SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr. and
Representative Rufus B. Rodriguez

House Bill No. 3105

EXPLANATORY NOTE

The City of Gingoog is located in the Province of Misamis Oriental. It is
fast becoming one of the more fast-growing cities in the Province. The
population of the City continues to grow but unfortunately, the economic
situation of the City is stil currently unable to cope up with the boom in the
population. As such, there are more and more people who have a hard time
providing for their families and the one of the first sacrifices that they make is
tertiary education.

At present, Gingoog has no state college where the indigents and
underprivileged can study at in order to get quality college education, and one
look at the population census of the City will show that majority of the
population are between 10-19 years old. This means that majority of the
population will enter college in a few years of are supposed to be in college
already

With out a State College, most of these students will have no place to
get the tertiary education that they deserve.

In view of the foregoing, immediate passage of this bill is earnestly

MAXIMO B. RODRIGUEZ, JR.

requested

RUFUS B. RODRI


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr. and
__ Representative Rufus B. Rodrig

House Bill No, 3105

AN ACT
ESTABLISHING A STATE COLLEGE IN THE CITY OF GINGOOG,
PROVINCE OF MISAMIS ORIENTAL TO BE KNOWN AS THE GINGOOG
CITY 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 City of Gingoog, Province of Misamis Oriental to be known as the Gingoog
City State College, hereinafter referred to as the College.

SEC. 2. General Mandate. - The College shall primarily provide advanced
education, higher technological, professional instruction and training in
science, education, agriculture, fishery and industrial fields and other relevant
fields of study. It shall also undertake research and extension services and
programs in food production, nutrition, health and sports development, and
provide progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings. - The College shall offer undergraduate and
graduate studies in the fields of science, education, agriculture, fishery and
industrial fields and other degrees/courses within its areas of specialization
and according to its capabilities, as the Board of Trustees may deem
necessary to carry out its objectives, in order to meet the needs of the
Province of Misamis Oriental and Region X

The College may operate a reasonably sized laboratory school, if it has
a College of Education

SEC. 4. Administration. - The College shall have the general powers of a
corporation set forth in Batas Pambansa Big. 68, as amended, otherwise
known as “The Corporation Code of the Philippines’. The administration of
the College and the exercise of its corporate powers shall be vested
exclusively in the Board of Trustees and the President of the College

SEC. 5. The Governing Board. - The governing board of the College shall be
the Board of Trustees, hereinafter referred to as the Board, which shall be
composed of the following


(a) The Chairperson of the Commission on Higher Education (CHED),
Chairperson;
(b) The President of the College, Vice Chairperson;
() The Chairperson of the Committee on Education, Arts and Culture of
the Senate, member:
(d) The Chairperson of the Committee on Higher and Technical
Education of the House of Representatives, member;
(e) The Regional Director of the National Economic and Development
Authority (NEDA), member;
(f) The Regional Director of the Department of Agriculture (DA); member;
(g) The President of the faculty association of the College, member;
(h) The President of the student council of the College, member;
(i) The President of the alumni association of the College, member; and
() Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or fields of specialization
of the College, 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 Misamis Oriental, as
recommended by the search committee constituted by the College President,
in consultation with the Chairperson of the CHED and the other members of
the Board, based on the normal standards and qualifications for the position
The term of office of the President of the 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

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 Philippine
Constitution on education, agriculture, science and technology, as well as the
policies, standards and thrusts of the CHED under Republic Act No. 7722,
otherwise known as the "Higher Education Act of 1994”

SEC. 7. Powers and Duties of the Board of Trustees. ~ 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 cc"poration under existing laws’

(a) To promulgate rules and regulations ‘not contrary to law 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:

(c) To import duty-free economic, technical and cultural books and/or
publications, upon certification 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 of



the Philippines, as amended;

(d) To receive in trust legacies, gifts and donations of real properties of
all kinds and to administer and dispose of the same when necessary
for the benefit of the College and, subject to the limitations,
directions and instructions of the dorior, 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 Intemal Revenue
Code (NIRC) of 1997, 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 and laboratory
fees, as the Board may deem proper to impose, after due
consultations with the involved sectors.

Such fees and charges, including government subsidies and
other income generated by the College, 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 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 purpose for
which these are collected. If, for reasons beyond its control, the
Colleg.> shall not be able to pursue any project for which 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 College;

(f) To adopt and implement a socialized scheme of tuition and other
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 and personal properties, including necessary supplies, materials
and equipment;

(h) To appoint, upon recommendation of the President of the College,
Vice Presidents, deans, directors, heads of departments, 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 the requirements of due process of law;

@ To approve the curricula, instructional programs and rules of
discipl.1e drawn by the Administrative and Academic Councils as
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 agriculture, public service,
arts, science and technology, education 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 nontraditional courses.

