Conversion of Don Severino Agricultural College to Cavite State University

Educational scope and laboratory/high school transfer

Section 3 transfers the existing high school 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.

General policy, academic intent, and freedom

Section 6 requires the Board to promulgate and implement policies consistent with declared State policies on education and with pertinent constitutional provisions on education, agriculture, science and technology.
Section 6 binds the Board to the policies, standards, and thrusts of CHED under Republic Act No. 7722.
Section 18 mandates the University to provide a scholarship program and other affirmative action programs to assist poor but deserving students.
Section 19 grants the University academic freedom.

Governing structure and appointment rules

Section 4 provides that the University shall have the general powers of a corporation under the Corporation Law.
Section 4 vests administration and exercise of corporate powers exclusively in the Board of Regents.
Section 5 establishes the Board of Regents as the governing body and fixes its membership composition, including:
- Chairman: Chairman of CHED (Chairman);
- President of the University (Vice-Chairman);
- Senate Committee on Education, Arts and Culture Chairman;
- House of Representatives Committee on Education and Culture Chairman;
- Regional Director of NEDA where the main campus is located;
- Presidents of federation of faculty associations, federation of student councils, and alumni association;
- Two (2) prominent citizens from among at least five (5) qualified persons in Cavite, chosen from a search committee list recommended by the University President in consultation with the CHED Chairman.
Section 5 fixes governance terms:
- Faculty, student, and alumni federation presidents serve coterminous with their respective terms of office.
- The two prominent citizens serve a term of two (2) years.
- In vacancy, the Board designates an officer-in-charge to serve the unexpired term only.
- The President of the University may have a term terminated under the Act and is entitled to full retirement benefits under existing laws.
Section 5 provides that in multi-campus universities, faculty, alumni, and student council are represented by the presidents of federations.

Board operations and meetings

Section 8 requires the Board to convene at least once every quarter.
Section 8 authorizes the CHED Chairman (Chairman of the Board) to call a special meeting upon three (3) daya prior written notice whenever necessary.
Section 8 sets quorum as majority of all members holding office at the time of the meeting, with the condition that the Chairman of CHED or the President of the University must be present.
Section 8 provides representation mechanics:
- If the Chairman of CHED is absent, a Commissioner of CHED designated by him represents him with all rights and responsibilities of a regular member.
- In that meeting, the President of the University as Vice Chairman presides.
Section 8 provides that Board members receive no salary, but are entitled to reimbursements for actual and necessary expenses incurred for official business, subject to existing laws and regulations.

University president and leadership council

Section 9 provides that the University is headed by a President who renders full-time service.
Section 9 requires the Board to appoint the President upon the recommendation of a duly constituted search committee.
Section 9 sets the President’s term at four (4) years, extendible only for another four (4) years.
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 creates an administrative council chaired by the President and composed of vice presidents, deans, directors, and other officials of equal rank, tasked to implement Board-approved policies.
Section 11 creates an academic council chaired by the President and composed of all instructional staff with rank not lower than assistant professor, tasked to:
- Prescribe curricular offerings subject to Board approval;
- Fix admission and graduation requirements and degree conferring requirements subject to Board review/approval through the President;
- Exercise disciplinary power over students;
- Formulate academic policies and rules on discipline subject to Board approval.

Board specific powers and operational authority

Section 7 authorizes the Board to enact rules and regulations not contrary to law necessary to carry out the University’s purpose and functions.
Section 7 authorizes the Board to receive and appropriate sums for support of the University in its discretion.
Section 7 allows the Board to receive in trust legacies, gifts, and donations of real and personal properties and to administer and dispose them for the University’s benefit, subject to donor limitations and directions.
Section 7 provides that donations are exempt from all taxes and are deductible items from the income tax of the donor.
Section 7 empowers 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 requires that tuition and other charges, including government subsidies and other University income, constitute special trust funds deposited in any authorized government depository bank, and that interest accrual forms part of the same funds.
Section 7 mandates that income generated by the University from tuition and other charges, and from auxiliary services and land grants, is retained by the University and may be disbursed by the Board for instruction, research, extension, or other University programs/projects, with the rule that fiduciary fees must be disbursed for their specific collection purpose.
Section 7 permits the Board, if the University cannot pursue projects for reasons beyond its control, to authorize use of appropriated funds for reasonable and necessary urgent purposes to attain University objectives and goals.
Section 7 requires the adoption and implementation of a socialized scheme of tuition and school fees for greater access to poor but deserving students.
Section 7 authorizes construction or repair of buildings, machinery, equipment, and facilities, and purchase/acquisition of real and personal properties, including supplies and equipment; purchases and transactions entered through the Board are exempt from all taxes and duties.
Section 7 authorizes the Board to appoint vice presidents, deans, directors, and heads of departments upon recommendation of the President, and to appoint faculty members and other officials and employees.
Section 7 authorizes the Board to fix and adjust salaries of faculty and administrative officials and employees subject to the Revised Compensation and Position Classification System and other pertinent compensation laws, to grant leaves of absence under Board regulations, and to remove personnel for cause in accordance with due process.
Section 7 empowers the Board to:
- Approve curricula, institutional programs, and rules of discipline drawn by administrative and academic councils;
- Set policies on admission and graduation;
- Award honorary degrees for outstanding contribution in agriculture or the University’s academic specialization, and authorize certificates of completion of non-degree and non-traditional courses;
- Establish and absorb tertiary institutions within Cavite as branches/centers/stations in coordination with CHED and in consultation with DBM, and offer programs/courses to promote equal access to educational opportunities mandated by the Constitution;
- Establish research and extension centers;
- Establish chairs and provide fellowships for qualified faculty and scholarships for deserving students;
- Delegate powers and duties to the President and/or other officials to expedite administration;
- Authorize an external management audit financed by CHED and institute reforms based on audit results and recommendations;
- Collaborate with other governing boards of State universities and colleges in Cavite under CHED supervision and DBM consultation for restructuring toward efficiency, relevance, productivity, and competitiveness;
- Enter joint ventures with business and industry for profitable development and management of the University’s economic assets, with proceeds used for development and strengthening;
- Develop consortia and other linkages with local government units, institutions, and agencies public and private, local and foreign;
- Develop academic arrangements for institution capability building and appoint experts/specialists as consultants or visiting/exchange professors, scholars, researchers;
- Set up adoption of modern and innovative modes of transmitting knowledge such as information technology, dual system, open learning, community laboratory, etc., to promote greater access to higher education;
- Establish policy guidelines and procedures for participative decision-making and transparency;
- Privatize, where most advantageous, management of nonacademic services such as health, food, building, grounds or property maintenance and similar activities;
- Extend the term of the President beyond retirement age but not later than seventy (70), if performance is unanimously rated as outstanding and the search committee unanimously recommends.

