Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BLL No. 7141

Introduced by HON. JOHN TRACY F. CAGAS

AN ACT
CONVERTING THE DAVAO DEL SUR STATE COLLEGE IN THE CITY OF
DIGOS, PROVINCE OF DAVAO DEL SUR INTO A STATE UNIVERSITY TO BE
KNOWN AS THE DAVAO DEL SUR STATE UNIVERSITY AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE

The State recognizes the role of the youth in nation-building by promoting their physical, moral,
spiritual, intellectual and social well-being." Itis also the policy of the State to give priority to education,
science and technology, arts, culture, and sports to foster patriotism, nationalism, accelerate social
progress, and promote total human liberation and development?

Unfortunately, despite the technologies available today, there is still an inherent inequality in
the access to affordable and quality education. During the pandemic, one of the most affected sectors
in the country is education. Online and distant learning proved to be a challenge to educators and
students alike. However, it also showed the areas for improvement and magnified the needs of the
community.

In 2019, Republic Act No. 1220 was signed into law by former President Rodrigo R. Duterte,
making Davao del Sur State College the 112 Public Higher Education Institution in the country. Since
then, it has offered various undergraduate and graduate programs in education, public administration,
information technology, agriculture, forestry and developmental studies.

This bill seeks to convert the Davao del Sur State College (DSSC) into a state university to be
known as the Davao del Sur State University, ensuring that the demand for accessible quality education
shall be met not only in the province of Davao del Sur, but in the nearby provinces as well.

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

JOHN TI F.CAGAS

* Atl, Sec. 13 of the 1987 Philippine Constitution
2 Art Il Sec.17 of the 1987 Philippine Constitution


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLN 7 i 4 1

Introduced by HON. JOHN TRACY F. CAGAS,

AN ACT
CONVERTING THE DAVAO DEL SUR STATE COLLEGE IN THE CITY OF
DIGOS, PROVINCE OF DAVAO DEL SUR INTO A STATE UNIVERSITY TO BE
KNOWN AS THE DAVAO DEL SUR STATE UNIVERSITY AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Davao del Sur State University. ~The Davao del Sur State College (DSSC) and
its extensions located in the City of Digos, Municipalities of Sulop, Matanao, Kapatagan and
Malalag Province of Davao del Sur, is hereby converted into a state university, to be known as.
the Davao del Sur State University (DSSU), hereinafter referred to as the University.

SEC, 2. General Mandate. ~ The University shall primarily provide advanced education,
higher technological, professional instruction and training in the fields of agriculture,
education, engineering and technology, arts and sciences and other related fields. It shall also
undertake research and extension services and provide progressive leadership in its areas of
specialization.

SEC. 3. Curricular Offerings. - The University shall offer undergraduate and graduate courses
in the fields of agriculture, education, engineering and technology, arts and sciences, and other
degrees/courses within its areas of specialization according to its capabilities, as the Board of
Regents may deem necessary to carry out its objectives, in order to meet the needs of the
Province of Davao del Sur and the Region.

SEC. 4, Administration. - The University shall have the general powers of a corporation set
forth in Republic Act No. 1132, otherwise known as the “Revised 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. 5. Governing Board. - The governing body of the University shall be the Board of
Regents, hereinafter referred to as the Board, which shall be composed of the following:


a. The Chairman of the Commission on Higher Education (CHED), as the Chairman;
b. The President of the University, as the Vice-Chairman;

¢. The Chairperson of the Committee on Education, Arts and Culture of the Senate, as
Member;

4. The Chairperson of the Committee on Higher and Technical Education of the House
of Representatives, as Member;

¢. The President of the Faculty Association of the University, as Member;
f, The President of the Student Council of the University, as Member;

g. Two (2) prominent citizens from the private sector who have distinguished
themselves in their profession or fields of specialization in the University, as 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 Davao del Sur as recommended by a search committee
constituted by the University President, in consultation with the Board based on standards and
qualifications for the position as determined by the Board.

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

The term of the President of the Faculty, Association, the President of the Student
Council, and the President of the Association shall be co-terminus with their respective terms
of office as set forth in their respective Constitution and By-laws.

SEC. 6. Promulgation and Implementation of Policies.- The Board shall promulgate and
implement policies in accordance with the declared state policies on education and other
pertinent provisions of the Constitution on agriculture, education, engineering and technology,
arts and sciences, 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”,

SEC. 7. Power 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 rules and regulations as may be necessary to carry out the purposes
and functions of the University;

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

c. To import duty-free, economic, technical, and cultural books and publications,
machineries and equipment, upon certification by the CHED that such imported books or
publications, machineries and equipment are for economic, technical, vocational, scientific,


Philosophical, historical or cultural purposes, in accordance with the provisions of Republic
Act (RA) No. 10863, otherwise known as the “Customs Modernization and Tariff Act”;

4. To receive in trust legacies, gifts, and donations of real and personal properties of all
kinds, and 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. Such donations
shall be exempt from the donor’s tax and the same shall be considered as allowable deductions
from the gross income 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;

. To fix the tuition fees and other necessary school charges, such as, but not limited to
matriculation fees, graduation fees, 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 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; Provided, that
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 or other programs or projects of the
University; Provided further, 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;

f. 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 University, Vice Presidents,
Deans, Directors, and heads of campuses, faculty members and other officials and employees
of the University;

i, 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; 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 remove them for cause in accordance with the requirements of
due process of law;

j. To approve the curricula, instructional programs, and rules of discipline drawn by the
administrative council and academic council herein provided;


k. To set policies on admission and graduation of students;

1. To award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of agriculture, education, engineering and technology, arts and
sciences or any field of specialization within the academic competence of the University, 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
Davao del Sur as branches and centers in coordination with the CHED, and in consultation
with the (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 regular campuses, branches, and research and extension centers of the
University where such will promote the development of the University;

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

p. To delegate any or its powers and duties provided herein to the President or other
officials of the University as it may deem appropriate, to expedite the administration of the
affairs of the University;

4q. To authorize an external management audit of the University, subject to the rules and
regulations of the Commission on Audit (COA), and institute reforms, including academic and
structural changes, on the basis of the audit results and recommendations;

r. To collaborate with the governing boards of other state colleges and universities, in
the Province of Davao del Sur and Region XI, under the supervision of the CHED and in
consultation with the DBM, and work towards the restructuring of the University 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 University, the proceeds from which shall be
used for the development and strengthening of the University;

t. To develop consortia and other economic forms of linkages with local government
units, institutions and agencies, public and private, local and foreign, in the furtherance of the
purposes and objectives of the University;

u. To undertake academic arrangements for institutional capability and capacity
building with appropriate institutions and agencies, public and private, local and foreign, and
appoint experts or specialists as consultants, part-time or 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 learning system, open or distance education,
and community laboratory for the promotion of greater access to education;


w. To establish policy guidelines and procedures for participative decision-making and
transparency within the University;

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

y. To extend the term of the President of the University beyond the age of retirement
but not later than 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. Meeting of the Board.- The Board shall regularly convene at least once every quarter.
However, the Chairman of the Board may, upon three (3) days prior written notice, call a
maximum of two (2) special meetings wherever necessary.

A quorum of the Board shall consist of a majority of all its members holding office at
the time of the meeting: Provided, however, that the Chairman of the Board or President of the
University is among those present in the meeting. In the absence of the Chairman of the CHED,
a Commissioner of the CHED duly designated by him shall represent him in the meeting with
all the rights and responsibilities of a regular member: Provided, further, that during the
meeting, the President of the University a Vice-Chairman shall be the Presiding Officer.

In case of the respective Chairpersons of the Congressional Committees on Education
shall not be able to attend the said meeting, they may duly designate their respective
representatives to attend the meeting. Such representatives shall have the same rights and
responsibilities as a regular member of the Board.

The member 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 the 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 a full time service. He or she 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 president shall serve 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 DSSU shall serve as the first president of the
University: Provided, further, That for said reason and pending the appointment of a new
president, the chairperson of the CHED shall appoint an officer-in-charge of the University.

Within six (6) months before the expiration of the term of office of the incumbent
president of the University, the Board shall constitute the search committee for the presidency.

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 the date of vacancy, pending the appointment of a new president. The
successor or the officer-in-charge shall serve only the unexpired portion of the term.


The powers and duties of the president of the 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 and shall be comparable to that being
received by presidents of similar educational institutions.

The president of the University shall be assisted by a vice president for academic affairs
and a vice president for administration, who shall be appointed by the Board upon
recommendation of the president.

SEC. 10. Administrative Council. - There shall be an administrative council consisting of the
president of the University as chairperson, and vice presidents, deans, directors and other
officials of equal rank as members, whose duties are to review and recommend to the Board
the policies governing the administration, management, and development planning of the
University.

SEC. 11, 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 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 the 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. 12. University Secretary. - 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 of the University shall serve upon each member of the Board the appropriate
notices of the Board meetings.

SEC. 13. University Treasurer. - The Treasurer of the Philippines shall be the ex-officio
treasurer of the University.

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

SEC. 15. Scholarship Program and Admission. - The 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. 16. Academic Freedom and Institutional Autonomy. - The University shall enjoy
academic freedom and institutional autonomy pursuant to Section 5 (2), Article XIV of the
Constitution of the Republic of the Philippines.

SEC. 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 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 the bureau or office, such apparatus,
equipment, supplies or services of such employees may be spared without serious detriment to
public service. The employees detailed shall perform such duties as required of them by the
president of the University, and the time employed shall be counted as part of their regular
services.

SEC. 18. Tax Exemptions. - The University is entitled to the following tax exemptions:

(a) All revenues and assets of the University used exclusively and solely for educational
purposes or in furtherance thereof shall be exelnpt from all taxes and duties;

(b) All grants, bequest, endowments, donations and contributions made to the University to be
used actual Ly, directly and exclusively by the University shall be exempt from donor's tax and
the same shall be allowed as allowable deductions from the gross income of the donor for
Purposes of computing the taxable income of the donor in accordance with the provisions of
the Tax Reform Act of 1997, as amended;

(-¢) Importation of economic, technical, and cultural books or publications, 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 RA 10863;

(d) The University shall be exempt from value-added tax as provided for in Section 109 (1)(H)
of the Tax reform Act of 1997, as amended; and

(e) All educational monetary awards shall be exempt from income tax as prescribed in the Tax
Reform Act of 1997, as amended.

SEC. 20. Assets, Liabilities and Personnel, - All assets, real and personal, personnel, and
records of the DSSU, 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 DSSU are hereby declared to
be property of 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 local government units where the
parcels of land are located


SEC. 21. Development Plan, Management Audit and 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-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

(©) Set up its organizational, administrative as well as academic structure, including the
appointment of the key officials of the University.

SEC. 22. Compliance with CHED Requirements. - The provisions of this Act
notwithstanding, the conversion of the institution into a state university shall become effective
only upon the determination and declaration by the CHED, based on the recommendation of a
panel of experts that the institution has complied with the requirements for the grant of
university status. The CHED, through its regional office, shall regularly provide technical
assistance to the institution and monitor compliance with the requirements of CHED.

The CHED shall constitute a panel of experts who shall prepare a recommendation to the
chairperson of the CHED, on whether the institution has complied with the requirements for
the grant of university status. The following are the operational requirements for a state
university:

(a) Faculty members who possess relevant degrees in their areas of specialization as required
by the CHED, and who must have participated in research and development activities in their
respective disciplines, as evidenced by refereed publications and other scholarly outputs;

(b) A comprehensive range of degree programs in all levels, from basic post-secondary to
doctoral programs;

(©) Viable research programs in specific areas of study that produce new knowledge as
evidenced by refereed publications, citations, inventions and patents, among others;

(4) Comprehensive learning resources and support structures including libraries, practicum
laboratories, relevant educational resources and linkages with the relevant disciplinal and
professional sectors, to allow students to explore basic, advance and even cutting-edge
knowledge in a wide range of disciplines or professions;

(e) Active and ongoing linkage and affiliation with other research institutions in various parts
of the world that ensure that the research activities of the University are functioning at current
global standards; and

(f) Outreach activities that allow the students, faculty and research staff to apply the new
knowledge they generate to address specific social development problems broadly defined.

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


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. - All 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 oft! cials, whenever appropriate.

SEC. 25. Appropriations. - The amount necessary to carry out the provisions of this Act shall
be charged against the current year's appropriations of the DSSU. 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. 26. Implementing Rules and Regulations. - Within ninety (90) days from the approval
of this Act, the Board shall, in consultation with the CHED, formulate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 27. Separability Clause. - If any part or provision of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 28. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,