Land Transport Terminals Improvement Act

General mandate and curricular coverage

The University primarily provides advanced professional and technical instruction for special purposes and advanced studies in:
- industrial trade, agriculture, fishery, forestry, aeronautics, and land-based programs;
- arts and sciences, health sciences, information technology; and
- other relevant fields of study.
The University undertakes research and extension services and provides progressive leadership in its areas of specialization.
The University offers undergraduate and graduate studies in the fields of industrial trade, agriculture, fishery, forestry, aeronautics, arts and sciences, health sciences, information technology, nontraditional courses, and other degrees/courses within its areas of specialization and according to its capabilities.
The Board of Regents may determine curricular offerings and degrees needed to meet the needs of the Province of Cebu and Region VII.
No degree program may be offered unless the Commission on Higher Education (CHED) approves it before the Board of Regents approves the same.
Existing high schools are transferred to the jurisdiction and supervision of the Department of Education (DepED), but they may remain and operate within the University campus until currently enrolled students complete high school education.
The University may operate a reasonably-sized laboratory school if it has a College of Education.

University administration and governance

The University has the general powers of a corporation under Batas Pambansa Blg. 68, as amended.
University administration and corporate powers are vested exclusively in the Board of Regents and the President of the University.
The governing board is the Board of Regents, composed of:
- the Chairperson of the CHED (Chairperson);
- the President of the University (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);
- and two (2) prominent citizens from the private sector with distinguished professional or specialization fields relevant to the University (members).
The Board appoints the two prominent citizens from a list of at least five (5) qualified persons in the Province of Cebu, as recommended by a search committee constituted by the University President, in consultation with the Chairperson of the CHED and other Board members.
The two prominent citizens serve for a term of two (2) years from the date of appointment.
The term of the President of the federations of faculty, students, and alumni is coterminous with their respective constitution and bylaws.

Board powers, funds, and education rules

The Board promulgates and implements rules and regulations not contrary to law to carry out the University’s purposes and functions.
The Board receives and appropriates all sums provided for University 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 economic, technical, vocational, scientific, philosophical, historical, or cultural purposes, consistent with the Tariff and Customs Code of the Philippines, as amended.
The Board may receive in trust legacies, gifts, and donations of real properties of all kinds and administer and dispose of them when necessary for the University’s benefit, subject to donor limitations, directions, and instructions, if any.
Donations may be exempt from the donor’s tax and treated as allowable deductions from gross income for computing the donor’s income tax under the National Internal Revenue Code (NIRC) of 1997, as amended.
Donated properties under trust gifts must not be disposed of, transferred, or sold.
The Board fixes tuition fees and other necessary school charges (including 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 all interests accrued form part of the same funds for University use.
Income generated by the University from tuition and other charges and from auxiliary services and land grants is retained by the University and may be disbursed by the Board for instruction, research, extension, or other University projects.
Fiduciary fees must be disbursed for the specific purpose 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 purpose necessary and urgent to attain the University’s objectives and goals.
The Board adopts and implements a socialized scheme of tuition and other school fees to give greater access to poor but deserving students.
The Board authorizes the construction or repair of buildings, machinery, equipment, and other facilities, and the purchase and acquisition of real and personal properties, including necessary supplies, materials, and equipment.
The Board appoints, upon recommendation of the President, Vice Presidents, deans, directors, heads of departments, faculty members, and other University officials and employees.
The Board fixes and adjusts salaries of faculty and administrative officials and employees, subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws governing hours of service and other duties and conditions it deems proper.
The Board grants leaves of absence under regulations it promulgates, notwithstanding any provision of existing laws to the contrary.
The Board removes faculty and administrative officials and employees 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.
The Board awards honorary degrees to persons for outstanding contribution in agriculture, public service, arts, science and technology, education, or any field within the University’s academic competence.
The Board authorizes the awarding of certificates of completion of nondegree and nontraditional courses.
The Board establishes and absorbs nonchartered tertiary institutions within the Province of Cebu as branches and extension centers in coordination with CHED and in consultation with the Department of Budget and Management (DBM) to offer programs or courses promoting equal or greater access to educational opportunities mandated by the Constitution.
The Board establishes research and extension centers of the University where they promote development of the University.
The Board establishes professorial chairs, and provides fellowships for qualified faculty members and scholarships to deserving students.
The Board delegates any of its powers and duties to the President or Officer-in-Charge and/or other University officials as appropriate.
The Board authorizes an external management audit of the University financed by CHED, subject to Commission on Audit (COA) rules and regulations; the Board institutes reforms including academic and structural changes based on audit results and recommendations.
The Board collaborates with other governing boards of state universities and colleges within the Province of Cebu or Region VII under CHED supervision and in consultation with DBM to restructure for efficiency, relevance, productivity, and competitiveness.
The Board enters into joint ventures with business and industry for the profitable development and management of the University’s economic assets, with proceeds used for University development and strengthening.
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 appoints experts/specialists as consultants, part-time or visiting or exchange professors, scholars, or researchers, as applicable.
The Board sets policies for participative decision-making and transparency within the University.
The Board may privatize, where most advantageous, management of nonacademic services such as health, food, building or grounds or property maintenance and similar activities.
The Board may extend the term of the President beyond retirement age but not beyond seventy (70) years, where performance is unanimously rated as outstanding based on Board guidelines after unanimous recommendation by the search committee.

Board meetings, officers, and councils

The Board convenes regularly at least once every quarter.
The Chairperson may call a maximum of two (2) special meetings when necessary by giving three (3) days’ prior written notice.
A 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 for the meeting.
In the absence of the Chairperson of CHED, a duly designated CHED Commissioner represents the Chairperson with all rights and responsibilities of a regular member.
When the CHED Chairperson is absent, the President (as Vice Chairperson) presides.
The CHED Chairperson is authorized to designate a CHED Commissioner as the regular Chair of the Board, in which case the designated Commissioner acts as the presiding officer.
When the Chairpersons of the Congressional Committees on Education cannot attend, they may designate representatives to attend with the same rights and responsibilities as regular Board members.
Board members receive no salary but are entitled to reimbursements for actual and necessary expenses for attendance and other authorized official business, subject to existing laws and regulations.

University President and campus heads

The University is headed by a President who renders full-time service.
The Board appoints the President subject to Board guidelines, qualifications, and/or standards upon recommendation of a duly constituted search committee.
The President’s term is four (4) years and the President is eligible for reappointment for another term.
The incumbent President of the Cebu State College of Science and Technology System, if qualified, serves as the first President of the University.
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 vacancy date 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.
Each campus is headed by a Campus Director who renders full-time service.
Campus Directors are appointed by the Board upon recommendation of the search committee and the University President, subject to Board guidelines and qualifications/standards.
Incumbent college administrators of the extension campuses serve as Campus Directors of their respective campuses.

Councils, secretary, and treasury roles

The Administrative Council consists of the President as Chairperson, 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 Academic Council is composed of the President as Chairperson and all academic staff with the 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 requirements for admission, graduation, and conferment of degrees, subject to Board review/approval through the President of the University.
The Academic Council has disciplinary power over University students and formulates academic policies and rules and regulations on discipline, subject to Board approval.
The Board appoints a Secretary who serves for both the Board and the University, keeps all Board records and proceedings, and serves notices of Board meetings to each member.
The Treasurer of the Philippines serves ex officio as Treasurer of the University.

Faculty rules, scholarships, autonomy

Faculty appointment cannot involve inquiry into political beliefs, gender preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation.
Faculty appointments are subject to guidelines, qualifications, and/or standards set by the Board.
No faculty member may teach 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 due to sex, religion, cultural or community affiliation, or ethnic origin.
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.

Loaning government personnel and equipment

Heads of bureaus and offices of the national government are authorized, upon the President of the University’s request, to loan or transfer apparatus, equipment, or supplies needed by the University.
The loaning or transferring depends on the judgment of the head of bureau or office that the items or services can be spared without serious detriment to public service.
The government may detail employees to duty in the University.
Detailed employees perform duties required by the President of the University.
The time employed under such detail counts as part of their regular services.

Assets transfer and land reversion

All assets, real and personal, personnel, and records of the Cebu State College of Science and Technology System and its satellite campuses are transferred to the University.
All liabilities or obligations are transferred to the University.
Positions, rights, and security of tenure of faculty members and personnel employed under existing laws prior to conversion are respected.
Government parcels of land occupied by the former colleges and satellite campuses are declared property of the University and must be titled under the University’s name.
If the University ceases to exist or is abolished, or if parcels of land are no longer needed, the lands revert to the concerned LGUs.

Appropriations and early implementation steps

Funding for the Act’s provisions is charged against the current year’s appropriations of the Cebu State College of Science and Technology System and its existing satellite campuses.
The charge excludes sums needed to continue the operations of the existing high schools.
After conversion, sums necessary for continued operation and maintenance of the Cebu Technological University are included in the annual General Appropriations Act.
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.

CHED monitoring and annual reporting

CHED conducts regular monitoring and evaluation to determine continuing compliance with requirements on University status.
If CHED finds non-compliance, CHED submits recommendations for revocation of University status to:
- the Senate Committee on Education, Arts and Culture and
- the House Committee on Higher and Technical Education.
The Board must file an annual detailed report on progress, conditions, and needs of the University on or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year.
The Board files the report with the Office of the President of the Philippines through the Chairperson of CHED and with both Houses of Congress.

Charter integration, parity, and implementation

The provisions of Republic Act No. 8292, the Higher Education Modernization Act of 1997, are an integral part of the Act and serve as part of the University’s Governing Charter.
The University and its officials are deemed granted all powers and privileges, and imposed with all responsibilities and limitations to state universities and their officials under existing laws, when appropriate.
The Board formulates guidelines to fully implement the Act in consultation with CHED.

Effectivity, separability, and repeal

If any part or provision of the Act is declared invalid or unconstitutional, remaining parts 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 publication in two (2) newspapers of general circulation.
The Act is approved on November 10, 2009.