Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

(NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. No. _707

Introduced by: REPRESENTATIVES SHERNEE A. TAN-TAMBUT AND SAMIER A. TAN

EXPLANATORY NOTE

The Constitution explicitly provides that the State shall give priority to education,
science and technology, arts and culture, and sports, and accelerate social progress.
Notwithstanding this expressed Constitutional mandate, there is an apparent unequal
distribution of educational resources among local government units.

Most of the educational institutions of higher learning, be it private or state universities,
are located in urban areas but not in far-flung provinces like the Province of Sulu where they
are badly needed. For which reason, the people in our province felt neglected and this
situation gave rise to rebellious attitude towards the government. It must be recalled that
during the Spanish Regime, the guiding philosophy of our national hero, Dr. Jose Rizal to fight
for reforms against the colonizers was enlightenment in order to educate the so called Indios.
This proved to be an effective tool as it aroused the spirit of discontent over brutality,
oppression, and inhumanity. Even if this occurred centuries ago, Rizal's political philosophy is
very much applicable to the present time in our province. Instead of spending hundreds of
millions of pesos for armaments to stop the local war that never ends, why not spend portion
of the budget that will give golden opportunity to let people pursue higher education.

The political leaders of the Province of Sulu has been pushing hard, since two (2)
decades ago for the conversion of the Sulu State College into a State University but up to the
present time, no action has been taken favourably on this matter.

It is therefore the paramount objective of this measure to pursue the ultimate dream
and aspiration of the people, particularly the youth, in the Province of Sulu and its neighboring
Provinces of Tawi-tawi and Basilan, to have a state university by converting the existing Sulu
State College into Sulu State University.

‘The foregoing reasons warrant the approval of this important piece of legislation.


a

SHERWEG A. TAN-TAMBUT } ‘SAMIER A. TAN
Representative Representative

Kusug Tausug Partylist, First District, Sulu


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. No._707

Introduced by: REPRESENTATIVES SHERNEE A. TAN-TAMBUT AND SAMIER A. TAN

AN ACT

CONVERTING THE SULU STATE COLLEGE IN THE MUNICIPALITY OF JOLO, PROVINCE OF SULU
INTO A STATE UNIVERSITY TO BE KNOWN AS THE SULU STATE UNIVERSITY AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. - The Sulu State College in the Municipality of Jolo, Province of
Sulu is hereby converted into a State University to be known as the Sulu State University
hereinafter referred to as the University.

SEC. 2. General Mandate. - The University shall primarily provide advanced education,
higher technological, professional instruction and training in the fields of agriculture, education,
engineering, forestry, arts and sciences and other related fields. It shall also undertake research
and extension services and provide progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings. - The University shall offer undergraduate and graduate
courses in the fields of agriculture, education, engineering, forestry, arts and sciences, and
other degrees/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 the needs of
the Province of Sulu 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 Senior year education: Provided, further, that the University may operate reasonably-sized
laboratory school if it has a College of Education.

SEC. 4. Administration. - The University shall have the general powers of a corporation
as set forth in the Revised Corporation Code. 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.

SEC. 5. The Governing Board. — The governing board 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), as the Chairman;

b. The President of the University, as Vice-Chairman;

c. The Chairperson of the Committee on Education, Arts and Culture of the Senate, as
Member;

d. The Chairperson of the Committee on Higher and Technical Education of the House

of Representatives, as Member;

The Chairperson of the Committee on Higher Education-BARMM, as Member;

The President of the Faculty Association of the University, as Member;

The President of the Student Council of the University, as Member;

The President of the Alumni Association of the University, as Member; and

Two (2) prominent citizens from the private sector who have distinguished

themselves in their profession or fields of specialization of the University, as

Members.

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The Board shall appoint the two (2) prominent citizens from among the list of at least
five (5) persons qualified in the Province of Sulu as recommended by a search committee
constituted by the University President, in consultation with the Board based on standards and
qualifications for the position as determined by the Board.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of
appointment.

The term of the President of the Faculty, Association, the President of the Student
Council, and the President of the Association shall be co-terminus with their respective terms of
office as set forth in their respective Constitution and By-laws.

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 Constitution on 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”.

SEC. 7. Power 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 promulgate rules and regulations 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, in order to carry out the
purposes and functions of the University;

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;

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
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 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;

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 consultation 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 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
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;

To adopt and implement a socialized scheme of tuition and school fees for greater
access to poor but deserving students;

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;

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;

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 law to the contrary notwithstanding, and to
remove them for causes in accordance with the requirements of due process of law;
To approve the curricula, instructional programs and rules of discipline drawn by the
administrative and academic councils herein provided;

To set policies on admission and graduation of students;

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 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 course;

To establish and absorb non-chartered tertiary institutions within the Province of
Sulu 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 educational
opportunities as mandated by the Constitution;

To establish research and extension centers of the University where such will
promote the development of the latter;

To establish chairs in the University and to provide fellowships for qualified faculty
members and scholarships to deserving students;

To delegate any of its powers and duties provided 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;

To authorize an external management audit of the University to be financed by the
CHED subject to the COA rules and regulations, and to institute reforms, including
academic and structural changes on the basis of the audit results and
recommendations;

To collaborate with other governing boards of the state colleges and universities
within the Province of Sulu 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;

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;

To develop consortia and other economic forms of linkages with local government
units, institutions and agencies, both public and private, local or foreign, in the
furtherance of the purposes and objectives of the University;

To develop academic arrangements for institution capability building with
appropriate institutions and agencies, public and private, local and foreign, and to
appoint experts/specialists as consultants, part-time or visiting or exchange
professors, 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, the management of non-
academic services such as health, food, building or ground or property maintenance
and such other similar activiti ind

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 Board as Outstanding based on the guidelines,
qualifications and/or standards set by the Board, after unanimous recommendation
by the search committee.

SEC. 8. Meeting of the Board. - The Board shall regularly convene at least once every
quarter. However, the Chairman of the Board may upon three (3) days prior written notice, call
a maximum of two (2) special meetings wherever necessary.

A quorum of the Board shall consist of a majority of all its members holding office at the
time of the meeting: Provided, however, that the Chairman of the Board or 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 with all
the rights and responsibilities of a regular member: Provided, however, that during the
meeting, the President of the University a Vice-Chairman shall be the Presiding Officer.

In case of the respective Chairpersons of the Congressional Committees on Education
and that of the BARMM, shall not be able to attend the said meeting, they may duly designate
their respective representatives to attend the meeting. Such representatives shall have the
same rights and responsibilities as a regular member of the Board.

The member 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 the 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 or she shall be appointed by the Board, subject to the
guidelines, qualifications and/or standards set by the Board upon recommendation of a duly
constituted search committee. He or she 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 President of the Sulu State College, if qualified, shall serve as the first
President of the University. Within six (6) months before the expiration of the term of office of
the incumbent President of the Sulu State College, the Board shall constitute the Search
Committee for the Presidency (SCP).


The President of the University shall be assisted by a Vice-President for Academic Affairs
and a Vice-President for Administration who shall be appointed by the Board upon the
recommendation by the President of the University.

In case of vacancy in the office of the President as mentioned in the immediately
preceding paragraph, his successor of officer-in-charge shall hold office for the unexpired term
only.

The powers and duties of the President of the University shall be in accordance with
Republic Act No. 6758 or the Revised Compensation and Position Classification Act of 1989, as
modified by Joint Resolution No. 4 dated June 17, 2009, and by such other laws amendatory
thereto, which may hereinafter be enacted, and shall be comparable to the being received by
the Presidents of similar educational institutions.

SEC. 10. 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 in addition to other duties and responsibilities. The Secretary of the University
shall serve upon each member of the Board the appropriate notice of Board meetings.

SEC. 11. The Treasure of the University. - The Treasure of the Philippines shall be the ex
officio treasurer of the University.

SEC. 12. Administrative Council. ~ There shall be an Administrative Council consisting of
the President of the University, as Chairperson, and the vice-presidents, deans, directors, and
other officials of equal rank, as members, whose duty is to review and recommend to the Board
such policies governing the administration, management, and development planning of the
University.

SEC. 13. The Academic Council. — There shall be an Academic Council to be composed of
the President of the University, who shall act as its Chairperson, and all academic staff with the
rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular
offerings and rules of discipline of the University, subject to the approval of the Board. It shall
fix the requirements for the admission of students, as well for their graduation and conferment
of degrees, subject to review and approval of the Board thru the President of the University.

It shall have disciplinary power over the students of the University and shall formulate
academic policies and rules and regulations of discipline, subject to the approval of the Board.


SEC. 14. 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. 15. The Faculty. — No political belief, gender preference, cultural or community
affiliation, ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the
appointment of faculty members of the University: Provided, That the appointment shall be
subject to the guidelines, qualifications and standards set by the Board: Provided, further, That
a member of the faculty shall not criticize, vouch for, recruit members in behalf of, or preach
about any particular church or religious sect.

SEC. 16. 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, political, cultural or community affiliation, and ethnic origin.

SEC. 17. Authority to Loan or Transfer Apparatus/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 apparatus,
equipment, supplies or services of such employees can be spared without serious detriment to
public service. The employees so detailed shall perform such duties as required of the by the
President of the University, and the time so employed shall be counted as part of their regular
service.

SEC. 18. Assets, Liabilities and Personnel. - All assets, real and personal, personnel and
records of the Sulu State College as well as liabilities or obligations, are hereby transferred to
the University: Provided, that the positions, rights and security of tenure of the faculty
members and personnel therein employed under existing laws prior to the conversion into a
University shall be respected: Provided, further, That the positions of the incumbent shall
remain in the same status until otherwise provided for by the Board: Provided, finally, That
should the University cease to exist or be abolished or should aforementioned parcels of land
be no longer needed by the University, the same shall revert to the concerned LGU or to the
Republic of the Philippines, as the case may be.

SEC. 19. Tax Exemption. - The importation of economic, technical and cultural books
and publications, which are for economic, technical-vocational, scientific, philosophical,
historical or cultural purposes made by the University, upon certification by the CHED, shall be
exempt from customs duties in accordance with the provisions of Republic Act No.10863
otherwise known as the “Customs Modernization and Tariff Act (CMTA)”. All grants, bequests,
endowments donations and contributions, made to the University to be used actually,
exclusively and directly by it, shall be exempt from donor's tax and the same shall be
considered as allowable deduction 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
of 1997, as amended.

‘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 Sulu State College. Thereafter,
such sums as may be necessary for the continued operation and maintenance of the University
shall be included in the annual General Appropriations Act.

SEC. 21. Development Plan, Management Audit, and
Organization/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 corresponding program budget,
to the CHED for corresponding recommendation to the DBM;
Undergo a management audit in cooperation with the CHED; and

©. Accordingly set up its organizational, administrative, and academic structure,
including the appointment of key officials of the University.

SEC. 22. Filing of Annual Report. - On or before the fifteenth (15") day of the second
(24) month after the opening of the regular classes each year, the Board shall file with the
Office of the President of the Philippines and both Houses of Congress, through the CHED
Chairperson, a detailed report on the progress, conditions and needs of the University.

SEC. 23. Supplementary Application. - The provisions of Republic Act No. 8292
otherwise known as the “Higher Education Modernization Act of 1997” shall serve as part of
the Governing Charter of the University.

SEC. 24. Parity Clause. ~ All other powers, functions and privileges, responsibilities and
limitations to state universities and their officials under existing laws shall be deemed granted
to or imposed upon the University or its official, 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 shall remain

in full force and effect.

SEC. 27. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,