(m) To establish and absorb non-chartered tertiary institutions within the
Province of Cebu as branches and extension centers in coordination
with the CHED, and in consultation with the Department of Budget
and Management (DBM), and to offer therein programs or courses
to promote and carry out equal and greater 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 professorial 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 or Officer-in-Charge 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 the CHED, subject to the rules and regulations of the
Commission on Audit (COA); and to institute reforms, including
academic and structural changes on the basis of the audit results
and recommendations;

(1) To collaborate with other governing boards of state universities and
colleges within the Province of Cebu or Region Vil, under the
supervision of the CHED and in consultation with the DBM, and
work towards the restructuring of the College to become more
efficier.:, 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 same;

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

(u) To develop academic arrangements for institutional capability
building with appropriate institutions and agencies, public and
private, local and foreign, and to appoint experts/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 learning or distance education and
‘community laboratory for the promotion of greater access to higher
education and graduate studies, as the case may be:

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

(x) To privatize, where most advantageous to the College, the
management of nonacademic services such as health, food,
building, grounds or property maintenance and such other similar
activitics; 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 the Board, after unanimous recommendation by
the search committee

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

‘A quorum of the Board shall consist of majority of all its members
holding office at the time of the meeting: Provided, however, That the
Chairperson of the CHED or the President of the College is among those
present in the meeting

In the absonce of the Chairperson of the CHED, a Commissioner of the
CHED, duly designated by him/her, shall represent him/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 shall be the Presiding Officer Provided, further, That this
proviso notwithstandifig, the Chairperson of the CHED is hereby authorized to
designate a CHED Commissioner as the regular Chair 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 not be able to attend the Board meeting, they may duly
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 resolution of the Board, subject to existing laws and
regulations

SEC. 9. The College President. - The College shall be headed by a
President, who shall render full-time service. He/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.
HelShe shall have a term of four (4) years and shall be eligible for
reappointment for another term


Pending the appointment of the first President of the College, the
Chairperson of the CHED shall appoint an Officer-in-Charge of the College.

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 his/her office, the Board shall designate
an Officer-in-Charge of the College within six (6) months from the date of
vacancy, pending the appointment of a new President.

In case of vacancy in the Office of the President as mentioned in the
immediately preceding paragraph, his/her successor or the Officer-in-Charge
of the College shall serve only the unexpired portion of the term

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 that being received by the presidents of similar educational
institutions,

The President of the College shall be assisted by a Vice President for
Academic Affairs, who shall be appointed by the Board upon the
recommendation of the President

SEC. 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 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.

SEC. 11, The Academic Council. — There shall be an Academic Council to be
composed of the President of the College, who shall act as Chairperson, and
all academic s.aff with the rank of at least an assistant professor, as
members.

The Academic Council shall have the power to review and recommend
the curricular offerings and rules of discipline of the College, subject to the
approval of the Board. It shall fix the requirements for the admission of
students, as well as for their graduation and conferment of degrees, subject to
review and/or approval by the Board through the President of the College

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

SEC. 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/She shall serve upon each
member of the Board the appropriate notice of the Board meetings.

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


SEC. 14. The Faculty. ~ No political beliefs, gender preference, cultural or
community affiliation or ethnic origin, and religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty members of the College:
Provided, That said appointment shall be subject to the 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 i

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

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

SEC. 16. Academic Freedom and Institutional Autonomy. - The College shall
enjoy academic freedom and institutional autonomy, pursuant to paragraph 2,
Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

SEC. 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.

SEC. 18. Campus Site/Assets. — The College shall have an area of not less
than five (5) hectares, at least three (3) hectares of which 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 City of
Gingoog for this purpose. The parcel of land to be occupied by the Gingoog
City State College is hereby declared to be property of the College, and shall
be titled under that 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 LGU concerned.

SEC. 19. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be iricluded in the annual General Appropriations Act of the
year following its enactment into law and thereafter.

SEC. 20. Development Plan, Management Audit, Organizational/
Administrative/Academic Structure. — 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; and

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

SEC. 21. Filing of Report. — On or before the fifteenth (15th) day of the
second (2nd) 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 pr. gress, conditions and needs of the College.

SEC. 22. 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 College.

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

SEC. 24. Implementing Rules and Regulations. - The Board, in consultation
with the CHED, shall formulate the guidelines to fully implement the provisions
of this Act

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

SEC. 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.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved,