Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 6500

Introduced by: REP. PROSPERO A. PICHAY, JR.

EXPLANATORY NOTE.

This bill seeks the conversion of the Surigao del Sur State University (SDSSU) in
the province of Surigao de! Sur into North Eastern Mindanao State University (NEMSU).

Republic Act 9998 was legislated on February 22, 2010 establishing the Surigao
del Sur State University in the province of Surigao del Sur. It is formerly the Surigao del
Sur Polytechnic State College and is composed of nine (9) campuses within the
province.

SSDSU is the biggest state university in Caraga region. It undertakes research
and extension services, and provide progressive leadership in its areas of
specialization. SSDSU offers undergraduate, graduate and post-graduate programs as
well as short-term courses in various fields of studies and expertise.

SSDSU aims to cater more students from the different parts of Caraga region.
However, students outside of Surigao del Sur are shying away to enroll in the University
because they thought that given its name Surigao del Sur State University, it is
exclusive to Surigao del Sur residents only.

In order to curb this notion of exclusivity, the approval of this bill is earnestly
‘sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BiLLNo. _ 6590

Introduced by: REP. PROSPERO A. PICHAY, JR.

AN ACT
CONVERTING THE SURIGAO DEL SUR STATE UNIVERSITY (SDSSU) IN THE
PROVINCE OF SURIGAO DEL SUR INTO NORTH EASTERN MINDANAO STATE
UNIVERSITY (NEMSU) AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion — The Surigao del Sur State University (SDSSU) in the
Province of Surigao del Sur, composed of SDSSU-Tandag Campus in Tandag City,
SDSSU-Cantilan Campus in the Municipality of Cantilan, SDSSU-Lianga Campus in the
Municipality of Lianga, SDSSU-Tagbina Campus in the Municipality of Tagbina,
SDSSU-San Miguel Campus in the Municipality of San Miguel, SDSSU-Cagwait
Campus in the Municipality of Cagwait, SDSSU-Bislig Campus in the City of Bislig,
SDSSU-Marihatag Campus in the Municipality of Marihatag and SDSSU-Hinatuan
Campus in the Municipality of Hinatuan is hereby converted into Northeastern Mindanao
State University (NEMSU), hereinafter referred to as the University. The main campus
of the University shall be in the City of Tandag, Surigao del Sur.

SECTION 2. General Mandate — The University shall primarily provide advanced
education, higher technological, professional instruction and training in trade, fishery,
agriculture, science, education, commerce, engineering, forestry, nautical courses,
medicine, nursing, midwifery and its allied sciences, social work, criminology,
aeronautics and aviation sciences, mining and geo sciences and other related fields. It
shall also undertake research and extension services and provide progressive
leadership in its areas of specialization.

SECTION 3. Curriculum Offerings - The University shall offer undergraduate,
graduate and post-graduate programs and short-term courses in the fields of agriculture
and environment studies, fishery, marine biology, marine transportation, engineering,
forestry, industrial technology, education, law, medicine, nursing, midwifery and other
health-related programs, social work, criminology, aeronautics and aviation sciences,
mining and geo sciences, information technology, arts and sciences, public


administration, business administration and other business courses, 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, and in order to meet the
needs of Northeastern Mindanao provinces and the nation for socioeconomic and
‘sustainable development and competitiveness.

SECTION 4. Administration — The University shall have the general powers of a
corporation set forth in Batas Pambansa Big. 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
the 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 the 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 —
Member

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

e. The Regional Director of the National Economic and Development Authority
(NEDA) —- Member

f. The Regional Director of the Department of Science and Technology (DOST) —
Member

g. 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,
and

j. Two prominent citizens from the private sector who have distinguished themselves
in their professions or fields of specialization of the University members.

The Board shall appoint two (2) prominent citizens from among a list of at least five (5)
qualified persons in the Province of Surigao del Sur, as recommended by the search
committee constituted by the University President, in consultation with the Chairperson
of the CHED and other members of the Board, based on the normal standards and
qualifications for the position

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 respective constitutions and bylaws.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of
appointment without prejudice to re-appointment for another term.


SECTION 6. Promulgation and Implementation of Policies - The Board shall
promulgate and implement policies in accordance with the declares State policies on
education and other pertinent provisions of the Philippine Constitution 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 of the Board of Regents — The Board of Regents
shall have the 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 not contrary to law as may be necessary
to carry out the purpose 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;

c. 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 of the Philippines, 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 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 in the computation
of the income tac of the donor, in accordance with the provisions of the
National Internal Revenue Code (NIRC) of 1997, as amended; Provided, That
‘such donations shall not be disposed of, transferred or sold;

e. 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 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
purposes for which these 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;

To adopt and implement a socialized scheme of tuition and other 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, 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 cause 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 in any field of specialization within the academic
competence of the University; and to authorize the awarding of certificates of
completion of nondegree and nondtraditional courses;

. To establish and absorb nonchartered tertiary institutions within the Province
of Surigao 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 professional chairs in the University and to provide fellowships
for qualified faculty members and scholarships to deserving students;


p. 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;

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

rt. To collaborate with other governing boards of the state colleges and
universities within Northeastern Provinces, under the supervision of the
CHED and in consultation with the DBM and other regulatory agencies, 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 (LGUs), institutions and agencies, both public and private,
local and foreign, in the furtherance of the purposes 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 experts/specialists as consultants, part-time or visiting or
exchange professors, scholars, 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 learning
system, open 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
nonacademic 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 beyond 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
recommendations by the search committee.

SECTION 8. Meetings of the Board - The Board shall regularly convene at least
once every quarter. However, the Chairperson of the Board may, upon three (3) days
prior written notice, call a maximum of two (2) 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 him/her, 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 the 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
CHAIR Commissioner shall act as the Presiding Officer.

In case the Chairpersons of the Congressional Committees on 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
honorarium, 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 existing laws and
regulations.

SECTION 9. The University President - The University shall be headed by a
President, who shall render full-time service. He/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/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 incumbent President of the
Surigao del Sur State University, if qualified, shall serve as the first President of the
Northeastern Mindanao State University.

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).

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/her office, the Board shall have the authority to designate and 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/her successor or the Officer-in-Charge shall serve only the
unexpired portion of the term.

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. The President of the
University shall be assisted by the Vice President/s, who shall be appointed by the
Board upon recommendation of the President.

SECTION 10. Heads of University Campuses — Campus Directors shall head
the University campuses and they shall render full-time service. They shall be
appointed by the Board upon recommendation of the search committee and the
University President, subject to the guidelines, qualifications and/or standards set by the
Board; Provided, That the incumbent University Administrators of the campuses shall
serve as Campus Directors of their respective campuses.

SECTION 11. 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 planning of the University.

SECTION 12. The Academic Council — There shall be an Academic Council, to
be composed of the President of the University, who shall act as Chairperson, and all
academic staff with the rank of at least assistant professor, as members.

SECTION 13. 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 meetings.

SECTION 14. The Treasurer of the University — The Treasurer of the Philippines
‘shall be the ex-officio Treasurer of the University.

SECTION 15. The 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 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,
cultural or community affiliation or ethnic origin.


SECTION 17. 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 of the Republic of the Philippines.

SECTION 18. 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 judgement of the head of 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 serfvices.

SECTION 19. Assets, Liabilities and Personnel — All assets, real and personal,
personnel and records of the Surigao del Sur State University, as well as liabilities or
obligations, are hereby transferred to the Northeastern Mindanao State University
(NeMSU). The positions, rights and security of tenure of faculty members and
personnel therein employed under existing laws prior to the conversion into NeMSU
shall be respected.

All parcels of land belonging to the government occupied by the SSDSU are hereby
declared to be property of the NeMSU, 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
national government.

SECTION 20. Appropriations - The amount necessary to carry out the provisions
of this Act shall be charged against the current year’s appropriations of Surigao del Sur
State University. 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 Surigao del Sur State University shall be included in the annual
General Appropriations Act

In addition to the regular appropriations and increases for the University under the
annual GAA, a University modernization program fund, hereinafter referred to as the
Fund, shall be appropriated in the amount of Two Hundred Million Pesos (P
200,000,000.00) per year for a period of five (5) years, and for creation of one hundred
(100) Faculty positions and thirty (30) Non-teaching positions to commence in the year
after the approval of this Act, which shall likewise be included in the annual GAA. The
Fund shall be used for the construction and improvement of University structure3s and
facilities, including the University thereafter mentioned in Section 19 of this Act.

SECTION 21. Development Plan, Management Audit,
Organizational/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 its corresponding program
budget to the CHED, for corresponding recommendation to the DBM;

b. Undergo a management audit in cooperation with the CHED; and

c. Accordingly set up its organizational, administrative as well as academic structure3,
including the appointment of the key officials of the University.

SECTION 22. CHED Monitoring and Evaluation - The CHED shall conduct
regular monitoring and evaluation to determine continuing compliance with the
requirements on University status. In the event that the Commission finds that the
University does not maintain compliance thereof, it shall submit the appropriate
recommendation for the revocation of the University status to the Senate Committee on
Education, Arts and Culture, and the House Committee on Higher and Technical
Education.

SECTION 23. Filing of Report — On or before the fifteenth (15) 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 24. Suppletory Application — The provisions of Republic Act No. 8292,
otherwise 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 25. 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 26. Implementing Rules and Regulations — The Board, in consultation
with the CHED, shall formulate the guidelines to fully implement the provisions of this
Act.

SECTION 27. 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.

SECTION 28. Effectivity — This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,