Republic of the Philippines

House of Representatives
Constitution Hills, Batasan Complex, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__3194

Introduced by Representative ADOLPH EDWARD G. PLAZA
2° District, Agusan del Sur

“AN ACT
CONVERTING THE AGUSAN DEL SUR STATE COLLEGE OF
AGRICULTURE AND TECHNOLOGY (ASSCAT) IN THE
MUNICIPALITY OF BUNAWAN, PROVINCE OF AGUSAN DEL SUR
INTO A STATE UNIVERSITY, INTEGRATING THEREWITH THE
SATELLITE CAMPUS IN THE MUNICIPALITY OF TRENTO,
PROVINCE OF AGUSAN DEL SUR TO BE KNOWN AS THE AGUSAN
DEL SUR STATE UNIVERSITY (ADSSU), AND APPROPRIATING
FUNDS THEREFOR”

Explanatory Note

The Province of the Agusan del Sur is a landlocked province known
for having a vast agricultural resource base playing a significant role in the
successful economic growth of the province. The vibrancy of the
agricultural sector of Agusan del Sur mirrors the metamorphosis of the
Manobo Farm School into what is known today as the Agusan Del Sur
State College of Agriculture and Technology (ASSCAT).

The Agusan Del Sur State College of Agriculture and Technology
(ASSCAT) has been in existence for more than hundred ten (110) years
and has undergone a series of institutional transformations through the
years to meet the local demands for the agricultural and industrial
development. It was envisioned to be the premier agro-industrial Higher

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Education Institution to complement the endeavors of the provincial
government to produce socio-economic benefits for the Agusanons.
Today, it maintains a main campus and a satellite campus located in the
municipalities of Bunawan and Trento, respectively, catering the
educational needs of the Agusanons and the CARAGA region fulfilling
thereto its mandate under the law to promote pertinent agro-based
educational programs.

Through the efforts of former Representative Evelyn P. Mellana, the
bill passed Third (3) Reading during the Seventeenth (17) Congress
and remained pending in the Senate since February 7, 2019. In keeping
with the aspirations of the aforementioned bill, this bill is refiled seeking
the conversion of Agusan Del Sur State College of Agriculture and
Technology (ASSCAT) to Agusan Del Sur State University (ADSSU) in
consonance with the Constitutional mandate of the State to establish,
maintain, and a complete, adequate and integrated system of education
relevant to the needs of the people and society. Considering that these
campuses are situated in the rural areas, it is also imperative to note that
the conversion of ASSCAT into a state university is a realization of the
provisions of the Philippine Constitution relating to the protection and
promotion of the right of all citizens to quality education at all levels and
establishing the appropriate steps to be taken to make education
accessible to all.

Furthermore, as we face the challenges of a globalizing world it is
imperative that every corer of the country is given the chance to develop
and improve based on their unique character in order to contribute in the
overall competitiveness of our country in this highly competitive setting.
For the Province of Agusan del Sur and the Caraga Region as well, it is
high time to elevate the status of ASSCAT into a state university to enable
this section of the country to come in step with current developments for
the benefit of its people and the country.

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

ADOLPH EDWARD G. PLAZA
2"4 District, Agusan del Sur


Republic of the Philippines
House of Representatives
Constitution Hills, Batasan Complex, Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

House Bill No.__ 3194

Introduced by Representative ADOLPH EDWARD G. PLAZA
2%? District, Agusan del Sur

“AN ACT
CONVERTING THE AGUSAN DEL SUR STATE COLLEGE OF

AGRICULTURE AND TECHNOLOGY (ASSCAT) IN THE MUNICIPALITY

OF BUNAWAN, PROVINCE OF AGUSAN DEL SUR INTO A STATE
UNIVERSITY, INTEGRATING THEREWITH THE SATELLITE CAMPUS IN

THE MUNICIPALITY OF TRENTO, PROVINCE OF AGUSAN DEL SUR
TO BE KNOWN AS THE AGUSAN DEL SUR STATE UNIVERSITY
(ADSSU), 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 Agusan del Sur State College of
Agriculture and Technology (ASSCAT) in the municipality of Bunawan,
Province of Agusan del Sur, including its existing satellite campus in the
Municipality of Trento is hereby converted into a state university to be known
as the Agusan del Sur State University (ADSSU), and hereinafter referred to
be known as the University. Its main campus shall be in the Municipality of
Bunawan.


instruction in the fields of agriculture, agribusiness management, science
and technology, teacher education, forestry, engineering, arts and
sciences, nontraditional courses, and other relevant fields of study. It
shall also undertake research, extension services and production
activities in support of the development of the Province of Agusan del
Sur and provide aggressive leadership in its areas of specialization.

Sec.3. Curricular Offerings. - The University shall offer
undergraduate and graduate programs in the fields of agriculture,
agribusiness management, science and technology, teacher education,
forestry, engineering, and as the Board of Regents may deem necessary
to carry out its objectives, and meet the human resource development
needs of the Province of Agusan del Sur and the CARAGA Region.

The University may operate a reasonably- sized laboratory school.

Sec. 4. 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. 5. The Governing Board. - The governing board of the
University shall be the Board of Regents, hereinafter referred to as the
Board, which shall be chaired and co-chaired by the Chairperson of the
Commission on Higher Education (CHED) and the President of the
University, respectively, with the following, as members:

a. Chairperson of the Committee on Education, Arts and
Culture of the Senate;

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

c. Regional Director of the National Economic and

Development Authority (NEDA);

. Regional Director of the Department of Agriculture (DA);

e. Regional Director of the Department of Science and
Technology (DOST);

f. President of the federation of faculty associations, of the
University;

g. President of the federation of student councils, of the
University;

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h. President of the federation of alumni associations, of the
University; and

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

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

Membership in the governing board of the President of the
federation of faculty associations, the President of the federation of
alumni associations, and the President of the federation of student
councils, shall be coterminous with their terms of office as provided
under their respective constitutions and bylaws.

SEC. 6. Powers and Duties of the Board. — |n addition to its
general powers of administration and the powers granted to the Board of
Directors of a corporation under existing laws, the Board shall have the
following specific powers and duties:

a. Promulgate and implement policies in accordance with the
declared State policies and the provisions of the
Constitution on education, agriculture, science and
technology, as well as the policies, standards and thrusts
of the CHED under the Republic Act No. 7722, otherwise
known as the “Higher Education Act of 1994”;

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

c. Appoint, upon the recommendation of the President of the
University, the vice presidents, deans, directors, heads of


the campuses, faculty members and other officials and
employees of the University;

d. Fix and adjust the salaries of faculty members, and
administrative officials and employees, subject to the
provisions of the Revised Compensation and Position
Classification System and other pertinent budget and
compensation laws, including those governing hours of
service and such other duties and conditions as it may
deem proper; 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 remove them for cause in
accordance with the requirements of due process of law;

e. Fix the tuition fees and other necessary school charges,
such as matriculation fees, graduation fees, and
laboratory fees, as the Board may deem proper to
impose, after due consultation with the concemed sectors.
The fees and charges, including government subsidies
and other income generated by the University, shall
constitute its special trust funds and shall be deposited in
any authorized government depositary bank: Provided, all
interests shall accrue therefrom shall form part of the
same funds for the use of the University;

Any provision of existing law, rules or 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 of instruction, research, extension services or
other programs and projects of the University: Provided, That all
fiduciary fees shall be disbursed for the specific purposes for which
these are collected; Provided however, That if, for reasons beyond its
control, the University shall not be able to pursue any project for which
the funds have been appropriated and allocated under its approved
program of expenditures, the Board may authorize the use of the funds
for any reasonable purpose which, in its discretion, may be necessary
and urgent for the attainment ‘of the objectives and goals of the

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University;

. Adopt and implement a socialized scheme of tuition and

other school fees for greater access of poor but deserving
students in accordance with RA No. 10931 or the
“Universal Access to Quality Tertiary Education Act’,

. Establish professional chairs in the University and provide

fellowships for qualified faculty members, and
scholarships to deserving students;

. Receive and appropriate all sums as may be provided for

the support of University in the manner it may determine,
in its discretion, in order to carry out the purposes and
functions of the University;

|. Set the policies on admission and graduation of students;

j. Award honorary degrees upon persons in recognition of

their outstanding contribution in the fields of education,
public service, arts, science and technology, agriculture or
any field of specialization within the academic
competence of the University, and authorize the awarding
of certificates of completion of non-degree and non-
traditional courses;

_ Establish research and extension centres to promote the

development of the University;

. Develop academic arrangements for institutional

capability building with appropriate partners whether
public, private, local or foreign institutions and agencies,
and appoint experts/specialists as consultants, part-
time/visiting/ exchange professors, scholars or
researchers, as the case may be;

Adopt modem and innovative modes of transmitting

knowledge for the promotion of greater access to
education such as the use of information technology, dual


training system, open distance learning, and community
laboratory;

. Collaborate with the governing boards of state universities
and colleges (SUCs) within the Provinces of Agusan del
Sur and Caraga Region, under the supervision of the
CHED and in consultation with the Department of Budget
and Management (DBM), in reconstructing the University
to make it more efficient, relevant, productive and
competitive;

. Absorb non-chartered tertiary institutions within the
Province of Agusan del Sur and CARAGA region, as
branches an extension/ external centers, in coordination
with the CHED and in consultation with the DBM, and
offer therein programs or courses to promote and carry
out equal access to educational opportunities, as
mandated by the Constitution;

. Authorize an external management audit of the University,

to be financed by the CHED, subject to the rules and
regulations of the Commission on Audit (COA) and
institute reforms, including academic and structural
changes, on the basis of the audit results and
recommendations;

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

Import economic, technical and cultural books and
publications;

. Enter into joint ventures with business and industry for the
profitable development and management of the economic
and strengthening of the University;


. Receive, in trust, legacies, gifts and donations of real and
personal properties of all kinds and administer and
dispose of the same, when necessary, for the benefit of
the University, and subject to the limitations, directions
and instructions of the donor, if any;

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

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

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

. Where most advantageous to the University, privatize the
management of non- academic services such as health,
food, building or grounds or property maintenance, and
such other similar activities; and

. Promulgate rules and regulations, as may be necessary,
to carry out the purposes and functions of the University.

SEC. 7. Meetings of the Board. — The Board shall regularly
convene once every quarter. The Chairperson of the Board may,
however, upon three (3) days’ prior written notice, call a maximum of two
(2) special meetings whenever necessary within the year.

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 University is among those

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present in the meeting.

In the absence of the CHED Chairperson, a Commissioner of the
CHED, duly designated by the CHED Chairperson as representative in
the meeting, shall have 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 proviso, 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.

In case the Chairpersons of the Senate Committee on Education,
Arts and Culture and the House Committee on Higher and Technical
Education will not be able to attend the Board meeting, they may
designate their respective representatives to attend the meeting, who
shall have the same rights and responsibilities as regular members of
the Board.

The members of the Board shall not receive any salary, but shall
be entitled to reimbursements for actual and necessary expenses
incurred, either for their attendance to the meetings of the Board or in
connection with other official business authorized by resolutions of the
Board, subject to existing laws and regulations.

SEC. 8. The University President. - The University shall be
headed by a President, who shall render full-time service and shall be
appointed by the Board, upon the recommendation of a duly constituted
search committee. The President shall serve a term of four (4) years and
shall be eligible for reappointment to another term: Provided, That in
order to effect the smooth transition of the ASSCAT to a state university,
the incumbent President of the ASSCAT, if qualified, 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.

The Board shall designate an officer-in-charge (OIC) of the
University in case of vacancy in the Office of the President by reason of
death, compulsory retirement, resignation, removal for cause, oF
incapacity of the President to perform the functions of the office, pending
the appointment of a new President: Provided, That the OIC shall serve

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only during the unexpired portion of the term.

The powers and duties of the President of the President of the
University, in addition to those 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, as
modified by Joint Resolution No. 4 dated June 17, 2009, and by such
other laws amendatory thereto, which may hereinafter be enacted, and
shall be comparable to that being received by the Presidents of similar
educational institutions.

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

SEC.9. The 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 in
addition to other duties and responsibilities. The Secretary of the
University shall serve upon each member of the Board the appropriate
notice of Board meetings.

SEC. 10. The Treasurer of the University. - The Treasurer of the
Philippines shall be ex officio treasurer of the University.

SEC.11. Administrative Council- There shall be an
Administrative Council consisting of the President of the University, as
Chairperson, and the vice presidents, deans, directors and other officials
of equal rank, as members, whose duty is to review and recommend to
the Board such policies governing the administration, management and
development planning of the University.

SEC.12. The Academic Council. — There shall be an Academic
Council to be composed of the President of the University, who shall act
a sits Chairperson and all academic staff with the rank of at least an
assistant professor, as members.

The Academic Council shall have the power to review and

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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 the review and
approval of the Board through the President of the President of the
University.

It shall have disciplinary power over the students of the University
and shall formulate academic policies, rules and regulations on
discipline, subject to the approval of the Board.

SEC. 13. Heads of University Campuses. — The Campus
Directors shall serve as heads or administrators of the University
campuses and shall render full-time service.

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

SEC. 14. The Faculty. — No political belief, gender preference,
cultural preference or community affiliation, ethnic origin, nor 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 a member of the faculty shall not criticize,
vouch for, recruit members in behalf of, or preach about any particular
church or religious sect.

SEC. 15. 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 Philippine
Constitution.

SEC. 16. Scholarship Program/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, political, cultural or community affiliation, and ethnic

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origin.

SEC. 17. Authority to Loan or Transfer Apparatus/
Equipment/Supplies and Detail of Personnel. — The heads of the
bureaus and offices of the National Government are hereby authorized
to loan or transfer, upon the request of the President of the University,
such apparatus, equipment or supplies as may be needed of the
President of the University, and 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
University and the time so employed shall be counted as part of their
regular service.

SEC. 18. Assets, Liabilities and Personnel. — All assets, real
and personal, personnel and records of the ASSCAT, as well as its
liabilities or obligations, are hereby transferred to the University:
Provided, That the positions, rights and security of tenure of the faculty
members and personnel therein employed under existing laws prior to
the conversion into a University shall be respected: Provided, further,
That the incumbents of the positions shall remain in the same status
until otherwise provided for by the Board: Provided, finally, That the
University shall also include an upgrade or increase in its human
resource component.

All parcels of land belonging to the government occupied by the
ASSCAT are hereby declared to be property of the University, and shall
be titled under its name: Provided, That should the University cease to
exist or be abolished or should such aforementioned parcels of land be
no longer needed by the University, the same shall revert to the
concemed LGU or to the Republic of the Philippines, as the case may
be.

SEC. 19. Tax Exemption. — The importation of economic,
technical and cultural books and publications, which are for economic,
technical-vocational, scientific, philosophical, historical or cultural
purposes made by the University, upon certification by the CHED, shall
be exempt from customs duties in accordance with the provisions of RA
No. 10863, otherwise known as the “Customs Modernization and Tariff
Act.”

All grants, bequest, endowments, donations and contributions

13


made to the University and used actually, directly and exclusively by it,
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. 20. 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 requirements for a university, as established by the
CHED, shall be complied with:

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

b. The University must offer a comprehensive range of degree
programs in all levels, from basic post-secondary to doctoral
programs.

c. The University shall have conducted viable research programs
in specific disciplinal and multidisciplinary areas of study,
produce new knowledge, as evidenced by referred publications,
citations, inventions, and patents, among others;

a

|. The University shall possess comprehensive learning resources
and support structures (such as libraries, practicum
laboratories, relevant educational resources, and linkages with
the relevant disciplinal and professional sectors) So as to allow

14


students to explore basic, advance, and even cutting knowledge
in a wide range of disciplines or professions;

e. The University must have and maintain linkages with other
research institutions in various parts of the world to ensure that
the research activities of the University are functioning at
current global standards; and

f. The University must conduct outreach activities to allow the
students, faculty, and research staff to apply the new
knowledge they generate to address specific social
development problems.

The CHED, through its regional office, shall regularly provide
technical assistance to the institution and monitor compliance with the
requirements of the Commission.

The institution shall retain its status prior to the effectivity of this Act
until it is able to comply with the requirements provided herein.

SEC.21. Development Plan, Management Audit,
Organization/Administrative/Academic Structure. - Within a period of
one hundred twenty (120) days after the approval of this Act, the
University shall accomplish the following:

a. Submit a five (5)- year development plan, including its program
budget, to the CHED for corresponding recommendation to the
DBM.

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

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

SEC.22. Filing of Report.- On or before the fifteenth day of the
second month after opening of the regular classes each year, the Board
shall file with the Office of the President of the Philippines and both
Houses of Congress, through the CHED Chairperson, a detailed report
on the progress, conditions and needs of the University.

SEC.23. Supplementary Application.- The provisions of Republic
‘Act No. 8292, otherwise known as the “Higher Education Modernization

1s


Act of 1997”, shall be an integral part of this Act and shall serve as part
of the governing charter of the University.

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 or its officials, whenever appropriate.

SEC.25. Appropriations. - The amount necessary to carry out the
initial implementation of this Act shall be charged against the current
year’s appropriations of the ASSCAT. 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. The
Municipality of Trento shall continue to provide the same funding to the
ASSCAT satellite campus corresponding to the funding given before the
same is integrated into the ADSSU until such time that the full funding
requirement of the University is included in the annual General
Appropriations Act.

SEC.26. Implementing Rules and Regulations. - Within sixty
(60) days after the effectivity of this Act, the Board shall, in consultation
with the CHED, formulate the rules and regulations to fully implement
the provisions of this Act.

SEC.27. - Separability Clause. - |f, for any reason, any part or
provision of this Act is declared invalid or unconstitutional, the remaining
parts or provisions not affected shall remain in full force and effect.

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

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

Approved,