HOUSE 2 PRESENTATIVES

REOPENED
+ Ae 2016

Republic of the Philippines Dare
HOUSE OF REPRESENTAT Tive: ares

Quezon City, Metro, Manila

SEVENTEENTH CONGRES: —
First Regular Session SISTRATION NNT
BILLS AND IWOLX SERVICE

3199

HOUSE BILL NO.

INTRODUCED BY REP. FERJENEL G. BIRON M.D.

AN ACT CONVERTING THE ILOILO STATE COLLEGE OF FISHERIES
IN THE MUNICIPALITY OF BAROTAC NUEVO, PROVINCE OF ILOILO
INTO A STATE UNIVERSITY TO BE KNOWN AS THE ILOILO STATE
UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY, WITH
CAMPUSES IN THE MUNICIPALITIES OF SAN ENRIQUE, DINGLE AND
DUMANGAS, AND INTEGRATING THEREWITH THE BAROTAC NUEVO
POLYTECHNIC INSTITUTE IN THE MUNICIPALITY OF BAROTAC
NUEVO, ALL LOCATED IN THE PROVINCE OF ILOILO AND
APPROPRIATING ADDITIONAL FUNDS THEREFOR.

EXPLANATORY NOTE

This bill seeks to convert the Iloilo State College of Fisheries in
the Municipality of Barotac Nuevo in the province of Iloilo into the
Iloilo State University of Fisheries, Science and Technology with
campuses in the municipalities of San Enrique, Dingle and Dumangas
and integrating therewith the Barotac Nuevo Polytechnic Institute in the
municipality of Barotac Nuevo..

While conceived originally as a school of Fisheries this state-
supported institution over time evolved into a college with several
bachelor degrees offered in response to the needs of the students. Fishery
courses are among curricular offerings of the Iloilo State College of
Fisheries. The name of the College has never been changed to reflect
present realities.

The College has grown large with a main campus at Barangay
Tiwi, Municipality of Barotac Nuevo , Province of Iloilo and with four (4)
campuses known as (1)Barotac Nuevo Polytechnic Institute in the
Municipality of Barotac Nuevo, (2)San Enrique Polytechnic College in the
Municipality of San Enrique (3)Dingle Agricultural and Technological
College in the Municipality of Dingle (4)Dumangas Polytechnic College in
the Municipality of Dumangas. These campuses offer technology
courses.


Universities in the province of Iloilo, both public and private are
concentrated in the City of Iloilo. Not one is located in Central and
Northern Iloilo. Converting the Iloilo State College of Fisheries into a
University is a response to the long clamor of the people in the 4% and
5% congressional districts of Iloilo to have a state — supported
University where moderate tuition fees and lower costs of living in
Barotac Nuevo compared to the City of Iloilo will give their children
access to education in the university.

Moreover, with the conversion of the Iloilo State College of
Fisheries into a University goes along the retrofitting of curricular
offerings so that graduates will match the demands of local industries
and globalized labor.

In keeping with our national development, approval of this bill is
earnestly urged. 2

FERJENEL G. LL: Aa D.
4" District, Hoilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro, Manila

SEVENTEENTH CONGRESS
rst Regular Session

3199

HOUSE BILL NO.

INTRODUCED BY REP. FERJENEL G. BIRON M.D.

AN ACT CONVERTING THE ILOILO STATE COLLEGE OF FISHERIES
IN THE MUNICIPALITY OF BAROTAC NUEVO, PROVINCE OF ILOILO
INTO A STATE UNIVERSITY TO BE KNOWN AS THE ILOILO STATE
UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY, WITH
CAMPUSES IN THE MUNICIPALITIES OF SAN ENRIQUE, DINGLE AND
DUMANGAS, AND INTEGRATING THEREWITH THE BAROTAC NUEVO
POLYTECHNIC INSTITUTE IN THE MUNICIPALITY OF BAROTAC
NUEVO, ALL LOCATED IN THE PROVINCE OF ILOILO AND
APPROPRIATING ADDITIONAL FUNDS THEREFOR.

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

Section 1. Conversion. - The Iloilo State College of Fisheries
(ISCOF) in the Municipality of Barotac Nuevo in the Province of Iloilo
including its campuses, namely: San Enrique Polytechnic College in the
Municipality of San Enrique, Dingle Agricultural and Technological
College in the Municipality of Dingle, and the Dumangas Polytechnic
College in the Municipality of Dumangas, is hereby converted into a State
University to be known as the Iloilo State University of Fisheries, Science
and Technology, herein referred to as University and integrating
therewith the Barotac Nuevo Polytechnic Institute in the Municipality of
Barotac Nuevo. The main campus of the University shall be located in
Barangay Ilaya Poblacion, Municipality of Barotac Nuevo in the Province
of Iloilo.

Sec. 2. General Mandate, - The University shall primarily provide
advanced education, higher technological, professional instruction and
training in fisheries technology, arts and sciences, education, industrial
technology, engineering, aquaculture, seaweed farming and other related
fields of study and as may be relevant to national development. It shall
also undertake research, extension services and production activities in
support of the development of the Province of Iloilo 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 Constitution of
the Republic of the Philippines.

Sec. 4. Curricular Offerings. - The University shall offer
undergraduate and graduate programs in the fields of marine biology,
fisheries, information and communications technology, arts and
sciences, industrial technology, teacher education, engineering and other
related 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 Iloilo and
Region VI.

The University may operate a reasonably-sized laboratory school if
it has a College of Education.

Sec. 5. Administration. - The University shall have the general
powers of the corporation set forth in Batas Pambansa Blg. 68, as
amended, otherwise know 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 shall be the
Board of Regents, hereinafter referred to as the Board, which shall be
composed of the following:

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

2. The President of the University, Vice Chairperson;

3. The Chairperson of the Committee on Education, Arts and
Culture of the Senate, Member;

4, The Chairperson of the Committee on Higher and Technical
Education of the House of Representatives, Member;

5. The Regional Director of National Economic Development
Authority (NEDA), Member;

6. The Regional Director of the Department of Science and
Technology (DOST), Member;

7. The President of the Federation of Faculty Associations of the
University, Member;

8. The President of the Federation of Student Councils of the
University, Member;

9. The President of the Federation of Alumni Associations of the
University, Member; and

10. 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 prominent citizens from among a
list of at least five (5) persons qualified in the Province of Iloilo where the
University and its branches are located, as recommended by the search
committee constituted by the University President, in consultation with
the Chairperson of the CHED and 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 associations shall be coterminous
with their respective terms of office, as set forth in their respective
constitutions and by-laws.

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. - 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, 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 functions of
the University;

©) 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 the same when necessary for the benefit of the
university subject to limitations, directions and instruction
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


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accrue there from shall form part of the same funds for use
of the University.

Any provision of existing laws, rules and regulations to
the contrary notwithstanding, any income generated by the
University of from tuition fees and another 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/projects of the University; provided, that all
fiduciary fees shall be disbursed for the specific purposes for
which they are collected.

If, for reasons beyond its control, the University shall
not be able to pursue any project for which funds have been
appropriated and allocated under its approved program of
expenditures, the Board may authorize the use of said funds
for any reasonable purposes which, in its discretion, may be
necessary and urgent for the attainment of the objectives
and goals of the University;

To adopt and implement a socialized scheme of tuition and
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 and personal properties, including
necessary supplies, materials and equipment;

To appoint, upon the 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 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; to grant
them, at its discretion, leaves of absence under such
regulations as it may promulgate, any provisions of existing
law to the contrary notwithstanding; and to remove them for
cause in accordance with the requirements of due process of
law;

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


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To set policies on admission and graduation of students;

To award honorary degrees upon persons in recognition of
outstanding contribution in the fields of education, public
service, arts, science and technology 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;

To establish and absorb non-chartered tertiary institutions
within the Province of Iloilo 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 mandated by the
Constitution;

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

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

To delegate any of its powers and duties provided for
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;

r.) To authorize an external management audit of the University, to

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be financed by the CHED, subject to the Commission on Audit
rules and regulations; 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
universities and colleges within the Province of Iloilo or
Region VI, under the supervision of the CHED and in
consultation with the Department of Budget and
Management, and work towards the restructuring of the
University to become more efficient, relevant, productive and
competitive;

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

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
furtherance of the purposes and objectives of the University;

v.) 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 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

z.) 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 upon 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, upon three (3) days prior written notice, call 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 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 this
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 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 board meeting, they may duly
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
their 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 a smooth transition to a state university, the
incumbent president of ISCOF 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 of the University within six (6) 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 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 received by other presidents of similar
educational institutions.

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


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 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 composed of the President of the University as
Chairperson, Vice-Presidents, deans, directors and other officials of equal
rank as members, whose duty is to review and recommend to the Board
policies governing the administration, management and development
planning of the university.

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 the 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 beliefs, gender preference,
cultural or community affiliation ethnic origin, 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 faculty shall teach for or against any
particular church or religious sect.

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

No student shall be denied admission to the University by reason
of sex, religion, 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 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 services
of such employees can be spared without serious detriment to the 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 ISCOF, the San Enrique
Polytechnic College, the Dingle Agricultural and Technical College, the
Dumangas Polytechnic College and the Barotac Nuevo Polytechnic
Institute, 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 exciting laws prior to
the conversion into a University shall be respected.

All parcels of land belonging to the government occupied by the
ISCOF and its campuses in the municipalities of San Enrique, Dingle,
and Dumangas, and the Barotac Nuevo Polytechnic Institute are hereby
declared to be 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 parcels of land aforementioned 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 is for 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 custom duties in accordance with the
provisions of the Tariff and Custom 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 ameded.

Sec. 19. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s
appropriations of the ISCOF, except the sums needed to continue the
operations of the existing high school. Thereafter, such sums as may be


necessary for the continued operation and maintenance of the University
shall be included in the General Appropriations Act.

Sec. 20. Development Plan, — Management —_ Audit,
Organizational/ Administrative/ 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-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
c) Set up its organizational, administrative as well as academic

structure, including the appointment of the key officials of
the University.

Sec. 21. Filing of Report. - On or before the fifteenth (15%) day of
the second (2) month after the opening of regular classes each year, the
Board shall file with the Office of the President of the Philippines through
the Chairman of 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 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.

Sec. 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.

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

Sec. 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 shall remain in full force and
effect.

Sec 26. Repealing Clause. - All laws, presidential degrees, executive
orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Sec. 27. This Act shall take effect fifteen (15) days after its
publication in two newspaper of general circulation.

Approved: