Converting the Northern Negros State College of Science and Technology in Sagay City, Negros Occidental into the State University of Northern Negros

Case Overview and Summary

Summary of Republic Act No. 11859:

Conversion of Northern Negros State College of Science and Technology (NONESCOST) into State University of Northern Negros (SUNN)
- NONESCOST in Sagay City, Negros Occidental, including Laga-an Campus in Calatrava and Escalante Campus, is converted into SUNN. (Section 1)
- Main campus of SUNN shall be located in Sagay City. (Section 1)

Curricular Offerings
- SUNN shall offer short-term technical-vocational courses, undergraduate and graduate programs in fields like agriculture, arts, biology, business, criminology, education, engineering, fisheries, food technology, healthcare, industrial technology, ICT, management, marine sciences, and other relevant fields. (Section 2)
- SUNN shall undertake research and extension services, and provide leadership in its areas of specialization. (Section 2)

Administration
- SUNN shall have general powers of a corporation set forth in Revised Corporation Code of the Philippines. (Section 3)
- Administration and exercise of corporate powers shall be vested in the Board of Regents and the President. (Section 3)

Governing Board
- Governing body is the Board of Regents, chaired by CHED Chairperson and co-chaired by SUNN President. (Section 4)
- Board members include Chairpersons of Senate and House Committees on Higher Education, NEDA Regional Director, DOST Regional Director, DA Regional Director, President of faculty federation, President of student council federation, President of alumni federation, and two prominent private sector citizens. (Section 4)
- Private sector members shall serve for 2 years and be appointed by the Board based on recommendations from a search committee. (Section 4)

Powers and Duties of the Board
- Promulgate and implement policies in accordance with education policies and CHED standards. (Section 5a)
- Approve curricula, instructional programs, and rules on student discipline. (Section 5b)
- Appoint vice presidents, deans, directors, faculty, and other officials and employees. (Section 5c)
- Fix and adjust salaries, grant leaves, and remove employees for cause. (Section 5d)
- Fix tuition fees and other charges, and retain income for SUNN's use. (Section 5e)
- Adopt socialized tuition scheme for greater access of poor students. (Section 5f)
- Establish professorial chairs, fellowships, and scholarships. (Section 5g)
- Receive appropriations and other funds for SUNN's support. (Section 5h)
- Set policies on admission and graduation of students. (Section 5i)
- Award honorary degrees and certificates. (Section 5j)
- Establish research and extension centers. (Section 5k)
- Develop academic arrangements for capability building. (Section 5l)
- Adopt innovative modes of knowledge transmission. (Section 5m)
- Collaborate with other state universities and colleges for restructuring. (Section 5n)
- Absorb non-chartered tertiary institutions as branches or centers. (Section 5o)
- Authorize external management audit. (Section 5p)
- Develop consortia and linkages with LGUs and other institutions. (Section 5q)
- Import economic, technical, and cultural books and publications. (Section 5r)
- Enter into joint ventures with business and industry. (Section 5s)
- Receive legacies, gifts, and donations. (Section 5t)
- Extend term of President beyond retirement age but not beyond 70, based on performance. (Section 5u)
- Delegate powers and duties to SUNN officials. (Section 5v)
- Establish policy guidelines for participative and transparent decision-making. (Section 5w)
- Privatize management of non-academic services. (Section 5x)
- Authorize construction, repair, purchase, and acquisition of facilities and property. (Section 5y)
- Promulgate necessary rules and regulations. (Section 5z)

Meetings of the Board
- Board shall convene once every 3 months, with special meetings as necessary. (Section 6)
- Quorum is majority of members, with Chairperson or President present. (Section 6)
- CHED Commissioner may represent Chairperson, with President as presiding officer. (Section 6)
- Senate and House Committee Chairpersons may designate representatives. (Section 6)
- Members shall not receive salary but entitled to expense reimbursements. (Section 6)

University President
- SUNN shall be headed by a President appointed by the Board based on search committee recommendation. (Section 7)
- President shall serve full-time for 4 years, eligible for reappointment. (Section 7)
- Incumbent NONESCOST President shall serve as first SUNN President if qualified. (Section 7)
- President's powers and duties include those pertaining to similar state universities and those delegated by the Board. (Section 7)
- President's salary shall be in accordance with Salary Standardization Law. (Section 7)
- Board shall designate Officer-in-Charge in case of vacancy in President's office. (Section 7)
- President shall be assisted by Vice Presidents for Academic Affairs, Administration, and Research, Development, and Extension. (Section 7)

Secretary and Treasurer of the University
- Board shall appoint a Secretary who shall serve as Secretary for both Board and SUNN. (Section 8)
- Treasurer of the Philippines shall be ex officio Treasurer of SUNN. (Section 9)

Administrative and Academic Councils
- Administrative Council shall review and recommend policies on administration, management, and development planning. (Section 10)
- Academic Council shall formulate academic policies, review and recommend curricular offerings and rules on student discipline, fix requirements for admission and graduation, and exercise disciplinary power over students. (Section 11)

Heads of University Campuses
- Campus Directors shall serve as heads of SUNN campuses and render full-time service. (Section 12)
- Campus Directors shall be appointed by the Board upon recommendation of search committee and President, based on Board's guidelines. (Section 12)
- Incumbent Campus Directors of NONESCOST shall continue to serve. (Section 12)

Faculty
- Faculty appointment shall not be based on political belief, gender preference, cultural affiliation, ethnic origin, or religious opinion or affiliation. (Section 13)
- Faculty appointment shall be subject to Board's guidelines, qualifications, and standards. (Section 13)
- No faculty member shall teach for or against any particular church or religious sect. (Section 13)

Academic Freedom and Institutional Autonomy
- SUNN shall enjoy academic freedom and institutional autonomy pursuant to the Constitution. (Section 14)

Scholarship Programs and Admission
- SUNN shall provide scholarships and affirmative action programs to assist poor but deserving students. (Section 15)
- No student shall be denied admission based on gender, religion, cultural affiliation, or ethnic origin. (Section 15)

Authority to Loan or Transfer Apparatus, Equipment or Supplies and Detail of Personnel
- Upon Board's request through the President, heads of national government bureaus and offices may loan or transfer apparatus, equipment, supplies, and detail employees to SUNN. (Section 16)
- Detailed employees shall perform duties required by the President, and time served shall be counted as part of regular service. (Section 16)

Assets, Liabilities and Personnel
- All assets, personnel, records, liabilities, and obligations of NONESCOST shall be transferred to SUNN. (Section 17)
- Positions, rights, and tenure of faculty and personnel shall be respected. (Section 17)
- SUNN shall upgrade or increase human resource component as deemed appropriate by the Board. (Section 17)
- All government land occupied by NONESCOST and its campuses shall be property of SUNN and titled under its name. (Section 17)
- If SUNN ceases to exist or land is no longer needed, it shall revert to concerned LGU or Republic of the Philippines. (Section 17)

Duty and Tax Exemptions
- Importation of economic, technical, and cultural books or publications for educational purposes by SUNN shall be exempt from customs duties upon CHED certification. (Section 18)
- Grants, bequests, endowments, donations, and contributions made to and used by SUNN for educational purposes shall be exempt from donor's tax and considered as allowable deduction from gross income for donor. (Section 18)

Compliance with CHED Requirements
- Conversion to university shall be effective upon CHED's determination that NONESCOST has complied with requirements for university status based on CHED Memorandum Order No. 46, series of 2012. (Section 19)
- Requirements include employment of qualified full-time faculty, offering comprehensive degree programs, conducting viable research programs, maintaining learning resources and support structures, maintaining linkages with research institutions, and conducting outreach activities. (Section 19)
- CHED shall provide technical assistance and monitor compliance. (Section 19)
- NONESCOST shall retain its status until it complies with requirements. (Section 19)

Development Plan, Management Audit, Organizational, Administrative, and Academic Structure
- Within 120 days, SUNN shall submit a 5-year development plan and program budget to CHED for DBM recommendation. (Section 20a)
- Within 120 days, SUNN shall set up its organizational, administrative, and academic structure, including appointment of key officials. (Section 20b)
- Within 120 days, SUNN shall undergo a management audit in coordination with CHED. (Section 20c)

Filing of Report
- On or before the 15th day of the second month after opening of regular classes each year, the Board shall file a detailed report on SUNN's progress, condition, and needs with the Office of the President and Congress through the CHED Chairperson. (Section 21)

Suppletory Application
- Provisions of Higher Education Modernization Act of 1997 (Republic Act No. 8292) shall form part of this Act. (Section 22)

Parity Clause
- All other powers, functions, privileges, responsibilities, and limitations to state universities and colleges and their officials under existing laws shall be deemed granted to or imposed upon SUNN or its officials, whenever appropriate. (Section 23)

Appropriations
- Amount necessary to carry out provisions of this Act shall be charged against current year's appropriations of NONESCOST. (Section 24)
- Thereafter, sums necessary for SUNN's continued operation and maintenance shall be included in annual General Appropriations Act. (Section 24)

Implementing Rules and Regulations
- Within 60 days from approval of this Act, the Board shall, in consultation with CHED, issue rules and regulations to fully implement the provisions of this Act. (Section 25)

Separability Clause
- If any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected are in full force and effect. (Section 26)

Repealing Clause
- All laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the provisions of this Act are repealed or modified accordingly. (Section 27)

Effectivity
- This Act shall take effect 15 days after its publication in the Official Gazette or in a newspaper of general circulation. (Section 28)