Conversion of Agusan del Sur State College

Core mandates and academic offerings

The University primarily provides advance education and higher technological, professional, and advance instruction in agriculture, agribusiness management, science and technology, education, forestry, engineering, arts and sciences, nontraditional courses, and other relevant fields of study.
The University undertakes research and extension services and production activities to support the development of the Province of Agusan del Sur and provide progressive leadership in its areas of specialization.
The University offers short-term technical-vocational courses, and undergraduate and graduate programs within its competency and specialization in the fields of agriculture, agribusiness management, science and technology, education, forestry, engineering, arts and sciences, and other courses the Board of Regents deems necessary.
The University may operate a reasonably sized laboratory school if it has a College of Education.

University corporate character and administration

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 exercise of the University’s corporate powers are vested exclusively in the Board of Regents and the President of the University.
The University shall have academic freedom and institutional autonomy pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution.

Board of Regents: composition and term

The University’s governing body is the Board of Regents.
The Board is chaired by the Chairperson of the Commission on Higher Education (CHED) and co-chaired by the President of the University.
The Board includes the following members:
- The Chairperson of the Committee on Higher, Technical and Vocational Education 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 Agriculture (DA).
- The Regional Director of the Department of Science and Technology (DOST).
- The President of the federation of the 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.
- Two (2) prominent citizens from the private sector with distinguished professional or specialization records.
Two (2) prominent citizens are appointed by the Board from a list of at least five (5) qualified persons in the Province of Agusan del Sur where the University and campuses are located.
The Board appoints the two (2) prominent citizens based on recommendations of a Search Committee constituted by the University President, in consultation with the CHED Chairperson and other Board members, using standards set by the Board.
Prominent citizens selected by appointment serve for a term of two (2) years from date of appointment.
The Board membership of the Presidents of the faculty, student, and alumni federations is coterminous with their terms under their constitutions and bylaws.

Board powers, duties, and board meetings

The Board promulgates and implements policies aligned with state policies, and pertinent constitutional education/agriculture/science-and-technology principles.
The Board’s policy-making must also align with CHED policies and thrusts under Republic Act No. 7722 (Higher Education Act of 1994) and TESDA under Republic Act No. 7796 (TESDA Act of 1994).
The Board approves the curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
Upon recommendation of the University President, the Board appoints the vice presidents, deans, directors, heads of campuses, faculty members, and other officials and employees.
The Board fixes and adjusts salaries of faculty, administrative officials, and employees subject to the Revised Compensation and Position Classification System and other budget and compensation laws, and may grant leaves of absence under regulations it promulgates, and may remove for cause following due process of law.
The Board fixes and adjusts tuition fees and other school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultation with concerned sectors.
University fees and charges, including government subsidies and other income, constitute special trust funds deposited in an authorized government depository bank, with all interests accruing to the same funds.
Income generated by the University from tuition fees and other charges, and from operation of auxiliary services and land grants, is retained by the University and may be disbursed by the Board for instruction, research, extension services, or other University programs and projects.
Fiduciary fees are disbursed only for the specific purposes for which they are collected.
If the University cannot pursue a project for which funds have been appropriated and allocated due to reasons beyond its control, the Board may authorize use of those funds for any reasonable and necessary and urgent purpose to attain University objectives and goals.
The Board adopts and implements a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with Republic Act No. 10931 (Universal Access to Quality Tertiary Education Act).
The Board establishes professional chairs, provides fellowships for qualified faculty members, and grants scholarships to deserving students.
The Board receives and appropriates sums provided for the support of the University in the manner it determines to carry out University purposes and functions.
The Board sets policies on admission and graduation.
The Board awards honorary degrees for outstanding contribution in education, public service, arts, science and technology, agriculture, or any field of specialization within the University’s academic competency.
The Board authorizes the awarding of certificates of completion for nondegree and nontraditional courses.
The Board establishes research and extension centers; develops academic arrangements for institutional capability building; appoints experts/specialists as consultants or part-time/visiting/exchange professors, scholars, or researchers as the case may be.
The Board adopts modern knowledge-transmitting modes, including information technology, dual training system, open distance learning, and community laboratory.
The Board may collaborate with governing boards of state universities and colleges (SUCs) within the Province of Agusan del Sur and the CARAGA Region under CHED supervision and in consultation with the Department of Budget and Management (DBM) to make the University more efficient, relevant, productive, and competitive.
The Board may absorb non-chartered tertiary institutions within Agusan del Sur and CARAGA Region as branches and extension/external centers in coordination with CHED and in consultation with DBM, offering programs or courses to promote equal access to educational opportunities mandated by the Constitution.
The Board may authorize an external management audit, financed by CHED, subject to the rules and regulations of the Commission on Audit, and must institute reforms including academic and structural changes based on audit results and recommendations.
The Board develops consortia and economic linkages with LGUs and public, private, local, and foreign institutions and agencies.
The Board may import economic, technical, and cultural books and publications.
The Board may enter into joint ventures with business and industry for profitable development and management of economic assets, with proceeds used for University development and strengthening.
The Board may receive in trust legacies, gifts, and donations of real and personal properties of all kinds and administer and dispose of them for University benefit, subject to donor limitations, directions, or instructions if any.
The Board authorizes construction or repair of buildings, machinery, equipment, and other facilities, and purchase or acquisition of real property and necessary supplies and materials.
The Board may extend the term of the University President beyond the retirement age, but not beyond seventy (70), based on Board guidelines, qualifications, and standards, provided performance is rated outstanding and the Search Committee makes a unanimous recommendation.
The Board may delegate any of its powers and duties to the President and other officials to expedite administration.
The Board establishes policies and procedures for participative decision making and transparency within the University.
The Board may privatize the management of nonacademic services such as health, food, building or grounds, or property maintenance, and similar activities where most advantageous.
The Board promulgates rules and regulations necessary to carry out University purposes and functions.

Meetings and quorum rules

The Board regularly convenes once every quarter.
The Board Chairperson may call a maximum of two (2) special meetings within a year upon three (3) days’ prior written notice whenever necessary.
Quorum requires a majority of all members holding office at the time of the meeting.
Quorum requires the presence of the Chairperson of the Board or the President of the University.
If the CHED Chairperson cannot attend, a CHED Commissioner duly designated by the CHED Chairperson attends with all rights and responsibilities of a regular member.
If the CHED Chairperson cannot attend, the President of the University, as Vice Chairperson, presides.
The CHED Chairperson may designate a CHED Commissioner to act as regular Chairperson; the designated CHED Commissioner then acts as Presiding Officer.
If the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the Chairperson of the House Committee on Higher and Technical Education cannot attend, each may designate representatives with the same rights and responsibilities as regular members.
Board members do not receive salary, and are entitled to reimbursements for actual and necessary expenses incurred for attendance or authorized official business, subject to existing laws and regulations.

University President and officers

The University is headed by a President who renders full-time service.
The President is appointed by the Board, subject to Board guidelines, qualifications, and standards, upon recommendation of a duly constituted Search Committee.
The President’s term is four (4) years, with eligibility for reappointment to another term.
To ensure smooth transition from ASSCAT to a state university, the incumbent ASSCAT President serves as the first President of the University if qualified.
The Board constitutes a Search Committee for the Presidency within six (6) months before the expiration of the incumbent President’s term.
If the Office of the President 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.
The Officer-in-Charge serves only the unexpired portion of the term.
The President has powers and duties usually pertaining to a university President and those delegated by the Board, in addition to those specifically provided in the Act.
The President’s salary is governed by Republic Act No. 11466 (Salary Standardization Law of 2019) and any amendatory laws, comparable to that of presidents of similar educational institutions.
The President is assisted by:
- a Vice President for Academic Affairs,
- a Vice President for Administration, and
- a Vice President for Research, Development and Extension,
  all appointed by the Board upon the President’s recommendation.

University Secretary, Treasurer, councils, and campus heads

The Board appoints a Secretary who serves for both the Board and the University, keeps all Board records and proceedings, and serves the Board with notices of Board meetings to members.
The Treasurer of the Philippines serves as the ex officio Treasurer of the University.
The University has an Administrative Council chaired by the President and composed of vice presidents, deans, directors, and other officials of equal rank, which reviews and recommends policies governing administration, management, and development planning.
The University has an Academic Council chaired by the President and composed of all academic staff with rank of at least an assistant professor, which formulates academic policies.
The Academic Council reviews and recommends curricular offerings and rules of discipline, subject to Board approval.
The Academic Council fixes requirements for admission, graduation, and conferment of degrees, subject to Board review and approval through the President.
The Academic Council exercises disciplinary power over students and issues student discipline rules and regulations subject to Board approval.
Campus Directors serve as heads/administrators of the University campuses with full-time service.
Campus Directors are appointed or designated by the Board upon recommendation of the Search Committee and the President, subject to Board guidelines, qualifications, and standards.
Upon effectivity of the Act, the incumbent Campus Directors of the existing ASSCAT campuses continue to serve as such.

Faculty rights, academic integrity, and admissions equity

The University prohibits inquiry into political belief, gender preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation in the appointment of faculty.
Faculty appointments remain subject to Board guidelines, qualifications, and standards.
No faculty member teaches for or against any particular church or religious sect.
The University provides scholarships and other affirmative action programs for poor but deserving students who qualify for admission.
No student is denied admission due to gender, religion, cultural or community affiliation, physical disability, or ethnic origin.

Use of government support and transfer of ASSCAT resources

National government heads of bureaus and offices may loan or transfer to the University, upon the President’s request, apparatus, equipment, or supplies needed by the University, and may detail employees when such resources can be spared without serious detriment to public service.
Detailed employees perform required duties under the President, and the time served counts as part of their regular service.
All assets, real and personal, personnel, and records of ASSCAT, and all liabilities or obligations, are transferred to the University.
Existing laws respect faculty members’ and personnel’s positions, rights, and security of tenure after conversion.
Incumbents of positions remain in the same status until otherwise provided by the Board.
The University must include an upgrade or increase in its human resource components as deemed appropriate by the Governing Board.
Parcels of land belonging to the government occupied by ASSCAT become property of the University and are titled under the University’s name.
If the University ceases to exist or is abolished, or the parcels are no longer needed by the University, the parcels revert to the concerned LGU or to the Republic of the Philippines, as applicable.

Tax exemptions and CHED university-status requirement

Importation by the University of economic, technical, and cultural books or publications for economic, technical, vocational, specific, philosophical, historical, or cultural purposes is exempt from customs duties upon CHED certification, in accordance with Republic Act No. 10863 (Customs Modernization and Tariff Act (CMTA)).
Grants, bequests, endowments, donations, and contributions made to and used actually, directly, and exclusively by the University are exempt from donor’s tax and are allowable deductions from the donor’s gross income under the National Internal Revenue Code of 1997, as amended.
The Act’s conversion provisions become effective only upon CHED determination, based on a panel of experts, that the institution has complied with requirements for university status under CHED Memorandum Order No. 46, series of 2012 on Policy Standard to Enhance Quality Assurance (QA) in Philippine Higher Education through an Outcomes-Based and Typology-Based QA.
The panel may issue a recommendation when the institution has substantially complied with requirements for university status.
University-status requirements include:
- faculty members possess relevant degrees in their specialization and have participated in research and development activities evidenced by referred publications and other scholarly outputs;
- the University offers a comprehensive range of degree programs from basic post-secondary to doctoral programs;
- the University conducts viable research programs in specific disciplinal and multidisciplinary areas, producing new knowledge evidenced by referred publications, citations, inventions, and patents;
- the University possesses comprehensive learning resources and support structure (including libraries, practicum laboratories, relevant educational resources, and linkages) enabling students to access basic, advanced, and even cutting-edge knowledge across a wide range of disciplines/professions;
- the University maintains linkages with other research institutions worldwide to ensure research operates at current global standards;
- the University conducts outreach activities so students, faculty, and research staff apply new knowledge to address specific social development problems.
CHED, through its regional office, provides technical assistance and monitors compliance.
The institution retains its status prior to the Act’s effectivity until it can comply with the requirements under the Act.

Development plan, audit, reports, and rules

Within one hundred twenty (120) days after approval of the Act, the University must:
- submit a five (5)-year development plan, including its program budget to CHED for DBM recommendations;
- undergo a management audit in coordination with CHED;
- set up its organizational, administrative, and academic structure, including appointment of key officials.
The Board files a detailed annual report on the University’s progress, condition, and needs:
- on or before the fifteenth (15th) day of the second month after the opening of regular classes each year,
- to the Office of the President of the Philippines through the CHED Chairperson, and
- to both Houses of Congress.
The Board formulates implementing rules and regulations within sixty (60) days from effectivity of the Act, in consultation with CHED.

Charter integration, parity, appropriations

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.
The University and its officials are granted powers and functions and are subject to responsibilities and limitations under existing laws whenever appropriate.
Appropriations for carrying out the Act are charged against the current year appropriations of ASSCAT.
Thereafter, sums needed for continued operation and maintenance of the University are included in the annual General Appropriations Act.
The Municipality of Trento continues to provide the same funding to the ASSCAT satellite campus as funding given before integration into ADSSU, until full funding requirements of the University as included in the annual General Appropriations Act are met.

Implementing structure, separability, repeal, effectivity

The Board and CHED implementation frame the organizational transition through development plan submission, management audit, and organizational/administrative/academic structuring within the 120-day period.
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 (separability).
All laws, presidential decrees, executive orders, and rules and regulations contrary to the Act are repealed or modified accordingly (repealing).
The Act takes effect fifteen (15) days following its publication in the Official Gazette or in a newspaper of general circulation.
The Act is approved on July 30, 2021.