes generated by the University, may at the discretion of the Board be disbursed for the professional growth and development, health, welfare and other similar benefits of the faculty members and personnel, for the acquisition, construction, maintenance and repair of urgently needed instructional and auxiliary facilities, equipment, buildings and other infrastructures and for expenses necessary for the attainment of its purposes under this Act. If for any reason, the University shall not be able to pursue any project for which funds have been appropriated for reasons beyond control allocated under its approved program of expenditures, the Board may authorized 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 authorize the construction or repair of its buildings, machines, equipment and other facilities and the purchase and acquisition of real and personal properties, including necessary supplies, materials and equipment. Purchases and other transactions entered into by the University through the Board shall be exempt from all taxes and duties;

g) To confirm appointments of vice presidents, deans, directors, heads of departments, faculty members and other officials and employees of the University made by the President of the University;

h) To fix and adjust salaries of faculty members and administrative officials and employees;

i) To approve the curricula, institutional programs and rules of discipline drawn by the Administrative and Academic Councils as herein provided;

j) To confer degrees upon successful candidates for graduation, to award honorary degrees upon persons in recognition of outstanding contribution in the field of education, or in any field of specialization;

k) To establish branches in the cities and provinces if and when it becomes essential and necessary where there is no existing school offering similar programs or courses to promote and carry out equal access to education opportunities as mandated by the Constitution;

l) To establish chairs in the University and to provide fellowships for qualified faculty members and scholarships to deserving students.

Section 8. A quorum of the Board shall consist of a majority of all members holding office at the time of the meeting: provided, however, that among those present are the Secretary of Education, Culture and Sports who is the Chairman of the Board, or the President of the University who acts as the presiding officer in the former's absence. The Board shall convene regularly once every two (2) months. The Chairman of the Board may call a special meeting whenever necessary.

The members of the Board shall not receive any salary but shall be entitled to reimbursement for actual and necessary expenses incurred either for attendance in meetings of the Board or for other official business authorized by resolution of the Board subject to existing laws on honoraria and allowances.

Section 9. The University shall be headed by a President to be appointed by the President of the Philippines upon recommendation of the Board and shall hold office for a term of six (6) years without reappointment unless he reaches the age of retirement or earlier removed for cause or incapacitated to discharge the duties of the office.

In case of vacancy in the Office of the President of the University by reason of death, resignation, incapacity of the President of the University to perform the functions of his office, or removal for cause, the Board shall have the authority to designate an officer-in-charge of the University pending the appointment of a successor. The new President of the University shall hold office for the unexpired term but in no case shall his term be more than six (6) years subject to the provision of the pending paragraph.

The powers and duties of the President of the University, in addition to those specially provided in this Act, shall be those usually pertaining to the Office of the President of the University.

The salary of the President of the University shall be fixed by the Board and shall be comparable to that being received by the President of similar educational institution of like enrollment and standing.

Section 10. The President of the University, whose term may be terminated according to this Act, shall be entitled to full retirement benefit under existing laws.

Section 11. There shall be an Administrative Council consisting of the President of the University, as Chairman, the vice president(s), deans, directors, and other officials of equal rank, whose duty is to implement the policies governing the administration, management and development planning of the University as provided by the Board.

Section 12. There shall be an Academic Council with the President of the University as Chairman and all the members of the instructional staff with the rank of not lower than assistant professor as members. The Academic Council shall have the power to prescribe curricular offerings subject to the approval of the Board. It shall fix the requirements for admission to the University as well as for graduation and the conferring of degrees subject to review and/or approval by the Board through the President of the University. It shall also have disciplinary power through the President of the University over the student within the limits prescribed by the rules of discipline as approval by the Board.

Section 13. There shall be a Secretary of the University who shall be appointed by the Board upon recommendation of the President of the University. He shall also be the Secretary of the Board and shall keep such records of the University as may be determined by the Board.

Section 14. The Treasurer of the Philippines shall be the ex officio treasurer of the University.

Section 15. Members of the faculty of the University shall be exempt from any civil service examination or regulation as a requisite for appointment. No religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the University: provided, however, that no member of the faculty shall teach for or against any particular church or religious sect.

Section 16. The President, the vice president(s), the deans, the professors and all members of the faculty and other personnel of the University shall be exempt from the rules and regulations of the Office of Compensation and Position Classification and the Civil Service Commission.

Section 17. No student shall be denied admission to the University by reason of sex, nationality, religion or political affiliation.

Section 18. The University shall enjoy academic freedom.

Section 19. The incumbent head of the Philippine Normal College, if qualified under the rules and regulations of the Department of Education, Culture and Sports shall be the officer-in-charge of the University pending the appointment of the President of the University.

Section 20. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board shall file with the Office of the President of the Philippines through the Secretary of Education, Culture and Sports and to both Houses of Congress a detailed report on the progress, conditions and needs of the University.

Section 21. All the assets, fixed and movable, personnel and records of the Philippine Normal College in the City of Manila and its branches in the Municipality of Prosperidad in the Province of Agusan, Municipality of Alicia in the province of Isabela, Cadiz City in the province of Negros Occidental and Municipality of Lopez in the Province of Quezon, as well as liabilities or obligations, are hereby transferred to the University: provided, however, that the positions, rights, and security of tenure of personnel therein employed under existing laws prior to absorption by the University are not impaired: provided, further, that the incumbent of the positions shall remain the same status until otherwise provided for by the Board. All parcels of land belonging to the Government occupied by the Philippine Normal College in the City of Manila and its existing branches are hereby declared to be the property of the Philippine Normal University, and shall be titled under that name: provided, that should the university cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the University, the same shall revert to the provinces, municipalities or cities where they are located.

Section 22. All accounts and expenses of the University shall be audited by the Commission on Audit or its duly authorized representative.

Section 23. Heads of bureaus and offices of the National Government are hereby authorized to loan or transfer, upon request of the President of the University such apparatus, equipment or supplies as may be needed by the University, and to detail employees for duty therein, when, in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to the public service. 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 official service.

Section 24. It shall be a continuing policy of the University to accept the affiliation and/or integration within its operation of any existing national schools whose program can contribute largely and effectively to the attainment of its objectives: provided, however, that in case of integration, the Secretary of Education, Culture and Sports is hereby authorized to determine and approve the specific existing national schools that are to be integrated as part of the University. In this particular case, it is understood that all funds, properties, and other assets as well as obligations of the integrated schools shall be transferred to the University.

Section 25. The appropriations for the Philippine National College and its existing branches, are hereby transferred to the University. Such amount as may be necessary for the continued operation and maintenance of the University shall be included in the annual General Appropriations Act.

Section 26. All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 27. This Act shall take effect upon its approval.

Approved: December 26, 1991.

Act No. 74, Education Act of 1901

[No. 74.]

AN ACT establishing a department of public instruction in the Philippine Islands, and appropriating forty thousand dollars ($40,000) for the organization and maintenance of a normal, and a trade school in Manila, and fifteen thousand dollars ($15,000) for the organization and maintenance of an agricultural school in the island of Negros for the year 1901


By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

Section 1. A Department of Public Instruction for the Philippine Islands is hereby established, the central office of which shall be in the city of Manila. All primary instruction in the schools established or maintained under this act shall be free.

Sec. 2. All schools heretofore established in the Philippine Islands, under the auspices of the Military Government, are hereby declared to be in the Department of Public Instruction established by section one and are made subject to the control of the officers of this department.

Sec. 8. The chief officer of this department shall be denominated the Geneml Superintendent of Public Instruction and shall be appointed by the Commission. His annual salary shall be six thousand dollars ($6,000). He shall have the following powers and duties, to be exercised and discharged under the general supervision of the Military Governor:

(a) He shall establish schools in every pueblo in the Archipelago, where practicable, and shall reorganize those already established, where such reorganization is necessary.

(b) He shall appoint, in accordance with Act No. 25, enacted October 17, 1900, a City Superintendent of Schools for Manila, and Division Superintendents of Schools for other parts of the Archipelago, and the teachers and clerks authorized by law, and shall prescribe the duties of such teachers and clerks.

(c) He shall fix the salaries of the division superintendent and teachers within the limits established by law.

(d) He shall fix a curriculum for primary, secondary and other public schools and shall decide in what towns secondary schools shall be established.

(e) He shall divide the Archipelago into School Divisions, not more than ten (10) in number, and shall fix the boundaries thereof, with power to change the same when necessary, but the city of Manila and its barrios shall constitute one of such school divisions.

(y) He shall prescribe the authority to be exercised by the Principal Teacher of each school over the other teachers, if any, and his duties in caring for the school house and school property.

(g) He shall prescribe plans for the construction of school houses to be built by the municipalities, the amount of land required in each case, and rules of hygiene which shall be observed in connection with the schools of the Archipelago.

(h) He shall make contracts for the purchase of school supplies authorized by law, and, whenever practicable, he shall invite bids by public advertisement and shall award the contract to the lowest responsible bidder.

(i) He shall have power to determine the towns in which English teachers, to be paid out of the Insular Treasury, shall teach. He may exercise this discretion in favor of those towns showing their loyalty to the United States by their peaceful condition, and in favor of those towns which shall construct and maintain suitable school houses by local taxation or contributions.

(j) In case of a vacancy in the office of a division superintendent or that of the Superintendent for Manila, he shall discharge all the duties of such position during the vacancy, or may make a temporary appointment to till the same.

(k) He shall examine and pass upon all requisitions made for funds by division superintendents and forward them, with his recommendation, to the Chief Executive for submission to the Commission.

(l) On or before January first and July first of each year, he shall make a report of his administration for the previous six months to the Military Governor and to the Commission, and such special reports as may from time to time be called for by either. In the regular semi-annual reports, it shall be the duty of the Superintendent to recommend changes in the school law which he deems expedient.

(m) He shall exercise general supervision over the entire department, and shall prepare and promulgate rules for the examination and determination of the qualifications of applicants for positions of division superintendents and teachers, and for the guidance of the officers and teachers of the department, adapted to carry out this law and not inconsistent with its provisions.

Sec, 4. There shall be a superior advisory board of education composed of the General Superintendent and four members to be appointed by the Commission. It shall be the duty of the Board to hold regular meetings once in two months, on a day to be fixed l)y resolution of the Board, and such special meetings as shall be called by the General Superintendent. The General Superintendent shall act as President of the Board. The chief clerk of the General Superintendent shall act as Secretary of the Board and keep minutes of its proceedings. It shall be the duty of the Board to assist the General Superintendent by advice and information concerning the educational needs and conditions of the Islands; to make such investigations as the General Superintendent may desire and to make recommendations to the Commission from time to time as to needed amendments to the law. Each of the four members of the Board, appointed by. virtue of this section, shall receive as compensation ten dollars for each regular or special meeting which he shall attend. Any member of the Board who is a non-resident of Manila shall be paid his actual and necessary expenses for travel from his residence to Manila and his return and hotel expenses. Requisitions for the amount required to pay such compensation and expenses shall be made by the General Superintendent. The terms of office of the members of such Board appointed under this section shall be for three years or until their successors are appointed and qualified.

Sec. 5. There shall be a City Superintendent of Schools in the city of Manila who shall receive an annual salary of three thousand dollars ($3,000.)

Sec. 6. In each school division established by the General Superintendent of Public Instruction, there shall be a Division Superintendent who shall receive an annual salary of not less than two thousand dollars ($2,000) and not more than twenty-five hundred dollars ($2,500.)

Sec. 7. The actual expenses of the General Superintendent and the Division Superintendents while traveling or absent from their usual

5 laces of residence on official business shall be paid out of the Insular Treasury.

Sec. 8. Except where otherwise provided, provisions of this act describing the duties and powers of division superintendents shall apply to the City Superintendent for Manila.

Sec. 9. Each division superintendent shall, subject to rules prescribed by the General Superintendent, under section 3 {m)^ appoint the native school teachers to serve in the schools within his district and shall fix their salaries from year to year within the limits prescribed by law. He shall examine the school houses occupied for public instruction within his division with a view to determining their suitableness and hygienic condition. Should the school house in which any school is conducted appear to the Division Superintendent to be unsuitable and dangerous for the health of the children, and should no other school house be available, he shall have power^ subject to the approval of the General Superintendent, to discontinue such school, and it shall be unlaw- ful thereafter to use the school house thus condemned for public school purposes. He shall pass upon and accept or reject or modify the plans lor any new school house, proposed by the loc^l authorities to be erected,

and for the proposed site thereof, and shall make report of his action thereon to the Geneml Superintendent of Public Instruction. If the local authorities or the local school board shall be dissatisfied with the decision of the Division Superintendent as to the suitableness of the plans or site of the proposed school house, they may appeal to the Gen- eral Superintendent, whose decision shrill be final. He shall make careful investigations into the agricultural conditions existing in his division and shall make report thereon to the General Superintendent of Public Instruction, with a view to aiding the General Superintend- ent in making recommendations as to the places and number of the agi'icultural schools hereafter to be established. He shall see to it by personal visits and by requiring repoilis from the principal teachei-s of each school that the curriculum for primary and secondaiy schools pre- scribed bv the Genei*al Superintenaent of Public Instruction is com- plied with. He shall make himself familiar with the supplies and text Dooks needed in each school in his division, and shall make report of the same at as early a date as possible, in order that they maj^ be con- tracted for and funiished by the General Superintendent. He shall appoint one-half of the local school board in each pueblo in his divi- sion, as provided in section 10. He shall have and maintain his resi- dence and an office in one of the large towns in his division, from which all the pueblos in his district can be most conveniently reached.

Sec. 10. There shall be established in each municipality organized under anv General Order of the Military Governor or under such municipal code as may be hereafter ena<;ted, a local school board, con- sisting of four or six members, as the Division Superintendent may determine, in addition to the President or Alcalde of the Municipality, who shall be a member ex-officio. One half of the members, except the member ex-officio, shall be elected by the Municipal Council, and the remaining half shall be appointed by the Division Superintendent, and the term of office of all members, holding by appointment or elec- tion, shall be two years and until their successors snail have been duly elected or appointed. Sec. 11. £\ie appointed or elected membera of the local school board may, after due notice and hearing, be removed at any time by the Division Superintendent, subject to the approval of the General Super- intendent of Public Instruction, who shall have power to suspend such membera temporarily.

Sec. 12. It shall be the power and duty of the local school board: —

(a) To \nsit from time to time the schools of the pueblo and to report bi-monthly to the Division Superintendent their condition and the attendance of pupils;

(J) To recommend sites and plans to the Municipal Council for school houses to be erected;

(c) Where there are two or more schools in the pueblo, to adopt rules, subject to the supervision of the Division Superintendent, for a;ssiening the pupils of the pueblo to the several schools;

(a) To report annually te the Municipal Council the amount of money which should be raised for the current year by local taxation for school purposes;

{e) To report, whenever it shall deem necessary, directly to the General Superintendent as to the condition of the schools of the pueblo and to make suggestions in respect thereto as may seem to it expedient.

Sec. 13. Every pueblo shall constitute a school district and it shall

be the duty of the Municipal Council thereof to make as ample pro- vision as possible by loc«il taxation for the support of all the schools established within its jurisdiction. In exceptional cases, where the topography of the country or the difficulty of communication between parts of the same pueblo require it, the Division Superintendent may attach a part of one pueblo to the school district of another and shall, in such case, fix the amount which it will be just for the Municipal Council of the former to contribute to the annual school expense of the latter.

Sec. 14. The English language shall, as soon as practicable, be made the basis of all public school instruction, and soldiers mav be detailed as instructors until such time as they may be replaced by trained teachers.

Sec. 15. Authority is hereby given to the General Superintendent of Public Instruction to obtain from the United States one thousand trained teachers at monthly salaries of not less than seventy-five dol- lars ($75) and not more than one hundred and twenty-five dollai*s ($125), the exact salary of each teacher to be fixed by the General Superintendent of Public Instruction in accordance with the efficiency of the teacher in question and the importance of the position held. The necessary tmveling expenses of sucn teachers from their places of residence to Manila shall be paid by the government.

Sec. 16. No teacher or other person shall teach or criticise the doc- trines of any church, religioas sect or denomination, or shall attempt to influence the pupils for or against any church or religious sect m any public school established under this act. If any teacher shall intentionally violate this section, he or she shall, after due hearing, be dismissed from the public service.

Provided, however, that it shall be lawful for the priest or minister of any church established in the pueblo where a public school is situ- ated, either in person or by a designated teacher of religion, to teach religion for one half an hour three times a week in the school building to those public school pupils whose parents or guardians desire it and express their desire therctor in writing tiled with the Principal Teacher of the school, to be forwarded to' the Division Superintendent, who shall fix the hours and rooms for such teaching. But no public school teacher shall either conduct religious exercises or teach religion or act its a designated religious teacher in the school building under the fore- going authority, and no pupil shall be required by any public school teacher to attend and receive the religious instinct ion herein permit- ted. Should the opportunity thus given to teach religion be used by the priest, minister or religious teacher for the purpose of arousing disloyalty to the United States, or of discouraging tne attendance of pupils at such public school, of creating a disturbance of public order, or of interfering with the discipline of the school, the Division Superintendent, subject to the approval of the Genei'al Superintendent of Public Instruction, may, after due investigation and hearing, forbid such offending priest, minister or religious teacher from entering the public school building thereafter.

Sec. 17. There shall be established and maintained in the city of Manila a Normal School for the education of natives of the islands in the science of teaching. The rules and plan for the organization and conduct of such school and the qualifications of pupils entering the stiino, shall ))e dotcrmined by the Gcneml Sui^erintendent of Public Instruction.

Sec. 18. There shall l)e established and maintained in the city of Manila a Trade School for the instruction of natives of the islanas in the useful trades. The powers and duties of the General Superin- tendent in respect to this school shall be the same as those provided Ui the section in respect to the Normal School.

Sec. 19. There shall be established and maintained a School of Agriculture in the island of Negros. The Superior Advisoiy School Board shall recommend to the Commission for final detennmation a proper site for such school. The powers and duties of the General Superintendent in respect to this school shall be the same as those pro- vided in the section concerning the Normal School.

Sec. 20. The General Superintendent of Public Instruction is authorized and directed, under the supervision of the Military Gov- ernor, to procure the making of plans and estimates for the creation of such school buildings as he may deem necessary and practicable at the present time, including a building or buildings for the Normal School in Manila and a building or builoings for the Tiude School directed to be established in sections 17 and 18 hereof. The estimated cost of such buildings and their proper equipment shall not exceed four hundred thousand dollai-s ($400,000). Such plans and estimates shall be sub- mitted to the Commission.

Sec. 21. The General Superintendent of Public Instruction is directed to prepare and submit to the Commission through th^ Military Gov- ernor a statement showing the text books and other supplies which will be needed for the year 1901, the estimated cost of which shall not exceed the sum of two hundi-ed and twenty thousand dollars (1220,000).

Sec. 22. The sum of twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated for the organization and maintenance of the Normal School in Manila for the year 1901.

Sec. 23. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary , is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, for the organiza- tion and maintenance of the Trade School in Manila for the year 1901.

Sec. 24. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for the organization and maintenance of the School of Agriculture for the year 1901.

Sec. 25. Nothing in this act shall be construed in any way to forbid, impede or obstruct the establishment and maintenance of private schools.

Sec. 26. Whenever sums of money are mentioned in this act, they shall be understood to be money of the United States.

Sec. 27. This act shall take effect on its passage.

Enacted, January 21, 1901. .