Republic Act No. 12298

This Act shall be known as the "Aurora State University of Science and Technology Charter".

The Aurora State College of Technology (ASCOT) in the Municipality of Baler, Province of Aurora, including its satellite campuses in the Municipalities of Maria Aurora, Casiguran, and San Luis, all located in the Province of Aurora, is hereby converted into a state university to be known as the Aurora State University of Science and Technology (ASUST). Its main campus shall be in the Municipality of Baler, Province of Leyte.

The ASUST shall primarily provide advanced education, higher technological and professional courses, and training programs in marine sciences, forestry, environmental science, arts and sciences, information and communications technology, education, engineering, health profession education, architecture, social sciences, agri-business and entrepreneurship, business and management, multi- and interdisciplinary courses, law, and other fields of study. It shall promote research, extension and income-generating services, and production activities, and provide progressive leadership in its areas of specialization.

The ASUST shall offer short-term technical-vocational, undergraduate, and graduate courses in the fields of marine education and other related programs, forestry and environmental sciences, disaster risk management, data science and analytics, meteorology, geology, oceanography, cybersecurity, fisheries technology, agriculture, veterinary medicine, behavioral and social sciences. medicine and other health sciences, law, culture and arts, human services and other related courses, business-related programs, agribusiness, nautical and maritime programs, industrial technology, aviation-related programs, chemistry, chemical, structural, geodetic and petroleum engineering, robotics, renewable and sustainable, energy, statistics and mathematics, research and development communication, urban and environmental planning, urban planning and landscape architecture, interior design, liberal arts programs, education and teacher training, information and communications technology, library and information science, developmental management, leadership management programs, human kinetics, and other degree courses as the Board of Regents may deem necessary to carry out its objectives, and those which response to the human resource development needs of the Province of Aurora and the Central Luzon Region: Provided, That the ASUST shall comply with the policies, standards, and guidelines of the Commission on Higher Education (CHED) for the offering of courses and the introduction of new or revised programs.

The ASUST may operate a reasonably sized laboratory high school shall continue to operate under the supervision of the College of Education of the ASUST to serve the in-campus requirements of its students.

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

The governing board of the ASUST shall be the Board of Regents, hereinafter referred to as the Board, which shall be chaired and vice-chaired by the Chairperson of the CHED and the President of the ASUST, respectively, and with the following as members:

The presidents of the federation of faculty associations, the federation of student councils, and the federation of alumni associations, and the representative of the non-teaching personnel shall be coterminous with their terms of office, as provided under their respective constitutions and by laws.

In the case f vacancy among appointive positions in the Board, the vacancy shall be filled by the Board following guidelines set by it and the appointee shall hold office for the unexpired portion of the term.

The administration of the ASUST and the exercise of its corporate powers are vested in the Board, which 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 Section 35 of RA No. 11232:

Notwithstanding any provision of law to the contrary, the Board may authorize, for such reasonable and legal purposes for which it deems necessary and urgent for the attainment of the objectives of the ASUST, the use of:

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 ASUST 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 assigned 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 ASUST, 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 a the presiding officer.

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

The members of the Board shall serve without compensation other than reimbursement for actual and necessary expenses incurred, either for their attendance to the meetings of the Board or in connection with other official business authorized by resolutions of the Board, subject to existing laws and regulations.

The ASUST shall be headed by a President who shall be appointed by the Board, subject to its guidelines, qualifications and standards, and based on the recommendation of a search committee duly constituted for the purpose of selecting the President. The ASUST President shall render full-time service for four (4) years and may be reappointed to another term.

Within six (6) months before the expiration of the term of office of the incumbent President of the ASUST, the Board shall constitute the Search Committee for the Presidency and shall ensure the appointment or reappointment of a President on or before the expiration of the term.

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

The salary of the President of the ASUST shall be in accordance with Republic Act No. 11466, and by such other laws amendatory thereto which may hereinafter be enacted, the joint circular for state universities and colleges' leveling instruments, and guidelines of the CHED and the DBM.

In case of 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 ASUST, pending the appointment of the President.

