Whether Congress Joint Resolution No. 4, s. 2009 Restricted the Powers of the RTU Governing Board Under Sec. 7 (d) of RA 8365

DOJ OPINION NO. 068 , s. 2013 July 31, 2013 Dr. Jesus Rodrigo F. Torres President and Vice Chairman, Board of Regents Rizal Technological University Boni Avenue, Mandaluyong City Dear Dr. Torres : This refers to your request for opinion on whether Joint Resolution No. 4, s. 2009, 1 of the Senate and House of Representatives, has curtailed or restricted the powers of the governing board of Rizal Technological University (RTU) under Section 7 (d) of Republic Act No. 8365, 2 which provides: "Sec. 7. The governing 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 Sec. 36 of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the Philippines: "xxx xxx xxx "d) To fix the tuition fees and other school fees and charges, such as, but not limited to, matriculation fees, graduation fees and laboratory fees, as their respective boards may deem proper and reasonable to impose after due consultations with the involved sectors. "Such fees and charges, including government subsidies and other income generated by the University, shall constitute special trust funds and shall be deposited in any authorized government depository bank, and all interests that shall accrue therefrom shall form part of the same fund for the use of the University. "Any provision of existing laws, rules and regulations to the contrary notwithstanding, any income generated by the University from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the University, and may be disbursed by the Board for instruction, research, extension, or other programs/projects of the University: provided, that all fiduciary fees shall be disbursed for the specific purposes for which they are collected. "If, for reasons beyond its control, the University shall not be able to pursue any projects for which funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said funds for any reasonable purposes which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the University;" (Emphasis supplied) You state that the governing board of RTU, in the exercise of such powers, has approved the disbursement of funds and granted incentives to RTU officials and employees, which amount has gradually increased depending on the availability of the source thereof as realized from the University's savings. However, it appears that Joint Resolution No. 4, s. 2009 has rationalized the coverage and the conditions for the grant, including the rates of allowances, benefits and incentives given to all government employees, in accordance with the policies to be issued by the President upon recommendation of the Department of Budget and Management. Hence, this query. At the outset, it must be noted that accountability in public office requires rationality and efficiency in both administrative and financial operations of all government offices including State Universities and Colleges (SUCs).As a corollary, public funds must be utilized in a way that will promote transparency, accountability and prudence. As such, one of the reasons why Joint Resolution No. 4, s. 2009 was adopted is to standardize and rationalize the compensation of all civilian government personnel across all government agencies to create an enabling environment that will promote social justice, integrity, efficiency, productivity, accountability and excellence in the civil service. Under the Rules of both the Senate and the House of Representatives, 3 a joint resolution, like a bill, is required to be enrolled, examined, undergo three readings and signed by the presiding officer of each House. Similar to a bill, it is also presented to the President for approval. Thus, a joint resolution, upon approval by the President, is a law. 4 Even the Rules of the House of Representatives recognize this: "Sec. 58. Third Reading. ... No bill or joint resolution shall become law unless it passes three (3) readings on separate days and printed copies thereof in its final form are distributed to the Members three (3) days before its passage except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency." (Emphasis supplied) The Joint Resolution No. 4, s. 2009, was adopted by both Houses of Congress after three readings. Then President Gloria Macapagal-Arroyo approved it on June 17, 2009. It was published in the Manila Times on June 20, 2009, and in Volume 105, No. 34 of the Official Gazette on August 24, 2009. Joint Resolution No. 4, s. 2009 is, therefore, a law. Thus, Joint Resolution No. 4, s. 2009, as a later law, has effectively amended R.A. No. 8365. This is evident on the amendment clause of Joint Resolution No. 4, s. 2009, which states: "(16) Amendment of Existing Laws The provisions of all laws, decrees, executive orders, corporate charters, rules, regulations, circulars, approvals and other issuances inconsistent with the provisions of this Joint Resolution such as, but not limited to, Republic Act No. 4670, Republic Act No. 7160, Republic Act No. 7305, Republic Act No. 8439, Republic Act No. 8551, Executive Order No. 107 dated June 10, 1999, Republic Act No. 9286, Republic Act No. 9166, Republic Act No. 9173 and Republic Act No. 9433 are hereby amended . "All provisions of laws, executive orders, corporate charters, implementing rules and regulations prescribing salary grades for government officials and employees other than those in Section 8 of Republic Act No. 6758 are hereby repealed." (Emphasis supplied) Please be guided accordingly. Very truly yours, (SGD.) LEILA M. DE LIMA Secretary Footnotes 1. Joint Resolution Authorizing the President of the Philippines to Modify the Compensation and Position Classification System of Civilian Personnel and the Base Pay Schedule of Military and Uniformed Personnel in the Government, and for Other Purposes. 2. An Act Converting the Rizal Technological Colleges into a State University, to be Known as the Rizal Technological University, and Appropriating Funds Therefor, dated October 11, 1997. 3. Rules XXI, XXII, XXIII and XXV for the Senate and Rule X for the House of Representatives. 4. See also, 2 Southland, Statutory Construction, 3rd ed.,p. 265.