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Seventeenth Congress
Second Regular Session

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

REPUBLIC ACT No. 11033

AN ACT CONVERTING THE DAVAO ORIENTAL STATE COLLEGE OF SCIENCE AND TECHNOLOGY IN THE CITY OF MATI AND ALL ITS SATELLITE CAMPUSES LOCATED IN THE PROVINCE OF DAVAO ORIENTAL INTO A STATE UNIVERSITY TO BE KNOWN AS THE DAVAO ORIENTAL STATE UNIVERSITY, AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Conversion. – The Davao Oriental State College of Science and Technology in the City of Mati, including all of its existing satellite campuses, namely: Banaybanay Campus in the Municipality of Cateel, and San Isidro Campus in the Municipality of San Isidro, all located in the Province of Davao Oriental, is hereby converted into a state university to be known as the Davao Oriental State University. The main campus of the Davao Oriental State University, hereinafter referred to as the University, shall be in Mati City.

Section 2. General Mandate. – The University shall primarily provide advance education, higher technological, professional instruction and training in the fields of education, agricultural technology, agribusiness management, business administration, industrial technology, arts and sciences, health sciences, information technology, engineering and other relevant fields of study. It shall also undertake research, extension services, and provide progressive leadership in its areas of specialization.

Section 3. 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 Philippine Constitution.

Section 4. Curricular Offerings. – The University shall offer undergraduate, graduate and postgraduate programs and short-term courses in the fields of agriculture and environment studies, pure and applied sciences, behavioral and social sciences, law, culture and arts, tourism and business-related programs, nautical and maritime programs, industrial technology and engineering, education and teacher training, communication and information technology, health-related programs, developmental management and leadership programs, agricultural technology, agribusiness management, business administration, health sciences 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, particularly in meeting the needs of the Province of Davao Oriental and Region XI.

The University may operate a reasonably-sized laboratory school under its College of Education.

Section 5. Administration. – The University shall have the general powers of a corporation set forth in Batas Pambansa Blg. 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 6. The Governing Board. – The governing body of the University shall be the Board of Regents, hereinafter referred to as the Board, and 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 of 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 in Region XI, 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 (2) prominent citizens from the private sector who have distinguished themselves in their profession or fields of specialization, members.

The Board shall appoint the two (2) prominent citizens from among a list of at least five (5) qualified persons in the Province of Davao Oriental where the University and its campuses are located, as recommended by a search committee constituted by the President of the University, in consultation with the Chairperson of the CHED and other members of the Board, based on the 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 association 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.

Section 7. Powers and Duties of the Board of Regents. – In addition to its general powers of administration and the powers granted to the Board of Directors of a corporation under existing laws, the Board shall have the following specific powers and duties:

(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";

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

(d) To import economic, technical and cultural books and publications;

(e) 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;

(f) To fix the tuition fees and other necessary school charges including 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 a special trust fund and shall be deposited in any authorized government depository bank: Provided, That, all interests that shall accrue therefrom shall form part of the same funds for the use of the University.

Any provision of existing law, rule or regulation 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 or 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.

(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 the recommendation of the President of the University, the vice presidents, deans, directors, heads of campuses, faculty members and other officials and employees of the University;

(i) To fix and adjust the 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 the 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;

(j) To approve the curricula, instructional programs, and rules of discipline drawn by the Administrative Council and the Academic Council herein provided;

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

(l) 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 nontraditional courses;

(m) To establish and absorb non-chartered tertiary institutions within the Province of Davao Oriental 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;

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

(o) To establish professorial 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 for hereinabove to the President 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 the audit results and recommendations;

(r) To collaborate with other governing boards of state colleges and universities within the Province of Davao Oriental or Region XI, 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;

(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 capacity building with appropriate institutions and agencies, public and private, local and foreign, and to appoint experts or specialists as consultants, part-time, visiting or exchange professors, scholars or researchers, as the case may be;

(v) To adopt modern and innovative modes of transmitting knowledge such as the use of information technology, the dual training system, open distance learning, and community laboratory for the promotion of greater access to education;

(w) To establish policy guidelines and procedures for participative decision-making and transparency within the University;

(x) To privatize, where most advantageous to the University, the management of 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): Provided, That the President’s performance has been unanimously rated by the Board as outstanding, based on the guidelines, qualifications and standards it has set, and after unanimous recommendation by the search committee.

Section 8. 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 to the members, a maximum of two (2) special meetings within the same period.

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 case the CHED Chairperson cannot attend a meeting of the Board, a CHED Commissioner duly designated by the CHED Chairperson as representative to the meeting, shall have 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: Provided, further, That this proviso, notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular person of the Board, in which case, the said CHED Commissioner, as the regular Chairperson of the Board, in which case, the said CHED Commissioner, as the regular Chairperson of the Board, shall act as the presiding officer.