The President of the ASUST shall be assisted by the following officials: Vice President for Academic Affairs, Vice President for Administration, Planning, and Finance; and Vice President for Research, Development, and Extension. They shall all be appointed by the Board upon the recommendation of the President of the ASUST.

The Board shall appoint a Secretary who shall serve as such for both the Board and the ASUST and shall keep all records and proceedings of meetings of the Board in addition to other duties and responsibilities. The Secretary of the ASUST shall serve upon each member of the Board the appropriate notice of Board meetings.

The Treasurer of the Philippine shall be the ex officio Treasurer of the ASUST.

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

There shall be an Academic Council consisting of the President of the ASUST, as Chairperson, and all academic staff with the rank of at lease an assistant profession, as members.

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

The ASUST shall enjoy academic freedom and institutional autonomy pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution.

No political belief, sex, gender, cultural or community affiliation, ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the ASUST: Provided,That said appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That a member of the faculty shall not criticize, vouch for, recruit members in behalf of, or preach about any particular religious denomination.

The Campus Director shall serve as heads or administrators of their respective ASUST's campuses and render full-time service for a term of two (2) years, and eligible for reappointment to another term.

They shall be appointed or designated by the Board, upon recommendation of the Search Committee and the President, 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 ASCOT shall continue to serve as such.

The ASUST shall provide a scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission to the ASUST. No student shall be denied admission to the ASUST by reason of sex, gender, religion, cultural or community affiliation or ethnic origin, or any other forms of discrimination.

Heads of national government agencies and instrumentalities may, upon the request of the Board through the President of the ASUST, loan or transfer supplies, apparatuses, or equipment, or detail personnel to the University: Provided, That such loan, transfer or detail shall not be detrimental to public service.

The personnel to be detailed to the University shall perform such duties as required of them by the President of the ASUST and the time spent for such duties shall be counted as part of the detailed personnel's regular service.

All assets, real and personal, personnel and records of the ASCOT, as well as liabilities or obligations, are hereby transferred to the ASUST: Provided, That the positions, rights, and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into university shall be respected.

All parcels of land belonging to the government occupied by the ASCOT and all its satellite campuses are declared as property of the ASUST, and shall be titled under its name: Provided, That all parcels of land of the ASUST shall revert to the original owner or donor, or the Republic of the Philippines, in the event that the ASUST ceases to exist or be abolished, or should the said parcels of land be no longer needed by the ASUST: Provided, further, That such reversion shall not impair obligation of contracts.

The importation of books or publications, instruments, equipment, and apparatuses, which are for economic, technical, vocational, scientific, medical, philosophical, historical, legal or cultural purposes made by the ASUST, upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of RA No. 10863, otherwise known as "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 ASUST, shall be exempt from donor's tax and the same shall be allowed 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.

Notwithstanding with the provisions of this Act, the conversion of the ASCOT into 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 requirements for a state college status based on CHED Memorandum Order No. 46, series of 2012 or the "Policy Standards to Enhance Quality Assurance in Philippine Higher Education, through the Outcomes-Based and Typology-Based QA": Provided, That the panel may issue such a recommendation when the ASCOT 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:

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

Within a period of one hundred twenty (120) days after the approval of this Act, the ASUST shall accomplish the following:

On or before the fifteenth (15th) day of the second (2nd) month after the opening of the regular classes each year, the Board shall file a detailed report on its compliance with the requirements for a university status with the Office of the President of the Philippines and both Houses of Congress, through the Chairperson of the CHED.

The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriation of the ASCOT. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997', shall form part of this Act.

Within sixty (60) days from the effectivity of this Act, the Board, in consultation with the CHED, shall issue rules and regulations to implement its provisions.

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

Republic Act No. 7664, entitled "An Act Establishing the Aurora State College of Technology and Authorizing the Appropriation of Funds Therefor", and all other laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the provisions of this Act are amended, repealed, or modified accordingly.

This Act shall become effective fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.

Approved,

| (SGD.) FRANCIS "CHIZ" G. ESCUDERO President of the Senate | (SGD.) FERDINAND MARTIN G. ROMUALDEZ Speaker of the House of Representatives |