Conversion of Central Luzon Polytechnic College to NEUST

Programs, High School Transfer Rules

Section 3 provides that the existing high school shall be transferred to the jurisdiction and supervision of the Department of Education, Culture and Sports.
Section 3 allows the high school to remain and operate within the University campus until students complete their high school education.
Section 3 allows the University to operate a reasonably-sized laboratory school if it has a college of education.

Corporate Powers and Governance Structure

Section 4 grants the University the general powers of a corporation under the Corporation Law.
Section 4 vests the administration of the University and the exercise of its corporate powers exclusively in the Board of Regents.
Section 5 establishes the Board of Regents as the governing body and enumerates its composition.
Section 6 requires the governing board to promulgate and implement policies consistent with declared education and related constitutional state policies and the CHED policies under Republic Act No. 7722.

Board of Regents Membership and Terms

Section 5 designates the Chairman of the Commission on Higher Education (CHED) as chairman of the Board.
Section 5 designates the President of the University as vice chairman of the Board.
Section 5 includes as members:
- the Chairmen of the Congressional Committees on Education and Culture;
- the Regional Director of the National Economic and Development Authority (NEDA) where the main campus is located;
- the Regional Director of the Department of Science and Technology (DOST);
- the President of the faculty association;
- the President of the supreme student council or the student representative elected by the student council.
Section 5 mandates a student representative election process: when there is no student council president or elected student representative, the college must schedule one (1) week for campaign and election of a student representative.
Section 5 includes as members:
- the President of the alumni association of the University; and
- two (2) prominent citizens with distinguished professional specialization chosen from among at least five (5) persons recommended by a search committee constituted by the President in consultation with the CHED chairman.
Section 5 requires private sector representatives to be appointed by the Board of Regents upon recommendation of a duly constituted search committee.
Section 5 provides term rules:
- the presidents of the faculty and alumni associations and the student regent serve until the expiration of their term in such capacities;
- the prominent citizens serve two (2) years; and
- in vacancy for a prominent citizen, the appointed officer-in-charge serves only the unexpired term.
Section 5 provides that the University President may have the term terminated under the Act and that the President is entitled to full retirement benefits under existing laws.

Board Meetings and Officers

Section 8 requires the Board to convene at least once every quarter.
Section 8 allows special meetings by the Board Chairman upon three (3) days’ prior written notice.
Section 8 sets quorum as majority of all members holding office at the time of the meeting and requires that the Chairman of the CHED (who is chairman) or the President of the University is present.
Section 8 provides that if the Chairman of CHED is absent, a CHED commissioner duly designated represents him with full rights and responsibilities as a regular member, and the President of the University presides as vice chairman.
Section 8 states that Board members receive no salary but are entitled to reimbursements for actual and necessary expenses incurred in attendance or authorized official business.
Section 12 directs the Board to appoint a Secretary who serves both the Board and the University, keeps Board records and proceedings, and communicates meeting notices to each Board member.
Section 13 makes the Treasurer of the Philippines the ex officio treasurer of the University.

University Leadership and Councils

Section 9 vests the administration of the University in the President, who must render full-time service.
Section 9 provides that the President is appointed by the Board upon recommendation of a duly constituted search committee.
Section 9 sets the President’s term at four (4) years and makes the President eligible for reappointment for another term, provided this does not adversely affect the term of the incumbent.
Section 9 provides interim authority: if the President dies, resigns, is removed for cause, or becomes incapable to perform functions, the Board designates an officer-in-charge pending appointment of a new President.
Section 10 establishes an Administrative Council chaired by the President with vice presidents, deans, directors, and other officials of equal rank; it reviews and recommends policies for administration, management, and development planning.
Section 11 establishes an Academic Council chaired by the President with instructional staff members of rank not lower than assistant professor; it reviews and recommends curricula and rules of discipline subject to Board action and fixes requirements for admission, graduation, and conferment of degrees subject to Board review/approval.
Section 9 requires that the President be assisted by a vice president for academic affairs, appointed by the Board upon the President’s recommendation, without prejudice to appointing more than one vice president when warranted.

Academic Freedom, Non-Discrimination, Religion

Section 14 prohibits making religious opinion or affiliation a matter of inquiry in appointing faculty members of the state university.
Section 14 prohibits any faculty member from teaching for or against any particular church or religious sect.
Section 15 requires the University to provide a scholarship program and other affirmative action programs to help poor but deserving students qualify for admission.
Section 15 prohibits denial of admission based on sex, religion, cultural or community affiliation, or ethnic origin.
Section 16 declares that the University enjoys academic freedom.

Tuition, Trust Funds, and Financial Management

Section 7 authorizes the Board to fix tuition fees and other necessary school charges, including matriculation fees, graduation fees, and laboratory fees, after due consultations with involved sectors.
Section 7 provides that tuition and other charges, including government subsidies and other income generated by the University, constitute special trust funds deposited in an authorized government depository bank, and all interest forms part of the same fund for University use.
Section 7 requires that fiduciary fees be disbursed only for the specific purpose for which collected.
Section 7 requires that income generated by the University from tuition and other charges, as well as from auxiliary services and land grants, be retained by the University and may be disbursed by the Board of Regents for instruction, research, extension, or other University programs/projects.
Section 7 allows the Board, if a project cannot be pursued for reasons beyond its control, to authorize use of appropriated and allocated funds for any reasonable purpose necessary and urgent to attain University objectives and goals.
Section 7 requires that purchases and transactions entered into through the Board of Regents be exempt from all taxes and duties.
Section 7 requires that donations of real and personal properties received in trust be exempt from all taxes and considered deductible items from the income tax of the donor.

Appointments, Curricula, Degrees, and Discipline

Section 7 authorizes the Board to appoint, upon recommendation of the President, vice presidents, deans, directors, heads of departments, faculty members, and other officials and employees.
Section 7 authorizes the Board to fix and adjust salaries subject to the Revised Compensation and Position Classification System and other budget and compensation laws governing hours of service and other duties and conditions.
Section 7 authorizes the Board to grant leaves of absence under its own regulations and to remove appointees for cause in accordance with due process of law.
Section 7 authorizes the Board to approve curricula, institutional programs, and rules of discipline drawn by the administrative and academic councils.
Section 7 authorizes the Board to set admission and graduation policies and to award honorary degrees for outstanding contributions in specified fields.
Section 7 authorizes the Board to authorize the award of certificates of completion of non-degree and nontraditional courses.
Section 23 exempts faculty members at the tertiary level from any civil service examination as a requisite for appointment, while preserving the Board’s authority to impose other professional examinations to maintain high academic standards.

Absorption, Affiliations, and Asset Transfer

Section 19 allows the University to accept the affiliation and/or integration of any existing national school within the province whose programs contribute to achieving the University objectives, in coordination with CHED and in consultation with DBM.
Section 19 requires transfer of the integrated school’s funds, properties, assets, and obligations to the University.
Section 20 transfers all assets (fixed and movable), records, personnel, and all liabilities or obligations of the Central Luzon Polytechnic College to the University.
Section 20 protects security of tenure: it provides that the positions, rights, and security of tenure of personnel employed under existing laws prior to absorption are not impaired.
Section 20 requires that incumbents remain in the same status until the Board provides otherwise.
Section 20 declares government parcels of land occupied by the Central Luzon Polytechnic College to be property of the Nueva Ecija University of Science and Technology and requires titling under that name.
Section 20 provides reversion: if the University ceases to exist or is abolished, or if the parcels are no longer needed by the University, the parcels revert to the Province of Nueva Ecija.

Board Powers for Programs, Facilities, and Expansion

Section 7 authorizes the Board to authorize the construction or repair of buildings, machineries, equipment, and facilities, and the purchase/acquisition of real and personal properties, supplies, materials, and equipment.
Section 7 authorizes the Board to set up research and extension centers.
Section 7 authorizes the Board to establish chairs and provide fellowships for qualified faculty and scholarships to deserving students.
Section 7 authorizes absorption of non-chartered tertiary institutions in their respective provinces in coordination with CHED and in consultation with DBM, and authorizes needed programs/courses to promote equal access to educational opportunities mandated by the Constitution.
Section 7 authorizes adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, dual system, open learning, community laboratory, and similar modes for greater access.
Section 7 authorizes policy guidelines and procedures for participative decision-making and transparency within the University.
Section 7 authorizes privatization, where advantageous, of management and non-academic services such as health, food, building or grounds or property maintenance, and similar activities.
Section 7 authorizes joint ventures with business and industry for profitable development and management of the University’s economic assets, with proceeds used for development and strengthening of the University.
Section 7 authorizes development of consortia and linkages with local government units, institutions, agencies (public and private, local and foreign) consistent with the University’s purposes.
Section 7 authorizes institution capability-building academic arrangements with local or foreign institutions and appointment of experts/specialists as consultants or visiting/exchange professors, scholars, or researchers.
Section 7 authorizes the Board to delegate any of its powers and duties to the President and/or other officials to expedite administration.
Section 7 authorizes an external management audit financed by CHED, and requires that the Board institute reforms including academic and structural changes based on audit results and recommendations.
Section 7 authorizes collaboration with other governing boards of state universities in the province or region under CHED supervision and in consultation with DBM for restructuring to become more efficient, relevant, productive, and competitive.

Report to Congress and Student Election Timing

Section 17 requires the Board to file with both Houses of Congress a detailed report on the progress, conditions, and needs of the University on or before the fifteenth day of the second month after the opening of the regular classes each year.
Section 5 requires a one (1) week period for campaign and election of a student representative if the student council president or elected student representative is absent.

Exemptions, Delivery of Equipment, and Appropriations

Section 18 authorizes heads of bureaus and offices of the national government to loan or transfer, upon request of the President, apparatus, equipment, or supplies needed by the University, and to detail employees for duty when such can be spared without serious detriment to public service.
Section 18 provides that detailed employees perform duties required by the President and that the time employed is counted as part of their regular service.
Section 21 charges amounts necessary to carry out the Act against the current year appropriations of the Central Luzon Polytechnic College, except the sum needed to continue the operations of the existing high school.
Section 21 requires that thereafter, sums necessary for continued operation and maintenance be included in the annual General Appropriations Act.

Required Plan and Management Audit Timeline

Section 22 requires the University, within one hundred twenty (120) days after approval of this Act, to:
- submit a five (5)-year development plan, including its corresponding program budget, to CHED for recommendation to DBM;
- undergo a management audit in cooperation with CHED;
- set up its organizational, administrative, and academic structure, including appointment/designation of key University officials; and
- establish at least four (4) separate degree-granting units, including one in the arts and sciences and another at the graduate level.

Faculty and Higher Education Charter Link

Section 24 provides that Republic Act No. 8292 (the Higher Education Modernization Act of 1997) forms an integral part of the Act and serves as the governing charter of the University.
Section 25 deems all other powers, functions, privileges, responsibilities, and limitations under existing laws for state universities and their officials granted to or imposed upon the University and/or its officials when appropriate.

Effectivity, Repeal, and Transitory Operation

Section 27 provides that the Act takes effect upon its approval.
The Act was approved by the President on March 27, 1998 and lapsed into law on March 27, 1998 without the signature of the President in accordance with Article VI, Section 27 (1) of the Philippine Constitution.
Section 26 repeals, amends, or modifies all laws, presidential decrees, executive orders, rules, and regulations contrary to or inconsistent with the Act.