Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL NO. 1820

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

EXPLANATORY NOTE

This bill seeks the conversion of the Marinduque State Colleges (MSC)
including its Satellite Campuses in the Province of Marinduque into a State
University to be known as the Marinduque State University (MSU).

As a state institution of learning, Marinduque State College beginning and
development could be traced to a number of legislation that catapulted MSC to
its present status as a premier college in the province and in the region — as
manifested by its impressive performance in instruction, research and extension
and production.

MSC was founded on June 21, 1952 when House Bill No. 2743 authored
by then Congressman Panfilo Manguera of Marinduque was signed into law as
Republic Act 805 by President Elpidio Quirino.

Since its establishment, MSC continues to develop as an institution of
higher learning. It revolutionalized its methodologies and strategies to live up to
its mission of providing quality, responsive and dynamic leadership in the areas
of Education, Technology, Engineering, Fisheries, Culture, Arts and Sciences to
empower God-fearing individuals who are innovators and protectors for the
sustainable development of the province and the country as a whole vis-a-vis its
vision of achieving the status of being a premier college in the Region along the
fields of Instruction, Research, Extension and Production.

At present, Marinduque State College in its 27" Anniversary as a State
College, is progressing rapidly toward the attainment of its Universityhood
Courses in Engineering, Allied Medicine, Entrepreneurship, Communication
Tourism, and Information Technology are offered in addition to the industrial
Technology and Teacher Education. As an evidence of the high quality of
education, its graduates attained the 7” place in Civil Engineering Board
Examination, 8" Place in Agriculturist Licensure Examination and 8" Place in


Electrical Engineering Board Examination last School Year 2010 while other
courses obtained passing percentage higher than the national passing
percentage.

Given all the foregoing, it is already high time for its conversion to a
University. The conversion of the MSC into a university will bring the
government closer to the poor but deserving students who cannot afford private
higher education in the Province of Marinduque and neighboring provinces.

Consistent with the constitutional mandate which provides that the State
must establish and maintain a complete, adequate and integrated system of
education relevant to the goals of national development, this bill becomes
imperative,

In view of the foregoing, approval of this bill is earnestly soyght.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

House BILLNo.__ 1820

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

AN ACT
CONVERTING THE MARINDUQUE STATE COLLEGE
IN THE MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE,
INTO A STATE UNIVERSITY TO BE KNOWN AS THE MARINDUQUE
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 Marinduque State College in the
Municipality of Boac, Province of Marinduque, is hereby converted into a state
university to be known as the Marinduque State University (MarSU), hereinafter
referred to as the University, integrating therewith the satellite campuses of
Sta. Cruz, Gasan and Torrijos. The main campus of the University shall be in the
Municipality of Boac.

Sec. 2. General Mandate, - The University shall primarily provide
advanced education, higher technological, professional instruction and training in
education, science and technology, engineering, environment, agriculture,
fisheries, arts and sciences, business administration and management, health
sciences and other relevant fields of study. It shall also undertake research and
extension services, and provide progressive leadership in its areas of
specialization.

Sec. 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 Constitution of the Republic of the
Philippines.

Sec. 4 Curricular Offerings, - ‘The University shall offer
undergraduate and graduate courses in the fields of education, science and


technology, engineering, environment, agriculture, fisheries, arts and sciences,
business administration and management, health sciences and other
degrees/courses within the University’s areas of specialization and according to
its capabilities, as the Board of Regents, may deem necessary to carry out its
objectives, particularly to meet the needs of the Province of Marinduque and
Region IV-B.

The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education (DepED): Provided, That the high
school shall be allowed to remain and operate within the campus of the College
until the existing students shall have completed their high school education:
Provided, further, That the College may operate a reasonably-sized laboratory
school under its College of Education. Provided, furthermore, That the existing
graduate school shall become an integral part of the College of Education.

Sec. 5. 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.

Sec. 6. The Governing Board. - The governing body of the
University shall be the Board of Regents, hereinafter referred to as Board, which
shall be composed of the following:

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

(b) The President o the University, 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;

(e) The Regional Director of the National Economic and Development
Authority (NEDA), member;

(f) The Regional Director of the Department of Science and Technology
(DOST), 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 the fields of specialization of the
University, 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 Marinduque, whose
nominations were submitted to the Board after publication of at least two (2)
consecutive weeks, as recommended by the Search Committee constituted by
the University President, in consultation with the Chairperson of the CHED and
the other members of the Board, based on the normal 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 associations 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.

Sec. 7. Powers and Duties of the Board of Regents, - The Board
shall have the following specific powers and duties, in addition to its general
powers of administration and the exercise of all the powers granted to the Board
of Directors of a corporation under existing laws:

(a) To promulgate 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 functions 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 order to carry out
the purposes and functions of the University;

(d) To import economic, technical and cultural books and/or 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, 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 and other programs/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 adopt and implement a socialized scheme of tuition and school
fees for greater access to poor but deserving students;

(h) 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;

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

Gj) To fix and adjust salaries of faculty members and administrative
Officials and employees, subject to the provisions of the
Compensation and Position Classification System and other pertinent budget and
compensation laws including those 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 law 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 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 field of education, public service, arts, science
and technology, agriculture or in any field specialization within the academic
competence of the University; and to authorize the awarding of certificates of
completion of non-degree and nontraditional courses;

(n) To establish and absorb non-chartered tertiary institutions within the
Province of Marinduque 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;

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

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

(q) To delegate any of its powers and duties provided for hereinabove to
the president and/or other officials of the University as it may appropriate, so as
to expedite the administration of the affairs of the University;

(rf) 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;

(s) To collaborate with other governing boards of state colleges and
universities within the Province of Marinduque or Region IV-B, under the
supervision of the CHED and in consultation with the DBM, and work towards,
productive and competitive;

(t) 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;

(u) 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 furtherance of the purposes and objectives of the University;

(v) To develop academic arrangements for institutional capability
building with appropriate institutions and agencies, public and private, local and
foreign, and to appoint experts/specialities as consultants, part-time or visiting or
exchange professors, scholars, 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 or distance education and community laboratory for the
promotion of greater access to education;

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

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

(z) To extend the term of the President of the University 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/or 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, however, That the Chairperson of
the Board or the President of the University is among those present in the
meeting. If the Chairperson of the CHED is unable to attend, a Commissioner
may be designated as representative to the meeting with all the rights and
responsibilities of a regular member: Provided, however, That during this
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 Chair of the Board, in which case the 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 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 University President. - The University shall be headed
by a President, who shall render 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 a 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 a smooth
transition to a state university, the incumbent President of the Marinduque State
College 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, 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 of the University within six (6) months from 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 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
the Revised Compensation and Position Classification System, as modified by
Joint Resolution No. 4 dated June 17, 2009 and other pertinent budget and
compensation laws, and shall be comparable to that being received by the
Presidents of similar educational institutions.

The President of the University shall be assisted by the Vice President/s,
who shall be appointed by the Board upon recommendation of the President.

Sec. 10. Heads of University Campuses. - Campus Directors shall
head the University Campuses and shall render full-time service. They shall be
appointed by the Board upon recommendation of the search committee and the
President of the University, subject to the guidelines, qualifications and standards
set by the Board: Provided, That the incumbent college administrators of the
extension campuses shall serve as the respective Campus Directors.

Sec. 11. The Secretary of the University. - The Board shall appoint
‘a Secretary, who shall serve as such for both the Board and the University and
shall keep all records and proceedings of the Board: The Secretary shall serve
upon each member of the Board the appropriate notice of the Board meetings.

Sec. 12. The Treasurer of the University. - The Treasurer of the
Philippines shall be the ex officio Treasurer of the University.

Sec. 13. The Administrative Council. - There shall be an
Administrative Council consisting of the President of the University as


Chairperson, vice presidents, deans directors and other officials of equal rank as
members, whose duty is to review and recommend to the Board policies
governing the administration, management and development planning of the
University.

Sec. 14, The Academic Council, - There shall be an 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.

Sec. 15. The Faculty. - No political beliefs, 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 the faculty shall teach for or against any particular church or
religious sect.

Sec. 16. Scholarship Program/Admission. - The University shall
provide a scholarship program and other affirmative action programs to assist
poor but deserving students who qualify for admission to the University.

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

Sec. 47. Authority to loan or Transfer
Apparatus/Equipment/Supplies and Detail of Personnel. - The heads of
the bureaus and offices of the national government are hereby authorized to
loan or transfer, upon the request of the President of the University, such
apparatus, equipment or supplies as may be needed by the University, and to
detail employees for duty therein when, in the judgment of the head of bureau
or office, such apparatus, equipment, supplies or services of such employees can
be spared without serious detriment to public service. The employees so
detailed shall perform such duties as required of them by the President of the
University, and the time so employed shall be counted as part of their regular
services.

Sec. 18. Assets, Liabilities and Personnel. - A\l assets, real and
personal, personnel and records of the Marinduque State College, 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
Marinduque State College including its extension campuses are hereby
transferred to the University, and shall be titled under that name: Provided,
That should the University cease to exist or be abolished or should such parcels
of land aforementioned be no longer needed by the University, the same shall
revert to the LGUs concerned.

Sec. 19. Tax Exemption on Importation and Donations. The
importation of economic, technical and cultural books or publication, 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 the Tariff and Customs
Code of the Philippines, as amended.

Donations in any form to the University shall be exempt from the donor's
tax and the same shall be considered as allowable deduction from the gross
income in the computation of the income tax of the donor, in accordance with
the provisions of the National Internal Revenue Code of 1997, as amended.

Sec. 20. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s appropriations
of the Marinduque State College except the sums needed to continue the
operations of the existing high schools. Thereafter, such sums as may be
necessary for the continued operation and maintenance of the University shall be
included in the annual General Appropriations Act.

Sec. 21. Development Plan, Management Audit,
Organizational/Administrative/Academic Structure. - Within the period
of one hundred twenty (120) days after the approval of this Act, the University
shall accomplish the following:

(a) Submit a five (5) year development plan, including 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 the key officials of the
University.

Sec. 22, 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, and with both Houses of Congress, a detailed report
on the progress conditions and needs of the University.

Sec, 23. 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.

Sec. 24. Parity Clause. - A\l other powers, functions and privileges,
responsibilities and limitations to state universities and their officials under
existing laws shall be deemed granted to or imposed upon the University and its
officials whenever appropriate.

Sec. 25. Implementing Rules and Regulations. - The Board, in
consultation with the CHED, shall formulate the rules and regulations to fully
implement the provisions of this Act.

Sec. 26. Separability Clause. - If, for any reason, any part or
provision of this Act is declared invalid or unconstitutional, the remaining parts or
provisions not affected thereby shall remain in full force and effect.

Sec. 27. Repealing Clause. - A\| laws, presidential decrees, executive
order, 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.