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DATE November 7, 2022 q
TIME 12:27 pm

NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House Bill No. 5892

Introduced by Representative Rommel Rico T. Angara

AN ACT CONVERTING THE AURORA STATE COLLEGE OF TECHNOLOGY
IN THE PROVINCE OF AURORA, AND ALL ITS SATELLITE CAMPUSES
LOCATED IN THE MUNICIPALITY OF MARIA AURORA, CASIGURAN,
AND SAN LUIS, ALL IN THE PROVINCE OF AURORA, INTO A STATE

UNIVERSITY TO BE KNOWN AS THE AURORA STATE UNIVERSITY OF
SCIENCE AND TECHNOLOGY (ASUST), AND APPROPRIATING FUNDS
THEREFOR

EXPLANATORY NOTE

The present Aurora State College of Technology (ASCOT) was created on
December 30, 1993 by virtue of Republic Act No. 7664, drafted and sponsored by
the late Senate President Edgardo Angara and the late representative Benedicto
G. Miran.

Since its establishment, ASCOT has developed into an institution of higher
learning. At present, it has three (3) campuses located in the municipalities of
Maria Aurora, Casiguran and San Luis, has a total student population six thousand
three hundred forty four (6, 344) and a total workforce of four hundred four (404).
Through the years, ASCOT has continuously and effectively implement its
mandates of providing technical and professional training in the field of arts and
sciences, education, agriculture, engineering, technology and_ short-term
vocational courses.

As the university continues its mission to produce more globally-competitive
graduates in different industries, it is imperative that ASCOT be declared a state
university. This will aid in providing more privileges and quality education to the
students and young generation of the Province of Aurora who rely on public tertiary
education to finish their studies. It must be noted that Section 1, Article XIV of the
Philippine Constitution provides for the right of all citizens to quality education at
all levels and that appropriate measures must be taken by the government in order
to make such education accessible to all.

In this regard, this bill seeks to convert ASCOT into a state university to be
known as the Aurora State University of Science and Technology (ASUST) and be
provided with the necessary funding for this purpose.

The approval of this bill is earnestly sought.

ROMMEL BXCO T. ANGARA


ON DU HRP WY FE

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NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House Bill No. 5892

Introduced by Representative Rommel Rico T. Angara

AN ACT CONVERTING THE AURORA STATE COLLEGE OF TECHNOLOGY
IN THE PROVINCE OF AURORA, AND ALL ITS SATELLITE CAMPUSES
LOCATED IN THE MUNICIPALITY OF MARIA AURORA, CASIGURAN,
AND SAN LUIS, ALL IN THE PROVINCE OF AURORA, INTO A STATE

UNIVERSITY TO BE KNOWN AS THE AURORA STATE UNIVERSITY OF
SCIENCE AND TECHNOLOGY (ASUST), AND APPROPRIATING FUNDS
THEREFOR

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

Section 1. Establishment/Integration. - There is hereby established a state
university in the Province of Aurora to be known as the Aurora State University of
Science and Technology (ASUST), hereinafter referred to as the University, by
converting the Aurora State College of Technology (ASCOT) in Baler, Aurora, and
all its satellite campuses located in the Municipality of Maria Aurora, Casiguran and
San Luis, all located in the Province of Aurora. The main campus of the University
shall be in Baler, Aurora with extension campuses in the municipalities Maria
Aurora, Casiguran and San Luis, Province of Aurora.

Section 2. General Mandate. - The University, shall primarily provide an
advance education, leadership management, higher scientific and technological
instruction, and training in the fields of marine science, forestry, and environmental
sciences, liberal arts, science and mathematics, information and technology
education, engineering, health profession education, architecture and related
programs, teacher education, maritime education, social sciences, agri-business
and entrepreneurship, business and management, multi and interdisciplinary
courses, law and/or juris doctor, and other relevant fields of study as approved by
the Board of Regents (BOR). It shall also undertake research, extension and short-
term courses, income generating services and provide progressive leadership in its
areas of specialization in Aurora and in Region III.

Section 3. Academic Freedom and Institutional Autonomy. - The University
shall enjoy academic freedom and institutional autonomy, pursuant to Paragraph
2 Section 5 of Article XIV of the Constitution.

