SEVENTEENTH CONGRESS OF THE )

enate

REPUBLIC OF THE PHILIPPINES ) ce of tye Secretary
Third Regular Session )
18 AUG -7 |P 1:20
SENATE
s.No, 1919

[he

Introduced by Senator Paolo Benigno “Bam” A. Aquino IV

AN ACT
CONVERTING THE CARLOS HILADO MEMORIAL STATE COLLEGE IN THE
CITY OF TALISAY, NEGROS OCCIDENTAL, AND ALL ITS SATELLITE

CAMPUSES LOCATED IN THE CITIES OF TALISAY AND BACOLOD AND IN
THE MUNICIPALITY OF BINALBAGAN, ALL IN THE PROVINCE OF NEGROS
OCCIDENTAL, INTO A STATE UNIVERSITY TO BE KNOWN AS THE CARLOS

HILADO MEMORIAL STATE UNIVERSITY, AND APPROPRIATING FUNDS

THEREFOR

EXPLANATORY NOTE

As one of only three State University and Colleges (SUCs) in Negros
Occidental, Carlos Hilado Memorial State College (CHMSC) has provided quality and
relevant education to many Negrenses since 1983.

Within the province, CHMSC has earned great esteem in the fields of Science,
Technology, and Livelihood. It remains to grow and develop into a leading institution
in higher and continuing education.

As such, it’s time to invest in the further advancement and improvement of
CHMSC for the good of their students and their community by converting the college
into a state university.



Let's empower the Negrenses, especially the underprivileged students, with
accessible quality education in CHMSC.

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

Bom Opie



HSenaie
of je Dersetary

SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

18 NG ~7 [P1 20
SENATE NA
s.no._ 1919

RELL, f —

Introduced by Senator Paolo Benigno “Bam” A. Aquino IV

AN ACT
CONVERTING THE CARLOS HILADO MEMORIAL STATE COLLEGE IN THE
CITY OF TALISAY, NEGROS OCCIDENTAL, AND ALL ITS SATELLITE

CAMPUSES LOCATED IN THE CITIES OF TALISAY AND BACOLOD AND IN
THE MUNICIPALITY OF BINALBAGAN, ALL IN THE PROVINCE OF NEGROS
OCCIDENTAL, INTO A STATE UNIVERSITY TO BE KNOWN AS THE CARLOS

HILADO MEMORIAL STATE UNIVERSITY, AND APPROPRIATING FUNDS

THEREFOR

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

1 SECTION 1. Conversion. - The Carlos Hilado Memorial State College in the
2 City of Talisay, Province of Negros Occidental, including all of its existing satellite
3 campuses, namely: Alijis Campus in Barangay Alijis, Bacolod City, Fortune Towne
4 Campus in Barangay Estefania, Bacolod City, and Binalbagan Campus in the
5 Muinicipality of Binalbagan, all located in the Province of Negros Occidental, is
6 hereby converted into a state university to be known as the Carlos Hilado Memorial
7 State University, Province of Negros Occidental. Its main campus shall be in Talisay
8 City.

9 SEC. 2. General Mandate. - The Carlos Hilado Memorial State University,
10 hereinafter referred to as the University, shall primarily provide advance education,
11 higher technological, professional instruction and training in the fields of education,

1



nv

agricultural technology, agri-business management, business administration,
industrial technology, arts and sciences, health sciences, information technology,
engineering and other relevant fields of study. It shall also undertake research,
extension services, and provide progressive leadership in its areas of specialization.

SEC. 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 Philippine Constitution.

SEC. 4. Curricular Offerings. - The University shall offer undergraduate,
graduate and post-graduate programs and short-term courses in the fields of
agriculture and environment studies, pure and applied sciences, behavioral and
social sciences, law, culture and arts, tourism and business-related Programs,
nautical and maritime programs, industrial technology and engineering, education
and teacher training, communication and information technology, health-related
Programs, developmental management and leadership Programs, agricultural
technology, agri-business management, business administration, health sciences and
other degree 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 Negros Occidental and Region
VI.

The University may operate a reasonably-sized laboratory school under its
College of Education.

SEC. 5. Administration. — The University shall have the general powers of
@ corporation set forth in Batas Pambansa Big. 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. 6. The Governing Board. — The governing body of the University
shall be the Board of Regents, hereinafter referred to as the Board, and 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;

G 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 in
Region XI, member;

9. The President of the federation of the faculty associations of the
University, member;

h. The President of the federation of student councils of the University,
member;

i the President of the federation of alumni associations of the University,
member; and

j. Two (2) prominent citizens 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 Province of Negros Occidental where the
University and its campuses are located, as recommended by a search committee
constituted by the President of the University, in consultation with the Chairperson of
the CHED and the other members of the Board, based on the standards and
qualifications for the position.



kwon

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 from
the date of appointment.

SEC. 7. Powers and Duties of the Board of Regents. — In 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. To promulgate and implement policies in accordance with declared
State policies and the 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”;

b. To promulgate rules and regulations not contrary to law as may be
necessary to carry out the purposes and objectives of the University;

[3 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 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;



waueu

f. To fix the tuition fees and other necessary school charges, including
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 a special trust fund and shall be deposited in any
authorized government depository bank: Provided, That all interests that shall
accrue therefrom shall form part of the same funds for the use of the University.

Any provision of existing laws, rule or regulation 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, extension 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.

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.

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

h. To appoint, upon the recommendation of the President of the
University, the vice presidents, deans, directors, heads of campuses, faculty
members and other officials and employees of the University;



i. To 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
governing the 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;

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

k. To set the policies on admission and graduation of students;

I 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 nontraditional courses;

m. To establish and absorb non-chartered tertiary institutions within the
Province of Davao Oriental as branches and centers, in coordination with the CHED
and in consultation with the Department of Budget and Management (DBM), and to
offer therein programs or courses to promote and carry out equal access to
educational opportunities, as mandated by the Constitution;

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

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



waue

8

p. To delegate any of its powers and duties provided for hereinabove 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;

q. 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;

rn To collaborate with other governing boards of state colleges and
universities within the Province of Negros Occidental or Region VI, under the
supervision of the CHED and in consultation with the DBM, and work towards the
restructuring of the University to become more efficient, relevant, productive and
competitive;

Ss. 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
University;

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

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

v. To adopt modern and innovative modes of transmitting knowledge
Such as the use of information technology, the dual training system, open distance



learning, and community laboratory for the promotion of greater access to
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, the
management of non-academic services such as health, food, building or grounds or
Property maintenance and such other similar activities; and

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

SEC. 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 three (3) days’ prior written notice to the members, a maximum of two (2)
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 case the CHED Chairperson cannot attend a meeting of the Board, a CHED
Commissioner duly designated by the CHED Chairperson as representative to the
meeting, shall have all the rights and responsibilities of a regular member: Provided,
however, That in the said 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, the said

8



w~aueu

CHED Commissioner, as the regular Chairperson of the Board, shall act as the
presiding officer.

In case the Chairpersons of the Senate Committee on Education, Arts and
Culture and House Committee on Higher and Technical Education shall not be able
to attend the Board meeting, they may duly designate their respective
representatives to attend the 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 for their
attendance in the meetings of the Board or in connection with other official business
authorized by resolution of the Board, subject to existing laws and regulations.

SEC. 9. The University President. — The University shall be headed by a
President, who shall render full-time service and 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 the smooth transition to a state
university, the incumbent president of the Carlos Hilado Memorial State College, 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 (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
(OIC) of the University within six (6) months from date of vacancy, pending the



appointment of a new President. The successor or the OIC shall serve only for the
unexpired portion of the term.

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.

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 by the presidents of similar educational institutions.

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

SEC. 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 who
shall keep all 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.

SEC. 11. The Treasurer of the University. - The Treasurer of the
Philippines shall be the ex officio Treasurer of the University.

SEC. 12. The 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
duties are to review and recommend to the Board policies governing the
administration, management and development planning of the University.

10



nv

17
18
19

SEC. 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.

SEC. 14. The Faculty. — No political belief, 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 or religious sect.

SEC. 15. Scholarship Program and 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 gender,
religion, cultural or community affiliation or ethnic origin.

SEC. 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
judgment of the head of bureau or office, such apparatus, equipment, supplies or

i



17
18

20
21

22

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.

SEC. 17. Assets, Liabilities and Personnel. — All assets, real and
personal, personnel and records of the Carlos Hilado Memorial State College, as well
as liabilities or 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 Carlos Hilado
Memorial State College and all its campuses, are hereby declared to be the Property
of the University, and shall be titled under that 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 LGUs
concerned.

SEC. 18. Tax Exemption on Importation and Donations. - The
importation of economic, technical and cultural books or 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, bequests, endowments, donations and contributions made to the
University to be used actually, directly and exclusively by the University shall be
exempt from donor's tax and the same shall be considered as allowable deduction
from the gross income of the donor for purposes of computing the taxable income of



wauw

the donor in accordance with the provisions of the National Internal Revenue Code
of 1997, as amended.

SEC. 19. Appropriations. —- The amount necessary to carry out the
Provisions of this Act shall be charged against the current year’s appropriations for
the Carlos Hilado Memorial State College. 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.

SEC. 20. Development Plan, Management Audit, and Academic
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 (5)-year development plan, including its corresponding
Program budget to the CHED, for corresponding recommendation to the DBM;

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

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

SEC. 21. Filing of Report. — On or before the fifteenth (15th) day of the
second month after the opening of the regular classes each year, the Board shall file
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.

SEC. 22. Suppletory Application. — The provisions of RA 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.

SEC. 23. Compliance with CHED Requirements. — The provisions of this
Act notwithstanding, the conversion of the institution into a state university shall

13



ed Aw kYN

15
16

17
18
19

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 Standards to Enhance
Quality Assurance (QA) in Philippine Higher Education, through the Outcomes-Based
and Typology-Based QA): Provided, That the Panel may issue such a
recommendation when the institution has substantially complied with the
requirements for the grant of university status.

The following operational requirements for a university, as established by the
CHED, shall be complied with:

a. Faculty members who 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 refereed
Publications and other scholarly outputs;

b. A comprehensive range of degree Programs in all levels, from basic post-
secondary to doctoral programs;

c. Viable research programs in specific (disciplinal and multidisciplinary) areas
of study that produce new knowledge, as evidenced by refereed publications,
citations, inventions, and patents, among others.;

d. Comprehensive learning resources and support structures, to include
libraries, practicum laboratories, relevant educational resources, and linkages with
the relevant disciplinal and professional sectors, to allow students to explore basic,
advance, and even cutting edge knowledge in a wide range of disciplines or
professions;

e. Active and ongoing linkages and affiliation with other research institutions
in various parts of the world that would ensure that the research activities of the
university are functioning at current global standards; and

14



f. Outreach activities that allow the students, faculty, and research staff to
apply the new knowledge they generate to address specific social development
problems broadly defined.

The institution shall retain its status prior to the effectivity of this Act, unless
in the meantime it is able to comply with the requirements provided herein, within a
period not later than January 01, 2021.

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 and its officials
whenever appropriate.

SEC. 25. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the Board, in consultation with the CHED, shall
formulate the rules and regulations to fully implement the provisions of this Act.

Sec. 26. Separability Clause. — If any Portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not affected
thereby shall remain in full force and effect.

SEC. 27. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, rule or regulation inconsistent with the

Provisions of this Act is hereby repealed or modified accordingly.

SEC. 28. Effectivity. — This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved,