PHILIPPINE LAWS, STATUTES & CODES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
ACT NO. 8468
|REPUBLIC ACT NO. 8468 - AN ACT
CONVERTING THE DON SEVERINO AGRICULTURAL COLLEGE IN THE MUNICIPALITY OF
INDANG, PROVINCE OF CAVITE INTO A STATE UNIVERSITY, TO BE KNOWN AS THE
CAVITE STATE UNIVERSITY
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1. The Don Severino Agricultural College in the
Municipality of Indang, Province of Cavite, is hereby converted into a
state university to be known as the Cavite State University,
hereinafter referred to as the University.
Sec. 2. The University shall primarily provide
advance instruction and professional training in agriculture, science
and technology, education and other related fields, undertake research
and extension services, and provide progressive leadership in these
Sec. 3. The University shall offer undergraduate,
graduate and short-term technical 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 and the region.
The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education, Culture and Sports:
provided, that the high school shall be allowed to remain and operate
within the campus of the University until the students shall have
completed their high school education: provided, further, that the
University may operate a reasonably-sized laboratory school, if it has
a college of education.
Sec. 4. The University shall have the general
powers of a corporation set forth in the Corporation Law. The
administration of the University and the exercise of its corporate
powers shall be vested exclusively in the Board of Regents.
Sec. 5. The governing body of the State University
shall be the Board of Regents, hereinafter referred to as the Board,
which shall be composed of the following:
(a) Chairman of the Commission on Higher Education
(b) President of the University, Vice Chairman;
(c) Chairman of the Committee on Education, Arts and
Culture of the Senate, member;
(d) Chairman of the Committee on Education and
Culture of the House of Representatives, member;
(e) Regional Director of the National Economic
Development Authority (NEDA), where the main campus of the University
is located, member;
(f) President of the federation of faculty
associations of the University, member;
(g) President of the federation of student councils
of the University, member;
(h) President of the alumni association of the
University, member; and
(i) Two (2) prominent citizens who have distinguished
themselves in their professions or fields of specialization of the
University, chosen from among a list of at least five (5) persons
qualified in the Province of Cavite, as recommended by the search
committee constituted by the University President, in consultation with
the Chairman of the CHED, based on the normal standards and
qualifications for the position, members.
The term of office of the President of the faculty associations, the
President of the federation of student councils and the President of
the alumni association shall be coterminous with their respective terms
The two (2) prominent citizens shall serve for a term of two (2) years.
In multi-campus universities, the faculty, alumni, and the student
council shall be represented by the presidents of federations.
In case of vacancy in the office of the president, the
officer-in-charge of the University designated by the Board shall serve
for the unexpired term only.
The President of the University, whose term may be terminated,
according to this Act, shall be entitled to full retirement benefits
under existing laws.
Sec. 6. The Board shall promulgate and implement
policies in accordance with the declared state policies on education
and other pertinent provisions of the Constitution on education,
agriculture, science and technology, as well as the policies, standards
and thrusts of CHED under Republic Act No. 7722.
Sec. 7. 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 law:
(a) To enact rules and regulations not contrary to
law as may be necessary to carry out the purpose and functions of the
(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, to carry out the powers and functions of
(c) To receive in trust, legacies, gifts and
donations of real and personal properties of all kinds and to
administer and dispose 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 all taxes and
shall be considered as deductible items from the income tax of the
(d) To fix the tuition fees and other necessary
school charges, such as but not limited to, matriculation fees,
graduation fees and laboratory fees, as the Board may deem proper to
impose, after due consultations with the involved sectors.
Such fees and charges, including government subsidies and other income
generated by the University, shall constitute special trust funds and
shall be deposited in any authorized government depository bank, and
all interests that shall accrue therefrom shall form part of the same
funds for the use of the University.
Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the University from tuition
fees and other charges, as well as from the operation of auxiliary
services and land grants, shall be retained by the University, and may
be disbursed by the Board for instruction, research, extension, or
other programs/projects of the University: provided, that all fiduciary
fees shall be disbursed for the specific purpose for which they are
If, for reason beyond its control, the University shall not be able to
pursue any projects for which 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;
(e) To adopt and implement a socialized scheme of
tuition and school fees for greater access to poor but deserving
(f) To authorize the construction or repair of its
buildings, machineries, equipment and other facilities and the purchase
and acquisition of real and personal properties, including necessary
supplies and materials and equipment. Purchases and other transactions
entered into by the University through the Board shall be exempt from
all taxes and duties;
(g) To appoint, upon recommendation of the President
of the University, vice presidents, deans, directors, and heads of
departments, and the appointments of faculty members and other
officials and employees of the University;
(h) To fix and adjust salaries of faculty members and
administrative officials and employees subject to the provisions of the
Revised Compensation and Position Classification System and other
pertinent budget and compensation laws governing hours of service, and
such other duties and conditions as it may deem proper; to grant them,
its discretion, leaves of absence under such regulations as it may
promulgate, any provisions of existing laws to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
(i) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(j) To set policies on admission and graduation of
(k) To award honorary degrees upon persons in
recognition of outstanding contribution in the field of agriculture or
any field of specialization within the academic competence of the
University and to authorize the award of certificate of completion of
non-degree and non-traditional courses;
(l) To establish and absorb tertiary institutions
within the Province of Cavite as branches, centers, stations, etc., 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
mandated by the Constitution;
(m) To establish research and extension centers of
the University where such will promote the development of the latter;
(n) To establish chairs in the University and to
provide fellowships for qualified faculty members and scholarships to
(o) 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 to expedite the
administration of the affairs of the University;
(p) To authorize an external management audit of the
institution, to be financed by CHED and to institute reforms, including
academic and structural changes, on the basis of audit results and
(q) To collaborate with other governing boards of
state universities and colleges within the Province of Cavite, under
the supervision of the CHED and in consultation with the DBM, the
restructuring of said colleges and universities to become more
efficient, relevant, productive, and competitive;
(r) 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 same;
(s) To develop consortia and other forms of linkages
with local government units, institutions and agencies, both public and
private, local and foreign, in furtherance of the purpose and
objectives of the University;
(t) 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, or visiting or exchange professors, scholars, researchers,
as the case may be;
(u) 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, community laboratory, etc.,
for the promotion of greater access to higher education;
(v) To establish policy guidelines and procedures for
participative decision-making and transparency within the University;
(w) To privatize, where most advantageous to the
University, management of nonacademic services such as health, food
building, grounds or property maintenance and similar such other
(x) 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 as
outstanding and upon unanimous recommendation by the search committee.
Sec. 8. The Board of Regents shall regularly
convene at least once every quarter. However, the Chairman of the Board
of Regents may, upon three (3) days' prior written notice, call a
special meeting whenever necessary.
A quorum of the Board shall consist of majority of all members holding
office at the time of the meeting: provided, however, that the Chairman
of the CHED, who is 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 represent him in the meeting with all the
rights and responsibilities of a regular member: provided, however,
that in the said meeting, the President of the University as Vice
Chairman shall be the presiding officer.
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 pertinent existing laws and regulations.
Sec. 9. The University shall be headed by a
President who shall render full-time service. He shall be appointed by
the Board upon the recommendation of a duly constituted search
committee. He shall hold office for a term of four (4) years,
extendible only for another four (4) years.
In case of vacancy in the office of the President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of
the President to perform the functions of his office, the Board shall
have the authority to designate an officer-in-charge of the University
pending the appointment of a new president.
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 State University shall be in
accordance with the Revised Compensation and Position Classification
System and shall be comparable to that being received by the presidents
of similar educational institutions of like standing.
Section 10. There shall be an administrative council
consisting of the President of the University as Chairman, the
vice-president(s), deans, directors and other officials of equal rank
whose duty is to implement the policies governing the administration,
management and development of the University, as approved by the Board.
Section 11. There shall be an academic council with
the President of the University as Chairman and all the members of the
instructional staff with the rank of not lower than assistant
professor, as members. The academic council shall have the power to
prescribe curricular offerings, subject to the approval of the Board.
