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designate in writing one of the CHED Commissioner to represent him in the said regular meeting
or special session.
The CHED Commissioner so designated shall not preside over the regular meeting or special
session of the GB but shall have all the rights and responsibilities of a member thereof.
SECTION 16. Designation of Chair by CHED Chairman. - The CHED Chairman who is the
Chairman of the GB of all chartered SUCs may designate in writing a CHED Commissioner to act
as the regular Chair of the GB of a particular chartered SUC and/or in any of its regular meetings
or special sessions in which case the CHED Commissioner so designated shall act as the
presiding officer.
SECTION 17. No compensation for the Chairman, Vice-Chairman and members of FBs. - The
Chairman, Vice-Chairman and Members of the GBs of chartered SUCs shall not receive any
regular compensation as such but they shall receive entitlements to actual allowances allowed by
law, and reimbursement of necessary expenses incurred during or in conjunction with their
attendance in the regular meetings or special sessions of the GB or in connection with their
performance of official business duly authorized by the GB through a Resolution.
RULE V
POWERS AND DUTIES OF THE GOVERNING BOARDS
SECTION 18. Powers and Duties of Governing Boards (GBs). – The GBs of chartered SUCs shall
have the powers and duties, in addition to its general powers of administration and the exercise
of all the powers granted to a Board of Directors of a corporation under Section 36 of Batas
Pambansa Bld. 68, otherwise known as the Corporation Code of the Philippines. “Thus:
a) To enact rules and regulations not contrary to law as may be necessary to carry out the
purposes and functions of the university or college;
b) To receive and appropriate all sums as may be provided for the support of the university
or college, in the manner it may determine and in accordance with its discretion in order
to carry out the purposes and function of the university or college;
c) 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
or college, subject to limitations , directions and instructions of the donors, if any.
Such donations shall be exempt from all taxes and shall be considered as deductible
items from the income tax of the donor. Provided, however, that the rights, privileges and
exemptions extended by this Act shall likewise be extended to non-stock. Non-profit
universities and colleges: Provided, finally, that the same Privileges shall also be extended
to city colleges and universities with the approval of the local government unit concerned
and in coordination with the CHED;
The Commissioner of the Bureau of Internal Revenue and the Secretary of Finance
shall be informed by the Board of such donations in order to effect the necessary tax
exemptions as herein provided.
d) To fix the tuition fees and other necessary charges, such as, but not limited, to
matriculation fees, graduation fees and laboratory fees, as they may deem proper to
impose, after due consultations with the involved sectors.
Such fees and charges, including government subsidies and other income generated by
the university or college, shall continue special trust funds and shall be deposited in any
authorized government depository band, and all interest that shall accrue there from shall
be part of the same fund for the use of the university or college: Provided, that income
derived from university or college hospitals shall be exclusively earmarked for the
operation of the hospitals.
Any income generated by the university or college from tuition fees and other charges, as
well as from the operation of auxiliary services and land grants, shall be retained by the
university or college, and may be disbursed by its GB for instruction, research, extension,
or other programs/projects of the university or college: Provided, that all fiduciary fees
shall be disbursed for the specific purposes for which they are collected.
If, reasons beyond its control, the university or college shall not be able to pursue any
project for which funds have been appropriated and allocated under its approved program