Section 1. Integration/Establishment. -
There is hereby established a state university in the Province of
Southern Leyte to be known as the Southern Leyte State University,
hereinafter referred to as the University, by integrating the Southern
Leyte State College of Science and Technology in the Municipality of
Tomas Oppus, both located in the Province of Southern Leyte. The main
campus of the University shall be in Sogod, Southern Leyte.
Sec. 2. General Mandate. - The University shall primarily provide
advanced education, higher technological, professional instruction and
training in trade, fishery, agriculture, forestry, science, education,
commerce, engineering and related courses. It shall also undertake
research and extension services, and provided progressive leadership in
its areas of specialization.
Sec. 3. Curricular Offerings. - The University shall offer
undergraduate, graduate and short-term technical 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 Southern Leyte and the Region.
The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education: Provided, That the high
school shall be allowed to remain and operate within the campus of the
University until the existing students shall have completed their high
school education: Provided, further, That the University may operate a
reasonably-sized laboratory school if it has a College of Education.
Sec. 4. Administration. - The University shall have the general powers
of a corporation set forth in Batas Pambansa Blg. 68, a amended,
otherwise known as the "Corporation Code of the Philippines." The
administration of the University and the exercise of its corporate
powers shall be vested exclusively in the Board of Regents and the
President of the University insofar as authorized by the Board.
Sec. 5. Governing Board. - The governing body of the University shall
be the Board of Regents, hereinafter referred to as the Board, which
shall be composed of the following:
a.
The Chairperson of the Commission on Higher Education (CHED),
chairperson;
b. The president of the
University, vice chairperson
c. The Chairperson of the
Committee on Education, Arts and Culture of the Senate, member;
d. The Chairperson of the
Committee on Higher and Technical Education of the House of
Representatives, member;
e. The Regional Director of the
National Economic and Development Authority (NEDA), member;
f. The Regional Director of the
Department of Science and Technology (DOST), member;
g. The president of the
federation of faculty associations of the University, member;
h. The president of the
federation of students councils of the University, member;
i. The president of the
federation of alumni associations of the University, member; and
j. Two (2) prominent citizens
who have distinguished themselves in their profession or fields of
specialization of the University, members.
The two (2) prominent citizens
shall be chosen from among a list of at least five (5) persons
qualified in the Province of Southern Leyte, as recommended by the
search committee constituted by the University president, in
consultation with the Chairperson of the CHED, based on the normal
standards and qualifications for the position.
The term of office of the president of the federation of faculty
associations, the president of the federation of students councils, and
the president of the federation of the alumni associations shall be
contemporaneous with their respective terms of office.
The two (2) prominent citizens shall serve for a term of two (2) years.
Sec. 6. Promulgation and Implementation of Policies. - The Board shall
promulgate and implement policies in accordance with the declared State
policies on education and other pertinent provisions of the Philippine
Constitution on education, agriculture, science and technology, as well
as the policies, standards and thrust of the CHED under Republic Act
No. 7722, otherwise known as the "Higher Education Act of 1994."
Sec. 7. Powers and Duties of the Board of Regents. - The Board shall
have the following specific powers and duties in addition to its
general powers of administration and the exercise of all the powers
granted to the board of directors of a corporation under existing laws:
a.
To enact rules and regulations not contrary to law as may be necessary
to carry out the purposes and functions of the University;
b. To receive and appropriate
all sums as may be provided, for the support of the University in the
manner it may determine, in its discretion, to carry out the purpose
and functions of the University;
c. To import duty-free economic,
technical and cultural books and/or publications, upon certification by
the CHED that such imported books and/or publications are for economic,
technical, vocational, scientific, philosophical, historical or
cultural purposes, in accordance with the provisions of the Tariff and
Customs Code, as amended;
d. To receive in trust legacies,
gifts and donations of real and personal properties of all kinds and to
administer and dispose of the same when necessary for the benefit of
the University and subject to the limitations, directions and
instructions of the door, if any;
Such donations shall be exempt
from the door's tax and the same shall be considered as allowable
deductions from the gross income in the computation of the income tax
of the honor, in accordance with the provisions of the National
Internal Revenue Code (NIRC), as amended: Provided, That such donation
shall not be disposed, transferred or sold;
e. To fix the tuition fees and
other necessary school charges such as, but not limited to,
matriculation fees, graduation fees and laboratory fees, as the Board
may deem proper to impose, after due consultations with the involved
sectors;
Such fees and charges, including
government subsidies and other income generated by the University,
shall constitute special trust funds and shall be deposited in any
authorized government depository bank, and all interests that shall
accrue therefrom shall from part of the same funds for the use of the
University;
Any provision of existing laws,
rules and regulations to the contrary notwithstanding, any income
generated by the University from tuition fees and other charges, as
well as from the operation of auxiliary services and land grants, shall
be retained by the University, and may be disbursed by the Board for
instructions, research, extension or other programs/projects of the
University: Provided, That all fiduciary fees shall be disbursed for
the specific purposes for which they are collected;
If, for reasons beyond its
control, the University shall not be able to pursue any projects for
which the funds have been appropriated and allocated under its approved
program of expenditures, the Board may authorize the use of said funds
for any reasonable purpose which, in its discretion, may be necessary
and urgent for the attainment of the objectives and goals of the
University;
f. To adopt and implement a
socialized scheme of tuition and school fees for greater access to poor
but deserving students;
g. To authorize the construction
or repair of its buildings, machinery, equipment and other facilities,
and the purchase and acquisition of real property, including necessary
supplies, materials and equipment;
h. To appoint upon
recommendation of the president of the University, vice presidents,
deans, directors and heads of campuses, faculty members, and other
officials and employees of the University;
i. To fix and adjust salaries of
faculty members and administrative officials and employees subject to
the provisions of the Revised Compensation and Position Classification
System and other pertinent budget and compensation laws governing hours
of service and such other duties and conditions as it may deem proper;
to grant them, at its discretion, leaves of absence under such
regulations as it may promulgate, any provision of existing laws to the
contrary notwithstanding; and to remove them for cause in accordance
with the requirements of due process of law;
j. To approve the curricula,
instructional programs and rules of discipline drawn by the
administrative and academic councils as herein provided;
k. To set policies on admission
and graduation of students;
l. To award honorary degrees
upon persons in recognition of outstanding contribution in the fields
of education, public service, arts, science and technology,
agriculture, or in any field of specialization within the academic
competence of the University; and to authorize the awarding of
certificates of completion of non-degree and nontraditional courses;
m. To establish and absorb
non-chartered tertiary institutions within the Province of Southern
Leyte as branches and centers in coordination with the CHED, and in
consultation with the Department of Budget and Management (DBM), and to
offer therein programs or courses, to promote and carry out equal
access to education opportunities mandated by the Constitution;
n. To established research and
extension centers of the University where such will promote the
development of the latter;
o. To establish chairs in the
University and to provide fellowships for qualified faculty members and
scholarships to deserving students;
p. To delegate any of its powers
and duties provided for hereinabove to the president and/or other
officials of the University as it may be deem appropriate, so as to
expedite the administration of the affairs of the University;
q. To authorize an external
management audit of the institution, to be financed by the CHED,
subject to Commission on Audit (COA) rules and regulations; and to
institute reforms including academic and structural changes, on the
basis of the audit results and recommendations;
r. To collaborate with other
governing boards of the state colleges and universities within the
Province of Southern Leyte or the Region, under the supervision of the
CHED and in consultation with the DBM, and work towards the
restructuring of the University to become more efficient, relevant,
productive and competitive;
s. To enter into joint ventures
with business and industry for the profitable development and
management of the economic assets of the University, the proceeds of
which shall be used for the development and strengthening of the
University;
t. To develop consortia and
other economic forms of linkages with local government units,
institutions and agencies, both public and private, local and foreign,
in the furtherance of the purpose and objectives of the University;
u. To develop academic
arrangements for institution capability building with appropriate
institutions and agencies, public and private, local or foreign, and to
appoint experts/specialists as consultants, part-time or visiting or
exchange professors, scholars or researchers as the case maybe;
v. To set up the adoption of
modern and innovative modes of transmitting knowledge such as the use
of information technology, the dual system, open learning or distance
education, community laboratory, etc. for the promotion of greater
access to education;
w. To establish policy
guidelines and procedures for participative decision-making and
transparency within the University;
x. To privatize, where most
advantageous to the University, management of non-academic services
such as health, food, building or grounds or property maintenance and
such other similar activities; and
y. To extend the term of the
president of the University beyond the age of retirement but not later
than the age of seventy (70), whose performance has been unanimously
rated by the governing board as outstanding, after unanimous
recommendation by the search committee.
Sec. 8. Meetings of the Board. - The Board shall regularly convene at
least once every quarter. However, the Chairperson of the Board may,
upon three (3) days' prior written notice, call a special meeting
whenever necessary.
A quorum of the Board shall consist of majority of all its members
holding office at the time of the meeting: Provided, however, That the
Chairperson of the Board or the president of the University is among
those present in the meeting.
In the absence of the Chairperson of the CHED, a commissioner of the
CHED, duly designated by him/her, shall represent him/her in the
meeting with all the rights and responsibilities of a regular member:
Provided, however, That during this meeting, the president of the
University as vice-chairperson shall be the presiding officer:
Provided, further, That this proviso notwithstanding, the Chairperson
of the CHED is hereby authorized to designate a CHED commissioner as
the regular Chair of the Board of Regents, in which case said CHED
commissioner shall act as the presiding officer.
In the absence of the Chairperson of the Congressional Committees on
Education, they may designate their respective representative who shall
attend the said meetings with all the rights and responsibilities of a
regular member.
The members of the Board shall not receive any salary but shall be
entitled to reimbursements for actual and necessary expenses incurred,
either in their attendance to meetings of the Board or in connection
with other official business authorized by resolution of the Board,
subject to existing laws and regulations.
Sec. 9. The University President. - The University shall be headed by a
president who shall render full time service. He/She shall be appointed
by the Board, upon recommendation of a duly constituted search
committee. He/She shall a term of four (4) years and shall be eligible
for reappointment for another term: Provided, That in order to effect a
smooth transition to a state university, the president of the SLSCST,
if qualified, shall be the first president of the University.
The president shall be assisted by a vice president for academic and
technology affairs and a vice president for administrative affairs who
shall be appointed by the Board upon the recommendation of the
president without prejudice to the appointment of more than two (2)
vice presidents, when so warranted.
In case of vacancy in the office of the president by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of
the president to perform the functions of his office, the Board shall
have the authority to designate an officer-in-charge of the University,
pending the appointment of a new president.
In case of vacancy in the office of the president as mentioned in the
immediately preceding paragraph, his/her successor or the officer in
charge of the University shall hold office for the unexpired term only.
The powers and duties of the president of the University, in addition
to those specifically provided in this Act, shall be those usually
pertaining to the office of the president of similar universities, and
those delegated by the Board.
The salary of the president of the University shall be in accordance
with the Revised Compensation and Position Classification System and
shall be comparable to that being received by the presidents of similar
educational institutions of like standing.
Sec. 10. The Administrative Council. - There shall be an administrative
council consisting of the president of the University as chairperson,
vice presidents, deans, directors and other officials of equals rank as
members, whose duty is to review and recommend to the Board of Regents
policies governing the administration, management and development of
the University.
Sec. 11. Academic Council. - There shall be an academic council with
the president of the University as chairperson and all members of the
academic staff with the rank of not lower than assistant professor as
members.
The academic council shall have the power to review and recommend the
circular offerings and rules of discipline of the University, subject
to the approval of the Board of Regents. It shall fix the requirements
for the admission of students, as well as for their graduation and
conferment of degrees, subject to review and/or approval by the Board
of Regents through the president of the University. It shall have the
disciplinary power over students of the University and shall formulate
academic policies and rules and regulations on discipline, subject to
the approval of the Board of Regents.
Sec. 12. The Secretary of the University. - The Board shall appoint a
secretary, who shall serve as such for both the Board and the
University and shall keep all records and proceedings of the Board.
He/She shall communicate to each member of the Board the notices of
meetings.
Sec. 13. The Treasurer of the University. - The Treasurer of the
Philippines shall be the ex officio treasurer of the University.
Sec. 14. Faculty. - Members of the faculty of the University at the
tertiary level shall be exempt from any civil service examination as a
requisite for appointment, without prejudice to the right of the Board
to impose other professional examination requirements intended to
maintain high academic standards.
No political beliefs, gender preference, cultural or community
affiliation or ethnic origin, religious opinion or affiliation shall be
a matter of inquiry in the appointment of faculty members of the
University. Provided, however, That no member of the faculty shall
teach for or against any particular church or religious sect.
Sec. 15. Scholarship Program/Admission. - The University shall provide
a scholarship program and other affirmative action programs to assist
poor but deserving students who qualify for admission to the University.
No student shall be denied admission to the University by reason of
sex, religion, cultural or community affiliation or ethnic origin.
Sec. 16. Academic Freedom and Institutional Autonomy. - The University
shall enjoy academic freedom and institutional autonomy, pursuant to
paragraph 2, Section 5 Article XIV of the Constitution of the Republic
of the Philippines.
Sec. 17. Filing of Report. - On or before the fifteenth (15th) day of
the second month after the opening of the regular classes each year,
the Board shall file with the Office of the President of the
Philippines through the Chairperson of the CHED, and with both Houses
of Congress a detailed report on the progress, conditions and needs of
the University.
Sec. 18. Authority to Loan or Transfer. - The heads of the bureaus and
offices of the national government are hereby authorized to loan or
transfer, upon the request of the president of the University such
apparatus, equipment or supplies as maybe needed by the University, and
to detail employees for duty therein when, in the judgment of the head
of bureau or office, such apparatus, equipment, supplies or services of
such employees can be spared without serious detriment to the public
service. The employees so detailed shall perform such duties as
required of them by the president of the University, and the time so
employed shall be counted as part of their official services.
Sec. 19. Assets, Liabilities and Personnel. - All assets, real and
personal, personnel and records of the Southern Leyte State College of
Science and Technology and the Tomas Oppus Normal College, as well as
liabilities or obligations, are hereby transferred to the University.
The positions, rights and security of tenure of the personnel therein
employed under existing laws shall be respected.
All parcels of land belonging to the government and occupied by the
Southern Leyte State College of Science and Technology and the Tomas
Oppus Normal College to be property of the Southern Leyte State
University and shall be titled under that name: Provided, That should
the University cease to exist or be abolished or should such parcels of
land aforementioned be no longer needed by the University, the same
shall revert to the Province of Southern Leyte.
Sec. 20. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Southern Leyte State College of Science and
Technology and the Tomas Oppus Normal College except the sums needed to
continue the operations of the existing high school/s. Thereafter, such
sums as may be necessary for the continued operation and maintenance of
the Southern Leyte State University shall be included in the annual
General Appropriations Act.
Sec. 21. Development Plan. Management Audit.
Organizational/Administrative/Academic Structure. - Within the period
of one hundred twenty (120) days after the approval of this Act, the
University shall accomplish the following:
a.
Submit a five (5)-year development plan, including its corresponding
program budget to the CHED, for corresponding recommendation to the DBM;
b. Undergo a management audit in
cooperation with the CHED; and
c. Accordingly set up its
organizational, administrative as well as academic structure, including
the appointment of the University key officials.
Sec. 22. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Sec. 23. Effectively. - This Act shall take effect upon its approval.
(Note: Lapsed into law on March 07,
2004, without the signature of the President,
in accordance with Article VI, Section 27 (1) of the
Constitution)
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