Conversion of Antique Polytechnic to State University

Coverage and conversion of institutions

The Polytechnic State College of Antique (PSCA) in Sibalom, Province of Antique, including the PSCA Hamtic Campus (Municipality of Hamtic) and the PSCA Tario Lim Ruiz Campus (Municipality of Tibiao), is converted into a state university called the University of Antique (Section 1).
The University is treated as the successor institution for the converted PSCA’s assets and obligations (Section 19).
The main campus is in Sibalom, Antique (Section 1).
The Act provides for the continued operation and supervision transition of the existing high school/s within the University campus (Section 3).

Purpose, educational mandate, and leadership

The University must primarily provide advanced education, higher technological and professional instruction and training in specified fields, including: education, agriculture, forestry, fishery, maritime education, ecology, engineering, philosophy, information and communications technology, letters, arts and sciences, nursing, medicine, and other relevant fields (Section 2).
The University must undertake research and extension services supporting the socioeconomic development of Antique and must provide progressive leadership in its areas of specialization (Section 2).
The University must offer undergraduate and graduate studies in the listed fields and other degree courses within its areas of specialization and according to its capabilities, as determined by the Board of Regents (Section 3).

CHED approval and curricular offering limits

No degree program may be offered without Commission on Higher Education (CHED) approval before approval by the Board of Regents (Section 3).
The existing high school/s are transferred to the Department of Education (DepED) jurisdiction and supervision (Section 3).
Existing enrolled high school students are allowed to remain and operate within the University campus until they complete high school (Section 3).
The University may operate a reasonably-sized laboratory school if it has a College of Education (Section 3).

Governance structure and board composition

The University has the general powers of a corporation under Batas Pambansa Blg. 68, the Corporation Code of the Philippines, as administered through its university governance (Section 4).
Administration and corporate powers are vested exclusively in the Board of Regents and the President of the University (Section 4).
The governing board is the Board of Regents (Section 5).
The Board composition includes:
- The Chairperson of the CHED as Chairperson.
- The President of the University as Vice Chairperson.
- The Chairperson of the Committee on Education, Arts and Culture of the Senate.
- The Chairperson of the Committee on Higher and Technical Education of the House of Representatives.
- The Regional Director of NEDA.
- The Regional Director of DOST.
- The President of the federation of faculty associations of the University.
- The President of the federation of student councils of the University.
- The President of the federation of alumni associations of the University.
- Two (2) prominent citizens from the private sector (Section 5).
The Board must appoint the two (2) prominent citizens from a list of at least five (5) qualified persons in Antique, based on recommendations by a search committee constituted by the University President, in consultation with the CHED Chairperson and other Board members (Section 5).
The terms of student/faculty/alumni federation presidents are coterminous with their respective constitution and by-laws (Section 5).
The two (2) prominent citizens serve for a term of two (2) years from the date of appointment (Section 5).

