HOUSE YF REPRESENTATIVES

RECEIVED
SEVENTEENTHCONGRESS —_) 08 AUG 2016
REPUBLIC OF THE PHILIPPINES ) DATE:
First Regular Session ) Time: FOF
HOUSE OF REPRESENTATIVES BY:

Introduced by Representative Maximo B. Rodfiguez, 27¢T2 TION UNIT
LS AND 'NDEX SE
House Bill No, 2984 [Bits 28D 'NOEX SERVICE

EXPLANATORY NOTE

The City of Gingoog is located in the Province of Misamis Oriental. It is fast
becoming one of the more fast-growing cities in the Province. The population of the
City continues to grow but unfortunately, the economic situation of the City is still
currently unable to cope up with the boom in the population. As such, there are more
‘and more people who have a hard time providing for their families and the one of the
first sacrifices that they make is tertiary education.

At present, Gingoog has no state college where the indigents and
underprivileged can study at in order to get quality college education, and one look at
the population census of the City will show that majority of the population are
between 10-19 years old. This means that majority of the population will enter
college in a few years or are supposed to be in college already.

With out a State College, most of these students will have no place to get the
tertiary education that they deserve.
In view of the foregoing, immediate passage iis earnestly requested.

fy

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTHCONGRESS ——_)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No. 258 4

AN ACT
ESTABLISHING A STATE COLLEGE IN THE CITY OF GINGOOG, PROVINCE OF
MISAMIS ORIENTAL TO BE KNOWN AS THE GINGOOG CITY STATE COLLEGE
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Establishment, - There is hereby established a state college in the City
‘of Gingoog, Province of Misamis Oriental to be known as the Gingoog City State
College, hereinafter referred to as the College.

SEC. 2, General Mandate. - The College shall primarily provide advanced education,
higher technological, professional instruction and training in science, education,
agriculture, fishery and industrial fields and other relevant fields of study. It shall also
undertake research and extension services and programs in food production,
nutrition, heath and sports development, and provide progressive leadership in its
areas of specialization.

SEC. 3. Curricular Offerings. - The College shall offer undergraduate and graduate
studies in the fields of science, education, agriculture, fishery and industrial fields and
other degrees/courses within its areas of specialization and according to its
capabilties, as the Board of Trustees may deem necessary to camry out its
objectives, in order to meet the needs of the Province of Misamis Oriental and
Region X

The College may operate a reasonably sized laboratory school, if it has a
College of Education.

SEC. 4. Administration. - The College 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 College and the
exercise of its corporate powers shall be vested exclusively in the Board of Trustees
and the President of the College.

SEC. 5. The Governing Board. —- The governing board of the College shall be the
Board of Trustees, 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 College, 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 faculty association of the College, member;

(h)_ The President of the student council of the Colege, member;

(i) The President of the alumni association of the College, member, and

(Two (2) prominent citizens from the private sector who have distinguished
themselves in their profession or fields of specialization of the College,
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 Misamis Oriental, as recommended
by the search committee constituted by the College President, in consultation with
the Chaimperson 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 faculty association, the President of
the student council and the President of the alumni association shall be coterminous
with their respective terms of office, as set forth in their respective constitutions and
bylaws:

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

SEC. 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 the CHED
under Republic Act No. 7722, otherwise known as the "Higher Education Act of
1994”,

SEC. 7. Powers and Duties of the Board of Trustees. - The Board shall have the
folowing specific powers and duties, in addition to its general powers of
administration and the exercise of al the powers granted to the board of directors of
‘a corporation under existing laws:

(a) To promulgate rules and regulations not contrary to law as may be
necessary to carry out the purposes and functions of the College;

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

(c) To import duty-free economic, technical and cutural books and/or
publications, upon cettification by the CHED that such imported books
and/or publications are for economic, technical, vocational, scientific,
philosophical, historical or cultural purposes, in accordance with the
provisions of the Tariff and Customs Code of the Philippines, as amended;

(d) To receive in trust legacies, gifts and donations of real properties of all
kinds and to administer and dispose of the same when necessary for the
benefit of the College 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 Intemal Revenue Code (NIRC) of 1997, 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 govemment subsidies and other
income generated by the College, 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 College.

‘Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the Colege from tuition fees
and other charges, as well as from the operation of auxiliary services and
land grants, shall be retained by the College and may be disbursed by the
Board for instruction, research, extension or other programs/projects of the
College: Provided, That all fiduciary fees shall be disbursed for the specific
purpose for which these are colected, If, for reasons beyond its control,
the College shall not be able to pursue any project for which 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 College;

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

() To authorize the construction or repair of its buildings, machinery,
equipment and other facilties, and the purchase and acquisition of real
and personal properties, including necessary supplies, materials and
equipment,

(h) To appoint, upon recommendation of the President of the College, Vice
Presidents, deans, directors, heads of departments, faculty members and
other officials and employees of the College;

() To fix and adjust salaries of facuty 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 as 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 agricutture, public service, arts,
science and technology, education or in any field of specialization within
the academic competence of the College; and to authorize the awarding of
certificates of completion of non-degree and nontraditional courses;

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

(n) Toestablish research and extension centers of the College where such will
promote the development of the latter;

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

(p) To delegate any of its powers and duties provided for hereinabove to the
President or Officer-in-Charge and/or other officials of the College as it
may deem appropriate, so as to expedite the administration of the affairs


of the College;

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

() To collaborate with other goveming boards of state universities and
colleges within the Province of Cebu or Region VII, under the supervision
of the CHED and in consultation with the DBM, and work towards the
restructuring of the College to become more efficient, relevant, productive
and competitive;

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

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

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

() To set up the adoption of modem 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 higher education and graduate studies,
as the case may be;

(w) To establish policy’ guidetnes and procedures for participative decision-
making and transparency within the College;

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

(y) To extend the term of the President of the College beyond the age of
retirement but not beyond the age of seventy (70), whose performance has
been unanimously rated by the Board as outstanding, based on the
guidelines, qualifications andor standards set by the Board, after
Unanimous recommendation by the search committee.

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

‘A quorum of the Board shall consist of majority of all its members holding office
at the time of the meeting: Provided, however, That the Chairperson of the CHED or
the President of the College is among those present in the meeting.

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

In case the Chairpersons of the Congressional Committees on Education shall
not be able to attend the Board meeting, they may duly designate their respective
representatives to attend the said meeting, who shall have the same rights and
responsibilities as a regular member of the Board,


The members of the Board shail 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 College Presifent. - The College shall be headed by a President, who
shall render fulltime service. He/She shall be appointed by the Board, subject to the
guidelines, qualifications and/or standards set by the Board, upon recommendation
‘of a duly constituted search committee. He/She shall have a term of four (4) years
and shall be eligible for reappointment for another term.

Pending the appointment of the first President of the College, the Chairperson
oftthe CHED shall appoint an Officer-in-Charge of the College.

Within six (6) months before the expiration of the term of office of the
incumbent President of the College, 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 his/her office, the Board shall designate an Officer-in-
Charge of the College within six (6) months from the 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 of the
College shall serve only the unexpired portion of the term.

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

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

The President of the College shall be assisted by a Vice President for
‘Academic Affairs, who shall be appointed by the Board upon the recommendation of
the President

SEC. 10. The Administrative Council. - There shall be an Administrative Council
consisting of the President of the College as Chairperson, Vice Presidents, deans,
directors and other officials of equal rank as members, whose duty is to review and
recommend to the Board the policies goveming the administration, management and
development planning of the College.

SEC. 11. The Academic Council, - There shall be an Academic Council to be
composed of the President of the College, who shall act as 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 College, subject to the approval of
the Board. It shall fix the requirements for the admission of students, as well as for
their graduation and conferment of degrees, subject to review and/or approval by the
Board through the President of the College.

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

SEC. 12. The Secretary of the College. - The Board shall appoint a secretary, who
shall serve as such for both the Board and the College and shall keep all records and
proceedings of the Board. He/She shall serve upon each member of the Board the
appropriate notice of the Board meetings.


SEC. 13. The Treasurer of the College. - The Treasurer of the Philippines shall be
the ex officio treasurer of the College.

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 College: Provided,
That said appointment shall be subject to the guidelines, qualifications and/or
standards set by the Board: Provided, further, That no member of the faculty shall
teach for or against any particular church or religious sect.

SEC. 15. Scholarship Program/Admission. - The College shall provide a scholarship
program and other affirmative action programs to assist poor but deserving students
who qualify for admission to the College.

No student shall be denied admission to the College by reason of sex, religion,
cultural or community affiliation or ethnic origin.

SEC. 16, Academé Freedom and Institutional Autonomy. — The College 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. 17. Authority fo Loan or Transfer Apparatus/Equipment/Supplies and Detail of
Personnel. - The heads of the bureaus and offices of the national govemment are
hereby authorized to loan or transfer, upon the request of the President of the
College, such apparatus, equipment or supplies as may be needed by the College,
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 the public service.

‘The employees so detailed shall perform such duties as required of them by
the President of the College, and the time so employed shall be counted as part of
their regular services.

SEC. 18. Campus Site/Assets. — The College shall have an area of not less than five
(5) hectares, at least three (3) hectares of which are contiguous to the main campus,
for its exclusive use as campus site 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 City of Gingoog
for this purpose. The parcel of land to be occupied by the Gingoog City State
College is hereby declared to be property of the College, and shall be titled under
that names Provided, That should the College cease to exist or be abolished, or
should said parcel of land aforementioned be no longer needed by the College, the
‘same shall revert to the LGU concemed.

SEC. 19. Appropriations, - The amount necessary to carry out the provisions of this
Act shall be included in the annual General Appropriations Act of the year following
its enactment into law and thereafter.

SEC. 20. Development Plan, Management Audit, — Organizationay
‘Administrative/Academic Structure. — Within the period of one hundred twenty
(120) Days after the approval of this Act, the College shall accomplish the following:
(a) Submit a five (6)-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) Accordingly set up its organizational, administrative as well as academic
structure, including the appointment of the key officials of the College.


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 College.

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 Goveming Charter of the
College.

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

SEC. 24, Implementing Rules and Regulations. - The Board, in consuation 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,