Punishment for Infidelity in Prisoner Custody

Academic Offerings and Functions

Section 2 requires the SUNN to offer short-term technical-vocational, undergraduate, and graduate programs within its areas of competency and specialization.
Section 2 limits program fields to agriculture, arts, biology, national science, business and management, criminology, education, engineering, fisheries, food technology, healthcare, industrial technology, information and communications technology, management, marine sciences, and other relevant fields of study deemed necessary by the Board.
Section 2 mandates that program offerings respond to the human resources development needs of the Province of Negros Occidental and Region VI.
Section 2 directs the SUNN to undertake research and extension services and to provide progressive leadership in its areas of specialization.

Corporate Powers and Governance Structure

Section 3 provides that the SUNN has the general powers of a corporation under Republic Act No. 11232 (the Revised Corporation Code of the Philippines).
Section 3 vests administration of the SUNN and exercise of corporate powers exclusively in the Board and the President.
Section 4 establishes the Board as the governing body, chaired and co-chaired by the Chairperson of the Commission on Higher Education (CHED) and the President of the SUNN, respectively.
Section 4 provides that the Board includes specified institutional representatives and members, including two (2) prominent private-sector citizens.
Section 4 sets the term of the two (2) prominent citizens at two (2) years from appointment.

Powers and Duties of the Board

Section 5 grants the Board all general corporate powers of a governing board and additional specific powers and duties.
Section 5(a) requires the Board to promulgate and implement policies aligned with Constitutional education, agriculture, science and technology, and the CHED policies, standards, and thrusts under Republic Act No. 7722 (Higher Education Act of 1994).
Section 5(b) requires the Board to approve curricula, instructional programs, and student-discipline rules drawn by the Administrative and Academic Councils.
Section 5(c) authorizes the Board to appoint key academic and administrative personnel upon the recommendation of the President.
Section 5(d) authorizes the Board to fix and adjust salaries subject to the Revised Compensation and Position Classification System and other compensation laws, and to grant leaves and remove for cause consistent with due process of law.
Section 5(e) authorizes the Board to fix tuition and school charges (including matriculation, graduation, and laboratory fees) after due consultation, and declares that the fees and charges (including government subsidies and other SUNN income) constitute the SUNN’s special trust funds deposited in an authorized government depository bank, with accrued interests forming part of the same funds for SUNN use.
Section 5(e) requires fiduciary fees to be disbursed only for the specific purposes for which collected.
Section 5(e) authorizes the Board, when projects for which funds were appropriated and allocated cannot be pursued for reasons beyond control, to use such funds for any reasonable purpose necessary and urgent to attain SUNN objectives and goals.
Section 5(f) requires adoption and implementation of a socialized scheme of tuition and other school fees in accordance with Republic Act No. 10931 (Universal Access to Quality Tertiary Education Act).
Section 5(g) directs the Board to establish professorial chairs and provide fellowships for qualified faculty and scholarships to deserving students.
Section 5(i) requires the Board to set admission and graduation policies.
Section 5(j) authorizes honorary degrees and certification of completion of nondegree and nontraditional courses.
Section 5(k) requires establishment of research and extension centers.
Section 5(l) authorizes academic capability-building arrangements and appointment of consultants or visiting experts.
Section 5(m) requires adoption of modern knowledge-transmission modes including information technology, dual training system, open distance learning, and community laboratory.
Section 5(n) authorizes collaboration with other state universities and colleges in Negros Occidental and Region VI under CHED supervision and in consultation with the DBM, to restructure the SUNN for efficiency, relevance, productivity, and competitiveness.
Section 5(o) authorizes absorption of non-chartered tertiary institutions within Negros Occidental and Region VI as branches, extension or external centers in coordination with CHED and in consultation with DBM, and offering programs or courses to implement the mandate of equal access.
Section 5(p) authorizes an external management audit financed by CHED subject to Commission on Audit rules, and requires reforms based on audit results and recommendations.
Section 5(q) authorizes development of consortia and economic linkage forms with LGUs and public/private/local/foreign institutions and agencies.
Section 5(r) authorizes importation of economic, technical, and cultural books and publications.
Section 5(s) authorizes joint ventures with business and industry for profitable development and economic assets, with proceeds used for SUNN development and strengthening.
Section 5(t) authorizes receipt in trust, and administration and disposition, of legacies, gifts, and donations of real and personal properties for SUNN benefit subject to donor limitations and directions, if any.
Section 5(u) allows extension of the SUNN President’s term beyond retirement age but not beyond seventy (70), subject to Board guidelines and an outstanding performance rating and unanimous search-committee recommendation.
Section 5(v) authorizes delegation of Board powers and duties to the President and other SUNN officials.
Section 5(w) requires establishment of participative and transparent decision-making policy guidelines and procedures.
Section 5(x) authorizes privatization of the management of nonacademic services such as health, food, building/grounds or property maintenance, and similar activities when most advantageous to the SUNN.
Section 5(y) authorizes construction or repair of buildings, machinery, equipment, and other facilities; and purchase/acquisition of real property, including necessary supplies, materials, and equipment.
Section 5(z) requires promulgation of rules and regulations necessary to carry out SUNN purposes and functions.

Board Meetings and Membership Limits

Section 6 requires regular Board meetings once every three (3) months.
Section 6 authorizes the Chairperson to call special meetings whenever necessary, with written notice to members at least three (3) days prior.
Section 6 provides that quorum consists of a majority of all members holding office at the time of the meeting, but requires presence of the Chairperson of the Board or the President of the SUNN.
Section 6 allows a CHED Commissioner designated by the CHED Chairperson to attend if the CHED Chairperson cannot attend, with full rights and responsibilities of a regular member.
Section 6 provides that the President of the SUNN, as Vice Chairperson, presides during meetings, except when the CHED Chairperson designates a CHED Commissioner as regular Chairperson, who then presides.
Section 6 allows Senate and House committee chairs’ inability to attend to be covered by designated representatives with the same rights and responsibilities as regular members.
Section 6 provides Board members do not receive salary but are entitled to reimbursement for actual and necessary expenses incurred for meetings or authorized official business, subject to existing laws and regulations.

University President and Officers

Section 7 provides that the SUNN is headed by a President appointed by the Board subject to Board guidelines and standards and based on a recommendation of a duly constituted search committee.
Section 7 requires the President to render full-time service, serves a term of four (4) years, and may be reappointed for another term.
Section 7 provides that the incumbent NONESCOST President, if qualified, shall serve as the first President of the SUNN to ensure smooth transition.
Section 7 requires the Board to constitute the Search Committee for the Presidency within six (6) months before expiration of the incumbent President’s term.
Section 7 provides the President’s salary is in accordance with Republic Act No. 11466 (Salary Standardization Law of 2019) and amendatory laws, and is comparable to salaries of presidents of similar educational institutions.
Section 7 requires the Board to designate an Officer-in-Charge for vacancies due to death, compulsory retirement, resignation, removal for cause, or incapacity, and limits service to the unexpired portion of the term.
Section 7 requires the President to be assisted by Vice President for Academic Affairs, Vice President for Administration, and Vice President for Research, Development and Extension, appointed by the Board upon the President’s recommendation.

Councils, Campus Heads, Faculty Rules

Section 8 provides that the Board appoints a Secretary who serves for both the Board and SUNN, keeps all records and proceedings, and serves notices of Board meetings to each member.
Section 9 provides the Treasurer of the Philippines is the ex officio Treasurer of the SUNN.
Section 10 establishes an Administrative Council chaired by the SUNN President and composed of vice presidents, deans, directors, and other officials of equal rank, which reviews and recommends policies for administration, management, and development planning.
Section 11 establishes an Academic Council composed of the SUNN President as chairperson and all academic staff with at least the rank of assistant professor, which formulates academic policies.
Section 11 authorizes the Academic Council to review and recommend curricular offerings and student discipline rules subject to Board approval.
Section 11 requires the Academic Council to fix admission and graduation requirements and conferment of degrees subject to Board review and approval through the President.
Section 11 provides the Academic Council exercises disciplinary power over students and formulates student discipline rules subject to Board approval.
Section 12 requires Campus Directors to serve as campus heads/administrators on full-time basis, appointed or designated by the Board upon recommendation of the search committee and the President, subject to Board guidelines and standards; incumbent Campus Directors continue to serve upon effectivity.
Section 13 prohibits inquiring into political belief, gender preference, cultural/community affiliation, ethnic origin, religious opinion or affiliation in faculty appointments, while requiring appointments to follow Board guidelines, qualifications, and standards.
Section 13 prohibits any faculty member from teaching for or against any particular church or religious sect.

Academic Freedom and Scholarship Mandate

Section 14 declares the SUNN enjoys academic freedom and institutional autonomy under Article XIV, Section 5(2) of the Constitution.
Section 15 requires the SUNN to provide scholarship and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 15 prohibits denial of admission based on gender, religion, cultural or community affiliation, or ethnic origin.

Assets, Personnel, and Land Ownership Transfer

Section 16 authorizes national government bureau and office heads, upon request through the President and by Board request, to loan or transfer needed apparatus/equipment/supplies and detail employees to the SUNN when such service can be spared without serious detriment to public service.
Section 16 requires detailed employees to perform duties required by the President of the SUNN and counts the time served as part of regular service.
Section 17 transfers all assets, real and personal, personnel, records, and liabilities/obligations of NONESCOST to the SUNN.
Section 17 requires respect for faculty and personnel positions, rights, and security of tenure under existing law prior to conversion.
Section 17 provides that incumbents remain in the same status until otherwise provided by the Board.
Section 17 directs the SUNN to upgrade or increase human resources component as deemed appropriate by the Board.
Section 17 declares parcels of government land occupied by NONESCOST and its campuses as SUNN property, to be titled under the SUNN’s name.
Section 17 requires reversion of such parcels to the concerned LGU or to the Republic of the Philippines if the SUNN ceases to exist or is abolished or the lands are no longer needed by the SUNN.

Tax and Customs Duty Exemptions

Section 18 exempts from customs duties, upon CHED certification, the SUNN’s importation of economic, technical, and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical, or cultural purposes under Republic Act No. 10863 (Customs Modernization and Tariff Act (CMTA)).
Section 18 exempts from donor’s tax all grants, bequests, endowments, donations, and contributions made to and used actually, directly and exclusively for educational purposes by the SUNN.
Section 18 treats such donations as allowable deduction from the donor’s gross income for computing taxable income under the National Internal Revenue Code of 1997, as amended.

CHED Requirements and Effectivity Condition

Section 19 requires that conversion to a state university becomes effective only upon CHED’s determination and declaration that the institution complies with university status requirements under CHED Memorandum Order No. 46, series of 2012.
Section 19 provides that CHED’s determination is based on a recommendation by a panel of experts, which may issue the recommendation when NONESCOST has substantially complied with university-status requirements.
Section 19 requires compliance with operational requirements, including:
- full-time, permanent faculty with relevant degrees, participating in research and development evidenced by referred publications and scholarly outputs;
- a comprehensive range of degree programs from basic post-secondary up to doctoral programs;
- viable research programs producing new knowledge evidenced by referred publications, citations, inventions, and patents;
- comprehensive learning resources and support structures including libraries and practicum laboratories with linkages enabling exploration of basic to cutting-edge knowledge;
- linkage and affiliation with other research institutions worldwide to meet global standards;
- outreach activities enabling application of generated knowledge to address social development problems.
Section 19 requires CHED through its regional office to regularly provide technical assistance and monitor compliance.
Section 19 directs that NONESCOST retains its prior status until it complies with the requirements.

Development Plan, Audit, Reports

Section 20 requires the SUNN, within one hundred twenty (120) days after approval of the Act, to:
- submit a five (5)-year development plan including its program budget to CHED for recommendation to DBM;
- set up its organizational, administrative, and academic structure, including appointment of key officials;
- undergo a management audit in coordination with CHED.
Section 21 requires the Board to file a detailed report on SUNN progress, condition, and needs on or before the fifteenth (15th) day of the second (2nd) month after opening of regular classes each year to the Office of the President of the Philippines and to both Houses of Congress through the Chairperson of CHED.

Implementing Rules, Suppletory Application, Parity

Section 22 provides that Republic Act No. 8292 (Higher Education Modernization Act of 1997) forms part of the Act.
Section 23 provides a parity clause that all other powers, functions, privileges, responsibilities, and limitations under existing laws are deemed granted to or imposed upon the SUNN and its officials when appropriate.
Section 25 requires the Board, within sixty (60) days from approval of the Act and in consultation with CHED, to formulate rules and regulations to fully implement the Act.

Appropriations, Governance Funding, and Administrative Timeline

Section 24 charges the amount necessary to carry out the Act against the current year’s appropriations of the NONESCOST.
Section 24 requires that thereafter, amounts for continued operation and maintenance of the SUNN be included in the annual General Appropriations Act.
Section 28 provides the Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.

Separability, Repeal, and Effectivity Details

Section 26 provides a separability clause preserving the validity of remaining provisions if any part is declared invalid or unconstitutional.
Section 27 provides that all laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
Section 28 establishes the effectivity rule of publication and a fifteen (15)-day period after publication.

Issuance and Legal Status

The Act is Republic Act No. 11859, titled “An Act Converting the Northern Negros State College of Science and Technology in Sagay City, Province of Negros Occidental, into a State University to be Known as the ‘State University of Northern Negros’, and Appropriating Funds Therefor.”
The Act is approved on June 18, 2022 and states that it lapsed into law on June 18, 2022 without the signature of the President.
The Act provides that it takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.