Conversion of MINSCAT to Mindoro State Univ.

General mandate and leadership role

The University primarily provides advanced education, higher technological, professional instruction and training in agriculture and forestry, fisheries and environmental studies, information and computer technology, arts and sciences, education, business and management, health sciences, and other related fields of study.
The University undertakes research and extension services that support the socioeconomic development of the Province of Oriental Mindoro.
The University provides progressive leadership in its areas of specialization.

Academic freedom and autonomy

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.

Curriculum offerings and laboratory school

The University offers undergraduate and graduate courses in agriculture and forestry, fishery and environmental studies, information and computer technology, arts and sciences, education, business and management, health sciences, and other degrees/courses within its areas of specialization.
The University offers programs according to its capabilities as the Board of Regents deems necessary to carry out the University’s objectives.
The University offers courses to meet the needs of the Province of Oriental Mindoro and Region IV-B.
The existing high school is transferred to the jurisdiction and supervision of the Department of Education (DepED).
The high school is allowed to remain and operate within the campus until its presently enrolled students complete their high school education.
If the University has a College of Education, the University may operate a reasonably-sized laboratory school.

Corporate administration and governance structure

The University has the general powers of a corporation under Batas Pambansa Blg. 68, as amended, known as the Corporation Code of the Philippines.
Administration and the exercise of the University’s corporate powers are vested exclusively in the Board of Regents and the President of the University.

Board of Regents composition and terms

The governing board is the Board of Regents.
The Board is composed of:
- The Chairperson of 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 a member;
- The Chairperson of the Committee on Higher and Technical Education of the House of Representatives as a member;
- The Regional Director of NEDA as a member;
- The Regional Director of DOST as a member;
- The Regional Director of the Department of Agriculture (DA) as a member;
- The President of the federation of faculty associations of the University as a member;
- The President of the federation of student councils of the University as a member;
- The President of the federation of alumni associations of the University as a member;
- Two (2) prominent citizens from the private sector with distinguished professional/specialization credentials as members.
The Board appoints the two (2) prominent citizens from among a list of at least five (5) qualified persons in Oriental Mindoro, recommended by a search committee constituted by the University President, in consultation with the Chairperson of CHED and other Board members.
The term of the presidents of the faculty associations, student councils, and alumni associations is co-terminous with their respective terms under their constitutions and by-laws.
The two (2) prominent citizens serve for a term of two (2) years from the date of appointment.

Board powers, duties, and major controls

The Board promulgates and implements policies consistent with declared State policies, the Philippine Constitution on education, agriculture, science and technology, and CHED policies under Republic Act No. 7722 (Higher Education Act of 1994).
The Board promulgates rules and regulations not contrary to law 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 economic, technical and cultural books and/or publications.
The Board may receive in trust legacies, gifts, and donations of real and personal properties and administer and dispose of them as needed for the University, subject to limitations, directions, and instructions of the donor, if any.
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 fees and other charges, including government subsidies and other income generated by the University, constitute special trust funds deposited in an authorized government depository bank, and their interests accrue to the same funds.
The University retains and may disburse income generated from tuition fees and other charges, as well as income from auxiliary services and land grants, for instruction, research, extension, or other University programs/projects.
Fiduciary fees must be disbursed for the specific purposes for which they are collected.
If the University cannot pursue a project for which funds were appropriated and allocated under its approved program of expenditures for reasons beyond its control, the Board may authorize use of those funds for any reasonable, necessary, and urgent purpose to attain University objectives.
The Board adopts 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 authorizes purchase and acquisition of real property, including necessary supplies, materials, and equipment.
The Board appoints, upon recommendation of the President, Vice Presidents, deans, directors, heads of campuses, faculty members, and other officials and employees.
The Board fixes and adjusts salaries of faculty members and administrative officials and employees subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws on hours of service, duties, and conditions.
The Board grants leaves of absence under regulations it promulgates, notwithstanding any contrary provision of existing law.
The Board may remove appointees for cause in accordance with due process of law.
The Board approves curricula, instructional 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 recognizing outstanding contributions in education, public service, arts, science and technology, agriculture, or any specialization within the University’s academic competence.
The Board authorizes awarding certificates of completion of nondegree and nontraditional courses.
The Board establishes and absorbs nonchartered tertiary institutions within Oriental Mindoro as branches and centers coordinated with CHED and in consultation with DBM, offering programs/courses to promote equal access to educational opportunities mandated by the Constitution.
The Board establishes research and extension centers of the University where these promote the development of the University.
The Board establishes professorial chairs and provides fellowships for qualified faculty members and scholarships for deserving students.
The Board may delegate any powers and duties to the President and/or other officials to expedite administration of University affairs.
The Board authorizes an external management audit financed by CHED, subject to COA rules and regulations, and institutes reforms including academic and structural changes based on audit results and recommendations.
The Board collaborates with other governing boards of state colleges and universities within Oriental Mindoro or Region IV-B, under CHED supervision and in consultation with DBM, and works toward restructuring for efficiency, relevance, productivity, and competitiveness.
The Board may enter joint ventures with business and industry for profitable development and management of University economic assets, with proceeds used for strengthening and development.
The Board develops consortia and other economic linkages with LGUs, institutions, and agencies (public and private, local and foreign) to further University purposes and objectives.
The Board develops academic arrangements for institutional capability building with appropriate local and foreign institutions and agencies and may appoint experts/specialists as consultants, part-time or visiting or exchange professors, scholars, or researchers as the case may be.
The Board sets guidelines for participative decision-making and transparency within the University.
The Board privatizes, where most advantageous, management of nonacademic services such as health, food, and building/grounds or property maintenance, and similar activities.
The Board may extend the term of the President beyond retirement age, but not beyond seventy (70), if performance has been unanimously rated as outstanding based on Board guidelines, qualifications, and/or standards after unanimous recommendation by the search committee.

Board meetings and member compensation

The Board convenes regularly 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 the 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 of the CHED is absent, the Chairperson designates a CHED Commissioner as representative with the rights and responsibilities of a regular member.
During the meeting, the President of the University serves as presiding officer.
The Chairperson of CHED may designate a CHED Commissioner as regular Chair to act as presiding officer.
If congressional committee chairpersons on education cannot attend, they may designate representatives who attend with the same rights and responsibilities as regular members.
Board members receive no salary but are entitled to reimbursements for actual and necessary expenses incurred in meetings or other authorized official business, subject to existing laws and regulations.

University President appointment and succession

The University is headed by a President who renders full-time service and is appointed by the Board subject to Board guidelines, qualifications, and standards upon recommendation of a duly constituted search committee.
The President has a term of four (4) years and is eligible for reappointment for another term.
The incumbent President of MINSCA T serves as the first President of the University to ensure smooth transition.
Within six (6) months before the expiration of the incumbent President’s term, the Board constitutes the Search Committee for the Presidency (SCP).
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 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 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 follows the Revised Compensation and Position Classification System and is comparable to salaries of Presidents of similar educational institutions.
The President is assisted by Vice Presidents appointed by the Board upon recommendation of the President.

Campus heads and secretary

Campus Directors head University campuses, render full-time service, and are appointed by the Board upon recommendation of the search committee and the University President, subject to Board guidelines, qualifications, and standards.
Incumbent college administrators of the extension campuses serve as Campus Directors of their respective campuses.
The Board appoints a Secretary who serves both the Board and the University, keeps all Board records and proceedings, and serves notices of Board meetings to each member.

Treasurer role

The Treasurer of the Philippines is the ex officio Treasurer of the University.

Administrative and Academic Councils

The University has an Administrative Council chaired by the President and composed of Vice Presidents, deans, directors, and other officials of equal rank.
The Administrative Council reviews and recommends to the Board policies governing administration, management, and development planning.
The University has an Academic Council composed of the President as Chairperson and all academic staff with rank of at least assistant professor.
The Academic Council reviews and recommends curricular offerings and rules of discipline for Board approval.
The Academic Council fixes admission requirements, graduation requirements, and degree-conferment requirements subject to review and Board approval through the President.
The Academic Council has disciplinary power over students and formulates academic policies and rules on discipline, subject to Board approval.

Faculty non-discrimination and teaching restriction

No political beliefs, gender preference, cultural or community affiliation, or ethnic origin, and no religious opinion or affiliation is a matter of inquiry in appointment of faculty members.
Faculty appointment remains subject to Board guidelines, qualifications, and standards.
No faculty member teaches for or against any particular church or religious sect.

Scholarship and admission protections

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 to the University by reason of sex, religion, cultural or community affiliation, or ethnic origin.

Lending equipment and detailing personnel

Heads of national government bureaus and offices are authorized to loan or transfer, upon request of the University President, apparatus, equipment, and supplies needed by the University.
Heads of national government bureaus and offices are authorized to detail employees for duty in the University when, in the judgment of the head of bureau or office, the apparatus, equipment, supplies, or services can be spared without serious detriment to public service.
Detailed employees perform duties required by the University President, and their time is counted as part of their regular services.

Asset transfer, liabilities, and land ownership

All assets, real and personal, personnel, and records of the MINSCAT are transferred to the University.
All liabilities or obligations of MINSCAT are transferred to the University.
The positions, rights, and security of tenure of faculty members and personnel employed under existing laws prior to conversion are respected.
Parcels of land belonging to the government occupied by the MINSCAT 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 are no longer needed by the University, the parcels revert to the Province of Oriental Mindoro.

Tax exemptions for importation and donations

The importation of economic, technical and cultural books and/or publications for economic, technical, vocational, scientific, philosophical, historical, or cultural purposes made by the University is exempt from customs duties if certified by CHED.
Donations to the University are exempt from the donor’s tax and are considered an allowable deduction from the donor’s gross income in computing the donor’s income tax under the National Internal Revenue Code of 1997, as amended.

Appropriations and funding timeline

The amounts necessary to carry out the Act are charged against the current-year appropriations of the MINSCAT, except sums needed to continue operations of the existing high schools.
Thereafter, sums needed for continued operation and maintenance of the University are included in the annual General Appropriations Act.

Required development plan and audits

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 the appointment of the key officials of the University.

Annual filing of report

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

Higher education modernization as governing charter

Republic Act No. 8292 (Higher Education Modernization Act of 1997) is an integral part of the Act and serves as part of the University’s governing charter.

Parity with other state universities

All powers, functions, privileges, responsibilities, and limitations to state universities and their officials under existing laws are deemed granted to or imposed upon the University and its officials whenever appropriate.

Implementing rules and CHED determination

The Board, in consultation with CHED, formulates guidelines to implement the Act.
Establishment or conversion into a state university becomes effective only upon CHED’s determination and declaration, based on recommendation of a panel of experts, that the institution complied with requirements for university status.
CHED, through its regional office, provides technical assistance and monitors compliance with the requirements.
CHED designates a panel of experts to recommend to the Chairperson whether the institution substantially complied with requirements for university status.
University operational requirements include:
- Level III accreditation or equivalent under CHED policies for at least four (4) of its undergraduate programs, including one (1) in liberal arts and one (1) in the sciences, and two (2) of its graduate programs;
- Ratio of qualified full-time faculty with requisite degrees to number of students;
- Adequate library and laboratories;
- Research and development output for 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 effectivity of the Act unless it complies with requirements within a period not exceeding January 1, 2016.

Separability, repeal, 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 decrees, executive orders, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
The Act takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
The Act was approved: June 04, 2013 and is dated: June 04, 2013.