Republic of the Philippines ly, ial
House of Representatives

Quezon City

Seventeenth Congress
‘Third Regular Session

House Bill No. 3137
Introduced by Representative Estrellita B. Suansing
EXPLANATORY NOTE

‘This bill provides for the establishment of a Polytechnic State College in the
Municipality of Cuyapo, Province of Nueva Ecija to be known as the Cuyapo
Polytechnic State College.

‘The Philippine Constitution provides that “The State shall give priority to
education, science and technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human liberation and
development.”!

Moreover, under Section 1, Article XIV of the 1987 Philippine Constitution, it
is further stated that:
“The State shall protect and promote the right of all citizens to
quality education at all levels and shall take appropriate steps to
make such education accessible to all.”

‘The Province of Nueva Ecija has two state universities, namely, the Central
Luzon State University (CLSU) in the Science City of Mufioz, and the Nueva Ecija
University of Science and Technology in Cabanatuan City.

Both campuses are far from the Municipality of Cuyapo, which lies at the
northernmost tip of the province, bordering Nueva Ecija and Pangasinan. Such
distance makes it hard for most of the prospective college students coming from the
said municipality and its neighboring towns as the trip not only entails additional
expenses but also takes a toll on their bodies.

This bill seeks to fulfill the State’s promise to make education accessible to
all. The establishment of a polytechnic state college will not only serve the
Municipality of Cuyapo, but also the neighboring towns surrounding it.

In view of the foregoing, the passage of this bill is earnestly sought.

4 Section 17, Article II of the 1987 Philippine Constitution



Republic of the Philippines
House of Representatives

Quezon City

Seventeenth Congress
Third Regular Session

House Bill No. 8137

Introduced by Representative Estrellita B. Suansing

AN ACT
ESTABLISHING A POLYTECHNIC STATE COLLEGE IN THE
MUNICIPALITY OF CUYAPO, PROVINCE OF NUEVA ECIJA TO BE KNOWN
AS THE CUYAPO POLYTECHNIC STATE COLLEGE AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Establishment. - There is hereby established a
polytechnic state college in the Municipality of Cuyapo, Province of Nueva
Ecija to be known as the Cuyapo Polytechnic State College, hereinafter
referred to as the College.

SECTION 2. General Mandate. - The College shall primarily
provide advanced education, higher technological, professional instruction
and training in the fields of agriculture, arts and sciences, teacher education,
commerce, business administration, engineering, and social sciences as well
as short-term technical and vocational courses that will support the
development of the Province of Nueva Ecija and Region Ill. It shall likewise
promote research and advanced studies in its areas of specialization.

SECTION 3. Curricular Offerings. - The College shall offer
undergraduate and graduate studies in the fields of agriculture, arts and
sciences, teacher education, commerce, business administration,
engineering, and social sciences as well as short-term technical and
vocational courses, and other courses within its areas of specialization and
according to its capability as the Board of Trustees may deem necessary to
carry out its objectives, particularly in meeting the needs of the Province of
Nueva Ecija and Region III.

‘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 Corporate Code of the Philippines.” The

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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 body of the
College shall be vested in its Board of Trustees, hereinafter referred to as the
Board, which shall be composed of the following:

(a) The Chairperson of the Commission on Higher Education
(CHED), Chairperson;

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

() The Chairperson of the Committee on Education, Arts and
Culture of the Senate, member;

(4) The Chairperson of the Committee on Higher and Technical
Education of the House of Representatives, member;

(c) The Regional Director of the National Economic and Development
Authority (NEDA) of Region III, member;

() The Regional Director of the Department of Science and
Technology (DOST) of Region III, member;

(g) The President of the faculty association of the College, member;

(h) The President of the student council or student representative
elected by the student council, member;

(i) The President of the alumni association of the College, member;
and

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

‘The Board shall appoint the two (2) prominent citizens from among a
list of five (5) qualified persons in the Province of Nueva Ecija, as
recommended by the search committee constituted by the College President,
in consultation with the Chairperson of the CHED and the other members of
the Board, based on the normal standards and qualifications for the position.

The term of office of the President of the faculty association, the
President of the student council and the President of the alumni association
shall be coterminous with their respective terms of office, as set forth in their
respective constitutions and bylaws.

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

SECTION 6. — 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:


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(a) To promulgate rules and regulations not contrary to law as may
be necessary to carry out the purposes and functions of the College;

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

(c) To import duty-free economic, technical and cultural books
and/or publications, upon certification by the CHED that such imported
books and/or publications are for economic, technical, vocational, scientific,
philosophical, historical or cultural purposes, in accordance with the
provisions of the Tariff and Customs Code of the Philippines, as amended;

(d) To receive in trust legacies, gifts and donations of real properties
of all kinds and to administer and dispose of the same when necessary for the
benefit of the College, 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 Revenue Code (NIRC) of 1997, as amended: Provided,
That such donations shall not be disposed of, transferred or sold;

() To fix the tuition fees and other necessary school charges such
as, but not limited to, matriculation fees, graduation fees and laboratory fees,
as the Board may deem proper to impose, after due consultations with the
involved sector.

Such fees and charges, including government subsidies and other
income generated by the College, shall constitute special trust funds and shall
be deposited in any authorized government depository bank, and all interests
that shall accrue therefrom shall form part of the same funds for the use of
the College.

Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the College from tuition fees and
other charges, as well as from the operation of auxiliary services and land
grants, shall be retained by the College and may be disbursed by the Board
for instruction, research, extension or other programs and/or projects of the
College: Provided, That all fiduciary fees shall be disbursed for the specific
purposes for which they are collected.

