14'h Congress of the Republic) 
of the Philippines 
) 
1st Regular Session 
1 
Introduced by SENATOR AQUlLlNO Q. PIMENTEL, JR. 
EXPLANATORY NOTE 
This bill seeks to convert the Mindanao Polytechnic State College in 
Cagayan de Oro City, Province of Misamis Oriental, into a State University, to be 
known as the Mindanao University of Science and Technology (MUST). 
The satellite campuses of the Mindanao Polytechnic State College in 
Jasaan, Misamis Oriental, Alubijid, Misamis Oriental, Panaon, Misamis 
Occidental and Oroquita City, are hereby proposed to be integrated. 
The main campus of the Mindanao University of Science and Technology 
shall be in Cagayan de Or0 City. 
The University shall primarily provide advanced education, higher 
technological, professional instruction and training in the fields of arts and 
sciences, education, engineering and other relevant field of study. It shall also 
undertake research and extension in support of the socio-economic development 
of Mindanao, and provide progressive leadership in human resource 
development in 
critical 
skills 
and competencies 
required for 
global 
competitiveness. 
The University shall offer undergraduate and graduate courses in the 
fields of arts and sciences, education, engineering, and technology and other 
degree courses within its areas of specialization and according to its capabilities, 
as the Board of Regents may deem necessary to carry out its objectives, in order 
to meet national and regional needs for trained manpower. 
The proposed conversion of Mindanao Polytechnic State College to 
Mindanao University of Science and Technology is a recognition of its capability 
to be at par with other universities, with its outstanding performance in 
government administered examinations. 
Furthermore, its conversion will 
respond to the demand for high level manpower in science and technology 
needed by the industries and business establishments in the region. 
1 
In view of the foregoing, the passage of this bill is earnestly requested. 
A 
g&/Ld 
A 
ILINO Q. PI ENTEL, JR. 


14'h Congress of the Republic ) 
of the Philippines 
) 
1st Regular Session 
) 
Introduced by SENATOR AQUlLlNO Q. PIMENTEL, JR. 
AN ACT 
CONVERTING THE MINDANAO POLYTECHNIC STATE COLLEGE IN CAGAYAN DE 
OR0 CITY, PROVINCE OF MlSAMlS ORIENTAL INTO A STATE UNIVERSITY TO BE 
KNOWN AS THE MINDANAO UNIVERSITY OF SCIENCE AND TECHNLOGY (MUST), 
AND APPROPRIATING FUNDS THEREFOR. 
Be if enacfed by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Conversion - The Mindanao Polytechnic State College in Cagayan de 
Oro City, Province of Misamis Oriental, is hereby converted into a state university, to be 
known as the Mindanao University of Science and Technology (MUST), integrating 
therewith the satellite campuses in Jasaan, Misamis Oriental, Alubijid, Misamis Oriental, 
Panaon, Misamis Occidental and Oroquita City, hereinafter referred to as the University. 
The main campus of the University shall be in Cagayan de Oro City. 
Section 2. General Mandate - The University shall primarily provide advanced 
education, higher technological, professional instruction and training in the fields of arts 
and sciences, education, engineering and other relevant field of study. it shall also 
undertake research and extension in support of the socio-economic development of 
Mindanao, and provide progressive leadership in human resource development in critical 
skills and competencies required for global competitiveness. 
Section 3. Curricular Offerings - The University shall offer undergraduate and 
graduate courses in the fields of arts and sciences, education, engineering, and 
technology and other degree courses within its areas of specialization and according to its 
capabilities, as the Board of Regents may deem necessary to carry out its objectives, in 
order to meet national and regional needs for trained manpower. 
The existing high school shall be transferred to the jurisdiction and supervision of 
the Department of Education (DepEd): Provided, That the high school shall be allowed to 
remain and operated within the campus of the University until the existing students shall 
have completed their high school education. Provided furfher, That the University may 
operate a reasonably sized laboratory school if it has a College of education. 
Section 4. Adminisfrafion - The University shall have the general powers of a 
corporation set forth in Batas Pambansa Blg. 68, as 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 
t k  president of the University. 
Section 5. The Governing Board - The governing board of the University shall be 
the Board of Regents, hereinafter referred to as 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, 
(d) The chairperson of the Committee on Higher and Technical Education of the 
member; 
House of Representatives, member; 
(e) The regional director of the National Economic and Development Authority 
(9 The regional director of the Department of Science and Technology (DOST), 
(9) The president of the federation of faculty associations of the University, member; 
(h) The president of the federation of student councils of the University, member; 
(i) The president of the federation of alumni associations of the University, member; 
(j) Two (2) prominent citizens from the private sector who have distinguished 
themselves in their profession or fields of specialization of the University, 
member; and 
The Board of Regents shall appoint the two prominent citizen from among a list of at 
least five (5) persons qualified in the Province of Misamis Oriental and City of Cagayan de 
Oro, as recommended by the search committee constituted by the University president, in 
consultation with the chairperson of CHED, based on the normal standards and 
qualification for the position. 
(NEDA), member; 
member; 
The term of office of the president of the federation of faculty associations, the 
president of the federation of student councils, and the president of the federation of 
alumni associations shall be coterminous with their respective terms of office, as set forth 
in their Constitutions and By-Laws. 
The two (2) prominent citizens shall serve for a term of two (2) years from the date 
of appointment. 
Section 6. Promulgation and lmplementafion of Policies - 
The Board shall 
promulgate and implement policies in accordance with the declared state policies on 
education and other pertinent provisions of the Constitution, specifically in education, 
agriculture, science and technology, as well as the policies, standards and thrusts of the 
CHED under Republic act No. 7722, otherwise known as the "Higher Education Act of 
1994. 
Section 7. Powers and Duties ofthe Boardof Regenfs - The Board shall have the 
following specific powers and duties in addition to its general power of administration and 
the exercise of all the powers granted to the board of directors of a corporation under 
existing laws: 
(a) To promulgate rules and regulations as may be necessary to carry out the 
(b) To receive and appropriate all sums as may be provided, for the support of the 
purposes and functions of the University; 
University, in order to carry out its purposes and functions; 


(c) To import duty-free economic, technical and cultural books and/or publications, 
upon certification by the CHED that such imported books andlor publication 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 limitation, directions and instructions 
of the donor, if any. 
Such donations shall be exempt from the donor's tax and the same shall be 
considered as allowable deductions from the gross income in the computation of 
the income tax of the donor, in accordance with the provisions of the National 
Internal Revenue Code (NIRC), as amended: Provided, That such donations 
shall not be disposed of, transferred or sold; 
(e) To fix the tuition fee 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, afler 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 regulation 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 programslprojects 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 
project 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. 
(9 To adopt and implement a socialized scheme of tuition and school fees for 
(9) 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, heads of campuses, faculty members, and other 
officials and employees of the University; 
greater access to poor but deserving students; 
(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 
at it may promulgate, any provision of existing law to the contrary 
notwithstanding; and to remove them for cause on 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 herein provided; 
(k) To set policies on admission and graduation of students; 
(I) To award honorary degrees upon persons in recognition of their 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 non-traditional courses; 
(m)To establish and absorb non-chartered tertiary institutions within the Provinces 
of Misamis Oriental and Misamis Occidental as branches and centers in 
coordination with the Commission on Higher Education (CHED), and in 
consultation with the Department of Budget and Management (DBM), and to 
offer therein programs of courses, to promote and carry out equal access to 
education opportunities as mandated by the Constitution; 
(n) To establish research and extension centers of the University where such will 
(0) To establish chairs in the University and to provide fellowships for qualified 
promote the development of the latter; 
faculty members and scholarships to deserving students; 
(p) To delegate any of its powers and duties provided for hereinabove to the 
president andlor other officials of the University as it may deem appropriate, so 
as to expedite the administration of the affairs of the University; 
(4) To authorize an external management audit of the University, to be financed by 
the CHED, subject to 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 Provinces of Misamis Oriental and Misamis Occidental of Region 10, 
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 from 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 institutional capability building with 
appropriate institutions and agencies, public and private, local and foreign, and 
to appoint expertslspecialists as consultants, part time or visiting or exchange 
professor, scholars, or researchers, as the case may be; 
(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 and community laboratory 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 that the age of seventy (70), whose performance has 
been unanimously rated by the governing board as outstanding based on the 
guidelines, qualifications andlor standards set by the Board, after unanimous 
recommendation by the search committee. 
Section 8. Meetings of the Board - The Board shall regularly convene at least once 
ecery quarter. However, the chairperson of the Board may, upon three (3) days' prior 
written notice, call special meetings 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 himlher, shall represent him/her in the meeting with all the rights and 
responsibilities of a regular member: Provided, however, That during the 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 case the chairpersons of the Congressional Committees in Education shall not be 
able to attend the Board meeting, they may duly designate their respective representatives 
to attend the said meeting, who shall have the same rights and responsibilities as a regular 
member of the Board. 
The members of the Board shall not receive any salary but shall be entitled to 
reimbursements for actual and necessary expenses incurred, either for their attendance in 
the meetings of the Board or in connection with other official business authorized by 
rc$olution of the Board, subject to existing laws and regulations. 
Section 9. The University President - The University shall be headed by a 
president, who shall render full time service. HelShe shall be appointed by the Board, 
subject to the guidelines, qualifications andlor standards set by the Board, upon 
recommendation of a duly constituted search committee. HelShe shall have 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 incumbent president of the Mindanao 
Polytechnic State College shall serve as the first president of the University. 
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 
finctions of hislher office, the Board shall designate an officer-in-charge of the University 
within six months from date of vacancy, pending the appointment of a new president. 
In case of vacancy in the office of the president as mentioned in the immediately 
preceding paragraph, hislher successor or the officer-in-charge 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. 


Within six (6) months before the expiration of the term of office of the incumbent 
president of the University, the Board shall constitute the Search Committee for the 
Presidency (SCP). 
The president of the University shall be assisted by vice-presidents, who shall be 
appointed by the board upon recommendation of the president. 
Section I O .  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 equal rank as members, whose duty is to review and 
recommend to the Board the policies governing the administration, management and 
development of the University. 
Section 11. The 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 
curricular offerings and rules of the 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 of 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 
ragulations on discipline, subject to the approval of the Board of Regents. 
Section 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 serve upon each member of the Board the 
appropriate notice of the Board’s meetings. 
Sec. 13. The Treasurer of the University- The Treasurer of the Philippines shall be 
the ex officio treasurer of the University. 
Section 14. faculty - No political beliefs, gender preference, cultural or community 
affiliation or ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in 
the appointment of faculty members of the University: Provided, That said appointment 
shall be subject to the guidelines, qualifications and/or standards set by the Board. 
Provided further, That no member of the faculty shall teach for or against any particular 
church or religious sect. 
Section 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. 
Section 16. Academic freedom and Institutional Autonomy - The University shall 
enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5 of 
Article XIV of the Constitution. 
Section 17. Authority to Loan or Transfer Apparafus/Equipment/Supplies and Detail 
of Personnel - 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 may be needed by the University, and to detail 
employees for duty therein when, in the judgment of the head of bureau or office, such 
aoparatus, equipment, supplies or services of such employees can be spared without 
serious detriment to public service. 


The employees so detail 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. 
Section 18. Assets, Liabilities and Personnel - All assets, fixed and movable, 
personnel and records of the Mindanao Polytechnic State College as well as liabilities or 
obligations, are hereby transferred to the University: Provided, however, 
That the 
positions, rights and security of tenure of faculty members and personnel therein employed 
under existing laws prior to the conversion into a University shall be respected 
All parcels of land belonging to the Government and occupied by the Mindanao 
Polytechnic State College in the main campus and satellite/external campuses, including 
tl:.? 292 hectares of land in Lourdes, Alubijid, Misamis Oriental awarded by the government 
to Mindanao Polytechnic State College through Presidential Proclamation No. 739, are 
hereby transferred and declared to be property of the Mindanao University of Science and 
Technology, 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 original owner/s. 
Section 19. Appropriations - The amount necessary to carry out the provisions of 
this Act shall be charged against the current year’s appropriations of the Mindanao 
Polytechnic State College, except the sums 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 Mindanao University of Science and Technology shall 
b; 
included in the annual General Appropriations Act. 
Section 20. Development Plan, Management Audit, Organizations/Adminisfrative/ 
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 DBM; 
(b) Undergo a management audit in cooperation with CHED; and 
(c) Accordingly set up its organizational, administrative as well as academic structure, 
including the appointment of the University key officials. 
Section 21. Filing of Report - On or before the fifteenth (15Ih) 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. 
Section 22. Suppletory Application - The provisions of Republic Act. No. 8292, 
othewise known as the “Higher Education Modernization Act of 1997”, shall be an integral 
part of this Act and shall serve as part of the Governing Charter of the University. 
Section 23. Parity Clause - All other powers, functions and privileges, 
responsibilities and limitations to State Universities and/or their officials under existing laws 
shall be deemed granted to or imposed upon the University and/or its officials whenever 
appropriate. 
Section 24. lmplemenfing Rules and Regulafions - The Board of Regents, in 
consultation with the Commission on Higher Education (CHED), shall formulate the 
guidelines to fully implement the provisions of this Act. 
Section 25. Separabilify clause - If, for any reason, any part or provisions of this 
A,t is declared invalid or unconstitutional, the remaining parts or provisions not affected 
shall remain in full force and effect. 


Section 26. Repealing Clause - All laws, presidential decrees, executive orders, 
rdes and regulations contrary to or inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
Section 27. Effectivity - This Act shall take effect fifteen (35) days after its 
publication in two (2) newspapers of general circulation. 
Approved.