REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘SIXTEENTH CONGRESS
Third Regular Session

HOUSEBILL No. 6292

Introduced by HON. ELISA T. KHO.

EXPLANATORY NOTE

More than 60 years since its establishment, first as the Masbate
National Agricultural School (MNAS) in 1952, then as the Masbate
Agricultural College (MAC) before it was renamed the Dr. Emilio 8. Espinosa,
Sr. Memorial Agricultural College (DEBESMAC) and later to its present status
as a state college since 1995, the Dr. Emilio B. Espinosa, Sr. Memorial State
College of Agriculture and Technology (DEBESMSCAT) has grown to become
the leading institution of higher and advanced education in the Province of
Masbate, its main service area.

In view thereof, this representation is proposing to convert the Dr.
Emilio B. Espinosa, Sr. Memorial State College of Agriculture and Technology
into a state university to be known as the State University of Masbate
(SUM). The Province and the People of Masbate highly recognize the
initiative of Dr. Emilio B. Espinosa, Sr. of establishing this institution, hence,
the main campus shall be known as the State University of Masbate, Dr.
Emilio B. Espinosa, Sr., Mandaon Campus.

Masbate province is considered to be one of the poorest provinces in
the country with three (3) Congressional Districts. The existing state college
is situated about 54 kilometers away from the city travelling around more
than an hour by land transportation. With the sescenarios, it is vital that
affordable and quality education be accessible to its clientele, hence, it is
necessary for the establishment of satellite campuses in the different
strategic municipalities in the Province of Masbate and possible integration
of the existing Masbate School of Fisheries-TESDA and sustain its present
curricular programs to fully maximize the resources. The establishment of
2 campus in the City of Masbate would cater to the educational needs of
students from Masbate City and the Municipalities of Milagros, Balud, Mobo



and Uson. Establishing a campus in the Municipality of Aroroy would
accommodate students from the Municipality of Baleno and portions of
Claveria in the Island of Burias. The Cawayan Campus will cater to the
tertiary education of the Municipalities of the Third Congressional Districts
such as Cawayan, Placer, Cataingan, Pio V. Corpus, Esperanza, Dimasalang
and Palanas.

For Island-Municipalities, a campus in the Municipality of San Jacinto
would be situated strategically to serve the Municipalities of San Jacinto, San
Fernando, Batuan and Monreal, all in Ticao Island, and the Municipalities of
San Pascual and a portion of Claveria of Burias Island.

Guided by its vision to serve as catalyst in the transformation of the
lives of Masbatefios for full integration in the ASEAN community, the
institution is working very hard to offer quality education. In fact, six (6)
existing curricular programs are accredited level 3 by the Accrediting Agency
of Chartered Colleges and Universities (AACCUP). Similarly, the institution is
working towards ISO certification. This is to ensure that the investment of
the government and the parents would eventually transform the serviced
municipalities into productive segments of the society.

Finally, the establishment of additional campuses in several
municipalities would allow the institution to expand its curricular offerings,
expand its leadership influence among Masbatefios and broaden its
academic services including research and extension services. In addition, it
would also contribute to the improvement of the education indicators in the
Province of Masbate and eventually help address the poverty situation in
the province.

In view of the foregoing, the approval of this Bill is earnestly
requested.

(fg hi


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 6293.

Introduced by HON. ELISA T. KHO

AN ACT

CONVERTING THE DR. EMILIO B. ESPINOSA SR. MEMORIAL STATE COLLEGE
OF AGRICULTURE AND TECHNOLOGY IN THE MUNICIPALITY OF MANDAON,
PROVINCE OF MASBATE INTO A STATE UNIVERSITY TO BE KNOWN AS THE
STATE UNIVERSITY OF MASBATE (SUM), INTEGRATING THEREWITH THE
MASBATE SCHOOL OF FISHERIES (MSF-TESDA) IN THE MUNICIPALITY OF
MILAGROS, PROVINCE OF MASBATE AND ESTABLISHING THEREWITH
CAMPUSES IN MASBATE CITY AND IN THE MUNICIPALITIES OF AROROY,
CAWAYAN AND SAN JACINTO, ALL LOCATED IN THE PROVINCE OF
MASBATE 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 Dr. Emilio B. Espinosa Sr. Memorial State
College of Agriculture and Technology in the Municipality of Mandaon,
Province of Masbate is hereby converted into a State University to be known
as the State University of Masbate (SUM), herein referred to as the
University, integrating therewith the Masbate School of Fisheries
(MSF-TESDA) in the Municipality of Milagros to be known as State University
of Masbate, Milagros Campus and Establishing therewith campuses in
Masbate City to be known as State University of Masbate, Masbate City
Campus, in the Municipality of Aroroy to be known as State University of
Masbate, Aroroy Campus, in the Municipality of Cawayan to be known as
State University of Masbate, Cawayan Campus and in the Municipality of San
Jacinto to be known as State University of Masbate, San Jacinto Campus, all
situated in the Province of Masbate. The main campus of the University shall
be known as State University of Masbate, Dr. Emilio B. Espinosa Sr.,
Mandaon Campus, Province of Masbate.


Section 2. General Mandate - The University shall primarily provide
advance education, higher technological, professional vocational instruction
and training in the fields of arts and sciences, education, agriculture,
industrial technology and engineering, information technology, business
management and accountancy, tourism and hospitality management,
criminology, maritime, non - traditional courses and other related fields of
study. It shall also undertake research, extension services and production
activities in support of the development of the Province of Masbate and
provide progressive leadership in its areas of specialization.

Section 3. Academic Freedom and Institutional Autonomy - The
University shall enjoy academic freedom and institutional autonomy,
pursuant to paragraph 2, Section 5 of Article XIV of the constitution of the
Republic of the Philippines.

Section 4. Curricular Offerings - The University shall offer
undergraduate and graduate courses in the fields of arts and sciences,
teacher education, agriculture, industrial technology and engineering,
information technology, business management and accountancy, tourism
and hospitality management, maritime education, criminology, as well as
technical - vocational programs and non-traditional courses within its areas
of specialization and according to its capabilities as the Board of Regents
may deem necessary to carry out its objectives, particularly in meeting the
needs of the Province of Masbate, Region V.

The University may operate reasonably ~ sized laboratory school
under its college of education.

Section 5. Administration - The University shall have the general
powers of a corporation set forth in Batas Pambansa Bilang 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.

Section 6. The Governing Board ~ The Governing body of the
University shall be the Board of Regents, herein after 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 University, 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 Economics and
Development Authority (NEDA) Region V, Member;

(f) The Regional Director of the Department of Agriculture (DA)
Region V, Member;

(g) The President of the Federation of Faculty Associations of the
University, Member;

(h) 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

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

The Board shall appoint the two (2) prominent citizens from among
a list of at least five (5) qualified persons in the Province of Masbate, as
recommended by the 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.

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 Association shall be co-terminus with
their respective constitution and bylaws.

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

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

(a) To promulgate and implement policies in accordance with the
declared State Policies and the provisions of the Philippine
constitution on education, agriculture, science and
technology, aswell as the policies, standards and thrusts of


the CHED under Republic Act No. 7722, otherwise known as
the “Higher Education Act of 1994”.

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

(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 discretion, in order to carry out the purposes 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
of the same when necessary for the benefit of the University,
and subject to the limitations, directions and instructions of
the donor, if any;

(f) 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 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 interests that shall
accrue therefrom shall form part of the same funds for the
use of the University.

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

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 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, such as:

{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 property, including necessary supplies,
materials and equipment;

{i) To appoint upon recommendation of the President of the
University, Vice Presidents, Deans, Directors, Heads of
Campuses, faculty members and other officials and
employees of the University;

() To fix and adjust salaries of faculty members and
administrative officials and employees, subject to the
provisions and other pertinent budget and 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;

{k) To approve the curricula, instructional programs and rules of
discipline drawn by the administrative and academic coun
herein provided;

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

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


(n) To establish and absorb non-chartered tertiary institutions

within the province of Masbate as branches 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 opportuni as mandated by the
Constitution;

{o) To establish research and extension branches of the

University where such will promote the development of the
latter;

(p) To establish professional chairs in the University and to

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

(q) To delegate any of its powers and duties provided for

(n)

(3)

()

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

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

To collaborate with other Governing Boards of the State
Colleges and Universities within the Province of Masbate
‘or Region V, under the supervision of CHED and in
consultation with the DBM, and work towards the
restructuring of the University to become more efficient,
relevant, productive and competitive;

To enter into joint venture with business and industry for the
profitable development and management of the economic
assets of the University, the proceeds from which shall be
used for the development and strengthening of the
University;

(u) To develop consortia and other economic forms of linkages

with Local Government Units (LGU’s), institutions and


agencies, both public and private, local and foreign, in the
furtherance of the purposes and objectives of the University;

(v) To develop academic arrangements for the 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 , scholar or researchers, as the case may be;

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

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

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

(2) To extend the term of the president of the University beyond
the age of retirement but not beyond the age of seventy (70),
whose performance has been unanimously rated by the
Board as outstanding based on the guidelines, qualifications
and /or standards set by the Board, after unanimous
recommendation by the search Committee.

Section 8. Meetings of the Board ~ the Board shall regularly convene
once every three (3) months. Whenever necessary, the chairperson of the
Board may call, upon a 3 day prior, written notice, a maximum of two days
special meetings within the same period.

