Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3929

o
House Bill No.

Introduced by: REPRESENTATIVE CELSO L. LOBREGAT

AN ACT CONVERTING THE ZAMBOANGA CITY STATE
POLYTECHNIC COLLEGE INTO A STATE UNIVERSITY TO BE
KNOWN AS ZAMBOANGA PENINSULA POLYTECHNIC STATE

UNIVERSITY AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Zamboanga City State Polytechnic College is a seasoned higher
education institution catering technology education and the oldest in
Region IX, Zamboanga Peninsula. It was established in 1905 until it
attained its present status as state college. It is likewise the only
higher education institution in the City of Zamboanga and the entire
Zamboanga Peninsula Region, which focuses its programs on
technology, and technology related education. While there are other
higher education institutions in the region, they have totally different
programs in terms of field of specializations such as comprehensive
higher education programs involving medical and allied fields, liberal
arts education, natural and social sciences, economics and business
and other programs, which focused on fisheries and agriculture.

The Zamboanga City State Polytechnic College as a university
having its humble beginning as a former trade school fits most its
mandate to implement programs in industry technology. The role of
technology programs with the advent of ASEAN Harmonization 2015
is very important and will be very much felt staring the year 2015.
Hence, higher technology education programs with emphasis on
technological research innovations, technology inventions and
discovery of cutting-edge knowledge must be given preferential
attention at this point in time. It is where the Zamboanga City State
Polytechnic College as a university shall have its program focused.

The curriculum of the proposed University is also unique and
totally different from other higher education institutions not only in
Zamboanga City and Region IX but also in the entire Mindanao in

1


terms of implementation. The curriculum of the university is designed
to cater a target clientele in lowest socio-economic level of society
through the implementation of the fully ladderized curriculum
programs. Ladderized in a sense that in each year level there is a
determined exit point where a student is awarded a Certificate of
Proficiency or a Diploma commensurate to a particular job description
requirements needed in industry. The awarding of a Proficiency
Certificate or Diploma gives student a qualification indicating his level
of skills for a particular job to give him an opportunity to engage in
gainful work and when ready at any given semester can return to the
university to continue the next year level until a student graduates
from a particular degree. In this way, the university program resolves
the problem on job-qualification mismatch and supports the
realization of the Philippine Qualification Framework (PQF) designed
to attained global competitiveness of Philippine education.

‘The conversion of the Zamboanga City State Polytechnic College
to a University is the response of Zamboanga City as a center of
education, trade and industry in Zamboanga Peninsula and the
entirety of Southern Philippines to the ever-growing demand for
quality technology education and strong technological researches. In
the labor force sector, the aim of the university is to provide quality
industry professionals, responsible labor force complementary to the
exploration and utilization of natural and other resources in
Zamboanga Peninsula Region as well as production of globally
competitive labor force, technologist and scientist ready to compete in
the ASEAN and world labor market.

Zamboanga City State Polytechnic College if converted into a
university status is assured of achievement towards the zenith of its
vision for globally competitive and progressive technology programs,
which it has been catering for the last one hundred and ten years. By
this, the new University could provide more opportunities for the
people of the region to avail higher technology education needed now
and much more in the future. Finally, in this modern age and in
ASEAN in particular, national economy cannot grow without a strong
technology foundation, which the proposed Zamboanga Peninsula
Polytechnic State University is envisioned and committed to fulfill.

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

yao Lao Prtgat
CELSO L. LOBREGAT
Representative
Zamboanga City, 1% District



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3929

House Bill Ko.

Introduced by: REPRESENTATIVE CELSO L. LOBREGAT

AN ACT CONVERTING THE ZAMBOANGA CITY STATE
POLYTECHNIC COLLEGE INTO A STATE UNIVERSITY TO BE
KNOWN AS ZAMBOANGA PENINSULA POLYTECHNIC STATE

UNIVERSITY AND FOR OTHER PURPOSES

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

SECTION 1. Conversion.The Zamboanga City State Polytechnic
College in the city of Zamboanga is hereby converted into a State
University to be known as Zamboanga Peninsula Polytechnic State
University, hereinafter referred to as the University.

SECTION 2. Purpose of the University.- The University shall be an
institution of higher learning which leads in dynamic, unique and
distinct academic standards in technology education, advancement of
innovations and discoveries through science and technology
researches, instructions, advance graduate and__ professional
education and training and other related undertakings supportive to
technology and higher than minimum standards set by the
Commission on Higher Education.

SECTION 3. General Mandate.. The University shall have the
mandate to conduct technology researches for commercialization
purposes, linkages with industries and manufacturers, and shall have
the sole authority to determine the details of program success in
terms of its collaboration and partnership with other agencies and
industries domestic or foreign.

SECTION 4. 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.


SECTION 5. Curricular Offerings. The University shall offer
advanced and graduate studies, undergraduate and diploma
programs and short term technical programs within the purview of its
area of specializations as its Board of Regents may deem necessary to
carry out its objectives in order to meet the needs of its service area
and demands for global competitiveness.

SECTION 6. Heritage/ Centennial Institution.- The University shall
be considered as a heritage of the City of Zamboanga which therefore
shall retain its independent status, remain a separate entity and
preserve its identity in view of its being as a centennial institution and
an asset significant to the history of Zamboanga City and the whole
Zamboanga Peninsula Region.

SECTION 7. Administration.- The University shall have the general
powers of a corporation set forth in the Corporation Code. The
administration of the College and the exercise of its corporate powers
shall be vested in the Board of Trustees.

SECTION 8. The Governing Board.- The governing body of the State
University shall be the Board of Regents, hereinafter referred to as the
Board, which shall be composed of the following:

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

b) The president of the University, Vice Chairperson;

c) The Chairperson of the Committee on Education, Arts and

Culture of the Senate, Member;

The Chairperson of the Committee on Higher and Techni

Education of the House of Representatives, Member;

The regional director of the National Economic and Development

Authority (NEDA), Member;

f) The regional director of the Department of Science and

‘Technology (DOST), Member;

The president of the federation of faculty associations of the

University, Member;

The president of the federation of student councils of the

University, Member;

The president of the federation of alumni associations of the

University, Member; and

Two (2) prominent citizen who have distinguished themselves in

their professions or fields of specializations of the University,

chosen from among a list of at least five (5) qualified persons in

the City of Zamboanga or the Zamboanga Peninsula Region; as

recommended by the search committee constituted by the

College President, in consultation with the chairman of the

dj

¢)

8)

h


CHED, based on the normal standards and qualifications of the
position, members.

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 fro the date of appointment.

SECTION 9. Power and Duties of the Board of Regents.- The Board
shall have the following specific powers and duties in addition to its
general powers granted to the Board of Directors of a corporation
under existing laws:

a. The Board shall promulgate and implement policies in
accordance with the declared State policies on education and
other pertinent provisions of the Constitution on education,
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 enact rules and regulations not contrary to law as may be
necessary to carry out the purpose and functions of the
University;

c. To receive and appropriate all sums as may be provided, for the
support of the University in the manner it may determine, in its
direction, to carry out the powers and functions of the
University;

d, To import economic, technical and cultural books and/or
publications;

e. To receive in trust, legacies, gifts and donations of real and
personal properties of all kinds and to administer and dispose
the same when necessary for the benefit of the University, and
subject to the limitations, directions and instructions of the
donor, if any. Such donations shall be exempted 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, as amended. Provided that
such donation shall not be disposed, 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 consultation with the involved sectors;


Such fees and charges, including government subsidies and
other income generated by the University, shall constitute special
trust funds and shall be deposited in any authorized government
depository bank, and all interest that shall accrue therefrom shall
form part of the same funds for the use of the 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, earch,
extension, or other programs/projects of the University. Provided that
all fiduciary fees shall be disbursed for the specific purpose for which
they are collected.

If for reason 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 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;

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

h. 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. Purchases and other
transactions entered into by the University through the Board of
Regents shall be exempted from all taxes and duties;

i. To appoint, upon recommendation of the president of the
University, vice presidents, deans, directors, heads of
departments and faculty members and other officials and
employees of the University;

j. 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 as it may deem proper;
to grant them, at its discretion, leaves of absence under such
regulations as it may promulgate, any provisions of existing
laws to contrary notwithstanding; and to remove them for a
cause in accordance with the requirements of due process of
law;

k. To approve the curricula, institutional programs and rules of
discipline drawn by the administrative and academic councils
as herein provided;

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


m.To award honorary degrees upon persons in recognition of
outstanding contribution in the field of education, science and
technology or any field of specialization within the academic
competence of the University and to authorize the award of
certificate of completion of non-degree and non-traditional
course;

n. To establish, within the City of Zamboanga, branches, centers,
stations, etc., 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 mandated
by the Constitution;

. To establish, within the City of Zamboanga, research and
extension centers of the University wherein such will promote
the development of the latter;

p. To establish units in the University to provide fellowship for
qualified faculty members and scholarships to deserving
students;

q. To delegate any of its powers and duties provided for herein
above 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;

r. To authorize an external management audit of the institution, to
be financed by the CHED and to institute reforms, including
academic and structural changes, on the basis of audit results
and recommendations;

s. 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 same;

t. To develop consortia and other forms of linkages with local
government units, institutions and agencies, both public and
private, local and foreign, in furtherance of the purpose and
objectives of the University;

u. To develop academic arrangements for institutional capability
building with appropriate institutions and agencies, public or
private, local or foreign, and to appoint experts/ specialists as
consultants, part-time or visiting or exchange professors,
scholars, 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 system, open learning, community
laboratory, etc., for the promotion of greater access to higher
education;



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

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

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

SECTION 10. Meetings of the Board.- The Board of Regents shall
regularly convene once every three (3) months. Whenever necessary,
the Chairperson of the Board may call, upon three (3) days’ prior
written notice, a maximum of two (2) special meetings within the same
period.

A quorum of the Board of Regents shall consist of majority of all
its members holding office at the time of meeting. Provided, however,
that the Chairperson of the CHED, who is chairman 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 commi:
of the CHED, duly designated by him, shall represent him in the
meeting with all rights and responsibilities of a regular member.
Provided further, that the preceding 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
commissioner shall act as the presiding officer.

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 pertinent existing laws and regulations.

SECTION 11. The University President.- The University shall be
headed by the President who shall render full-time service. The Board
upon recommendation of duly constituted search committee shall
appoint the President. He shall hold office for a term of four (4) years,
extendible only for another four (4) years.

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 office, the
Board shall have the authority to designate an Officer-In-Charge of
the University pending the appointment of a new President.


In case of vacancy in the office of the President, his successor
shall hold office for the unexpired term. Provided, that such unexpired
term is more than two (2) years, then such shall be considered as one
full term for the successor.

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.

all be in

The salary of the President of the State Uni
d Compensation and Position Classification
shall be comparable to that being received by the
presidents of similar educational institutions of like standing.

SECTION 12. The Secretary of the University.- The Board shall
appoint a secretary who shall serve as such in both the Board and the
University and shall keep all records and proceedings of the Board. He
shall communicate to each members of the Board notice of meetings.

SECTION 13. The Treasurer of the University.- The Treasurer of
the Philippines shall be the ex officio treasurer of the University.

SECTION 14. The Administrative Council.- There shall be an
administrative council consisting of the president of the University as
chairman, the vice president(s), deans, directors, and other officials of
equal rank whose duty is to implement the policies governing the
administration, management and development of the University, as
approved by the Board.

SECTION 15. The Academic Council.- There shall be an academic
council with the President of the University as the chairman and all
the members of the instructional staff with the rank not lower than
assistant professor, as members. The academic council shall have the
power to prescribe curricular offerings, subject to the approval of the
Board. It shall fix the requirements for admission to the University, as
well as for graduation and the conferring of degrees, subject to review
and/or approval by the Board through the President of the University.
It shall have disciplinary power over the students and, shall formulate
academic policies, rules and regulations on discipline. The Board shall
approve such policies, rules and regulations.

SECTION 16. The Faculty.- No religious opinion or affiliation shall be
a matter of inquiry in the appointment of faculty members of the
University. Provided, however, that no member of the faculty shall
teach for or against any particular church or religious sect.

SECTION 17. Scholarship Program/Admission.- ‘The University
shall provide a scholarship program and other affirmative action
programs to assist poor but deserving students to qualify for
admission to the University. No student shall be denied admission to

9



the University by the reason of sex, religion, cultural or community
affiliation or ethnic origin.

SECTION 18. 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 transfer, upon request of the President of the
University, such as apparatus, equipment or supplies as may be
needed by the University, and to detail employees for duty therein
when, in the judgment of bureau or office, such apparatus,
equipment, supplies or services of such employees can be spared
without serious detriment to the public service. Employees so detailed
shall perform such duties required of them by the President of the
University, and the time so employed shall be counted as part of their
regular services.

SECTION 19. Assets, Liabilities and Personnel.- All assets, fixed
and movable including those formerly used by other agencies
constructed in its campus, personnel and records of Zamboanga City
State Polytechnic College, as well as liabilities or obligations, are
hereby transmitted to the ownership of the University. Provided,
however, that the positions, rights and security of tenure of personnel
therein employed under existing laws prior to its conversion into a
University are not impaired. Provided, further, that the incumbents of
the positions shall remain under the same status until otherwise
provided by the Board. All parcels of land belonging to the
government, occupied by the Zamboanga City State Polytechnic
College, are hereby declared to be the property of the University and
shall be titled under its name. Provided furthermore, that should the
University cease to exist or be abolished or such parcels of land
aforementioned are no longer needed by the University, the same shall
revert to the City of Zamboanga.

SECTION 20. Promotion System.- The University may create its own
independent and distinct promotion system appropriate to the
uniqueness and qualifications of the members of its faculty in
accordance with the policies and standards set by the government.

SECTION 21. Ad Valorem Tax.- Ad valorem tax of 0.5% on all
imported technical equipment, tools, and machineries shall be
charged through appropriate’ government agencies to support
technology research programs and other projects of the University and
such is claimed by the University through appropriate government
guidelines and processes.

SECTION 22. 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

10


accordance with the provisions of the Tariff and Customs Code of the
Philippine, 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.

SECTION 23. Appropriations.- The Board of Regents of the State
University shall immediately prepare its programs to operationalize
the Zamboanga Peninsula Polytechnic State University, the initial
funding of which shall be taken from the current year’s appropriations
of the Zamboanga City State Polytechnic College. Thereafter, such
sums as may be necessary for the continued operation and
maintenance of the Zamboanga Peninsula Polytechnic State
University shall be included in the annual General Appropriations Act.

SECTION 24. Development Plan, Management Audit,
Organizational/Administrative/Academic Structure... Within a
reasonable period after the approval of this Act, the University shall
accomplish the following:

1. Submit five (5) year development plan, including its
corresponding program budget, to the CHED, for appropriate
recommendation to the Department of Budge and Management
(DBM);

. Undergo management audit in cooperation with the CHED;

3. Accordingly set up its organizational, administrative, as well as
academic structure, including the appointment/ designation of
University key officials; and

4. Set in motion the establishment of appropriate degree granting
units and offices found to be necessary in the management
system of the University;

5. Comply the standards and quality set by CHED for a state
university in terms of typology and other requirements of law as
may be enacted;

i

SECTION 24. Filing of Report.- On or before the fifteenth (15') day
of the second (2) month after the opening of the regular classes each
year, the Board shall file with both Houses of Congress a detailed
report on the progress, condition and needs of the University

SECTION 25. State Tertiary and Technical-Vocational Schools.-
‘The University shall absorb all state tertiary schools and technical-
vocational schools where it has its external programs and become its
external campuses as of the approval of this Act.

11


SECTION 26. University’s First President... The incumbent
President of the Zamboanga City State Polytechnic College shall
automatically become the first President of the University upon
approval of this Act.

SECTION 27. Suppletory Application.- The provisions of Republic
Act No. 8292, otherwise known as the “Higher Education
Modernization Act of 1997” shall form as an integral part of this Act
and together shall serve as the governing charter of the Univers

SECTION 28. Parity Clause.- All other powers, functions and
privileges, responsibilities and limitations to state universities and/ or
their officials under existing laws shall be deemed granted to or
imposed upon the University and/or its officials whenever
appropriate.

SECTION 29. Implementing Rules and Regulations.- The Board, in
consultation with the CHED, shall formulate the guidelines to fully
implement the provisions of this Act.

SECTION 30. 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 31. Repealing Clause.- All laws, presidential decrees,
executive orders, rules and regulations contrary or inconsistent with
the provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 32. Effectivity.- This Act shall take effect fifteen (15) days
after it publication in two (2) newspapers of general circulation.

APPROVED,

12