Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

886

HOUSE BILL NO.

Introduced by REPRESENTATIVE MA. LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

Bukidnon is a large land-locked province in Northern Mindanao. The
existing institutions of higher learning in Bukidnon, notably Bukidnon State
College and the Central Mindanao University, are located in Malaybalay and
Musuan, respectively. These areas are far from the municipalities of
northern Bukidnon. Thus students from the northern part of the province
(Le. Municipalities of Manolo Fortich, Libona, Talakag, Baungon, and
Sumilao) have to travel to Malaybalay or Musuan, or in Cagayan de Oro in
Misamis Oriental, just to receive a college education. Such a situation
entails entails added costs for completing an education.

Establishing a college in northern Bukidnon, specifically in the area’s
largest and most populous municipality of Manolo Fortich, will serve to
effectively address the need for higher professional and technical learning in
that part of Mindanao. This becomes urgent in light of the increasing
demands for human capital development in a region with rich potential for
economic growth, commerce, and agro-industrial development.

The proposed measure adopts House Bill No. 4930, a substitution of
House Bill No. 990 filed by former Rep. JR Nereus Acosta, Ph.D. (First
District, Bukidnon) during the 13th Congress. In that Congress, this House
has already passed the measure in Third and Final Reading, and has been
submitted to the Senate for its consideration.

With the imperative to continuously develop Mindanao’s human
capital, and since the measure has already been passed by this House, the
swift and urgent approval of this measure is earnestly requested.

MA. - Lev


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ 886

Introduced by REPRESENTATIVE MA. LOURDES ACOSTA-ALBA

AN ACT
ESTABLISHING A STATE COLLEGE IN THE MUNICIPALITY OF MANOLO
FORTICH, PROVINCE OF BUKIDNON TO BE KNOWN AS THE
NORTHERN BUKIDNON STATE COLLEGE, 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 state
college in the Municipality of Manolo Fortich, Province of Bukidnon to be
known as the Northern Bukidnon State College, hereinafter referred to as
the College.

SECTION 2. General Mandate. - The College shall primarily provide
higher professional and technical instructions and training in science and
technology and other related fields. It shall also undertake research and
extension services, and provide progressive leadership in its areas of
specialization.

Further, it shall provide research and development assistance and
support to local government units in the Province of Bukidnon to facilitate
their economic growth and development.

SECTION 3. Curricular Offerings. - The College shall offer
undergraduate, graduate, ad 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 to meet the needs of
the Province of Bukidnon and of Region X.

The College may adopt public elementary and secondary schools in
the Province of Bukidnon to serve as pilot centers for innovative teaching
and learning strategies and approaches, if it has a College of Education.


SECTION 4. Administration. - The College shall possess and exercise
the general corporate powers set forth in Batas Pambansa Blg. 68, as
amended, 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 Regents and the President of the
College.

SECTION 5. The Board of Regents. - The Board of Regents,
hereinafter referred to as the Board, shall be the highest governing and
policy-making body of the College. The Board shall be composed of the
following:

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

(b) President of the College, Vice Chairperson;

(c) Chairperson of the Senate Committee on Education, Arts, and
Culture, Member;

(d) Chairperson of the House of Representatives Committee on Higher
and Technical Education, Member;

(e) Regional Director of the National Economic Development Authority
(NEDA), Member;

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

(g) President of the faculty association of the College, Member;
(h) President of the student council of the College, Member;
(i) President of the alumni association of the College, Member; and

(i) 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 Bukidnon, as
recommended by the search committee constituted by the President of the
College, in consultation with the Board, based on the normal standards and
qualifications for the position.

‘The term of office of the president of the faculty association, the
president of the student council, and the president of the 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 6, Promulgation and Implementation of Policies. — The
Board shall promulgate and implement policies in accordance to the
declared state policies on education, and other pertinent provisions of the
Constitution on education, agriculture, and science and technology, as well
as the policies, standards, and thrusts on higher education as provided for
in Republic Act No. 7722, otherwise known as the “Higher Education Act of
1994.”

SECTION 7. Powers and Duties of the Board of Regents. - In
addition to the general powers granted to it in Batas Pambansa Blg. 68, as
amended, otherwise known as “The Corporation Code of the Philippines”,
the Board shall exercise the following specific powers and duties:

(a) To promulgate rules and regulations as may be necessary to carry out
the purposes and functions of the College;

(b) 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;

() To import duty-free economic, technical, and cultural books and/or
publications, upon certification by CHED that such imported books
and/or publications are for economic, technical, vocational, scientific,
philosophical, historical, or cultural purposes, in accordance with the
provisions of the Tariff and Customs Code, as amended;

(d) 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, if any, to
the donor’s limitations, directions, and instructions.

Such donations shall be exempt from donor's tax, and the same
shall be considered as allowable deductions from the gross income in
the computation of the donor's income tax, in accordance with the
relevant provisions of the National Internal Revenue Code, as
amended: Provided, That such donations shall not be disposed of,
transferred, or sold;

(c) To fix tuition 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 consultation with the
involved sectors.

Such fees and charges, inchiding 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 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 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/projects of the College: Provided, That all fiduciary fees
shall be disbursed for the specific purposes for which they are
collected.

If for reasons beyond its control, the College 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
College’s objectives and goals;

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

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

(i) 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 law to the contrary
notwithstanding; and to remove them for cause in accordance with
relevant civil service rules, and the requirements of due process of
law;

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

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

() 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 College; and to


authorize the awarding of certificates of completion of non-degree and
non-traditional courses;

(m) To establish and absorb non-chartered tertiary institutions within the
Province of Bukidnon as constituent units, branches, and centers in
coordination with CHED, 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 College where such
will promote the development of the latter;

(0) To establish chairs in the College, 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 of the College, and/or other officials of the College as it
may deem appropriate, so as to expedite the administration of the
affairs of the College;

(q) To authorize an external management audit of the College, to be
financed by CHED, and to institute reforms, including academic and
structural changes, on the basis of the audit results and
recommendations;

(t) To collaborate with other governing boards of state universities and
colleges within the Province of Bukidnon or within Region X, under
the supervision of CHED, and in consultation with the DBM, and
work towards the restructuring of the College 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
College, the proceeds from which shall be used for the development
and strengthening of the College;

(t) To develop consortia and other economic forms of linkages with local
government units, institutions and agencies, both public and private,
local and foreign, in the furtherance of the purpose and objectives of
the College;

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

(v) 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 or distance education, and community


laboratory for the promotion of greater access to education and
graduate studies, as the case may be;

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

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

(y) 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/or standards set by it, after
unanimous recommendation by the search committee.

SECTION 8. Meetings of the Board. - The Board shall regularly
convene at least once every quarter. The Chairperson of the Board, however,
may call a maximum of two (2) special meetings whenever necessary, upon
three (3) days’ prior written notice.

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 CHED Chairperson, a CHED commissioner, duly
designated by him or her in writing, shall represent him or her in the
meeting with all the rights and responsibilities of a regular member:
Provided, however, That during this meeting, the President of the College, as
Vice Chairperson of the Board, shall be the presiding officer: Provided,
further, That this proviso notwithstanding, the CHED Chairperson may be
‘authorized to designate a CHED commissioner as the permanent and
regular Chairperson of the Board, in which case the designated CHED
commissioner shall act as the presiding officer.

In case the Board members from either the Senate or the House of
Representatives cannot attend the meeting, they may 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 a Board resolution, subject to existing
laws and regulations.

SECTION 9. The College President. - The College shall be headed by
a President, who shall render full time service. He or she shall be appointed
by the Board, subject to the guidelines, qualifications, and/or standards set


by it, upon recommendation of a duly constituted search committee. He or
she shall have a fixed term of four (4) years, unless earlier vacated by reason
of death, compulsory retirement, resignation, removal for cause, or
incapacity. He or she shall be eligible for reappointment.

‘The Board shall select and appoint the President of the College within
one hundred and twenty (120) days after the approval of this Act. Pending
the appointment of the first president of the College, the CHED Chairperson
shall appoint an officer-in-charge of the College.

Within six (6) months before the expiration of the term of the current
President of the College, the Board shall constitute a search committee for
the presidency.

In case of vacancy in the office of the President of the College for
reasons mentioned in the preceding paragraph, the Board shall designate an
officer-in-charge of the College within six (6) months from the date of the
vacancy, pending the appointment of a new president: Provided, That the
officer-in-charge or the successor shall serve the unexpired term only.

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 the salary received by presidents of similar educational
institutions.

The President of the College may be assisted by a vice president for
academic affairs who shall be appointed by the Board upon the
recommendation of the President of the College.

SECTION 10. The Administrative Council. ~ There shall be an
Administrative Council consisting of the President of the College as
chairperson, vice presidents, deans, directors, and other College 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.

SECTION 11. The Academic Council. - There shall be an Academic
Council with the President of the College as chairperson, and all members of
the academic staff with the rank of not lower than 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 the
approval of the Board. It shall fix the requirements for the admission of
students, as well as their graduation and conferment of degrees, subject to
review and/or approval of the Board through the President of the College. It


shall have the disciplinary power over students of the College, and shall
formulate academic polices, and rules and regulations on discipline, subject
to the approval of the Board.

SECTION 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 shall keep all records and proceedings of the Board. He or she
shall serve upon cach member of the Board the appropriate notice of the
Board’s meetings.

SECTION 13. The Treasurer of the College. - The National
Treasurer of the Philippines, or his or her designated representative, shall
serve as ex officio treasurer of the College.

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

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

No student shall be denied admission to the College by reason of sex,
gender preference, political belief, economic standing, religion, cultural or
community affiliation, or ethnic origin.

SECTION 16. Academic Freedom and Institutional Autonomy. -
‘The College shall enjoy academic freedom and institutional autonomy,
pursuant to Paragraph 2, Section 5, Article XIV of the Constitution.

SECTION 17. 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 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 bureau or
office, such apparatus, equipment, supplies, or services of such employees
can be spared without serious detriment to the 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.

SECTION 18. Campus Site and Assets. - The College shall have an
area of not less than five (5) hectares, of which at least three (3) hectares are
contiguous to the main campus, 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 a suitable site within the
Municipality of Manolo Fortich for this purpose. The Office of the President
of the Philippines, through CHED, shall effect the immediate acquisition of
the said area for use as campus site.

‘This parcel of land to be occupied by the College is hereby declared to
be property of the College, and shall be titled under its name: Provided, That
should the College cease to exist or be abolished, or should said parcel of
land aforementioned be no longer needed by the College, the same shall
revert to the local government unit concerned.

SECTION 19. Appropriations. - The amount necessary for the initial
implementation of this Act shall be included in the General Appropriations
Act. Thereafter, such sums as may be necessary for the continued operation
and maintenance of the College shall likewise by included in the annual
General Appropriations Act.

SECTION 20, Development Plan, Management Audit,
Organizational/ Administrative /Academic Structure. - Within the period
of one hundred and 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 CHED for corresponding recommendation to DBM;

(b) Undergo a management audit in cooperation with CHED; and

(c) Accordingly set up its organizational, administrative, as well as
academic structure, including the appointment of key officials of the
College.

SECTION 21. Filling of Report. - The Board shall file with the Office
of the President of the Philippines, through the CHED Chairperson, and with
both Houses of Congress, a detailed report on the progress, conditions, and
needs of the College not later than the fifteenth (15th) day of the second
month after the opening of regular classes each school year.

SECTION 22. Suppletory Application. - The relevant 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 in a suppletory manner.

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


SECTION 24. Implementing Rules and Regulations. - CHED shall
be empowered to formulate the rules, regulations, and guidelines to fully
implement the provisions of this Act.

SECTION 25. Separability Clause. - If any provision of this Act or
the application of such provision to any person or circumstance is declared
unconstitutional, the remainder of this Act or the application of such
provision to other persons or circumstances shall not be affected by such
declaration.

SECTION 26. Repealing Clause. ~ All laws, decrees, issuances, rules
and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 27. Effectivity. This Act shall take effect fifteen (15) days
after its complete publication in either the Official Gazette, or in two (2)
newspapers of general circulation.

Approved,