Conversion of Eastern Samar State College to University

University mandate and curricular offerings

Section 2 directs the University to primarily provide advanced education, higher technological, professional instruction and training in industry, computer and information technology, forestry, environmental sciences, agriculture and veterinary medicine, fishery, medicine and related sciences, engineering, education, law, arts and sciences, and other related fields of study.
Section 2 requires the University to promote research and extension services and to provide progressive leadership in its areas of specialization.
Section 3 requires the University to offer undergraduate and graduate courses in fields including sciences, technology, literature, humanities, philosophy, agriculture, education, forestry, arts and sciences, and other degrees/courses within its areas of specialization and according to its capabilities as the Board of Regents deems necessary.
Section 3 states that offerings must particularly meet the needs of the Province of Eastern Samar and the Region.
Section 3 provides that existing high schools are transferred to the jurisdiction and supervision of the Department of Education, while allowing the high school to remain and operate within the University campus until the existing students complete high school education.
Section 3 authorizes the University to operate a reasonably-sized laboratory school, if it has a College of Education.

Governance: Board of Regents and councils

Section 4 gives the University the general powers of a corporation under Batas Pambansa Blg. 68 (as amended), and vests administration and corporate powers exclusively in the Board of Regents and the president of the University.
Section 5 establishes the Board of Regents as the governing board, composed of:
- The Chairperson of the Commission on Higher Education (CHED) as Chairperson.
- The president of the University as vice chairperson.
- The Chairperson of the Committee on Education, Arts and Culture of the Senate as member.
- The Chairperson of the Committee on Higher and Technical Education of the House of Representatives as member.
- The Regional Director of the National Economic and Development Authority (NEDA) as member.
- The Regional Director of the Department of Science and Technology (DOST) as member.
- The president of the federation of faculty associations of the University as member.
- The president of the federation of student councils of the University as member.
- The president of the federation of alumni associations of the University as member.
- Two (2) prominent citizens from the private sector with distinguished professional or specialization achievements as members.
Section 5 requires the Board to appoint the two (2) prominent citizens from a list of at least five (5) persons qualified in the Province of Eastern Samar, as recommended by a search committee constituted by the University president, in consultation with the Chairperson of CHED and other Board members, using the Board’s normal standards and qualifications.
Section 5 fixes the term of the two (2) prominent citizens at two (2) years from date of appointment.
Section 5 makes the terms of the federation presidents (faculty, student councils, alumni) coterminous with their respective constitutional and by-laws terms.
Section 6 requires the Board to promulgate and implement policies consistent with state education policies, constitutional provisions on education, agriculture, science and technology, and CHED policies under Republic Act No. 7722 (Higher Education Act of 1994).
Section 8 requires the Board to convene at least once every quarter, and allows up to two (2) special meetings upon three (3) days prior written notice by the Chairperson.
Section 8 provides that quorum consists of a majority of all its members holding office at the time, with the Chairperson of the Board or the president of the University among those present.
Section 8 provides for CHED representation in the Chairperson’s absence, and specifies presiding officer rules during such meeting arrangements, including designation of a CHED commissioner as regular Chair when authorized.
Section 8 states Board members receive no salary, but may be reimbursed for actual and necessary expenses for meeting attendance or other authorized official business, subject to law and regulations.
Section 10 creates an Administrative Council chaired by the University president, with vice presidents, deans, directors, and other officials of equal rank, tasked to implement Board-approved policies for administration, management, and development planning.
Section 11 creates an Academic Council chaired by the University president and consisting of academic staff with rank not lower than assistant professor, with powers to:
- Review and recommend curricular offerings and rules of discipline, subject to Board approval.
- Fix admission requirements and graduation and degree conferment requirements, subject to review and/or approval by the Board of Regents through the president.
- Exercise disciplinary power over students.
- Formulate academic policies and discipline rules, subject to Board of Regents approval.
Section 12 requires the Board to appoint a secretary who serves both the Board and the University, keeps Board records and proceedings, and communicates meeting notices to Board members.

