SPREE

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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No.__758

Introduced by Representative RUDY S. CAOAGDAN, DPA

EXPLANATORY NOTE

The Makilala Institute of Science and Technology (MIST) in the Municipality of Makilala,
Province of Cotabato is a community college run by the local government unit. It aims to
pursue excellence in instruction, research, and extension programs to produce skilled,
competent, and compassionate human resources for the socioeconomic development of the
Municipality of Makilala and its adjacent communities.

Likewise, the strategic location of the MIST in South Central Mindanao makes it a melting
pot of students from various tribes not only from Mindanao, but from different regions all
over the country as well. These include Ilocano, Tagalog, Bicolano, Cebuano, Ilonggo,
Waray, Maguindanaon, Iranon, Maranao, Tausug, and other tribes, especially the ethnic
tribes of Obo Manobo, Tiruray, Tagabawa, among others.

In addition, the MIST has been evaluated by the Commission on Higher Education and
was found to be compliant with the requirements for the grant of free tuition under
Republic Act No. 10931, otherwise known as the “Universal Access to Quality Tertiary
Education Act”. Therefore, its conversion into a state college, to be known as the
“Mindanao People State College (MPSC)”, will enable more indigenous peoples and other
marginalized groups from far-flung areas of South Central Mindanao to have access to free
education. More importantly, this will assure the MPSC that it will have regular funding
under the General Appropriations Act.

It can also be noted that this bill is a refiled version of the 19% Congress bill approved on
third reading by the House of Representatives, but which remained pending in the Senate
due to time constraints.

In view of the foregoing, approval of this bill is earnestly sought.

RUDY $. CAOAGDAN, DPA
Represehtative, 2 District, Cotabato


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

TWENTIETH CONGRESS
First Regular Session

House Bill No.__758

Introduced by REPRESENTATIVE RUDY S. CAOAGDAN, DPA

AN ACT
CONVERTING THE MAKILALA INSTITUTE OF SCIENCE AND
TECHNOLOGY IN THE MUNICIPALITY OF MAKILALA, PROVINCE OF
COTABATO, INTO A STATE COLLEGE AND APPROPRIATING FUNDS
THEREFOR

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

SECTION 1. Conversion. — The Makilala Institute of Science and Technology
(MIST) in the Municipality of Makilala, Province of Cotabato, is converted into a state
college to be known as the Mindanao Peoples State College (MPSC).

SEC. 2. General Mandate. - The MPSC shall primarily provide advanced
instruction and professional training in education, agriculture, engineering, information and
communications technology, business, health and sciences, criminal justice, and other
fields of study. It shall promote research, extension services, and production activities and
shall provide progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings. — The MPSC shall offer short-term technical-
vocational, undergraduate, and graduate courses, in the fields of education, agriculture,
engineering, information and communications technology, business, health and sciences,
criminal justice, and other degree courses, as the Board of Trustees may deem necessary to
carry out its objectives, and those which respond to the human resource development needs
of the Province of Cotabato and Region XII.

SEC. 4. Administration. - The MPSC shall have the general powers of a
corporation set forth in Republic Act (RA) No. 11232, otherwise known as the “Revised
Corporation Code of the Philippines”. The administration of the MPSC and the exercise of
its corporate powers shall be vested exclusively in the Board of Trustees and the President
of the MPSC.

SEC. 5. The Board of Trustees. — The governing body of the MPSC shall be the
Board of Trustees, hereinafter referred to as the Board, which shall be chaired and co-
chaired by the Chairperson of the Commission on Higher Education (CHED) and the
President of the MPSC, respectively, and with the following as members:

a. Chairperson of the Committee on Higher, Technical and Vocational Education
of the Senate;


b. Chairperson of the Committee on Higher and Technical Education of the House
of Representatives:

c. Regional Director of the National Economic and Development Authority;

d. Regional Director of the Department of Science and Technology;
. President of the federation of faculty associations of the MPS
f. President of the federation of student councils of the MPSC;
g. President of the federation of alumni associations of the MPSC;

h. Representative of the nonteaching or personnel association of the MPSC; and

i. Two (2) prominent citizens from the private sector who have distinguished
themselves in their professions or fields of specialization.

‘The Board shall appoint two (2) prominent citizens who shall be selected from a list
of at least five (5) qualified persons from the Province of Cotabato, as recommended by a
search committee constituted by the President of the MPSC, in consultation with the
Chairperson of the CHED and 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 terms of office of the presidents of the federation of faculty associations,
federation of student councils, federation of alumni associations, and the representative of
the nonteaching personnel shall be coterminous with their terms of office, as provided
under their respective constitutions and bylaws.

SEC. 6. Powers and Duties of the Board. ~ The administration of the MPSC and
the exercise of its corporate powers are vested in the Board, which 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 Section
35 of RA 11232:

a. Promulgate and implement policies in accordance with the declared State policies on
education, other pertinent provisions of the Constitution on education, agriculture, science
and technology, and the policies, standards and thrusts of the CHED under RA 7722,
otherwise known as the "Higher Education Act of 1994";

b. Approve the curricula, instructional programs, and rules on student discipline drawn by
the Administrative and Academic Councils, as herein provided;

c. Appoint, upon the recommendation of the President of the MPSC, the vice presidents,
chancellors, deans, directors, heads of the campuses, faculty members, and other officials
and employees of the MPSC;

d. Fix and adjust the 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; 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 remove them for cause in accordance with the requirements
of due process of law;

c. 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


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consultation with the concemed sectors. The fees and charges, including government
subsidies and other income generated by the MPSC, shall constitute its special trust funds
and shall be deposited in any authorized government depository bank. All interests that
shall accrue therefrom shall form part of the same funds for the use of the MPSC;

Any provision of existing law, rule or regulation to the contrary notwithstanding,
any income generated by the MPSC from tuition fees and other charges, as well as from the
operation of auxiliary services and land grants, shall be retained by the MPSC and may be
disbursed by the Board for instruction, research, extension services, and other programs or
projects of the MPSC: Provided, That all fiduciary fees shall be disbursed for the specific
purposes for which these are collected: Provided however, That if, for reasons beyond its
control, the MPSC 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 MPSC:

f. Adopt and implement a socialized scheme of tuition and other school fees for greater
access of poor but deserving students in accordance with RA 10931, otherwise known as
the “Universal Access to Quality Tertiary Education Act”;

g. Establish professorial chairs in the MPSC and provide fellowships for qualified faculty
members, and scholarships to deserving students;

h. Receive and appropriate sums as may be provided for by law for the support of the
MPSC, and all other sums in the manner it may, in its discretion, determine to carry out the
purposes and functions of the MPSC;

i. Set the policies on admission and graduation of students;

j. Award honorary degrees upon persons in recognition of their outstanding contributions in
the fields of education, public service, arts, science and technology, sports and human
kinetics or any field of specialization within the academic competency of the MPSC, and
authorize the awarding of certificates of completion of nondegree and nontraditional
courses;

k. Develop academic arrangements for institutional capability building with appropriate
institutions and agencies, whether public, private, local or foreign, and appoint experts or
specialists as consultants, part-time, visiting or exchange professors, scholars or researchers,
as the case may be;

1. Adopt modem and innovative modes of transferring knowledge to allow greater access to
education such as the use of information technology, online programs, the dual training
system, open distance learning, and community laboratory;

m. Absorb non-chartered tertiary education institutions within the Province of Cotabato and
Region XII as branches, extension campuses, and external centers, in coordination with the
CHED and in consultation with the Department of Budget and Management (DBM), and
offer therein programs or courses to carry out the constitutional mandate of providing equal
access to educational opportunities;


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n, Authorize an external management audit of the MPSC, to be financed by the CHED,
subject to the rules and regulations of the Commission on Audit, and institute reforms,
including academic and structural changes, on the basis of the audit results and
recommendations;

0. Develop consortia and other economic forms of linkages with local government units, as
well as public, private, local or foreign institutions and agencies for the furtherance of the
purposes and objectives of the MPSC;

p. Import economic, technical, and cultural books and publications;

q. Enter into joint ventures with business industry for the profitable growth and
management of economic assets, the proceeds of which shall be used for the development
and strengthening of the MPSC;

r. Receive, in trust, all legacies, gifts, and donations of real and personal properties of all
kinds and administer and dispose of the same, when necessary, for the benefit of the MPSC
and subject to the limitations, directions, and instructions of the donor, if any:

s. Extend the term of the President of the MPSC beyond the age of retirement but not
beyond the age of seventy (70), based on the guidelines, qualifications and standards set by
the Board: Provided, That the President’s performance has been rated by the Board as
outstanding and a unanimous recommendation for such extension has been decided upon
by the Search Committee;

1. Delegate any of its powers and duties to the President and other officials of the MPSC, as
it may deem appropriate, so as to expedite the administration of the affairs of the MPSC;

u. Establish policy guidelines and procedures for participative and transparent decision-
making within the MPSC;

v. Where most advantageous to the MPSC, privatize the management of nonacademic
services such as health, food, building or grounds or property maintenance, and such other
similar activities;

w. Authorize the construction or repair of its buildings, machinery, equipment and other
facilities, and the purchase and acquisition of real property, including the necessary
supplies, materials, and equipment; and

x. Promulgate rules and regulations, as may be necessary, to carry out the purposes and
functions of the MPSC.

SEC. 7. Meetings of the Board. — The Board shall regularly convene once every
three (3) months. The Chairperson of the Board may, however, call a special meeting
whenever necessary: Provided, That members are notified in writing at least three (3) days
prior to the conduct of said meeting.

‘A quorum of the Board shall consist of a 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 MPSC is among those present in the meeting.


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In case the Chairperson of the CHED cannot attend a meeting of the Board, a
CHED Commissioner duly designated by Chairperson of the CHED as representative to the
meeting, shall have all the rights and responsibilities of a regular member: Provided, That
during the meeting, the President of the MPSC, as Vice Chairperson, shall be the presiding
officer: Provided further, That this provision notwithstanding, the Chairperson of the
CHED may designate a CHED Commissioner as the regular Chairperson of the Board, in
which case, the said CHED Commissioner shall act as the presiding officer.

In case the Chairpersons of the Senate Committee on Higher, Technical and
Vocational Education and the House Committee on Higher and Technical Education shall
not be able to attend the Board meeting, they may designate their respective representatives
who shall have the same rights and responsibilities as regular members of the Board.

The members of the Board shall serve without compensation other than
reimbursements for actual and necessary expenses incurred, either for their attendance to
the meetings of the Board or in connection with other official business authorized by
resolutions of the Board, subject to existing laws and regulations.

SEC. 8. The College President. - The MPSC shall be headed by a President who
shall be appointed by the Board, subject to its guidelines on qualification standards, and
based on the recommendation of a Search Committee duly constituted for the purpose of
selecting the President. The MPSC President shall render full-time service for a term of
four (4) years, and may be reappointed to another term: Provided, That in order to effect
the smooth transition of the MIST to a state college, the incumbent President of the MIST,
if qualified, shall serve as the first President of the MPSC.

Within six (6) months before the expiration of the term of office of the incumbent
President of the MPSC, the Board shall constitute the Search Committee for the Presidency.

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

The salary of the President of the MPSC shall be in accordance with RA 11466,
otherwise known as the “Salary Standardization Law of 2019”, and such other laws
amendatory thereto, which may hereinafter be enacted, and on the joint circular for state
universities and colleges’ leveling instruments, and guidelines of the CHED and the DBM.

In case of vacancy in the Office of the President by reason of death, compulsory
retirement, resignation, removal for cause, or incapacity of the President to perform the
functions of the office, the Board shall designate an Officer-in-Charge (OIC) of the MPSC,
pending the appointment of a new President: Provided, That the OIC shall serve only
during the unexpired portion of the term.

The President of the MPSC shall be assisted by the following officials: Vice
President for Academic Affairs; Vice President for Administration, Planning, and Finance;
and Vice President for Research, Development, and Extension. They shall all be appointed
by the Board upon the recommendation of the President of the MPSC.

SEC. 9. The Secretary of the MPSC. ~ The Board shall appoint a Secretary who
shall serve as such for both the Board and the MPSC and shall keep all records and


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proceedings of the Board in addition to other duties and responsibilities. The Secretary of
the MPSC shall serve upon each member of the Board the appropriate notice of Board
meetings.

SEC. 10. The Treasurer of the MPSC. — The Treasurer of the Philippines shall be
the ex officio Treasurer of the MPSC.

SEC. 11. The Administrative Council. ~ There shall be an Administrative Council
consisting of the President of the MPSC, as Chairperson, and the vice-president, deans,
director, and other officials of equal rank, as members, whose duty is to review and
recommend to the Board such policies governing the administration, management, and
development planning of the MPSC.

SEC. 12. The Academic Council. — There shall be an Academic Council
consisting of the President of the MPSC, as Chairperson, and all academic staff with the
rank of at least an assistant professor, as members, which shall formulate academic policies.

The Academic Council shall review and recommend the curricular offerings and
rules on student discipline, fix the requirements for the admission of students, as well as for
their graduation and conferment of degrees, exercise disciplinary power over the students
and shall formulate rules and regulations on student discipline, subject to the review and
approval of the Board through the President of the MPSC.

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

SEC. 13. Academic Freedom and Institutional Autonomy. — The MPSC shall
enjoy academic freedom and institutional autonomy pursuant to Paragraph 2, Section 5 of
Article XIV of the Constitution.

SEC. 14. The Faculty. — No political belief, gender preference, cultural or
community affiliation, ethnic origin, nor religious opinion or affiliation shall be a matter of
inquiry in the appointment of faculty members of the MPSC: Provided, That the
appointment shall be subject to the guidelines on qualification 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 Programs and Admission. - The MPSC shall provide
scholarship programs and other affirmative action programs to assist poor but deserving
students who qualify for admission to the MPSC. No student shall be denied admission to
the College by reason of sex, religion, political, cultural or community affiliation, and
ethnic origin.

SEC. 16. Authority to Loan or Transfer of Apparatus, Equipment or 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 MPSC, such apparatus, equipment or supplies as may be needed by the MPSC and to
detail employees for duty therein when, in the judgement of the head of the bureau of office,
the 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


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required of them by the President of the MPSC and the time so employed shall be counted
as part of their regular service.

SEC. 17. Assets, Liabilities, and Personnel. — All assets, both real and personal,
personnel and records of the MIST, as well as its liabilities or obligations, shall be
transferred to the MPSC: Provided, That the positions, rights, and security of tenure of
faculty members and personnel therein employed under existing laws prior to the
conversion into a College shall be respected.

All parcels of land belonging to the government occupied by the MIST are declared
as property of the MPSC, and shall be titled under its name: Provided, That should the
MPSC cease to exist or be abolished or should such aforementioned parcels of land be no
longer needed by the MPSC, the same shall revert to the Municipality of Makilala or to the
Republic of the Philippines, as the case may be.

SEC. 18. Duty and Tax Exemptions. - The importation of books or publications,
which are for economic, technical-vocational, scientific, philosophical, historical, legal or
cultural purposes made by the MPSC, upon certification by the CHED, shall be exempt
from customs duties in accordance with the provisions of RA 10863, otherwise known as
the “Customs Modernization and Tariff Act”.

All grants, bequests, endowments, donations, and contributions made to and used
actually, directly, and exclusively for educational purposes by the MPSC, shall be exempt
from donor's tax and the same shall be considered as allowable deductions from gross
income 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. 19. Compliance with the CHED Requirements. ~ Notwithstanding the
provisions of this Act, the conversion of the MIST to a state college shall become effective
only upon the determination and declaration by the CHED, based on the recommendation
of a panel of experts constituted for the purpose, that the MIST has complied with the
requirements for a college status based on the CHED Memorandum Order No. 46, series of
2012 or the “Policy Standard to Enhance Quality Assurance in Philippine Higher
Education Through an Outcomes-Based and Typology-Based Quality Assurance”:
Provided, That the panel may issue such recommendation when the MIST has substantially
complied with the requirements for the grant of college status

The following operational requirements for a college, as established by the CHED,
shall be complied with:

a. Employment of full-time, permanent faculty members who possess relevant
degrees, as required by the CHED, and with experience in the subject areas they
handle;

b. Offering of a comprehensive range of degree programs characterized by a core
curriculum that holistically develops thinking, problem-solving, decision-
making, communication, technical, and social skills in line with the mission of
the MPSC;

c. Establishment and maintenance of comprehensive learning resources and
support structures that are appropriate for developing knowledge and skills in


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the specific natural science, social science, humanities, and professional
disciplines offered by the MPSC, including laboratories, books and journals;

d. Maintenance of linkage with the community that would ensure the development
of relevant academic and extension programs and the application of their
learning outcomes; and

e. Conduct of outreach programs involving students in social development-
oriented experiences that allow them to contextualize their knowledge within
actual social and human experiences.

The CHED, through its regional office, shall regularly provide technical assistance
to the MPSC and monitor its compliance with the requirements of the CHED.

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

SEC. 20. Development Plan and Organizational Structure. - Within one hundred
twenty (120) days after the approval of this Act, the MPSC shall accomplish the following:

a. Submit a five (5)-year development plan, including its corresponding program budget to
the CHED and the DBM;

b. Submit the revised Land Use Development and Infrastructure Plan (LUDIP) in
accordance with RA 11396, otherwise known as the “SUCs LUDIP Act”;

c. Undergo a management audit in cooperation with the CHED; and

d. Set up its organizational, administrative as well as academic structure, including the
designation of the key officials and other administrative personnel of the MPSC.

SEC. 21. Filing of Report. — On or before the fifteenth (15") day of the second
(2!) month after the opening of regular classes each year, the Board shall file a detailed
report on its compliance with the requirements for a College status with the Office of the
President of the Philippines and both Houses of Congress, through the Chairperson of the
CHED.

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

The Municipality of Makilala shall provide the same assistance until such time that
the amount necessary for the continued operation and maintenance of the MPSC shall be
included in the annual GAA.

SEC. 23. Suppletory Application. ~ The provisions of RA 8292, otherwise known
as the “Higher Education Modernization Act of 1997”, shall form part of this Act.

SEC. 24, Implementing Rules and Regulations. Within sixty (60) days from the
approval of this Act, the Board shall, in consultation with the CHED, issue rules and
regulations to implement its provisions.


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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 are in
full force and effect.

SEC. 26. Repealing Clause. - All other laws, presidential decrees. executive orders,
and rules and regulations contrary to or inconsistent with the provisions of this Act are
amended, repealed, or modified accordingly.

SEC. 27. Effectivity. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in a newspaper of general circulation.

Approved,