Administrative personnel, treasurer, and secretary

Section 12 requires the Board to appoint a Secretary who serves both the Board and the University, keeps all Board records and proceedings, and communicates meeting notices to Board members.
Section 13 provides that the Treasurer of the Philippines is the ex-officio treasurer of the University.

Faculty appointment neutrality and limitations

Section 14 prohibits making religious opinion or affiliation a matter of inquiry in appointment of faculty members.
Section 14 prohibits any faculty member from teaching for or against any particular church or religious sect.

Transition provisions and transfer of assets/obligations

Section 15 directs that the incumbent President of the Don Severino Agricultural College, if qualified, serves as the first President of the University subject to Section 9.
Section 16 transmits all assets (fixed and movable), personnel, and records of the Don Severino Agricultural College to the University, including liabilities or obligations.
Section 16 preserves positions and security of tenure of personnel employed under existing laws prior to conversion, stating that positions, rights, and security of tenure are not impaired.
Section 16 provides that incumbents remain under the same status until otherwise provided for by the Board.
Section 16 declares that government parcels of land belonging to the government and occupied by the Don Severino Agricultural College become the property of the University and must be titled under the University’s name.
Section 16 provides reversion if the University ceases to exist or is abolished, or if the parcels are no longer needed: parcels revert to the Province of Cavite.

Assistance, loans/transfers of government resources

Section 17 authorizes heads of national government bureaus and offices, upon request of the University President, to loan or transfer apparatus, equipment, or supplies needed by the University.
Section 17 authorizes detailing employees for duty at the University when their services can be spared without serious detriment to public service.
Section 17 requires that detailed employees perform duties required by the President of the University and that their time is counted as part of regular services.

Admission protections and scholarship/affirmative action

Section 18 requires the University to run scholarship and affirmative action programs to assist poor but deserving students to qualify for admission.
Section 18 bars denial of admission on grounds of sex, religion, cultural or community affiliation, or ethnic origin.

Reporting obligations to Congress

Section 20 requires the Board to file with both Houses of Congress a detailed report on the University’s progress, condition, and needs on or before the fifteenth day of the second month after the opening of the regular classes each year.

Integration of existing national schools

Section 21 authorizes the University to accept affiliation and/or integration of any existing national school within Cavite whose programs contribute to attaining the University’s objectives.
Section 21 requires coordination with CHED and consultation with DBM.
Section 21 requires that funds, properties, other assets, and obligations of the integrated school be transferred to the University.

Funding and budgeting rules

Section 22 charges implementation needs against the current year appropriations of the Don Severino Agricultural College, except the amount needed to continue operations of the existing high school.
Section 22 provides that after that, sums necessary for continued operation and maintenance are included in the annual General Appropriations Act.

Development plan and audit timeline

Section 23 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;
- Set up organizational, administrative, and academic structure including appointment/designation of key officials;
- Establish at least four (4) separate degree granting units, with one in arts and sciences and another at the graduate level.

Faculty civil service exemption

Section 24 exempts University tertiary-level faculty from any civil service examination as a requisite for appointment.
Section 24 preserves the Board’s right to impose other professional examination requirements to maintain high academic standards.

Relation to Higher Education Modernization Act

Section 25 makes Republic Act No. 8293, the Higher Education Modernization Act of 1997, an integral part of the University charter and together serves as the governing charter of the University.

Charter application and default State-university authority

Section 26 deems all powers, functions, privileges, responsibilities, limitations to State universities and/or their officials under existing laws to be granted to or imposed on the University and/or its officials whenever appropriate.

Repeal and effectivity

Section 27 repeals, amends, or modifies all laws, presidential decrees, executive orders, rules, and regulations contrary or inconsistent with the Act.
Section 28 provides that the Act takes effect upon approval.
The Act is Republic Act No. 8468, approved January 22, 1998.