University president and key appointments

Section 9 requires the University to be headed by a president rendering full-time service, appointed by the Board upon recommendation of a duly constituted search committee, subject to Board-set guidelines and standards.
Section 9 sets the president’s term at four (4) years, with eligibility for reappointment for another term.
Section 9 provides that the incumbent president of the Eastern Samar State College, if qualified, shall serve as the first president of the University to effect smooth transition.
Section 9 requires the Board to constitute a presidency search committee (SCP) within six (6) months before expiration of the incumbent president’s term.
Section 9 requires the president to be assisted by a vice president for Academic Affairs and a vice president for Administration, appointed by the Board upon recommendation of the president.
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 9 provides that the successor or officer-in-charge holds office only for the unexpired term.
Section 9 states the president’s powers and duties include those usually pertaining to similar university presidential offices and those delegated by the Board, in addition to those expressly provided in the Act.
Section 9 mandates the president’s salary follow the Revised Compensation and Position Classification System, comparable to presidents of similar educational institutions.

Board powers: academic, finance, staffing

Section 7 authorizes the Board to promulgate rules and regulations necessary to carry out the University’s purpose and functions.
Section 7 empowers the Board to receive and appropriate all sums provided for University support in the manner it determines.
Section 7 allows duty-free importation of economic, technical, and cultural books and/or publications upon CHED certification that imports are for economic, technical, vocational, scientific, philosophical, historical or cultural 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, to administer and dispose of them when necessary for University benefit, subject to donor limitations and directions.
Section 7 provides that such donations are exempt from the donor’s tax and are allowable deductions from the gross income for the donor’s income tax computation under the National Internal Revenue Code (NIRC) of 1997, as amended, with the condition that the donations shall not be disposed of, transferred, or sold.
Section 7 empowers the Board to fix tuition fees and other school charges including matriculation fees, graduation fees, and laboratory fees after due consultation with involved sectors.
Section 7 establishes that tuition and charges (including government subsidies and other University income) constitute special trust funds deposited in an authorized government depository bank, and that the interests accrued form part of the same funds for University use.
Section 7 directs that income generated from tuition and other charges, from operation of auxiliary services, and from land grants shall be retained by the University and may be disbursed by the Board for instruction, research, extension, or other programs/projects, with fiduciary fees disbursed for their collected specific purposes.
Section 7 authorizes the Board, if unable to pursue an appropriated project due to reasons beyond its control, to use the funds for any reasonable and necessary urgent purpose to attain the University’s objectives and goals.
Section 7 requires the Board to adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students.
Section 7 empowers the Board to authorize construction or repair of buildings, machinery, equipment, and other facilities, and to purchase and acquire real property including needed supplies, materials, and equipment.
Section 7 authorizes the Board to appoint, upon the president’s recommendation, vice presidents, deans, directors, heads of campuses, faculty members, and other university officials and employees.
Section 7 allows 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 budget and compensation laws on hours of service and other duties and conditions, and to grant leaves of absence under regulations it promulgates; it authorizes removal for cause in accordance with due process.
Section 7 empowers the Board to approve curricula, instructional programs, and rules of discipline drawn by administrative and academic councils.
Section 7 authorizes the Board to set policies on admission and graduation.
Section 7 authorizes the Board to award honorary degrees and certificates of completion of non-degree and nontraditional courses.
Section 7 authorizes establishment and absorption of non-chartered tertiary institutions as branches and centers within the Province of Eastern Samar, in coordination with CHED and in consultation with DBM, with programs/courses promoting equal access to educational opportunities mandated by the Constitution.
Section 7 authorizes establishment of research and extension centers of the University.
Section 7 empowers the Board to establish chairs and provide fellowships for qualified faculty members and scholarships for deserving students.
Section 7 allows delegation of Board powers and duties to the president and/or other officials to expedite university administration.
Section 7 authorizes an external management audit financed by CHED, subject to COA rules, and empowers the Board to institute reforms, including academic and structural changes, based on audit results and recommendations.
Section 7 authorizes collaboration with other governing boards of State colleges and universities within the Province of Eastern Samar or the Region under CHED supervision and in consultation with DBM, for restructuring toward greater efficiency, relevance, productivity, and competitiveness.
Section 7 allows joint ventures with business and industry for profitable development and management of University economic assets, with proceeds used for University development and strengthening.
Section 7 empowers the Board to develop consortia and other linkage forms with local government units, institutions, agencies, and public/private and local/foreign partners to further University purposes.
Section 7 empowers the Board to develop academic arrangements for institution capability building with appropriate institutions and agencies public/private and local/foreign, and to appoint experts/specialists as consultants or part-time/visiting/exchange professors, scholars, or researchers.
Section 7 authorizes setting policy guidelines for modern and innovative knowledge transmission modes including information technology, dual system, open learning, or distance education, and community laboratory to promote greater access to education.
Section 7 empowers the Board to set guidelines and procedures for participative decision-making and transparency.
Section 7 authorizes privatization where most advantageous for management of non-academic services such as health, food, building or grounds or property maintenance, and similar activities.
Section 7 allows extension of the president’s term beyond the retirement age but not later than the age of seventy (70), based on unanimously outstanding performance rated by the governing board using Board-set guidelines and standards and after unanimous recommendation by the search committee.

Board meetings and administrative support

Section 8 requires quarterly regular convening and allows limited special meetings upon notice.
Section 8 provides quorum and presiding officer rules, including CHED representation and chairing arrangements when the CHED Chairperson is absent.
Section 8 authorizes Congressional Education Committee chairpersons to designate representatives with rights and responsibilities as regular members if they cannot attend.
Section 8 provides reimbursement rules for Board members’ actual and necessary expenses in the absence of salary.

University officers, faculty, and student access

Section 14 forbids inquiry in appointment of faculty into religious opinion or affiliation, political beliefs, gender preference, cultural or community affiliation, or ethnic origin.
Section 14 requires faculty appointment to be subject to Board-set guidelines, qualifications, and 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 denial of admission on account of sex, religion, cultural or community affiliation, or ethnic origin.
Section 16 grants academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

Student discipline and laboratory/education transition

Section 3 requires transfer of existing high schools to the Department of Education while permitting campus operation until current students complete high school education.
Section 3 allows a laboratory school operated by the University if it has a College of Education.
Section 11 gives the Academic Council disciplinary power over University students and the authority to formulate discipline rules subject to Board approval.

Transfer of assets, personnel, and land

Section 18 transfers to the University all assets, real and personal property, personnel, and records of the Eastern Samar State College and the Maydolong National Agricultural School, including liabilities and obligations.
Section 18 requires respect for positions, rights, and security of tenure of personnel under existing laws.
Section 18 declares government parcels of land belonging to the government and occupied by ESSC and the Maydolong National Agricultural School to be property of the Eastern Samar State University.
Section 18 requires titling of those parcels under the name of the University.
Section 18 provides that if the University ceases to exist or is abolished, or if parcels are no longer needed, the parcels revert to the Province of Eastern Samar.

Borrowing equipment and staff detail

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

Appropriations, development plan, and reporting

Section 19 charges amounts necessary to carry out the Act against the current year’s appropriations of the Eastern Samar State College and the Maydolong National Agricultural School, except sums needed to continue operations of the existing high school.
Section 19 requires thereafter that sums necessary for continued operation and maintenance be included in the annual General Appropriations Act.
Section 20 requires the University, within one hundred twenty (120) days after approval, to:
- Submit a five (5)-year development plan, including corresponding program budget, to CHED for recommendation to DBM.
- Undergo a management audit in cooperation with CHED.
- Set up the University’s organizational, administrative, and academic structure, including appointment of key officials.
Section 21 requires the Board to file on or before the fifteenth (15th) day of the second month after opening of regular classes each year a detailed report to the Office of the President of the Philippines through the Chairperson of CHED, and to both Houses of Congress on progress, conditions, and needs.

Charter integration and repeal; effectivity

Section 22 makes Republic Act No. 8292 (Higher Education Modernization Act of 1997) an integral part of the Act and part of the University’s Governing Charter.
Section 23 repeals or modifies 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.
Effectivity/approval: August 7, 2004 (approval date).