Conversion of Kalinga-Apayao College into State University

University mandate and institutional autonomy

The University shall primarily provide advanced education, higher technological and professional instruction and training in arts, agriculture, forestry, social and natural sciences and technology, and other relevant fields of study.
The University shall promote and undertake research and extension services and provide progressive leadership in areas of specialization.
The University enjoys academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the 1987 Constitution of the Republic of the Philippines.

Academic offerings and laboratory school

The University shall offer undergraduate and graduate courses in arts, agriculture, forestry, social and natural sciences and technology, and other degrees within its areas of specialization and according to its capabilities.
The Board of Regents shall determine the course offerings “as may be necessary” to carry out the University’s objectives and to meet the needs of the Province of Kalinga and the Cordillera Administrative Region.
The University shall maintain and operate a reasonably-sized laboratory school under its College of Education in the main campus.

Governing structure and board composition

The University shall have the general powers of a corporation under Batas Pambansa Blg. 68, as amended, otherwise known as the Corporation Code of the Philippines, and its corporate powers are exercised exclusively by the Board of Regents and the President of the University.
The governing body is the Board of Regents, 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, member.
- The Chairperson of the Committee on Higher and Technical Education of the House of Representatives, member.
- The Regional Director of the National Economic and Development Authority (NEDA), member.
- The Regional Director of the Department of Science and Technology (DOST), member.
- The President of the federation of faculty associations of the University, member.
- The President of the federation of student councils of the University, member.
- The President of the federation of alumni associations of the University, member.
- Two (2) prominent citizens from the private sector, members.
The Board appoints the two (2) prominent citizens from a list of at least five (5) qualified persons in the Province of Kalinga, based on standards recommended by a search committee constituted by the University President, in consultation with the Chairperson of the CHED and other Board members.
The two (2) prominent citizens serve for a term of two (2) years from the date of appointment.

Board powers, duties, and key governance rules

The Board shall promulgate and implement policies aligned with declared State policies and the Philippine Constitution on education, agriculture, science and technology, and with CHED policies, standards and thrusts under Republic Act No. 7722 (Higher Education Act of 1994).
The Board shall promulgate rules and regulations not contrary to law necessary to carry out the University’s purposes and functions.
The Board shall receive and appropriate all sums provided for the University’s support in the manner it determines.
The Board may:
- Import economic, technical and cultural books and/or publications.
- Receive in trust legacies, gifts and donations of real and personal properties and administer and dispose of them for the University’s benefit, subject to donor limitations, directions, and instructions if any.
The Board shall fix tuition fees and other 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 income generated, constitute special trust funds, deposited in an authorized government depository bank, with interests forming part of the same funds for University use.
Income generated by the University from tuition fees and other charges, and from operation of auxiliary services and land grants, shall be retained by the University and disbursed by the Board for instruction, research, extension, or other University programs/projects, and fiduciary fees must be disbursed for the specific purposes for which collected.
If the University cannot pursue a project for which funds were appropriated and allocated under an approved program of expenditures for reasons beyond its control, the Board may authorize the use of such funds for a reasonable purpose necessary and urgent to attain University objectives and goals.
The Board shall adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students.
The Board shall authorize construction or repair of buildings, machinery, equipment, and other facilities; and purchase or acquisition of real property and 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 subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws, and may grant leaves of absence under Board regulations, and remove officials and employees for cause in accordance with due process.
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 of students.
The Board may award honorary degrees for outstanding contributions in education, public service, arts, science and technology, agriculture, or any field of specialization within the University’s academic competence, and may authorize certificates for completion of nondegree and nontraditional courses.
The Board may establish and absorb nonchartered tertiary institutions within the Province of Kalinga as branches and centers in coordination with CHED and in consultation with DBM, offering programs/courses promoting equal access to educational opportunities mandated by the Constitution.
The Board may establish University research and extension centers, professorial chairs, and provide fellowships for qualified faculty and scholarships for deserving students.
The Board may delegate powers and duties to the President and/or other officials to expedite administration.
The Board may authorize an external management audit, financed by CHED, subject to COA rules and require reforms including academic and structural changes based on audit results.
The Board may collaborate with governing boards of state colleges and universities within the Province of Kalinga or the Cordillera Administrative Region, under CHED supervision and in consultation with DBM, toward 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 for University development and strengthening.
The Board may develop consortia and other economic linkages with LGUs, institutions and agencies (public/private, local/foreign) in furtherance of University purposes.
The Board may develop academic arrangements for institutional capability building with appropriate institutions and agencies and appoint experts/specialists as consultants, part-time or visiting/exchange professors, scholars, or researchers as applicable.
The Board shall establish policy guidelines and procedures for participative decision-making and transparency.
The Board may privatize, where most advantageous, the management of nonacademic services such as health, food, building/grounds/property maintenance, and similar activities.
The Board may extend the term of the President beyond retirement age but not beyond seventy (70), when performance is unanimously rated outstanding, based on Board guidelines/qualifications/standards and after unanimous recommendation by the search committee.

Board meetings and membership compensation limits

The Board shall convene once every three (3) months.
The Chairperson may call a maximum of two (2) special meetings within the same period, upon three (3) days prior written notice.
Quorum consists of a majority of all members holding office at the time of the meeting, provided the Chairperson of the Board or the President of the University is present.
If the CHED Chairperson is unable to attend, a CHED Commissioner shall represent the Chairperson with all rights and responsibilities of a regular member; during that meeting, the President (as Vice Chairperson) shall be the presiding officer.
The CHED Chairperson may designate a CHED Commissioner as regular Chair; when so designated, the Commissioner acts as presiding officer.
Congressional committee chairpersons on education may designate representatives with the same rights and responsibilities as regular Board members if they cannot attend.
Board members shall not receive any salary but shall be entitled to reimbursements for actual and necessary expenses incurred attending meetings or other authorized official business, subject to existing laws and regulations.

University President and campus heads

The University shall be headed by a President who renders full-time service and is appointed by the Board upon recommendation of a duly constituted search committee and subject to Board guidelines, qualifications, and standards.
The President’s term is four (4) years, eligible for reappointment for another term.
The incumbent President of the Kalinga-Apayao State College shall serve as the first President of the University to effect a smooth transition.
Within three (3) months from approval of the law, the Board shall constitute 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 to perform, the Board shall designate an Officer-in-Charge within six (6) months from the vacancy date pending a new President appointment; the successor/Officer-in-Charge serves only the unexpired portion of the term.
The President’s powers and duties include those usually pertaining to the Office of the President in similar universities plus 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 shall be comparable to salaries of Presidents of similar educational institutions.
The President is assisted by:
- A Vice President for Academic Affairs; and
- A Vice President for Administration, both appointed by the Board upon recommendation of the President.
Each extension campus (Bulanao, Dagupan, and Bagbag) is a University Campus headed by a Campus Administrator who renders full-time service.
Campus Administrators are appointed by the Board upon recommendation of the search committee and the President, subject to Board standards; incumbent college administrators of the extension campuses serve as the respective Campus Administrator.

University secretary, treasurer, councils, and faculty rules

The Board appoints a Secretary who serves for both the Board and the University, keeps records and proceedings, and sends Board meeting notices to members.
The Treasurer of the Philippines serves as the ex officio Treasurer of the University.
The Administrative Council consists of the President as Chairperson, vice presidents, deans, directors, and other officials of equal rank; it reviews and recommends to the Board policies governing administration, management, and development planning.
The Academic Council consists of the President (Chairperson) and all academic staff with rank of at least assistant professor.
The Academic Council shall:
- Review and recommend curricular offerings and rules of discipline, subject to Board approval;
- Fix requirements for admission, graduation, and conferment of degrees, subject to Board review/approval through the President;
- Exercise disciplinary power over students; and
- Formulate academic policies and rules on discipline subject to Board approval.
Faculty appointment shall not inquire into political beliefs, gender preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation, and faculty appointments remain subject to Board guidelines, qualifications, and standards.
No faculty member shall teach for or against any particular church or religious sect.

Scholarship programs, admission rights, and affirmative action

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.

Loaning apparatus and personnel detailing

Heads of bureaus and offices of the national government shall be authorized, upon request of the University President, to loan or transfer apparatus, equipment, or supplies needed by the University and to detail employees when such resources/services can be spared without serious detriment to public service.
Detailed employees shall perform duties required by the President of the University, and their time detailed counts as part of their regular service.

Asset transfer and continuation of personnel security

All assets (real and personal), personnel, and records of the Kalinga-Apayao State College, including its liabilities or obligations, are transferred to the University.
The positions, rights, and security of tenure of faculty and personnel employed under existing laws prior to the conversion are respected.
Government land parcels occupied by the Kalinga-Apayao State College, including extension campuses, are transferred to the University and shall be titled under the University’s name.
If the University ceases to exist or is abolished, or if the land is no longer needed by the University, the parcels revert to the LGUs concerned.

Tax exemptions on importation and donations

The University’s importation of economic, technical and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical or cultural purposes, upon CHED certification, is exempt from customs duties under the Tariff and Customs Code of the Philippines, as amended.
Donations to the University in any form are exempt from donor’s tax and are considered allowable deductions from the donor’s gross income for computation of the donor’s income tax under the National Internal Revenue Code of 1997, as amended.

Appropriations and first-year funding

Necessary sums to carry out the Act shall be charged against the current year appropriations of the Kalinga-Apayao State College, except sums needed to continue operations of the existing high schools.
After this initial charge, sums necessary for continued University operation and maintenance shall be included in the annual General Appropriations Act.

Development plan, audits, and organizational setup

Within one hundred 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 of key officials.

Annual progress reporting

On or before the fifteenth (15th) day of the second (2nd) month after opening of regular classes each year, the Board must file with the Office of the President through the Chairperson of the CHED, and with both Houses of Congress, a detailed report on the University’s progress, conditions, and needs.

Suppletory application and parity clause

Republic Act No. 8292 (Higher Education Modernization Act of 1997) forms an integral part of the Act and serves as part of the University’s Governing Charter.
All powers, functions, privileges, responsibilities, and limitations under existing laws applicable to state universities and their officials are deemed granted to or imposed upon the University and its officials when appropriate.

Implementing rules and CHED university status requirement

The Board, in consultation with CHED, shall formulate rules and regulations to fully implement the Act.
The establishment or conversion into a state university becomes effective only after CHED determines and declares—based on the recommendation of a panel of experts—that the institution has complied with university-status requirements.
CHED, through its regional office, regularly provides technical assistance and monitors compliance.
CHED designates a panel of experts that recommends to the CHED Chairperson whether the institution has substantially complied with requirements for university status.
University operational requirements include:
- Level III accreditation or equivalent under CHED policies for at least four (4) undergraduate programs, including one (1) in liberal arts, one (1) in the sciences, and two (2) graduate programs;
- Ratio of qualified full-time faculty with requisite degrees to number of students;
- Adequate library and laboratories;
- Research and development output with practical and commercial application to the community;
- Relevant linkages and outreach programs serving the community; and
- Relevant academic policies, systems, and processes.
The institution retains its status prior to the effectivity of the Act unless it complies with requirements provided herein within a period not exceeding January 1, 2016.

Separability, repeals, and effectivity

If any part or provision of the Act is declared invalid or unconstitutional, the remaining parts or provisions not affected remain in full force and effect.
All laws, presidential issuances, decrees, executive orders, rules, and regulations inconsistent with the Act are repealed or modified accordingly.
The Act takes effect fifteen (15) days after publication in two (2) newspapers of general circulation.
Approval date: May 24, 2013.
Enactment: Republic Act No. 10584 is dated May 24, 2013; it was approved and signed by President of the Philippines Benigno S. Aquino III.