Republic Act No. 11859: An act converting the northern negros state college of science and technology in sagay city, province of negros occidental, into a state university to be known as the "state university of northern negros", and appropriating funds therefor

Eighteenth Congress Third Regular Session

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

[ REPUBLIC ACT NO. 11859, June 18, 2022 ]

AN ACT CONVERTING THE NORTHERN NEGROS STATE COLLEGE OF SCIENCE AND TECHNOLOGY IN SAGAY CITY, PROVINCE OF NEGROS OCCIDENTAL, INTO A STATE UNIVERSITY TO BE KNOWN AS THE "STATE UNIVERSITY OF NORTHERN NEGROS", AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Conversion

The Northern Negros State College of Science and Technology (NONESCOST) in Sagay City, Province of Negros Occidental, including the Laga-an Campus in the Municipality of Calatrava, Nergros Occidental, and the Escalante Campus in Escalante City, Negros Occidental, is hereby converted into a state university to be known as the "State University of Northern Negros", hereinafter referred to as the SUNN. The main campus of the SUNN shall be located in Sagay City, Negros Occidental.

Section 2. Curricular Offerings

The SUNN shall offer short-term technical-vocational, undergraduate, and graduate programs within its areas of competency and specialization in the fields of agriculture, arts, biology, national science, business and management, criminology, education, engineering, fisheries, food technology, healthcare, industrial technology, information and communications technology, management, and marine sciences, and other relevant fields of study, as the Board of Regents, hereinafter referred to as the Board, may deem necessary for the accomplishment of its objectives, and those which respond to the human resources development needs of the Province of Negros Occidental and Region VI.

It shall also undertake research and extension services, and provide progressive leadership in its areas of specialization.

Section 3. Administration

The SUNN shall have the general powers of a corporation set forth in Republic Act No. 11232, otherwise known as the "Revised Corporation Code of the Philippines". The administration of the SUNN and the exercise of its corporate powers shall be vested exclusively in the Board and the President.

Section 4. The Governing Board

The governing body of the SUNN shall be the Board, which shall be chaired and co-chaired by the Chairperson of the Commission on Higher Education (CHED) and the President of the SUNN, respectively, and with the following as members:

(a)Chairperson of the Committee on Higher, Technical and Vocational Education of the Senate; (b)Chairperson of the Committee on Higher and Technical Education of the House of Representatives; (c)Regional Director of the National Economic and Development Authority;

(d)Regional Director of the Department of Science and Technology; (e)Regional Director of the Department of Agriculture;

(f)President of the federation of faculty associations of the SUNN;

(g)President of the federation of student councils of the SUNN;

(h)President of the federation of alumni associations of the SUNN; and (i)Two (2) prominent citizens from the private sector who have distinguished themselves in their professions or fields of specialization. The Board shall appoint two (2) prominent citizens who shall be selected from a list of at least five (5) qualified persons from the Province of Negros Occidental as recommended by a search committee constituted by the President of the SUNN, in consultation with the Chairperson of the CHED and other members of the Board, based on the standards and qualifications for the position set by the Board. They shall serve for a term of two (2) years from the date of appointment.

The membership of the President of the federation of faculty associations, the President of the federation of student councils, and the President of the federation of alumni association in the Board shall be coterminous with their terms of office, as provided under their respective constitutions and bylaws.

Section 5

Powers and Duties of the Board. In addition to its general powers of administration and the powers granted to the board of directors of a corporation under existing laws, the Board shall have the following specific powers and duties:

(a)Promulgate and implement policies in accordance with the declared State policies on education, other pertinent provisions of the Constitution on education, agriculture, science and technology, and the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the Higher Education Act of 1994; (b)Approve the curricula, instructional programs, and rules on student discipline drawn by Administrative and Academic Councils as herein provided;

(c)Appoint, upon the recommendation of the President of the SUNN, the vice presidents, deans, directors, heads of the campuses, faculty members, and other officials and employees of the SUNN; (d)Fix and adjust the salaries of faculty members, administrative officials and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as it may deem proper; grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing laws to the contrary notwithstanding; and remove them for cause in accordance with the requirements of due process of law;

(e)Fix the tuition fees and other necessary school charges, such as matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose, after due consultation with the concerned sectors. The fees and charges, including government subsidies and other income generated by the SUNN, shall constitute its special trust funds, and shall be deposited in any authorized government depository bank. All interests that shall accrue therefrom shall form part of the same funds for the use of the SUNN; Any provision of existing laws, rules or regulations to the contrary notwithstanding any income generated by the SUNN from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the SUNN and may be disbursed by the Board for instruction, research, extension services or other programs and projects of the SUNN:Provided,That all fiduciary fees shall be disbursed for the specific purposes for which these are collected:Provided, however,That if, for reasons beyond its control, the SUNN shall not be able to pursue any project for which the funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize 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 SUNN;

(f)Adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with Republic Act No. 10931 or the Universal Access to Quality Tertiary Education Act; (g)Establish professorial chairs in the SUNN and provide fellowships for qualified faculty members, and scholarships to deserving students; (h)Receive and appropriate sums as may be provided by law for the support of the SUNN, and all other sums in the manner it may, in its discretion, determine to carry out the purpose and functions of the SUNN;

(i)Set the policies on admission and graduation of students; (j)Award honorary degrees upon persons in recognition of their outstanding contribution in the fields of education, public service, arts, science and technology, agriculture or any field of specialization within the academic competency of the SUNN, and authorize the awarding of certification of completion of nondegree and nontraditional courses;

(k)Establish research and extension centers to promote the development of the SUNN; (l)Develop academic arrangements for institutional capability building with appropriate institutions and agencies, whether public, private, local or foreign, and appoint experts or specialists as consultants, part-time, visiting or exchange professors, scholars or researchers, as the case may be;

(m)Adopt modern and innovative modes of transmitting knowledge for the promotion of greater access to education such as the use of information technology, dual training system, open distance learning, and community laboratory;

(n)Collaborate with the governing bodies of other state universities and colleges with the Province of Negros Occidental and Region VI, under the supervision of the CHED and in consultation with the Department of Budget and Management (DBM), in restructuring the SUNN to make it more efficient, relevant, productive and competitive;

(o)Absorb non-chartered tertiary institutions within the Province of Negros Occidental and Region VI as branches, extension or external centers, in coordination with the CHED and in consultation with the DBM, and offer therein programs or courses to carry out the constitutional mandate of providing equal access to educational opportunities; (p)Authorize an external management audit of the SUNN, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit, and institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

(q)Develop consortia and other economic forms of linkages with local government units (LGUs), as well as public, private, local or foreign institutions and agencies, in the furtherance of the purpose and objectives of the SUNN; (r)Import economic, technical and cultural books and publications;

(s)Enter into joint ventures with business and industry for the profitable development and economic assets, the proceeds of which shall be used for the development and strengthening of the SUNN; (t)Receive in trust, legacies, gifts and donations of real and personal properties of all kinds and administer and dispose of the same, when necessary, for the benefit of the SUNN and subject to the limitations, directions and instructions of the donor, if any;

(u)Extend the terms of the President of the SUNN beyond the age of retirement, but not beyond the age of seventy (70), based in the guidelines, qualifications, and standards set by the Board:Provided,That the Presidents performance has been rated by the Board as outstanding and a unanimous recommendation for such extension has been decided upon by the search committee; (v)Delegate any of its powers and duties provided to the President and other officials of the SUNN, as it may deem appropriate, so as to expedite the administration of the affairs of the SUNN;

(w)Establish policy guidelines and procedures for participative and transparent decision-making within the SUNN; (x)Where most advantageous to the SUNN, privatize the management of nonacademic services such as health, food, building or grounds or property maintenance, and such other similar activities;

(y)Authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real property, including the necessary supplies, materials and equipment; and (z)Promulgate rules and regulations, as may be necessary, to carry out the purposes and functions of the SUNN.

Section 6. Meetings of the Board

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

A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting:Provided, however,That the Chairperson of the Board or the President of the BSAU is among those present in the meeting.

In case the Chairperson of the CHED cannot attend a meeting of the Board, a CHED Commissioner duly designated by the Chairperson of the CHED as representative to the meeting, shall have all the rights and responsibilities of a regular member:Provided,That during the meeting, the President of the SUNN, as Vice Chairperson, shall be the presiding officer:Provided, further,That this provision notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chairperson of the Board, in which case, the said CHED Commissioner shall act as the presiding officer.

In case the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the House Committee on Higher and Technical Education shall not be able to attend the Board meeting, they may designate their respective representatives to attend the meeting, who shall have the same rights and responsibilities as regular members of the Board.

The members of the Board shall not receive any salary, but shall entitled to reimbursements for actual and necessary expenses incurred, either for their attendance to the meetings of the Board or in coordination with other official business authorized by resolutions of the Board, subject to existing laws and regulations.

Section 7

The University President. The SUNN shall be headed by a President who shall be appointed by the Board, subject to its guidelines on qualifications and standards, and based on the recommendation of a search committee duly constituted for the purpose of selecting the President.The SUNN President shall render full-time service, serve a term of four (4) years and may be reappointed to another term:Provided,That in order to effect the smooth transition of the college to a state university, the incumbent President of the NONESCOST, if qualified, shall serve as the first President of the SUNN.

Within six (6) months before the expiration of the term of office of the incumbent President of the SUNN, the Board shall constitute the Search Committee for the Presidency.

The powers and duties of the President of the SUNN, in addition to those specifically provided in this Act, shall include those usually pertaining to the Office of the President of similar universities and those delegated by the Board.

The salary of the President of the SUNN shall be in accordance with Republic Act No. 11466 or the Salary Standardization Law of 2019, and by such other laws amendatory thereto, which may hereinafter be enacted, and shall be comparable to that being received by the presidents of similar educational institutions.

In case of a vacancy in the Office of the President by reason of death, compulsory retirement, resignation, removal for cause, or incapacity of the President to perform the functions of the office, the Board shall designate an Officer-in-Charge of the SUNN, pending the appointment of a new President:Provided,That the Officer-in-Charge shall serve only during the unexpired portion of the term.

The President of the SUNN shall be assisted by a Vice President for Academic Affairs, a Vice President for Administration, and a Vice President for Research, Development and Extension, who shall be appointed by the Board upon the recommendation of the President of the SUNN.

Section 8. The Secretary of the University

The Board shall appoint a Secretary who shall serve as such for both the Board and the SUNN and shall keep all records and proceedings of the meetings of the Board. The Secretary of the SUNN shall serve upon each member of the Board the appropriate notice of board meetings.

Section 9

The Treasurer of the University. The Treasurer of the Philippines shall be theex officioTreasurer of the SUNN.

Section 10

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

Section 11

The Academic Council. There shall be an Academic Council which shall formulate academic policies. It shall be composed of the President of the SUNN, who shall act as chairperson, and all academic staff with the rank of at least ab assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular offerings and rules on student discipline, subject to the approval of the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject to the review and approval of the Board through the President of the SUNN.

It shall exercise disciplinary power over the students of the SUNN and shall formulate the rules and regulations on student discipline, subject to the approval of the Board.

Section 12

Heads of University Campuses. The Campus Directors shall respectively serve as heads or administrators of the campuses of the SUNN and render full-time service.

They shall be appointed or designated by the Board, upon recommendation of the search committee and the President of the SUNN, subject to the guidelines, qualifications, and standards set by the Board:Provided,That, upon the effectivity of this Act, the incumbent Campus Directors of the existing campuses of the NONESCOST shall continue to serve as much.

Section 13

The Faculty. No political belief, gender preference, cultural or community affiliation or ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the SUNN:Provided,That said appointment shall be subject to the guidelines, qualifications, and standards set by the Board:Provided, further,That no member of the faculty shall teach for or against any particular church or religious sect.

Section 14

Academic Freedom and Institutional Autonomy. The SUNN shall enjoy academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of Constitution.

Section 15

Scholarship Programs and Admission. The SUNN shall provide scholarship and other affirmative action programs to assist poor but deserving students who qualify for admission to the SUNN.

No student shall be denied admission to the SUNN by reason of gender, religion, cultural or community affiliation or ethnic origin.

Section 16

Authority to Loan or Transfer Apparatus, Equipment, Supplies and Detail of Personnel. Upon the request of the Board, through the President of the SUNN, the heads of the bureaus and offices of the national government may loan or transfer to the SUNN such apparatus, equipment or supplies as may be needed by it, and detail employees for duty therein when, in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or service of such employees can be spared without serious detriment to public service.

The employee so detailed shall perform such duties as required of them by the President of the SUNN and the time thus served shall be counted as part of their regular service.

Section 17

Assets, Liabilities and Personnel. All assets, real and personal, personnel and records of the NONESCOST as well as its liabilities or obligations, are hereby transferred to the SUNN:Provided,That the positions, rights and security of tenure of faculty members and personnel therein employed under existing law prior to the conversion into a university shall be respected:Provided, further,That the incumbents occupying the positions shall remain in the same status until otherwise provided for by the Board:Provided, finally,That the SUNN shall also accordingly upgrade or increase its human resources component as may be deemed appropriate by the Board.

All parcels of land belonging to the government to be occupied by the NONESCOST and all its campuses are hereby declared to be the property of the SUNN, and shall be titled under its name:Provided,That should the SUNN cease to exist or be abolished or should such aforementioned parcels of land be no longer needed by the SUNN, the same shall revert to the concerned LGU or to the Republic of the Philippines, as the case may be.

Section 18

Duty and Tax Exemptions. The importation by the SUNN of economic, technical and cultural books or publications, which are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes shall, upon certification by the CHED, be exempt from customs duties in accordance with the provisions of Republic Act No. 10863, otherwise known as the Customs Modernization and Tariff Act (CMTA).

All grants, bequests, endowments, donations and contributions made to and used actually, directly and exclusively for educational purposes by the SUNN, shall be exempt from donors tax and the same shall be considered as allowable deduction from the gross income of the donor for purposes of computing the taxable income of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

Section 19

Compliance with CHED Requirements. The provisions of this Act notwithstanding, the conversion of the NONESCOST to a state university shall become effective only upon the determination and declaration by the CHED, based on the recommendation of a panel of experts constituted for the purpose, that the institution has complied with the requirement for a university status based on CHED Memorandum Order No. 46, series of 2012 (Policy Standard to Enhance Quality Assurance (QA) in Philippine Higher Education Through an Outcomes-Based and Typology-Based QA):Provided,That the panel may issue such recommendation when the NONESCOST has substantially complied with the requirements for the grant of university status.

The following operational requirements for a university, as established by the CHED, shall be complied with:

(a)Employment of full-time, permanent faculty members who possess relevant degrees in their areas of specialization, as required by the CHED, and shall have participated in research and development activities in their respective disciplines, as evidenced by referred publications and other scholarly outputs;

(b)Offering of a comprehensive range of degree programs in all levels from basic post-secondary to doctoral programs;

(c)Conduct of viable research programs in specific disciplinal and multidisciplinary areas of study that produce new knowledge, as evidenced by referred publications, citations, inventions, and patents, among others;

(d)Establishment and maintenance of comprehensive learning resources and support structures, to include libraries, practicum laboratories, relevant educational resources, and linkages with relevant disciplinal and professional sectors, so as to allow students to explore basic, advance and even cutting-edge knowledge in a wide range of disciplines or professions;

(e)Maintenance of linkage and affiliation with other research institutions in various parts of the world to ensure that the research activities of the SUNN are functioning at current global standards; and (f) Conduct of outreach activities to allow the students, faculty, and research staff to apply the new knowledge they generate to address specific social development problems. The CHED, through its regional office, shall regularly provide technical assistance to the NONESCOST and monitor its compliance with the requirements of the Commission.

The NONESCOST shall retain its status prior to the effectivity of this Act until it is able to comply with the requirements provided herein.

Section 20

Development Plan, Management Audit, and Organizational/Administrative/Academic Structure. Within a period of one hundred twenty (120) days after the approval of this Act, the SUNN shall accomplish the following:

(a)Submit a five (5)-year development plan, including its program budget to the CHED for recommendation to the DBM;

(b)Set up its organizational, administrative, and academic structure, including the appointment of key officials of the SUNN; and (c) Undergo a management audit in coordination with the CHED.

Section 21

Filing of Report. On or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year, the Board shall file a detailed report on the progress, condition, and needs of the SUNN with the Office of the President of the Philippines and with both Houses of Congress, through the Chairperson of the CHED.

Section 22

Suppletory Application. The provision of Republic Act No. 8292, otherwise known as the Higher Education Modernization Act of 1997, shall form part of this Act.

Section 23

Parity Clause. All other powers, functions, privileges, responsibilities, and limitations under existing laws shall be deemed granted to or imposed upon the SUNN and its officials, whenever appropriate.

Section 24. Appropriations

The amount necessary to carry out the provisions of this Act shall be charged against the current years appropriations of the NONESCOST. Thereafter, such sums as may be necessary for the continued operation and maintenance of the SUNN shall be included in the annual General Appropriations Act.

Section 25

Implementing Rules and Regulations. Within sixty (60) days from the approval of this Act, the Board, in consultation with the CHED, shall formulate the rules and regulations to fully implement the provisions of this Act.

Section 26

Separability Clause. If, for any reason, any part or provision of this Act is declared invalid or unconstitutional the remaining parts or provisions not affected shall remain in full force and effect.

Section 27

Repealing Clause. All laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the provision of this Act are repealed or modified accordingly.

Section 28. Effecitivity

This Act shall take effect fifteen (15) days after its publication in theOfficial Gazetteor in a newspaper of general circulation.

Approved,

| (SGD.)VICENTE C. SOTTO III President of the Senate | (SGD.)LORD ALAN JAY Q. VELASCO Speaker of the House of Representatives |

This Act which originated in the House of Representatives was passed by the House of Representatives and the Senate of the Philippines on November 8, 2021 and January 31, 2022, respectively.

MYRA MARIE D. VILLARICA

Secretary of the Senate

MARK LLANDRO L. MENDOZA

Secretary General House of Representatives

Approved: Lapsed into law on JUN 18 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language