Republic of the Philippines ®
HOUSE OF REPRESENTATIVES RECEWED 2
Quezon City oaTe 30 yyy 2075
TWENTIETH CONGRESS
First Regular Session
2758

House Bill No.

Introduced by Representative Julius Cesar “Jay” V. Vergara

EXPLANATORY NOTE

The physical change impacted by technological advancement and the fast
progressive thinking and imagination of this generation whose awareness has become
more dynamic, have truly inspired the Nueva Ecija University of Science and
Technology (NEUST) to provide more meaningful lifelong learning experiences and
opportunities to its students.

The University with two of its primary campuses, which are the General Tinio
Street Campus and Sumacab Campus, are located in the most established and
economically progressive city of the province, which is Cabanatuan City, Nueva Ecija
has a total population of 2,310,134 and has a strong, economically active workforce,
64.54% of which are either engaged into small or medium enterprise or employed in
the public and private institutions in the province. The addition of two satellite
campuses by virtue of law to the six satellite campuses which are already existing for
decades, serve as conduits of development for the province of Nueva Ecija by
Providing inclusive and accessible quality education, reaching out to the indigenous
peoples and other marginalized sector within the province and beyond,

The proposed conversion of NEUST into a comprehensive university aims to
provide competence and skills not only in science and technology but to offer new
Programs and develop other professionals needed in the country and by the global
labor market. The University also desires to nurture the hearts and minds of students
to enable them to seek for solutions to the challenges posed by environmental
degradation and promote the formation of a sustainable society.

Moreover, this proposal seeks to harmonize the creative abilities of the youth
in the arts with the technical knowledge through science and technology. This will
further allow the University to become more responsive and relevant to the diverse
needs of the community, the province, and the country.

SN



The availability of vast information thru the web has influenced the youth with
various beliefs and practices, thereby exposing them to the challenges of the world.
The University shall provide access to students with a wider range of skills and talents
both based on the academic and non-academic learnings and experiences. Thus, once
converted into a comprehensive university, NEUST shall offer a wide range of
disciplines that will ensure that graduates shall become well-rounded individuals not
only in their chosen fields of study but even beyond.

Su

JULIUS CESAR V. VERGARA
Third District of Nueva Ecija


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.2 798

Introduced by Representative Julius Cesar “Jay” V. Vergara

AN ACT CONVERTING THE NUEVA ECIJA UNIVERSITY OF SCIENCE AND
TECHNOLOGY INTO A COMPREHENSIVE UNIVERSITY TO BE KNOWN AS.
NUEVA ECIJA STATE UNIVERSITY EXPANDING AND RATIONALIZING ITS

CURRICULAR OFFERINGS, AND STRENGTHENING ITS GOVERNING
BOARD, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Conversion. — The Nueva Ecija University of Science and Technology
(NEUST) located in the City of Cabanatuan, Province of Nueva Ecija, with its
campuses in Gabaldon, San Isidro, Fort Magsaysay and State at Palayan City, and
Barangay Sumacab, and Quezon District (Gen. Tinio St.) at Cabanatuan City, Sto.
Domingo, and Nampicuan, is hereby converted into a comprehensive university
system to be known as the Nueva Ecija State University (NESU), hereinafter referred
to as the "University System."

Sec. 2. Integration, — The Main Campus of NESU shall be in Sumacab Campus,
Cabanatuan City, where an integrated management system shall be operated.

Sec. 3. General Mandate. — The University shall primarily provide advanced
instruction and professional training in arts, sciences, agriculture, engineering,
technology, education, health, business, communications and other related fields and
disciplines deemed as priority by CHED; undertake research, extension, and
production activities; and provide progressive leadership in these areas. Provided,
that for efficient use of resources, the offerings of curricula in the campuses shall be
rationalized.

Sec. 4. Curricular Offerings. — As a comprehensive university system, the NESU
shall offer post graduate, graduate, undergraduate, 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 mission, particularly in order to meet
the needs of the country and the global community.

The University shall be allowed to operate a reasonably-sized laboratory high
school, within the campuses of the University, provided, that the University has a
College of Education.

Sec. 5. Administration. — The University shall have the general powers of a
corporation 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.

Sec. 6. The Governing Board Composition. — (a) The governing body is hereby
vested in Board of Regents which shall be composed of the following:

i, Chairperson of the Commission on Higher Education (CHED) as
Chairperson. The CHED Chairperson may designate a CHED
Commissioner as the regular Chairperson to the Governing Board;

ii, President of the University System, as the Vice Chairperson;

iii. Chairperson of the Committee on Higher, Technical and Vocational
Education of the Senate of the Philippines, as member;

iv. Chairperson, of the Committee on Higher and Technical Education of the
House of Representative, as member;

v. Regional Director of the National Economic and Development Authority
(NEDA) where the main campus of the University is located, as member;

vi, Regional Director of the Department of Science and Technology (DOST)
where the main campus of the University is located, as member;

vii. Regional Director of the Department of Agriculture (DA) where the main
campus of the University is located, as member;

viii. President of the Faculty Association, as member;
ix. President of the University Student Government, as member;

x. President of the recognized Alumni Association of the University, as
member; and

xi. Two (2) prominent citizens who have distinguished themselves in their
professions or fields of specialization as recommended by the search
committee constituted by the University President in consultation with the


Chairman of the Board, based on the criteria and qualifications identified
by CHED for the position.

The private sector representatives shall be appointed by the Board of
Regents upon recommendation of a duly constituted search committee.

(b) Term of Office

i. The Terms of Office of the Faculty Alumni and Student Regents shall be
coterminous with their respective terms of office as President of their
respective sectoral associations;

ii. The prominent citizens shall serve for a term of two (2) years.

iii, In case of vacancy in the Office of the University President, the Officer-in-
Charge of the University designated by the Board shall serve for the
unexpired term only.

iv. The President of the University whose term may be terminated according
to this Act shall be entitled to full retirement benefits under existing laws.

Sec. 7. Powers and Duties of the Governing Board. — The Comprehensive
University System shall be headed by a President, who shall render full-time service.
The President shall be appointed by the Board, subject to the guidelines, qualifications
and standards set by the Board, upon recommendation of a duly constituted search
committee: Provided, That in order to effect smooth transition to a comprehensive
university system, the incumbent President of the NEUST shall serve as the first
President of NESU.

Sec. 8. Promulgation and Implementation of Policies. — The governing board shall
promulgate and implement policies in accordance with the declared state policies on
higher 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 existing relevant laws.

Sec. 9. Powers and Duties of the Governing Board. — The governing 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:

a. Enact rules and regulations not contrary to law as may be necessary to carry
out the purposes and functions of the University;

b. Receive and appropriate all sums as may be provided for the support of the
University in the manner it may determine, and in accordance with its
discretion, to carry out the purposes and functions of the University;


c. Receive in trust legacies, gifts and donations of real and personal properties
of all kinds, to administer and dispose the same when necessary for the
benefit of the University, subject to limitations, directions and instructions
of the donor, if any. Such donations shall be exempt from all taxes and shall
be considered as deductible items from the income tax of the donor;

a

Fix the tuition fees and other necessary school charges, such as but not
limited to, matriculation fees, graduation fees and laboratory fees, as they
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 there from shall form part of the same fund 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 of Regents 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 reasons beyond its control, the University shall not be able to pursue
any project for which funds have been appropriated and allocated under
its approved program of expenditures, the Board of Regents 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;

2

. Adopt and implement the prevailing tuition fee standards and school fees
for greater access to poor but deserving students;

. Authorize the construction or repair of its buildings, machineries,
equipment and other facilities and the purchase and acquisition of real and
personal properties, including necessary supplies, materials and
equipment. Purchases and other transactions entered into by the University
through the Board of Regents shall be exempt from all taxes and duties;

. Appoint, upon the recommendation of the President of the University, vice
presidents, deans, directors, heads of departments, faculty members and
other officials and employees;

8


/h. 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 law to the contrary notwithstanding: and to remove them for cause
in accordance with the requirements of due process of law;

Approve the curricula, institutional programs and rules of discipline
drawn by the administrative and academic councils as herein provided;

j. Set policies on admission and graduation of students;

fad

. Award honorary degrees upon persons in recognition of outstanding
contribution in the fields of education, public service, arts, science and
technology or in any field of specialization within the academic
competence of the University, and to authorize the award of certificates of
completion of non-degree and non-traditional courses;

Absorb non-chartered tertiary institutions within their respective provinces
in coordination with the CHED and in consultation with the Department
of Budget and Management (DBM), and to offer therein needed programs
or courses to promote and carry out equal access to educational
opportunities mandated by the Constitution:

m.Establish research and extension centers of the University to promote
development;

Bp

Establish Chairs in the University and to provide fellowships for qualified
faculty members and scholarships to deserving students;

2

Delegate any of its powers and duties provided for hereinabove to the
President and/or other officials of the University as it may deem
appropriate, so as to expedite the administration of the affairs of the
University;

. Authorize an external management audit of the University, to be financed
by the CHED, subject to Commission on Audit (COA) rules and regulation
and to institute reforms, including academic and structural changes, on the
basis of the audit results and recommendations;

2

2

Collaborate with other governing boards of state universities within the
province or the region, under the supervision of the CHED and in
consultation with the Department of Budget and Management (DBM), and


work towards the restructuring of the University to become more efficient,
relevant, productive and competitive;

. 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;

s. Develop consortia and other forms of linkages with local government units,
institutions and agencies, both public and private, local and foreign, in
furtherance of the purposes and objectives of the University;

. Develop academic arrangements for institution capability building with
appropriate institutions and agencies, public or private, local or foreign,
and to appoint experts and specialists as consultants, or visiting or
exchange professors, scholars, or researchers, as the case may be;

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Adopt modern and innovative modes of transmitting knowledge such as
the use of information technology, the dual system, open learning,
community laboratory, flexible learning, smart campus, and other relevant
and similar modes for the promotion of greater access to higher education;

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Establish policy guidelines and procedures for participative decision-
making and transparency within the University;

w.Privatize, where most advantageous to the University, management and
non-academic services such as health, food, building or grounds or
property maintenance and other similar activities, subject to existing rules
and regulations; and

x

To extend the term of the incumbent President of the University beyond
the age of retirement, but not later than the age of seventy (70), whose
performance has been unanimously rated as outstanding and upon
unanimous recommendation by the evaluation committee.

Sec. 10. Quorum. — The Board of Regents shall regularly convene at least once
every quarter. However, the Chairman of the Board of Regents may, upon three (3)
days prior written notice, call a special meeting whenever necessary.

A quorum of the Board shalll consist of majority of all members holding office
at the time of the meeting: Provided, however, that the Chairperson of the CHED or
his appointed CHED Commissioner as the Chairperson of the Board or the President
of the University is among those present in the meeting.

No regular or special meetings of the Governing Board (GB) shall be held
without the presence of the Chairperson of the Board. The GB Chairperson may,


however, waive his participation in writing as may be warranted by the situation. In
such case, the University President shall preside over the regular meeting or special
meeting.

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.

Sec. 11. The Administration. — The administration of the University shall be
vested in the President of the University who shall render full-time service. He shall
be appointed by the Board of Regents, upon the recommendation of a duly constituted
search committee. He shall have a term of four (4) years and shall be eligible for
reappointment for another term: This provision shall take effect upon the end of the
term of the incumbent President.

The President shall be assisted by a number of Vice Presidents, who shall be
appointed by the Board upon the former's recommendation.

In case of vacancy by reason of death, 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 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.

Sec. 12. Administrative Council. — There shall be an administrative council
consisting of the President of the University as chairperson, the vice president(s),
deans, directors and other officials of equal rank as members, and whose duty is to
review and recommend to the Board of Regents policies governing the administration,
management and development planning of the University for appropriate action.

As a comprehensive university system, a Campus Administrative Council for
its constituent campuses shall be established. Provided, that these constituent
campuses shall have equal representation in the University Administrative Council.

See. 13. Academic Council. — There shall be an academic council with the
President of the University as chairperson and all members of the instructional staff
with the rank of not lower than assistant professor as members.

The academic council shall have the power to determine, review and
recommend the curricular offerings and rules on student discipline of the University
subject to appropriate action of the Board of Regents. It shall fix the requirements for
admission of students as well as for graduation and the conferment of degrees subject


to review and/or approval by the Board of Regents through the President of the
University.

Sec. 14. 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 shall communicate notice of meetings to
each member of the Board.

Sec. 15. The Treasurer of the Philippines. — The Treasurer of the Philippines shall
be the ex officio treasurer of the University.

Sec. 16. Faculty. — No religious opinion or affiliation shall be the matter of
inquiry in the appointment of faculty members of the State University. Provided,
however, that no member of the faculty shall teach for or against any particular church
or religious sect.

Sec. 17. Scholarships and Admission. — The University shall provide a scholarship
program and other affirmative action programs to assist poor but deserving students
to 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. 18. 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.

Sec. 19. Filing of Report. — On or before the fifteenth day of the second month
after the opening of the regular classes each year, the Board shall file with both Houses
of Congress a detailed report on the progress, conditions and needs of the University,
if there is any.

Sec, 20, Authority to Loan or Transfer Apparatus, Equipment, Supplies and Detail of
Personnel. — 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. 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 service

Sec. 21. Affiliation. — The University may accept the affiliation and/or
integration within its operation of any existing national school within the province
whose programs can contribute largely and effectively to the attainment of its
objectives, in coordination with the CHED and in consultation with the DBM: Provided,
That funds, properties and other assets, as well as obligations of the integrated school,


shall be transferred to the University. Provided further that, the school to be integrated
into the System complies with the policy requisites of the University which has the
right to allow a particular curricular program that can only be offered by said school.

Sec. 22. Assets, Liabilities and Personnel. — All assets, fixed and movable, records
and personnel of the Nueva Ecija University of Science and Technology, as well as
liabilities or obligations, are hereby transferred to the Nueva Ecija State University:
Provided, however, that the positions, rights and security of tenure of personnel therein
employed under existing laws prior to its 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 Nueva Ecija University of Science and Technology
are hereby declared to be the property of the Nueva Ecija State University and shall
be titled under that name: Provided, finally, 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 government.

Sec. 23. Appropriations. — The amount necessary to carry out the provisions of
this Act shall be charged against the current year's appropriations of the Nueva Ecija
University of Science and Technology. Thereafter, such sums as may be necessary for
the continued operation and maintenance of the Nueva Ecija State University shall be
included in the annual General Appropriations Act.

Sec. 24. Parity Clause. — All other powers, functions and privileges,
responsibilities and limitations to state universities and/or its officials under relevant
and existing laws shall be deemed granted to or imposed upon the University and/or
its officials whenever appropriate.

Sec. 25. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the Board, in consultation with the CHED, shall formulate the
rules and regulations to fully implement the provisions of this Act.

Sec. 26. Separability Clause. — 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. 27. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

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

Approved,