Conversion of Panay State Polytechnic College to Capiz State University

University mandate and training areas

The University primarily provides advanced instruction and professional training in agriculture, fishery and forestry, science and technology, arts and humanities, education, and other related fields.
The University undertakes research, extension services, and production activities.
The University provides progressive leadership in its areas of specialization.

Courses, high school transfer, lab school

The University offers undergraduate, graduate, and short-term courses within its areas of specialization and according to its capabilities.
The Board of Regents determines offerings and establishes courses as necessary to carry out the University’s objectives, particularly to meet the needs of the Province of Capiz and the region.
Existing high school/s are transferred to the jurisdiction and supervision of the Department of Education (DepEd).
Existing high school/s may remain and operate within the University campus until the existing students have completed their high school education.
The University may operate a reasonably-sized laboratory school if it has a College Education.

Corporate powers and governance structure

The University has the general powers of a corporation under Batas Pambansa Blg. 68, as amended, otherwise known as the Corporation Code of the Philippines.
Administration and corporate powers are vested exclusively in the Board of Regents and the president of the University, insofar as authorized by the Board.
The University’s governing board is the Board of Regents.
The University enjoys academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

Board of Regents composition and terms

The Board of Regents is chaired by the Chairperson of the Commission on Higher Education (CHED).
The President of the University serves as vice chairperson.
The Board includes:
- the Chairperson of the Committee on Education, Arts and Culture of the Senate;
- the Chairperson of the Committee on Higher and Technical Education, House of Representatives;
- the Regional Director of the National Economic and Development Authority (NEDA);
- the Regional Director of the Department of Agriculture (DA);
- the President of the federation of the faculty associations of the University;
- the President of the federation of the student councils of the University;
- the President of the federation of the alumni associations of the University;
- Two (2) prominent citizens.
The Board appoints the two (2) prominent citizens from among at least five (5) qualified persons in the Province of Capiz, as recommended by a search committee constituted by the University president, in consultation with the Chairperson of the CHED, and using normal standards and qualifications set by the Board.
The terms of the presidents of faculty/student/alumni federations are coterminous with their respective constitutions and by-laws.
Each of the two (2) prominent citizens serves for a term of two (2) years, counted from the appointment date.

Board powers, fees, and financial rules

The Board promulgates rules and regulations necessary to carry out the University’s purposes and functions.
The Board receives and appropriates sums provided for the University’s support in the manner it determines.
The Board may import duty-free economic, technical and cultural books and/or publications upon CHED certification that the imports are for specified purposes, in accordance with the Tariff and Customs Code, as amended.
The Board may receive in trust and administer or dispose of real and personal properties as legacies, gifts, and donations, subject to limitations and directions of the donor, if any.
Donations received for the University are exempt from the donor’s tax and are considered as allowable deductions from the gross income for the computation of the income tax of the donor under the National Internal Revenue Code (NIRC), as amended.
Such donations must not be disposed of, transferred, or sold.
The Board fixes tuition fees and other necessary school charges, including (but not limited to) matriculation fees, graduation fees, and laboratory fees, after due consultations with involved sectors.
Tuition and charge revenues, including government subsidies and other income, constitute special trust funds deposited in any authorized government depository bank; all interest accrues to the same funds for University use.
Income generated by the University from tuition and other charges, and from auxiliary services and other grants is retained by the University and may be disbursed by the Board for instruction, research, extension, or other University programs/projects, subject to the requirement that all fiduciary fees are disbursed for the specific purpose for which they are collected.
If funds appropriated for a project cannot be pursued for reasons beyond the University’s control, the Board may authorize the use of the funds for any reasonable and necessary and urgent purpose to attain the University’s objectives and goals.
The Board adopts and implements a socialized scheme of tuition and school fees for greater access to poor but deserving students.
The Board authorizes construction or repair of buildings, machinery, equipment, and other facilities, and purchases and acquisition of real property, including necessary supplies, materials, and equipment.
The Board appoints, upon the president’s recommendation, vice presidents, deans, chancellors, directors, heads of campuses, faculty, and other officials and employees.
The Board fixes and adjusts salaries of faculty members, administrative officials, and employees consistent with the Revised Compensation and Position Classification System and other pertinent budget and compensation laws on hours of service, duties, and conditions.
The Board may grant leaves of absence under regulations it promulgates and may remove personnel for cause in accordance with due process of law.
The Board approves curricula, institutional programs, and rules of discipline drawn by the administrative and academic councils.
The Board sets policies on admission and graduation of students.
The Board awards honorary degrees in recognition of outstanding contribution in agriculture or any field of specialization within the University’s academic competence.
The Board authorizes awarding certificates of completion of non-degree and nontraditional courses.
The Board establishes and absorbs nonchartered tertiary institutions within the Province of Capiz as branches and centers, in coordination with CHED, and in consultation with DBM, and offers programs or courses to promote equal access to educational opportunities mandated by the Constitution.
The Board establishes research and extension centers when they promote development of the University.
The Board establishes chairs and provides fellowships for qualified faculty and scholarships to deserving students.
The Board may delegate powers and duties to the president and/or other University officials to expedite administration.
The Board authorizes an external management audit financed by CHED, subject to Commission on Audit (COA) rules and regulations, and institutes reforms including academic and structural changes based on audit results and recommendations.
The Board collaborates with governing boards of state universities and colleges within the Province of Capiz or the region, under CHED supervision and in consultation with DBM, to restructure the University to become more efficient, relevant, productive, and competitive.
The Board enters into 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.
The Board develops consortia and linkages with local government units, institutions, and agencies public and private, local and foreign.
The Board develops academic arrangements for capability building and appoints experts/specialists as consultants or in teaching/research roles (part time, visiting, exchange), as the case may be.
The Board sets policy guidelines and procedures for participative decision-making and transparency within the University.
The Board sets up adoption of modern and innovative modes of transmitting knowledge, including information technology, dual system, open learning, or distance education, and community laboratory, to promote greater access to higher education.
The Board privatizes, where most advantageous, management of nonacademic services such as health, food, building, grounds, or property maintenance and similar activities.
The Board may extend the term of the president beyond the age of retirement but not later than seventy (70) years, if performance is unanimously rated by the Governing Board as outstanding after unanimous recommendation by the search committee.

Board meetings and member compensation

The Board convenes at least once every quarter.
The CHED chairperson may call up to two (2) special meetings with three (3) days’ prior written notice when necessary.
Quorum consists of a majority of all members holding office at the time of the meeting.
The Chairperson of the CHED or the president of the University must be present.
If the CHED chairperson is absent, a duly designated CHED Commissioner represents the CHED chairperson with full member rights and responsibilities.
The president of the University, as vice chairperson, presides in the CHED-absence meeting.
The CHED chairperson may designate a CHED Commissioner as the regular chair to preside.
If the chairpersons of the Congressional Committees on Education cannot attend, they may designate representatives who attend with the same rights and responsibilities as regular members.
Board members receive no salary and are entitled only to reimbursement of actual and necessary expenses incurred for attendance, subject to existing laws and regulations.

University president, councils, and officers

The University is headed by a president rendering full time service.
The president is appointed by the Board upon recommendation of a duly constituted search committee.
The president’s term is four (4) years, eligible for reappointment for another term.
The president of the Panay State Polytechnic College (PSPC), if qualified, serves as the first president to ensure smooth transition.
The president is assisted by a vice president for academic affairs and a vice president for administration, appointed by the Board upon recommendation of the president.
If the president’s office becomes vacant due to death, compulsory retirement, resignation, removal for cause, or incapacity, the Board designates an officer-in-charge pending appointment of a new president.
If the office becomes vacant, the successor or officer-in-charge holds office for the unexpired term only.
The president’s powers and duties include those usually pertaining to similar university presidencies and those delegated by the Board.
The president’s salary follows the Revised Compensation and Position Classification System and is comparable to presidents of similar educational institutions.
An Administrative Council exists with the president as chairperson and vice presidents, deans, directors, and officials of equal rank as members, which reviews and recommends to the Board policies governing administration, management, and development planning.
An Academic Council exists with the president as chairperson and all academic staff with rank not lower than assistant professor as members.
The Academic Council reviews and recommends curricular offerings and rules of discipline, recommends admission requirements and graduation and conferment requirements subject to Board review/approval, and formulates academic discipline policies and rules for Board approval.
The University has a secretary appointed by the Board who serves for both the Board and the University, keeps all Board records and proceedings, and communicates meeting notices to Board members.
The Treasurer of the Philippines is the ex officio treasurer of the University.

Faculty and student rights protections

Faculty appointment cannot inquire into political beliefs, gender preference, cultural or community affiliation, ethnic origin, religious opinion, or religious affiliation.
No faculty member teaches for or against any particular church or religious sect.
The University provides a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
No student is denied admission by reason of sex, religion, cultural or community affiliation, or ethnic origin.

Student governance and degree/discipline authority

The Academic Council formulates academic policies and disciplinary rules and enforces disciplinary power over students.
Curricular offerings, admission requirements, graduation requirements, and rules of discipline operate subject to Board of Regents review and/or approval.

Loan/transfer of government resources

Heads of national government bureaus and offices may, upon request of the University president, loan or transfer apparatus, equipment, or supplies needed by the University and may detail employees to perform duties at the University.
Detailed employees perform duties required by the president and the time worked counts as part of their regular services.
Detail and loan decisions are based on the judgment that spares do not cause serious detriment to public service.

Transfer of assets, personnel, and land

All assets, real and personal; personnel and records of the Panay State Polytechnic College; and liabilities or obligations are transferred to the University.
The positions, rights, and security of tenure of personnel under existing laws are respected.
Government parcels of land belonging to the government and occupied by the Panay State Polytechnic College are declared property of the University and must be titled in the University’s name.
If the University ceases to exist or is abolished, or if the parcels of land are no longer needed by the University, the parcels revert to the Province of Capiz.

Appropriations and annual funding

Funding needed to carry out the Act is charged against the current year’s appropriations of the Panay State Polytechnic College, except sums needed to continue operations of the existing high schools.
Thereafter, sums necessary for continued operation and maintenance of the Capiz State University are included in the annual General Appropriations Act.

Development plan and management audit steps

Within one hundred and twenty (120) days after approval of the Act, the University must:
- 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/designation of key University officials.

Annual filing of progress report

On or before the fifteenth (15th) day of the second month after the opening of the regular classes each year, the Board files 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.

Suppletory governing charter provisions

Republic Act No. 8292 (the Higher Education Modernization Act of 1997) forms an integral part of this Act and together serves as part of the University’s Governing Charter.

Repeal, effectivity, and origin

All laws, presidential decrees, executive orders, rules, and regulations contrary to or inconsistent with the Act are repealed, amended, or modified accordingly.
The Act takes effect upon approval.
The Act is Republic Act No. 9273 with approval on March 21, 2004, and legislative passage recorded on February 7, 2004 (House) and February 6, 2004 (Senate).