EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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S E N A T E  
Senate Bill No.
*19 
JUL 16 
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Introduced by Senator Juan Miguel F. Zubiri
AN ACT
CONVERTING THE DON CARLOS POLYTECHNIC COLLEGE INTO A STATE 
COLLEGE TO BE KNOWN AS DON CARLOS POLYTECHNIC STATE
COLLEGE
EXPLANATORY NOTE
Section 17, Article II of the 1987 Constitution provides: "The State shall 
give priority to education, science and technology, arts, culture, and sports to 
foster patriotism and nationalism, accelerate social progress, and promote total 
human liberation and development." Section 1, Article XIV of the same 
Constitution further provides: "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."
The Don Carlos Polytechnic College is a local college situated in the 
municipality of Don Carlos, province of Bukidnon. If converted into a state 
college, it will not only address the growing needs of the youth of Don Carlos, 
but will also offer a more accessible option to students from the neighboring 
municipalities south of Don Carlos.
This bill seeks to provide the tertiary students of Bukidnon with a wider 
selection of courses to choose from with the end in view of giving them better 
employment opportunities after graduation. The list of courses that will be 
offered shall include agriculture, agricultural entrepreneurship, fishery education, 
marine transportation, tourism, trade and the arts. It shall also offer vocational 
and technology courses in welding technology, vocational technology, fishery 
technology, hotel and restaurant services, hotel and household services, baking 
technology, electronic services and repair.
To complement this administration's initiative geared towards providing 
free, accessible and quality education for all, the passage of this bill is earnestly 
sought.
AtJ MIGUEL F. ZUBIRI


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
S E N A T E  
Senate Bill No.
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'19 
JUL 16 A11 3 0
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Introduced by Senator Juan Miguel F. Zubiri
AN ACT
CONVERTING THE DON CARLOS POLYTECHNIC COLLEGE INTO A STATE 
COLLEGE TO BE KNOWN AS DON CARLOS POLYTECHNIC STATE
COLLEGE
Be it enacted by the Senate and the House o f the Representatives o f the 
Philippines in Congress assembled:
SECTION 1. 
Conversion. -  The Don Carlos Polytechnic College in the 
Municipality of Don Carlos, Province of Bukidnon is hereby converted into a state 
college to be known as the Don Carlos Polytechnic State College, hereinafter 
referred to as the Polytechnic State College.
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SEC. 2. 
Purpose. -  The Polytechnic State College shall primarily offer 
professional and technical instructions and trainings in both the graduate and 
undergraduate levels in the fields of agriculture, agricultural entrepreneurship, 
fishery education, marine transportation, tourism, trade and the arts. It shall also 
offer vocational and technology courses in welding technology, vocational 
technology, fishery technology, hotel and restaurant services, 
hotel and 
household services, baking technology, electronic services and repair. The 
Polytechnic State College shall continue to offer the Junior High School and 
Senior High School Program under the technical-vocational curriculum of the K to 
12 program of the Department of Education.
It shall serve as the center for development of the agricultural industry 
and shall provide technological, professional, and occupational training on the 
utilization and development of appropriate technologies. It shall also undertake 
research and extension services and provide progressive leadership in the area of 
agricultural education.


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The Polytechnic State College shall offer undergraduate, graduate, and
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short-term technical courses within its area of specialization as the Board of
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Trustees may deem necessary to carry out its objectives, particularly in order to
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meet the needs of the municipality and the province.
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SEC. 3. The Governing Board; Manner o f Appointm ent. -
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a) 
Composition -  The governing body of the Polytechnic State College
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shall be the Board of Trustees, hereinafter referred to as the Board, composed of
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the following:
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1) 
Chairperson of the Commission on Higher Education (CHED),
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Chairperson;
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2) 
President of the Polytechnic State College, Vice-Chairperson;
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3) 
Regional Director of the National Economic Development Authority
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(NEDA) or a duly authorized representative, member;
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4) 
Regional Director of the Department of Science and Technology
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(DOST) or a duly authorized representative, member;
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5) 
President of the faculty association of the Polytechnic State College,
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member;
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6)
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member;
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7)
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member;
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8) 
Two (2) prominent citizens who have distinguished themselves in
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their professions or fields of specialization chosen from among at least five (5)
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qualified persons in the municipality of Don Carlos, as recommended by the
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search committee constituted by the President of the Polytechnic State College in
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consultation with the Chairperson of the CHED based on the normal standards
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and qualifications for the position. The two (2) private sector representatives
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shall be appointed by the Board upon recommendation of the duly appointed
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search committee. The Municipal Government of Don Carlos shall be represented
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in the search committee.
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b) 
Term of Office -  The president of the faculty, the president of the
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alumni association, and the president of the student council shall sit in the Board
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until the expiration of their term of office in such capacities. The prominent
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citizens shall serve for a term of two (2) years from the date of appointment.
President of the student council of the Polytechnic State College, 
President of the alumni association of the Polytechnic State College,


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SEC. 4. Powers and Duties of the Board o f Trustees. -  The Board shall 
have the specific powers and duties 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:
a) 
To promulgate rules and regulations necessary to law as may be 
necessary to carry out the purposes and functions of the Polytechnic State 
College;
b) 
To receive and appropriate all sums as may be provided for the 
support of the Polytechnic State College in the manner it may determine, in its 
discretion, to carry out the purposes and functions of the Polytechnic State 
College;
c) 
To receive in trust legacies, gifts and donations of real properties of 
all kinds, to administer and dispose of the same when necessary for the benefit 
of the Polytechnic State College, 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 income tax of the donor, in accordance with 
the provisions of the National Internal Revenue Code (NIRC), as amended: 
Provided, That such donations shall not be disposed of, transferred, or sold;
d) 
To fix tuition fees and other necessary school fees and charges 
including 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 incomes 
generated by the Polytechnic State College, shall constitute special trust funds 
and shall be deposited in any authorized government depositary bank, and all 
interests that shall accrue therefrom shall form part of the same fund for the use 
of the Polytechnic State College.
Any provision of existing laws, rules and regulations to the contrary 
notwithstanding, any income generated by the Polytechnic State College from 
tuition fees and other charges, as well as from the operation of auxiliary services 
and land grants, shall be retained by the Polytechnic State College and may be 
disbursed by the Board for instruction, research, extension, or other programs 
and projects of the Polytechnic State College: Provided, That all fiduciary fees 
shall be disbursed for the specific purposes for which they are collected.


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If, for reasons beyond its control, the Polytechnic State College shall not
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be able to pursue any project for which funds have been appropriated and
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allocated under its approved program of expenditures, the Board may authorize
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the use of said funds for any reasonable purpose which, in its discretion, may be
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necessary and urgent for the attainment of the objectives and goals of the
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Polytechnic State College;
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e) 
To adopt and implement a socialized scheme of tuition and school
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fees for greater access by poor but deserving students;
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f) 
To authorize construction and repair of buildings, equipment, and
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other facilities, and the purchase and acquisition of real and personal properties,
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including necessary supplies, materials, and equipment. Purchases and other
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transactions entered into by the Polytechnic State College through the Board
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shall be exempted from all taxes and duties;
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g) 
To appoint, upon the recommendation of the President of the
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Polytechnic 
State 
College, 
vice 
presidents, 
deans, 
directors, 
heads 
of
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departments, faculty members and other officials and employees;
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h) 
To fix and adjust the salaries of faculty members and administrative
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officials and employees subject to the provisions of the Revised Compensation
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and Position Classification System, as amended, and other pertinent budget and
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compensation laws governing hours of service, and such other duties and
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conditions as it may deem proper, to grant them at its discretion, leaves of
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absence under regulations as it may promulgate, any provision of existing law to
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the contrary notwithstanding, and to remove them for cause in accordance with
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the due process of law;
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i) 
To approve the curricula, institutional programs and rules 
of
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discipline drawn by the administrative and academic councils as herein provided;
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j) 
To set policies on admission, graduation, and certification 
of
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students;
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k) 
To award honorary degrees upon persons in recognition 
of
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outstanding contribution in the field of education, public service, arts, science
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and technology, or in any field of specialization within the competence of the
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Polytechnic State College and to authorize the award of certificates of completion
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of non-degree and non-traditional courses;
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I) 
To absorb non-chartered 
institutions within the province 
of
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Bukidnon in coordination with CHED and in consultation with the Department of
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Budget and Management (DBM), and to offer therein needed programs and


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courses, to promote and carr/ out equal access to educational opportunities
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mandated by the Constitution;
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m) 
To establish research and extension centers of the Polytechnic
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State College where such will promote the development of the latter;
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n) 
To establish chairs in the Polytechnic State College and to provide
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fellowships for qualified faculty members and scholarship grants to deserving
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students;
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o) 
To delegate any of its powers and duties provided for hereinabove
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to the President or other officials of the Polytechnic State College as it may deem
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appropriate so as to expedite the affairs of the Polytechnic State College;
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p) 
To authorize an external management audit of the institution to be
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financed by the CHED and to institute reforms, including academic and structural
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changes, on the basis of audit results and recommendations;
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q) 
To collaborate with CHED, TESDA, and other governing boards of
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state colleges and universities within the region, under the supervision of CHED
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and in consultation with the DBM, in the restructuring of the Polytechnic State
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College to become more efficient, relevant, productive and competitive in
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producing professionals, technologists, and technicians;
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To enter into joint ventures with business and industry for the
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profitable development and management of the assets of the Polytechnic State
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College, the proceeds of which will be used for the development and
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strengthening of the Polytechnic State College;
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s) 
To 
develop partnerships and other forms of linkages with local
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government units, institutions and agencies, both public and private, local and
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foreign, in furtherance of the purposes and objectives of the Polytechnic State
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College;
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t) 
To 
develop academic arrangements for institutional capacity
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building with appropriate institutions and agencies, public or private, local or
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foreign, and to appoint experts or specialists or consultants, or visiting or
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exchange professors, scholars, and researchers, as the case may be;
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To 
set up the adoption of modern and innovative modes of
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transmitting knowledge such as the use of information technology, the dual
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system, open learning, community laboratory, and competency-based training for
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the promotion of greater access to higher education, 
professional and
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technological education and skills development;


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v) 
To establish policy guidelines and procedures for participative 
decision-making and transparency within the Polytechnic State College;
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To privatize, where most advantageous to the Polytechnic State 
College, management and non-academic services such as health, food, building 
or grounds or property maintenance and such other similar activities; and
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To extend beyond the age of retirement but not later than the age 
of seventy (70) the term of the President of the Polytechnic State College whose 
performance has been unanimously rated as outstanding and upon unanimous 
recommendation by the Search Committee for the President of the Polytechnic 
State College.
SEC. 6. Prom ulgation and Im plem entation o f Policies. -  The Board 
shall promulgate and implement policies on education and other pertinent 
provisions of the Philippine Constitution on education, science and technology, 
arts, culture and sports; as well as policies and standard and thrusts of the CHED 
under Republic Act No. 7722 and also in accordance with the policies, standards, 
and programs of the Technical Education and Skills Development Authority 
(TESDA), the designated government authority in technical education and skills 
development.
SEC. 7. Board Meetings; Quorum. -  The Board shall regularly convene 
at least once every quarter. The Chairperson of the Board of Trustees 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 members holding office shall constitute a quorum for board 
meetings: Provided, That the Chairperson of the CHED who is the Chairperson of 
the Board or the President of the Polytechnic State College Is among those 
present in the meeting. In the absence of the Chairperson of the CHED, a duly 
designated Commissioner of the CHED shall represent the Chairperson of the 
CHED in the meeting with all the rights and responsibilities of a regular member: 
Provided, however, That in the said meeting the President of the Polytechnic 
State 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 Chairperson to the 
Board of the Polytechnic State College, in which case said CHED Commissioner


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shall act as the presiding officer. The members shall serve without compensation, 
but they shall be reimbursed for necessary expenses incurred in the attendance 
of meetings of the Board or in connection with their official business authorized 
by resolution of the Board, subject to existing laws and regulations.
SEC. 8. 
Adm inistration. -  The administration of the Polytechnic State 
College shall be vested in a President who shall render full-time service. The 
President shall be appointed by the Board upon the recommendation of a duly 
appointed search committee. The President shall have a term of four (4) years 
and shall be eligible for reappointment for another term. In order to effect a 
smooth transition to a Polytechnic State College, the current head of the Don 
Carlos Polytechnic College shall become the first President of the Don Carlos 
Polytechnic State College.
The President shall be assisted by a Vice President for Academic Affairs 
who shall be appointed by the Board upon the recommendation of the President 
of the Polytechnic State College without prejudice to the appointment of more 
through another Vice President when so warranted.
Within six (6) months before the expiration of the term of the incumbent 
President, the Board shall create a search committee for the Presidency.
In case of vacancy 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 of the Polytechnic State College within six (6) months from the date of 
vacancy, pending the appointment of a new President.
The powers and duties of the President of the Polytechnic State College in 
addition to those specifically provided in this Act shall be those usually pertaining 
to the office of the President and of other educational institutions.
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 17 June 2009 and other pertinent budget and


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compensation laws, and shall be comparable to that being received by the 
president of similar institutions.
SEC. 9. Secretary. -  The Board shall appoint a Secretary, who shall serve 
as such for both the Polytechnic State College and the Board, and who shall keep 
all records of the Board.
SEC. 10. Treasurer. -  The Treasurer of the Philippines shall be the ex 
officio Treasurer of the Polytechnic State College.
SEC. 11. A dm inistrative Council. -  There shall be an administrative 
council consisting of the President of the Polytechnic College 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 institution.
SEC. 12. Academic Council. - There shall be an academic council 
consisting of the President of the Polytechnic College as Chairperson, vice 
presidents, and all members of the instructional staff with the rank 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 Polytechnic State College for the approval of the board. It shall fix the 
requirements for admission to the Polytechnic State College, as well as for 
graduation and the conferring of certificates and diplomas, subject to review and 
approval by the Board through the President of the Polytechnic State College.
SEC. 13. Academic Freedom. -  Pursuant to Section 5(2) of Article XIV 
of the Constitution of the Republic of the Philippines, all institutions of higher 
learning, public or private, shall enjoy academic freedom and institutional 
autonomy.
SEC. 14. Admission and Scholarships. -  No student shall be denied 
admission to the Polytechnic State College by reason of gender, nationality, 
religion, cultural, or community affiliation or ethnic origin, or political affiliation.
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The Polytechnic State College shall provide a scholarship program and 
other subsidies to assist poor but deserving students who qualify for admission to 
the Polytechnic State College.
SEC. 15. Faculty. -  No religious opinion or affiliation, political beliefs, 
gender, preference, cultural or community affiliation or ethnic origin, shall be a 
matter of inquiry in the appointment of faculty members of the Polytechnic State 
College: Provided, however, That no member of the faculty shall teach for or 
against any particular church or regular sect.
SEC. 16. Development Plan; Management Audit; Organizational, 
Adm inistrative, and Academic Structure. -  Within the period of one 
hundred and twenty (120) days after the approval of this Act, the Polytechnic 
State College shall accomplish the following:
(a) 
Submit a five (5) year development plan, including the program 
budgets to CHED and TESDA, for corresponding recommendation to the DBM;
(b) 
Undergo a management audit in cooperation with CHED and 
TESDA; and
(c) 
Set up its organizational, administrative, as well as academic 
structure, including the appointment of key Polytechnic State College officials.
SEC. 17. Transfer o f Assets. -  All assets, real and personal, personnel 
and records of the Don Carlos Polytechnic College, as well as liabilities or 
obligations, are hereby transferred to the Polytechnic State College. The position, 
rights, and security of tenure of personnel under existing employment laws shall 
be respected.
All parcels of land belonging to the government and occupied by the Don 
Carlos Polytechnic College are hereby declared to be the property of the 
Polytechnic State College and shall be titled under that name.
SEC. 18. Loan o f Equipment. -  The heads of bureaus and offices of the 
national government are hereby authorized to loan or transfer upon request of 
the President of the Polytechnic State College such apparatus, equipment, or 
supplies as may be needed by the Polytechnic State College, and to detail 
employees for duty therein when, in the judgment of the head of the bureau or


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office, such apparatus, equipment, or supplies or services o f such employees can 
be spared w ithout detrim ent to the public service. Employees detailed shall 
perform such duties as required o f them by the President o f the Polytechnic 
State College and the time so employed shall be counted as part o f their regular 
services.
SEC. 19. Auditing. -  All accounts and expenses of the Polytechnic State 
College shall be audited by the Commission on Audit or its duly authorized 
representative.
SEC. 20. Filing of Report. -  Not later than the fifteenth day o f the 
second month after the opening o f regular classes of each year, the Board shall 
file with the Office of the President, through CHED and TESDA, and to both 
Houses of Congress, a detailed report on the progress, conditions, and needs of 
the Polytechnic State College.
SEC. 
21. 
Appropriations. 
-  
The 
amount 
necessary 
for 
the 
implementation of this Act shall be charged against the current appropriations of 
the Don Carlos Polytechnic College. Thereafter, such sums as may be necessary 
for the continued operations and maintenance o f the Polytechnic State College 
shall be included in the General Appropriations Act.
SEC. 22. Separability Clause. - If any portion or provision o f this Act Is 
declared unconstitutional, the same shall not affect the validity and effectivity of 
the other provisions not affected thereby.
SEC. 23. Repealing Clause. - All laws, parts of laws, decrees, presidential 
issuances, proclamations, orders, ordinances, and administrative regulations in 
conflict with the provisions o f this Act are hereby amended, modified or repealed 
accordingly.
SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,
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