Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
(TH CONGRESS

First Regular Session

5306

HOUSE BILL NO.

Introduced by Rep. Jonas C. Cortes
EXPLANATORY NOTE

This bill seeks to convert the Consolacion Public College in the Municipality
of Consolacion Province of Cebu, into a 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 Consolacion 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 or Mandaue City. 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 Municipality
of Consolacion established the Consolacion Public College with the objective of
providing accessible and affordable tertiary, vocational and technical education to the
youth of the municipality. It was also hoped that the establishment of the College will
stimulate the economic activity in the area and provide residents with the opportunity
to acquire skills and education necessary for them to obtain decent and 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
conversion of the Consolacion Public College into a State College, the author seeks to
secure adequate support and appropriate funds from the rational budget to ensure that
the institution as 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.

JONAS C. CORTES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BILL. No._ 9806

Introduced by Rep. Jonas C, Cortes

AN ACT CONVERTING THE CONSOLACION PUBLIC COLLEGE IN THE
MUNICIPALITY OF CONSOLACION, PROVINCE OF CEBU INTO A
STATE COLLEGE TO BE KNOWN AS THE CONSOLACION STATE.

COLLEGE AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. — The Consolacion Public College in the
Municipality of Cordova, Province of Cebu, is hereby converted into a state college to
be known as the Consolacion State College. hereinafter referred to as the College.

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

SECTION 3. Curricular Offerings. ~ The College shall offer undergraduate
and graduate studies in the fields of engineering, industrial technologies, busine:
arts and sciences 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 Cebu and Region VII.

‘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) ‘The Chairperson of the Commission on Higher Education, Chairperson;


(b) The President of the College, Vice Chairperson;

(c) ‘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;

(© The Regional Director of the Department of S
(DOST), 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

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

ce and Technology

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 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 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 the
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 directors of a
corporation under existing laws:

(a) To promulgate rules and regulations not contrary to law as may be
ary 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:

(©) To import duty-free economic, technical and cultural books and/or
publications, upon certification by the 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 the limitations, directions and instructions of the donor, if any.

Such donations shall be exempt from the donor’s tax and the same shall be
considered as allowable deductions from the gross income in the computation of the
income tax of the donor, in accordance with the provisions of the National Internal

(e) To fix reasonable tuition fees and other necessary school char
but not limited to, matriculation fees, graduation
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 from 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/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;

(0) 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
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 laws to the contrary notwithstanding; and to remove them
for cause in accordance with the requirements of due process of law;

(i) To approve the curricula, instructional programs and rules of discipline
drawn by the Administrative and Academic Councils as 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 engineeri 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;

(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 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
audit results and recommendations;

(r) To collaborate with other governing boards of state universities and
colleges within the Province of Cebu or Region VII, under the supervision of the
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, and
to appoint experty/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 modem 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, qualifi
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 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 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 shall
not be able to attend the Board meeting, they may duly designate their respective
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/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 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 College, the incumbent head of the
Cordova Public 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/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.

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
Couneil 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 adi 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 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.

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.

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 Cordova Public 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 Cordova
Public College are hereby declared to be property of the Cordova 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


Municipality of Cordova, or the Province of Cebu or the Republic of the Philippines,
as the case may be.

SECTION 19. Appropriations. ~ The amount necessary to initially implement
the provisions of this Act shall be charged against the current year’s funding provided
by the local government unit (LGU) concerned. The concerned LGU shall continue to
provide assistance to the Cordova Public College until such time that the full funding
requirement of the Cordova State College of Science and Technology is included in
the annual General Appropriations Act.

SECTION 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.

SECTION 21. Filing of Report. ~ On or before the fificenth (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 the
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.

TION 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.

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

‘TION 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.

“TION 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. This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,