Section 1. The Cebu State College, the first state college in
Central Visayas, situated along two main streets of a centrally located
district in Cebu City and servicing thousands of students from the
Mindanao and Visayas islands, is hereby converted into a state
university to be known as the Cebu Normal University (CNU), hereinafter
referred to as the University.
Sec. 2. The University shall primarily provide
higher professional and special instructions for special purposes and
promote research and extension services, advanced studies, and
progressive leadership in education and other fields as may be
relevant.
Sec. 3. The State University shall 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 in
order to meet the needs of the province and the country.
Sec. 4. The University shall continue to operate a
reasonably-sized laboratory school within its campus.
In addition, the University shall adopt public elementary and secondary
schools in the city and the province of Cebu to serve as pilot centers
for innovative teaching learning strategies and approaches so operated
and maintained under the appropriate memorandum of agreement between
the University and the Department of Education, Culture and Sports.
Sec. 5. 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 chairman of the Commission on Higher
Education (CHED), chairman;
(b) The president of the University, vice-chairman;
(c) The chairman of the Committee on Education and
Culture of the Senate, member;
(d) The chairman of the Committee on Education and
Culture of the House of Representatives, member;
(e) The regional director of the National Economic
and Development Authority (NEDA) where the main campus is located,
member;
(f) The president of the federation of faculty
associations of the University, member;
(g) The president of the federation of student
councils of the University, member;
(h) The president of the alumni association of the
University, member; and
(i) Two (2) prominent citizens who have distinguished
themselves in their professions of fields of specialization of the
institution concerned chosen from among a list of at least five (5)
persons qualified in the city or the province where the University is
located, as recommended by the search committee constituted by the
University President, in consultation with the chairman of the CHED,
based on the normal standards and qualifications for the position,
members.
The chairman of the Commission on Higher Education, the president of
the University, the education committee chairmen of the Senate and the
House of Representatives, and the regional director of the National
Economic and Development Authority (NEDA) shall have an ex officio term
of office.
The term of office of the president of the faculty association, the
federation of student councils and the president of the alumni
association, shall be coterminous with their respective terms of office.
The two (2) prominent citizens shall serve for a term of two (2) years.
For the purpose of the provision of this section, the associations of
faculty, alumni, and student councils in each branch of the University
shall organize themselves to form their respective federations which in
turn shall elect their federation officials.
In case of vacancy in the office of the president, the
officer-in-charge of the University designated by the Board shall serve
for the unexpired term only.
Sec. 6. The Board shall promulgate and implement
policies in accordance with the declared policies on education and
other pertinent provisions of the Philippine Constitution on education,
science and technology, arts, culture and sports, as well as the
policies, standards and thrusts of the CHED under Republic Act No. 7722.
Sec. 7. The University shall have the general
powers of a corporation as set forth in the corporation law. 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 State University insofar as authorized by the Board.
Sec. 8. The Board shall have the following
specific powers and duties in addition to the 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, in its
discretion, determine to carry out the purposes and functions of the
University;
(c) To import duty-free, subject to existing laws,
essential commodities, materials and equipment for educational or
technological programs, provided such commodities, materials and
equipment are not available locally at a comparable price;
(d) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds and to administer and
dispose the same when necessary for the benefit of the University and
subject to the limitations, directions and instructions of the donor,
if any. Such donations shall be subject to existing laws on tax
exemptions;
(e) To fix tuition fees and other necessary school
charges, as such 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 form 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 instruction, research, extension, or
other programs/projects of the University: provided, that all fiduciary
fees shall be disbursed for the specific purpose for which they are
collected.
If, for reason beyond its control the University shall not be able to
pursue any projects for which 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 authorize the construction or repair of its
buildings, machinery, equipment, and other facilities and the purchase
and acquisition of real and personal properties including necessary
supplies, materials and equipment;
(g) To appoint, upon the recommendation of the
president of the University, vice-presidents, deans, directors, heads
of departments, faculty members and other officials and employees;
(h) 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 provisions of existing laws to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
(i) To approve the curricula, instructional programs
and rules of discipline drawn by the administrative and academic
councils as hereinafter provided;
(j) To confer degrees upon successful candidates for
graduation; to award honorary degrees upon persons in recognition of
outstanding contribution in the field of education or in any field of
specialization of the University; and to authorize the awarding of
certificates for completion of non-degree and nontraditional courses;
(k) To establish branches within the province of Cebu
if and when it becomes essential and necessary where there is no
existing school offering similar programs or courses to promote and
carry out equal access in educational opportunity as mandated by the
Constitution. The University shall negotiate for the donation of
properties, real or personal, from the municipalities and local
government units for such purpose; and
(l) To establish chairs in the University and to
provide fellowships for qualified faculty members and administrative
staff and scholarships to deserving students.
Sec. 9. The Board of Regents shall convene
regularly at least once every two (2) months. The chairman of the Board
of Regents may, upon three (3) days prior written notices, call a
special meeting whenever necessary.