‘A quorum of the Board shall consist of majority of all its members
holding office at the time of the meeting: Provided however, that the
chairperson of the Board or the President of the University is among those
present in the meeting

In one’s absence, the Chairperson of the CHED shall designate a
Commissioner as representative in the meeting with all the rights
and responsibilities of a regular member; Provided however, that during the


meeting, the President of the University as the 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 Committee on
Education shall not be able to attend the board meeting, they may designate
their respective representatives to attend the said meeting, who shall have
the same rights and responsibilities as a regular member of the Board.

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

Section 9. The University President — the University shall be headed
by a President, who shall render full - time service who shall be appointed
by the Board, subject to the guidelines, qualifications and standards set by
the Board, upon recommendation of a duly constituted search committee.
The University President shall have a term of four (4) years and shall be
eligible for reappointment for another term: provided, that in order to effect
a smooth transition to a State University, the incumbent President of
DEBESMSCAT 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 a
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 the office, the Board shall designate
an Officer ~ in ~ Charge of the University within six months from the date of
vacancy, pending the appointment of a new President. The successor or the
officer-in-charge shall serve only the unexpired portion of the term

The powers and duties of the President of the University, in addition
to those specifically provided in the act, shall be those usually pertaining
to the office of the president of similar State Universities, and those
delegated by the Board.



The salary of the President of the University shall be in accordance
with the revised compensation and position classification system and shall
be comparable to that being received by the Presidents of similar State
educational institutions.

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

Section 10. 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 the records and proceedings of the Board. The Secretary of
the university shall serve upon each member of the Board the appropriate
notice of the Board meetings.

Section 11. The Treasurer of the University — The Treasurer of the
Philippines shall be the ex officio treasurer of the Univer

Section 12. The Administrative Council - There shall be an
Administrative Council consisting of the President as the Chairperson, Vice
Presidents, Deans, Directors and other officials of equal rank as
members, whose duty is to review and recommend to the Board the Policies
governing the Administration, management and development planning of
the University.

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

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


Section 14, The Faculty — No political beliefs, gender, preference,
cultural or community affiliation or ethnic origin, and religious opinion or
affiliation shall be a matter of inquiry in the appointment of faculty
members of the University: provided, that said appointment shall be subject
to the guidelines, qualifications and standards set by the board: provided,
Further, that no member of the faculty shall teach for or against any
particular church, faith or religious sector.

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

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

Section 16. 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 by the University, and to detail employees for
duty therein when, in the judgement of the head of the bureau or
office, such apparatus, equipment or supplies or services of such employees
can be spared without serious detriment to public service.

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

Section 17. Assets, Liabilities and Personnel — All assets, real and
personal and records of the DEBESMSCAT, the MSF-TESDA, as well as
liabilities and obligations, are hereby transferred to the University. The
positions, rights and security of tenure of faculty members and personnel
therein employed under existing laws prior to the conversion into a
University shall be respected.

All parcels of land belonging to the government occupied by the
DEBESMSCAT and the MSF-TESDA are hereby declared to be property of
the University and shall be titled under the name: Provided, that should the
University cease to exist or be abolished or should such parcels of land
aforementioned be no longer needed by the University, the same shall
revert to the Province of Masbate or the republic of the Philippines, as the
case may be.


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

Donations in any form to the University shall be exempt from the
donor's tax and the same shall be considered as allowable deduction from
the gross income in the computation of the income tax of the donor, in
accordance with the provisions of the National Internal Revenue Code of
1997, as amended.

Section 19. Appropriations — The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s
appropriations of the DEBESMSCAT and the MSF-TESDA, except the sum
needed to continue the operations of the existing High School. The
concerned LGU shall continue to provide financial assistance to the QPC
until such time that the full funding requirement of the QPC as integrated
to the University is included in the annual General Appropriation Act.
Thereafter, such sum as may be necessary for the continued operation and
maintenance of the University shall be included in the annual General
Appropriations Act.

Section 20. Development Plan, Management Audit, Organizational/
Administrative/Structure-Within the period of one hundred twenty (120)
days after the approval of this Act, the University shall accomplish the
following:

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

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

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

Section 21. 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 shallfile with the office of the President of the Philippines,


through the Chairperson of the CHED, and with both houses of Congress, a
detailed report on the progress, conditions and needs of the University.

Section 22. Suppletory Application ~ The provisions of Republic Act
No. 8292, otherwise known as the “Higher Education Modernization Act of
1997”, shall be an integral part of this act and shall serve as part of the
governing Charter of the University.

Section 23. Parity Clause — All other powers, functions and privileges,
responsibilities and limitations to state Universities and their officials under
existing laws shall be deemed granted to or imposed upon the University
and its officials, whenever appropriate.

Section 24. Implementing Rules and Regulations - The Board, in
consultation with the CHED, shall formulate the rules and regulations to fully
implement the provisions of this Act.

Section 25. 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 26. 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 27. Effectivity — This Act shall take effect fifteen (15) days
after its publication in two (2) newspapers of general circulation.