Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEETH CONGRESS,
First Regular Session

HOUSE BILL NO. 5077

Introduced by Representative Florida P. Robes

EXPLANATORY NOTE

Corollary to the pronouncement of President Rodrigo Roa Duterte that tuition
fees in state colleges and universities shall be free, the constituents of the City of San
Jose Del Monte are left wanting. At present, the only government-owned and
supervised tertiary schools in the city are the satellite campuses of Bulacan State
University and Bulacan Polytechnic College. ‘The City, which aims to become a prime
sustainable city in the country, considers the establishment of a tertiary school a
must as thi

is guaranteed under the 1987 Constitution which states that it is the duty
of the State to promote quality and accessible education for all.

Needless to say, the main objective of this legislative proposal is for the
general welfare of the residents of the City. The City serves as a home to many
relocatees coming from Metro Manila. As such, good quality educational
infrastructures will help alleviate their living conditions. It is also undeniable that
quality higher education harnesses the productive capacities of the people and will
lead to economic prosperity.

Further, this proposal is align with one of the 17 Sustainable Development
Goals which seeks to ensure inclusive and equitable quality education and promote
lifelong learning opportunities for all. With these said, tertiary education in the
country must be enhanced and be made globally competitive, as well as accessible
and affordable. Hence, the establishment of this proposed State College will
definitely boost the present administration's development agenda. In view thereof,
the approval of this Bill is earnestly sought.

FLORIDA P. ROBES


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

SEVENTEETH CONGRESS
First Regular Session
5077

HOUSE BILL NO,

Introduced by Representative Florida P. Robes

AN ESTABLISHING A STATE COLLEGE IN THE LONE LEGISLATIVE
DISTRICT OF SAN JOSE DEL MONTE, PROVINCE OF BULACAN TO BE
KNOWN AS SAN JOSE DEL MONTE CITY STATE COLLEGE, AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1, Establishment. - There is hereby established in the City of San
Jose Del Monte, Province of Bulacan, a state college to be known as San Jose Del
Monte City State College, the same to be organized as a corporation under the same
name,

SEC. 2. General Mandate. ~ The State College shall primarily provide
advanced education, higher technological, professional instruction and training in
the sciences, arts, teacher education, ‘agriculture, engineering, business and
entrepreneurial technology and other related courses. It shall also seek academic
leadership in these areas of specialization and likewise advance human knowledge
through basic study and research in other relevant fields of study.

SEC. 3. Academie Freedom and Institutional Autonomy. ~ The State
College shall enjoy academic freedom and institutional autonomy, pursuant to
paragraph 2, Seetion 5 of Article XIV of the Constitution of the Republic of the
Philippines.

SEC. 4. Curricular Offerings. — The State College shall offer
undergraduate and graduate studies within its areas of specializations, specifically,
but not limited to, the fields of sciences, arts, teacher education, agriculture,
engineering, business and entrepreneurial technology, health related programs,
information technology and other fields as the Board of Regents may deem necessary
to carry out its objectives, particularly to the needs of the constituency: Provided,
that no degree program shall be offered without the approval of the Commission on
Higher Education before the same shall be approved by its Board.

SEC. 5. Administration. — The State College shall have the general powers
of a corporation set forth in Batas Pambansa Blg. 68, as amended, otherwise known.
as “The Corporation Code of the Philippines.” The Administration of the State
College and the exercise of its corporate powers shall be vested exclusively in its
Board of Trustees and the President.


SEC. 6. The Governing Board. - The government of the said State College
is vested upon the Board of Regents of the San Jose Del Monte City State College.
‘The Board of Regents shall be composed of the following:

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

(b) The President of the State College, Vice Chairperson;

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

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

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

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

(g) The President of the federation of faculty associations of the State College,
member;

(h) The President of the federation of student councils of the State College,
member;

(i) The President of the federation of alumni associations of the State College,

(j) Two (2) prominent citizens who have distinguished themselves in their
professions or fields of specialization, and chosen from among a list of at
least five (5) qualified persons within the Lone Legislative District of the
City of San Jose Del Monte, as recommended by the search committee
constituted by the State College President, in consultation with the
Chairperson of the CHED and the other members of the Board, based on
the normal standards and qualifications for the position set by the Board.

(2) The term of office of the President of the federation of faculty associations,
the federation of student councils and the federation of alumni associations 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.

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 rules and regulations not contrary to law as may be
necessary to carry out the purposes and functions of the State College;

(b) To receive and appropriate all sums as may be provided for the support of
the State College in the manner it may determine in its discretion, in order to
carry out its purposes and functions;

(c) To import duty - free economic, technical and cultural books and/or
publications, upon certification by the CHED that such imported books


and/or publications are for economic, technical, vocational, scientific,
philosophical, historical or cultural purposes, in accordance with the
provisions of the Tariff and Customs Code of the Philippines, as amended;

(d) 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 State College, subject to the limitations,
directions and instructions of the donor, if any.

Such donations shall be exempt from the donor's tax and the same shall be
considered as allowable deductions from the gross income in the computation
of the income tax of the donor, in accordance with the provisions of the
National Internal Revenue Code (NIRC) of1997, as amended: Provided, That
such donations shall not be disposed of, transferred or sold;

(e) To fix the tuition fees and other necessary school charges such as, but not
limited to, matriculation fees, graduation fees and 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 incomes
generated by the State College, shall constitute special trust funds and shall be
deposited in any authorized government depository bank, and all interests
that shall acerue therefrom shall form part of the same funds for the use of the
State College.

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

If, for reasons beyond its control, the State College shall not be able to pursue
any project for which the funds have been appropriated and allocated unde
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 State College;

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

(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 recommendation of the President of the State College,
Vice Presidents, deans, directors and heads of campuses, faculty members and
other officials and employees of the State College;


(i) 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 provision of existing law to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;

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

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

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

(m) To establish research and extension centers of the State College where
such will promote the development of the latter;

(n) To establish professorial chairs in the State College and to provide
fellowships for qualified faculty members and scholarships to deserving
students;

(0) To delegate any of its powers and duties provided for hereinabove to the
President and/or other officials of the State College as it may deem
appropriate, so as to expedite the administration of the affairs of the State
College;

(p) ‘To authorize an external management audit of the State College, 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;

(q) To collaborate with other governing boards of the state colleges and
universities within the Province of Bulacan, under the supervision of the
CHED and in consultation with the DBM, and work towards the restructuring
of the State College to become more efficient, relevant, productive and
competitive;

(s) To enter into joint ventures with business and industry for the profitable
development and management of the economic assets of the State College, the
proceeds from which shall be used for the development and strengthening of
the State Colle

(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 State
College;

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

(v) 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 learning or distance education 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 State College;

(x) To privatize, where most advantageous to the State College, the
management of nonacademie 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 State College 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 Bet by the Board, after unanimous
recommendation by the search committee.

SEC.8, Meetings of the Board, - The Board shall regularly convene at least
once every quarter. However, the Chairperson of the Board may, upon three (3) days’
prior written notice, call a maximum of two (2) special meetings whenever necessary.

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 State College is among those present in the meeting,

In the absence of the Chairperson of the CHED, a Commissioner of the CHED,
duly designated by him/her, shall represent him/her in the meeting with all the
rights and responsibilities of a regular member: Provided, however,. That during this
meeting, the President of the State College as Vice Chairperson shall be the Presiding
Officer: Provided, further, That this proviso notwithstanding, the Chairperson of the
CHED is hereby authorized to designate a CHED Commissioner as the regular Chair
of the Board, in which case said CHED Commissioner shall act as the Presiding
Officer.

In case the Chairpersons of the Congressional Committees on Education shall
not be able to attend the 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 other official business
authorized by resolution of the Board, subject to existing laws and regulations.

SEC. 9. Promulgation and Implementation of Policies. - The Board
shall promulgate and implement policies in accordance with the declared State
policies on education and other pertinent provisions of the Philippine Constitution
on education, arts and culture, 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".

SEC. 10. Tax Exemption. — All grants, bequests, endowments, donations
and contributions made to the State College to be used actually, directly and
exclusively by the State College 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 the donor, in accordance with the
provisions of the National Internal Revenue Code of 1997, as amended.

SEC. 11, The Administration ~ The Administration of the State College
shall he headed by a President, who shall render full - time service. He/She shall be
appointed by the Board, subject to the guidelines, qualifications and/or standards set
by the Board, upon recommendation of a duly constituted search committee. He/She
shall have a term of four (4) years and shall be eligible for reappointment for another
term.

In case of vacaney 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 his/her office, the Board shall have the authority to
designate an Officer - in - Charge of the State College, pending the appointment of a
new President,

In case of vacancy in the office of the President as mentioned in the
immediately preceding paragraph, his/her successor or the Officer - in - Charge shall
serve only the mexpired portion of the term,

The powers and duties of the President of the State College, in addition to
those specifically provided in this Act, shall be those usually pertaining to the office
of the President of similar state colleges, and those delegated by the Board.

The salary of the President of the State College shall be in accordance with the
Revised Compensation and Position Classification System and shall be comparable to
that being received by the Presidents of similar educational institutions.

The President of the State College shall be isted by the Vice President/s,
who shall be appointed by the Board upon recommendation of the President.

SEC. 12. The Administrative Council. - There shall be an Administrative
Council consisting of the President of the State College as 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 State College.


SEC. 13. The Academic Council. - There shall be an Academic Council to
be composed of the President of the State College, who shall act as Chairperson, and
all the 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 State College, 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/or
approval by the Board through the President of the State College. It shall have the
disciplinary power over students of the State College 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 or ethnic origin, religious opinion or affiliation shall be a
matter of inquiry in the appointment’ off faculty members of the State College:
Provided, That said appointment shall be subject to the guidelines, qualifications
and/or standards set by the Board: Provided, further, That no member of the faculty
shall teach for or against any particular chureh or religious sect.

SEC, 15. Admission. — No students shall be denied admission to the State
College by reasons of sex, nationality, religion, political affiliation, physical disability,
cultural or community affiliation or ethnic origin,

SEC. 16. Annual Report. - On or before the fifteenth (15') day of the
second (2"!) month after the opening of the regular classes each year, the Pr
of the State College shall file with the Office of the President ‘of the Philippines
through the Chairperson of the CHED, and with the Senate and the House of
Representatives, a detailed report on the progress, conditions, and needs of the
College.

SEC, 17. Campus Site. ~ The State College shall have an area of not less
than five (5) he s for its academic and instructional programs, research, and
development activities and experimental and laboratory facilities.

‘The Board shall forthwith recommend a suitable site within the Lone
Legislative District of San Jose Del Monte, Province of Bulacan for this purpose. The
Office of the President of the Philippines, through the CHED, shall effect the
immediate acquisition of the said area for use as campus site.

SEC. 18. Development Plan, - Within the period of one hundred twenty
(220) days after the approval of this Act, the State College shall submit a seven (7) -
year development plan, including its corresponding program budget to the CHED,
for corresponding recommendation to the DBM and which shall serve as the basis for
its policy decisions,

SEC. 19. Compliance with CHED Requirements. — The provisions of
this Act notwithstanding, the establishment or conversion of the institution into a
state State College shall become effective only upon the determination and
declaration by the CHED, based on the recommendation and declaration by the
CHED, based on the recommendation of a panel of experts that the institution has
complied with the requirements for a State College status. The CHEd, through its


regional office, shall regularly provide technical assistance to the institution and
monitor compliance with the requirements of the Commission.

SEC. 20. CHED Monitoring and Evaluation. - The CHED shall conduct
regular monitoring and evaluation to determine continuing compliance with the
requirements on State College status. In the event that the Commission finds that the
State College does not maintain compliance thereof, it shall submit the appropriate
recommendation for the revocation of the State College status to the Senate
Committee on Education, Arts and Culture and the House Committee on Higher and
Technical Education,

SEC. 21.Appropriations.- The amount necessary to carry out the
provisions of this Act shall be included in the annual General Appropriations Act.

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
State College.

SEC. 23. Parity Clause.- All other powers, functions and privileges,
responsibilities and limitations to state universities and/or their officials under
existing laws shall be deemed granted to or imposed upon the State College and/or
its officials whenever appropriate.

SEC 24. Implementing Rules and Regulations.- The Board, in
ation 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 thereby shall remain in full force and effect,

SEC. 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 aceordingly.14

SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,