A quorum of the Board shall consist of a majority of all members
holding office at the time of the meeting: provided, however, that the
chairman of the CHED, who is the chairman of the Board or the president
of the University is among those present in the meeting.
In the absence of the chairman of the CHED, a commissioner of the CHED
duly designated by him, shall represent him in the meeting: provided,
however, that during this meeting, the president of the University as
vice-chairman shall be the presiding officer.
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 pertinent existing laws and regulations.
Section 10. The University shall be headed by a
president who shall render full-time service. He shall be appointed by
the Board upon the recommendation of a duly constituted search
committee. He shall hold office for a term of four (4) years,
extendible only for another four (4) years.
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 successor 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 enrollment and standing.
The incumbent president of the University at the time this Act shall
take effect, whose term may be terminated according to this Act, shall
be entitled to full retirement benefits under existing laws.
Section 11. There shall be an administrative council
of the University consisting of the president of the University, as
chairman; the vice-presidents, deans, directors, and other officials of
equal rank, as members, whose duty shall be to implement policies
governing the administration, management and development planning of
the University, subject to the approval of the Board.
Section 12. There shall be an academic council with
the president of the University as chairman and all the members of the
instructional staff which the rank of not lower than assistant
professors as members.
The academic council shall have the power to prescribe the curricula
and rules of discipline of the University, subject to the approval of
the Board. It shall fix the requirements for the admission to the
University as well as for graduation and the conferring of degrees,
subject to the review of the Board. The council shall likewise have the
power to recommend students to be recipients of degrees. Through the
president of the University or his duly authorized representative, the
council shall have disciplinary power over the students within the
limits prescribed by the rules of discipline as approved by the Board.
Section 13. No 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.
Section 14. No student shall be denied admission to
the University by reason of sex, nationality, religion, or political
affiliation.
Section 15. No member of the faculty of the
University shall attempt directly or indirectly, under penalty of
dismissal by the Board of Regents, to influence students or any person
in the University towards any ideology, political or otherwise, which
agitates the throw of the duly constituted government.
Section 16. The appointment of the officer-in-charge
of the University; pending the appointment of the president by the
Board upon its composition, shall be made by the CHED based on
qualification standards.
Section 17. The Treasurer of the Philippines shall be
the ex officio treasurer of the University and all accounts and
expenses thereof shall be audited by the Commission on Audit or his
duly authorized representative.
Section 18. On or before the fifteenth (15th) day of
the second month after the opening of the regular classes each year,
the Board shall submit to both Houses of Congress and the Commission on
Higher Education, an annual report setting forth the conditions,
progress and needs of the University.
Section 19. All assets, fixed and movable, personnel
and records of the Cebu State College, as well as liabilities or
obligations, are hereby transferred to the Cebu Normal University:
provided, that the positions, rights and security of tenure of
personnel therein employed under existing laws prior to the absorption
by the University are not impaired: provided, further, that the
incumbents of the positions shall remain in the same status until
otherwise provided for by the Board. All parcels of land belonging to
the government occupied by the Cebu State College are hereby declared
the property of the Cebu Normal University and shall be titled under
that name: provided, furthermore, that should the University cease to
exist or be abolished or such parcels of land aforementioned be no
longer needed by the University, the same shall revert to the City of
Cebu.
Sec. 20. The heads of bureaus and offices of the
national government are hereby authorized to loan or transfer, upon
request of the president of the University, such apparatus, equipment
or supplies as may be needed by the University and to detail employees
for duty therein when, in the judgment of the 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 regular services.
Sec. 21. It shall be the continuing policy of the
University to accept the affiliation and/or integration within its
operation of any existing national school whose programs can contribute
largely and effectively to the attainment of its objectives: provided,
however, that, in case of integration, the chairperson of the CHED is
hereby authorized to determine and approve the affiliation and/or
integration of the specific existing national school. In such case, all
funds, properties and other assets, as well as obligations of the
integrated school shall be transferred to the University.
Sec. 22. The provisions of Republic Act No. 8292,
otherwise known as the "Higher Education Modernization Act of 1997,"
shall form as an integral part of this act and together shall serve as
the governing charter of the University.
Sec. 23. The amount necessary for the
implementation of this Act shall be charged against the current year's
appropriations of the Cebu State College, except the sum needed to
continue the operations of the existing high school. Thereafter, such
sums as may be necessary for the continued operation and maintenance of
the Cebu Normal University shall be included in the annual General
Appropriations Act.
Sec. 24. If, for any reason, any part or provision
of this Act is declared invalid or unconstitutional, the remaining
parts or provisions not affected thereby, shall remain in full force
and effect.
Sec. 25. All provisions of law inconsistent with
the provisions of this Act are hereby repealed, amended, or modified
accordingly.
Sec. 26. This Act shall take effect fifteen (15)
days following its publication in the Official Gazette or in two (2)
newspapers of general circulation, whichever comes first.
Approved: June 27, 1998
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