Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines
EIGHTEENTH CONGRESS
First Regular Session

3225

House Bill No.

INTRODUCED BY REP. ISAGANIS. AMATONG
34 District, Zamboanga del Norte

EXPLANATORY NOTE

Section 1, Article XIV (Education) of the 1987 Constitution mandates that,
“The State shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.”

Consistent with the constitutional mandate, this Bill seeks to establish the
Murcielagos State College (MSC) by converting the Kipit Agro-Fishery National
High School (KAFHS) in Brgy. Kipit, Municipality of Labason, Province of
Zamboanga del Norte.

At present time, there is only one state university serving the entire 3
District of Zamboanga del Norte, which is not strategically reachable by the 12
municipalities of the district and the rest of the province. Especially those coming
from the far-flung areas like the municipalities of Gutalac, Baliguian, Sirawai, Sibuco
and the nearby towns of Leon B. Postigo, Salug, Godod, Liloy, Kalawit. Poor but
deserving prospective college students have to leave their homes, incur enormous
expenses and travel far in between municipalities just to pursue higher education.

Thus, it is imperative that the State must make appropriate steps in bringing
education closer and more accessible to its citizens. Ultimately, the envisioned state
college will elevate the quality of life and livelihood of the people of the Province of
Zamboanga del Norte.

In view of the foregoing, the passage of this bill is earnestly sought.

f
ISAGANI S. AMATONG


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session
3225
House Bill No.

INTRODUCED BY REP. ISAGANI S. AMATONG
3*4 District, Zamboanga del Norte

AN ACT
CONVERTING THE KIPIT AGRO-FISHERY HIGH SCHOOL IN KIPIT,
LABASON, ZAMBOANGA DEL NORTE INTO A STATE COLLEGE TO BE
KNOWN AS THE MURCIELAGOS STATE COLLEGE (MSC)
AND APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES:

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

SECTION 1. Establishment/Conversion.The Kipit Agro-Fishery High School
(KAFHS) in Barangay Kipit, Municipality of Labason, Province of Zamboanga del
Norte is hereby converted into a State College to be known as the MURCIELAGOS
STATE COLLEGE (MSC), hereinafter referred to as the College. Its main campus
shall be in the Municipality of Labason, Zamboanga del Norte.

SECTION 2. General Mandate. The College shall primarily provide
advanced education, higher technological, professional instruction and training in
the fields of education, agricultural technology, agribusiness management, business
administration, industrial technology, arts and sciences, health sciences, information
technology, engineering and other relevant fields of study. It shall undertake
extension and development services, and provide progressive research leadership in
agriculture and fishery in the Municipality of Labason and neighboring
municipalities in the Province of Zamboanga del Norte.

SECTION 3. Curricular Offerings. The College shall offer, undergraduate,
graduate, short-term technical-vocational courses, and other degree and non-degree
courses within its areas of specialization, according to its capacity, and as the Board
of Trustees may deem necessary to carry out its objectives and to meet the needs of
the Province of Zamboanga del Norte.

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The existing and any other future technical-vocational courses or programs
under the supervision of the Technical Education and Skills Development Authority
(TESDA) shall continue to be offered at the College's campus.

The existing high school shall continue to be under the jurisdiction and
supervision of the Department of Education: Provided, That the College may operate
a reasonable-sized laboratory high school if it has a College of Education.

SECTION 4. The Governing Board. The governing body of the College shall
be the Board of Trustees, hereinafter referred to as the Board;

(a) Composition - The Board shall be composed of the following:

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

@) The President of the College, Vice-Chairperson

(iil) ‘The Chairperson of the Committee on Education, Arts and
Culture of the Senate, member;

(wv) The Chairperson of the Committee on Education, Arts and
Culture of the House of Representatives, member;

(v) The Regional Director of the National Economic Development
Authority (NEDA), Region IX, member;

(vi) The Regional Director of the TESDA, member;

(vii) The Regional Director of the Department of Science and
‘Technology (DOST), member;

(viii) The Regional Director of the Department of Agriculture (DA),
member;

(&) The President of the Faculty Association of the College, member;

®) The President of the Student Council of the College, member;

(xi) The President of the Alumni Association of the College,
member;

(xii) ‘Two (2) prominent citizens who have distinguished themselves

in their professions or fields of specialization chosen from
among a list of at least five (5) persons qualified in the province
as recommended by the search committee constituted by the
President in consultation with the Chairman of the CHED based
on the normal standards and qualifications for the position.

‘The private sector representatives shall be appointed by the Board of Trustees
upon recommendation of a duly constituted search committee.

(b) Term of Office - The term of office of the President of the faculty
association, the President of the student council and the President of the alumni

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association shall be coterminous with their respective terms of office as set forth in
their respective constitution and by-laws.

‘The two (2) prominent citizens shall serve a term of two (2) years from the
date of appointment.

(©) Meetings; Quorum - The Board shall convene regularly at least once every
quarter. The Chairperson of the Board may call a special meeting whenever
necessary: Provided, that members are notified in writing at least three (3) days prior
to said meeting.

‘A majority of all its members holding office at the time of the meeting shall
constitute a quorum for board meetings: Provided, however, 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 CHED, a Commissioner of the
CHED, duly designated by the CHED chairperson as representative in the meeting,
shall have all the rights and responsibilities of a regular member: Provided, further,
that this proviso notwithstanding, the Chairperson of the CHED is hereby
authorized to designate a CHED Commissioner as the regular Chairperson 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
be able to attend the Board meeting, they may designate their respective
representatives who shall have the same rights and responsibilities as the 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.

SECTION 5. Powers and Duties of the Board of Trustees. In addition to its
general powers of administration and the exercise of all powers granted to the board
of directors of a corporation under existing laws, the Board shall have the following
specific powers and duties:

@ To promulgate rules and regulations not contrary to laws as
may be necessary to carry out the purpose 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 to carry out the purpose and functions of the College;

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To import duty-free economic, technical and cultural books
and/or publications upon verifications by the 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;

To receive, in trust, alll kinds of legacies, gifts and donations of
real personal properties and to administer and dispose the same
when necessary for the benefit of the College and subject to the
limitations, directions and instructions of the donor, if any;

Such donations shall be exempt from the donor's tax and the
same shall be considered as allowable deductions 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 (NIRO), as amended: Provided, That such donation shall
not be disposed of, transferred or sold; and

To fix the tuition fees and other necessary school charges such as
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, including
government subsidies and other income generated by the
College, shall constitute the 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/projects of the College; Provided, that all
fiduciary fees shall be disbursed for the specific purposes which
they were collected: Provided, however, that 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 and expenditures, the
Board may authorize the use of the said funds for any
reasonable purpose which, in its discretion, may be necessary

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and urgent for the attainment of the objectives and goals of the
College;

To adopt and implement a socialized scheme of tuition and
school fees for greater access to education of poor but deserving
students in accordance with the provisions of Republic Act No.
10931, otherwise known as the “Universal Access to Quality
Tertiary Education Act”;

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 the
necessary supplies, materials and equipment;

To appoint, upon the recommendation of the President of the
College, the Vice Presidents, Deans, Directors and Heads of
Departments, Faculty Members, and other officials and
employees of the College;

To fix and adjust the salaries of faculty members and
administrative officials and employees, subject to the provisions
of the Revised Compensation and Position Classification System
and other pertinent budget and compensation laws governing
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 provisions of
existing laws to the contrary notwithstanding, and to remove
them for cause in accordance with 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;

To set the 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;

To establish and absorb non-chartered tertiary institutions
within the Province of Zamboanga del Norte as branches and

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center, 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;

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

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

To delegate any of its powers and duties provided herein to the
President or other officials of the College as it may deem
appropriate, so as to expedite the administration of the affairs 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 of Audit (COA); and to institute reforms,
including academic and structural changes on the basis of the
audit results and recommendations;

To collaborate with other governing boards of other state
universities and colleges (SUCs) within the Province of
Zamboanga del Norte and Region IX, under the supervision of
the CHED and in consultation with the DBM and work for the
restructuring of the College to become more efficient, relevant,
productive and competitive;

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

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

To develop academic arrangements for institutional capability
building with appropriate institutions and agencies, public or

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private, local or foreign, and to appoint experts/specialists as
consultants, part-time or visiting or exchange professors,
scholars or researchers, as the case may be;

1) To set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information
technology, the dual training system, open distance learning,
and community laboratory, for the promotion of greater access

to education;
(w) To establish policy guidelines and procedures to promote
icipative decision-making and transparency within the
College;
®) To privatize, where most advantageous to the College, the

management of non-academic services such as health services,
food services, building or grounds or property maintenance,
and such other similar activities; and

”) To extend the term of the President of the College beyond the
age of retirement, whose performance has been unanimously
rated by the governing board as outstanding, after unanimous
recommendation by the search committee, but not beyond the
age of seventy (70).

SECTION 6. Promulgation and Implementation of Policies. The Board shall
promulgate and implement policies in accordance with the declared State policies on
education, agriculture, science and technology, as well as the policies, standards and
thrusts of the CHED under the Republic Act No. 7722, otherwise known as the
“Higher Education Act of 1994” and the TESDA under Republic Act No. 7796,
otherwise known as the “TESDA Act of 1994”.

SECTION 7. Administration. The administration of the College and the
exercise of its corporate powers shall be vested exclusively in the Board of Trustees,
and in the President of the College, insofar as authorized by the Board.

SECTION 8. The College President. The College President shall head the
College who shall render full-time service. The President shall be appointed by the
Board, subject to the guidelines, qualifications and/or 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 to another term: Provided, that notwithstanding, and in order to


effect a smooth transition to a state college, the incumbent administrator of the
KAFHS, if qualified, shall serve as the first President of the College. The remaining
term of the incumbent administrator of the KAFHS shall be considered as the first
term as College President.

Within six (6) months before the expiration of the term of office of the
incumbent President of the College, 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 have the authority to designate
an Officer-in-Charge (OIC) of the College pending the appointment of a new
President. Within six (6) months from the date of vacancy, the Board shall constitute
a Search Committee for the Presidency.

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 college, 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 by the presidents of similar educational institutions.

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

SECTION 9. The Secretary of the College. The Secretary of the College shall
be appointed by the Board, who shall serve as such for both the Board and the
College, and who shall keep all records and proceedings of the Board in addition to
other duties and responsibilities. The Secretary shall serve upon each member of the
Board the appropriate notice of Board meetings.

SECTION 10. The Treasurer of the College. The Treasurer of the Philippines
shalll be the ex officio treasurer of the College.

SECTION 11. Administrative Council. There shall be an Administrative
Council consisting of the President of the College, as Chairperson, the Vice-
Presidents, Deans, Directors, and other officials of equal rank as members, whose
duty is to implement the policies governing the administration, management and
development of the College, as approved by the Board.


SECTION 12. Academic Council. There shall be an Academic Council
composed of the President of the College, who shall act as Chairperson, and all
members of the academic staff with the rank of not lower than assistant professor, as
members.

The Academic Council shali have the power to review and recommend the
curricular offerings and rules of discipline of the College, subject to the appropriate
action by the Board. It shall fix the requirements of degrees, subject to review, and
approval by the Board through the President of the College. It shall also have
disciplinary powers over students of the College and shall formulate academic
policies and rules and regulations on discipline, subject to the approval of the Board.

SECTION 13. Faculty. No political belief, gender preference, cultural or
community affiliation or ethnic origin, and religious opinion or affiliation shall be
the matter of inquiry in the appointment of faculty members of the College: Provided,
however, That said appointment shall be subject to the 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.

SECTION 14. Scholarships Programs/Admission. The College shall provide
a scholarship program and other affirmative action programs to assist poor by
deserving students who qualify for admission to the College. No student shall be
denied admission to the College by reason of sex, nationality, religion, cultural or

SECTION 15. Academic Freedom and Institutional Autonomy. The College
shall enjoy academic freedom and institutional autonomy pursuant to paragraph 2,
Secion 5 of Article XIV of the Constitution of the Republic of the Philippines.

SECTION 16. Authority to Lend or Transfer Apparatus / Equipments /
Supplies and Detail of Personnel.The heads of the bureaus and offices of the national
government are hereby authorized to lend, 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 17. Assets, Liabilities and Personnel.All assets, real and personal,
personnel and records of the KAFHS in Brgy.Kipit, Labason, Zamboanga del Norte,
as well as its liabilities or obligations, are hereby transferred to the College. The


positions, rights and security of tenure of the academic staff and personnel therein
employed under existing laws prior to the conversion of the KAFHS into the College
shall be respected. The College shall also include an upgrade or increase in its
human resource component.

All parcels of land belonging to the government occupied by the KAFHS are
hereby declared the property of the College and shalll be titled under that name:
Provided, that should the College cease to exist, or be abolished, or such
aforementioned parcels of land be no longer needed by the College, the title to said
parcels of land shall be transferred to the LGU of Labason, Province of Zamboanga
del Norte.

SECTION 18. Development Plan, Management Audit, Organizational /
Administrative / Academic Structured. 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;

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

d. 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
unit for non-degree technical-vocational education and training.

SECTION 19. Compliance with CHED Requirements. The provisions of this
Act notwithstanding, the establishment or conversion of the institution into a state
college shall become effective only upon the determination and declaration by the
CHED, based on the recommendation of a panel of experts it shall constitute for the
purpose, that the institution has complied with the requirements for a college status
based on CHED Memorandum Order No. 46, series of 2012 (Policy Standards to
Enhance Quality Assurance (QA) in Philippine Higher Education through an
Outcomes-Based and Typology-Based QA): Provided, that the panel may issue such a
recommendation when the institution has substantially complied with the
requirements for the grant of status as state college.

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

SECTION 20. Filing of Annual Report. On or before the fifteenth (15%) day of
the second month after the opening of the regular classes each year, the Board shall


file with the Office of the President of the Philippines, through the Chairperson of
the CHED, and with both Houses of Congress, a detailed report on the progress,
conditions and needs of the College.

SECTION 21. Suppletory Application. The provisions of Republic Act No.
8292, otherwise known as the “Higher Education Modernization Act of 1197,” shall
be an integral part of this Act and shall serve of the governing charter of the College.
All other applicable laws shall have suppletory application.

SECTION 22. 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 and its officials
whenever appropriate.

SECTION 23. Appropriations. The amount necessary to carry out the
provisions of this Act, shall be charged against the current year’s appropriations for
the KAFHS. Thereafter, such sums as may be necessary for the operation and
maintenance of the College shall be included in the annual General Appropriations
Act.

SECTION 24. Implementing Rules and Regulations. Within sixty (60) days
upon the effectivity of this Act, the Board, in consultation with the CHED, shall
formulate the guidelines to fully implement the provisions of this Act.

SECTION 25. Separability Clause. If, for any reason, any part ot provision of
this Act is declared invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SECTION 26. 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.

SECTION 27. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,