Conversion of Occidental Mindoro State College into a State University

Mandate, research, extension, production

The OMSU must primarily provide advance instruction and professional training in: education, engineering, science and technology, arts and humanities, information and communications technology, architecture, criminology, midwifery, accountancy, business administration, management, agriculture, forestry, and other relevant fields of study.
The OMSU must also undertake research and extension services and production activities supporting socioeconomic development and the preservation of Tamaraws and the indigenous peoples of Occidental Mindoro and the MIMAROPA region (Mindoro, Marinduque, Romblon and Palawan).

Curricular offerings and laboratory school

The OMSU must offer undergraduate and graduate courses within its competency and areas of specialization in the fields it enumerates, including programs responding to human resource development needs of Occidental Mindoro and the MIMAROPA region.
The Board of Regents determines what is necessary to accomplish the objectives of the OMSU and to meet human resource development needs.
The OMSU may operate a reasonably sized laboratory school if it has a College of Education.
Existing reasonably-sized laboratory senior high school and elementary school hall continue operating under the supervision of the College of Education of the OMSU to serve the in-campus requirements of students.

University governance structure

The OMSU has the general powers of a corporation under Batas Pambansa Blg. 68 (as amended), and corporate powers are exercised exclusively by the Board and the President of the OMSU.
The governing body is the Board of Regents, chaired and co-chaired by: the Chairperson of the Commission on Higher Education (CHED) and the President of the OMSU, respectively.
The Board of Regents includes:
- (a) Chairperson of the Committee on Higher, Technical and Vocational Education of the Senate
- (b) Chairperson of the Committee on Higher and Technical Education of the House of Representatives
- (c) Regional Director of NEDA
- (d) Regional Director of the Department of Science and Technology
- (e) Regional Director of the Department of Agriculture
- (f) President of the federation of faculty associations of the OMSU
- (g) President of the federation of student councils of the OMSU
- (h) President of the federation of alumni associations of the OMSU
- (i) Two (2) prominent citizens from the private sector with distinguished professions or specialization
The Board appoints two (2) prominent citizens from a list of at least five (5) qualified persons in Occidental Mindoro, based on standards set by the Board, selected through a search committee constituted by the President of the OMSU, in consultation with the CHED Chairperson and other Board members; they serve for a term of two (2) years from appointment.

Board powers, fees, and administration

The Board must promulgate and implement policies consistent with constitutional education/agriculture/science-and-technology principles, CHED policies, standards, and thrusts under Republic Act No. 7722, and TESDA policies under Republic Act No. 7796.
The Board must approve curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
The Board appoints, upon the recommendation of the President of the OMSU, the vice presidents, deans, directors, heads of the campuses, faculty members, and other officials and employees.
The Board sets and adjusts salaries of faculty and administrative officials/employees subject to existing compensation rules, grants leaves of absence under Board regulations, and removes for cause consistent with due process of law.
The Board fixes tuition fees and other school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultation; these fees and charges, including government subsidies and other OMSU income, are special trust funds deposited in an authorized government depository bank, and accrued interests become part of the same funds.
Income generated from tuition and other charges and from auxiliary services and land grants is retained by the OMSU and may be used by the Board for instruction, research, extension services, or other OMSU programs and projects; fiduciary fees must be used only for the specific purposes collected.
If the OMSU cannot pursue an appropriated and allocated project for reasons beyond its control, the Board may authorize use of the funds for any reasonable and necessary and urgent purpose to attain OMSU objectives and goals.
The Board must adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students under Republic Act No. 10931.
The Board may establish professional chairs, provide fellowships to qualified faculty, and grant scholarships to deserving students.
The Board may receive and appropriate sums provided for OMSU support and establish policies on admission and graduation of students.
The Board may award honorary degrees within academic competency and authorize certificates of completion for nondegree and nontraditional courses.
The Board may establish research and extension centers, develop institutional capability-building academic arrangements and appoint consultants/visiting/exchange professors/scholars/researchers.
The Board must adopt modern and innovative modes of transmitting knowledge (including information technology, dual training system, open distance learning, and community laboratory).
The Board may collaborate with governing boards of state universities and colleges within Occidental Mindoro and MIMAROPA under CHED supervision and in consultation with the DBM to restructure the OMSU for efficiency, relevance, productivity, and competitiveness.
The Board may absorb non-chartered tertiary institutions in Occidental Mindoro and MIMAROPA as branches/extension/external centers in coordination with CHED and in consultation with the DBM.
The Board may authorize an external management audit financed by CHED, subject to Commission on Audit rules, and institute reforms based on audit results and recommendations.
The Board may develop consortia and economic forms of linkages with LGUs and public/private/local/foreign institutions and agencies.
The Board may import economic, technical, and cultural books and publications and enter joint ventures with business/industry for profitable development and management of economic assets whose proceeds support OMSU strengthening.
The Board may receive in trust legacies, gifts, and donations of real and personal properties and administer/dispose of them for OMSU benefit subject to donor limitations, directions, and instructions.
The Board may extend the OMSU President’s term beyond retirement age but not beyond seventy (70), if performance is rated outstanding and a unanimous recommendation is decided by the search committee.
The Board may delegate its powers and duties to the President and other officials as appropriate, adopt transparency and participative decision-making guidelines and procedures, and privatize management of nonacademic services where most advantageous.
The Board authorizes construction/repair of buildings, machinery, equipment, facilities, purchase/acquisition of real property, including necessary supplies/materials/equipment.
The Board promulgates rules and regulations necessary to carry out OMSU purposes and functions.

Board meetings and Board membership limits

The Board must convene regularly once every three (3) months.
The CHED Chairperson may call a special meeting whenever necessary.
Written notice to members must be given at least three (3) days before any meeting.
A Board quorum consists of a majority of all its members holding office at the time of the meeting, and requires that the Chairperson of the Board or the President of the OMSU is present.
If the CHED Chairperson cannot attend, a duly designated CHED Commissioner representative attends and has full rights and responsibilities of a regular member.
During meetings, the President of the OMSU, as Vice Chairperson, presides.
The CHED Chairperson may designate a CHED Commissioner as regular Chairperson, who then acts as presiding officer.
If the Senate Committee Chairperson and House Committee Chairperson cannot attend, they may designate representatives with the same rights and responsibilities as regular members.
Board members receive no salary, but are entitled to reimbursements for actual and necessary expenses for Board attendance or other authorized official business, subject to existing laws and regulations.

President, councils, and campus heads

The OMSU is headed by a President rendering full time service, appointed by the Board on recommendation of a duly constituted search committee.
The President has a term of four (4) years and is eligible for reappointment to another term.
For smooth transition, the incumbent OMSC President, if qualified, serves as the first President of the OMSU.
Within six (6) months before the incumbent President’s term expires, the Board constitutes the search committee for the Presidency.
If the Presidency becomes vacant due to death, compulsory retirement, resignation, removal for cause, or incapacity, the Board designates an Officer-in-Charge pending a new President’s appointment; the Officer-in-Charge serves only the unexpired portion of the term.
The President’s powers and duties include those usually pertaining to a university presidency and those delegated by the Board.
The President’s salary must follow Republic Act No. 11466 (Salary Standardization Law of 2019) and any amendatory laws enacted thereafter, and must be comparable to salaries of presidents of similar educational institutions.
The President is assisted by three Vice Presidents:
- (1) Vice President for Academic Affairs
- (2) Vice President for Administration
- (3) Vice President for Research, Development and Extension
  All are appointed by the Board upon the President of the OMSU’s recommendation.
The Board appoints a Secretary who serves for both the Board and the OMSU and keeps all records and proceedings of the Board, and who provides each Board member appropriate notice of meetings.
The Treasurer of the Philippines is the ex officio Treasurer of the OMSU.
The Administrative Council consists of the President of the OMSU as Chairperson and the vice presidents, deans, directors, and other officials of equal rank; it reviews and recommends policies governing administration, management, and development planning to the Board.
The Academic Council formulates academic policies and consists of the President (Chairperson) and all academic staff with rank of at least assistant professor.
The Academic Council reviews and recommends curricular offerings and rules of discipline to the Board, fixes requirements for admission and graduation and conferment of degrees subject to Board review through the President, exercises disciplinary power over OMSU students, and issues student discipline rules subject to Board approval.
Campus Directors serve as campus heads/administrators with full-time service, appointed or designated by the Board upon the recommendation of the search committee and President, subject to Board guidelines/qualifications/standards.
Upon effectivity, incumbent Campus Directors of the existing OMSC campuses continue serving as such.

Faculty standards; academic freedom

Faculty appointments cannot inquire into political belief, gender preference, cultural/community affiliation, ethnic origin, or religious opinion/affiliation, subject to Board guidelines/qualifications/standards.
Faculty members cannot be required to teach for or against any particular church or religious sect.
The OMSU enjoys academic freedom and institutional autonomy under Paragraph 2, Section 5 of Article XIV of the Constitution.

Scholarships, affirmative action, and admission equality

The OMSU must provide scholarship and other affirmative action programs to assist poor but deserving students who qualify for admission.
No student is denied admission because of gender, religion, cultural or community affiliation, physical disability, or ethnic origin.

Government loan/transfer and personnel details

Heads of national government bureaus and offices may loan or transfer, upon request of the OMSU President, apparatus/equipment/supplies needed by the OMSU, and may detail employees for duty there when the head of bureau/office determines the items/services can be spared without serious detriment to public service.
Detailed employees perform duties required by the OMSU President, and the time served counts as part of their regular service.

Assets, liabilities, personnel transfer

All assets (real and personal), personnel, and records of the OMSC and its liabilities/obligations are transferred to the OMSU.
The positions, rights, and security of tenure of faculty members and personnel employed under existing laws prior to conversion are respected.
Incumbent personnel remain in the same status until the Board provides otherwise.
The OMSU must upgrade or increase its human resource components as deemed appropriate by the Board.
Government parcels of land occupied by the OMSC become OMSU property and must be titled under the OMSU’s name.
If the OMSU ceases to exist or is abolished, or if parcels of land are no longer needed by the OMSU, the parcels revert to the concerned LGU or to the Republic of the Philippines.

Tax and importation/donation exemptions

The OMSU’s importation of economic, technical, and cultural books or publications for economic, technical, vocational, specific, philosophical, historical, or cultural purposes, upon CHED certification, is exempt from customs duties under Republic Act No. 10863 (Customs Modernization and Tariff Act (CMTA)).
Grants, bequests, endowments, donations, and contributions made to the OMSU and used actually, directly, and exclusively by the OMSU 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.

CHED-based university effectivity; QA requirements

Conversion into a state university becomes effective only when the CHED determines, based on a panel of experts’ recommendation, that the institution has complied with requirements for university status under CHED Memorandum Order No. 46, series of 2012 (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 OMSC has substantially complied with the requirements for university status grant.
University requirements to be complied with include:
- (a) Employment of full-time, permanent faculty with relevant degrees and participation in research and development activities, evidenced by referred publications and other scholarly outputs
- (b) Offering a comprehensive range of degree programs from basic post-secondary to doctoral programs
- (c) Conduct of viable research programs producing new knowledge, evidenced by referred publications, citations, inventions, and patents
- (d) Comprehensive learning resources and support structures including libraries, practicum laboratories, relevant educational resources, and linkages allowing access to basic, advanced, and cutting edge knowledge across disciplines/professions
- (e) Linkage/affiliation with other research institutions worldwide to keep research at current global standards
- (f) Outreach activities enabling students, faculty, and research staff to apply new knowledge to address social development problems
CHED must, through its regional office, provide technical assistance and monitor OMSU compliance with the requirements.
The OMSC retains its prior status until it complies with the Act’s requirements.

Transition deadlines; reporting; implementation rules

Within one hundred twenty (120) days after approval of the Act, the OMSU must:
- (a) Submit a five (5)-year development plan, including its program budget, to CHED for DBM recommendations
- (b) Set up organizational/administrative/academic structure including appointment of key officials
- (c) Undergo a management audit in coordination with CHED
The Board must file a detailed annual report with the Office of the President of the Philippines through the CHED Chairperson, and with both Houses of Congress, on or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year, reporting on OMSU progress, condition, and needs.
Republic Act No. 8292 (Higher Education Modernization Act of 1997) forms an integral part of the Act and serves as part of the OMSU Governing Charter.
Within sixty (60) days from effectivity, the Board, in consultation with CHED, must formulate rules and regulations to fully implement the Act.

Parity; appropriations; separability; repeal; effectivity

The Act grants or imposes upon the OMSU and its officials all other powers, functions, privileges, responsibilities, and limitations under existing laws whenever appropriate (Parity Clause).
Appropriations for implementing the Act are charged against the current year’s appropriations of the OMSC; thereafter, needed sums for continuing operation and maintenance must be included in the annual General Appropriations Act.
If any part or provision is declared invalid or unconstitutional, the remaining parts not affected remain in full force and effect (Separability Clause).
All laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly (Repealing Clause).
The Act takes effect fifteen (15) days following its publication in the Official Gazette or in a newspaper of general circulation.
Approval date: JUL 30 2021.