Section 4. Curricular Offerings. - The University shall offer undergraduate,
graduate, graduate school for international cooperation and development, and
postgraduate programs and short-term courses in the fields of marine biology,
forestry and environmental sciences, disaster risk management, data science and
analytics, meteorology, geology, oceanography, cybersecurity, fisheries

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technology, agriculture, veterinary medicine, behavioral and social sciences,
medicine and other health sciences, juris doctor/law, culture and arts, human
services such as guidance and counselling, special needs education, accountancy,
indigenous people studies/education, tourism and hospitality management,
business-related programs, agribusiness, nautical and maritime programs,
industrial technology, aviation related programs, maritime education, chemistry,
chemical, structural, geodetic, petroleum, engineering, robotics, renewable and
sustainable energy, statistics and mathematics, research and development
communication, urban and environmental planning, urban planning and landscape
architecture, interior design, liberal arts programs, education and teacher training,
information and communications technology, library and information science,
developmental management, leadership management programs and human
kinetics within its capacity and areas of specialization, as the Board of Regents
may deem necessary to carry out its objectives, and to respond to human resource
development needs of the Province of Aurora and the entire country.

The University may operate a reasonably-sized science and technological
laboratory high school under the College of Education of ASUST to serve the in-
campus requirements of its students.

Section 5. Administration. - The University shall have the general powers
of a corporation set forth in Batas Pambansa Blg. 68, as amended, otherwise
known as "The 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.

Section 6. 7he Board of Regents. - The governing board of the University
shall be the Board of Regents, hereinafter referred to as the Board, which shall be
chaired and co-chaired by the Chairperson of the Commission on Higher Education
(CHED) and the President of the University, respectively, with the following as
members:

(a) Chairperson of the Committee on Higher, Technical and Vocational
Education of the Senate;

(b) Chairperson of the Committee on Higher and Technical Education of the
House of Representatives;

(c) Regional Director of the National Economic and Development Authority
(NEDA);

(d) Regional Director of the Department of Science and Technology (DOST),
(e) Regional Director of the Department of Agriculture (DA);

(f) President of the Federation of the Faculty Associations of the University;
(g) President of the Federation of Student Councils of the University;

(h) President of the Federation of Alumni Associations of the University;

(i) President of Non-Teaching Employees Association; and


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(j) Two (2) prominent citizens from the private sector who have
distinguished themselves in their professions or fields of specialization and a
resident of Aurora. ;

The Board shall appoint the two (2) prominent citizens from a list of at least
five (5) qualified persons in the Province of Aurora where the University and its
campuses are located, as recommended by a search committee constituted by the
President of the University, in consultation with the Chairperson of the CHED and
the other members of the Board, based on the standards and qualifications for the
position. They shall serve for a term of two years from the date of appointment.

The term of office of the President of the Federation of Faculty Associations,
the President of the Federation of Student Councils, and the President of the
Federation of Alumni Associations and the President of Non-Teaching Employees
Association, shall be coterminous with their respective terms of office, as set forth
in their respective constitutions and by-laws.

The three (3) prominent citizens shall serve for a term of two (2) years from
the date of appointment.

Section 7. Powers and Duties of the Board of Regents. - In addition to its
general powers of administration and the powers granted to the Board of Directors
of a corporation under existing laws, the Board shall have the following specific
powers and duties:

(a) Promulgate and implement policies in accordance with the declared State
policies on education and other pertinent provisions of the Constitution 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";

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

(c) Appoint, upon the recommendation of the President of the University,
the vice presidents, deans, directors, heads of the campuses, faculty members,
and other officials and employees of the University;

(d) 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, leave 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;

(e) 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 concerned sectors. The fees and
charges, including government subsidies and other income generated by the

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University, shall constitute its 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;

Any provision of existing law, rule, or regulation 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 services or other programs and projects of the
University: Provided, 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) Adopt and implement a socialized scheme of tuition and other school fees
for greater access of poor but deserving students in accordance with Republic Act
No. 10931, or the "Universal Access to Quality Tertiary Education Act":

(g) Establish professorial chairs in the University and provide fellowships for
qualified faculty members, and scholarships to deserving students;

(h) Receive and appropriate all sums as may be provided for the support of
the University in the manner it may determine, in its discretion, to carry out the
purposes and functions of the University;

(i) Set the policies on admission and graduation of students,

(j) Award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of education, public service, arts, science and technology,
agriculture, or any field of specialization within the academic competence of the
University, and authorize the awarding of certificates of completion of non-degree
and non-traditional courses;

(k) Establish research, extension centers and graduate school for
international cooperation

to promote the development of the University and internationalization;

(1) Develop academic arrangements for institutional capability building with
appropriate institutions and agencies, public and private, and local and foreign,
and appoint experts/specialists as consultants, part-time, visiting/exchange
professors, scholars or researchers, as the case may be:

(m) Adopt modern and innovative modes of transmitting knowledge for the
promotion of greater access to education such as the use of information
technology, dual training system, open distance learning, and community
laboratory:


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(n) Collaborate with other governing boards of the state universities and
colleges (SUCs) within Central Luzon and other SUCs in the country, under the
supervision of the CHED and in consultation with the Department of Budget and
Management (DBM), in restructuring the University to make it more efficient,
relevant. productive and competitive;

(0) Absorb non-chartered tertiary institutions within the Province of Aurora
as branches and extension/external centers, in coordination with the CHED and in
consultation with the DBM, and offer therein programs or courses to carry out the
Constitutional mandate of providing equal access to educational opportunities;

(p) Authorize an external management audit of the University, to be
financed by the CHED, 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;

(q) Develop consortia and other economic forms of linkages with local
government units (LGUs), as well as public, private, local, and foreign institutions
and agencies, in the furtherance of the purposes and objectives of the University:

(r) Import economic, technical and cultural books and publications;

(s) 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) 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;

(u) Authorize the construction or repair of its buildings, machinery,
equipment, and other facilities, and the purchase and acquisition of real property,
including the necessary supplies, materials, and equipment;

(v) Extend the term of the President of the University beyond the age of
retirement, but not beyond the age of seventy (70), based on the guidelines,
qualifications, and standards set by the Board: Provided, That the performance of
the President has been rated by the Board as outstanding and unanimous
recommendation has been decided by the Search Committee;

(w) Delegate any of its powers and duties provided to the President and
other officials of the University, as it may deem appropriate, so as to expedite the
administration of the affairs of the University;

(x) Establish policy guidelines and procedures for participative decision-
making and transparency within the University:

(y) Where most advantageous to the University, privatize the management
of non-academic services such as health, food, building or grounds or property
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(z) Promulgate rules and regulations, as may be necessary, to carry out the
purposes and functions of the University.

Section 8. Meetings of the Board. - The Board shall regularly convene once
every three (3) months. 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 the conduct of the said meeting.

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
Board or the President of the University is among those present in the meeting.

In case the CHED Chairperson cannot attend a meeting of the Board, a
CHED Commissioner duly designated by the CHED Chairperson as representative
to the meeting, shall have all the rights and responsibilities of a regular member:
Provided, however, That in the said meeting, the President of the University, as
vice-chairperson, shall be the presiding officer. Provided, further, That this proviso,
notwithstanding, the Chairperson of the CHED is authorized to designate a CHED
Commissioner as the regular Chairperson of the Board, in which case, the said
CHED Commissioner, as the regular Chairperson of the Board, shall act as the
presiding officer.

In case the Chairpersons of the Senate Committee on Education, Arts and
Culture and the House Committee on Higher and Technical Education are not able
to attend the Board meeting, they may designate their respective representatives
to attend the meeting, who shall have the same rights and responsibilities as the
regular members 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 for their
attendance in the meetings of the Board or in connection with other official
business authorized by resolutions of the Board, subject to existing laws and
regulations.

Section 9. 7he University President. - The University shall be headed by a
President, who shall render full-time service and shall be appointed by the Board,
subject to the guidelines. qualifications and standards set by the Board, upon the
recommendation of a duly constituted search committee. The University President
shall have a term of four (4) years and shall be eligible for re-appointment to
another term. Six months before the expiration of the first term of the University
President, the Board of Regents shall create an Evaluation Committee to evaluate
the performance of the President if he/she deserves for re-appointment. A majority
vote of the Board of Regents shall be the basis of his/her re-appointment;
Provided, that in order to affect the smooth transition to a state university, the
incumbent President of the Aurora State College of Technology, if qualified, shall
serve as the first President of the University.

Within six (6) months before the expiration of the second and final term of
office of the incumbent President of the University, the Board shall constitute the
Search Committee for the Presidency.


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The Board shall designate an officer-in-charge (OIC) of the University 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, pending the appointment of a new President:
Provided, That the OIC shall serve only during 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
Republic Act No. 6758, or the "Compensation and Position Classification Act of
1989", as modified by Joint Resolution No. 4 dated June 17, 2009, and by such
other laws amendatory thereto, which may hereinafter be enacted, and shall be

comparable to that being received by the presidents of similar educational
institutions.

The President of the University shall be assisted by a Vice-President for
Academic Affairs, a Vice-President for Administration, Planning and Finance, and
a Vice-President for Research, Innovation, Extension, and Training, and Vice
President for Business Affairs, who shall be appointed by the Board upon the
recommendation of the President of the University.

Section 10. 7he Secretary of the University. - 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 Board
meetings.

Section 11. The Treasurer of the University. - The Treasurer of the
Philippines shall be the ex officio Treasurer of the University.

Section 12. 7he Administrative Council. - There shall be an Administrative
Council consisting of the President of the University as Chairperson, and the 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.

Section 13. 7he 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 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 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 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.


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Section 14. Heads of University Campuses. - The Campus Administrator
shall serve as heads of the University campuses and shall render full-time service.

They shall be appointed or designated by the Board upon the
recommendation of the President, subject to the guidelines, qualifications, and
standards set by the Board: Provided, that the incumbent Campus Directors of the
existing campuses of the Aurora State College of Technology shall serve as Campus
Directors of their respective campuses upon the effectivity of this Act.

Section 15. 7he Faculty. - No political belief, gender preference, cultural or
community affiliation or ethnic origin, nor religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the University:
Provided. That said 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.

Section 16. 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 gender,
religion, cultural or community affiliation, or ethnic origin.

Section 17. Authority to Loan or Transfer Apparatus, Equipment, Supplies,
and Detail of Personnel - The heads of the bureaus and offices of the national
government are hereby authorized to loan or transfer, upon the request of the
President of the 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 can be spared without serious detriment to public
service.

The employee to be detailed shall perform such duties as required of them
by the President of the University, and the time served shall be counted as part of
their regular service

Section 18. Assets, Liabilities, and Personne! - A\l assets, real and personal,
personnel and records of the Aurora State College of Technology, 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 Aurora State
College of Technology and all its campuses are hereby declared to be the property
of the University, and shall be titled under its name: Each major campuses (Zabali
Campus in Baler, Bazal Campus in Maria Aurora and Esteves Campus in Casiguran
) must have at least a land area of 100 hectares in order to support the laboratory
requirements of the different program offerings based on CHED Memorandum
Orders, guidelines and standard policies and in support to the research laboratory
field, extension and the implementation of income generating projects of the
University except for San Luis Campus with limited area of coverage. Provided,

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that should the University cease to exist or be abolished or should such
aforementioned parcels of land be no longer needed by the University, the same
shall revert to the LGUs concerned only by virtue of another Republic Act.

Section 19. Zax Exemption on Importation and Donations. - The
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 provision of Republic Act No. 10863,
otherwise known as the Customs Modernization and Tariff Act (CMTA)".

All grants, bequests, endowments, donations, and contributions made to the
University to be used actually, directly and exclusively for educational, research
and extension purposes by the ASUST, shall be exempt from the donor's tax and
the same shall be considered as allowable deduction from the gross income of the
donor for purposes of computing the taxable income of the donor in accordance
with the provisions of the National Internal Revenue Code of 1997, as amended.

Section 20. Development Plan, Management Audit, and New
Organizational 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 (5)-year development plan, including its program budget,
to the CHED for corresponding recommendation to the DBM;

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

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

Section 21. Compliance with CHED Requirements. — The provisions of this
Act notwithstanding, the establishment or 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 a university status. The CHED, through its
regional office, shall regularly provide technical assistance to the institution and
monitor compliance with the requirements of the Commission.

The CHED shall designate a panel of experts who shall prepare a
recommendation to the Chairperson of the CHED, on whether the institution has
substantially complied with the requirements for the grant of university status.

The following are the operational requirements for a university:

(a) Level III accreditation or equivalent under CHED policies for at least four
(4) of its undergraduate programs, one (1) in liberal arts and one (1) in the
sciences, and two (2) of its graduate programs;

(b) Ratio of qualified full-time faculty with requisite degrees to number of
students;

(c) Adequate library and laboratories;

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(d) Research and development output of practical and commercial
application to the community;

(e) Relevant linkages and outreach programs that are of service to the
community; and

(f) Relevant academic policies, systems and processes.

The institution shall retain its status prior to the effectivity of this Act, unless
in the meantime it is able to comply with the requirements provided herein within
five years from the approval of this Act.

Section 22. Appropriations. — The amount necessary to carry out the
provisions of this Act shall be charged against. the current year’s appropriations
for the Aurora State College of Technology. 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.

Section 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.

Section 24. Filing of Report. — On or before the fifteenth (15%) day of the
second month after opening of the regular classes each year, the Board shall file
with the Office of the President of the Philippines and both Houses of Congress,
through the CHED Chairperson, a detailed report on the progress, conditions, and
needs of the University.

Section 25. 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

officials whenever appropriate.

Section 26. Jmplementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the Board, in consultation with the CHED, shall
formulate the rules and regulations to fully implement the provisions of this Act.

Section 27. 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 shall remain in full force and effect.

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

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

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