If, for reasons beyond its control, the College 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
College;


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() 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 property, including necessary supplies, materials and equipment;

(h) To appoint, upon recommendation of the President of the College,
Vice Presidents, deans, directors, heads of campuses, faculty members and
other officials and employees of the College;

(i) To fix and adjust salaries of faculty members and administrative
officials and employees, subject to the provisions of the Revised Compensation
and Position Classification System and other pertinent budget and
compensation laws governing hours of service, and such other duties and
conditions as it may deem proper; to grant them, at its discretion, leaves of
absence under such regulations as it may promulgate, any provision of
existing law to the contrary notwithstanding; and to remove them for cause
in accordance with the requirements of due process of law;

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

(k) To set policies on admission and graduation of students;

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

(m) To establish and absorb non-chartered tertiary institutions
within the Province of Nueva Ecija 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 education 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 and/or other officials of the College as it may deem
appropriate, so as to expedite the administration of the affairs of the College;

(q) To authorize an external management audit of the College, to be
financed by the CHED, subject to the rules and regulations of the Commission

4


on Audit (COA); and to institute reforms, including academic ad structural
changes, on the basis of the audit results and recommendations;

(7) To collaborate with other governing boards of the state colleges
and universities within the Province of Nueva Ecija, 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;

(s) To enter into joint ventures with business and industry for the
profitable development and management of the economic assets of the
College, the proceeds from which shall be used for the development and
strengthening of the College;

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

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

(v) To set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information technology, the dual
learning system, open learning or distance education and community
laboratory for the promotion of greater access to 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,
management of nonacademic services such as health, food, building or
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 governing board as outstanding, based on the
guidelines, qualifications and/or standards set by the Board, after
unanimous recommendation by the search committee.

SECTION 7. 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 Board 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 the Presiding Officer.

In case the Chairpersons of the Congressional Committees on
Education shall not be able to attend the Board meeting, they may duly
designate their respective representatives to attend the said meeting, who

shall have the same rights and responsibilities as a regular member of the
Board.

SECTION 8. Compensation. — 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. 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 10. —_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.

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

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

In case of vacancy in the Office of the President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of the
President to perform the functions of his/her office, the Board shall designate
an Officer-in-Charge of the College within six (6) months from the date of the
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 shall be assisted by a Vice President for Academic Affairs
who shall be appointed by the Board upon the recommendation of the
President.

SECTION 11. The Secretary of the College. - The Board shall
appoint a Secretary who shall serve as such for both the Board and the College
and shall keep all records and proceedings of the Board. The Secretary shall
communicate to each member of the Board the notice of meetings.

SECTION 12. The Treasurer of the College. - The Treasurer of the
Philippines shall be the ex officio treasurer of the College. All accounts and
expenses of the College shall be audited by the Commission on Audit or its
duly authorized representative.

SECTION 13. 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, however, 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 set.

SECTION 14. Administrative Council. - There shall be an
Administrative Council consisting of the President of the College as
Chairperson, the vice president(s), deans, directors and other officials of equal
rank, as members, whose duty is to review and recommend to the Board the
policies governing the administration, management and development
planning of the College.

SECTION 15. Academic Council. - There shall be an Academic
Council, with the President of the College, as Chairperson, and all members
of the instructional staff with the rank not lower than 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 for
appropriate action of the Board. It shall fix the requirements for admission as


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well as for graduation and conferment of degrees, subject to review and/or
approval by the Board through the President of the College.

SECTION 16. Admission. — No student shall be denied admission
to the College by reasons of sex, nationality, religion, political affiliation,
physical disability, cultural or community affiliation or ethnic origin.

SECTION 17. Scholarship Program. - The College shall provide for
a scholarship program and other affirmative action programs to assist poor
but deserving students who qualify for admission to the College.

SECTION 18. 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 19. Authority to Loan or Transfer
Apparatus/Equipment/ Supplies and Detail of Personnel. — The heads of the
bureaus and offices of the national government are hereby authorized to loan
or transfer, upon the request of the President of the College, such apparatus,
equipment or supplies as may be needed by the College, and to detail
employees for duty therein when, in the judgment of the head of bureau or
office, such apparatus, equipment, supplies or services of such employees can
be spared without serious detriment to 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 20. Campus Site. - The College shall have an area of not
less than five (5) hectares, at least three (3) hectares of which are contiguous
to the main campus, for its exclusive use as campus site for its academic and
instructional programs, research and development activities and
experimental and laboratory facilities.

The Board shall forthwith recommend a suitable site within the
Municipality of Cuyapo for this purpose. This parcel of land to be occupied by
the Cuyapo Polytechnic State College is hereby declared to be the property of
the College, and shall be titled under that name: Provided, That should the
College cease to exist or be abolished, or should said parcel of land
aforementioned be no longer needed by the College, the same shall revert to
the LGU concerned.

SECTION 21. 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 22. Annual Report. - On or before the fifteenth (154) day
of the second (24) month after the opening of the regular classes each year,
the President of the College shall file with the Office of the President of the
Philippines through the Chairperson of the CHED, and with the Senate and
the House of Representatives, a detailed report on the progress, conditions
and needs of the College.

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 College.

SECTION 24. 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 25. Appropriations. - The amount necessary to carry out
the provisions of this Act shall be included in the annual General
Appropriations Act.

SECTION 26. _ Implementing Rules and Regulations. - The Board, in
consultation with the CHED, shall formulate the guidelines 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 thereby shall remain in full force and effect.

SECTION 28. 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 29. _Effectivity. - This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,