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A. Amendments to the By-laws of UP Provident Fund Inc. (UPPFI) Legal Basis:
The matter of any amendment of the Amended Bylaws of UPPFI must be approved by the UPPFI Board of Trustees, the Board of Regents of the University of the Philippines and the Securities and Exchange Commission.
Article X – Amendments of the By-laws
Section 1. Amendments – These By-laws, or any provision thereof, may be amended or repealed by a majority vote of the Trustees where a quorum is present at any regular or special meeting duly held for the purpose.
These By-laws, or any amendments thereto, shall take effect upon (i) approval and confirmation by the U.P. Board of Regents, on recommendation of the President of the University as Ex-Officio Chairman of the Board of Trustees; and (ii) approval by the Securities and Exchange Commission.
Proposed Amendments:
At its 110th meeting held on August 13, 2016, the Board of Trustees of UPPFI approved the following amendment to the UPPFI Amended By-laws:
Adding a President as an officer of the Fund
The Securities and Exchange Commission noted that UPPFI lacks a President who is a member of the Board of Trustees. The President is a statutory officer required under the Corporation Code.1 The President must be a member of the Board of Trustees. In order to meet this statutory requirement, the Board decided to amend the By-laws of UPPFI to include the President as an officer, who shall perform the duty of presiding at all meetings of the trustees as well as of the members in the absence of the Chairman of the Board of Trustees.
The following amendments to Article VI of the UPPFI Amended By-laws is recommended to comply with such statutory requirements:
“Article VI – OFFICERS AND FUND PERSONNEL
Section 1. Officers – The following are the officers of the Fund:
a) President
b) Executive Director c) Corporate Secretary
1 Section 25 of Batas Pambansa Blg. 69 otherwise known as the Corporation Code of the Philippines.
NOTE: For all resolutions approved by the Board, it is understood that any disbursements of funds must be subject to all existing government accounting and auditing laws, rules and regulations.
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d) Fund Treasurer e) Fund Accountant f) Internal Auditor
g) Campus Fund Manager
The Board of Trustees may also appoint officers to other positions as may be created by it. All officers shall hold office for such terms and shall exercise such duties as shall be determined by the Board. The Board may combine compatible offices in a single person.
Section 2. President - The President shall be elected from among the trustees of the Corporation and, in case of the absence of the Chairman of the Board, shall preside at meetings of the members and the Board of Trustees.”
*Proposed amendment underscored.
*The rest of the sections under Article VI will be renumbered accordingly.
Upon the recommendation of Dr. Alfredo Pascual, President of the University of the Philippines and UPPFI Chair, the approval and confirmation of the Board of Regents of the University of the Philippines is hereby requested for the aforementioned proposed amendments to the UPPFI Amended By-laws.
Highlights of the Discussion
1. President Pascual briefly explained that the proposed amendments include: (1) the addition of a President as officer of the Fund; and that (2) the President shall be elected from among the trustees of the corporation and, in case of the absence of the Chair of the Board, he or she shall preside at meetings of the members and the Board of Trustees. Pertinent articles, particularly Article VI on Officers and Fund Personnel, shall be amended correspondingly to regularize the By-laws of the UP Provident Fund.
Board Action: APPROVED B. On the concerns of Regent Farolan
The request was emailed to the members of the Board prior to the meeting and copies were distributed on the day of the meeting. A copy for reference is on file at the OSU.
Highlights of the Discussion
1. Regent Farolan requested for a brief update regarding the complaint filed by two (2) UPLB officials, Dr. Ruben D. Tanqueco and Mr. Joselito Armando M. Palanca with the Civil Servic Commission (CSC). President Pascual said the case was referred by CSC to his office. He, in turn, referred the matter to the Office of the Vice President for Legal Affairs (OVPLA).
OVPLA assigned a lawyer from UP Manila to investigate the complaint. He expects to receive the report from next week to implement an appropriate action.
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NOTE: For all resolutions approved by the Board, it is understood that any disbursements of funds must be subject to all existing government accounting and auditing laws, rules and regulations.
