Conversion of Cotabato City State Polytechnic College to Cotabato State University

University mandate and academic autonomy

The University shall primarily provide advanced education, higher technological, professional instruction and training in arts and sciences, psychology, social work, community development, teacher education, agriculture, forestry, fishery, engineering, industrial technology, information technology, public administration, peace and development, business administration, health sciences, and political science and law.
The University shall also promote and undertake research and extension services and provide progressive leadership in its areas of specialization.
The University shall enjoy academic freedom and institutional autonomy consistent with paragraph 2, Section 5 of Article XIV of the 1987 Constitution of the Republic of the Philippines.

Curricular offerings and laboratory school

The University shall offer undergraduate and graduate courses in: arts and sciences, psychology, social work, teacher education, agriculture, forestry, fishery, engineering, industrial technology, information technology, public administration, peace and development, business administration, community development, health sciences, political science and law, and degrees or courses within its areas of specialization.
Course offerings shall be carried out according to its capabilities as determined by the Board of Regents.
Program development shall be oriented to meet the needs of the Province of Maguindanao and Region XII.
The University shall maintain and operate a reasonably-sized laboratory school under its College of Education.

Governing structure: Board and President

The University shall have the general powers of a corporation under Batas Pambansa Blg. 68, as amended (the Corporation Code of the Philippines).
Administration and corporate powers of the University shall be vested exclusively in the Board of Regents and the President of the University.
The governing board is the Board of Regents.

Board of Regents composition and appointments

The Board of Regents shall be 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;
- The Chairperson of the Committee on Higher and Technical Education of the House of Representatives;
- The Regional Director of the National Economic and Development Authority (NEDA);
- The Regional Director of the Department of Science and Technology (DOST);
- The President of the federation of faculty associations of the University;
- The President of the federation of student councils of the University;
- The President of the federation of alumni associations of the University; and
- Two (2) prominent citizens from the private sector with distinguished specialization in the University’s fields.
The Board shall appoint the two (2) prominent citizens from a list of at least five (5) qualified persons in Cotabato City and the Province of Maguindanao, as recommended by a search committee constituted by the University President, in consultation with the Chairperson of the CHED and other Board members.
The term of the President of the faculty federation, student federation, and alumni federation shall be coterminous with their respective terms under their constitutions and bylaws.
The two (2) prominent citizens shall serve for a term of two (2) years from the date of appointment.

Board powers: governance, finance, academics

The Board shall promulgate and implement policies aligned with declared State policies, the 1987 Constitution on education and related fields, and CHED policies under Republic Act No. 7722 (the Higher Education Act of 1994).
The Board shall promulgate rules and regulations not contrary to law to carry out University purposes and functions.
The Board shall receive and appropriate all sums provided for University support in the manner it determines.
The Board may import economic, technical and cultural books and/or publications.
The Board shall receive in trust legacies, gifts, and donations of real and personal properties of all kinds and administer and dispose of them when necessary for the University’s benefit, subject to donor limitations, directions, and instructions.
The Board shall fix tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultations with involved sectors.
Tuition and other charges, including government subsidies and other University income, shall constitute special trust funds deposited in any authorized government depository bank, with interest accruing to the same funds for University use.
The University shall retain income generated from tuition and other charges, as well as from auxiliary services and land grants, and the Board may disburse such income for instruction, research, extension, or other University programs/projects.
Fiduciary fees shall be disbursed for the specific purposes for which they are collected.
If the University cannot pursue an approved project for reasons beyond its control, the Board may authorize use of the appropriated and allocated funds for any reasonable purpose necessary and urgent to attain the University’s objectives and goals.
The Board shall adopt and implement a socialized scheme of tuition and school fees to expand access for poor but deserving students.
The Board shall authorize construction or repair of University buildings, machinery, equipment, and facilities, and purchase and acquisition of real property (including necessary supplies, materials, and equipment).
The Board shall appoint, upon recommendation of the President, vice presidents, deans, directors, heads of campuses, faculty members, and other officials and employees.
The Board shall fix and adjust salaries of faculty and administrative personnel subject to the Revised Compensation and Position Classification System and other pertinent compensation and budget laws, including laws governing hours of service and duties and conditions the Board deems proper; the Board may grant leaves of absence under regulations it promulgates; and the Board may remove personnel for cause in accordance with due process of law.
The Board shall approve curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
The Board shall set policies on admission and graduation.
The Board shall award honorary degrees recognizing outstanding contribution in specified fields and may authorize certificates of completion of nondegree and nontraditional courses.
The Board shall establish and absorb nonchartered tertiary institutions within the Province of Maguindanao as branches and centers in coordination with CHED, in consultation with DBM, and offer programs/courses to promote equal access to educational opportunities.
The Board shall establish research and extension centers for University development.
The Board shall establish professorial chairs and provide fellowships for qualified faculty members and scholarships to deserving students.
The Board may delegate powers and duties to the President and/or other University officials to expedite University administration.
The Board may authorize an external management audit, financed by CHED, subject to COA rules and regulations, and may institute reforms based on audit results and recommendations.
The Board may collaborate with other governing boards of state colleges and universities in the Province of Maguindanao or Region XII under CHED supervision and in consultation with DBM toward University restructuring for efficiency, relevance, productivity, and competitiveness.
The Board may enter 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 may develop consortia and other economic linkages with LGUs, institutions, and agencies (public and private, local and foreign) for University purposes.
The Board may develop academic arrangements for institutional capability building with appropriate institutions and agencies (public and private, local and foreign) and may appoint experts/specialists as consultants, part-time or visiting, or exchange professors, scholars, or researchers.
The Board shall set policies for participative decision-making and transparency within the University.
The Board may privatize, where most advantageous, the management of nonacademic services such as health, food, building or grounds, property maintenance, and similar activities.
The Board may extend the term of the University President beyond the retirement age but not beyond seventy (70), when performance is unanimously rated as outstanding, based on Board guidelines/qualifications/standards and after unanimous recommendation by the search committee.

Board meetings and member entitlements

The Board shall regularly convene once every three (3) months.
The Chairperson may call a maximum of two (2) special meetings within the same period, with three (3) days’ prior written notice whenever necessary.
Quorum consists of a majority of all members holding office at the time of the meeting.
The Chairperson of the Board or the President of the University must be present for quorum.
If the Chairperson is absent, the Chairperson of CHED shall designate a CHED Commissioner to attend as representative with all rights and responsibilities of a regular member.
During a meeting, the President of the University (as Vice Chairperson) serves as Presiding Officer.
The Chairperson of CHED is authorized to designate a CHED Commissioner as the regular Chair of the Board, in which case the designated CHED Commissioner acts as Presiding Officer.
If the Senate or House Education Committee Chairpersons cannot attend, they may designate representatives with the same rights and responsibilities as regular Board members.
Board members shall not receive salary but shall receive reimbursement for actual and necessary expenses incurred in meeting attendance or other authorized official business, subject to existing laws and regulations.

President, campus heads, and University officers

The University shall be headed by a President who renders full-time service.
The Board shall appoint the President upon recommendation of a duly constituted search committee, subject to Board guidelines, qualifications, and standards.
The President’s term is four (4) years and the President is eligible for reappointment for another term.
To enable transition, the incumbent President of the Cotabato City State Polytechnic College shall serve as the first President of the University.
Within six (6) months before expiration of the incumbent President’s term, the Board shall create the Search Committee for the Presidency (SCP).
If the Office of the President becomes vacant due to death, compulsory retirement, resignation, removal for cause, or incapacity, the Board shall designate an Officer-in-Charge within six (6) months from the date of vacancy pending appointment of a new President.
The successor or Officer-in-Charge serves only the unexpired portion of the term.
The President’s additional powers and duties include those usually pertaining to the Office of the President of similar universities and those delegated by the Board.
The President’s salary shall follow the Revised Compensation and Position Classification System, as modified by Joint Resolution No. 4 dated June 17, 2009, and other pertinent budget and compensation laws, and shall be comparable to salaries of Presidents of similar educational institutions.
The President shall be assisted by a Vice President for Academic Affairs and a Vice President for Administration and Finance, appointed by the Board upon recommendation of the President.
A Campus Director shall head a University campus and render full-time service.
The Campus Director shall be appointed by the Board upon recommendation of the search committee and the University President, subject to Board guidelines, qualifications, and standards; the incumbent College Administrator of an extension campus shall serve as the Campus Director.
The Board shall appoint a Secretary to serve for both the Board and the University, keeping all Board records and proceedings and serving each member with appropriate notices of Board meetings.
The Treasurer of the Philippines shall be the ex officio Treasurer of the University.

Councils, faculty rights, and admission rules

The Administrative Council shall consist of the President as Chairperson, the vice presidents, deans, directors, and other officials of equal rank as members.
The Administrative Council shall review and recommend to the Board policies governing administration, management, and development planning.
The Academic Council shall consist of the President as Chairperson and all academic staff with the rank of at least assistant professor as members.
The Academic Council shall review and recommend curricular offerings and rules of discipline, subject to Board approval.
The Academic Council shall fix requirements for admission, graduation, and conferment of degrees, subject to Board review and approval through the President.
The Academic Council shall have disciplinary power over University students and shall formulate academic policies and rules on discipline, subject to Board approval.
In appointing faculty members, no political beliefs, gender preference, cultural or community affiliation or ethnic origin, or religious opinion or affiliation shall be a matter of inquiry.
Faculty appointment shall be subject to Board guidelines, qualifications, and standards.
No faculty member shall teach for or against any particular church or religious sect.
The University shall provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
No student shall be denied admission by reason of sex, religion, cultural or community affiliation, or ethnic origin.

Assets transfer, land titling, and support powers

All assets, real and personal property, personnel, and records of the Cotabato City State Polytechnic College, including liabilities or obligations, are transferred to the University.
The positions, rights, and security of tenure of faculty members and personnel employed under existing laws prior to conversion shall be respected.
All parcels of government land occupied by the Cotabato City State Polytechnic College shall become property of the University and shall 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, the parcels shall revert to the concerned LGUs.
Heads of national government bureaus and offices may, upon request of the President, loan or transfer apparatus, equipment, or supplies needed by the University, and may detail employees to the University when the head judges such items and services can be spared without serious detriment to public service.
Detailed employees shall perform duties required by the President and their service time shall count as part of their regular services.

Tax exemption and financial provisions

The importation of economic, technical and cultural books or publications made by the Cotabato State University for economic, technical, vocational, scientific, philosophical, historical or cultural purposes shall be exempt from customs duties upon CHED certification in accordance with the Tariff and Customs Code of the Philippines, as amended.
Donations in any form to the University shall be exempt from donor’s tax.
Donations to the University shall be considered an allowable deduction from the donor’s gross income for computing income tax under the National Internal Revenue Code of 1997, as amended.
The amount necessary to carry out the Act shall be charged against the current year appropriations of the Cotabato City State Polytechnic College, except sums needed to continue operations of existing high schools.
Thereafter, sums necessary for continued operation and maintenance of the University and its extension campuses shall be included in the annual General Appropriations Act.

Compliance, reports, and implementation timeline

Within 120 days after approval of the Act, the University shall:
- 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 University officials.
On or before the 15th day of the second (2nd) month after opening of the regular classes each year, the Board shall file with:
- the Office of the President of the Philippines through the Chairperson of CHED; and
- both Houses of Congress,
  a detailed report on the University’s progress, conditions, and needs.
The Board shall, in consultation with CHED, formulate implementing rules and regulations to fully implement the Act.

University status effectiveness under CHED

The establishment or conversion into a state university becomes effective only upon CHED’s determination and declaration, based on a panel of experts’ recommendation, that the institution has complied with requirements for university status.
CHED through its regional office shall provide technical assistance and regularly monitor compliance.
CHED shall designate a panel of experts to recommend to the CHED Chairperson whether the institution has substantially complied with requirements for university status.
The operational requirements for university status are:
- Level III accreditation or equivalent under CHED policies for at least four (4) undergraduate programs, including one (1) in liberal arts and one (1) in the sciences, and two (2) graduate programs;
- a ratio of qualified full-time faculty with requisite degrees to number of students;
- adequate library and laboratories;
- research and development output of practical and commercial application to the community;
- relevant linkages and outreach programs service to the community; and
- relevant academic policies, systems, and processes.
The institution shall retain its status prior to the Act’s effectivity unless it complies with the CHED requirements within a period not exceeding January 1, 2016.

Charter integration, parity, and transition rules

Republic Act No. 8292 (the Higher Education Modernization Act of 1997) shall be an integral part of the Act and serve as part of the University’s governing charter.
All other powers, functions, privileges, responsibilities, and limitations to state universities and their officials under existing laws are deemed granted or imposed upon the University and its officials whenever appropriate.

Implementing actions: consultation and publication effect

The Board shall consult with CHED in formulating implementing rules and regulations to fully implement the Act.
The Act takes effect fifteen (15) days after publication in two (2) newspapers of general circulation.

Separability and repeal rules

If any part or provision is declared invalid or unconstitutional, the remaining part or provisions not affected remain in full force and effect.
All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.

Law metadata and approval

The Act is Republic Act No. 10585.
The Act is titled “An Act Converting the Cotabato City State Polytechnic College in Cotabato City into a State University to be Known as the Cotabato State University and Appropriating Funds Therefor.”
The Act is approved on May 24, 2013.
The Act provides that it originates from the House of Representatives and was finally passed by the House on February 6, 2013 and by the Senate on February 4, 2013.