Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL Nd-990

Introduced by Representative Nicasio M. Aliping, Jr.

EXPLANATORY NOTE

The City of Baguio prides itself as the “Educational Center of the North”, but tertiary
education is not as freely accessible to its residents who are poor but deserving, Indigent
families in the city ordinarily avail of free public education for their children, which is
provided up to the secondary level. Thereafter, their children could no longer pursue higher
studies for lack of financial resources.

The city’s population of about 350,000 residents dramatically increases to more than
500,000 as the regular school year starts. The increase is attributed to the influx of transient
residents composed mainly of students who enroll in the colleges and universities located in
Baguio City. Students who come from outlying provinces form the bulk of the student
population of the institutes of higher learning. They are those who belong to families who can
afford to send their children to private institutions in the city for their college education.

This bill aims to provide equal access to quality college education to the children of
less fortunate families residing in Baguio City and its environs. These are the families who do
not have the financial means but whose children nonetheless deserve to continue their studies
until the college level

In line with Section 1, Article XIV of the Constitution which provides that “The State
shall protect and promote the right of all citizens 10 quality education at all levels and shall
take appropriate steps to make such education accessible to all.” the immediate passage of
this Bill is earnestly requested.



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1990

Introduced by Representative

io M. Aliping, Jr.

AN ACT
ESTABLISHING A CITY PUBLIC COLLEGE IN THE CITY OF
BAGUIO TO BE KNOWN AS THE PAMANTASAN NG LUNGSOD NG
BAGUIO AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Establishment. — There is hereby established a city public college in the
City of Baguio to be known as the Pamantasan ng Lungsod ng Baguio, hereinafter referred to
as the College.

SEC. 2. General Mandate. ~ The College shall primarily provide advanced education,
higher technological, professional instruction and training in the arts and sciences, education,
engineering and architecture, information and communications technology, forestry and
environmental studies, business, tourism, and other relevant fields of study. It shall also
undertake research and extension services and programs in food production, nutrition, health,
and sports development and provide progressive leadership in its areas of specialization.

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

SEC. 4. Curricular Offerings. ~ The College shall offer undergraduate and graduate
studies in the fields of science, the arts, education, engineering and architecture, information
and communications technology, forestry and environmental studies, commerce, hotel and
restaurant management, and other degrees or courses within its areas of specialization and
according to its capabilities, as the Board of Trustees may deem necessary to carry out its


objectives in order to meet the needs of the City of Baguio and the Cordilleras. The College
shall maintain and operate a reasonably-sized laboratory school under its Institute of
Education.

SEC. 5. Administration. ~ The College shall have the general powers of a corporation
set forth in Batas Pambansa Blg 68, otherwise known as the “Corporation Code of the
Philippines”. The administration of the College and the exercise of its corporate powers shall
be vested exclusively in the Board of Trustees and the President of the College

SEC. 6. The Governing Board. ~ The governing Board of the College shall be the
Board of Trustees, hereinafter referred to as the Board, which shall be composed of the
following

(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson;

(b) The President of the College, Vice Chairperson;

(c) The Chairperson of the Committee on 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,

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

( The Regional Director of the Department of Science and Technology (DOST),
Member,

(g) The President of the faculty association of the College, Member,

(h) The President of the student council of the College, Member;

(i) The President of the alumni association of the College, Member,

() Two (2) prominent citizens from the private sector who have distinguished
themselves in their profession or field of specialization, Members, and

(k) The Mayor of the City of Baguio, ex-officio Member.

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

The President of the faculty association, the President of the student council and the
President of the alumni association 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 two (2) prominent citizens shall serve for a term of two (2) years from the date of
their appointment.

SEC. 7. Powers and Duties of the Board of Trustees. ~ The Board shall have the
following specific powers and duties, in addition to its general powers of administration and

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the exercise of all the powers granted to the board of directors of a corporation under existing
laws:

(@) To promulgate and implement policies in accordance with the declared State
policies on education and other pertinent provisions of the Philippine Constitution on
education, science and technology, arts, culture and sports, as well as the policies, standards
and thrusts of the CHED under Republic Act No. 7722, otherwise known as the “Higher
Education Act of 1994”,

(6) To promulgate rules and regulations not contrary to law as may be necessary
to carry out the purposes and functions of the College;

(©) To receive and appropriate all sums as may be provided for the support of the
College, in the manner it may determine in its discretion, in order to carry out the purposes
and functions of the College;

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

(©) 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
College, and subject to the limitations, directions and instructions of the donor, if any;

( 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 College, 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 College.

Any provision of existing laws, rules and regulations to the contrary notwithstanding,
any income generated by the College from tuition fees and other charges, as well as from the
operation of auxiliary services and land grants, shall be retained by the College and may be
disbursed by the Board for instruction, research, extension or other programs or projects of
the College: Provided, That all fiduciary fees shall be disbursed for the specific purposes for
which these are collected

If, for reasons beyond its control, the College shall not be able to pursue any project
for which funds have been appropriated and allocated under its approved programs 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 College:


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

Tuition and other school fees shall be free for students who come from indigent
families from the 128 Barangays of Baguio City: Provided, That they graduated from any of
the public high schools in Baguio City, and: Provided, further, that they are certified by the
Barangay where they reside as belonging to indigent families who are permanent residents of
Baguio City,

(b) To authorize the construction or repair of its buildings, machinery, equipment
and other facilities, and the purchase and acquisition of real and personal properties,
including necessary supplies, materials and equipment;

(i) To appoint, upon recommendation of the President of the College, Vice
Presidents, deans, directors, heads of departments, faculty members and other officials and
employees of the College;

() 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, at its discretion, leaves
of absence under such regulations as it may promulgate, any provision of existing laws to the
contrary notwithstanding, and to remove them for cause in accordance with the requirements
of due process of law;

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

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

(m) To award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of education, public service, arts, science and technology, or in any
field of specialization within the academic competence of the College; and to authorize the
awarding of certificates of completion of non-degree and non-traditional courses;

(n) To establish and absorb non-chartered tertiary institutions within the City of
Baguio as branches and extension 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 and greater access to educational opportunities as
mandated by the Constitution;

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


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

(q) To delegate any of its powers and duties to the President and other officials of
the College as it may deem appropriate, so as to expedite the administration of the affairs of
the College;

(To authorize an external management audit of the College, 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;

(8) To collaborate with other governing boards of state universities and colleges
within the City of Baguio or the Cordillera Administrative Region, under the supervision of
the CHED and in consultation with the DBM, and work towards the restructuring of the
College to become more efficient, relevant, productive and competitive;

(®) To enter into joint ventures with business and industry for the profitable
development or management of the economic assets of the College, the proceeds of which
shall be used for the development and strengthening of the College;

(u) To develop consortia and other forms of economic linkages with the City
Government of Baguio and other local government units (LGUs), institutions and agencies,
both public and private, local and foreign, in furtherance of the purposes and objectives of the
College;

(v) To develop academic arrangements for institutional capability building with
appropriate institutions and agencies, both public and private, local and foreign, and to
appoint experts or specialists as consultants, part-time or visiting or exchange professors,
scholars or researchers, as the case may be;

(w) To set up the adoption of modern and innovative modes of transmitting
knowledge such as the use of information technology, the dual learning system, open learning
or distance education and community laboratory for the promotion of greater access to higher
education and graduate studies;

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

(y) To privatize, where most advantageous to the College, the management of
non-academic services such as health, food, building or grounds or property maintenance and
such other similar activities; and


(2) To extend the term of the President of the College beyond the age of
retirement, but not beyond the age of seventy (70), whose performance has been unanimously
rated by the Board as outstanding, based on the guidelines, qualifications and standards set by
the Board, after unanimous recommendation by the search committee.

SEC. 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, 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, That the Chairperson of the Board or the President of the
College is among those present in the meeting

In the absence of the Chairperson of the Board, the Chairperson of the CHED shall

designate a Commissioner of the CHED as representative with all the rights and
responsibilities of a regular member: Provided, however, That during this meeting, the
President of the College 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 Chair of the Board, in which case said
CHED Commissioner shall act as the Presiding Officer.

In case the Chairpersons of the Congressional Committees on Education shall not be
able to attend the Board meeting, they may duly designate their respective representatives to
attend the said 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 in their attendance to
meetings of the Board or in connection with other official business authorized by resolution
of the Board, subject to existing laws and regulations.

SEC. 9. The College President. ~ The College shall be headed by a President who
shall render fulltime service and who shall be appointed by the Board, subject to the
guidelines, qualifications and standards set by the Board, upon recommendation of a duly
constituted search committee. The College President shall have a term of four (4) years and
shall be eligible for reappointment for another term.

Pending the appointment of the first President of the College, the Chairperson of the
CHED shall appoint an Officer-in-Charge of the College.

The Board shall constitute the Search Committee for the Presidency (SCP) within six
(6) months from the appointment of the Officer-in-Charge of the College, and thereafter
within six (6) months before the expiration of the term of office of the incumbent President.


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 of the College within
six (6) months from the date of vacancy, pending the appointment of a new President, The
successor or the Officer-in-Charge shall serve only the unexpired portion of the term.

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

The salary of the President of the College 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.

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

SEC. 10. The Administrative Council. ~ There shall be an Administrative Council
consisting of the President of the College as Chairperson, Vice Presidents, deans, directors,
administrators and other officials of equal rank as members, whose duty is to review and
recommend to the Board the policies governing the administration, management and
development planning of the College.

SEC. 11. The Academic Council. ~ There shall be an Academic Council to be
composed of the President of the College, as Chairperson, and all the 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 College, subject to approval by 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 College
It shall have the disciplinary power over students of the College and shall formulate academic
policies and rules and regulations on discipline, subject to approval by the Board.

SEC. 12. The Secretary of the College. ~ The Board shall appoint a Secretary who
shall serve as such for both the Board and the College and who shall keep all records and
proceedings of the Board. The Secretary shall serve the appropriate notice of Board meetings
upon each member of the Board.

SEC. 13. The Treasurer of the College. ~ The Treasurer of the City Government of
Baguio shall be the ex officio Treasurer of the College


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

SEC. 15. Scholarship Program and Admission. ~ The College shall provide a
scholarship program and other affirmative action programs to assist poor but deserving
students who qualify for admission to the College

Graduates of the public high schools in Baguio City who come from indigent families
permanently residing in the city as certified by the Barangay where they reside shall be
admitted to the College free of charge

No student shall be denied admission to the College by reason of sex, religion,
cultural or community affiliation or ethnic origin

SEC. 16. Authority to Loan or Transfer Apparatus, Equipment or Supplies and Detail
of Personnel. ~ The heads of the bureaus and offices of the national government are hereby
authorized to loan or transfer, upon request of the President of the College, such apparatus,
equipment or supplies as may be needed by the College, and to detail employees for duty
therein when, in the judgment of the head of the 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 College, and the time so employed shall be counted as part of their regular
services

SEC. 17. Campus Site and Assets. - The College shall have an area for its exclusive
use as campus site for its academic and instructional programs, research and development
activities, and experimental and laboratory facilities.

The Board shall forthwith recommend for this purpose a suitable site in any of the
parcels of land owned by the national government within the City of Baguio. The parcels of
land to be occupied by the Pamantasan ng Lungsod ng Baguio are hereby declared to be
property of the College, and shall be titled under that name: Provided, That should the
College cease to exist or be abolished, or should said parcels of land be no longer needed by
the College, the same shall revert to the national government

SEC. 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 Pamantasan

9


ng Lungsod ng Baguio, upon certification by the CHED, shall be exempt from customs duties
in accordance with the provisions of the Tariff and Customs Code of the Philippines, as
amended.

All donations in any form to the Pamantasan ng Lungsod ng Baguio 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. 19. Appropriations. ~ The amount necessary to carry out the provisions of this
Act shall be included in the annual General Appropriations Act

SEC. 20. Development Plan, Management Audit, and Organizational, Administrative
and Academic Structure. ~ Within the period of one hundred twenty (120) days after the
approval of this Act, the College 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

(0) Set up its organizational, administrative as well as academic structure, including
the appointment of the key officials of the College

SEC. 21. Filing of Report. — On or before the fifteenth (15) day of the second (2™)
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, with both Houses
of Congress, and the City Government of Baguio, a detailed report on the progress,
conditions and needs of the College

SEC. 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 College

SEC. 23. Parity Clause. ~ All other powers, functions and privileges, responsibilities
and limitations to state colleges and their officials under existing laws shall be deemed
granted to or imposed upon the College or its officials, whenever appropriate

SEC. 24. Compliance with CHED Requirements. - The provisions of this Act
notwithstanding, the attainment of its college status shall become effective only upon the
determination and declaration by the CHED, based on the recommendation of a panel of
experts that the College has complied with the requirements for a college. The CHED,


through its regional office, shall regularly provide technical assistance to the College and
monitor compliance with the requirements of the Commission

The CHED shall designate a panel of experts who shall prepare a recommendation to
the Chairperson of the CHED on whether the College has substantially complied with the
requirements for the grant of college status

SEC. 25. Implementing Rules and Regulations. ~ The Board, in consultation with the
CHED, shall formulate the guidelines 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 thereby
shall remain in full force and effect.

SEC. 27. 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.

SEC. 28. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation

Approved,