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2. On another topic, Regent Farolan requested for information on the following administrative matters:
a. UP FOI Taskforce;
b. Existing housing programs for UP employees;
c. Existing proposed plans for retiring and retired employees;
d. Existing policies on expelled students and possible amnesties or "second-chances"
programs that could be extended to them;
e. Existing policies on and programs for solo parent employees (faculty and staff) and solo parent students, if any; and
f. Update on the request for the list of existing programs in the UP System and CUs that directly relate to the anti-illegal drugs, anti-corruption, anti-crime, and DRRM thrusts of the administration of President Duterte.
He moved that updates on the aforementioned matters be submitted to the Board within a month (30 days).
3. President Pascual noted Regent Farolan’s requests. With regard to the UP-FOI Taskforce, the President said that the UP-FOI Taskforce headed by former Law Dean Salvador Carlota finished its work on 25 November 2016. The committee submitted a preliminary UP Agency Manual for FOI to his office which he promptly forwarded to Malacañang. Undersecretary Chris Sablan was already made aware that UP complied with the deadline. Meanwhile, the committee will continue its work to prepare a final version of the manual.
4. Regent Farolan thanked the President for the information. He will be coordinating with the Board Secretariat to secure a copy of the said outputs. President Pascual informed him that Secretary De Las Llagas is a member of the committee.
Board Action: NOTED
00oo00
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NOTE: For all resolutions approved by the Board, it is understood that any disbursements of funds must be subject to all existing government accounting and auditing laws, rules and regulations.
Hon. PATRICIA B. LICUANAN, Chair Chair, Commission on Higher Education
Hon. ALFREDO E. PASCUAL, Co-Chair President, University of the Philippines
Hon. PAOLO BENIGNO A. AQUINO IV (as of 22 July 2016)
Chair, Senate Committee on Education, Arts and Culture
Hon. ANN K. HOFER (as of 30 August 2016)
Chair, House Committee on Higher and Technical Education
Hon. RAMON M. MARONILLA President, UP Alumni Association
Hon. ANGELO A. JIMENEZ Member
Hon. FRANCIS C. LAUREL Member
Hon. FREDERICK MIKHAIL I. FAROLAN Member
Hon. PHILIP IAN P. PADILLA Faculty Regent
Hon. RAOUL DANNIEL A. MANUEL Student Regent
Hon. ALEXIS M. MEJIA Staff Regent
Prof. LILIAN A. DE LAS LLAGAS MSc. (Trop. Med.), PhD, LLB Secretary of the University and of the BOR
The University of the Philippines
Gazette
is Published by the
Office of the Secretary of the University University of the Philippines
Quezon Hall, UP Diliman Campus, Quezon City
UP SYSTEM
Prof. ALFREDO E. PASCUAL, MBA Doctor of Pedagogy (honoris causa)
President
Prof. GISELA P. CONCEPCION, PhD Vice President for Academic Affairs
Prof. JOSELITO G. FLORENDO, IMSME Vice President for Planning and Finance
Prof. MARAGTAS SV AMANTE, PhD Vice President for Administration
Prof. ELVIRA A. ZAMORA, DBA Vice President for Development
Prof. EDNA ESTIFANIA A. CO, DPA Vice President for Public Affairs
Prof. HECTOR DANNY D. UY, LLB, MNSA Vice President for Legal Affairs
Prof. LILIAN A. DE LAS LLAGAS MSc. (Trop. Med.), PhD, LLB Secretary of the University and of the BOR
*******
CONSTITUENT UNIVERSITIES PROF. MICHAEL L. TAN, PhD
Chancellor, UP Diliman
PROF. FERNANDO C. SANCHEZ, JR., PhD Chancellor, UP Los Baños
ROF. CARMENCITA D. PADILLA, MD, MAHPS
Chancellor, UP Manila
PROF. ROMMEL A. ESPINOSA, PhD Chancellor, UP Visayas
PROF. MELINDA D.P. BANDALARIA, PhD Chancellor, UP Open University
PROF. SYLVIA B. CONCEPCION, PhD Chancellor, UP Mindanao
PROF. RAYMUNDO D. ROVILLOS, PhD Chancellor, UP Baguio
PROF. LIZA D. CORRO, LLB Chancellor, UP Cebu