An Act Establishing the University of Science and Technology of Southern Philippines (USTSP), Providing for the Purpose the Amalgamation of the Mindanao University of Science and Technology (MUST) and the Misamis Oriental State College of Agriculture and Technology (MOSCAT), and Appropriating Funds Therefor

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

REPUBLIC ACT No. 10919

An Act Establishing the University of Science and Technology of Southern Philippines (USTSP), Providing for the Purpose the Amalgamation of the Mindanao University of Science and Technology (MUST) and the Misamis Oriental State College of Agriculture and Technology (MOSCAT), and Appropriating Funds Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "University of Science and Technology of Southern Philippines (USTSP) Act".

Section 2. Declaration of Policy. - It is the declared policy of the State to establish, maintain, and support a complete, adequate and integrated system of higher education relevant to the needs of the people and society, with primary focus on research and development for science and technology.

Section 3. Definition of Terms. - As used in this Act:

Section 4. Coverage. - This Act shall apply to and cover all colleges and units, academic or nonacademic of the MUST and the MOSCAT now collectively known as the USTSP, including the MUST campuses in Cagayan de Oro City, Jasaan, Misamis Oriental, and Alubijid, Misamis Oriental and the MOSCAT campus in Claveria, Misamis Oriental, the former Balubal Community College in Balubal, Cagayan de Oro City, and all other USTSP campuses that shall be established in the future. The main campus of the USTSP shall be in Alubijid, Misamis Oriental.

Section 5. General Mandate. - The USTSP, hereinafter referred to as the University, shall provide advance education, higher technological, professional and advance instruction in mathematics, science, technology, engineering, agriculture, and advance research and extension work in human resource development in critical science and technology skills and competencies required for global competitiveness.

Section 6. Curricular Offerings. - The University shall offer undergraduate, graduate, and postgraduate courses in the fields of mathematics, science and technology, engineering, and agriculture.

The University, however, shall be allowed to maintain and offer high school education with concentration in science and technology that will serve as feeder schools to science and technology courses of the University: Provided, That the total number of high school students in a given year shall not exceed five hundred (500).

Section 7. 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 who must render full-time service.

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

The administration of the Claveria Campus and the Cagayan de Oro Campus of the University is vested in the Chancellor of the campus insofar as authorized by the Board of Regents.

Section 8. 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:

The President of the Philippines shall appoint the four (4) prominent CEOs of national or multinational corporations and the two (2) prominent academicians from among a list prepared by the University President, in consultation with the Chairperson and other members of the Board, based on the standards and qualifications for the position.

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 serve in the Board only for the duration of their respective terms of office, as set forth in their respective constitutions and bylaws.

The four (4) prominent CEOs of national or multinational corporations shall serve for a term of four (4) years from the date of appointment while the two (2) prominent academicians shall serve for a term of two (2) years and may be reappointed by the President of the Philippines for another term.

Section 9. Rights and Responsibilities of Board Members. - The members of the Board shall have all the rights and responsibilities of a regular member of the Board as set forth in Batas Pambansa Blg. 68, as amended, otherwise known as "The Corporation Code of the Philippines".

The right of the students, faculty members and alumni presidents to be represented in the Board shall automatically rise from their election and qualification into their respective offices as student regent, faculty regent and alumni regent.

The private sector representatives must take their oaths of office as hereinafter provided for before they could assume as members of the Board.

Section 10. Representatives of Board Members Coming from the Government. - If the Chairpersons of the Senate Committee on Education, Arts and Culture and the House Committee on Higher and Technical Education, as well as the Secretaries of the NEDA and the DOST, are unable to attend any regular meeting or special session of the Board, they may designate in writing their representatives to the meeting which the designees shall present to the Board Secretary before the start of the meeting: Provided, That the NEDA and the DOST shall be represented by their respective Regional Directors. They shall be entitled to seat, voice and vote.

Section 11. Selection, Appointment and Qualifications of the Four (4) CEOs of National or Multinational Corporations and the Two (2) Prominent Academicians. - A search committee shall be formed and constituted by the President of the University, in consultation with the Chairperson of the Board. The search committee shall take charge of recruiting, consulting with potential candidates and recommending to the President of the University and the Chairperson of the Board at least six (6) prominent CEOs of private corporations and four (4) prominent academicians for possible appointment by the President of the Philippines as members, representing the national or multinational sector, and the academe. The search committee shall conduct a thorough background check of the candidates.

The search committee to be formed and constituted by the President of the University and approved by the Board Chairperson shall have five (5) members who shall elect from among themselves their Chairperson.

The members of the Board representing the private sector shall be Filipino citizens: Provided, That should a CEO be of foreign nationality, the CEO shall be represented by a Filipino member of the corporation. Upon appointment, they shall assume office after taking their oaths before the Chairperson of the Board or the Chairperson’s duly designated representative.

Section 12. Terms of Office. - The Chairperson/President/Head of faculty and alumni associations and the Student Regent shall serve in the Board only for the duration of their terms of office as set forth in their respective constitutions and bylaws: Provided, That in the event that the student representative loses status, either by graduation from the University, dismissal, transfer to another school, or other causes, a student representative shall be thus elected through an election conducted for the purpose.

Section 13. Meetings/Sessions. - The Board may hold either regular meetings or special sessions:

Board members may petition the Chairperson or Vice Chairperson in writing for the conduct of a special ession.

Section 14. Quorum. - A majority of all the members of the Board holding office at the time of its regular meeting or special session shall constitute a quorum for the said regular meeting or special session.

No regular meeting or special session of the Board, however, shall be validly held or could legally occur without the presence of either the Chairperson of the Board or the President of the University who is the Vice Chairperson thereof.

Section 15. Presiding Officer. - The CHED Chairperson, who is the Chairperson of the Board, shall preside over the regular meetings or special sessions thereof, except as hereinafter provided for.

In the absence of the CHED Chairperson, a CHED Commissioner duly designated in writing by the CHED Chairperson as regular Chairperson of the Board shall preside during regular meetings and special sessions of the Board: Provided, That in the absence of the CHED Commissioner duly designated as regular Chairperson of the Board, the President of the University, who is the Vice Chairperson of the Board, shall be the presiding officer.

Section 16. Entitlements and Reimbursements for the Chairperson, Vice Chairperson and Members of the Board. - The Chairperson, Vice Chairperson and members of the Board shall not receive any regular salary as such but they shall receive entitlements to actual allowances allowed by law, and reimbursement of necessary expenses incurred during or in conjunction with their attendance in the regular meetings or special sessions of the Board, or in connection with their performance of official business as members of the Board, duly authorized by the Board through a resolution.

Section 17. Powers and Duties of the Board. - The Board shall, in addition to its general powers of administration and the exercise of all the powers granted to a board of directors of a corporation under Section 36 of Batas Pambansa Blg. 68, exercise the following powers and duties:

Section 18. Selection and Appointment of the President of the University. - The President of the University shall be selected and appointed by the Board, upon the recommendation of the search committee duly constituted by it, pursuant to Section 19 of this Act.

Section 19. The Search Committee for the Presidency. - Within six (6) months before the expiration of the term of office of the incumbent President of the University, the Board shall constitute a Search Committee for the Presidency (SCP). The composition of the SCP shall be determined by the Board, taking into consideration representatives from the academic community, a private sector representative not in any way connected or associated with the University, the Philippine Association of State Universities and Colleges (PASUC) representative, and a CHED representative.

Section 20. Powers of the SCP. - The SCP so constituted shall recruit and screen applicants to the position of President and may devise its own procedures for the search. To this end, the SCP shall cause the publication of an open invitation to qualified persons in a newspaper of national circulation.

The SCP shall submit the names of at least three (3) nominees to the Board, citing therein the strengths and weaknesses of the nominees for guidance and information of the Board as well as the enumeration and description of the criteria and procedures employed in their search.

Section 21. Minimum Qualifications of the Applicant for the Presidency. - The applicant for the Presidency of the University must possess the qualifications and standards set by the Board.

Section 22. Appointment Papers. - After the Board shall have selected and appointed the new President, the appointment papers shall be signed by the CHED Chairperson or the CHED Commissioner who had been duly designated as regular Chairperson of the Board.Section 23. Term of Office. - The President of the University shall have a term of four (4) years, the beginning and end of which must be clearly specified in the appointment made by the Board.

Section 24. Reappointment. - The President of the University appointed under this Act shall be eligible for reappointment for another term only.

