Republic Act No. 10229 (RA 10229) — An Act Converting the Catanduanes State Colleges in the Province of Catanduanes into a State University to Be Known as the Catanduanes State University and Appropriating Funds Therefor
Conversion.
SECTION 1. Conversion. – The Catanduanes State Colleges
(CSC) in the Province of Catanduanes, composed of CSC – Virac Campus in
the Municipality of Virac and CSC – Panganiban Campus in the
Municipality of Panganiban, both located in the Province of Catanduanes,
is hereby converted into a state university to be known as the
Catanduanes State University, hereinafter referred to as the University.
The main campus of the University shall be in Virac, Catanduanes.
General Mandate.
SEC. 2. General Mandate. – The University shall primarily
provide advanced education, higher technological, professional
instruction and training in trade, commerce, fishery, agriculture, arts
and sciences, industrial technology, nursing, midwifery, education,
engineering, public administration, information technology, and other
relevant fields of study. It shall also undertake research and extension
services, and provide progressive leadership in its areas of
specialization.
Academic Freedom and Institutional Autonomy.
SEC. 3. Academic Freedom and Institutional Autonomy. –
The University shall enjoy academic freedom and institutional autonomy,
pursuant to paragraph 2, Section 5 of Article XIV of the Constitution of
the Republic of the Philippines.
Curricular Offerings.
SEC. 4. Curricular Offerings. – The University shall
offer undergraduate and graduate courses in the fields of trade,
commerce, fishery, agriculture, arts and sciences, industrial
technology, nursing, midwifery, education, engineering, public
administration, information technology, and other degrees/courses within
its areas of specialization and according to its capabilities as the
Board of Regents may deem necessary to carry out its objectives,
particularly in meeting the needs of the Province of Catanduanes and
Region V.
The existing high school shall be transferred to the jurisdiction and supervision of the Department of Education (DepED): Provided, That
the high school shall be allowed to remain and operate within the
campus of the University until its students, who are currently enrolled,
shall have completed then-high school education: Provided, further, That the University may operate a reasonably-sized laboratory school, if it has a College of Education.
Administration.
SEC. 5. Administration. – The University shall have the
general powers of a corporation set forth in Batas Pambansa Blg. 68, as
amended, otherwise known as “The Corporation Code of the Philippines”.
The administration of the University and the exercise of its corporate
powers shall be vested exclusively in the Board of Regents and the
President of the University.
The Governing Board.
SEC. 6. The Governing Board. – The governing board of the
University shall be the Board of Regents, hereinafter referred to as
the Board, which shall be composed of the following:
(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson;
(b) The President of the University, Vice Chairperson;
(c) The Chairperson of the Committee on Education, Arts and Culture of the Senate, member;
(d) The Chairperson of the Committee on Higher and Technical Education of the House of Representatives, member;
(e) The Regional Director of the National Economic and Development Authority (NEDA), member;
(f) The Regional Director of the Department, of Science and Technology (DOST), member;
(g) The President of the federation of faculty associations of the University, member;
(h) The President of the federation of student councils of the University, member;
(i) The President of the federation of alumni associations of the University, member; and
(j) Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or fields of specialization
of the University, members.
The Board shall appoint the two (2) prominent citizens from among a
list of at least five (5) qualified persons in the Province of
Catanduanes, as recommended by the search committee constituted by the
University President, in consultation with the Chairperson of the CHED
and the other members of the Board, based on the normal standards and
qualifications for the position.
The term of office 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 associations shall be
coterminous with their respective terms of office, as set forth in their
respective constitutions and by laws.
The two (2) prominent citizens shall serve for a term of two (2) years from the date of appointment.
Powers and Duties of the Board of Regents.
SEC. 7. Powers and Duties of the Board of Regents. – The
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 existing
laws:
(a) To promulgate and implement policies in accordance with the
declared State policies and the provisions of the Philippine
Constitution on education, agriculture, science and technology, as well
as the policies, standards and thrusts of the CHED under Republic Act
No. 7722, otherwise known as the “Higher Education Act of 1994″;
(b) To promulgate rules and regulations not contrary to law as
may be necessary to carry out the purposes and functions of the
University;
(c) To receive and appropriate all sums as may be provided for
the support of the University in the manner it may determine in its
discretion, in order to carry out the purposes and functions of the
University;
(d) To import economic, technical and cultural books and/or publications;
(e) To receive in trust legacies, gifts and donations of real
and personal properties of all kinds and to administer and dispose of
the same when necessary for the benefit of the University, and subject
to the limitations, directions and instructions of the donor, if any;
(f) To fix the tuition fees and other necessary school charges
such as, but not limited to, matriculation fees, graduation fees and
laboratory fees, as the Board 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, 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 funds 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 these are collected.
If, for reasons beyond its control, the University 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 University;
(g) To adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students;
(h) To authorize the construction or repair of its buildings,
machinery, equipment and other facilities, and the purchase and
acquisition of real property, including necessary supplies, materials
and equipment;
(i) To appoint, upon recommendation of the President of the
University, Vice Presidents, deans, directors, heads of campuses,
faculty members and other officials and employees of the University;
(j) To fix and adjust salaries of faculty members and
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; to grant them,
at its discretion, leaves of absence under such regulations as it may
promulgate, any provision of existing law to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
(k) To approve the curricula, instructional programs and rules
of discipline drawn by the Administrative and the Academic Councils
herein provided;
(l) To set policies on admission and graduation of students;
(m) To award honorary degrees upon persons in recognition of their
outstanding contribution in the fields of education, public service,
arts, science and technology, agriculture or in any field of
specialization within the academic competence of the University; and to
authorize the awarding of certificates of completion of nondegree and
nontraditional courses;
(n) To establish and absorb nonchartered tertiary institutions
within the Province of Catanduanes as branches and centers in
coordination with the CHED, and in consultation with the Department of
Budget and Management (DBM), and to offer therein programs or courses,
to promote and carry out equal access to educational opportunities as
mandated by the Constitution;
(o) To establish research and extension centers of the University where such will promote the development of the latter;
(p) To establish professorial chairs in the University and to
provide fellowships for qualified faculty members and scholarships to
deserving students;
(q) To delegate any of its powers and duties provided for
hereinabove to the President and/or other officials of the University as
it may deem appropriate, so as to expedite the administration of the
affairs of the University;
(r) To authorize an external management audit of the
University, to be financed by the CHED, subject to the rules and
regulations of the Commission on Audit (COA); and to institute reforms,
including academic and structural changes, on the basis of the audit
results and recommendations;
(s) To collaborate with other governing board s of the state
colleges and universities within the Province of Catanduanes or Region
V, under the supervision of the CHED and in consultation with the DBM,
and work towards the restructuring of the University to become more
efficient, relevant, productive and competitive;
(t) To enter into joint ventures with business and industry for
the profitable development and management of the economic assets of the
University, the proceeds from which shall be used for the development
and strengthening of the University;
(u) To develop consortia and other economic forms of linkages
with local government units (LGUs), institutions and agencies, both
public and private, local and foreign, in the furtherance of the
purposes and objectives of the University;
(v) To develop academic arrangements for institutional capability
building with appropriate institutions and agencies, public and private,
local and foreign, and to appoint experts/specialists as consultants,
part-time or visiting or exchange professors, scholars, researchers, as
the case may be;
(w) To setup the adoption of modern and innovative modes of
transmitting knowledge such as the use of information technology, the
dual learning system, open or distance education and community
laboratory for the promotion of greater access to education;
(x) To establish policy guidelines and procedures for participative decision-making and transparency within the University;
(y) To privatize, where most advantageous to the University, the
management of nonacademic services such as health, food, building or
grounds or property maintenance and such other similar activities; and
(z) To extend the term of the President of the University
beyond the age of retirement but not beyond the age of seventy (70),
whose performance has been unanimously rated by the Board as
outstanding: based on the guidelines, qualifications and/or standards
set by the Board, after unanimous recommendation by the search
committee.
Meetings of the Board.
SEC. 8. Meetings of the Board. – The Board shall
regularly convene once every three (3) months. Whenever necessary, the
Chairperson of the Board may call, upon three (3) days’ prior written
notice, a maximum of two (2) special meetings within the same period.
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 University is among those present in the meeting.
In the absence of the Chairperson of the CHED, a Commissioner of
the CHED, duly designated by him/her, shall represent him/her in the
meeting with all the rights and responsibilities of a regular member: Provided, however, That during this meeting, the President of the University as Vice Chairperson shall be the Presiding Officer: Provided, further, That this proviso notwithstanding,
the Chairperson of the CHED is hereby authorized to designate a CHED
Commissioner as the regular Chair of the Board, in which case said CHED
Commissioner shall act as the Presiding Officer.
In case the Chairpersons of the Congressional Committees on
Education shall not be able to attend the Board meeting, they may duly
designate their respective representatives to attend the said meeting,
who shall have the same rights and responsibilities as a regular member
of the Board.
The members of the Board shall not receive any salary but shall be
entitled to reimbursements for actual and necessary expenses incurred,
either in their attendance to meetings of the Board or in connection
with other official business authorized by resolution of the Board,
subject to existing laws and regulations.
The University President.
SEC. 9. The University President. – The University shall
be headed by a President, who shall render full-time service. He/She
shall be appointed by the Board, subject to the guidelines,
qualifications and/or standards set by the Board, upon recommendation of
a duly constituted search committee. He/She shall have a term of four
(4) years and shall be eligible for reappointment for another term: Provided, That
in order to effect a smooth transition to a state university, the CHED
shall designate an Officer-in-Charge of the University, pending the
appointment of the first President of the University.
Within six (6) months before the expiration of the term of office
of the incumbent President of the University, the Board shall constitute
the Search Committee for the Presidency (SCP).
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 his/her office,
the Board shall designate an Officer-in-Charge of the University within
six (6) months from the date of vacancy, pending the appointment of a
new President.
In case of vacancy in the Office of the President as mentioned in
the immediately preceding paragraph, his/her successor or the
Officer-in-Charge shall serve only the unexpired portion of the term.
The powers and duties of the President of the University, in
addition to those specifically provided in this Act, shall be 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 University shall be in
accordance with the Revised Compensation and Position Classification
System and shall be comparable to that being received by the Presidents
of similar educational institutions.
The President of the University shall be assisted by a Vice
President for Academic Affairs and a Vice President for Administration,
who shall be appointed by the Board upon recommendation of the
President.
Heads of University Campuses.
SEC. 10. Heads of University Campuses. – The Campus
Directors shall head the University campuses and they shall render
full-time service. They shall be appointed by the Board upon
recommendation of the search committee and the University President,
subject to the guidelines, qualifications and/or standards set by the
Board: Provided, That the incumbent college administrators of
the extension campuses shall serve as Campus Directors of their
respective campuses.
The Secretary of the University.
SEC. 11. The Secretary of the University. – The Board
shall appoint a secretary, who shall serve as such for both the Board
and the University and shall keep all records and proceedings of the
Board. He/She shall serve upon each member of the Board the appropriate
notice of the Board meetings.
The Treasurer of the University.
SEC. 12. The Treasurer of the University. – The Treasurer of the Philippines shall be the ex officio treasurer of the University.
The Administrative Council.
SEC. 13. The Administrative Council. – There shall be an
Administrative Council consisting of the President of the University as
Chairperson, Vice Presidents, deans, directors and other officials of
equal rank as members, whose duty is to review and recommend to the
Board the policies governing the administration, management and
development planning of the University.
The Academic Council.
SEC. 14. The Academic Council. – There shall be an
Academic Council to be composed of the President of the University, who
shall act as Chairperson, and all academic staff with the rank of at
least an assistant professor, as members.
The Academic Council shall have the power to review and recommend
the curricular offerings and rules of discipline of the University,
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 review and/or approval by the Board
through the President of the University. It shall have the disciplinary
power over students of the University and shall formulate academic
policies and rules and regulations on discipline, subject, to the
approval of the Board.
The Faculty.
SEC. 15. The Faculty. – No political beliefs, gender
preference, cultural or community affiliation or ethnic origin, and
religious opinion or affiliation shall be a matter of inquiry in the
appointment of faculty members of the University: Provided, That said appointment shall be subject to the guidelines, qualifications and/or standards set by the Board: Provided, further, That no member of the faculty shall teach for or against any particular church or religious sect.
Scholarship Program/Admission.
SEC. 16. Scholarship Program/Admission. – The University
shall provide a scholarship program and other affirmative action
programs to assist poor but deserving students who qualify for admission
to the University.
No student shall be denied admission to the University by reason
of sex, religion, cultural or community affiliation or ethnic origin.
Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of Personnel.
SEC. 17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of Personnel. –
The heads of the bureaus and offices of the national government are
hereby authorized to loan or transfer, upon the request of the President
of the University, such apparatus, equipment or supplies as may be
needed by the University, and to detail employees for duty therein when,
in the judgment of the head of bureau or office, such apparatus,
equipment, supplies or services of such employees can be spared without
serious detriment to public service.
The employees so detailed shall perform such duties as required of
them by the President, of the University, and the time so employed
shall be counted as part of their regular services.
Assets, Liabilities and Personnel.
SEC 18. Assets, Liabilities and Personnel. – All assets,
real and personal, personnel and records of the Catanduanes State
Colleges, as well as liabilities or obligations, are hereby transferred
to the University. The positions, rights and security of tenure of
faculty members and personnel therein employed under existing laws prior
to the conversion into a University shall be respected.
All parcels of land belonging to the government occupied by the
Catanduanes State Colleges are hereby declared to be property of the
University, and shall be titled under that name: Provided, That
should the University cease to exist or be abolished or should such
parcels of land aforementioned be no longer needed by the University,
the same shall revert to the LGUs concerned.
Tax Exemption on Importation and Donations.
SEC. 19. Tax Exemption on Importation and Donations. –
The importation of economic, technical and cultural books and/or
publications, which are for economic, technical, vocational, scientific,
philosophical, historical or cultural purposes made by the Catanduanes
State University upon certification by the CHED shall be exempt from
customs duties in accordance with the provisions of the Tariff and
Customs Code of the Philippines, as amended.
Donations in any form to the Catanduanes State University shall be
exempt from the donor’s tax and the same shall be considered as
allowable deduction from the gross income in the computation of the
income tax of the donor, in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended.
Appropriations.
SEC. 20. Appropriations. – The amount necessary to carry
out the provisions of this Act shall be charged against the current
year’s appropriations of the Catanduanes State Colleges, except the sums
needed to continue the operations of the existing high school.
Thereafter, such sums as may be necessary for the continued operation
and maintenance of the Catanduanes State University shall be included in
the annual General Appropriations Act.
Development Plan, Management Audit, Organizational/ Administrative/ Academic Structure.
SEC. 21. Development Plan, Management Audit, Organizational/ Administrative/ Academic Structure. –
Within the period of one hundred twenty (120) days after the approval
of this Act, the University shall accomplish the following:
(a) Submit a five (5)-year development plan, including its
corresponding program budget to the CHED, for corresponding
recommendation to the DBM;
(b) Undergo a management audit in cooperation with the CHED; and
(c) Set up its organizational, administrative as well as
academic structure, including the appointment of the key officials of
the University.
Filing of Report.
SEC. 22. Filing of Report. – On or before the fifteenth
(15 th) day of the second (2 nd) month after the opening of the regular
classes each year, the Board shall file with the Office of the President
of the Philippines through the Chairperson of the CHED, and with both
Houses of Congress a detailed report on the progress, conditions and
needs of the University.
Suppletory Application.
SEC. 23. Suppletory Application. – The provisions of
Republic Act No. 8292, otherwise known as the “Higher Education
Modernization Act of 1997″, shall be an integral part of this Act and
shall serve as part of the Governing Charter of the University.
Parity Clause.
SEC. 24. Parity Clause. – All other powers, functions and
privileges, responsibilities and limitations to state universities
and/or their officials under existing laws shall be deemed granted to or
imposed upon the University and/or its officials, whenever appropriate.
Implementing Rules and Regulations.
SEC. 25. Implementing Rules and Regulations. – The Board, in consultation with the CHED, shall formulate the guidelines to fully implement the provisions of this Act.
Separability Clause.
SEC. 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 thereby shall remain in
full force and effect.
Repealing Clause.
SEC. 27. Repealing Clause. – All laws, presidential
decrees, executive orders, rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Effectivity.
SEC. 28. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE
President of the Senate
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
This Act which originated in the House of Representatives was
finally passed by the House of Representatives and the Senate on March
23, 2011 and July 24, 2012, respectively.
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Approved: OCT 19 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).