FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
S. No. 2859 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
'11 
JUN -1 
,~11 :11 
The Pampanga Agricultural College or PAC, located in the western slope of Mt. 
Arayat in the Municipality of Magalang, Pampanga, is a state agricultural institution 
established in 1885 as an agricultural experiment station known as Estacion Pecuaria. 
It was later renamed La Granja Modelo de Magalang, which was further changed to 
Magalang Farm School but had to stop operations in 1898 due to the revolution. 
In 1918, the School resumed its operations through the efforts of Governor 
Honorio Ventura and Assemblyman Andres Luciano together with American teacher 
Kilmer Moe. In 1921, the School offered curricula in both intermediate and secondary 
levels. 
The Magalang Farm School was renamed Pampanga National Agricultural 
School in 1938 through Commonwealth Act 313 and had to cease operations 
intermittently from 1941 to 1955 on account of the World War II and the HUK Rebellion. 
In 1965, the School was converted to Pampanga Agricultural College by virtue of 
Republic Act No. 4576, with the mandate to offer agriculture and agriculture related 
curricular programs, and allied fields, and in September 1976 the same became a state 
college. Now, it offers a total of 13 undergraduate courses (both allied and non-allied 
courses), 2-year computer courses, a two-year course in agricultural technology, 
maintains a laboratory high school, an agricultural science high school, and operates a 
graduate school for three graduate and three doctoral degrees. 
This bill seeks to convert the Pampanga Agricultural College into a state 
university to be known as the Diosdado Macapagal Agriculture and Science State 
University (DMASSU). 
In view of the foregoing, early passage of this bill is earnestly sought. 
MAN 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 2859 
) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
'11 
JUN -1 
,Qll :11 
CONVERTING 
THE 
PAMPANGA 
AGRICULTURAL 
COLLEGE 
IN 
THE 
MUNICIPALITY OF MAGALANG, PROVINCE OF PAMPANGA INTO A STATE 
UNIVERSITY TO BE KNOWN AS THE DIOSDADO MACAPAGAL AGRICULTURE 
AND SCIENCE STATE UNIVERSITY (DMASSU) AND APPROPRIATING FUNDS 
THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Conversion. - The Pampanga Agricultural College (PAC) in the 
Municipality of Magalang, Province of Pampanga is hereby converted into a state 
university to be known as the Diosdado Macapagal Agriculture and Science State 
University (DMASSU), hereinafter referred to as the University. 
SEC. 2. 
General Mandate. -
The 
University shall 
primarily 
provide 
advanced education, higher technological, professional instruction and training in the 
fields of agriculture, arts and sciences, teacher education, industrial technology and 
engineering, 
information technology, 
business 
management and accountancy, 
nontraditional courses and other relevant fields of study. 
It shall also undertake 
research, extension services and production activities in support of the development of 
the Province of Pam pang a 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 courses in the fields of agriculture, arts and sciences, teacher education, 
industrial technology and engineering, information technology, business management 
and accountancy, tourism, health services and other 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 
Pampanga and Region III. 
The University may operate a reasonably-sized laboratory school under its 
College of Education. 
SEC. 5. 
Adminsitration. - The University shall have the general powers of 
a corporation set forth in Batas Pambansa Big. 68, as amended, otherwise known as 
"The Corporation Code of the Philippine". 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 board of the University 
shall be the Board of Regents, hereinafter referred to as the Board, which shall be 
composed of the following: 
(a) The Chairperson of the Commission on Higher Education (CHED), 
Chairperson; 
(b) The President of the University, Vice Chairperson; 
(c) The Chairperson of the Committee on Education, Arts and Culture of the 
Senate member; 
(d) The Chairperson of the Committee on Higher and Technical Education of the 
House of Representatives, member; 
(e) The Regional Director of the National Economic and Development Authority 
(NEDA), member; 
(f) The Regional Director of the Department of Agriculture (DA), member; 
(g) The President of the federation of faculty associations of the University, 
member; 
(h) The President of the federation of student councils of the University, member; 
(i) The President of the federation of alumni associations of the University, 
member; and 
U) Two (2) prominent citizens from the private sector who have distinguished 
themselves in their profession or fields of specialization of the University, 
members. 
The Board shall appoint the two (2) prominent citizens from among a list of at 
least five (5) qualified persons in the Province of Pampanga, as recommended by the 
search committee constituted by the University President, in consultation with the 
Chairperson of the CHED and the other members of the Board, based on the normal 
standards and qualifications for the position. 
The term of office of the President of the federation of faculty associations, the 
President of the federation of student councils and the President of the federation of 
alumni association shall be 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 pOlNers 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 1991"; 


(b) To promulgate rules and regulations not contrary to law as may be necessary 
to carry out the purposes and functions of the University; 
(c) To receive and appropriate all sums as may be provided for the support of the 
University in the manner it may determine in its discretion, in order to carry 
out the purposes and functions of the University; 
(d) To import economic, technical and cultural books and/or publications; 
(e) To receive in trust legacies, gifts and donations of real and personal 
properties of all kinds and to administer and dispose of the same when 
necessary for the benefit of the University, and subject to the limitations, 
directions and instructions of the donor, if any; 
(f) To fix the tuition fees and other necessary school charges such as, but not 
limited to, matriculation fees, graduation fees and laboratory fees, as the 
Board may deem proper to impose, after due consultations with the involved 
sectors. Such fees and charges, including government subsidies and other 
income generated by the University, shall constitute special trust funds and 
shall be deposited in any authorized government depository bank, and all 
interests that shall accrue therefrom shall form part of the same funds for the 
use of the University. 
Any provision of existing laws, rules and regulations to the contrary 
notwithstanding, any income generated by the University from tuition fees and other 
charges, as well as from the operation of auxiliary services and land grants, shall be 
retained by the University, and may be disbursed by the Board for instruction, research, 
extension or other programs/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 adopt and implement a socialized scheme of tuition and school fees for 
greater access to poor but deserving students; 
(h) To authorize the construction or repair of its buildings, machinery, equipment 
and other facilities, and the purchase and acquisition of real property, 
including necessary supplies, materials and equipment; 
(i) To appoint upon recommendation of the President of the University, Vice 
Presidents, deans, directors, heads of campuses, faculty members and other 
officials and employees of the University; 
0) 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; 
(k) To approve the curricula, instructional programs and rules of discipline drawn 
by the Administrative and Academic councils herein provided; 


(I) To set policies on admission and graduation of students; 
(m)To award honorary degrees upon persons in recognition of their outstanding 
contribution in the fields of education, public service, arts, science and 
technology, agriculture or in any field of specialization within the academic 
competence of the University; and to authorize the awarding of certificates of 
completion of nondegree and nontraditional courses; 
(n) To establish and absorb non-chartered tertiary institutions within the Province 
of Pampanga 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; 
(0) To establish research and extension centers of the University where such will 
promote the development of the latter; 
(p) To establish professorial chairs in the University and to provide fellowships for 
qualified faculty members and scholarships to deserving students; 
. 
(q) To delegate any of its powers and duties provided for 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 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; 
(s) To collaborate with other governing boards of the state colleges and 
universities within the Province of Pampanga or Region III, 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; 
(t) 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; 
(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 the furtherance of the purposes 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/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 
nonacademic 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 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, 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 
of the CHED as representative in the meeting with all the rights and responsibilities or a 
regular member: 
Provided, however, That during this 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 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. 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 the PAC 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 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 Finance and 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. Tile 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, Vice Presidents, 
deans, directors and other officials of equal rank as members, whose duty is to review 
and recommend to the Board the policies governing the administration, management 
and development planning of the University. 
SEC. 13. Tile 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 assistance 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 beliefs, gender preference, cultural or 
community affiliation or ethnic origin, and religious opinion or affiliation shall be a matter 
of inquiry in the appointment of faculty members of the University: Provided, That said 
appointment shall be subject to the guidelines, qualifications and standards set by the 
Board: Provided, further, That no member of the faculty shall teach for or against any 
particular church or religious sect. 
SEC. 15. Scholarsllip 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. Autllority 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 Dr supplies as may be needed by the University, 
and to detail employees for duty therein when, in the judgment of the head of the 
bureau or office, such apparatus, equipment, supplies or services of such employees 
can be spared without serious detriment to public service. 
The employees so detailed shall perform such duties as required of them by the 
President of the University, and the time so employed shall be counted as part of their 
regular services. 


SEC. 17. 
Assets, Liabilities and Personnel. - All assets, real and personal, 
personnel and records of the PAC, 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 PAC 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 
LGU concerned or the Republic of the Philippines, as the case may be. 
SEC. 18. Tax Exemption on Importation and Donations. - The importation of 
economic, technical and cultural books and/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 customs duties in 
accordance with the provisions of the Tariff and Customs Code of the Philippines, as 
amended. 
Donations in any form to the University shall be exempt from the donor's tax and 
the same shall be considered as allowable deduction from the gross income in the 
computation of the income tax of the donor, in accordance with the provisions of the 
National Internal Revenue Code of 1997, as amended. 
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 PAC except 
the sums needed for the continued operation 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 annual 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 (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 
(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 (15th) day of the second 
(2nd) 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 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 
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 accordingly. 
SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation. 
Approved,