Conversion of CVPC to Negros Oriental State University

University mandate and curricular offerings

Section 2 requires the University to primarily provide advanced education, higher technological/professional instruction and training in arts, sciences, education, commerce, agriculture and forestry, fishery, and other related fields.
Section 2 requires the University to promote research and extension services and provide progressive leadership in its areas of specialization.
Section 3 authorizes the University to offer undergraduate and graduate studies in a broad set of fields, including arts and sciences, philosophy, literature, mass communication, teacher education, agriculture and forestry, fishery, engineering and architecture, maritime education, industrial and information technology, hotel and restaurant management, tourism, public health, criminology, volcanology/geology, public administration, business and accountancy, law, medicine, nontraditional courses, and other courses within its specialization and capabilities.
Section 3 directs that offerings shall particularly aim to meet the needs of the Province of Negros Oriental and the region through decisions of the Board of Regents.
Section 3 requires the University to maintain and operate the existing laboratory high school if it has a College of Education; otherwise, the existing laboratory high school shall remain and operate until the existing students have completed their high school education.

Governance: Board, officials, councils

Section 4 provides that the University has the general powers of a corporation under Batas Pambansa Blg. 68, as amended.
Section 4 vests the administration and the exercise of corporate powers exclusively in the Board of Regents and the president of the University, insofar as authorized by the Board.
Section 5 establishes the Board of Regents as the Governing Board, composed of:
- the Chairperson of CHED as chairperson;
- the president of the University as vice chairperson;
- the Chairperson of the Senate Committee on Education, Arts and Culture as member;
- the Chairperson of the House Committee on Higher and Technical Education as member;
- the Regional Director of NEDA as member;
- the Regional Director of DOST as member;
- the president of the federation of faculty associations as member;
- the president of the federation of student councils as member;
- the president of the federation of alumni associations as member; and
- two (2) prominent citizens who distinguished themselves in their profession or areas of specialization as members.
Section 5 requires the Board of Regents to appoint the two (2) prominent citizens from among a list of at least five (5) qualified persons in Negros Oriental, as recommended by a search committee constituted by the University president, in consultation with the Chairperson of CHED and other Board members, based on the standards and qualifications set by the Board.
Section 5 sets that the terms of the federation presidents (faculty, student, alumni) are coterminus with their respective constitutions and by-laws.
Section 5 provides that the two (2) prominent citizens serve for two (2) years from the date of appointment.
Section 8 requires the Board to convene at least once every quarter; it allows up to two (2) special meetings when necessary, upon a three (3) days prior written notice.
Section 8 sets quorum as majority of all members holding office at the time of the meeting, with the Chairperson of the CHED or the president of the University among those present.
Section 9 provides that the University shall be headed by a president who renders full time service, appointed by the Board upon a recommendation of a search committee, with term of four (4) years and eligible for reappointment for another term; it also provides that the incumbent CVPC president, if qualified, shall serve as the University’s first president to effect smooth transition.
Section 9 requires that the president be assisted by a vice president for academic affairs and a vice president for administration, both appointed by the Board upon the president’s recommendation.
Section 9 authorizes the Board to designate an officer-in-charge pending appointment of a new president in cases of vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity.
Section 10 establishes an Administrative Council chaired by the president and composed of vice presidents, deans, directors, and other officials of equal rank, tasked to review and recommend policies governing administration and management and development planning to the Board.
Section 11 establishes an Academic Council chaired by the president and composed of academic staff with rank not lower than assistant professor, empowered to:
- review and recommend curricular offerings and rules of discipline, subject to Board approval;
- fix requirements for admission and graduation/conferment of degrees, subject to Board review/approval through the president;
- exercise disciplinary power over students; and
- formulate academic policies and disciplinary rules and regulations, subject to Board approval.
Section 12 requires the Board to appoint a Secretary who serves for both the Board and the University, keeps all records and proceedings, and communicates meeting notices to members.
Section 13 provides that the Treasurer of the Philippines is the University’s ex officio treasurer.

Board powers and financial governance

Section 7 gives the Board the specific powers and duties listed, in addition to general corporate powers and the powers granted to corporation boards under existing laws.
Section 7 requires the Board to promulgate rules and regulations necessary to carry out the University’s purposes and functions.
Section 7 empowers the Board to receive and appropriate sums provided for University support.
Section 7 authorizes duty-free importation of economic, technical, and cultural books and/or publications upon CHED certification that they are for specified purposes, consistent with the Tariff and Customs Code, as amended.
Section 7 authorizes the Board to receive in trust legacies, gifts, and donations of real and personal properties and to administer and dispose of them when necessary for the University’s benefit, subject to donor limitations and directions.
Section 7 provides that such donations are exempt from donoras tax and are allowable deductions from gross income for the donor’s income tax computation under the National Internal Revenue Code (NIRC), as amended, with the condition that the donations shall not be disposed of, transferred or sold.
Section 7 authorizes the Board to fix tuition fees and other necessary school charges, including matriculation fees, graduation fees, and laboratory fees, after due consultation with involved sectors.
Section 7 provides that tuition and other charges (including government subsidies and other University income) constitute special trust funds deposited in any authorized government depository bank, and all interests form part of the same funds for University use.
Section 7 provides that University income from tuition and other charges and from auxiliary services and land grants is retained by the University and may be disbursed for instruction, research, extension, or other University programs/projects, provided that fiduciary fees must be disbursed for the specific purposes for which collected.
Section 7 allows the Board, if the University cannot pursue a project for reasons beyond its control, to authorize use of appropriated funds for a reasonable purpose necessary and urgent to attain University objectives and goals.
Section 7 mandates that the Board adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students.
Section 7 authorizes the Board to construct or repair buildings, machinery, equipment, and facilities; and to purchase/acquire real property and needed supplies, materials, and equipment.
Section 7 empowers the Board to appoint, upon recommendation of the president, vice presidents, deans, directors, heads of campus, faculty, and other officials and employees.
Section 7 empowers the Board to fix and adjust salaries, grant leaves of absence, and remove for cause in accordance with due process and applicable compensation/classification and budget laws and regulations.
Section 7 empowers the Board to approve curricula, instructional programs, and rules of discipline drawn by administrative and academic councils; to set admission and graduation policies; and to award honorary degrees and certificates of completion of nondegree and nontraditional courses.
Section 7 authorizes establishing and absorbing nonchartered tertiary institutions within Negros Oriental as branches and centers in coordination with CHED and in consultation with DBM, to offer programs/courses for equal access to educational opportunities.
Section 7 empowers the Board to establish research and extension centers, establish chairs and provide fellowships for qualified faculty members and scholarships to deserving students.
Section 7 allows delegation of any Board powers/duties to the president and/or other officials for faster administration.
Section 7 authorizes an external management audit financed by CHED, subject to Commission on Audit (COA) rules; and allows instituting reforms including academic and structure changes based on audit results.
Section 7 authorizes collaboration with governing boards of state colleges and universities in Negros Oriental or the region under CHED supervision and in consultation with DBM, toward restructuring for efficiency and competitiveness.
Section 7 allows joint ventures with business and industry for profitable development and management of the University’s economic assets, with proceeds used for University development and strengthening.
Section 7 authorizes consortia and other economic linkages with LGUs, institutions, and agencies public and private, local and foreign, toward University purposes.
Section 7 authorizes academic arrangements for institution-capability building and appointment of experts/specialists as consultants, part-time or visiting or exchange professors, scholars, or researchers as case may be.
Section 7 authorizes adoption of modern/innovative knowledge transmission modes such as information technology, dual system, open learning, distance education, community laboratory, and similar methods to promote greater access.
Section 7 authorizes setting policy guidelines and procedures for participative decision-making and transparency within the University.
Section 7 authorizes privatization, where most advantageous, of management of non-academic services such as health, food, building or grounds or property maintenance and similar activities.
Section 7 authorizes extending the term of the president beyond retirement age but not later than seventy (70), when performance is unanimously rated by the Governing Board as outstanding, based on Board guidelines, qualifications and/or standards, and after unanimous recommendation by the search committee.

Board operations and member compensation limits

Section 8 provides that in the absence of the CHED Chairperson, a CHED Commissioner designated by him/her shall represent with all rights and responsibilities of a regular member.
Section 8 provides that during that meeting, the president (as vice chairperson) presides, unless the CHED Chairperson designates a CHED Commissioner as regular chair, in which case that Commissioner presides.
Section 8 allows congressional education committee chairpersons who cannot attend to designate representatives to attend with the same rights and responsibilities as regular members.
Section 8 prohibits Board members from receiving salary, while allowing reimbursements for actual and necessary expenses incurred in attending meetings or other authorized official business, subject to existing laws and regulations.

Faculty, student access, autonomy, and scholarships

Section 14 prohibits inquiring into political beliefs, gender preference, cultural or community affiliation, ethnic origin, and religious opinion or affiliation in appointing faculty members, while making appointments subject to Board guidelines, qualifications and/or standards.
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 assist poor but deserving students who qualify for admission.
Section 15 prohibits denying admission by reason of sex, religion, cultural or community affiliation, or ethnic origin.
Section 16 grants the University academic freedom and institutional autonomy under paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

Assistance from national government offices

Section 17 authorizes heads of national government bureaus and offices, upon the president’s request, to loan or transfer apparatus, equipment, or supplies needed by the University and to detail employees for duty when such assets/services can be spared without serious detriment to public service.
Section 17 requires detailed employees to perform duties required by the president of the University, and counts the time employed as part of their regular services.

Assets transfer, land disposition, and reversion

Section 18 transfers to the University all assets, real and personal, personnel, records, and liabilities/obligations of the CVPC.
Section 18 requires respect for the faculty members’ and personnel’s positions, rights, and security of tenure under existing laws.
Section 18 declares that all parcels of land belonging to the government and occupied by the CVPC, Genaro GoAi Memorial College, Siaton Community College, and Mabinay Institute of Technology are the property of the Negros Oriental State University and must be titled under that name.
Section 18 provides that 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 LGU concerned.

Appropriations and continuing LGU support

Section 19 charges the amount necessary for initial implementation against the current year’s appropriations of the CVPC under the current General Appropriations Act and funding provided by the concerned LGUs.
Section 19 requires LGUs to continue assistance to the state university for the same funding given to the Genaro GoAi Memorial College, the Siaton Community College, and the Mabinay Institute of Technology prior to integration into NORSU, until full funding requirements of NORSU are included in the annual General Appropriations Act.

Development plan and required audits

Section 20 requires the University, within one hundred twenty (120) days after approval of the 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; and
- set up its organizational, administrative, and academic structure, including appointment of key officials.

Annual progress reporting

Section 21 requires the Board to file, on or before the fifteen (15th) day of the second month after opening of regular classes each year, a detailed report on progress, conditions, and needs of the University with the Office of the President of the Philippines through the Chairperson of CHED, and with both Houses of Congress.

Integration of higher education modernization rules

Section 22 incorporates the provisions of Republic Act No. 8292, the Higher Education Modernization Act of 1997, as an integral part of this Act and as part of the University’s Governing Charter.

Repeal and effectivity

Section 23 repeals or modifies all laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act.
Section 24 provides that the Act takes effect upon approval.
Republic Act No. 9299 is approved on June 25, 2004.