Establishing Surigao del Norte State University

General mandate and autonomy

Section 2 requires SNSU to primarily provide advanced education, higher technological, professional instruction and training in fields including agriculture and environmental studies, fishery, engineering, forestry, industrial technology, education, law, medicine and other health-related programs, information technology, arts and sciences, and other related courses.
Section 2 mandates SNSU to undertake research and extension services and provide progressive leadership in its areas of specialization.
Section 3 grants SNSU academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the 1987 Constitution of the Republic of the Philippines.

Curricular offerings and school transfers

Section 4 directs SNSU to offer undergraduate and graduate courses within its areas of specialization, including the fields enumerated in Section 2, and other areas as the Board of Regents may deem necessary to meet the needs of the Province of Surigao del Norte and neighboring provinces.
Section 4 requires that existing high schools be transferred to the jurisdiction and supervision of the Department of Education (DepED).
Section 4 allows existing high schools to remain and operate within the University campus until enrolled students complete their high school education.
Section 4 authorizes SNSU to operate a reasonably-sized laboratory school under its College of Education.

Corporate administration and Board composition

Section 5 provides that SNSU has the general powers of a corporation under Batas Pambansa Blg. 68, as amended (Corporation Code of the Philippines).
Section 5 vests administration and corporate powers exclusively in the Board of Regents and the President of the University.
Section 6 establishes the Board of Regents as SNSU’s governing board.
Section 6 provides Board membership includes:
- Chairperson: Chairperson of CHED;
- President of the University (Vice Chairperson);
- Chairperson of the Senate Committee on Education, Arts and Culture;
- Chairperson of the House Committee on Higher and Technical Education;
- Regional Director of NEDA;
- Regional Director of DOST;
- Regional Director of DA;
- President of the federation of faculty associations of the University;
- President of the federation of student councils of the University;
- President of the federation of alumni associations of the University;
- Three (3) prominent citizens from the private sector with distinguished professional or specialization credentials in fields relevant to the University.
Section 6 directs the Board to appoint the three (3) prominent citizens from a list of at least five (5) qualified persons in Surigao del Norte, based on recommendations of a search committee constituted by the University President, in consultation with the Chairperson of CHED and other Board members.
Section 6 sets the term of the three prominent citizens at two (2) years from the date of appointment.
Section 6 sets faculty/student/alumni federation presidents’ terms to be coterminous with their respective constitutional/by-law terms.
Section 8 provides Board meeting rules and payment limits: Board members receive no salary, but are entitled to reimbursements for actual and necessary expenses authorized by Board resolution.

Board powers, fees, funds, and staffing

Section 7 empowers the Board to promulgate and implement policies aligned with state policies and constitutional education, agriculture, science and technology priorities, and with CHED policies under Republic Act No. 7722 (Higher Education Act of 1994).
Section 7 authorizes the Board to issue rules and regulations not contrary to law to carry out the University purposes.
Section 7 empowers the Board to receive and appropriate all sums provided for the University’s support.
Section 7 authorizes the Board to import economic, technical and cultural books and/or publications.
Section 7 allows the Board to receive in trust legacies, gifts and donations of real and personal properties of all kinds and administer/dispose them for the University’s benefit, subject to donor limitations, directions, and instructions when any.
Section 7 grants the Board authority to fix tuition fees and other school charges, including matriculation fees, graduation fees, and laboratory fees, after due consultations with involved sectors.
Section 7 provides that tuition/charge funds, including government subsidies and other University income, are special trust funds deposited in any authorized government depository bank, and the interest earned forms part of the same funds.
Section 7 provides that income generated by the University from tuition fees and other charges, and from auxiliary services and land grants, shall be retained by the University and may be disbursed for instruction, research, extension, or other University programs/projects.
Section 7 requires fiduciary fees be disbursed for the specific purposes for which collected.
Section 7 authorizes fund reallocation if the University cannot pursue an appropriated project due to reasons beyond its control: the Board may authorize use of those funds for a reasonable purpose that is necessary and urgent for attainment of University objectives.
Section 7 requires the Board to adopt and implement a socialized scheme of tuition and school fees for access by poor but deserving students.
Section 7 authorizes construction/repair of buildings, machinery, equipment, facilities, and purchase/acquisition of real property and related supplies/materials/equipment.
Section 7 authorizes staffing actions:
- appointment of vice presidents, deans, directors, heads of campuses, faculty, and other officials and employees upon President recommendation;
- fixing/adjusting salaries subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws, and granting leaves of absence under rules promulgated by the Board;
- removal for cause in accordance with due process of law.
Section 7 requires Board approval for:
- curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils;
- policies on student admission and graduation.
Section 7 authorizes the Board to award honorary degrees and authorize certificates of completion of nondegree and nontraditional courses.
Section 7 authorizes the Board to establish and absorb nonchartered tertiary institutions in Surigao del Norte as branches/centers in coordination with the CRED, and in consultation with the DBM, to offer programs/courses for equal access.
Section 7 authorizes research and extension centers; establishment of professorial chairs; fellowships and scholarships.
Section 7 authorizes delegation of Board powers/duties to the President and/or other officials to expedite administration.
Section 7 authorizes an external management audit financed by CHED, subject to COA rules, and mandates reforms based on audit results and recommendations.
Section 7 authorizes collaboration with other governing boards within Surigao del Norte or Region XIII (CARAGA Region) under CHED supervision and DBM consultation to restructure the University for efficiency, relevance, productivity, and competitiveness.
Section 7 authorizes joint ventures with business and industry for profitable development/management of University economic assets, with proceeds used for University development and strengthening.
Section 7 authorizes consortia and linkage forms with LGUs, institutions, agencies, and both public/private and local/foreign entities for University purposes.
Section 7 authorizes academic capability-building arrangements with appropriate institutions and agencies, including appointment of experts/specialists as consultants, part-time/visiting/exchange professors, scholars, or researchers.
Section 7 authorizes adoption of modern/innovative knowledge transmission modes such as information technology, dual learning system, open or distance education, and community laboratory.
Section 7 authorizes participative decision-making and transparency policy guidelines/procedures.
Section 7 authorizes privatization, where most advantageous, of management of nonacademic services such as health, food, building/grounds or property maintenance, and similar activities.
Section 7 allows extension of the President’s term beyond retirement age but not beyond seventy (70), only for a President with unanimously rated outstanding performance, based on guidelines/qualifications/standards set by the Board, and after unanimous recommendation by the search committee.

Board meetings and officer roles

Section 8 requires the Board to convene once every three (3) months.
Section 8 allows special meetings: the Chairperson may call up to two (2) special meetings within the same period with three (3) days’ prior written notice.
Section 8 sets quorum as majority of all members holding office at the time of the meeting, including the Chairperson of the Board or the President of the University.
Section 8 provides that if the Chairperson of the Board or the President is absent, the Chairperson of CHED designates a CHED Commissioner to act as representative with all rights and responsibilities of a regular member.
Section 8 provides the President (as Vice Chairperson) presides during meetings when present.
Section 8 authorizes the CHED Chairperson to designate a CHED Commissioner as the regular Chair of the Board; in that case, the CHED Commissioner acts as presiding officer.
Section 8 allows Senate and House Education Committee Chairpersons to designate representatives if they cannot attend, with those representatives having the same rights and responsibilities as regular members.
Section 9 provides the University is headed by a President rendering full-time service and appointed by the Board upon recommendation of a duly constituted search committee under Board-set guidelines/qualifications/standards.
Section 9 sets the President’s term at four (4) years and allows reappointment for another term.
Section 9 establishes transition: the incumbent President of the SSCT serves as Officer-in-Charge pending appointment of the first University President.
Section 9 requires the Board to constitute the Search Committee for the Presidency (SCP) within six (6) months from approval of the Act.
Section 9 requires the Board to designate an Officer-in-Charge within six (6) months from vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity; the Officer-in-Charge serves only the unexpired portion of the term.
Section 9 provides the President’s duties include those usually pertaining to the President’s office plus Board-delegated powers and duties.
Section 9 requires the President’s salary to follow the Revised Compensation and Position Classification System and other pertinent budget and compensation laws and be comparable to Presidents of similar 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 President recommendation.
Section 10 provides that Campus Directors head campuses on full-time service, appointed by the Board upon recommendation of the search committee and University President, under Board guidelines/qualifications/standards.
Section 10 provides transition for incumbents: incumbent College Administrators of extension campuses serve as campus directors of their respective campuses.
Section 11 requires the Board to appoint a Secretary who serves both the Board and the University, keeps Board records/proceedings, and notifies Board members of meetings.
Section 12 makes the Treasurer of the Philippines the ex officio Treasurer of the University.

Councils, faculty rights, and admissions

Section 13 creates an Administrative Council chaired by the University President, with Vice Presidents, deans, directors, and other officials of equal rank; it must review and recommend to the Board policies on administration, management, and development planning.
Section 14 creates an Academic Council chaired by the University President and composed of all academic staff with rank of at least assistant professor.
Section 14 empowers the Academic Council to review and recommend curricular offerings and rules of discipline for Board approval; it also fixes requirements for admissions and graduation/conferment of degrees subject to Board review through the President.
Section 14 grants the Academic Council disciplinary power over students and authority to formulate academic discipline policies/rules subject to Board approval.
Section 15 prohibits inquiries in faculty appointment into political beliefs, gender preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation.
Section 15 requires faculty appointment to be subject to Board-set guidelines, qualifications, and standards.
Section 15 prohibits any faculty member from teaching for or against any particular church or religious sect.
Section 16 requires the University to provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 16 prohibits denying admission by reason of sex, religion, cultural or community affiliation, or ethnic origin.

Assets, transfers, and exemptions

Section 17 authorizes heads of national government bureaus and offices to loan or transfer needed apparatus, equipment, or supplies to the University upon request of the University President, and to detail employees when the head judges the resources can be spared without serious detriment to public service.
Section 17 provides that detailed employees perform duties required by the President and that the time employed counts as part of their regular services.
Section 18 transfers to the University all assets, real and personal, personnel, records, and liabilities/obligations of SSCT, SNCST, and SNCAT.
Section 18 requires respect for existing laws regarding positions, rights, and security of tenure of faculty members and personnel under prior employment arrangements before conversion.
Section 18 declares parcels of land belonging to the government occupied by SSCT, SNCST, and SNCAT to be property of the University and requires they be titled under the SNSU.
Section 18 provides reversion if SNSU ceases to exist, is abolished, or if the land is no longer needed by the University: the parcels revert to the national government.
Section 19 exempts the importation of economic, technical and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical or cultural purposes made by the University (upon CRED certification) from customs duties under the Tariff and Customs Code of the Philippines.
Section 19 exempts donations to the University from the donor’s tax and treats them as allowable deductions from gross income for computing the donor’s income tax under the National Internal Revenue Code of 1997.

Appropriations, planning, and reporting

Section 20 charges the amounts necessary to carry out the Act against the current year’s appropriations of SSCT, SNCST, and SNCAT, except sums needed to continue operations of existing high schools.
Section 20 requires that thereafter, sums needed for continued operation and maintenance of the University and its external campuses be included in the annual General Appropriations Act.
Section 21 requires the University, within one hundred twenty (120) days after approval, to:
- submit a five (5)-year development plan including its corresponding program budget to CHED for recommendation to DBM;
- undergo a management audit in cooperation with CHED; and
- set up its organizational, administrative, and academic structure, including appointment of key officials.
Section 22 requires the Board to file a detailed report on progress, conditions, and needs of the University on or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year.
Section 22 requires filing with the Office of the President of the Philippines through the Chairperson of CHED and with both Houses of Congress.

University charter provisions and CHED requirements

Section 23 incorporates Republic Act No. 8292 (Higher Education Modernization Act of 1997) as an integral part of the Act and as part of SNSU’s governing charter.
Section 24 provides a parity clause that other powers, functions, privileges, responsibilities, and limitations under existing laws applicable to state universities and officials are deemed granted to or imposed upon SNSU and its officials when appropriate.
Section 25 makes university establishment/conversion effective only upon determination and declaration by CHED, based on a panel of experts’ recommendation, that the institution complied with requirements for university status.
Section 25 requires CHED, through its regional office, to regularly provide technical assistance and monitor compliance with the requirements.
Section 25 requires CHED to designate a panel of experts to recommend to the CHED Chairperson whether the institution substantially complied.
Section 25 sets operational requirements for university status as:
- Level III accreditation or equivalent under CHED policies for at least four (4) undergraduate programs, including one (1) in liberal arts, one (1) in the sciences, and two (2) graduate programs;
- a ratio of qualified full-time faculty with requisite degrees to number of students;
- adequate library and laboratories;
- research and development output with practical and commercial application to the community;
- relevant linkages and outreach programs of service to the community; and
- relevant academic policies, systems and processes.
Section 25 provides that the institution retains its prior status until effectivity of this Act unless it complies within a period not exceeding January 1, 2016.

Implementing rules and final legal effects

Section 26 requires the Board, in consultation with CHED, to formulate rules and regulations to fully implement the Act.
Section 27 provides separability: if any part or provision is declared invalid or unconstitutional, remaining parts not affected remain in full force and effect.
Section 28 provides repealing/modifying effect: laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
Section 29 provides effectivity: Republic Act No. 10600 takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation.