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

HOUSE OF REPRESENTATIVES
HB. NO. 9

INTRODUCED BY REPRESENTATIVE EMMARIE “LOLYPOP” OU
DIZON

AN ACT
CONVERTING THE MANDAUE CITY COLLEGE IN THE CITY OF
MANDAUE, PROVINCE OF CEBU INTO A STATE COLLEGE TO BE
KNOWN AS THE MANDAUE STATE COLLEGE AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE

This bill seeks to convert the Mandaue City College in the City of Mandaue
in the Province of Cebu into a state college to be known as the “Mandaue State
College” to ensure its fiscal autonomy, enhance its academic standards, and provide
accessible and affordable but quality education to poor but deserving students.

Pursuing a college degree is almost impossible for many poverty-stricken
residents of Mandaue given the high cost of transportation, personal sustenance, and
other necessary expenses that go with the equally high cost of education, especially
in private universities and colleges in Cebu City and in Mandaue City itself. This
also holds true for neighboring communities where incidence of poverty is also high.

In an effort to address this problem, the local government of the City of
Mandaue seeks to establish the Mandaue State College with the objective of
providing accessible and affordable tertiary, vocational, and technical education to
the youth of the city. It is also hoped that the establishment of the College will
stimulate more economic activity in the area and provide residents with the
opportunity to acquire skills and education necessary for them to obtain decent and

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stable jobs for the improvement of their economic and social standing, and for their
total development as individuals as well.

It is the State’s mandate to establish, maintain, and support a complete,
adequate, and integrated system of education relevant to the needs of society. With
the establishment of the Mandaue State College, the author seeks to secure adequate
support and appropriate funds from the national budget to ensure that the institution
has the necessary facility, personnel, and instructional materials which are at par
with other tertiary learning institutions.

Hence, the early approval of this bill is earnestly sought.

EMM: “LOWY POP” OUANO-DIZON

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No,__ 1239

INTRODUCED BY REPRESENTATIVE EMMARIE “LOLYPOP” OU.
DIZON

AN ACT
CONVERTING THE MANDAUE CITY COLLEGE IN THE CITY OF
MANDAUE, PROVINCE OF CEBU INTO A STATE COLLEGE TO BE
KNOWN AS THE MANDAUE STATE COLLEGE AND APPROPRIATING
FUNDS THEREFOR

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

Section 1. Conversion. — The Mandaue City College in the City of Mandaue,
Province of Cebu, is hereby converted into a state college to be known as the
Mandaue State College, hereinafter referred to as the College.

Section 2. General Mandate. — The College shall primarily provide quality but
affordable advanced instructional and professional training in engineering, industrial
technologies, business, arts, sciences, and other relevant fields of study. It shall also
undertake research and extension services, and provide progressive leadership in its
areas of specialization.

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Section 3. Curricular Offerings. — The College shall offer undergraduate and
graduate studies in the fields of engineering, industrial technologies, business, arts,
sciences, and other degrees or 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 Cebu and Region
VI.

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

Section 4. Administration. — The College 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 College and
the exercise of its corporate powers shall be vested exclusively in the Board of
Trustees and the President of the College.

Section 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) Chairperson of the Commission on Higher Education (“CHED”) as
Chairperson;

b) President of the College as Vice-Chairperson;

c) Chairperson of the Senate Committee on Education, Arts, and Culture;

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

e) Regional Director of the National Economic and Development
Authority;

f) Regional Director of the Department of Science and Technology;

2) President of the faculty association of the College:

h) Student Council President of the College;

i) President of the alumni association of the College;

j) Incumbent Mayor of Mandaue City;

k) Incumbent District Representative of the place where the College sits;
and

1) Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or fields of specialization
of the College.

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The Board shall appoint two (2) prominent citizens from among a list of at
least five (5) qualified persons in the Province of Cebu, as recommended by the
search committee constituted by the College President, in consultation with the
Chairperson of 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, Student
Council President, and the President of the alumni association shall be co-terminus
with their terms of office, as set forth in their respective constitution and bylaws.

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

Section 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”.

Section 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 a
corporation 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 CHED that such 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 limitations, directions and instructions of the
donor, if any.

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Such donations shall be exempt from donor’s tax and the same shall be
considered as allowable deductions from the gross income in the computation of the
income tax of the donor, in accordance with the provisions of the National Internal
Revenue Code (“NIRC”) of 1997, as amended: Provided, that such donations shall
not be disposed of, transferred or sold;

e) To fix reasonable 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 interest that shall accrue
therefrom shall form part of the same funds for the use of the College.

Any provisions 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 or projects of the College: Provided, that all fiduciary
fees shall be disbursed for the specific purpose for which these are collected.

If, for any reason beyond its control, the College 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 and materials and equipment;

h) To appoint, upon recommendation of the President of the College, Vice-
President, 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

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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 laws to the contrary

notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;

k) To approve the curricula, instructional programs and rules of discipline drawn
by the Administrative and Academic Councils as herein provided;

1) To set policies on admission and graduation of students;

m) To award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of engineering, 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 non-traditional courses;

n) 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;

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

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

q) 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 College;

r) To authorize an external management audit of the College, to be financed by

the CHED, subject to the rules and regulations of the of the Commission on

Audit (“COA”), and to institute reforms, including academic and structural

changes on the basis of audit results and recommendations;

To collaborate with other governing boards of state universities and colleges

within the Province of Cebu or Region VII, under the supervision of CHED

and in consultation with the DBM, and work towards the restructuring of the

College to become more efficient, relevant, productive, and competitive;

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,

j

Ss

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

Section 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 absence of the Chairperson of the CHED, a Commissioner of the
CHED, duly designated by the former, shall represent him or 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 notwithstanding, 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 Presiding Officer.

In case the Chairpersons of the Congressional Committees on Education, the
incumbent Mayor of Mandaue City, or the incumbent District Representative shall
not be able to attend the Board meeting, they may duly designate their respective

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representatives to attend 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;

Section 9. The College President. — The College shall be headed by a President, who
shall render 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. He/She shall have a terms
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 College, the incumbent head of
the Mandaue City College, if qualified, shall act as the Officer-in-Charge, pending
the appointment of the first President 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 or her office, the Board shall designate an Officer-in-
Charge of the College within six (6) months from 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 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.

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

Section 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 policies governing the administration, management, and
development planning of the College.

Section 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 the
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 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.

Section 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 the
records and proceedings of the Board. He/She shall serve upon each member of the
Board the appropriate notice of the Board meetings.

Section 13. The Treasurer of the College. — The Treasurer of the Philippines shall
be the ex-officio Treasurer of the College.

Section 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, an/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.

Section 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.

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

Section 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.

Section 17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and
Detail of Personnel. — The heads of 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 public service.

The employees so detailed shall perform such duties as required of them by
the President of the College, and the time so employed shall be counted as part of
their regular services.

Section 18. Assets, Liabilities, and Personnel. — All assets, real and personal,
personnel, and records of the Mandaue City College, as well as liabilities or
obligations, are hereby transferred to the College. The positions, rights, and security
of tenure of faculty members and personnel therein employed under existing laws
prior to the conversion into a State College shall be respected.

All parcels of land belonging to the government and occupied by the Mandaue
City College are hereby declared to be property of the Mandaue State College of
Science and Technology, and shall be titled under that name: Provided: that should
the College cease to exist or be abolished or should such parcels of land
aforementioned be no longer needed by the College, the same shall revert to the City
of Mandaue, or the Province of Cebu, or the Republic of the Philippines, as the case
may be.

Section 19. Appropriations. — The amount necessary for the initial implementation
of the provisions of this Act shall be charged against the current year’s funding
provided by the Commission on Higher Education (“CHED”). The concerned LGU
shall continue to provide assistance to the Mandaue City College until such time that
the full funding requirement of the Mandaue State College of Science and
Technology is included in the annual General Appropriations Act.

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Section 20. Development Plan, Management Audit,
Organizational/Administrative/Academic Structure. — Within the period of one
hundred (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 CHED; and

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

Section 21. Filing of Report. — On or before the fifteenth (15'") day of the second
(2™) month after the opening of regular classes every year, the Board shall file with
the Office of the President of the Philippines through the Chairperson of CHED, and
with both Houses of Congress a detailed report on the progress, conditions and needs
of the College.

Section 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.

Section 23. Parity Clause. — All other powers, functions, 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.

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

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

Section 26. Repealing Clause. — All laws, presidential decrees, executive orders,
rules and regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 27. Effectivity. — The Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,

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