Nueva Vizcaya State University Establishment

Curriculum and campus arrangements

Section 3 authorizes the University to offer graduate, undergraduate and short term technical courses within its areas of specialization, according to its capabilities, and as the Board of Regents deems necessary.
Section 3 requires curricular decisions to particularly meet the needs of the Province of Nueva Vizcaya and the Region.
Section 3 orders that existing high schools be transferred to the jurisdiction of the Department of Education.
Section 3 allows the high schools to remain and operate within the University campus until the existing high school students complete their high school education.
Section 3 allows the University to operate a reasonably-sized laboratory school to serve as feeders to college courses for campuses offering teacher education curriculum.

Corporate powers and governance structure

Section 4 grants the University the general powers of a corporation under the Corporation Law.
Section 4 vests the administration of the University and the exercise of corporate powers exclusively in the Board of Regents and the President of the University, insofar as authorized by the Board.
Section 5 establishes the Board of Regents as the University’s governing board.
Section 5 provides that the Board consists of: the Chairman of CHED (Chairman), the president of the University (Vice Chairman), the Chairman of the Committee on Education, Arts and Culture of the Senate (member), the Chairman of the Committee on Higher and Technical Education of the House of Representatives (member), the Regional Director of NEDA (member), the Regional Director of DOST (member), the president of the federation of faculty associations (member), the president of the federation of student councils (member), the president of the federation of alumni associations (member), and two (2) prominent citizens (members).
Section 5 requires the two (2) prominent citizens to be chosen from among a list of at least five (5) persons qualified in the Province of Nueva Vizcaya, as recommended by a search committee constituted by the University president in consultation with the Chairman of CHED, based on normal standards and qualifications.
Section 5 sets the two (2) prominent citizens’ term of office at two (2) years.
Section 5 makes the terms of the federation presidents (faculty, student councils, and alumni associations) contemporaneous with their respective terms.
Section 5 provides that Board members do not receive any salary but are entitled to reimbursements for actual and necessary expenses incurred in meetings or other official business authorized by Board resolution, subject to existing laws and regulations.

Board meetings, officers, councils

Section 8 requires the Board to convene at least once every quarter.
Section 8 authorizes the CHED Chairman to call a special meeting with three (3) days' prior written notice whenever necessary.
Section 8 defines quorum as majority of all members holding office at the time of the meeting, provided that either the chairman of the Board or the president of the University must be present.
Section 8 provides that when the Chairman of CHED is absent, a CHED Commissioner designated by him represents the CHED Chairman in the meeting with all rights and responsibilities of a regular member.
Section 8 provides that during such meeting, the president of the University as vice chairman is the presiding officer; it further authorizes the CHED Chairman to designate a CHED Commissioner as regular Chair of the Board of Regents, in which case that Commissioner acts as presiding officer.
Section 8 allows the Congressional Committees on Education, in the Chairman’s absence, to designate their representatives to attend Board meetings with all rights and responsibilities of a regular member.
Section 9 requires the University to be headed by a president who renders full time service, appointed by the Board upon recommendation of a duly constituted search committee.
Section 9 sets the president’s term at four (4) years and allows eligibility for reappointment for another term.
Section 9 provides that vacancies in the president’s office (death, compulsory retirement, resignation, removal for cause, or incapacity) authorize the Board to designate an officer-in-charge pending appointment of a new president.
Section 9 provides that a successor/officer-in-charge holds office only for the unexpired term.
Section 10 creates an Administrative Council chaired by the president, with vice presidents, deans, directors, and other officials of equal rank as members, tasked to review and recommend policies to the Board.
Section 11 creates an Academic Council chaired by the president, with academic staff members of rank not lower than assistant professor; it reviews and recommends curricular offerings and rules of discipline to the Board, fixes requirements for admission and graduation (subject to Board review/approval through the president), and formulates academic policies and rules on discipline (subject to Board approval).
Section 12 requires the Board to appoint a secretary who serves for both the Board and the University and keeps all records and proceedings; the secretary communicates meeting notices to Board members.
Section 13 makes the Treasurer of the Philippines the ex officio treasurer of the University.

Board powers and operational authorities

Section 6 requires the Board to promulgate and implement policies consistent with declared State policies on education and pertinent constitutional provisions on education, agriculture, science and technology, and the CHED policies, standards and thrusts under Republic Act No. 7722.
Section 7 empowers the Board to enact rules and regulations not contrary to law to carry out the University’s purposes and functions.
Section 7 requires the Board to receive and appropriate all sums provided for University support in the manner it determines.
Section 7 authorizes the Board to import duty-free economic, technical and cultural books and/or publications upon CHED certification that the imported items are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes in accordance with the Tariff and Customs Code, as amended.
Section 7 allows the Board to receive in trust legacies, gifts, and donations of real and personal properties of all kinds and to administer and dispose of them when necessary for the University’s benefit, subject to donor limitations, directions, and instructions.
Section 7 exempts such donations from the donor’s tax and treats them as allowable deductions from gross income for donor income tax computation under the National Internal Revenue Code (NIRC), as amended, while prohibiting disposal, transfer, or sale of the donations.
Section 7 authorizes the Board to fix tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultations with involved sectors.
Section 7 provides that such fees and charges, including government subsidies and other income generated by the University, constitute special trust funds deposited in any authorized government depository bank, with interests accruing to the same funds for University use.
Section 7 requires that fiduciary fees be disbursed only for the specific purposes for which collected.
Section 7 mandates retention by the University of income generated from tuition fees and other charges, and from the operation of auxiliary services and land grants, and it allows disbursement by the Board for instruction, research, extension, or other University programs/projects.
Section 7 authorizes the Board, if it cannot pursue projects for reasons beyond its control, to use appropriated and allocated funds for reasonable, necessary and urgent purposes to attain the University’s objectives and goals.
Section 7 directs the Board to adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students.
Section 7 authorizes the Board to construct or repair buildings, machinery, equipment, and other facilities, and to purchase and acquire real property including necessary supplies, materials and equipment.
Section 7 authorizes the Board to appoint, upon recommendation of the president, vice presidents, deans, directors and heads of campuses, faculty members, and other officials and employees.
Section 7 permits the Board to fix and adjust salaries of faculty members and administrative officials and employees subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws regarding hours of service and other duties and conditions; it authorizes leaves of absence under Board-promulgated regulations and requires removal for cause in accordance with due process of law.
Section 7 requires the Board to approve curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
Section 7 authorizes the Board to set policies on admission and graduation of students.
Section 7 authorizes the Board to award honorary degrees for outstanding contribution in specified fields and to authorize certificates of completion for nondegree and nontraditional courses.
Section 7 authorizes the Board to establish and absorb nonchartered tertiary institutions within the Province of Nueva Vizcaya as branches and centers, in coordination with CHED and in consultation with the Department of Budget and Management (DBM), to offer programs or courses promoting equal access to educational opportunities mandated by the Constitution.
Section 7 authorizes the Board to establish research and extension centers to promote development of the University.
Section 7 authorizes the Board to establish chairs and provide fellowships for qualified faculty members and scholarships to deserving students.
Section 7 authorizes delegation of Board powers and duties to the president or officer-in-charge and/or other officials to expedite administration.
Section 7 authorizes the Board to allow an external management audit financed by CHED, subject to Commission on Audit (COA) rules and regulations, and to institute reforms including academic and structural changes based on audit results and recommendations.
Section 7 authorizes collaboration with other state colleges and universities within the Province of Nueva Vizcaya or the Region under CHED supervision and in consultation with DBM for restructuring to become more efficient, relevant, productive and competitive.
Section 7 authorizes joint ventures with business and industry for profitable development and management of the University’s economic assets, with proceeds used for development and strengthening of the University.
Section 7 authorizes development of consortia and other economic forms of linkages with LGUs, institutions and agencies, public or private, local or foreign, to further the University’s purposes and objectives.
Section 7 authorizes academic arrangements for institution-capability building with appropriate institutions and agencies, public and private, local and foreign, and allows appointment of experts/specialists as consultants part time or visiting, or exchange professors, scholars or researchers.
Section 7 authorizes use of modern and innovative modes of transmitting knowledge such as information technology, the dual system, open learning or distance education, community laboratory, etc., to promote greater access to education.
Section 7 requires establishment of policy guidelines and procedures for participative decision-making and transparency within the University.
Section 7 authorizes privatization where most advantageous to the University of management of nonacademic services such as health, food, building or grounds or property maintenance and similar activities.
Section 7 permits extension of the term of the president beyond retirement age but not later than the age of seventy (70) when unanimously rated outstanding by the governing Board and unanimously recommended by the search committee.

Student, faculty, and autonomy protections

Section 14 prohibits religious opinion or affiliation from being a matter of inquiry in appointment of faculty members.
Section 14 prohibits faculty members from teaching for or against any particular church or religious sect.
Section 15 requires the University to provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 15 prohibits denial of admission for reason of sex, religion, cultural or community affiliation, or ethnic origin.
Section 16 grants the University academic freedom and institutional autonomy pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

Reporting, assets, funding, and transition

Section 17 requires the Board to file with the Office of the President of the Philippines through the Chairman of CHED, and to both Houses of Congress, a detailed report on progress, conditions and needs of the University on or before the fifteenth (15th) day of the second month after the opening of regular classes each year.
Section 18 authorizes heads of national government bureaus and offices, upon request of the University president, to loan or transfer apparatus, equipment or supplies needed by the University and to detail employees for duty when such items/services can be spared without serious detriment to public service.
Section 18 provides that detailed employees perform duties required by the president and that the time employed counts as part of their regular services.
Section 19 transfers to the University all assets, fixed and movable, personnel and records of the Nueva Vizcaya State Institute of Technology and the Nueva Vizcaya State Polytechnic College, and their liabilities/obligations.
Section 19 preserves positions, rights and security of tenure of faculty members and personnel employed under existing laws prior to absorption by the University.
Section 19 declares that all parcels of land belonging to the government and occupied by the two predecessor institutions are property of the University and must be titled under the University’s name.
Section 19 mandates that if the University ceases to exist or is abolished, or if the parcels of land are no longer needed by the University, the land reverts to the Province of Nueva Vizcaya.
Section 20 charges the amount necessary to carry out the Act against the current year's appropriations of the two predecessor institutions, except sums needed to continue operations of the existing high school/s.
Section 20 requires that thereafter, sums needed for continued operation and maintenance of the University be included in the annual General Appropriations Act.
Section 21 requires completion within one hundred twenty (120) days after approval of the Act of: (1) submission to CHED of a five (5)-year development plan including corresponding program budget for CHED recommendation to DBM; (2) a management audit in cooperation with CHED; (3) setting up organizational, administrative, and academic structure including appointment of key officials; and (4) establishing at least four (4) separate degree-granting units, including one in arts and sciences and another at the graduate level.
Section 22 provides that Republic Act No. 8292 (the “Higher Education Modernization Act of 1997”) forms part of this Act and serves as the governing charter of the University.
Section 23 deems all other powers, functions, privileges, responsibilities, limitations of state colleges/universities and/or their officials under existing laws as granted to or imposed upon the University and/or its officials whenever appropriate.
Section 24 directs that the Chairman of CHED appoint an officer-in-charge pending appointment of the University president.
Section 24 requires the Board to issue standards for accreditation of federations of faculty associations, student councils, and alumni associations, and to promulgate guidelines for selection of the first two (2) prominent citizens who become Board members.
Section 24 provides that the Board initially consists of the first six (6) members identified in Section 5; if the president has not yet been appointed, the officer-in-charge serves as acting vice chairman of the Board.

Effectivity, repeal, and charter linkage

Effectivity (Section 26) states that the Act takes effect upon its approval.
The Act is Republic Act No. 9272, titled “AN ACT ESTABLISHING THE NUEVA VIZCAYA STATE UNIVERSITY IN THE PROVINCE OF NUEVA VIZCAYA BY INTEGRATING THE NUEVA VIZCAYA STATE INSTITUTE OF TECHNOLOGY IN THE MUNICIPALITY OF BAYOMBONG AND THE NUEVA VIZCAYA STATE POLYTECHNIC COLLEGE IN THE MUNICIPALITY OF BAMBANG, BOTH LOCATED IN THE PROVINCE OF NUEVA VIZCAYA, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.”
The Act is dated March 20, 2004.
The Act states it lapsed into law on MAR 20 2004, Without the signature of the President, consistent with Article VI, Section 27(1) of the Constitution.
Section 25 repeals or modifies all laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act.