It shall fix the requirements for admission to the University, as well
as for graduation and the conferring of degrees, subject to review
and/or approval by the Board through the President of the University.
It shall have disciplinary power over the students and shall formulate
academic policies and rules and regulations on discipline. Such
policies, rules and regulations shall be approved by the Board.
Section 12. The Board shall appoint a Secretary who
shall serve as such for both the Board and the University and shall
keep all records and proceedings of the Board. He shall communicate to
each member of the Board notice of meetings.
Section 13. The Treasurer of the Philippines shall be
the ex officio treasurer of the University.
Section 14. No religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty members of the
University: provided, however, that no member of the faculty shall
teach for or against any particular church or religious sect.
Section 15. In order to ensure the smooth transition
to a University, the incumbent President of the Don Severino
Agricultural College, if qualified, shall serve as the first President
of the University subject to the provision of Sec. 9 on the
Section 16. All assets, fixed and movable, personnel
and records of the Don Severino Agricultural College, as well as
liabilities or obligations, are hereby transmitted to the University:
provided, however, that the positions, rights and security of tenure of
personnel therein employed under existing laws prior to its conversion
to a university are not impaired: provided, further, that the
incumbents of the positions shall remain under the same status until
otherwise provided for by the Board. All parcels of land belonging to
the government, occupied by the Don Severino Agricultural College are
hereby declared to be the property of the University and shall be
titled under its name: provided, furthermore, that should the
University cease to exist or be abolished or such parcels of land
aforementioned be no longer needed by the University, the same shall
revert to the Province of Cavite.
Section 17. The heads of bureaus and offices of the
national government are hereby authorized to loan or transfer, upon
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 bureau or office, such
apparatus, equipment, supplies or services of such employees can be
spared without serious detriment to the public service. 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.
Section 18. The University shall provide a
scholarship program and other affirmative action programs to assist
poor but deserving students to qualify for admission to the University.
No student shall be denied admission to the University by reason of
sex, religion, cultural or community affiliation or ethnic origin.
Section 19. The University shall enjoy academic
Sec. 20. On or before the fifteenth day of the
second month after the opening of the regular classes each year, the
Board shall file with both Houses of Congress a detailed report on the
progress, condition and needs of the University.
Sec. 21. The University may accept the affiliation
and/or integration within its operation of any existing national school
within the province whose programs can contribute largely and
effectively to the attainment of its objectives, in coordination with
the CHED and in consultation with the DBM: provided, that funds,
properties and other assets, as well as obligations of the integrated
school shall be transferred to the University.
Sec. 22. The amount necessary to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Don Severino Agricultural College, except the sum
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 Don Severino State University shall be included
in the annual General Appropriations Act.
Sec. 23. Within the period of one hundred twenty
(120) days after the approval of this Act, the University shall
accomplish the following:
(1) Submit a five (5) year development plan,
including its corresponding program budget, to the CHED, for
appropriate recommendation to the DBM;
(2) Undergo a management audit in cooperation with
(3) Accordingly set up its organizational,
administrative as well as academic structure, including the
appointment/designation of university key officials; and
(4) Set in motion the establishment of at least four
(4) separate degree granting units, one of which is in the arts and
sciences and another, at the graduate level.
Sec. 24. Members of the faculty of the University
at the tertiary level, shall be exempt from any civil service
examination as a requisite for appointment, without prejudice to the
right of the Board to impose other professional examination
requirements intended to maintain high academic standards.
Sec. 25. The provisions of Republic Act No. 8292,
otherwise known as the "Higher Education Modernization Act of 1997,"
shall form as an integral part of this Act and together shall serve as
the governing charter of the University.
Sec. 26. All other powers, functions and
privileges, responsibilities and limitations to state universities
and/or its officials under existing laws shall be deemed granted to or
imposed upon the University and/or its officials whenever appropriate.
Sec. 27. All laws, presidential decrees, executive
orders, rules and regulations contrary or inconsistent with the
provisions of this Act are hereby repealed, amended or modified
Sec. 28. This Act shall take effect upon its
Approved: January 22, 1998
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