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

SEVENTEENTH CONGRESS
First Regular Session

3916

HOUSE BILL NO,

Introduced by Representative Maria Vida Espinosa Bravo

EXPLANATORY NOTE

This Bill seeks to covert the Dr. Emilio B, Espinosa Memorial State College
of Agriculture and Technology-DEBESMSCAT in the province of Masbate into the
Dr. Emilio B. Espinosa Memorial State University.

While conceived originally as a school of agriculture and technology this state
supported institution evolved into a college with several bachelor courses offered in
response to the educational needs of the students. ‘The conversion into a state
university goes along the retrofitting of circular offerings so that graduates will match
the demands of local industries and globalized labor.

And so as part of the constitutional guarantee to protect the rights of every
Filipino, it is the policy of the State to give priority to education, science and
technology, arts, culture to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development. The State policy
further provides that it shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a
1g standard of living and an improved quality of life for all.

In keeping with our national development and State poli
that this Representation is proposing for the conversion of the
state university

cs, itis in this context
id state college into

Ic is in this view that immediate passage of this bill is eamnestly sought.

(A VIDA ESPINOSA BRAVO

First (1°) District of Masbate


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

SEVENTEENTH CONGRESS
First Regular Session

3916

HOUSE BILL NO,

Introduced by Maria Vida

pinosa Bravo

ANA
CONVERTING THE DR. EMILIO B. ESPINOSA MEMORIAL STATE COLLEGE
OF AGRICULTURE AND TECHNOLOGY LOCATED IN THE PROVINCE OF
MASBATE INTO DR. EMILIO B. ESPINOSA MEMORIAL STATE UNIVERSITY.
AND APPROPRIATING FUNDS THE OR,

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

SECTION 1 Short Title.- ‘This Act shall be known as the Dr. Emilio
B, Espinosa Memorial State University Act of 2016,

SECTION 2. Declaration of Policy.- The State shall give priority to
education, science and technology, arts, culture to foster patriotism and nationalism
aceclerate social progress and promote total human liberation and development, ‘The
State policy further provides that it shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social ser promote full
employment, a rising standard of living and an improved quality of life for all,

SECTION 3. General Mandate The Univer
provide advanced education, higher technological, arts and s
industrial technology, engineering, aquaculture and other related f
may be relevant (o national development, It shall also undertake
services and production activities in support of the developm
Masbate and provide progressive leadership in its areas of sp

¥y. shall primarily
‘ences, education,
lds of study and as
earch, extension
1 of the province of
lization.

SI

CTION 4. Academie Freedom and Institutional Autonomy.- The
ill enjoy academic freedom and institutional autonomy, pursuant to
ction 2, Section 5 of Article XIV of the Constitution of the Republic

Univers

paragraph 2
of the Philippines.



SECTION Si Sireular 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,
education, engineering and other related courses within the areas of specialization and
according to its capabilities as the Board of Regents as may deem necessary to carr’
out its objectives, particularly in meeting the needs of the province of Masbate.

SECTION 6. Administration.~ ‘The University shall have the general
powers of the corporation set forth in Batas Pambansa Bl, #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 with the
Board of Regents and the President of the university.

SECTION 7. ‘The Governing Body.- ‘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 of Higher Education (CHED);

2.) The Senior Vice Chairperson of the State Universities and Colleges
(SUC)

3.) The Vice Chairperson, the President of the University;

4,) The Chairperson of the Committee on Higher Education, Arts and Culture
of the Senate as Member;

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

6.) The Regional Director of the Science and Technology (DOS);

7.) The President of the Federation of Faculty Associations of the university
as Member;

8.) The President of the Federation of Student Councils of the university as
Member;

9.) The President of the Feder
as Member;

jon of Alumni Associations of the university

10.) ‘Two (2) prominent citizens

from the private sector who have
distinguished themselves in their professions or fields of specialization of
the university as Member;

‘The Board shall appoint two (2) prominent citizens from among a list of at
least five (5) persons qualified in the province of Masbate where the university is
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 the Faculty
Associations, the President of the Federation of the Student Council and President of
the Federation\ of Alumni Association shall be co terminous 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.

SECTION 8, 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 exercise of all powers granted to the board of directors
ofa corporation under the existing laws;

a.) To promulgate and implement policies in accordance to 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 CHI 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 economie, technical and cultural books and or publication

c.) 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 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 trusts
funds and shall be deposited in any authorized government depository
bank, and all interests that shall accrue from shall form part of the same
funds for use of the university;

Any provision of existing laws, rules and regulations t contrary
notwithstanding any income generated by the university 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 of other programs and projects of the university; provided, that all fiduciary
fees shall be disbursed for specific purposes for which they are collected.

If for any reason 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 the 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.


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

h.) To authorize the construction or repair of its buildings, machinery,
equipment and other facilities and the purchase and acquisition of real and
personal properties including necessary supplies, 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;

J.) To fix and adjust salaries of faculty members and administrative officials
and employees, subject to the provisions of the Revised Compensation and
Position Classification System and other pertinent budget and
compensation laws governing hours of service and such other duties and
conditions as it may deem proper; to grant them, at its discretion, leaves of
absenees 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:

k.) To approve the curricula, instructional programs and rules of discipline
drawn by the Administrative and Academie Councils as herein provided;

1.) To set policies on admission and graduation of students:
m.)To award honorary degrees upon persons in recognition of outstanding
contribution in the fields of education, public service, arts, science and
technology or in any field of specialization within the academic
competence of the university; 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 Masbate as branches and centers of 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;

0.) To establish research and extension centers 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 qualifies faculty members and scholarships to deserving students:

q.) To delegate any of its powers and duties provided for hereinabove to the
President and other officials of the university as it may deem appropriate,
so as to expedite the administration of the affairs of the univer

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

s) To collaborate with other governing boards of the State Universities and
Colleges (SUCS) within Region V under the supervision of CHED and in
consultation with the Department of Budget and Management (DBM) and
work towards the restructuring of the university to become more efficient,
relevant, productive and competitive;

a



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

u,) 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 purpose and objectives of
the university;

v.) To develop academic arrangements for institutional capability building
with appropriate institutions and agencies, public and private, local and
foreign and to appoint experts and specialists as consultants, part-time or

ing or exchange professors, scholars or researchers as the case may be:

Ww.) 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 transpareney 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

z.) To extend the term of the President of the university beyond the age of
retirement but not beyond the age of (70) seventy whose performance has
been unanimously rated by the Board outstanding, based on the guidelines,
qualifications and or standards set by the Board after unanimous
recommendation by the search committee

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

A quorum of the Board shall consist of a majority of all its members holding
office at the same 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
ofa regular member: Provided, however, that during the mecting, the President of the
university shall be the presiding officer: Provided, further, that this proviso
notwithstanding, the Chairperson of the CHED is hereby authorized to designate a
HED Commissioner the regular Chair of the Board, in which case said CHED
‘ommissioner 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 ineurred either in their attendance
of meetings of the Board or in connection with their official business authorized by
resolution of the Board, subject to existing laws and regulations.

SECTION 10. ‘The University President... ‘The University President
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 recommendations 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 § state university, the incumbent president 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 vacaney in the office of the President by reason of death, compulsory
retirement, resignation, removal for a 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 (6) six months from the date of vacancy, pending the appointment of
anew President, The suecessor or the officer in charge shall serve only the unexpired
nn 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 Computation 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 Afiairs, a Vice President for Administration, who shall be appointed by the
Board upon recommendation of the President.

SECTION 11. The Secretary of the University. The Board shall
appoint a Secretary who shall serve as such for both the Board and 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 12. The Treasurer of the University.
Philippines shall be the Ex Officio treasurer of the university

The Treasurer of the



SECTION 13. The Administrative Council.- There shall be an
Administrative Council composed of the President of the university as Chairperson,
Vice Chairperson, Vice President, 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 14, The Academic Council.- There shall be an Academic
Council to be composed of the President of the university who shall act as the
Chairperson and all academic staff with the rank of at least assistant professors 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 the 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 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 15. The Faculty.- No political beliefs, gender preference,
cultural or community affiliation ethnic origin, religious opinion or affiliation shall be
matter of inquiry in the appointment of faculty members of the university; Provided,
that the 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.

SECTION 16. Scholarship Program/Admission.- The University shall
provide 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.

SECTION 17. 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 may
be needed by the university and to detail employees for duty therein when, in the
judgement of the head of bureau or office, such apparatus and 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.



SECTION 18. Assets, Liabilities and Personnel. All assets, real and
personal, personnel and records of the DEBESMCAT, as well as the 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
DEBESMSCAT are hereby declared 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 parcels of land aforementioned be no longer needed by the university, the
same shall revert to the LGUs concerned,

SECTION 19, 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 Customs Code of the Philippines,
as amended.

Donations in any form to the university shall be exempt from the donors tac
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 20. Appropriations. ‘The amount necessary to carry out the
provisions of this Act shall be charged against the current years appropriations of the
DEBESMSCAT. Thereafter, such sums as may be necessary for the continued
operation\ and maintenance of the university shall be included in the General
Appropriations Act (GAA).

SECTION 21. Development Plan, Management Audit, and
Organizational/Administrative/Academic Structure. Within the period of one
hundred twenty (120) days after the approval of this Act, the university shall
accomplish the follow

1.) Submita five year development plan, including its corresponding program
budget, to the CHED, for recommendation to DBM

2.) Undergo a management audit in cooperation with the CHED;

3.) Set up its organizational, administrative as well as academic structure,
including the appointment of the key officials of the univers

SECTION 22. Filing of Report. On or before the fifteenth (15") day
of the second month after the opening of the regular classes each year, the Board shail
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


SECTION 23. 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 24, Parity Clause.- All. other powers, functions and
privileges, respor and limitations to state universities and their officials under
existing laws shall be deemed granted to ot imposed upon the university and its
officials whenever appropriate,

SECTION 25, Implementing Rules and Regulations.- The Board, in
consultation with the CHED shall formulate the guidelines to fully implement the
provisions of this Act.

SECTION 26. 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.

SECTION 27, 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 28, _Effectivity Clause. This Act shall take effect fifteen
(15) days after its publication in two (2) newspaper of general circulation.

APPROVED,