Republic of the Philippines’
HOUSE OF REPRESENTATIVES
Quezon City 1

19" Congress
1* Regular Session

1366

House Bill No.

Introduced by: Hon. Margarita Ignacia B Nograles
T
Explanatory Note

In the 12" Congress, then Congressman Hussin U. Amin of the 1* District of
Sulu, filed House bill No. 5878 which sought to convert Sulu State College (SSC) into a
university. This was approved in the Committee and was eventually approved by the
House of Representatives on third and final reading, unfortunately, time constraints
prevented action by the Senate on the bill.

Today, six Congresses have passed or after 18 years, the people of Sulu have
continued to aspire and to pray that Congress finally enact a law converting the Sulu
State College into a university. J

The significance of having a university in ones own province cannot be
understated. A center of higher learning where the youth and its people are assured of
access of high quality education is one of the proven keys to development and
progress. Recognizing this, the people of the Province of Sulu through their leaders are
relentless in pursuing the conversion of the only state college of the province into a
university that will bear its illustrious and historic name - Sulu.

A university in the Province of Sulu will definitely spur development in the area
benefiting not only Sulu but also its neighboring provinces of Tawi-Tawi and Basilan.

The people of Sulu have patiently waited. And they will wait no more. Through
this bill, the aspiration of the people of Sulu to have a university to be called their own
will be fulfilled.

The approval of this bill is therefore earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19" Congress
4 Regular Session

House Bill No, 1366

Introduced by: _ Hon. Margarita ignacia B. Nograles,

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
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 Board, which shall be composed of the
following: i


a. The Chairman of the Commission on Higher Education (CHED), as the
Chairman;
b. The President of the University, as Vice-Chairman;
¢. The Chairman of the Committee on Education, Arts and Culture of the
Senate, as Member;
d. The Chairman of the Committee on Higher and Technical Education of the
House of Representatives, as Member,
. The Chairman of the Commission on Higher Education-BARMM, as
Member;
The Secretary of 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 prominent citizens from among a 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 prominent citizens shall serve for a term of two (2) years from date of
appointment.

The term of the President of the Faculty Association, the President of the
‘Student Council and the President of the Alumni Association shall be coterminous 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 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”.

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 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,

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, as amended,

d. To receive in trust legacies, gifts and conations 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 tax of
the donor in accordance with the provisions of the National Internal Revenue
Code (NIRC), as amended. Provided, That such donations shall not be
disposed of, transferred or sold,

e. To fix the tuition 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 depositary bank and all
interests that shall accrue therefrom shall from 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 form 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
feasons 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,

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

g. To authorize the construction or repair of its buildings, machinery,
equipment and other facilities, and the purchase and acquisition of real
property, including necessary supplies, materials and equipment

h. To appoint upon recommendation of the President of the University, Vice
Presidents, Deans, Directors, and 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 governing hours of servi¢e 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,

j. To approve the curricula, instructional programs and rules of discipline
drawn by the administrative and academic councils herein provided,

k. To set polices 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 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 ot 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
s0 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 COA rules and regulations, and to institute reforms,
including academic and structural changes on the basis of the audit results
and recommendations, J
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
and 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,

. 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, /

. To establish policy guidelines and procedures for participative decision
making and transparency within the University,

.. 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

. 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

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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 whenever 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 the
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
Tepresent 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 as Vice-
Chairman shall be the Presiding Officer. Provided further, that the proviso
notwithstanding, the Chairman of the CHED is hereby authorized to designate a CHED
Commissioner as the regular Chair of the Board, in which case said CHED
Commissioner shall act as 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 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 connectioh 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 Presifient 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).
i

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

In case of vacancy in the office of the President of the University by reason of death,
compulsory retirement, 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 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 successor or the officer-in-charge shall hold office for the
unexpired term only.

The powers and duties of the President of the University, in addition to those
specifically provided in this Act shall be those usually pertaining to the office of the
President similar to universities and those delegated by the Board.

The salary 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
that 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 Treasurer of the University. -The Treasurer 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 as for their graduation
and conferment of degrees, subject to the review and approval of the Board through
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 on 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

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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 them 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
incumbents of the positions shall remain in the same status until otherwise provided
for by the Board: Provided, finally, That the University shall also include an upgrade or
increase in its human resource component.

All parcels of land belonging to the government occupied by the Sulu State College
are hereby declared to be property of the University, and shall be titled under its
name: Provided, That should the University cease to exist or be abolished or should
such 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 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.

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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,
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;

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

(c) 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 (15th) 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 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 be an
integral part of this Act and 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 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 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,