Board, meetings, and governing authority

The Board must promulgate and implement policies aligned with the Constitution’s education, agriculture, science and technology directives and CHED policies under Republic Act No. 7722, the Higher Education Act of 1994 (Section 6).
The Board’s specific powers and duties include:
- Promulgating rules and regulations necessary to carry out University purposes, not contrary to law (Section 7).
- Receiving and appropriating sums provided for the University’s support as it determines in its discretion (Section 7).
- Importing duty-free economic, technical and cultural books and/or publications upon CHED certification and for specified purposes under the Tariff and Customs Code of the Philippines, as amended (Section 7).
- Receiving in trust legacies, gifts, and donations of real and personal properties for the University’s benefit, subject to donor limitations/instructions (Section 7).
- Treating such donations as exempt from the donor’s tax and as allowable deductions from gross income under the National Internal Revenue Code (NIRC) of 1997, as amended—and requiring that donated property not be disposed of, transferred, or sold (Section 7).
- Fixing tuition fees and other school charges (including matriculation, graduation, and laboratory fees) after due consultations with involved sectors (Section 7).
- Ensuring tuition/charges, government subsidies, and other income generated are special trust funds deposited in any authorized government depository bank, with interests accruing to the same funds (Section 7).
- Retaining University income from tuition and other charges and from operation of auxiliary services and land grants; disbursing it for instruction, research, extension or other University programs/projects, while requiring fiduciary fees be disbursed only for their specific collection purpose (Section 7).
- Authorizing, when projects cannot be pursued for reasons beyond control, the use of appropriated and allocated funds for any reasonable, necessary and urgent purpose to attain University objectives and goals (Section 7).
- Adopting a socialized scheme of tuition and other school fees for access by poor but deserving students (Section 7).
- Authorizing construction/repair of buildings and facilities and purchase/acquisition of real and personal properties and necessary supplies/equipment (Section 7).
- Appointing officials and employees upon recommendation of the President, including vice presidents, deans, directors, heads of departments, faculty members, and other officials and employees (Section 7).
- Fixing and adjusting salaries subject to the Revised Compensation and Position Classification System and other relevant budget and compensation laws; granting leaves of absence under Board regulations; removing employees for cause with due process (Section 7).
- Approving curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils (Section 7).
- Setting admission and graduation policies (Section 7).
- Awarding honorary degrees and authorizing certificates of completion for nondegree and nontraditional courses (Section 7).
- Establishing and absorbing nonchartered tertiary institutions in Antique as branches and extension centers in coordination with CHED and in consultation with DBM (Section 7).
- Establishing research and extension centers promoting development (Section 7).
- Establishing professorial chairs, and providing fellowships for qualified faculty and scholarships to deserving students (Section 7).
- Delegating any powers and duties to the President or Officer-in-Charge and/or other officials to expedite University administration (Section 7).
- Authorizing an external management audit financed by CHED, subject to COA rules, and instituting reforms based on audit results and recommendations (Section 7).
- Collaborating with governing boards of state universities/colleges within Antique or Region VI under CHED supervision and in consultation with DBM, for restructuring toward efficiency, relevance, productivity, and competitiveness (Section 7).
- Entering into joint ventures with business and industry for profitable development and management of economic assets, with proceeds used for University development and strengthening (Section 7).
- Developing consortia/linkages with LGUs and public/private institutions and agencies local and foreign to further University purposes (Section 7).
- Developing academic arrangements for institutional capability building with local and foreign institutions and agencies and appointing experts/specialists as consultants or visiting/exchange professors/scholars/researchers (Section 7).
- Setting up modern and innovative modes of transmitting knowledge (including information technology, dual learning system, open or distance education, and community laboratory) to promote access to higher education and graduate studies (Section 7).
- Setting policy guidelines and procedures for participative decision-making and transparency (Section 7).
- Privatizing, where advantageous, management of nonacademic services such as health, food, maintenance of buildings/grounds/property, and similar activities (Section 7).
- Extending the term of the President beyond retirement age not beyond seventy (70) upon unanimous Board rating as outstanding based on Board guidelines/qualifications and after unanimous recommendation by the search committee (Section 7).
The Board meets at least once every quarter (Section 8).
The Chairperson of the Board may call up to two (2) special meetings with three (3) days’ prior written notice (Section 8).
Quorum requires a majority of all Board members holding office at the time of the meeting, with the Chairperson or the President present (Section 8).
When the CHED Chairperson is absent, a designated CHED Commissioner represents with full rights and responsibilities as regular member (Section 8).
During that absence meeting, the President (Vice Chairperson) presides, unless the CHED Chairperson designates a Commissioner as regular Chair, in which case the Commissioner presides (Section 8).
Congressional committee Chairpersons may designate representatives if they cannot attend; designated representatives have the same rights and responsibilities as regular members (Section 8).
Board members receive no salary and are entitled only to reimbursement of actual and necessary expenses incurred in meeting attendance or authorized official business consistent with existing laws (Section 8).

University President, campus heads, councils

The University is headed by a President rendering full-time service; the Board appoints the President upon recommendation of a duly constituted search committee (Section 9).
The President’s term is four (4) years and is eligible for reappointment for another term (Section 9).
The incumbent PSCA President, if qualified, serves as the first President of the University to ensure smooth transition (Section 9).
Within six (6) months before the incumbent President’s term expires, the Board constitutes the Search Committee for the Presidency (SCP) (Section 9).
If the Office of the President becomes vacant due to death, compulsory retirement, resignation, removal for cause, or incapacity, the Board designates an Officer-in-Charge within six (6) months from the vacancy date pending appointment of a new President (Section 9).
The successor (or Officer-in-Charge) serves only the unexpired portion of the term when vacancy occurs under the cited causes (Section 9).
The President’s powers and duties include those usually pertaining to presidents of similar universities and those delegated by the Board (Section 9).
The President’s salary must follow the Revised Compensation and Position Classification System and be comparable to presidents of similar educational institutions (Section 9).
The President is assisted by Vice Presidents appointed by the Board upon recommendation of the President (Section 9).
Each University campus is headed by a Campus Director, rendering full-time service; the Board appoints them upon recommendation of the search committee and the President under Board guidelines (Section 10).
Incumbent college administrators of the extension campuses serve as Campus Directors of their respective campuses (Section 10).
The Administrative Council consists of the President (Chairperson), Vice Presidents, deans, directors, and other officials of equal rank; it reviews and recommends policies on administration, management, and development planning to the Board (Section 11).
The Academic Council consists of the President as Chairperson and all academic staff with at least the rank of assistant professor; it reviews and recommends curricular offerings and rules of discipline subject to Board approval (Section 12).
The Academic Council fixes admission and graduation requirements and conferral of degrees, subject to Board review/approval through the President, and formulates academic disciplinary policies and rules subject to Board approval (Section 12).

Secretary, treasury, faculty and student protections

The Board appoints a Secretary who serves both the Board and the University; the Secretary keeps all records and proceedings and gives notice of Board meetings to each member (Section 13).
The Treasurer of the Philippines is the ex officio treasurer of the University (Section 14).
Faculty appointment must not inquire into political beliefs, gender preference, cultural/community affiliation, ethnic origin, or religious opinion/affiliation (Section 15).
Faculty appointments are subject to the Board’s guidelines, qualifications, and standards (Section 15).
No faculty member may teach for or against any particular church or religious sect (Section 15).
The University must provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission (Section 16).
Admission must not be denied because of sex, religion, cultural or community affiliation, or ethnic origin (Section 16).
The University enjoys academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution (Section 17).

Management support, assets, appropriations, and continuity

National government bureau and office heads may, upon request of the University President, loan or transfer apparatus, equipment, supplies, and detail employees to the University when such can be spared without serious detriment to public service (Section 18).
Detailed employees perform duties required by the President, and the time employed counts as part of their regular service (Section 18).
All assets, real and personal; personnel and records of the PSCA; and liabilities/obligations are transferred to the University (Section 19).
The positions, rights, and security of tenure of faculty and personnel employed under existing laws before conversion are respected (Section 19).
Government parcels of land occupied by the PSCA are declared property of the University and must be titled under the University’s name (Section 19).
If the University ceases to exist or is abolished, or if the land is no longer needed by the University, the parcels revert to the concerned LGUs (Section 19).
Appropriations for implementing this Act must be charged against the current year’s appropriations of PSCA, except sums needed to continue existing high school/s operations (Section 20).
After that initial period, the amounts necessary for continued University operation and maintenance are included in the annual General Appropriations Act (Section 20).

Development plan, CHED evaluation, and reporting

Within one hundred twenty (120) days after Act approval, the University must:
- Submit a five (5)-year development plan, including its corresponding program budget to CHED for recommendation to DBM (Section 21).
- Undergo a management audit in cooperation with CHED (Section 21).
- Set up its organizational, administrative, and academic structure, including appointment of key officials (Section 21).
CHED must conduct regular monitoring and evaluation of continuing compliance with requirements for University status (Section 22).
If CHED finds noncompliance, it submits the appropriate recommendation for revocation of University status to the Senate Committee on Education, Arts and Culture and the House Committee on Higher and Technical Education (Section 22).
The Board must file, on or before the fifteenth (15th) day of the second (2nd) month after opening of regular classes each year, a detailed report on progress, conditions, and needs:
- with the Office of the President through the Chairperson of CHED, and
- with both Houses of Congress (Section 23).

Charter provisions, implementation rules, and repeal

Republic Act No. 8292, the Higher Education Modernization Act of 1997, is an integral part of the Act and serves as part of the University’s governing charter (Section 24).
The Act grants or imposes on the University and its officials all powers, functions, privileges, responsibilities, and limitations given to state universities and/or their officials under existing laws whenever appropriate (Section 25).
The Board must formulate, in consultation with CHED, guidelines to fully implement the Act (Section 26).
If any part or provision is declared invalid or unconstitutional, the remaining unaffected parts remain in full force and effect (Section 27).
All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly (Section 28).