Conversion of NMSCST to University of Northwestern Mindanao

Mandate, academic freedom, and offerings

Section 2 requires the University to primarily provide advance education, higher technological, professional instruction and training in the fields of agriculture, fisheries, engineering, arts and sciences, education, business administration and management, health sciences, and other relevant fields of study.
Section 2 requires the University to undertake research, extension services, and production activities in support of socioeconomic development of the Province of Misamis Occidental and to provide progressive leadership in its specialization areas.
Section 3 grants the University academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution.
Section 4 requires the University to offer undergraduate, graduate and short-term courses within its areas of specialization and according to its capabilities, as the Board of Regents may deem necessary to carry out its objectives—particularly to meet the needs of the Province of Misamis Occidental and Region X.
Section 4 transfers the existing high school to the jurisdiction and supervision of the Department of Education (DepEd).
Section 4 allows the high school to remain and operate within the University campus until students currently enrolled have completed their high school education.
Section 4 allows the University to operate a reasonably-sized laboratory school under its College of Education in the main campus.

Corporate governance and Board of Regents

Section 5 vests the University with the general powers of a corporation under Batas Pambansa Blg. 68, as amended (the “Corporation Code of the Philippines”).
Section 5 vests administration and the exercise of corporate powers exclusively in the Board of Regents and the President of the University.
Section 6 establishes the governing board as the Board of Regents, chaired by the Chairperson of CHED and co-chaired by the President of the University.
Section 6 provides the Board’s membership includes:
- (a) CHED Chairperson (Chairperson);
- (b) University President (Vice-Chairperson);
- (c) Chairperson of the Senate Committee on Education, Arts and Culture;
- (d) Chairperson of the House Committee on Higher and Technical Education;
- (e) Regional Director of NEDA;
- (f) Regional Director of the Department of Agriculture;
- (g) President of the federation of faculty associations of the University;
- (h) President of the federation of student councils of the University;
- (i) President of the federation of alumni associations of the University;
- (j) Two (2) prominent citizens from the private sector distinguished in their profession or fields of specialization, primarily to contribute to deployment of on-the-job trainees, interns and graduates of the University;
- (k) Regional Director of DOST.
Section 6 requires the Board to appoint the two (2) prominent citizens from a list of at least five (5) qualified persons in the Philippines recommended by a search committee constituted by the University President, in consultation with the CHED Chairperson and other Board members, based on standards and qualifications set for the position.
Section 6 sets the term of the two prominent citizens at two (2) years from the date of appointment.
Section 6 sets that the Presidents of the federation of faculty associations, student councils, and alumni associations serve coterminous terms with their constitutions and bylaws.

Board powers, finance, and disciplinary authority

Section 7 gives the Board, in addition to general corporate powers, specific powers and duties.
Section 7(a) requires the Board to promulgate and implement policies in accordance with declared State policies and constitutional education/agriculture/science and technology policies, and with CHED policies/standards/thrusts under Republic Act No. 7722 (“Higher Education Act of 1994”).
Section 7(b) authorizes the Board to promulgate rules and regulations not contrary to law necessary to carry out University purposes and functions.
Section 7(c) authorizes the Board to receive and appropriate sums provided for support of the University in the Board’s discretion to carry out purposes and functions.
Section 7(d) authorizes the Board to import economic, technical and cultural books and publications.
Section 7(e) authorizes the Board to fix tuition fees and other necessary school charges (including matriculation fees, graduation fees and laboratory fees) upon recommendation of the University President.
Section 7(e) makes tuition and other charges (including government subsidies and other University income) constitute a special trust fund deposited in an authorized government depository bank.
Section 7(e) allows, when no government depository bank exists in the main campus and satellite campuses, deposit in any bank in the locality.
Section 7(e) requires that accrued interests form part of the same funds for the use of the University.
Section 7(e) provides that, notwithstanding contrary provisions of existing law/rules/regulations, income generated from tuition fees and other charges and from auxiliary services and land grants shall be retained by the University and may be disbursed by the Board for instruction, research, extension or other University programs/projects.
Section 7(e) requires that fiduciary fees be disbursed only for the specific purposes for which collected.
Section 7(f) authorizes the Board to enter into contracts for:
- (1) loans from government banks to finance infrastructure projects, laboratory equipment and facilities and other income generating projects;
- (2) lease or purchase agreements;
- (3) other procurement modes authorized by law.
Section 7(f) permits the Board to authorize use of appropriated/allocated funds for any reasonable purpose necessary and urgent to attain University objectives when, for reasons beyond control, the University cannot pursue an approved program project.
Section 7(g) authorizes the Board to adopt and implement a socialized scheme of tuition and school fees consistent with Republic Act No. 10931 (“Universal Access to Quality Tertiary Education Act”).
Section 7(h) requires the Board to approve curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
Section 7(i) authorizes the Board to set policies on student admission and graduation.
Section 7(j) authorizes the Board to authorize construction/repair of buildings, machinery, equipment, other facilities, and the purchase/acquisition of real and personal property.
Section 7(k) authorizes honorary degrees for persons recognized for outstanding contribution in education, public service, arts, science and technology, agriculture, or any field within the University’s academic competence.
Section 7(k) authorizes the awarding of certificates of completion for non-degree and nontraditional courses.
Section 7(l) authorizes the Board to establish and absorb non-chartered tertiary institutions within Misamis Occidental as branches and centers in coordination with CHED and in consultation with DBM, offering programs/courses to promote equal access to educational opportunities mandated by the Constitution.
Section 7(m) authorizes the Board to establish research and extension centers and to commercialize research, invention and innovations upon the President’s recommendation.
Section 7(n) authorizes the Board to appoint vice presidents, deans, directors, and heads of departments.
Section 7(o) permits the Board to delegate any powers/duties to the President or other officials to expedite administration.
Section 7(p) authorizes an external management audit of the University financed by CHED and subject to COA rules; it also authorizes instituting reforms including academic and structural changes based on audit results.
Section 7(q) authorizes collaboration with other governing boards of state colleges and universities within Misamis Occidental or Region X under CHED supervision and DBM consultation, to restructure the University for efficiency, relevance, productivity and competitiveness.
Section 7(r) authorizes joint ventures with business and industry for profitable development and management of University economic assets, with proceeds used for strengthening and development of the University.
Section 7(s) authorizes development of consortia and other economic forms of linkages with LGUs, institutions and agencies (public and private; local and foreign) to further University purposes.
Section 7(t) authorizes professorial chairs, fellowships for qualified faculty, and scholarships for deserving students.
Section 7(u) authorizes academic arrangements for institutional capability building, appointment of experts/specialists as consultants, part-time/visiting/exchange professors, scholars, researchers as applicable.
Section 7(v) authorizes the Board to fix and adjust salaries subject to the Revised Compensation and Position Classification System and other pertinent compensation laws; it authorizes leaves of absence under existing law and authorizes removal for cause in accordance with due process.
Section 7(w) authorizes adoption of modern and innovative modes of transmitting knowledge (information technology, dual training system, open distance learning, community laboratory) to promote greater access.
Section 7(x) requires the Board to establish policy guidelines/procedures for participative decision-making and transparency.
Section 7(y) authorizes privatization (where most advantageous) of management of nonacademic services such as health, food, building or grounds or property maintenance, and similar activities.
Section 7(z) authorizes appropriation in trust legacies, gifts and donations of real and personal property and administration/disposal when necessary for the University’s benefit subject to donor instructions, if any.
Section 7(aa) authorizes extension of the President’s term beyond retirement age but not beyond seventy (70), if the President performance is unanimously rated by the Board as outstanding based on Board guidelines and after unanimous recommendation by the search committee.
Section 7(bb) authorizes the Board to hear cases and complaints concerning erring employees and faculty members as referred by the President.

Board meetings and member compensation

Section 8 requires regular Board convening once every three (3) months.
Section 8 allows the Chairperson, upon three (3) days’ prior written notice, to call a maximum of two (2) special meetings within the same period when necessary.
Section 8 defines quorum as a majority of all members holding office at the time of meeting.
Section 8 requires the presence of the Chairperson of the Board or the President of the University in order to constitute quorum.
Section 8 provides that if the CHED Chairperson cannot attend, a CHED Commissioner designated by the CHED Chairperson shall act with all rights and responsibilities of a regular member.
Section 8 provides that in such a meeting, the President (as Vice-Chairperson) presides.
Section 8 authorizes CHED Chairperson to designate a CHED Commissioner as regular Chairperson of the Board, in which case the CHED Commissioner acts as presiding officer.
Section 8 provides that Senate and House Committee Chairpersons on Education who cannot attend may designate representatives with the same rights and responsibilities as regular members.
Section 8 provides that Board members receive no salary but are entitled to reimbursements for actual and necessary expenses incurred for meeting attendance or other authorized official business, subject to existing laws and regulations.

Presidency, appointment, acting leadership

Section 9 provides that the University is headed by a President who renders full-time service.
Section 9 requires the Board to appoint the President subject to the Board’s guidelines, qualifications and standards, upon recommendation of a duly constituted search committee.
Section 9 sets the President’s term at four (4) years and makes the President eligible for reappointment for another term.
Section 9 requires the incumbent NMSCST President to serve as the first President of the University to effect smooth transition.
Section 9 requires the Board to constitute a Search Committee for the Presidency (SCP) within six (6) months before expiration of the incumbent President’s term.
Section 9 requires the Board to designate an Officer-in-Charge (OIC) within six (6) months from a presidential vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity to perform functions.
Section 9 limits the OIC’s service to the unexpired portion of the term.

President powers, administration, and accountability

Section 10 vests administration of the University in the President and assigns specific powers and functions.
Section 10(a) requires the President to carry out Board general policies within the lines of those general policies.
Section 10(b) requires general supervision over the University, including businesses/financial operations, offices, teaching staff, and employees.
Section 10(c) requires the President to accept resignations of faculty and employees and to report them to the Board in the meeting immediately following acceptance.
Section 10(d) requires the President to supervise extracurricular activities and issue adequate rules for organization and operation of student organizations.
Section 10(e) authorizes renewal of faculty/employee appointments for not more than one (1) year when continued service is necessary and funds are available.
Section 10(f) authorizes transfer of faculty and employees between departments/units with written consent of the concerned faculty/employee, without resulting in demotion in rank and salary, and with consent of the head of the unit.
Section 10(g) establishes the President as the official communication center between faculty/employees/students and the Board.
Section 10(h) requires an annual report to the Board on prior-year accomplishments and current-year needs.
Section 10(i) requires presentation to the Board of the annual budget with income and expenditure estimates.
Section 10(j) authorizes the President to execute and sign, on behalf of the University, all contracts, deeds and instruments necessary for proper conduct of University business unless otherwise provided.
Section 10(k) authorizes enforcement of discipline and maintenance of satisfactory academic standards in all University units.
Section 10(l) authorizes the President to modify or disapprove any action or resolution of University/faculty/administrative bodies if the interest of the University requires; requires written communication immediately to the affected body stating reasons, and requires informing the Board thereafter.
Section 10(m) authorizes other powers elsewhere provided in the Act or authorized by the Board and permits written delegation to chancellors, campus directors, or University offices.
Section 10(n) authorizes recommending to the Board—after consultation with the Vice President for Academic Affairs and University Deans/Heads of Nonacademic Units—suitable persons for vacancies/new positions and emergency arrangements when the Board is not in conference.
Section 10(o) authorizes or denies faculty permission to accept training grants, scholarships, assistantships, or “Invitations to conferences” sponsored by other agencies/organizations.
Section 10(p) authorizes changing faculty leave status from teacher’s leave to cumulative leave (or vice versa) on recommendation of the Vice President for Academic Affairs and concerned college deans.
Section 10(q) requires holding officers/teachers/employees responsible for full discharge of duties; permits initiating separation proceedings for cause after consultation with Vice President for Academic Affairs, University Deans and Administrative Officers when necessary.
Section 10(r) requires reporting to the Board all cases of erring employees/faculty for the Board’s committee to hear the case.
Section 10(s) authorizes inviting scholars of eminence and persons distinguished in learned professions/careers to deliver lectures.
Section 10(t) authorizes other powers required by the Act or the University Charter, or specially authorized by the Board, and permits written delegation within the University.

University officers and internal councils

Section 11 provides that line offices under the Office of the President include the Office of the Vice Presidents for Academic Affairs, Research and Extension; Center for Information and Communications Technology; Office of Finance and Management Services; and Office of the Administrative Services.
Section 11 provides that staff offices include the University and Board Secretary, Executive Assistants, and Planning and Development.
Section 11 requires the President’s salary to comply with the Revised Compensation and Position Classification System as modified by Joint Resolution No. 4 dated June 17, 2009 and other pertinent budget/compensation laws, and to be comparable to salaries of Presidents of similar educational institutions.
Section 11 requires the President to be assisted by Vice President(s), appointed by the Board upon the President’s recommendation.
Section 12 requires the Board to appoint a Secretary serving for both the Board and the University to keep records and proceedings of the Board and serve notices of Board meetings to members.
Section 13 provides the Treasurer of the Philippines as ex officio Treasurer of the University.
Section 14 establishes an Administrative Council chaired by the President and composed of vice presidents, deans, directors and other officials of equal rank to review and recommend to the Board policies governing administration, management and development plans.
Section 15 establishes an Academic Council chaired by the President and composed of all academic staff with rank of at least an assistant professor.
Section 15 authorizes the Academic Council to review and recommend curricular offerings and rules of discipline subject to Board approval; to fix student admission/graduation requirements and conferment of degrees subject to Board review via the President; and to formulate academic policies/rules on discipline subject to Board approval.
Section 15 grants disciplinary power over University students to the Academic Council.
Section 16 bars inquiry into political belief, gender preference, cultural or community affiliation, ethnic origin, and religious opinion/affiliation in appointment of faculty, subject to Board guidelines/qualifications/standards.
Section 16 prohibits faculty from teaching for or against any particular church or religious sect.
Section 17 requires the University to provide scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 17 prohibits denial of admission by reason of gender, religion, cultural or community affiliation, or ethnic origin.

Student development support and personnel detail

Section 18 authorizes heads of national government bureaus and offices, upon the President’s request, to loan or transfer apparatus, equipment or supplies needed by the University and to detail employees for duty therein when the bureau/office head determines services can be spared without serious detriment to public service.
Section 18 requires detailed employees to perform duties required by the President, and counts the time employed as part of their regular services.
Section 18 authorizes municipalities, cities and the Province of Misamis Occidental, or other nearby LGUs in the province, to appropriate funds to support University infrastructure, scholarship programs, facilities, laboratories, and research activities.

Asset transfer, tenure protection, and land disposition

Section 19 transfers all assets (real and personal), personnel, records of NMSCST and transfers liabilities/obligations to the University.
Section 19 requires respect for positions, rights and security of tenure of faculty and personnel employed under existing laws prior to conversion.
Section 19 transfers government parcels of land occupied by NMSCST, including extension campuses, to the University.
Section 19 requires titling of transferred parcels under the University’s name.
Section 19 requires reversion to concerned LGUs if the University ceases to exist or is abolished, or if such parcels are no longer needed by the University.

Tuition-related finance and special funds

Section 7(e) treats tuition fees and other necessary school charges (including government subsidies and other income generated by the University) as a special trust fund for deposit and administration as required.
Section 7(e) authorizes retention and disbursement of income from tuition and charges and from auxiliary services and land grants for instruction, research, extension or other University programs/projects, subject to the rules on fiduciary fees.

Tax exemptions for imports and donations

Section 20 exempts importation by the University of economic, technical and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical or cultural purposes, upon certification by CHED and TESDA, from customs duties in accordance with Republic Act No. 10863 (“Customs Modernization and Tariff Act (CMTA)”).
Section 20 exempts grants, bequests, endowments, donations and contributions made to the University for actual, direct and exclusive use by the University from donor’s tax.
Section 20 provides that such exempt donations are allowable deductions from the donor’s gross income for computing taxable income under the National Internal Revenue Code of 1997, as amended.

Appropriations and transition planning duties

Section 21 charges amounts necessary to carry out the Act against the current-year appropriations of NMSCST.
Section 21 requires subsequent inclusion of sums necessary for continued operation and maintenance of UNM in the annual General Appropriations Act.
Section 22 requires the University to accomplish actions within one hundred twenty (120) days after approval of the Act, namely:
- (a) submit a five (5)-year development plan including corresponding program budget to CHED for recommendation to DBM;
- (b) undergo a management audit in cooperation with CHED;
- (c) set up organizational, administrative, and academic structure, including appointment of key officials.

Development reporting to government and CHED timelines

Section 23 requires the Board, on or before the fifteenth day of the second month after the opening of the regular classes each year, to file with the Office of the President of the Philippines through the CHED Chairperson and with both Houses of Congress a detailed report on progress, conditions and needs of the University.

CHED compliance before conversion effectiveness

Section 26 states that conversion effectiveness is conditioned on CHED’s determination and declaration based on a panel of experts that the institution has complied with university status requirements under CHED Memorandum Order No. 46, series of 2012 (Policy Standards to Enhance Quality Assurance (QA) in Philippine Higher Education, through the Outcomes-Based and Typology-Based QA).
Section 26 authorizes the panel to issue recommendation when the institution has substantially complied with requirements for granting university status.
Section 26 enumerates operational requirements that must be complied with:
- (a) faculty must possess relevant degrees in their specialization and must have participated in research and development activities evidenced by refereed publications and other scholarly outputs;
- (b) a comprehensive range of degree programs from basic post-secondary to doctoral programs;
- (c) viable research programs in specific (disciplininal and multidisciplinary) areas producing new knowledge evidenced by refereed publications, citations, inventions, and patents among others;
- (d) comprehensive learning resources and support structures including libraries, practicum laboratories, relevant educational resources and linkages to disciplinal and professional sectors;
- (e) active and ongoing linkages and affiliation with other research institutions in various parts of the world to ensure research functioning at current global standards;
- (f) outreach activities enabling students, faculty and research staff to apply new knowledge to address specific social development problems broadly defined.
Section 26 requires that the institution retains its status prior to the Act’s effectivity until it complies with these requirements.

Implementing rules, parity, and education charter

Section 24 makes Republic Act No. 8292 (“Higher Education Modernization Act of 1997”) an integral part of the Act and part of the University’s governing charter.
Section 25 provides a parity clause that all other powers, functions, privileges, responsibilities and limitations to state universities and their officials under existing laws are deemed granted to or imposed upon the University and its officials whenever appropriate.
Section 27 requires that within sixty (60) days from the Act’s effectivity, the Board in consultation with CHED formulate implementing rules and regulations to fully implement the Act.

Annual board governance and institutional autonomy protections

Section 3 grants academic freedom and institutional autonomy as constitutionally anchored.
Section 7 authorizes broad governance powers through Board policies, fee-setting with trust fund rules, contracts, admissions/graduation policies, curricular and discipline framework approvals, and establishment of centers, chairs, scholarships and academic modes.

Separability and repeal

Section 28 provides that 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.
Section 29 repeals or modifies all laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act.

Effectivity and publication rule

Section 30 provides that the Act takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.