HOUSEOF REPRESET syiucs

RECENEE
Republic of the Philippines 2 ‘
HOUSE OF REPRESENTATIVES conse 2 AUG 2018
Constitution Hills, Quezon City rave: Poli
BY:
SEVENTEENTH CONGRESS ey
First Regular Session FEMICTRATI TAI

(By,

House Bill No, 8220"

~ Introduced by: Rep. Josephine Y. Ramirez Sato

EXPLANATORY NOTE

This bill seeks the conversion of the Occidental Mindoro State College
including its satellite colleges in the Province of Occidental Mindoro into a
State University to be known as the Occidental Mindoro State University
(OMSU).

Occidental Mindoro State College (OMSC) provides special program in
promoting services in the field of research, extension and graduate studies for
progressive leadership. The OMSC have the following campuses: OMSC
Main in San Jose, Occidental Mindoro; OMSC Mamburao Campus; Damayan
Center and Experimental Forestry located at Brgy. San Isidro in San Jose;
Caminawit Extension Program in Brgy. Caminawit, San Jose. Agro-Forestry
Center in Brgy. Labangan, San Jose; OMSC-OMPC Campus in Brgy. Murtha,
San Jose; OMSC-PTMSTPC in the town of San Jose.

OMSC provides higher professional and technical instruction and
training.It caters to more than four thousand students from different parts of
the island of Mindoro and nearby provinces. Its conversion into a state
university will have greater impact in the advancement of higher education
and professional development of students in their chosen field of
specialization. Furthermore, it will greatly contribute as an economic stimulus
in the province.

This bill is consistent with the constitutional mandate of the State to
establish and maintain a complete, adequate and integrated system of
education relevant to the goals of national development.

HK. JOPEPHIINE Y.
\e Dightict pf Occidiftql Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
3220
House Bill No.

Introduced by: Rep. Josephine Y. Ramirez Sato

“AN ACT CONVERTING THE OCCIDENTAL MINDORO STATE COLLEGE
IN THE PROVINCE OF OCCIDENTAL MINDORO INTO A STATE
UNIVERSITY TO BE KNOWN AS THE OCCIDENTAL MINDORO STATE
UNIVERSITY (OMSU) AND APPROPRIATING FUNDS THEREFOR”

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

Section 1.Conversion. - The Occidental Mindoro State College in the Province
of Occidental Mindoro, including its duly integrated campuses, namely:
OMSC Main in San Jose, Occidental Mindoro; OMSC Mamburao Campus;
Damayan Center and Experimental Forestry located at Brgy. San Isidro in San
Jose; Caminawit Extension Program in Brgy. Caminawit, San Jose. Agro-
Forestry Center in Brgy. Labangan, San Jose; OMSC-OMPC Campus in Brgy.
Murtha, San Jose; OMSC-PTMSTPC in the town of San Jose; all located in the
Province of Occidental Mindoro is hereby converted into a state university to
be known as the Occidental Mindoro State University (OMSU), hereinafter
referred to as the University. The main campus of the University shall be in
the town of San Jose.

Section 2.General Mandate, - The University shall be primarily providing
advanced instruction and professional training in education, engineering,
science and technology, arts and humanities, information and communication
technology, agriculture, forestry, and other relevant fields of study. It shall
also undertake research, extension services and production activities in
support of the socio-economic development of Occidental Mindoro and
provide progressive leadership in its areas of specialization.

Section 3. Curricular Offerings - The University shall offer undergraduate and
graduate courses in the fields of education, engineering, science and
technology, arts and humanities, information and communication technology,
agriculture, forestry, and other degree courses within its areas of

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specialization and according to its capabilities, as the Board of Regents may
deem necessary to carry out its objectives and in order to meet the needs of
the Province of Occidental Mindoro and Region 4B.

The existing high schools shall be transferred to the jurisdiction and
supervision of the Department of Education (DepEd); Provided, That the high
schools shall be allowed to remain and operate within the campus of the
University until the existing students shall have completed their high school
education; Provided, further, That the University may operate a reasonably-
sized laboratory school, if it has a College of Education.

Section 4. Administration. - The University shall have the general powers of a
corporation set forth in Batas PambansaBlg, 68, as amended, otherwise known
as the “Corporation Code of the Philippines”, The administration of the
University and the exercise of its corporate powers shall be vested exclusively
in the Board of Regents and the president of the University.

Section 5. 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;

(©) 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;

(c) The regional director of the National Economic and Development
Authority (NEDA), member;

(0) The regional director of the Department of Science and Technology
(DOST), member;

(g) The president of the federation of student councils of the University,
member;

(h) The president of the federation of student councils of the University,
member;


() Two 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 prominent citizens from among a list
of at least five persons qualified in the Province of Occidental Mindoro, 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 associations shall be coterminous with
their respective terms of office, as set forth in their respective constitutions
and bylaws.

The two prominent citizens shall serve for a term of two years from the
date of appointment.

Section 6. 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, agriculture, science and technology, as well as the
policies, standards and thrusts of CHED under Republic Act No. 7722,
otherwise known as the “Higher Education Act of 1994”

Section 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 as may be necessary to carry out
the purposes and functions of the University;

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

(©) 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, as amended;


(d) To receive in trust legacies, gifts and donations of real 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.

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
(NRC) of 1997, 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 income generated by the University, shall constitute special trust
funds and shall be deposited in any authorized government depository
bank, and all interests 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 charge, as well as from the operation of
auxiliary services and land grants, shall be retained by the University,
and may be distributed 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 purpose for which
they 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 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;

(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;

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(h) To appoint upon recommendations of the president of the University,
vice presidents, deans, directors, heads of campuses, faculty members,
and other officials and employees of the University;

(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 regulation 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;

(j) 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,
science and technology, agriculture, or in any field of specialization
within the academic competence of the University; and to authorize the
awarding of certificates of completion of non-degree and non-
traditional courses.

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

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

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

(p) To delegate any of its powers and dutiesprovided hereinabove to the
president and/or officials of the University as it may deem


appropriate, so as to expedite the administration of the affairs of the
University;

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

(x) To collaborate with other governing boards of the state colleges and
universities within the Province of Occidental Mindoro or Region IV-B,
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;

(8) To enter into joint ventures with business and industry for 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;

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

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

(v) To set up 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 the community
laboratory for the promotion of greater access to education;

(w)To establish policy guidelines and procedures for participative
decision-making and transparency within the University;

(x) To privatize, where most advantageous to the University, the
management of nonacademic services such as health, food, building or
grounds or property maintenance and such other similar activities; and

(y) To extend the term of the president of the University beyond the age of
retirement but not beyond the age of seventy (70), whose performance
has been unanimously rated by the governing board as outstanding,

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based on the guidelines, qualifications and/or standards set by the
Board, after unanimous recommendation by the search committee.

Section 8. Meetings of the Board. - The Board shall regularly convene at least
once every quarter. However, the chairperson of the Board may, upon three
days prior to notice, call a maximum of two 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 University 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 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 of in connection with other
official business authorized by resolution of the Board, subject to existing
laws and regulations.

Section 9. The University President. - The University shall be headed by a
president, who shall render full-time service. He/she be appointed by the
Board, subject to 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 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 Occidental Mindoro State College, if qualified,
shalll serve as the first president of the University.

Within six months before the expiration of the term of office of the
incumbent president of the University, the Board shail 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 his/her office, the Board shall designate
an officer-in-charge of the University within six months from date of vacancy,
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
shalll hold office for the unexpired term only.

‘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 administration who shall be
appointed by the Board upon recommendation of the president.

Section 10, Heads of University Campuses. - Campus directors shall head the
University campuses and they shall render full-time service, They shall be
appointed by the Board upon recommendation of the search committee and
the University president, subject to the guidelines, qualifications and/or
standards set by the Board: Provided, That the incumbent college
administrators of the extension campuses shall serve as campus directors of
their respective campuses.

Section 11. 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.

Section 12. The Academic Council. ~ There shall be an academic council with
the president of the University as chairperson and all members of 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 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/or 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.

Section 13. 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. He/she shall serve upon
cach member of the Board the appropriate notice of the Board’s meetings.

Section 14. The Treasure of the University. - The Treasurer of the Philippines
shall the ex officio treasurer of the University.

Section 15. 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/or standards set by the Board: Provided, further, That no
member of the faculty shall teach for or against any particular church or
religious sect.

Section 16. 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.

Section 17. 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.

Section 18, Authority to Loan or Transfer Apparatus/ Equipment/ Supplies and
Detail of Personnel, - The heads of the bureaus and offices of the national
government are hereby authorized to loan or transfer, upon the request of the
president of the University, such apparatus, equipment or supplies as may be
needed by the University, and to detail employees for duty therein when, 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

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duties as required of them by the president of the University, and the time so
employed shalll be counted as part of their regular services.

Section 19. Assets, Liabilities and Personnel, - All assets, real and personal,
personnel and records of the Occidental Mindoro State College, and its duly
integrated campuses: OMSC Main in San Jose, Occidental Mindoro; OMSC
Mamburao Campus; Damayan Center and Experimental Forestry located at
Brgy. San Isidro in San Jose; Caminawit Extension Program in Brgy.
Caminawit, San Jose. Agro-Forestry Center in Brgy, Labangan, San Jose;
OMSC-OMPC Campus in Brgy. Murtha, San Jose; OMSC-PTMSTPC in the
town of San Jose; 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 shalll be respected.

All parcels of land belonging to the government occupied by the
Occidental Mindoro State College in the OMSC Main in San Jose, Occidental
Mindoro; OMSC Mamburao Campus; Damayan Center and Experimental
Forestry located at Brgy. San Isidro in San Jose; Caminawit Extension
Program in Brgy. Caminawit, San Jose. Agro-Forestry Center in Brgy.
Labangan, San Jose; OMSC-OMPC Campus in Brgy. Murtha, San Jose;
OMSC-PTMSTPC in the town of San Jose. are hereby declared to be property
of the University, and shalll 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.

Section 20. Appropriations. - The amount necessary to carryout the initial
implementation of this Act shall be charged against the current year’s
appropriations of the Occidental Mindoro State College, except the sums
needed to continue the operations of the existing high schools. Thereafter, the
sums as may be necessary for the continued operation and maintenance of
Occidental Mindoro State University shall be included in the annual General
Appropriations Act. The LGUs concerned shall continue to provide assistance
to the University corresponding to the funding given to the Occidental
Mindoro State College before the same are integrated into the University are
included in the annual General Appropriations Act.

Section 21. Development Plan, Management Audit, Organizational/Administrative/
Acniemic 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;

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

(©) Accordingly set up its organizational, administrative, as well as
academic structure, including the appointment of the University key
officials.

Section 22. Filing of Report, ~ On or before the fifteenth (15') day of the second
month after the opening of 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 Universi

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,
responsibilities and limitations to state universities and/or their officials
under existing laws shall be deemed granted to or imposed upon the
University and/or 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 of provision of
this Actis declared invalid or unconstitutional, the remaining parts or
provisions 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. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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