REPRESE

SR pea
TAUS_2013

Republic of the Philippines

House of Representatives
Quezon City, Metro Manita

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.. 2566

Introduced by HON. TUPAY T. LOONG of the I* District of Sulu

EXPLANATORY NOTE

Knowing full well that education is one of the most efficient tools in
mitigating poverty among our people, it is important that affordable
education be made available to as many people as possible. Thus, this bill
seeks to convert the Hadji Butu School of Arts and Trades in the
municipality of Jolo, Province of Sulu, into a state college to be known as
the Hadji Butu State Polytechnic College. Expanding the curricula of this
institution in order for it to include more globally competitive competencies
will definitely redound to the benefit of our youth in Sulu. In the long run,
this can contribute as well in weaning them away from the guile of lawless
elements and make them more productive citizens of our country.

Hadji Butu School of Arts and Trades was established in 1928 with
Woodworking and Sheet Metal Work as its pioneering courses. Several
courses were later added to its curricula but the Second World War wrought
heavy damage to its facilities. In 1948, the administrator availed of the
magnanimity of the Philippine War Damages Reconstruction and re-built the
School. Today, this educational institution needs tremendous improvement
and innovation to make it at par with other skills training institutions in the
region.

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

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Republic of the Philippines
Bouse of Renresentatives
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 2566

Introduced by HON. TUPAY T. LOONG of the I* District of Sulu

AN ACT
CONVERTING THE HADJI BUTU SCHOOL OF ARTS AND TRADES
IN THE MUNICIPALITY OF JOLO, PROVINCE OF SULU,
INTO A STATE COLLEGE TO BE KNOWN AS
THE HADJI BUTU STATE POLYTECHIC COLLEGE,
VESTING IT AUTHORITY TO PROVIDE TERTIARY AND GRADUATE
EDUCATION, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. This piece of legislation shall be known by its
short title as the “Hadji Butu State Polytechnic College Charter of 2014.”

SECTION 2. Conversion. The Hadji Butu School of Arts and Trades in
the Municipality of Jolo, Province of Sulu, is hereby converted into a state
college to be known as the Hadji Butu State Polytechnic College (HBSPC),
hereinafter referred to as the College.

SECTION 3. General Mandate. The college shall primarily provide
advanced instruction and professional training in science and technology
and other related fields, undertake research and extension services, and
provide progressive leadership in these areas. As part of its extension


services, it is hereby authorized to conduct diploma or certificate courses in
practical and industrial arts/education.

SECTION 4. Curricular Offerings. The college shall offer
undergraduate, graduate and short-term courses within its areas of
specialization and according to its capabilities, as the Board of Regents may
deem necessary to carry out its objectives, particularly in order to meet the
needs of the Province and the Region.

Specifically the College shall undertake academic advancement in the
fields such as but not limited to engineering, radiologic technology,
computer courses, industrial technology, practical and industrial arts and
sciences and other degree courses as the Board of Regents may deem
necessary to carry out its objectives. It shall also offer opportunity in short
term technical or vocational courses within its area of specialization to meet
the needs of the nation, e.g.: carpentry, house electrical wiring, plumbing,
masonry, computer technology, electronic appliances __ technology,
automotive, welding, home management, food technology and also high
speed sewing machines operations and repair.

SECTION 5. Administration. The College shall have the general powers
of a corporation set forth in the Corporation Law. The administration of the
College and the exercise of its corporate powers shall be vested exclusively in
the Board of Regents.

SECTION 6. Board of Regents. The governing body of the College shall
be the Board of Regents, hereinafter referred to as the Board, which shall be
composed of the following:

a) Chairman of the Commission on Higher Education - Chairman

b) President of the College - Vice-Chairman

c) Chairman of the Senate Committee on Education - member

d) Chairman of the Committee on Education of the House of
Representatives - member

e) Representative of the National Economic and Development
Authority (NEDA) - member

f) President of the Faculty Association of the College - member

g) President of the Supreme Student Council - member

h) Secretary of the DOST-ARMM - member

i) Chairman of the Commission on Higher Education in the Region
(CHED-ARMM) - member

ji) Two (2) prominent citizens, preferably alumni of the College, who
have distinguished themselves in their profession or in the fields of
specialization of the College; chosen from a list of at least five (5)
persons qualified in the Province of Sulu, as recommended by the
search committee constituted by the College President, in
consultation with the Chairman of CHED, based on the normal
standards and qualifications for the position - member


The term of office of the President of the Faculty Association and the
President of the Supreme Student Council shall be co-terminus with their
respective term of office, as set forth in their respective Constitution and By-
laws.

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

SECTION 7. Promulgation and Implementation of Policies. The Board
shall promulgate and implement the policies in accordance with the
declared state policies on education and other pertinent provisions of the
Philippine Constitution on education, science and technology, arts, culture
and sports as well as policies, standards and thrusts of the CHED under RA
no. 7722, otherwise known as the “Higher Education Act of 1994.”

SECTION 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 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) To receive and appropriate all sums, as maybe provided, for the
support of the College in the manner it may, in its discretion,
determine to carry out the powers and functions of the College;

¢

To import duty-free essential commodities, materials and
equipment that are not available locally upon certification by the
CHED that such imported books and/or publication are for
economic, technical, vocational, scientific, philosophical, historical
or cultural purposes, in accordance with the provision of the Tariff
and Customs Code, as amended;

d) To receive in trust legacies, gifts and donations of real and personal
properties of all kinds and to administer and dispose 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 all taxes and 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) as
amended: Provided, that such donation shall not be disposed of,
transferred or sold;

e)

To fix the tuition fees and other necessary school charges such as
but not limited to matriculation fees, graduation fees and


8)

h)

laboratory fees, as the Board may deem proper to impose, after due
consultations with the involved sectors, particularly the parents of
students. Such fees and charges, including government subsidies
and other income generated by the College, constitute a special
trust fund and shall be deposited in any authorized government
depository bank. Any and all interest that shall accrue there from
shall form part of the same fund for the use of the College.

Any provision of existing laws to the contrary notwithstanding, the
income generated by the college may, at the discretion of the
Board, be disbursed for the professional growth and development,
health, welfare and other similar benefits of the faculty members
and personnel or for the acquisition, construction, maintenance
and_repair of urgently needed instructional and auxiliary facilities,
equipment, buildings and other infrastructure and for expenses
necessary for the attainment of the purposes under this Act;
Provided, That all fiduciary fees shall be disbursed for the specific
purpose for which they are collected.

for reason 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 school
fees for greater access to poor but deserving students;

To authorize the construction or repair of its buildings,
machineries, equipment and other facilities and the purchase and
acquisition of real and personal properties, including necessary
supplies, materials and equipment. Purchases and other
transactions entered into by the College through the Board shall be
exempt from taxes and duties;

To appoint, upon recommendation of the President of the College,
the vice-presidents, deans, directors, heads of departments, faculty
members and other officials and employees of the College;

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 as it may deem proper; to
grant them, at its discretion, leaves of absence under such
regulations as it may promulgate, any provisions of existing laws to
the contrary notwithstanding; and to remove them for cause in
accordance with the requirements of due process of law;


j) To approve the curricula, institutional 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;

1) To award honorary degrees upon persons in recognition of their
outstanding contribution in the field of education, public service,
arts, science and technology, 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 non-
traditional courses;

m) To put up, within the Province of Sulu, branches, centers, stations,
etc. in coordination with the CHED and in consultation with the
Department of Budget and Management (DBM), and to offer therein
programs or courses, to promote and carry out equal access to
educational opportunities mandated by the Constitution;

n)

To establish, within the province, research and extension centers of
the College where such will promote the development of the latter;

re)

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 and/or other officials of the College as it may deem
appropriate, so as to expedite the administration of the affairs of

the College;

q) To authorize an external management audit of the College, to be
financed by the CHED, to institute reforms, including academic
and structural changes, on the basis of the audit results and
recommendations;

1)

To enter into joint ventures with private 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 College;

s)

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


t) To develop academic arrangements for institution capability
building with appropriate institutions and agencies, public or
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;

u) To set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information technology,
the dual system, open learning, or distance education and
community laboratory, etc., for the promotion of greater access to
higher education;

v)

To establish policy guidelines and procedures for participative
decision-making and transparency within the College;

w) To privatize, where most advantageous to the College, management
of non-academic services such as health, food, building or grounds
or property maintenance and such other similar activities; and

x)

To extend the term of the President of the College, whose
performance has been unanimously rated as outstanding, beyond
the age of retirement but not later than the age of seventy (70) and
based on the guidelines, qualifications and/or standards set by the
Board upon unanimous recommendation by the search committee
for the president of the College.

SECTION 9. Meetings of the Board. The Board shall regularly convene
at least once every quarter. However, the Chairman 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 a majority of all members
holding office at the time of the meeting. Provided, however, that either the
Chairman of the Board or the President of the College is among those
present in the meeting.

In the absence of the Chairman of the CHED, a Commissioner of the
CHED, duly designated by him, shall represent him 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-Chairman shall be
the Presiding Officer. Provided further, that this proviso notwithstanding,
the Chairman of the CHED is hereby authorized to designate a CHED
Commissioner as his regular representative who shall act as the Presiding
Officer.

In case the Chairpersons of the Congressional Committees on Higher
and Technical Education shall not be able to attend the Board Meeting, they


may duly designate their respective representatives to attend the said
meeting. Both representatives 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 attendance in meetings of the Board or in other official business
authorized by resolution of the Board subject to pertinent existing laws and
regulations.

SECTION 10. The College President. The College shall be headed by a
President who shall render full-time service. He 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
shall have a term of four (4) years and shall be eligible for reappointment for
another term. Provided that, in order to effect a smooth transition to a State
Polytechnic College, the present Head of the Hadji Butu School of Arts and
Trades, if qualified, shall serve as the first President of the College.

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

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 Office, the Board shall have the
authority to designate an officer-in-charge of the College 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 successor or the Officer-in-Charge
shall hold office for the unexpired term only; Provided, That if such
unexpired term is more than two (2) years, then such shall be considered as
one full term for the successor.

‘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 state 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 shall be assisted by a Vice-President for Academic
Affairs and a Vice-President for Administration and Finance, who shall be
appointed by the Board upon recommendation of the President.


SECTION 11. The President of the Hadji Butu School of Arts and
‘Trades, whose term may be terminated according to this Act, shall be
entitled to full retirement benefits under existing laws.

SECTION 12. The Administrative Council. There shall be an
Administrative Council consisting of the President of the College, as
Chairman, the Vice-President for Administration and Finance as Vice
Chairman, Deans, Directors and other officials of equal rank, whose duty is
to implement the policies governing the administration, management and
development planning of the College as approved by the Board.

SECTION 13. The Academic Council. There shall be an Academic
Council with the President of the College as Chairman, the Vice President for
Academic Affairs as Vice Chairman and all members of the instructional
staff with the rank of not lower than ‘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
appropriate action of the Board. It shall fix the requirements for admission
to the College as well as for graduation and conferment of degrees subject to
review and/or approval by the Board through the President of the College. It
shall have disciplinary powers over students of the College and shall
formulate academic policies and rules and regulations on discipline, subject
to the approval of the Board.

SECTION 14. The Secretary of the College. The Board shall appoint a
Secretary who shall serve as such for both the Board and College and shall
keep all records and proceedings of the Board. He shall communicate to
each member of the Board the notices of meetings.

SECTION 15. The Treasurer of the College. The Treasurer of the
Philippines shall be ex-officio treasurer of the College.

SECTION 16. Faculty. No 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 belief.

SECTION 17. Scholarship Program/Admission. The College shall
provide a scholarship program and other affirmative action programs, e.g.:
student office assistants’/trainees’ program, to assist poor but qualified
deserving students to qualify for admission to the College. No student shall
be denied admission to the College by reason of sex, religion, cultural or
community affiliation, political affiliation or ethnic origin.


SECTION 18. Academic 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.

SECTION 19. Authority to Lend or _‘Transfer
Apparatus/Equipment/Supplies and Detail of Personnel. The heads of the
bureaus and offices of the national government are hereby authorized to
lend 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 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 service.

SECTION 20. Assets, Liabilities, and Personnel. All assets, fixed and
movable, personnel and records of the Hadji Butu School of Arts and
Trades, as well as its liabilities or obligations, are hereby transferred to the
College; Provided however, 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 are not impaired.

All parcels of land belonging to the government occupied by the Hadji
Butu School of Arts and Trades are hereby declared to be the property of the
Hadji Butu State Polytechnic College, and shall be titled under that name.
Provided, that should the College cease to exist or be abolished or should
such parcels of land aforementioned be no longer needed by the College, the
same shall revert to the Province of Sulu.

SECTION 21. Appropriations. The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s
appropriations of the Hadji Butu School of Arts and Trades, except the sums
needed to continue the operations of the existing high school. Thereafter,
such sums as may be necessary for continued operation and maintenance of
the College shall be included in the annual General Appropriations Act.

SECTION 22. Development Plan, Management Audit, Organizational/
Administrative/ Academic Structure. Within the period of one hundred eighty
(180) days after the approval of this Act, the College shall accomplish the
following:

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

2. Undergo a management audit in cooperation with CHED;


3. Accordingly set up its organizational, administrative as well as
academic structure, including the appointment of key officials of
the College; and

4. Set in motion the establishment of at least four (4) separate degree-
granting units, one of which is in the arts and sciences and
another, at the graduate level.

SECTION 23. Filing of Report. On or before the fifteenth (15") day of
the second month after the opening of regular classes each year, the Board
shall file with the Office of the President of the Philippines, through the
Chairman of the CHED, and with both Houses of Congress a detailed report
on the progress, conditions and needs of the College.

SECTION 24. Suppletory Application. The provisions of Republic Act
No. 8292, otherwise known as the “Higher Education Modernization Act of
1997,” shall be an integral part of this Act and shall serve as part of the
governing charter of the College.

SECTION 25. Parity Clause. All other powers, functions and
privileges, responsibilities and limitations to State Colleges and/or their
officials under existing laws shall be deemed granted to or imposed upon the
College and /or its officials whenever appropriate.

SECTION 26. Implementing Rules and Regulations. The Commission
on Higher Education (CHED) shall formulate the guidelines to fully
implement the provisions of this Act.

SECTION 27. Repealing Clause. All laws, presidential decrees,
executive orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

SECTION 28. Effectivity. This Act shall take effect upon its approval.

Approved,

HON. TUPAY T. }OONG