SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

18 AUG 14 P4206

mu

Introduced by Senator SONNY ANGARA

s.B. No. 1033

AN ACT
CONVERTING THE MARINDUQUE STATE COLLEGE IN THE MUNICIPALITY
OF BOAC, PROVINCE OF MARINDUQUE INTO A STATE UNIVERSITY TO BE
KNOWN AS THE MARINDUQUE STATE UNIVERSITY, AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE
This bill seeks the conversion of the Marinduque State College (MSC)
including its satellite campuses in the Province of Marinduque into a State University
to be known as the Marinduque State University (MSU).

MSC was founded on June 21, 1952 when House Bill No. 2743 authored by
then Congressman Panfilo Manguera of Marinduque was signed into law as Republic
Act 805 by President Elpidio Quirino.

Since its establishment, MSC continues to develop as an institution of higher
learning. It aims to keep on improving its methodologies and strategies to live up to
its mission of providing quality, responsive and dynamic leadership in the areas of
Education, Technology, Engineering, Fisheries, Culture, Arts, and Sciences. Its
abiding objective is to empower God-fearing individuals to become innovators,
Protectors and promotors of the sustainable development of the province and the
country as a whole. Its vision is to become a premier tertiary institution in fields of
instruction, research, extension and production, not just in MIMAROPA but also the
entire nation.



At present, MSC is progressing rapidly toward the attainment of its
Universityhood. Courses in Engineering, Allied Medicine, Entrepreneurship,
Communication and Tourism, and Information Technology are offered in addition to
the Industrial Technology and Teacher Education.

As evidence of the quality of its instruction, MSC’s graduates have topped
several board and licensure examinations, as several of its courses have obtained
Passing percentages higher than the national passing rate.

Given all the foregoing, it is high time for its conversion into a full-fledged
university. Such conversion will bring the government’s support closer to the poor
but deserving students who cannot afford private higher education within the
Province as university education outside of the province entails ancillary costs such
as board and lodging, food and transportation, among others. Furthermore, the
conversion will provide more opportunities not only to the people in the Province of
Marinduque, but in the neighbouring provinces as well.

Consistent with the constitutional mandate which provides that the State must
establish and maintain a complete, adequate and integrated system of education
relevant to the goals of national development, this bill becomes imperative.

In view of the foregoing, approval of this bill is highly recommended.

eae

INY ANGARA



SEVENTEENTH CONGRESS OF THE) ;
REPUBLIC OF THE PHILIPPINES ) Ce Seva
Third Regular Session ) oo? iter eae eertarp

18 NG 14 P.
SENT 614 P406

S.B. No. 1833 ib

Introduced by Senator SONNY ANGARA

AN ACT
CONVERTING THE MARINDUQUE STATE COLLEGE IN THE MUNICIPALITY
OF BOAC, PROVINCE OF MARINDUQUE INTO A STATE UNIVERSITY TO BE
KNOWN AS THE MARINDUQUE STATE UNIVERSITY, AND APPROPRIATING
FUNDS THEREFOR

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

Section 1. Conversion. - The Marinduque State College in the Municipality of
Boac, Province of Marinduque is hereby converted into a state university to be
known as the Marinduque State University (MarSu), hereinafter referred to as the
University integrating therewith the satellite campuses of Sta. Cruz, Gasan and
Torrijos. The main campus of the University shall be in the Municipality of Boac.

Sec. 2. General Mandate. - The Marinduque State College, hereinafter
referred to as the University, shall primarily provide advanced education, higher
technological and professional instruction and training in education, science and
technology, engineering, environment, agriculture, forestry and fisheries, arts and
sciences, business administration and management, health sciences and other
related fields of study. It shall also undertake research and extension services, and
provide progressive leadership in its areas of specialization.

Sec. 3. Curricular Offerings. - The University shall offer undergraduate and
graduate courses in the fields of education, science and technology, engineering,
environment, agriculture, fisheries, arts and sciences, business administration and
management, health sciences and other courses within its areas of specialization and
according to its capabilities as the Board of Regents may deem necessary to carry

1



CONAKHRWNH

out its objectives, particularly in meeting the needs of the Province of Marinduque
and Region IV-B.
The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education (DepEd): Provided, That the high school
shall be allowed to remain and operate within the campus of the College until the
existing students shall have completed their high school education: Provided,
further, That the College may operate reasonably-sized laboratory school under its
College of Education: Provided, furthermore, That the existing graduate school shall
become an integral part of the College of Education.
Sec. 4. Administration. - 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 Philippines". The administration of the University and
the exercise of its corporate powers shall be vested exclusively in the Board of
Regents and the President of the University.
Sec. 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;

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 Science and Technology
(DOST), Member;

g. the Regional Director of the Department of Agriculture (DA), Member;

h. the President of the Federation of Faculty Association of the University,
Member;



i, the President of the Federation of Student Councils of the University,
Member;

j. the President of the Federation of Alumni Association of the University,
Member; and

k. two (2) prominent citizens from the private sector who have distinguished
themselves in their professions or fields of specialization of the University,
Members.

The Board shall appoint the two (2) prominent citizens from among a list of at
least five (5) qualified persons in the Province of Marinduque, as recommended by
the search committee to be constituted by the University President, in consultation
with the CHED Chairperson and the other members of the Board, based on the
standards and qualifications for the position set by the Board. They shall serve for a
term of two (2) years from the date of appointment.

The term of the President of the Federation of Faculty Associations, the
President of the Federation of Alumni Associations, and the President of the
Federation of Student Councils, as members of the Board, shall be co-terminous with
their terms of office as set forth in their respective Constitution and bylaws.

Sec. 6. Powers and Duties of the Board. — The Board, 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, shall have the following
specific powers and duties:

a. to 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 the CHED under Republic Act No.
7722, otherwise known as the "Higher Education Act of 1994";

b. to promulgate rules and regulations 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, to carry
out the purposes and functions of the University;

d. to import economic, technical and cultural books and publications;

3



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
matriculation fees, graduation fees and laboratory fees, as the Board may
deem proper to impose, after due consultation with the involved sectors.
Such fees and charges, including government subsidies and other income
generated by the University, shall constitute a special trust fund, 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 law, rule or regulation 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 other school
fees for greater access of poor but deserving students in accordance with
the provisions of Republic Act No. 10931, otherwise known as the
“Universal Access to Quality Tertiary Education Act”;

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;



to appoint, upon the recommendation of the President of the University,
the vice presidents, deans, directors, heads of the campuses, faculty
members and other officials and employees of the University;

to fix and adjust salaries of faculty members, 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;

. to approve the curricula, instructional programs, and rules of discipline

drawn by the Administrative and the Academic Councils herein provided;
to set the 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 any field of specialization within the
academic competence of the University, and to authorize the awarding of
certificates of completion of non-degree and non-traditional courses;

. to establish and absorb non-chartered tertiary institutions within the

Province of Marinduque as branches and extension center in coordination
with the CHED and in consultation with the Department of Budget and
Management (DBM), and to offer therein programs or courses to carry out
the Constitutional mandate of providing equal access to educational
‘opportunities;

. to establish research and extension centers to promote the development

of the University;

. to establish professorial chairs in the University and to provide fellowships

for qualified faculty members, and scholarships to deserving students;

. to delegate any of its powers and duties provided 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 University;

5



CONAN RWYNE

. 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;

. to collaborate with the governing boards of the state universities and

colleges (SUCs) within the Province of Marinduque, under the supervision
of the CHED and in consultation with the DBM, and work towards
restructuring of the University to become more efficient, relevant,
productive and competitive;

to enter into joint ventures with business and industry for the profitable
development and management of the economic assets of the University,
the proceeds 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 and local and foreign, in the furtherance of the purpose and
objectives of the University;

. to develop academic arrangements for institution-capability building with

appropriate institutions and agencies, public and private and local and
foreign, and to appoint experts/specialists as consultants, part-time,
visiting or exchange professors, scholars, researchers, as the case may be;

. to set up the adoption of modern and innovative modes of transmitting

knowledge such as the use of information technology, the dual training
system, open distance learning, and community laboratory for the
promotion of greater access to education;

. to establish policy guidelines and procedures for participative decision-

making and transparency within the University;

to privatize, where most advantageous to the University, the management

of non-academic services such as health, food, building or grounds or
Property maintenance, and such other similar activities; and



z. to extend the term of the President of the University beyond the age of
retirement, but not beyond the age of seventy (70) based on the
guidelines, qualifications and standards act of the Board: Provided, That
the President’s performance has been rated by the Board as outstanding,
and after unanimous recommendation by the search committee.

Sec. 7. Meetings of the Board. - The Board shall regularly convene 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
within the year.

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 CHED Chairperson, a Commissioner of the CHED, duly
designated by the CHED Chairperson, as representative in the meeting, shall have 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 Chairperson of the Board, in which case said CHED Commissioner, shall
act as the Presiding Officer.

In case of the Chairpersons of the Congressional Committees on Education,
Arts and Culture and the House Committee on Higher and Technical Education will
not be able to attend the Board meeting, they may designate their respective
representatives to attend the meeting, who will have the same rights and
responsibilities as regular members 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 for their
attendance in the meetings of the Board or in connection with other official business
authorized by resolution of the Board, subject to existing laws and regulations.

Sec. 8. The University President. - The University shall be headed by a
President, who shall render full-time service and who shall be appointed by the

7



Board, upon recommendations of a duly constituted search committee. The
President shall serve a term of four (4) years and shall be eligible for reappointment
for another term: Provided, That in order to effect the smooth transition of the
Marinduque State College to a state university, the incumbent President of the
Marinduque State College, if qualified, 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).

The Board shall designate an Officer-in-Charge (OIC) of the University 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, pending the appointment of a new President: Provided, That
the OIC shall serve only the unexpired portion of the term.

The powers and duties of the President of the University, in addition to those
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, as modified by Joint
Resolution No. 4 dated June 17, 2009, and by such other laws amendatory thereto,
which may hereinafter be enacted, 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, a Vice-President for Finance and Administration, and a Vice-
President for Research, Extension and Training, who shall be appointed by the Board
upon recommendation of the President.

Sec. 9. Heads of University Campuses. - The Campus Directors shall serve as
heads or administrators of the University campuses and shall render full-time
service.

They shall be appointed/designated by the Board upon recommendation of
the Search Committee and the President, subject to the guidelines, qualifications and
standards set by the Board: Provided, That the incumbent Campus Directors of the

8



existing campuses shall serve as Campus Directors of their respective campuses
upon the effectivity of this Act.

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 who
shall keep all records and proceedings of the Board in addition to other duties and
responsibilities. The Secretary of the University shall serve upon each member of the
Board the appropriate notice of the Board meetings.

Sec. 11. The Treasurer of the University. - The Treasurer of the Philippines
shall be the ex-officio treasurer of the University.

Sec. 12. Administrative Council. - There shall be an Administrative Council
consisting of the President of the University, as Chairperson, and the vice presidents,
deans, directors and other officials of equal rank, as members, whose duty is to
review and recommend to the Board, policies governing the administration,
management and development planning of the University.

Sec. 13. The Academic Council. - There shall be an Academic Council to be
composed of the President of the University, who shall act as its Chairperson, and all
academic staff with the rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the
curricular offerings and rules of discipline of the University, subject to the approval
of the Board. It shall fix the requirements for the admission of students, as well as
for their graduation and conferment of degrees, subject to the review and approval
of the Board through the President of the University.

It shall have disciplinary power over the students of the University and shall
formulate academic policies, rules and regulations on discipline, subject to the
approval of the Board.

Sec. 14. The Faculty. — No political belief, gender preference, cultural or
community affiliation, ethnic origin, and religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the University: Provided,
That the appointment shall be subject to the guidelines, qualifications and standards
set by the Board: Provided, further, That a member of the faculty shall not criticize,
vouch for, recruit members in behalf of, or preach about any particular church or
religious sect.



Sec.15. Scholarship Program/Admission. - The University shall provide a
scholarship program and other affirmative action programs to assist poor but
deserving students who qualify for admission to the University. No student shall be
denied admission to the University by reason of sex, religion, political, cultural or
community affiliation, and ethnic origin.

Sec. 16. Authority to Loan or Transfer Apparatus/Equipment/Supplies and
Detail of Personnel, - The heads of the bureaus and offices of the national
government are hereby authorized to loan or transfer, upon 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, in the
judgment of the head of bureau or office, such apparatus, equipment, supplies or
services of such employees can be spared without serious detriment to 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 Marinduque State College, as well as liabilities or
obligations, are hereby transferred to the University: Provided, That the positions,
rights and security of tenure of the faculty members and personnel therein employed
under existing laws prior to the conversation into a University shall be respected:
Provided, further, That the incumbents of the positions shall remain in the same
status until otherwise provided for by the Board: Provided, finally, That the
University shall also include an upgrade or increase in its human resource
component.

All parcels of land belonging to the government occupied by the Marinduque
State College 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 concerned LGU or to the Republic of the
Philippines, as the case may be.

Sec. 18. Tax Exemption. — The importation of economic, technical and cultural
books and publications, which are for economic, technical-vocational, scientific,

10



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 RA No. 10863 otherwise known as the “Customs Modernization
and Tariff Act.”

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
Marinduque State College. 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, Organization
/Aaministrative/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 corresponding program

budget to the CHED, for corresponding recommendation to the DBM;

b. undergo a management audit in cooperation with the CHED; and

c. accordingly set up its organizational, administrative, and academic

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

Sec. 21. Annual Report. — On or before the fifteenth (15th) day of the second
month after opening of the regular classes each year, the Board shall file with the
Office of the President of the Philippines and both Houses of Congress, through the
CHED Chairperson, a detailed report on the progress, conditions and needs of the
University.

Sec. 22. Supplementary Application. - The provisions of RA 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. Compliance with CHED Requirements. - The provisions of this Act
notwithstanding, the conversion of the institution into a state university shall become
effective only upon the determination and declaration by the CHED, based on the
recommendation of a panel of experts it shall constitute for the purpose, that the



CONAH WN

Saeviaankraoanes

institution has complied with the requirements for a university status based on CHED
Memorandum Order No. 46, series of 2012.

The institution shall retain its status prior to the effectivity of this Act until it is
able to comply with the requirements provided herein.

Sec. 24. 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 or its officials,
whenever appropriate.

Sec. 25. Implementing Rules and Regulations. — Within sixty (60) days from
the effectivity of this Act, the Board, in consultation with the CHED, shall formulate
the rules and regulations to fully implement the provisions of this Act.

Sec. 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 thereby shall remain in full force and effect.

Sec, 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.

Sec. 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,