Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5164

Introduced by: HON, SHERNEE A, TAN

EXPLANATORY NOTE

The Constitution explicitly provides that the “State shall give priority to education,
science and technology, arts, culture, and sports to foster patriotism, accelerate social
progress, and promote total human liberation and development.”

In pursuance of this Constitutional mandate, our government allocates every year the
highest budgetary priority 10 education knowing fully well that investment in knowledge
always pays the best interest and it is, for the poor, the ticket out of poverty to good station
in life

It is @ well-known fact however, that institutions of higher learning have grown
significantly in number over the years and majority of these institutions are concentrated in
highly urbanized cities and the more affluent provinces in the country. The most expensive
university buildings with well-equipped facilities and the most curriculum are found in
Metro Manila and the adjoining cities and provinces in the National Capital Region

This situation effectively limits the educational opportunities available for the poor
but deserving Mindanaoans who cannot afford the prohibitive private tertiary education
offered in those schools. Education for Mindanaoans, particularly in the Proviace of Sulu, i
fast becoming an exclusive privilege for those who can readily afford to pay the expensive
fees and other related expenses as a result of living in the cities outside of their own
province

The growing number of rebels or secessionists in this province maybe attributable to
the lack of opportunities of the people, particularly the poor, to pursue college education
where they can freely choose the course suitable to their needs. It is better for the
government to invest more in education that will help enlighten the people of their important
role in the government than to procure more arms that will kill poor people

This bill therefore seeks to convert the Sulu State College (SSC) in the Municipality
of Jolo, Province of Sulu into a state university to be known as the Sulu State University
(SSU),


The conversion of the Sulu State College into Sulu State University will certainly
provide refuge for students from poor families in this part of the country for the reason that
university education outside of the province entails collateral expenses such as boarding
house rentals, food, transportation and miscellaneous expenses

This bill is a concrete gesture to the growing clamor of the people in the Province of
Sulu to have a quality and affordable tertiary educational institution accessible to all

The foregoing reasons warrant the immediate approval of this bill.

Kusug


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRE!

First Regular Session

House Bill No, 5164

HO!

NEE A, TAN

AN ACT
CONVERTING THE SULU STATE COLLEGE (SSC) IN
SULU INTO A STATE UNIVERSITY TO BE KNOWN AS TH
UNIVERSITY (SSU) AND APPROPRIATING FUNDS THEREFOR

E PROVINCE OF
SULU STATE

Be it enacted by the Senate and 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, hereinafier referred to as the University located in the Municipality of Jolo,
Province of Sulu.

SEC. 2. General Mandate. ~ The University shall primarily provide advanced
education, higher technological, professional instruction and training in the fields of
agriculture, fisheries, forestry, engineering, arts and sciences, education, business
administration and management, health sciences and other relevant fields of study. It
shall also undertake research, extension services and production activities in support of
the socio-economic development of the Province of Sulu, and provide progressive
leadership in its areas of specialization.

SEC. 3. deadlemic Freedom and Institutional Autonomy, ~ The University shall
enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5
of Article XLV of the Constitution of the Republic of the Philippines

SEC. 4. Curricular Offerings. — The University shall offer undergraduate,
graduate and short-term courses within its areas of specialization and according to its
capabilities, as the Board of Regents may deem necessary to carry out its objectives.
particularly in order to meet the needs of the Province of Sulu and the Autonomous

Region in Muslim Mindanao (ARMM).

That University shall maintain and operate the existing Laboratory High School,
as part of the College of Education in the main campus.


SEC. 5, Adminisiration, — The University shall have the general powers of a
corporation set forth in Batas Pambansa Blg. 68, as amended, otherwise known as the
orporation 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 insofar as authorized by the Board

SEC. 6, The Governing Board. — The governing body 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, member,

(A) The Chairperson of the Committee on Higher and Technical Education of
the House of Representatives, member

(c) The Regional Director of the National Economic and Development
Authority (NEDA), member,

(i) The President of the federation of the faculty associations of the
University, member,

(g) The President of the federation of student councils of the University,
member,

(h) ‘The President of the federation of alumni associations of the University
member; and
(i) Two (2) prominent citizens from the private sector who have distinguished

themselves in their profession or fields of specialization of the University, members.

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

The term of oflice 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 By-laws

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

SEC, 7. Powers 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 and implement policies in accordance with the declared
State policies and the provisions of the Philippine 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” and
Republic Act No, 8292 otherwise known as the “Higher Education Act of 1997";

(b) To promulgate rules and regulations not contrary to law as may be
necessary to carry out the purposes and functions of the University:

(c) 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 funetions of the University;

(dy To import economic, technical and cultural books and/or publications,

(c) 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, ifany

() To fix the tition fees and other necessary school charges, such as
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 accrué there
shall form part of the same funds for the use of the University

Any provision of existing laws, rules and regulations to the contr
notwithstanding, any income generated by the University from tuition fees and other
charges, as well as fron 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 an
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;

(g) To adopt and implement a socialized scheme of tuition and school fees for
greater access to poor but deserving students,

(h) 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:



(i) 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:

(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 including those
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,

(k) To approve the curricula, instructional programs and rules of discipline
drawn by the Administrative and the Academic Councils herein provided,

(1) To set policies on admission and graduation of students;

(m) 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 nontraditional courses,

(n) 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;

(0) To establish research and extension centers of the University where such
will promote the development of the latter

(p) To establish professorial chairs in the University and to provide
fellowships for qualified faculty members and scholarships to deserving students

(q) To 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 10
expedite the administration of the affairs of the University

(1) To authorize an external mana
financed by the CHED.

ment audit of the University, to be

ject to the rules and regulations of the Commission on Audit
(COA); and to institute reforms, including academic and structural changes, on the basis

of the audit results and recommendations;

(s) To collaborate with other governing boards of state colleges and
universities within the Province of Sulu or Region VI, 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:

6


(1) 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;

(u) 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

(vy) 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;

(w) 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 10
education;

(x) To establish policy guidelines and procedures for participative decision-
making and transparency within the Universit

(y) 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

(2) 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 recommendation by the search
committee for the president of the institution concerned

. 8. Pronulgation 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 Philippine Constitution on education,
science and technology, arts, culture and sports: as well as the policies, standards and
thrusts of the CHED under Republic Act No. 7722,

SEC. 9, Meetings of the Board. ~ The Board shall regularly convene once every
three (3) months. Whenever necessary, the Chairperson of the Board may call, upon three
(3) days’ prior written notice, 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, ‘That the Chairperson of the Board or the President
of the University is among those present in the meeting


The Chairperson of the CHED who cannot attend a meeting of the Board shall
duly designate a CHED Commissioner as representative, with all the rights and
responsibilities of a regular member: Provided. however, That in the said meeting, the
president of the University as vice chairperson shall be the presiding officer, Provicled,
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 on Education shall not
be able to attend the Board meeting, they may duly designate their respective
representatives to attend the meeting, who shall have the same rights and responsibilities
asa 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 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.

. 10. Phe University Presiden. — The University shall be headed by a
President, who shall render full-time service, He 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, The University President 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

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

Within six (6) months before the expiration of the term of office of the incumbent
President, the Board shall constitute the Search Committee for the Presidency (SCP).

In case of vacaney 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 the office, the Board shall designate an Officer-in-Charge of the University
within six (6) months from date of vacancy. pending the appointment of a new President
The 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, as modified by Joint
Resolution No. 4 dated June 17, 2009 and other pertinent budget and compensation laws,
and shall be comparable to that being received by the Presidents of similar educational
institutions.



SEC. 11, 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, The Secretary shall serve upon cach member of the Board
the appropriate notice of the Board meetings

SEC. 12. The Treasurer of the University he Treasurer of the Philippines
shall be the ex- officio Treasurer of the University

SEC. 13. The Administrative Council. — There s
consisting of the President of the University as Chairperson, vice presidents, deans
directors and other officials of equal rank as members, whose duties are to review and
recommend to the Board policies governing the administration, management and
clovelopment planning of the University

hall be an Administrative Council

SEC. 14, The Academie Council. ~ There shall be an Academic Council to be
composed of the President of the University, who shall act as Chairperson, and all
academic stalf 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 stucents, as well as for their
graduation and conferment of degrees, subject to review and approval by the Board
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 regulations on
discipline, subject to the approval of the Board of Regents

SEC. 15. The Faculty. No political beliefs, gender preference, cultural ot
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 standards set
by the Board: Provided, further, That no member of the faculty shall teach for or against
any particular church or religious sect

*. 16, Scholarship Program Admission, ~ ‘The University shall provide a
scholarship program and other affirmative action programs to assist poor but deserving
students who quality for admission to the University

No student shall be denied admission to the University by reason of gender,

religion, cultural or community affiliation or ethnic origin

SEC. 17. Authority 10 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

9


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 services

SEC. 18, Assets, Liabilisies 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, The positions, rights and security of tenure of
facully 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 occupied by the Sulu State
College, including its extension campuses are hereby transferred to the University, anc
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 local government units concerned.

SEC. 19, Tax Exemption on Importation and Donations, The importation of
economic, technical and cultural books or publication, which are for economie, technical
vocational, scientific, philosophical, historical or cultural purposes made by the
University upon certification by the CHED shall be exempt trom customs duties in
accordance with the provisions of the Tariff’ and Customs Code of the Philippines, as
amended.

Donations in any form to the University shall be exempt trom the 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, except the sums needed to continue the operations of the existing high schools
Thereafter, such sums as may be necessary for the continued operation and maintenance
of the University shal] be included in the annual General Appropriations Act

SEC, 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) Set up its organizational, administrative as well as academic structure,
including the appointment of the key officials of the University

SEC, 22. Filing of Report, On or before the fifteenth (15th) day of the second
(2nd) month after the opening of the regular classes each year. the Board shall file with
the Oflice 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

lo


SEC. 23. Suppletory Application, — The provisions of Republic Act No. 8292,
otherwise known as the “Higher Education Modernization Act of 1997", shall be an
imegral part of this Act and shall serve as part of the Governing Charter of the
University

24. Parny 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 and its officials whenever
appropriate

. 25, Implememing Rules and Regulations. — The Board, in consultation with
the CHED, shall formulate the rules and regulations to fully implement the provisions of
this Act

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

See. 27. Separability Clause. — Uf, 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, 28. Hiffectivity, ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved,