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Republic of the Philippines zB a
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EIGHTEENTH CONGRESS
First Regular Session

4488
House Bill No.

Introduced by Representative SOLOMON R. CHUNGALAO

EXPLANATORY NOTE

Section 17, Article II of the 1987 Constitution mandates the State to
give priority to education, science and technology, culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development.!

Relatively, Section 1, Article XIV clearly states 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.?
In context with these constitutional provisions, it is apparent that the State
has the obligation to ensure that quality education be accessible and be
afforded to all citizens not just for economic function but also for socio-
cultural aspirations.

Ifugao is located at the foot of the Cordillera Mountain Ranges. It is
bounded on the west by Benguet, on the south by Nueva Vizcaya, on the
east by Isabela and on the north by Mt. Province. It is generally located at
120 degrees 40'17" longitude. Ifugao is politically divided into 11
municipalities and 175 barangays with the municipality of Lagawe as its
capital. Although there are two (2) district engineering offices in Ifugao,

+ 1987 Constitution of the Republic of the Philippines. https://www.lawphil.net/consti/cons1987.htm!
2 The 1987 Constitution of the Republic of the Philippines.
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xiv/

3 Department of the Interior and Local Government. ifugao Quick Facts.
https://www.dilgcar.com/index.php/2015-07-10-09-25-49/province-of-ifugao


the geographic terrain still poses challenges to travel from one place to
another in the province. Some areas can hardly be reached due to road
conditions frequently affected by landslides and soil erosions.
Consequently, despite the existence of a higher educational institution
within the province, there are still numerous students who are deprived of
their right to education, especially those from far flung communities, by
reasons of accessibility and by some other factors relating to institutional
limitations including facility, faculty, and curriculum of the existing state
university.

Furthermore, the province have struggled through the years to deal
with its internal challenges that hindered its progress and development.
Poverty, literacy, and employment have been rampant to many areas of
the province which are entirely solvable with education. The degrading
status of the famous rice terraces and the fading indigeneity of crucial
dimensions of the Ifugao material culture also become critical as the
province lost billions of funds during the past recent years.

This then necessitates that, although there is an existing state
university in the province, a new higher educational institution which will
focus on: science and technology to be supervised by the Department of
Science and Technology (DOST); technical knowledge and skills in
partnership with the Technical Education and Skills Development Authority
(TESDA); and agriculture to be convoyed by the Department of Agriculuture
(DA) shall be established and separately funded in the Ifugao province to
help solve the worsening socio-cultural and economic problems of the
province and to elevate the quality of life of hundreds of thousands of
Ifugaos.

This bill proposes for a separation and independence of the two (2)
campuses out of the six (6) campuses of the existing Ifugao State
University (IFSU). This is to precipitate development on these 2 campuses
that have been least prioritized for how many years with the limited budget
afforded to IFSU.

These 2 campuses in the Municipality of Aguinaldo and Municipality
of Alfonso Lista respectively, are both from the 2 District Engineering
Office of the province in which locations, by road routes, are opposite to
the main campus in the Municipality of Lamut. By separating these 2
campuses as one distinct and independent State University, there would be
sufficient funds to enhance its facility and faculty to deliver quality
education.

Hence, this bill seeks to separate the Ifugao State University - Potia
Campus in the Municipality of Alfonso Lista from the IFSU in the Municipality
of Lamut, and converting it to a separate university with Alfonso Lista as


the main campus and Aguinaldo campus as a satellite campus, to be known
as the Eastern Cordillera State University of Agriculture, Science, and
Technology (ECSUAST).

SOLOMON IGALAO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4488

Introduced by Representative SOLOMON R. CHUNGALAO
SSS

AN ACT SEPARATING THE IFUGAO STATE UNIVERSITY (IFSU) -
POTIA CAMPUS IN THE MUNICIPALITY OF ALFONSO LISTA,
IFUGAO, FROM THE IFSU IN THE MUNICIPALITY OF LAMUT,
IFUGAO, CONVERTING IT INTO A STATE UNIVERSITY TO BE

KNOWN AS THE EASTERN CORDILLERA STATE UNIVERSITY OF
AGRICULTURE, SCIENCE, AND TECHNOLOGY (ECSUAST), AND
APPROPRIATING FUNDS THEREFOR.

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

SECTION 1. Separation/Conversion. - The Ifugao State University
(IFSU) - Potia Campus in the Municipality of Alfonso Lista, Province of
Ifugao is hereby separated from the IFSU in the Municipality of Lamut,
Province of Ifugao, and converted into a separate state university to be
known as the Eastern Cordillera State University of Agriculture, Science,
and Technology (ECSUAST), and integrating therewith IFSU - Potia Campus
in the Municipality of Alfonso Lista and IFSU - Lupao Campus in Barangay
Jacmal in the Municipality of Aguinaldo, both in the province of Ifugao. The
main campus shall be in the Municipality of Alfonso Lista.

After the effectivity of this of Act, the Eastern Cordillera State
University of Agriculture, Science, and Technology, herein referred to as
the University, shall exist independently, separate and distinct from the
IFSU in Lamut, Ifugao, to be governed by their respective charters.


SECTION 2. General Mandate. - The University shall primarily
provide advanced instruction and professional training in agriculture,
forestry, education, engineering and technology, health and sciences,
agribusiness, arts, industry, criminology, vocational courses, and other
related fields of study. It shall also undertake research, extension services,
and production activities in support of the socioeconomic development of
the province of Ifugao and provide progressive leadership in its areas of
specialization.

SECTION 3. Curricular Offerings. - The University shall offer
undergraduate and graduate courses in the fields of agriculture, forestry,
education, engineering and technology, health and sciences, agribusiness,
arts, industry, criminology, vocational courses, and other degree courses
within its area of specialization and according to its capabilities, as the
Board of Regents may deem necessary to carry out its objectives, and in
order to meet the needs of the Province of Ifugao.

SECTION 4. Administration. - The University shall have the
general powers of a corporation set forth in Batas Pambansa Big. 68, as
amended, otherwise known as the “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 University President.

SECTION 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 composed of the following:

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

(b) The University President, Vice Chairperson;

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

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

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

(f) | The Regional Director of the Department of Science and Technology
(DOST), member;

(g) The Regional Director of the Department of Agriculture (DA),
member;


(h) The Regional Director of Technical Education and Skills Development
Authority (TESDA), member;

(i) The President of the Faculty Association of the University, member;

(j) The President of the Alumni Association of the University, member;

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

The Board shall appoint the two (2) prominent citizens from among
a list of at least five (5) qualified persons in the Municipalities of Alfonso
Lista, Aguinaldo, Mayoyao, and Banaue, Province of Ifugao, as
recommended by a search committee constituted by the University
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 set by the Board.

The President of the Faculty Association and the President of Alumni
Association shall serve in the Board only for the duration of their 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 the appointment.

SECTION 6. Promulgation and Implementation of Policies. -
The Board shall promulgate and implement policies in accordance with the
declared State policies on education and other pertinent provisions of the
Philippine Constitution on education, agriculture, science and technology,
as well as the policies, standards and thrusts of the CHED under Republic
Act No. 7722, otherwise known as the “Higher Education Act of 1994”.

SECTION 7. Powers and Duties of the Board. - In addition to its
general powers of administration and exercise of all 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) To promulgate rules and regulations not contrary to law as may be
necessary to carry out the purposes and functions of the University;

(b) 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;

(c) To import duty-free economic, technical and cultural books or
publications, machineries and equipment, upon certification by the


(a)

CHED that such imported books or publications, machineries and
equipment 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;

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.

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 of 1997, as amended:

Provided, That such donations shall not be disposed of, transferred or sold;

(e)

To fix the tuition fees and other necessary school charges such as,
but not limited to, matriculation fees, graduation fees and charges
shall, including government subsidies and other income generated by
the University, constitute special trust funds and shall be deposited
in any authorized government depository bank, and all interest
income that shall accrue therefrom shall form part of the same funds
for the use of the University. In cases where tuition and other fees
adjustment shall be implemented, a documented consultation
compendium on the proposed increase should be submitted to the
Board in order to support the Board’s action.

Any provision of existing laws, rules and regulations to the contrary

notwithstanding, all 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 services 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.

(f)

(9)

To adopt and implement a socialized scheme of tuition and other
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;


(h)

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(k)

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(m)

(n)

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(p)

(q)

To designate, upon recommendation of the University President, the
vice presidents, deans, directors, heads of departments, head of
campus, 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; grant them, as
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;

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

To set policies on the minimum system-wide requirements for
admission, graduation of students and grant of honors;

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:
Provided, That such degrees shall not be conferred in consideration
of any payment, gift or other valuable consideration;

To establish research and extension centers of the University where
such will promote the development of the latter;

To establish professorial chairs in the University and provide
fellowships for the qualified faculty members and scholarships to
deserving students;

To delegate any of its powers and duties 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, subject
to the rules and regulation of the Commission on Audit (COA) and
institute reforms, including academic and structural changes, on the
basis of the audit results and recommendations;

To collaborate with other governing boards of state colleges and
universities as well as private colleges and universities in working


(s)

(t)

(u)

(v)

(w)

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towards the development of the University to become more efficient,
relevant, productive and competitive;

To enter into joint ventures, which may be initiated by the
constituency, with business and industry for the profitable
development and management of the economic assets of the
University; Provided, these ventures shall not affect the academic
character of the University;

To develop consortia and other economic forms of linkages with the
local government unit (LGU), as well as public or private institutions
and agencies, local and foreign, in the furtherance of the purposes
and objectives of the University;

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

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

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

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

To extend the term beyond the age of retirement but not beyond the
age of seventy (70) of the State University President whose
Performance has been unanimously rated by the Board as
outstanding, after unanimous recommendation by the Performance
Evaluation Committee (PEC).

SECTION 8. Meetings of the Board. - The Board of Regents of the

University 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 four (4) special meetings within a year, whenever
necessary.


All regular meetings of the Board shall be held in either the main
campus or in any of the constituent units as may be determined by the
Regional University System President in consultation with the chancellor,
except for the certain meritorious and expedient reasons where special
meetings may be held in venues outside the Region.

A quorum of the Board of Regents shall consist of a majority of all its
members holding office at the time of the meeting: Provided, That the
Chairperson of the Board or the University President is among those present
in the meeting.

In the absence of the Chairperson of the CHED, a duly designated
Commissioner of the CHED shall represent the Chairperson in the meeting
however, that during this meeting, the University President 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 said meeting, their respective
representatives shall have the same rights and responsibilities as a regular
member of the Board, except in cases of the appointment of the University
Officials, including the University President, wherein the Chairpersons shall
send an official communication to the Board transmitting their approval of
the appointment/designation.

The members of the Board shall not receive any salary or honoraria
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. University President. - The University shall be headed
by the full-time president who shall be appointed by the Board subject to
the guidelines, qualifications and standards set by the Board and upon
recommendation of a duly constituted search committee; Provided, the
candidate shall be a doctorate degree holder. The University President shall
have a term of four (4) years and shall be eligible for reappointment for
another term.

In case of vacancy in the office of the University President by reason
of death, compulsory retirement, resignation, removal for cause or


incapacity to perform the functions of the office, the Board shall have the
authority to designate an officer-in-charge of the University within six (6)
months from the date of vacancy, pending the appointment of new
University President; Provided, the officer-in-charge shall only serve a
period of not more than one (1) year. The University President appointed
by the Board after the occurrence of any aforementioned events shall serve
the unexpired portion of the term, subject to re-appointment for another
term in warranted.

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.

The salary of the University President 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.

SECTION 10. Vice-President. The University President shall be
assisted by a vice president for academic affairs, a vice president for
administration and finance and a vice president for research and extension
and development, and such other vice presidents as may be determined by
the Board, but not exceeding five (5) vice presidents serving at a time.
They shall be designated by the Board, upon the recommendation of the
University President. They shall serve as staff and may assume line
functions upon the direction of the University.

SECTION 11. Secretary of the University and of the Board. -
There shall be a secretary of the University and of the Board of Regents to
be appointed by the Board, who shall keep such records of the University
and the Board, as may be designated by the Board.

SECTION 12. Executive Administrative Council. There shall be a
university-wide administrative council headed by the University President,
with membership consisting of the vice-president for administration and
finance, deans and other officials as may be deemed necessary by the
Board. The Executive Administrative Council shall set the direction and
administrative policies on a university-wide basis and shall perform
oversight functions on administrative matters.


SECTION 13. Administrative Council. - There shall be an
administrative council in the University with the President as Chairman, the
deans and directors of equal rank within the university as members. The
Administrative Council shall formulate and recommend plans, programs
and policies for administration, finance and production for approval of the
Board.

The President of the student council of the University may be allowed
to attend the meetings of the Administrative Council as an observer.

SECTION 14. Academic Council. - There shall be an Academic
Council with the University President as chairperson, the vice-presidents,
chancellors, deans and all faculty members with an academic rank of at
least Assistant Professor as members.

SECTION 15. Powers of the Academic Council. - The Academic
Council is the supreme academic advisory body in the University and shall
be responsible for the following functions:

a. Set academic policies and minimum academic standards;

b. Perform oversight functions on all academic matters pertaining to
the University and its programming;

c. Formulate, evaluate, and recommended to the University
President policies and procedures which pertain to the
development, maintenance, and improvement of the University
program in academic matters;

d. Fix the requirement for admission to any college or unit or any
academic program or course offering and for graduation and
conferment of a degree, and the grant of honors subject to the
minimum system-wide requirements;

e. Prescribe the academic programs including their institutions,
revision, abolition, and merger, subject to the approval of the
Board;

f. Recommend to the Board the graduation of students and the grant
of honors;

g. Undertake a periodic review of academic courses, programs
standards, thrust and policies;

h. Adopt the necessary measures to enable students to exercise their
established religious beliefs consistent with the accepted norms
and morals of society. Students shall be given options to fulfil their


academic responsibilities, such as, but not limited to, make-up
classes or examinations on missed school days or examinations
which coincided with the exercise of their established religious
beliefs;

i, Adopt internal rule or procedures consistent with the provisions of
this Act; and

j. Perform other corollary functions consistent to the goals and
objectives of the University.

SECTION 16. Research, Extension and Enterprise
Development (REED) State University Council. - There shall be a REED
State University Council which shall perform oversight functions and
Provide direction on REED matters in the university. The REED State
University Council shall be headed by the Vice President for Research
Extension and Development, with the Chairpersons of each academic
departments as members.

SECTION 17. Faculty. - No political beliefs, gender preference,
physical disability, cultural or community affiliation or ethnic origin, and
religious opinion or affiliation shall be a matter of inquiry in the appointment
of the faculty members of the University: Provided, That the appointment
shall be subject to the guidelines, qualifications and standards set by the
Board consistent with existing policies and laws: Provided, further, That no
member of the faculty shall teach for or against any particular church or
religious sect.

SECTION 18. Scholarship Program or 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 age, gender, religion, political beliefs, cultural or community
affiliation or ethnic origin.

SECTION 19. 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 1987 Constitution.


SECTION 20. Assets, Liabilities and Personnel. - All assets, real
and personal, personnel and records of the University, as well as liabilities
or obligations, are hereby transferred to the University. The positions,
rights and security of tenure of the faculty members and personnel
employed in the university under existing laws prior to this Act shall be
respected.

All assets donated to the State University under its former juridical
Personality shall be deemed donated to and hence a property of the new
State University as a duly constituted body or juridical entity.

SECTION 21. Appropriations. - The amount necessary to carry out
the initial implementation of this Act shall be included in the annual General
Appropriations Act following its approval.

In addition, the amount of One Hundred Million Pesos
(P100,000,000.00) is hereby appropriated in addition to the proposed
appropriations for the establishment of the University.

SECTION 22. Land Grants and Other Real Properties of the
State University. - The State shall provide support to the University in
the form of lump sum amount, through general appropriations and other
financial benefits, and in kind, through land grants and donations and use
of other real properties. To carry out the intent of these grants, income
derived from the development of all land grants and real properties
acquired by the University shall be used to further the ends of the
University, as may be decided by the Board.

The Board shall plan, design, approve or cause the implementation
of financial mechanisms, such as joint ventures and long-term leases, to
give the Regional University System the most advantageous position in
generating revenues and other resources from the land grants and other
real property entrusted by the Filipino people: Provided, That such long-
term leases shall not conflict with the University’s academic mission, as well
as, sustain and protect the environment: Provided, further, That the plans
shall preserve the academic core zone of the university: Provided, finally,
That funds from the long-term leases shall not be meant to replace, in
whole or in part, the annual appropriation provided by the national
government to the University.


SECTION 23. Tax Exemptions. - The provision of any general or
special law to the contrary notwithstanding:

a) All revenues and assets of the University used actually, directly
and exclusively for educational purposes shall be exempt from all
taxes and duties;

b) Gifts and donations of real and personal properties of all kinds
shall be exempt from the donor’s tax and the same shall be
considered as allowable deductions from the gross income of the
donor, in accordance with the provisions of the National Internal
Revenue Code, as amended;

c) Importation of economic, technical, vocational, scientific,
philosophical, historical and cultural books, supplies, equipment,
machinery and other materials, including scientific and educational
computer and software equipment, shall be exempt from customs
duties; and

d) The University shall be exempt from payment of value-added tax
on its transactions which are primarily and directly undertaken for
educational purposes.

SECTION 24. Development Plan and Institutionalization. -
Within one hundred twenty (120) days after the approval of this Act, the
Commission on Higher Education shall accomplish the following:

a) Submit a medium-term development plan, including its
corresponding recommendation to the Department of Budget and
Management;

b) Accordingly set up its organizational, administrative, as well as,
academic structure, including the appointment of the University
key officials; and

c) Determine the courses and programs to be offered in the
University.

SECTION 25. Suppletory Application. - The provisions of the
Republic Act 8292, otherwise known as the “Higher Education
Modernization Act of 1997,” shall be integral part of this Act and shall serve
as part of the governing charter of the University.


SECTION 26. Parity Clause. - All other powers, functions and
privileges, responsibilities and limitations granted to, or imposed upon state
university and their officials under existing laws shall be deemed granted
to or imposed upon the University and its officials whenever appropriate.

SECTION 27. Implementing Rules and Regulations. - Within a
Period of ninety (90) dates from the effectivity of this Act, the Commission
on Higher Education shall promulgate rules and regulations as may be
necessary for the effective implementation of this Act.

SECTION 28. Separability Clause. - If, for any reason, any part or
Provisions of this Act is declared invalid or unconstitutional, the remaining
parts or provisions not affected thereby shall remain in full force and effect.

SECTIO 29. Repealing Clause. - All laws, Decrees, orders, rules
and regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 30. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in any newspaper of
general circulation.

Approved,