Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 5910

INTRODUCED BY REPRESENTATIVE, JOSEPH STO. NINO B. BERNOS

EXPLANATORY NOTE

What is known today as the Abra State Institute of Sciences and Technology (ASIST)
in the Province of Abra came from an earlier incarnation of the school called ‘Lagangilang
Agricultural College’ through Batas Pambansa Blg, 392, which was enacted on May 18, 1983.
‘The said law established ASIST with a purpose, as mentioned in Section 2 of the said law, to
Provide “technological, professional, technical and vocational education and shall inspire
leadership in the field of agriculture, forestry, home technology, agricultural education and
industry, through scientific research and extension.”

Currently, ASIST has its main campus in the Municipality of Lagangilang and
another campus in the Municipality of Bangued, the Province's capital town. It offers
undergraduate programs in education, agricultural technology, agribusiness, engineering,
industrial technology, and forestry, as well as graduate programs in education, non-degree
Programs, and basic education programs. It caters to around 4,000 students every year,
and their recent enrolment data last Academic Year 2016-2017 recorded 4,784 students in all
courses. Among the degree programs ASIST offers, Secondary Education, Elementary
Education, and Agriculture have the highest number of enrolees; coincidentally, these
courses received Level I accreditation in the entire ASIST ‘system, and are well on their way
to attain Level IIT status,


ASIST is also strongly committed to research and extension services. It conducted the
First Abrenian Inter-Agency RDE Conference last August 2016, participated by other higher
education institutions (HEIs) and national government agencies that showcased research
Papers on agriculture, home technology, and cultural studies. Apart from their strong
commitment to research and development of the local industries, ASIST is also heavily
involved in strengthening the capacities of its libraries, pushing for the modernization of its
facilities with emphasis on integration of information technology. ASIST is also engaged in
community extension services, conducting forty-one (41) trainings and serving 1,877
beneficiaries in the past year. With all of the achievements of this state college, it will not be a
surprise if it will be a candidate for the ISO 9001: 2015 certification, which they are currently
working on to obtain.

By transforming the Abra State Institute of Sciences and Technology into a
University, it will be given sufficient resources and ample opportunities to strengthen its
degree programs to meet the needs of their communities, the Province, and of the entire
Cordillera Administrative Region, especially on teacher education, agriculture, industrial
technology, and information technology. Through this conversion, the ASIST will be able to
facilitate modernization of its facilities pursuant to its mission to primarily provide
technological, professional, technical education and shall inspire leadership in the field of
agricultural education and industry, through scientific research and extension. In view of the
foregoing, the immediate passage of Bill is earnestly sought.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ‘5910_

INTRODUCED BY REPRESENTATIVE JOSEPH STO. NINO B. BERNOS

AN ACT
CONVERTING THE ABRA STATE INSTITUTE OF SCIENCES AND
‘TECHNOLOGY IN THE MUNICIPALITIES OF LAGANGILANG AND BANGUED,
PROVINCE OF ABRA INTO A STATE UNIVERSITY TO BE KNOWN AS THE
UNIVERSITY OF ABRA AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. ~ The Abra State Institute of Sciences and Technology
(ASIST) in the Province of Abra, which is composed of the ASIST — Lagangilang Campus in
the Municipality of Lagangilang, and the ASIST — Bangued in the Municipality of Bangued,
all located in the Province of Abra, is hereby converted into a state university to be known as
University of Abra, hereinafter referred to as the University. The main campus of the
University shall be in the Municipality of Lagangilang,

SEC. 2. General Mandate. ~ The University shall primarily provide advanced
education, higher technological, professional instruction and training in the fields of
education, agricultural technology, agri-business management, engineering, industrial
technology, forestry, arts and sciences, information technology, and other relevant fields of
study. It shall also undertake research and extension services, and provide progressive
leadership in its areas of specialization.

SEC. 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 of the Republic of the Philippines.

SEC. 4. Curricular Offerings.— The University shall offer undergraduate,
graduate and post-graduate programs and short-term courses in the fields of education,

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agricultural technology, agri-business management, engineering, industrial technology,
forestry, arts and sciences, information technology, and other degree courses within its
areas of specialization and according to its capabilities as the Board of Regents may deem
‘necessary to carry out its objectives, particularly in meeting the needs of the Province of Abra
and Cordillera Administrative Region (CAR).

‘The existing reasonably sized laboratory high school and elementary school shall
continue to operate under the control of the College of Teacher Education of the University
to serve in-campus requirements of the students of the College of Teacher Education.

SEC. 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.

SEC. 6. Governing Board. ~ The governing body of the University shall be the
Board of Regents, hereinafter referred to as the Board, which shall be composed of the
following:

a The Chairperson of the Commission on Higher Education (CHED), as
chairperson;
b. The President of the University, as vice chairperson;

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

a The Chairperson of the Committee on Higher and Technical Education of the
House of Representatives;

e The Regional Director of the National Economic and Development Authority
in CAR;

£ The Regional Director of the Department of Science and Technology in CAR:
& The Regional Director of the Department of Agriculture (DA) in CAR;

h. The President of the federation of faculty associations of the University;

i. The President of the federation of student councils of the University;

i The President of the federation of alumni associations of the University; and
Kk. Two (2) prominent citizens from the private sector who have distinguished

themselves in their profession or in the fields of specialization; as members,
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The Board shall appoint the two (2) prominent citizens from among a list of at least
five (5) qualified persons in the Province of Abra where the University and its campuses are
located, as recommended by the 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 normal standards and qualifications for the position,

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 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. 7. Powers and Duties of the Board of Regents. ~ The Board shall have
the following specific powers and duties, in addition to its general powers of administration
and the exercise of all the powers granted to the board of directors of a corporation under
existing laws:

4. To promulgate and implement policies in accordance with the declared State
Policies and the 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;"

b. To promulgate rules and regulations not contrary to law as may be necessary
to carry out the purposes and functions of the University;

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

d. To import economic, technical and cultural books and publications;

© To receive in trust legacies, gifts and donations of real and personal properties
of all kinds and to 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;

£ To fix the tuition fees and other necessary school charges including
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
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generated by the University, shall constitute special trust funds and shall be
deposited in any authorized government depository bank, and all interests
that shall accrue therefrom shall form part of the same funds for the use of the
University.

Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the University from tuition fees
and other charges, as well as from the operation of auxiliary services and land
grants, shall be retained by the University, and may be disbursed by the Board
for instruction, research, extension or other programs or projects of the
University: Provided, 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
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;

‘To adopt and implement a socialized scheme of tuition and school fees for
greater access to poor but deserving students;

To authorize the construction or repair of its buildings, machinery, equipment
and other facilities, and the purchase and acquisition of real property,
including necessary supplies, materials and equipment;

To appoint upon recommendation of the President of the University, vice

Presidents, deans, directors, heads of campuses, faculty members and other
officials and employees of the University;

|. 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 discipline

drawn by the Administrative Council and Academic Council herein provided:
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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 education, public service, arts, science and
technology, agriculture or in any field of specialization within the academic
competence of the University; and to authorize the awarding of certificates of
completion of non-degree and non-traditional courses;

: To establish and absorb non-chartered tertiary institutions within the

Province of Abra as branches and 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 access to
educational opportunities as mandated by the Constitution;

. To establish research and extension centers of the University where such will

promote the development of the University;

. To establish professorial chairs in the University and to provide fellowships

for qualified faculty members and scholarships to deserving students;

|. To delegate any of its powers and duties provided for hereinabove to the

President or other officials of the University as it may deem appropriate, so as
to expedite the administration of the affairs of the University;

. To 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; and to institute reforms, including academic and structural changes, on
the basis of the audit results and recommendations;

To collaborate with other governing boards of the state colleges and
universities within the Province of Abra or CAR, under the supervision of the
CHED and in consultation with the DBM, and work towards the restructuring
of the University to become more efficient, relevant, productive and
competitive;

- To enter into joint ventures with business and industry for the profitable

development and management of the economic assets of the University, the
Proceeds from which shall be used for the development and strengthening of
the University;

. To develop consortia and other economic forms of linkages with local

government units (LGUs), institutions and agencies, both public and private,


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local and foreign, in the furtherance of the purposes and objectives of the
University;

¥. To develop academic arrangements for institutional capability building with
appropriate institutions and agencies, public and private, local and foreign,
and to appoint experts or specialists as consultants, part-time or visiting or
exchange professors, scholars or researchers, as the case may be;

W. To set up the adoption of modern and innovative modes of transmitting
knowledge such as the use of information technology, the dual learning
system, open or distance education and community laboratory for the
promotion of greater access to education;

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

y To privatize, where most advantageous to the University, the management of
nonacademic services such as health, food, building or grounds or property
maintenance and such other similar activities; and

z To extend the term of the President of the University, whose performance has
been unanimously rated as outstanding and upon unanimous
recommendation by the search committee, beyond the age of retirement but
not beyond the age of seventy (70).

SEC, 8. Meetings of the Board. - The Board shall regularly convene once every
three (3) months. Whenever necessary, the chairperson of the Board may call, upon three (3)
days’ prior written notice to the members, a maximum of two (2) special meetings within the
same period.

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 the absence of the Chairperson of the CHED, a duly designated CHED
commissioner shall represent the Chairperson of the CHED in the meeting, with all the
rights and responsibilities of a regular member: Provided, That during this meeting, the
President of the University as vice chairperson shall be the presiding officer: Provided,
further, That this provision notwithstanding, the Chairperson of the CHED is hereby
authorized to designate a CHED commissioner as the regular chairperson of the Board, in
which case said CHED commissioner shall act as the presiding officer.


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In case the chairpersons of the Senate Committee on Education, Arts and Culture and
House Committee on Higher and Technical Education shall not be able to attend the Board
meeting, they may duly designate their respective representatives to attend the 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, President of the University. — The University shall be headed bya
President, who shall render full-time service and who shall be appointed by the Board,
subject to the guidelines, qualifications and standards set by the Board, upon
recommendation of a duly constituted search committee. The President of the University
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 university, the incumbent
President of the Abra State Institute of Sciences and ‘Technology shall serve as the first
President of the University.

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

In case of vacancy in the Office of the University President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of the President to
perform the functions of the office, the Board shall designate an officerin-charge of the
University within six (6) months from the date of vacancy, pending the appointment of a new
President. The successor or the officer-in-charge shall serve only the unexpired portion of
the term.

The powers and duties of the President of the University, in addition to those
specifically provided in this Act, shall be those usually pertaining to the Office of the
President of similar universities, and those delegated by the Board,

The salary of the President of the University shall be in accordance with the Revised
Compensation and Position Classification System and shall be comparable to that being
received by the presidents of similar educational institutions.

The President of the University shall be assisted by a Vice President for Academic
Affairs and a Vice President for Administration, who shall be appointed by the Board upon
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SEC. 10. 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 notice of the Board meetings.

SEC. 11. Treasurer of the University. ~The Treasurer of the Philippines shall be
the ex officio Treasurer of the University.

SEC. 12, Administrative Council. — There shall be an Administrative Council
consisting of the President of the University 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 University.

SEC. 13. Academic Council. — There shall be an Academic Council to be composed
of the President of the University, who shall act as chairperson, and all academic staff with
the rank of at least assistant professor, as members.

‘The Academic Council shall have the power to review and recommend the curricular
offerings and rules of discipline of the University, subject to the approval of the Board. It
shall fix the requirements for the admission of students, as well as for their graduation and
conferment of degrees, subject to review and approval by the Board through the President of
the University. It shall have the disciplinary power over students of the University and shall
formulate academic policies and rules and regulations on discipline, subject to the approval
of the Board.

SEC. 14. 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 University: Provided, That the appointment shall
be subject to the guidelines, qualifications and standards set by the Board: Provided,
further, That no member of the faculty shall teach for or against any particular church or
religious sect.

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

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

SEC. 16. Authority to Loan or Transfer Apparatus, Equipment, Supplies
and Detail of Personnel. - The heads of the bureaus and offices of the national

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

SEC. 17. Assets, Liabilities and Personnel. — All assets, real and personal,
personnel and records of the ASIST, 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.

Alll parcels of land belonging to the government occupied by the ASIST are hereby
declared to be property of the University and shall be titled under that name: Provided, That
should the University cease to exist or be abolished or should such parcels of land
aforementioned be no longer needed by the University, the same shall revert to the LGUs
concerned.

SEC. 18. Tax Exemption on Importation and Donations. ~ The importation
of economic, technical and cultural books or publications, which is for economic, technical,
vocational, scientific, philosophical, historical or cultural purposes, made by the University
upon certification by the CHED, shall be exempt from customs duties in accordance with the
provisions of the Tariff and Customs Code of the Philippines, as amended.

Donations in any form to the University shall be exempt from the donor's tax and the
‘same shall be considered as allowable deduction 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 of 1997, as amended.

SEC. 19. Appropriations. — ‘The amount necessary to carry out the provisions of
this Act shall be charged against the current year's appropriations of the ASIST, Thereafter,
Such sums as may be necessary for the continued operation and maintenance of the
University shall be included in the annual General Appropriations Act.

SEC. 20, Development Plan, Management Audit and Academic Structure.
— Within the period of one hundred twenty (120) days after the approval of this Act, the
University shall accomplish the following:

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a. Submit a five-year development plan, including its corresponding program
budget to the CHED, for corresponding recommendation to the DBM;

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

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

SEC. 21, Filing of Report. — On or before the fifteenth day of the second 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 progress, conditions and needs of the University.

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 University.

SEC. 23. Compliance with CHED Requirements. ~ ‘The provisions of this Act
notwithstanding, the conversion of the institution into a state university, shall become
effective only upon the determination and declaration by the CHED, based on the
recommendation of a panel of experts it shall constitute for the purpose, that the institution
has complied with the requirements for a university status based on CHED Memorandum
Order No. 46, series of 2012 (Policy-Standard to Enhance Quality Assurance in Philippine
Higher Education, through an Outcomes-Based and Typology-Based Quality Assurance):
Provided, That the panel may issue such recommendation when the institution has
substantially complied with the requirements for the grant of university status.

The following operational requirements for a university as established by the CHED
shall be complied with:

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

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

c. Viable research programs in specific (disciplinal and multidisciplinary) areas

of study that produce new knowledge as evidenced by refereed publications,
citations, inventions and patents, among others;

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

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

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

‘The institution shall retain its status prior to the effectivity of this Act, unless in the
meantime it is able to comply with the requirements provided herein, within a period not
later than January 1, 2020.

SEC. 24. Parity Clause. - All other powers, functions and privileges,
responsibilities and limitations to state universities and their officials under existing laws
shall be deemed granted to or imposed upon the University and its officials, whenever
appropriate.

SEC. 25. Implementing Rules and Regulations. ~ Within sixty (60) days from
the effectivity of this Act, the Board shall, in consultation with the CHED, formulate the
guidelines to fully implement the provisions of this Act.

SEC, 26. Separability Clause. - If any part or provision of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall remain in
full force and effect.

SEC. 27. 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, 28, Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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