In case the Chairperson of the Senate Committee on Education, Arts and Culture and House Committee on Higher and Technical 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 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 for their attendance in the 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 rebder full-time service and who shall be appointed by the Board, subject to the guidelines, qualifications and standards set by the Board, upon recommendation of 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 the smooth transition to a state university, the incumbent president of the Davao Oriental State College of Science and Technology 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 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 the office, the Board shall designate an Officer-in-Charge (OIC) of the University within six (6) months from the date of vacancy, pending the appointment of the new President. The successor or the OIC shall serve only for 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 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 a Vice President for Academic Affairs and a Vice President for Academic Affairs and Vice President for Administration, who shall be appointed by the Board upon recommendation of the President of the University.

Section 10. The Secretary of the University. The Noard shall appoint a Secretary, who shall serve as such for both the Board and the University and who shall keep all record s and proceedings of the Board. The Secretary of the University shall serve upon each member of the Board the appropriate notice of the Board meetings.

Section 11. The Treasurer of the University. - The Treasurer of the Philippines shall be the ex officio Treasurer of the University.1âwphi1

Section 12. The 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 duties are to review and recommend to the Board the policies governing the administration, management and development planning of the University.

Section 13. The Academic Council. - There shall be ab 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 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 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.

Section 14. 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 said appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That no member of faculty shall teach for or against any particular church or religious sect.

Section 15. Scholarship Program and Admission. - The University shall provide a scholarship 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 gender, religion, cultural or community affiliation or ethnic origin.1âwphi1

Section 16. 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 are required of them by the President of the University, and time so employed shall be counted as part of their regular services.

Section 17. Assets, Liabilities and Personnel. - The assets, real and personal personnel and records of the Davao Oriental State College of Science and Technology, including those of the extension campuses in the municipalities of Banaybanay, Cateel and San Isidro, as well as liabilities or obligations, are hereby transferred to the University. The positions, rights and security of tenure of faculty 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 Davao Oriental State College of Science and Technology and its campuses in the municipalities of Banaybanay, Cateel San Isidro are hereby declared to be the property of the University, and shall be titled under that name: Provided, That 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 LGUs concerned.

Section 18. Tax Exemption on Importation and Donations. - The importation of economic, technical and cultural books or 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. 19863, 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, directly and exclusively by the University shall be exempt from donor's tax and the same shall be allowed as allowable deduction from the gross income of the donor for purposes of computing the taxable income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

Section 19. Appropriations. - The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of the Davao Oriental Statae College of Science and Technology. 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 13. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act, the DOST, in consultation with concerned agencies and other relevant stakeholders, shall promulgate the necessary rules and regulations for the effective implementatiton of this Act.

Section 14. Development Plan, Management Audit, and 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 key officials of the University.1âwphi1

Section 21. Filing of Report. - On or before the fifteenth (15^th) 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 House of Congress, a detailed report on the progress, conditions and needs of the University.

Section 22. 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 23. Compliance with CHED Requirements. - The provisions of this Act notwithstanding, the conversion of the institution into a state university shall become effective only upon the determination and declaration by the CHED, base on the recommendation of a panel of experts it shall constitute for the purpose, that the institution has complied with the requirements for a university status based on CHED Memorandum Order No. 46, series of 2012 (Policy Standards to Enhance Quality Assurance (QA) in Philippine Higher Education, through the Outcomes-Based and Typpology-Based QA): Provided, That the panel may issue such a recommendation when the institution has substantially complied with the requirements for the grant of university status.

The following operational requirements for a university, as established by the CHED, shall be complied with:

(a) Faculty members who possess relevant degrees in their areas of specialization, as required by the CHED, and shall have participated in research and development activities in their respective disciplines, as evidenced by refereed publications and other scholarly outputs;

(b) A comprehensive range of degree programs in all levels, from basic postsecondary to doctoral programs;

(c) Viable research programs in specific (disciplinal and multidisciplinary) areas of study that produce new knowledge, as evidenced by refereed publications, citations, inventions, and patents, among others;

(d) Comprehensive learning resources and support structures, to include libraries, practicum laboratories, relevant educational resources, and linkages with the relevant disciplinal and professional sectors, to allow students to explore basic, advance, even cutting edge knowledge in a wide range of disciplines or professions;

(e) Active and ongoing linkages and affiliation with other research institutions in various parts of the world that would ensure that the research activities of the university are functioning at current global standards; and

(f) Outreach activities that allow the students, faculty, and research staff to apply the new knowledge they generate to address specific social development problems broadly defined.

The institution shall retain its status prior to the effectivity of this Act until it is able to comply with the requirements provided herein.

Section 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 the University and its officials, whenever appropriate.

Section 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.

Section 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 thereby shall remain in full force effect. Section 27. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with provisions of this Act are hereby repealed or modified accordingly.

Section 28. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspapers of general circulation.

Approved,

AQUILINO "KOKO" PIMENTEL III
President of the Senate

PANTALEON D. ALVAREZ
Speaker of the House of Representatives

This Act was passed by the House of representatives as House Bill No. 7007 on February 13, 2018 and adopted by the Senate as an amendment to Senate Bill No. 1617 on May 16, 2018.

LUTGARDO B. BARBO
Secretary of Senate

CESAR STRAIT PAREJA
Secretary General
House of Representatives

Approved: May 28, 2018

RODRIGO ROA DUTERTE
President of the Philippines

The Lawphil Project - Arellano Law Foundation

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