Section 25. Vacancy in the Office of the President. - In case of vacancy by reason of death, transfer, resignation, removal for cause or incapacity of the incumbent President to perform the functions of the office, the CHED Chairperson or the CHED Commissioner, as Chairperson of the Board, shall, within fifteen (15) days from the occurrence of such vacancy, designate an Officer-in-Charge (OIC) for the Office of the President (OP), subject to confirmation by the Board.

Section 26. Salary of the President. - The salary of the President of the University shall be determined by the Board and shall be comparable to that being received by the Presidents of similar educational institutions.

Section 27. Other Officers. - The President shall recommend to the Board the appointment of Vice Presidents of the University. The Vice Presidents shall assist the President in the administration of the University. Other officers of the University shall likewise be recommended by the President to the Board for appointment.

Section 28. Science and Technology Parks. - To strengthen industry linkages with the academe, the Alubijid and Claveria Campuses shall be designated as Science and Technology (S&T) Parks for the long-term development of the academic and research facilities of the University in strong partnership with the industries.

Section 29. Industry Incentives. - Industries willing to locate their operations in the University S&T Parks and to participate in the academic and research activities of the University may import duty-free items in connection with the joint academic and research activities as certified by the Board; Provided, That any expenditure incurred by the industry participants in connection with such collaborative projects shall be considered as allowable deductions from the gross income in the computation of the income tax of the industry participants, in accordance with the provisions of the National Internal Revenue Code (NIRC) of 1997, as amended.

Section 30. Long-Term Lease Agreement. - The participating industries and business entities shall enter into a long-term lease agreement with the Board in connection with their use of the land and property of the University through mutually agreed lease rates.

Section 31. Research and Development Collaboration. - The University shall be engaged as a research partner of partner industries and business entities from project conceptualization to technology prototyping. The University shall receive royalty from the industry participants in the event that the technology is commercialized in accordance with the Intellectual Property Rights (IPR) provisions. The University may allocate funds to support joint collaborative research with partner industries as well as to support basic academic research.

Section 32. Academic Development Collaboration. - National and multinational corporations that are locators in the S&T Park shall participate in the formulation of the curricular programs of the University as experts and practitioners in keeping with the "Developing A Curriculum (DACUM)" process for competency-based curriculum. Whenever applicable, the University shall institutionalize the dual training program in curricular offerings where students are expected to undergo a minimum of one (1) year industry training as part of the requirements for graduation. In addition, a business immersion program shall be established as part of faculty enrichment to allow participants to gain insights into actual business operations and for research purposes. Under the program, faculty members shall render service in partner entities and the same shall be considered as part of government service, notwithstanding existing Civil Service Laws on Detail and Secondment.

Section 33. The University Campuses. - The seat of administration of the University shall be established in the Alubijid, Misamis Oriental campus. The major campuses of the University shall be located in Cagayan de Oro City and Claveria, Misamis Oriental notwithstanding the addition of other major campuses in the event that other SUCs shall be amalgamated to the University. The existing campuses of the MUST in Jasaan, Misamis Oriental, Panaon and Oroquieta in Misamis Occidental shall be designated as satellite campuses of the University.

Section 34. Heads of University Campuses. - The major University campuses in Cagayan de Oro City and Claveria shall be headed by Chancellors, while the satellite campuses in Jasaan, Misamis Oriental, Panaon and Oroquieta in Misamis Occidental shall be headed by Campus Directors who shall be appointed by the Board upon the recommendation of the President and a search committee established for this purpose.

Section 35. Tenure and Terms of Office. - The appointed Chancellors of the major campuses of the University shall serve for a period of four (4) years and may be reappointed. The appointed Campus Directors shall serve for a period of two (2) years and may be reappointed upon the recommendation of the University President.

Section 36. Board Secretary. - The Board shall appoint a Board Secretary, who shall likewise act as the University Secretary, to be appointed by the Board upon the recommendation of the University President.

The Board Secretary shall keep all official records of the University and send the notices of all regular meetings, special sessions and other undertakings of the Board.

Section 37. Ex Officio Treasurer. - The Treasurer of the Philippines shall be the ex officio Treasurer of the University.

Section 38. Audit. - All accounts and expenses of the University shall be audited by the COA or its duly authorized representative.

Section 39. Administrative Council. - There shall be created in the University an Administrative Council (ADCO) which shall be composed of the President as Chairperson and, with its chancellors, vice president(s), deans, directors, and other officials of equal rank, as members. The President of the University, as Chairperson thereof, shall constitute the ADCO.

Section 40. Duty of the ADCO. - The ADCO of the University so formed and constituted shall review and recommend, in accordance with the direction of the Board, appropriate policies governing the administration, management and development planning of the University.

Section 41. Academic Council. - There shall be established and constituted in the University an Academic Council (AC) with its President, as Chairperson, and all the members of faculty with the rank of not lower than assistant professor, as members.

Section 42. Powers of the AC. - In accordance with Section 4, paragraphs (o) and (v) of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997", the AC shall exercise the following powers:

Section 43. Industry-Academe Council. - There shall be established an advisory body to be called the Industry-Academe Council (IAC), composed of the members of the instructional staff with the rank not lower than professor, and two (2) members representing the business entities located in the S&T Park. It shall be chaired by the President of the University. The IAC shall exercise the following powers:

Section 44. Academic Freedom and Institutional Autonomy. - The University shall enjoy academic freedom and institutional autonomy as provided for in Batas Pambansa Big. 232, otherwise known as the "Education Act of 1982", Republic Act No. 8292, and paragraph 2, Section 5, Article XTV of the 1987 Constitution.

Section 45. The Faculty. - No political belief, 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 no member of the faculty shall teach for or against any particular church or religious sect.

Section 46. Appointments. - Appointments of faculty shall be subject to the guidelines and qualifications and/or standards set by the Board. The faculty of the University shall be recruited from among the most qualified scientists, engineers, and technologists domestically and internationally. The University shall observe and comply with the provisions of the salary standardization law and the scientific career system and shall continue to receive subsidy from the national government, including salary increases given to government employees in order to ensure the recruitment of the best minds in science and technology all over the world to deliver the mandated functions of the University.

Section 47. Nondiscrimination in Admission of Students. - No student shall be discriminated against and denied admission to the University by reason of sex, nationality, religion, political affiliation, or physical disability.

Section 48. Scholarship Program. - 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 or its extension campuses.

Section 49. Enhancement of Theater Arts Program. - To promote and preserve culture and arts, especially local practices and rites and indigenous practices of Mindanao, and to develop talents of students and University personnel alike, the existing University theater arts program shall be enhanced and strengthened.

Section 50. Tax Exemptions. - The provisions of any general or special law to the contrary notwithstanding:

Section 51. Appropriations. - The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the MUST and the MOSCAT, 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 University shall be included in the annual General Appropriations Act.

Section 52. Assets and Liabilities. - All assets and liabilities of the MUST and the MOSCAT shall be transferred to the University.

Section 53. Transitory Provision. - For purposes of smooth transition into its University status, the incumbent President of the MUST shall serve a new first term as the President of the University and the concurrent Chancellor of the Cagayan de Oro Campus of the University while the incumbent President of the MOSCAT shall serve a new first term as the first Chancellor of the Claveria Campus of the University.

Section 54. Academic Programs. - Except for the theater arts program mandated in Section 49 of this Act, all non-S&T academic programs shall be gradually phased out for a period of four (4) years to be replaced by S&T programs as approved by the Board of the University.

Section 55. Annual Report. - On or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year, the President of the University shall file with the Office of the President of the Philippines, through the Office of the CHED Chairperson or the CHED Commissioner serving as Chairperson of the Board, and with the Senate and House of Representatives of the Congress of the Philippines, through the Senate Committee on Education, Arts and Culture and the House Committee on Higher and Technical Education, a detailed report on the progress, condition and needs of the University.

Section 56. Development Plan, Management Audit, Organizational/Administrative/Academic Structure - Within one hundred twenty (120) days after the approval of this Act, the University shall accomplish the following:

Section 57. Suppletory Application. - For purposes of this Act, Republic Act No. 8292 (Higher Education Modernization Act of 1997), and other applicable laws shall have suppletory application.

Section 58. Implementing Rules and Regulations. - Within sixty (60) days upon the effectivity of this Act, the Board shall formulate the guidelines to fully implement the provisions of this Act.

Section 59. 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 60. 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.

Section 61. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

FRANKLIN M. DRILON
President of the Senate

FELICIANO BELMONTE, JR.
Speaker of the House of Representatives

This Act which originated in the House of Representatives   was passed by the House of Representatives and the Senate on October 9, 2015 and May 23, 2016, respectively.

OSCAR G. YABES
Secretary of the Senate

MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: July 21, 2016

(Sgd.) BENIGNO S. AQUINO, III
President of the Philippines