General mandate and program scope
- Section 2 requires the College to primarily provide advance studies and research, higher professional and technical instructions for special purposes, short-term technical-vocational, and other continuing courses relevant to its mission.
- Section 2 authorizes the College to undertake extension and development programs.
- Section 2 directs the College to provide instructional and research leadership in education, agriculture, fishery, engineering, arts and sciences in the Province of Misamis Occidental and Region X.
- Section 3 requires the College to offer undergraduate, graduate, and short-term technical-vocational courses, plus degree and nondegree courses within its areas of specialization, based on the College’s capacity and the Board of Trustees’ determination.
Curricular offerings and special schooling rules
- Section 3 mandates that technical-vocational courses or programs under TESDA supervision continue to be offered at the College’s campus.
- Section 3 transfers the existing high school to the jurisdiction and supervision of the Department of Education.
- Section 3 allows the College to operate a reasonably-sized laboratory high school if it has a College of Education.
Governance and governing Board composition
- Section 4 provides that the College has the general powers of a corporation under the corporation law.
- Section 4 vests administration and corporate powers exclusively in the Board of Trustees and the President of the College, insofar as authorized by the Board.
- Section 5 establishes the Board as the governing body composed of:
- (a) The Chairperson of the Commission on Higher Education (CHED) as Chairperson;
- (b) The President of the College as Vice-Chairperson;
- (c) The Chairperson of the Committee on Education, Arts and Culture of the Senate;
- (d) The Chairperson of the Committee on Basic Education and Culture of the House of Representatives;
- (e) The Regional Director of the National Economic and Development Authority (NEDA), Region X;
- (f) The Regional Director of the TESDA;
- (g) The Regional Director of the Department of Science and Technology (DOST);
- (h) The Regional Director of the Department of Agriculture (DA);
- (i) The president of the faculty association of the College;
- (j) The president of the student council of the College;
- (k) The president of the alumni association of the College;
- (l) Two (2) prominent citizens with distinguished professional fields of specialization of the College.
- Section 5 requires that the two (2) prominent citizens be chosen from at least five (5) qualified persons in the Province of Misamis Occidental, recommended by a search committee constituted by the College President in consultation with the Chairperson of the CHED and other Board members, using normal position standards and qualifications.
- Section 5 sets the terms of the presidents of the faculty association, student council, and alumni association as coterminous with their respective constitution and bylaws terms; it sets the prominent citizens’ service term at two (2) years from the date of appointment.
Board policies, powers, duties, and fees
- Section 6 requires the Board to promulgate and implement policies consistent with Philippine constitutional education, agriculture, and science and technology state policies, and consistent with CHED policies under Republic Act No. 7722 (Higher Education Act of 1994) and TESDA policies under Republic Act No. 7796 (TESDA Act of 1994).
- Section 7 authorizes the Board to promulgate rules and regulations necessary to carry out the College’s purposes, provided they are not contrary to law.
- Section 7 requires the Board to receive and appropriate all sums provided for the College’s support in a manner it determines.
- Section 7 allows the Board to import duty-free economic, technical, and cultural books and/or publications upon CHED verification for enumerated purposes, in accordance with the Tariff and Customs Code as amended.
Donations, tax treatment, and trustee limits
- Section 7(d) authorizes the Board to receive in trust legacies, gifts, and donations of real and personal properties and administer and dispose of them for the College’s benefit, subject to donor limitations, directions, and instructions.
- Section 7(d) provides that such donations are exempt from the donor’s tax and are allowable deductions from gross income for the donor’s income tax computation under the National Internal Revenue Code (NIRC) as amended.
- Section 7(d) prohibits disposition, transfer, or sale of such donation.
Tuition, special trust funds, retention of income
- Section 7(e) grants the Board authority to fix tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultation with involved sectors.
- Section 7(e) provides that tuition fees and other income generated by the College, including government subsidies and auxiliary services and land grants, constitute special trust funds deposited in any authorized government depository bank; accrued interest becomes part of the same funds for College use.
- Section 7(e) commands that income generated by the College from tuition fees and other charges, and from auxiliary services and land grants, shall be retained by the College and disbursed by the Board for instruction, research, extension, or other College programs/projects.
- Section 7(e) requires fiduciary fees be disbursed for the specific purposes collected.
- Section 7(e) allows the Board to authorize use of appropriated and allocated project funds for any reasonable purpose necessary and urgent to attain objectives if the College cannot pursue a project for reasons beyond its control.
Socialized tuition and education access
- Section 7(f) requires the Board to adopt and implement a socialized scheme of tuition and school fees for greater access for poor but deserving students in accordance with Republic Act No. 10931 (Universal Access to Quality Tertiary Education Act).
Duty-free imports, infrastructure powers, and property management
- Section 7(g) authorizes the Board to construct or repair buildings, machinery, equipment, and other facilities, and to purchase and acquire real and personal properties and necessary supplies, materials, and equipment.
- Section 7(q) allows the Board to delegate any of its powers and duties to the President or other officials to expedite administration.
Personnel, compensation, curricula, admission, and degrees
- Section 7(h) requires the Board to appoint vice presidents, deans, directors, heads of departments, faculty members, and other officials and employees upon recommendation of the President.
- Section 7(i) authorizes the Board to fix and adjust salaries subject to the Revised Compensation and Position Classification System and other budget and compensation laws; it also authorizes leaves of absence under regulations it promulgates and removal for cause in accordance with due process of law.
- Section 7(j) mandates that the Board approve curricula, instructional programs, and rules of discipline drawn by the administrative and academic councils.
- Section 7(k) empowers the Board to set policies on admission and graduation.
- Section 7(l) authorizes the Board to award honorary degrees for outstanding contributions in education, public service, arts, science and technology, agriculture, or any academic competence field of the College; it also authorizes certificates of completion for nondegree and nontraditional courses.
Expansion, research centers, professorial chairs, and linkages
- Section 7(m) authorizes the Board, in coordination with CHED and in consultation with the Department of Budget and Management (DBM), to establish and absorb nonchartered tertiary institutions within the Province of Misamis Occidental as branches and centers to promote equal access to educational opportunities as mandated by the Constitution.
- Section 7(n) authorizes establishment of research and extension centers where they promote development of the College.
- Section 7(o) authorizes establishment of professorial chairs and provision of fellowships for qualified faculty and scholarships to deserving students.
Audits, restructuring collaboration, joint ventures, and transparency
- Section 7(r) authorizes an external management audit financed by CHED, subject to Commission on Audit (COA) rules; it also authorizes reforms, including academic and structural changes, based on audit results and recommendations.
- Section 7(t) authorizes collaboration with other SUC governing boards within Misamis Occidental and Region X under CHED supervision and in consultation with DBM, to restructure the College for greater efficiency, relevance, productivity, and competitiveness.
- Section 7(s) authorizes joint ventures with business and industry for profitable development and management of the College’s economic assets, with proceeds used for development and strengthening.
- Section 7(v) requires adoption of academic arrangements for institutional capability building and appointment of experts/specialists as consultants or exchange/researchers as the case may be.
- Section 7(w) directs the Board to establish policy guidelines and procedures for participative decision-making and transparency within the College.
- Section 7(x) authorizes privatization, where most advantageous, of management of nonacademic services such as health services, food services, building or grounds or property maintenance, and similar activities.
President extension beyond retirement age
- Section 7(y) authorizes extension of the term of the President beyond the retirement age when the governing board unanimously rates performance as outstanding, after unanimous search committee recommendation, and not beyond the age of seventy (70).
Board meetings and officer structure
- Section 8 requires the Board to convene regularly at least once every quarter.
- Section 8 authorizes special meetings upon the Chairperson’s call with three (3) days prior written notice whenever necessary.
- Section 8 establishes quorum as a majority of all members holding office at the time, requiring presence of either the Board Chairperson or the College President.
- Section 8 provides governance during CHED Chairperson absence: a CHED Commissioner duly designated by the CHED Chairperson acts with all regular member rights and responsibilities; in that meeting, the College President (as Vice-Chairperson) presides unless the CHED Chairperson designates a CHED Commissioner as regular Chairperson, in which case the Commissioner presides.
- Section 8 allows Congressional Committee Chairpersons on Education who cannot attend to designate representatives with the same rights and responsibilities as regular Board members.
- Section 8 provides that Board members receive no salary but are entitled to reimbursements for actual and necessary expenses incurred for Board attendance or other authorized official business, subject to existing laws and regulations.
President appointment, term, and continuity of OAIS leadership
- Section 9 provides that the College is headed by a President serving full-time.
- Section 9 requires the Board to appoint the President based on Board-set guidelines, qualifications, and/or standards upon recommendation of a duly constituted search committee.
- Section 9 sets the President’s term at four (4) years and eligible for reappointment to another term.
- Section 9 provides a transition rule: the incumbent OAIS administrator, if qualified, shall serve as the first President, and the remaining term of the incumbent administrator is treated as the President’s first term.
- Section 9 requires the Board to constitute the Search Committee for the Presidency (SCP) within six (8) months before expiration of the incumbent President’s term.
- Section 9 authorizes the Board to designate an Officer-in-Charge (OIC) upon President vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity, pending a new President appointment.
- Section 9 requires the Board to constitute the SCP within six (6) months from the date of vacancy.
- Section 9 defines the President’s additional powers and duties as those usually pertaining to the office of president of similar colleges and those delegated by the Board.
- Section 9 requires the President’s salary to follow the Revised Compensation and Position Classification System and to be comparable to presidents of similar educational institutions.
- Section 9 requires the President to be assisted by a Vice President for Academic Affairs and a Vice President for Administration, appointed by the Board upon the President’s recommendation.
Administrative and Academic Councils
- Section 10 creates an Administrative Council chaired by the President and composed of the vice presidents, deans, directors, and other officials of equal rank, tasked to implement Board-approved policies on administration, management, and development.
- Section 11 creates an Academic Council chaired by the President and composed of all academic staff with rank not lower than assistant professor.
- Section 11 empowers the Academic Council to review and recommend curricular offerings and rules of discipline for Board action.
- Section 11 requires the Academic Council to fix admission and graduation requirements and degree conferment requirements subject to Board review and approval through the President.
- Section 11 grants disciplinary power over College students and authorizes formulation of academic policies and disciplinary rules for Board approval.
College Secretary and Treasurer
- Section 12 requires the Board to appoint a Secretary to serve both the Board and the College, tasked with keeping Board records and proceedings and serving Board meeting notices.
- Section 13 provides that the Treasurer of the Philippines is the ex-officio Treasurer of the College.
Faculty, student admission, and autonomy
- Section 14 prohibits inquiry in faculty appointments into political belief, gender preference, cultural or community affiliation, ethnic origin, or religious opinion/affiliation.
- Section 14 requires faculty appointment to be subject to Board qualifications and standards.
- Section 14 prohibits any faculty member from teaching for or against any particular church or religious sect.
- Section 15 requires the College to provide a scholarship program and other affirmative action programs for poor but deserving students who qualify for admission.
- Section 15 prohibits denial of admission on the basis of sex, nationality, religion, cultural or community affiliation, or ethnic origin.
- Section 16 grants the College academic freedom and institutional autonomy under Section 5, paragraph 2 of Article XIV of the 1987 Constitution of the Republic of the Philippines.
Reporting and use of government resources
- Section 17 requires the Board to file, on or before the fifteenth (15th) day of the second month after opening of regular classes each year, a detailed report on progress, conditions, and needs of the College with the Office of the President of the Philippines through the Chairperson of the CHED, and with both Houses of Congress.
- Section 18 authorizes heads of national government bureaus and offices, upon the President’s request, to lend or transfer apparatus, equipment, or supplies needed by the College and to detail employees when such resources can be spared without serious detriment to public service.
- Section 18 provides that detailed employees shall perform duties required by the President of the College, and the time employed counts as part of their regular services.
Asset transfer, land ownership, and upgrade
- Section 19 transfers all assets, personnel, records, and liabilities/obligations of the OAIS to the College.
- Section 19 requires respect for the positions, rights, and security of tenure of academic staff and personnel employed under existing laws before conversion.
- Section 19 requires the College to include an upgrade or increase in its human resource component.
- Section 19 declares parcels of land belonging to government occupied by OAIS as property of the College and requires titling in the College’s name.
- Section 19 provides that if the College ceases to exist, is abolished, or the parcels are no longer needed, title transfers to the LGU of Oroquieta City, Province of Misamis Occidental.
Development plan and CHED compliance timeline
- Section 20 requires that within one hundred twenty (120) days after approval of the Act, the College accomplishes:
- (a) Submission of a five (5)-year development plan with corresponding program budget to CHED for DBM recommendation;
- (b) Management audit in cooperation with CHED;
- (c) Setup of organizational, administrative, and academic structure, including appointment of key officials;
- (d) Establishment of at least four (4) separate degree-granting units, including one arts and sciences unit and another unit for nondegree technical-vocational education and training.
- Section 21 requires that establishment or conversion to state college status takes effect only upon CHED determination and declaration, based on a panel of experts, that college status requirements are complied with 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).
- Section 21 allows CHED to issue recommendation when the institution has substantially complied with requirements for state college status.
- Section 21 maintains the institution’s prior status until it complies with the CHED requirements for the effectivity of state college status.
Suppletory, parity, appropriations, and implementing rules
- Section 22 makes Republic Act No. 8292 (Higher Education Modernization Act of 1997) an integral part of the College charter.
- Section 23 provides a parity rule: all other powers, functions, privileges, responsibilities, and limitations to state colleges and their officials under existing laws are granted to or imposed upon the College and its officials whenever appropriate.
- Section 24 charges the amount necessary to carry out the Act against the current year’s appropriations for OAIS; thereafter, sums necessary for operation and maintenance are included in the annual General Appropriations Act.
- Section 25 requires the Board, in consultation with CHED, to formulate guidelines to fully implement the Act within sixty (60) days from effectivity.
Publication, separability, repeal, and effectivity
- Section 26 provides separability: invalid or unconstitutional parts do not affect remaining parts that remain in full force and effect.
- Section 27 repeals or modifies Republic Act No. 4941 and all laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act.
- Section 28 establishes effectivity: the Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.
Issuance details
- The Act is Republic Act No. 11282 with the approval date April 12, 2019.
- The Act converts OAIS in Oroquieta City, Misamis Occidental into Misamis Occidental State College (MOSC).
- The Act repeals Republic Act No. 4941 for the purpose of the conversion and appropriating funds for the College.
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.