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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.3544

Introduced by Honorable Florida P. Robes

EXPLANATORY NOTE

It has been said that education, at all levels, is a powerful tool and a prime catalyst
in promoting the socioeconomic development and growth of a nation. In fact, the 1987
Constitution provides that it is the duty of the State to protect and promote quality and
accessible education for all (Section 1, Article XIV).

Of all levels of education, it is the higher education that harnesses the productive
capacity of our human resource. A better tertiary education will lead to economic,
security, and material advances, all for the welfare of society. Good educational
infrastructures will help contribute to the development of communities. Also, higher
education must transcend curricular offerings as it should provide opportunities to lift
people from the morass of poverty. With better education comes economic growth, job
creation, and competitiveness and this is the real essence behind the filing of the Bill
converting the present City College of San Jose into a State University.

Further, with the conclusion of the Millennium Development Goals or MDG’s,
proponents claim the goal of achieving universal primary education has been reached.
Critics contend otherwise. This time, another set of development goals, the Sustainable
Development Goals or Global Goals which is an offspring of MDG’s, offer a broader
sustainability agenda geared towards addressing the root cause of poverty. One (1) of the
seventeen (17) Sustainable Development Goals is education which seeks to ensure
inclusive and equitable quality and promote lifelong learning opportunities for all. It is no
longer centered on primary education but education on all levels. With these said, there is
a need to strengthen and enhance education in the tertiary level and make institutions of
higher learning more accessible and available to our people. The said conversion to a
State University will definitely boost the city’s economic potential. At present, the only
existing state-funded institutions of higher learning in the City of San Jose Del Monte are
the satellite campuses of Bulacan State University and Bulacan Polytechnic College.


If this proposal is realized, the City of San Jose Del Monte will become
competitive in the light of the 2030 Agenda for Sustainable Development and ASEAN
Integrations.

Thus, the approval of this Bill is being earnestly sought.

FLOBADA P. ROBES


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

EIGHTEENTH CONGRESS
First Regular Session
3544

House Bill No.

Introduced by Honorable Florida P. Robes

AN ACT
CONVERTING THE CITY COLLEGE OF SAN JOSE DEL MONTE, PROVINCE
OF BULACAN INTO A STATE UNIVERSITY TO BE KNOWN AS SAN JOSE
DEL MONTE UNIVERSITY AND APPROPRIATING FUNDS THEREFOR

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

SEC. 1, Establishment. ~ The City College of San Jose Del Monte in the City of
San Jose Del Monte, Province of Bulacan is hereby converted into a State University to
be known as “San Jose Del Monte State University”, hereinafter referred to as the
University.

SEC. 2. Purpose of the University — The University shall be an institution of
higher learning which leads in dynamic, unique and distinct academic standards in
technology education, advancement of innovations and discoveries through science and
technology researches, instructions, advance graduate and professional education and
training and other related undertakings supportive to technology and higher than
minimum standards set by the Commission on Higher Education.

SEC. 3. General Mandate. - The University 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 seek academic leadership in these areas of specialization. It
shall likewise seek to advance human knowledge through basic study and research in
other relevant fields of study; to fully develop the Filipino intellect and promote Filipino
culture; and to introduce in its curricula studies which do not at present receive sufficient
‘emphasis in existing institutions of higher learning in the country.

SEC. 4. 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. 5. Curricular Offerings. - The University 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. 6. Administration. - The University 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 University and the
exercise of its corporate powers shall be vested exclusively in the Board of Trustees and
the President of the University.

SEC. 7. The Governing Board. - The government of the said university is vested
in a board of regents to be known as the Board of Regents of the University of the City of
San Jose Del Monte (Pamantasan ng Lungsod ng City of San Jose Del Monte). 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 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;

(©) 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 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;

@ 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 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 set by the Board.

(1) 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 by-laws.

‘The two (2) prominent citizens shall serve for a term of two (2) years from the
date of appointment.

SEC. 8. Powers and Duties of the Board of Regents. - The Board shall have the
following specific powers and duties, in addition to its general powers of administration
and the exercise of all the powers granted to the board of directors of a corporation under
existing laws:

(@) To promulgate rules and regulations not contrary to law 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 determin discretion, 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 of the Philippines, as amended;

(@) 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, 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;

(©) 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 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 and
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;

(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 University, Vice
Presidents, deans, directors and heads of campuses, faculty members and
other officials and employees of the University;

(® 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;

@ 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 degree's 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 research and extension centers of the University where
such will promote the development of the latter;

(n) To establish professorial chairs in the University 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 University as it may deem
appropriate, so as to expedite the administration of the affairs of the
University;

(p) 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;

(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 University to become more efficient, relevant,
productive and competitive;

(8) 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;

(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 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 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 University;

(x) 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

(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 Board as outstanding based on the
guidelines, qualifications and/or standards Bet by the Board, after
unanimous recommendation by the search committee.

SEC. 9. 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 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 provision notwithstanding, the Chairperson of the CHED is thereby
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. 10. 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. 11. Tax Exemption, - All grants, bequests, endowments, donations and
contributions made to the University to be used actually, directly and exclusively by the
University 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. 12. The Administration - The Administration of the University shall he
headed by a President, who shall render full-time service. He or 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 or She shall have a
term of four (4) years and shall be eligible for reappointment for another term.

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 have the authority to designate an Officer - in -
Charge of the University, 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
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 the Vice President/s, who shall
be appointed by the Board upon recommendation of the President.

SEC. 13. 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. 14. The Academic Council. - There shall be an Academic Council to be
composed of the President of the University, 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 leave 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/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.

SEC. 15. 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 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.

SEC. 16. Admission. - No students shall be denied admission to the University by
reasons of sex, nationality, religion, political affiliation, physical disability, cultural or
community affiliation or ethnic origin.

SEC. 17. Annual Report. — On or before the fifteenth (15) day of the second
(2™) month after the opening of the regular classes each year, the President of the
University 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. 18. Campus Site. - The University shall have an area of not less than five
(5) hectares 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. 19, Development Plan. - Within the period of one hundred twenty (120)
days after the approval of this Act, the University 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. 20. Compliance with CHED Requirements. - The provisions of this Act
notwithstanding, the establishment or conversion of the institution into a state university
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 university
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. 21, CHED Monitoring and Evaluation. - The CHED shall conduct regular
monitoring and evaluation to determine continuing compliance with the requirements on
University status. In the event that the Commission finds that the University does not
maintain compliance thereof, it shall submit the appropriate recommendation for the
revocation of the University status to the Senate Committee on Education, Arts and
Culture and the House Committee on Higher and Technical Education.

SEC. 22. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the annual General Appropriations Act.

SEC 23. Suppletory Application - The provisions of Republic Act No. 8292,
otherwise town 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. 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.


SEC 25. Implementing Rules and Regulations. - The Board, in consultation
with the CHED, shall formulate the guidelines 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.14

SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,