Conversion CNSC to University of Camarines Norte

General mandate and curricular offerings

Section 2 requires the University to primarily provide advance education, higher technological and professional vocational instruction and training across arts and sciences, education, economics, agriculture and fisheries, industrial technology and engineering, information technology, business management and accountancy, tourism and hospitality management, environmental management, forestry, criminology, maritime education, medical education, health sciences, legal education, nontraditional courses, and other related fields of study.
Section 2 requires the University to undertake research, extension services, and production activities supporting development of the Province of Camarines Norte and Region V, and to provide progressive leadership in its areas of specialization.
Section 3 requires the University to offer undergraduate and graduate courses in arts and sciences, teacher education, agriculture and fisheries, industrial technology and engineering, information technology, business management and accountancy, medical education, health sciences, economics, legal education, tourism and hospitality management, environmental management, forestry, maritime education, criminology, technical-vocational programs, and specialization, and any additional programs the Board of Regents deems necessary to carry out objectives.
Section 3 requires offerings to meet human resource development needs of the Province of Camarines Norte and Region V.
Section 3 authorizes the University to operate a reasonably-sized laboratory school under its College of Education.

University powers and governing bodies

Section 4 vests the general powers of a corporation under Batas Pambansa Blg. 68, as amended (Corporation Code of the Philippines), in the University.
Section 4 vests administration of the University and exercise of corporate powers exclusively in the Board of Regents and the President of the University.
Section 5 establishes the Governing Board as the Board of Regents.
Section 5 provides that the Board is chaired and co-chaired by the Chairperson of the Commission on Higher Education (CHED) and the President of the University, respectively.
Section 5 defines Board membership to include specified government officials and sector representatives, including two (2) prominent citizens from the private sector.

Board of Regents composition rules

Section 5(a) requires the Board to include the Chairperson of the Commission on Education, Arts and Culture of the Senate.
Section 5(b) requires the Board to include the Chairperson of the Committee on Higher and Technical Education of the House of Representatives.
Section 5(c)-(e) requires the Board to include the Regional Director of NEDA, Regional Director of the Department of Agriculture (DA), and Regional Director of the Department of Science and Technology (DOST).
Section 5(f)-(h) requires inclusion of presidents of federations of faculty associations, student councils, and alumni associations of the University.
Section 5(i) requires inclusion of two (2) prominent citizens from the private sector who have distinguished themselves in their profession or field of specialization.

Appointment, terms, and Board operation

Section 5 requires the Board to appoint the two (2) prominent citizens from a list of at least five (5) qualified persons in the Province of Camarines Norte, as recommended by a search committee constituted by the University President, in consultation with the Chairperson of CHED and other Board members, using normal standards and qualifications.
Section 5 sets the term of the two prominent citizens at two (2) years from date of appointment.
Section 5 makes membership of the federation presidents coterminous with their respective constitution and bylaws.
Section 7 requires the Board to convene once every three (3) months and authorizes the Chairperson to call special meetings when necessary.
Section 7 requires written notice to members at least three (3) days prior to the special meeting.
Section 7 defines quorum as majority of all its members holding office at the time, with either the Chairperson of the Board or the President of the University present.
Section 7 requires the CHED Chairperson to designate a CHED Commissioner as representative with the rights and responsibilities of a regular member, and provides for the President to act as Presiding Officer during meetings.
Section 7 authorizes the CHED Chairperson to designate a CHED Commissioner as the regular chair when needed, in which case the CHED Commissioner acts as Presiding Officer.
Section 7 provides that if the Senate and House education committee chairpersons cannot attend, they may designate representatives who have the same rights and responsibilities as regular members.
Section 7 provides that Board members do not receive salary, but are entitled to reimbursements for actual and necessary expenses incurred in attending meetings or other authorized official business, subject to existing laws and regulations.

Board of Regents: powers and duties

Section 6 empowers the Board, in addition to general corporate administration powers, to promulgate and implement policies aligned with Constitutional education, agriculture, science and technology policies, and CHED policies, standards, and thrusts under Republic Act No. 7722 (Higher Education Act of 1994).
Section 6 authorizes the Board to approve curricula, instructional programs, and rules of discipline drawn by the Administrative Council and Academic Council.
Section 6 requires the Board to appoint—upon the recommendation of the President—the vice presidents, deans, directors, campus heads, faculty members, and other officials and employees.
Section 6 directs the Board to fix and adjust salaries of faculty and administrative officials and employees subject to the Revised Compensation and Position Classification System and other pertinent laws, and to grant leaves under Board regulations, remove personnel for cause in accordance with due process of law.
Section 6(e) allows the Board to fix and adjust tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultation, and provides that fees and charges, including government subsidies and other income, constitute the University’s special trust funds deposited in authorized government depository banks, with accrued interests forming part of the same funds.
Section 6(e) requires fiduciary fees to be disbursed for the specific purposes for which collected.
Section 6(e) authorizes the Board, if the University cannot pursue an appropriated and allocated project for reasons beyond its control, to authorize use of those funds for any reasonable purpose necessary to attain University objectives and goals.
Section 6(e) authorizes retention by the University of income generated from tuition fees and other charges and from operation of auxiliary services and land grants, for Board-disbursed use for instruction, research, extension services, or other University programs and projects.
Section 6(f) requires the Board to adopt and implement a socialized scheme of tuition and other school fees for greater access for poor but deserving students in accordance with Republic Act No. 10931.
Section 6(g) requires the Board to establish professional chairs and provide fellowships for qualified faculty and scholarships to deserving students.
Section 6(h) authorizes the Board to receive and appropriate all sums provided for support of the University in its discretion to carry out purposes and functions.
Section 6(i) directs the Board to set policies on admission and graduation.
Section 6(j) authorizes awarding honorary degrees and certificates of completion for nondegree and nontraditional courses.
Section 6(k) requires establishment of research and extension centers.
Section 6(l) authorizes academic arrangements for capability building and appointing experts/specialists as consultants or part-time/visiting/exchange professors, scholars, or researchers.
Section 6(m) authorizes modern and innovative knowledge transmission modes, including information technology, dual training system, open distance learning, and community laboratory.
Section 6(n) requires collaboration with governing boards of SUCs within Camarines Norte and Region V under CHED supervision and in consultation with DBM for restructuring to improve efficiency, relevance, productivity, and competitiveness.
Section 6(o) authorizes absorption of non-chartered tertiary institutions within Camarines Norte and Region V as branches/external centers, coordinating with CHED and consulting DBM, and offering programs/courses to promote equal access.
Section 6(p) authorizes an external management audit financed by CHED, subject to COA rules, and mandates instituting reforms including academic and structural changes based on audit results and recommendations.
Section 6(q) requires development of consortia and other economic linkage forms with LGUs and local, public, private, and foreign institutions and agencies.
Section 6(r) authorizes importation of economic, technical, and cultural books and publications.
Section 6(s) authorizes 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.
Section 6(t) authorizes receiving in trust legacies, gifts, and donations of real and personal properties and administering and disposing of them for University benefit subject to donor limitations and instructions.
Section 6(u) authorizes construction or repair of buildings, machinery, equipment, and other facilities and purchase/acquisition of real property and necessary supplies/materials/equipment.
Section 6(v) authorizes extending the President’s term beyond retirement age but not beyond seventy (7), subject to Board guidelines, qualifications, standards, outstanding performance rating, and unanimous recommendation through the search committee.
Section 6(w) authorizes delegation of any powers and duties to the President and other University officials to expedite administration.
Section 6(x) requires policy guidelines and procedures for participative decision-making and transparency.
Section 6(y) authorizes privatization of management of nonacademic services (health, food, building/grounds/property maintenance, and similar activities) when advantageous to the University.
Section 6(z) authorizes promulgation of rules and regulations necessary to carry out purposes and functions.

University President and key officers

Section 8 requires the University to be headed by a President who renders full-time service.
Section 8 provides that the President is appointed by the Board upon the recommendation of a duly constituted search committee, subject to Board guidelines, qualifications, and standards.
Section 8 sets the President’s term at four (4) years and makes the President eligible for reappointment for another term.
Section 8 provides for transition: the incumbent President of the CNSC serves as the first President of the University.
Section 8 requires the Board to constitute a Search Committee for the Presidency within six (6) months before expiration of the incumbent President’s term.
Section 8 requires appointment/designation of an Officer-in-Charge (OIC) in case of vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity, and limits the OIC to serving only the unexpired portion of the term.
Section 8 assigns additional President duties: powers usually pertaining to the Office of the President in similar SUCs and duties delegated by the Board.
Section 8 requires the President’s salary to follow Republic Act No. 6758 (Compensation and Position Classification Act of 1989), as modified by Joint Resolution No. 4 dated June 17, 2009, and other amendatory laws, comparable to presidents of similar state educational institutions.
Section 8 requires assistance by three vice presidents: Vice President for Academic Affairs, Vice President for Administration, and Vice President for Research and Development, Extension Services and Training, all appointed by the Board upon the President’s recommendation.

Secretary and councils of governance

Section 9 requires the Board to appoint a Secretary who serves both the Board and the University and keeps all Board records and proceedings.
Section 9 requires the Secretary to serve notice of Board meetings to each Board member.
Section 10 establishes an Administrative Council chaired by the President and composed of vice presidents, deans, directors, and officials of equal rank, whose duty is to review and recommend policies governing administration, management, and development planning to the Board.
Section 11 establishes an Academic Council composed of the President as Chairperson and all academic staff with rank of at least an assistant professor.
Section 11 grants the Academic Council power to review and recommend curricular offerings and rules of discipline for Board approval.
Section 11 requires the Academic Council to fix requirements for admission and graduation and degree conferment, subject to Board review/approval through the President.
Section 11 grants disciplinary power over University students and requires it to formulate academic policies and discipline rules subject to Board approval.

Campus heads and faculty restrictions

Section 13 provides that Campus Directors serve as heads/administrators of University campuses and render full-time service.
Section 13 requires Campus Directors to be appointed or designated by the Board upon recommendation of the Search Committee and the President, subject to Board guidelines, qualifications, and standards.
Section 13 requires incumbent Campus Directors of existing CNSC campuses to serve as Campus Directors of their respective campuses upon the effectivity of the Act.
Section 14 prohibits political beliefs, gender preference, cultural or community affiliation, ethnic origin, or religious opinion/affiliation from being a matter of inquiry in faculty appointment.
Section 14 conditions faculty appointment on Board guidelines, qualifications, and standards.
Section 14 prohibits any faculty member from teaching for or against any particular church, faith, or religious sector.

Academic freedom and student access rights

Section 15 grants the University academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution.
Section 16 prohibits denying admission to any student on account of sex, faith, cultural or community affiliation, or ethnic origin.
Section 16 requires scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission.

Loans, transferred personnel, and CNSC assets

Section 17 authorizes heads of national government bureaus and offices, upon request of the University President, to loan or transfer apparatus, equipment, supplies, and to detail employees to the University when such items/services can be spared without serious detriment to public service.
Section 17 requires detailed employees to perform duties required by the University President and counts the time served as part of regular service.
Section 18 transfers all CNSC assets, real and personal, personnel, records, and liabilities/obligations to the University.
Section 18 requires respecting positions, rights, and security of tenure of faculty members and personnel employed under existing laws prior to conversion into a university.
Section 18 requires that incumbents remain in the same status until otherwise provided by the Board.
Section 18 requires the University to include an upgrade or increase in the human resource component.
Section 18 declares parcels of land belonging to the government occupied by the CNSC as property of the University and requires titling under the University’s name.
Section 18 requires reversion to the concerned LGU or the Republic of the Philippines if the University ceases to exist or is abolished or if the parcels are no longer needed by the University.

Tax and CHED-based effectiveness

Section 19 exempts from customs duties the importation of economic, technical, and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical, or cultural purposes made by the University upon CHED certification, in accordance with Republic Act No. 10863 (Customs Modernization and Tariff Act).
Section 19 provides that grants, bequests, endowments, donations, and contributions to the University actually, directly, and exclusively used by it are allowable deductions from the gross income of the donor under the National Internal Revenue Code of 1997, as amended.
Section 20 makes conversion effective only upon CHED determination and declaration that the institution complied with university status requirements based on a panel of experts’ recommendation, for purposes of CHED Memorandum Order No. 46, series of 2012.
Section 20 provides that the panel may recommend university status when the institution has substantially complied with university requirements.
Section 20 enumerates CHED university requirements including:
- Section 20(a) faculty with relevant degrees and participation in research and development activities evidenced by refereed publications and other scholarly outputs;
- Section 20(b) a comprehensive range of degree programs from basic post-secondary to doctoral programs;
- Section 20(c) visible research programs producing new knowledge evidenced by referred publications, citations, inventions, and patents;
- Section 20(d) comprehensive learning resources and support structures such as libraries, practicum laboratories, relevant educational resources, and linkages with relevant disciplinal and professional sectors;
- Section 20(e) linkages and affiliation with other research institutions worldwide ensuring research at current global standards;
- Section 20(f) outreach activities enabling students, faculty, and research staff to apply new knowledge to address specific social development problems.
Section 20 requires CHED, through its regional office, to regularly provide technical assistance and monitor compliance.
Section 20 requires the institution to retain its status prior to the effectivity of the Act until it complies with the requirements under the Act.

Development plan, audits, and required reporting

Section 21 requires, within one hundred twenty (120) days after approval of the Act, the University to:
- Section 21(a) submit a five (5) year-development plan, including its program budget, to CHED for recommendation to the DBM;
- Section 21(b) undergo a management audit in cooperation with CHED;
- Section 21(c) set up organizational, administrative, and academic structures, including appointment of key officials.
Section 22 requires the Board to file a detailed report with the Office of the President of the Philippines and both Houses of Congress through the CHED Chairperson on or before the fifteenth (15th) day of the second month after opening of regular classes each year, covering progress, conditions, and needs of the University.

Charter integration, parity, appropriations, IRR

Section 23 requires that Republic Act No. 8292 (Higher Education Modernization Act of 1997) be an integral part of the Act and serve as part of the Governing Charter of the University.
Section 24 provides a parity clause: all powers, functions, privileges, responsibilities, and limitations for state universities and their officials under existing laws are deemed granted to or imposed upon the University and its officials whenever appropriate.
Section 25 charges the amount necessary to carry out the Act against the current year’s appropriations of the CNSC, and thereafter includes necessary sums for continued operation and maintenance in the annual General Appropriations Act.
Section 26 requires the Board, within sixty (60) days from effectivity of the Act, to formulate implementing rules and regulations to fully implement the Act in consultation with CHED.

Implementing timelines, separability, and repeal

Section 27 provides a separability clause: invalid or unconstitutional parts do not affect remaining provisions; unaffected provisions remain in force.
Section 28 contains a repealing clause: all laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
Section 29 provides effectivity: the Act takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.