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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO, _2652_

INTRODUCED BY REP. JB BERNOS.

EXPLANATORY NOTE

What is known today as the Abra State Institute of Sciences and Technology (ASIST) in
the Province of Abra came from an earlier incarnation of the school called Lagangilang
Agriculture College through Batas Pambansa Blg. 392 enacted on 18 May 1983. The said law
established ASIST with a purpose, as mentioned in Section 2 of the said law, to provide
“technological, professional, technical, and vocational education and shall inspire leadership in
the field of agriculture, forestry, home technology, agricultural education, and industry, through
scientific research and extension”.

Currently, ASIST, which caters to an average of 4,000 students every Academic Year, has
a main campus in the Municipality of Lagangilang and another campus in the Municipality of
Bangued, the Province’s capital town. It offers undergraduate programs in teacher education,
agricultural technology, agribusiness, engineering, industrial technology, and forestry, as well as
graduate programs in education, non-degree programs, and basic education program. Among
the degree programs ASIST offers, Secondary Education, Elementary Education, and Agriculture
have the highest numbers of enrollees and received Level II accreditation in the entire SUC.

‘These programs are also well in their way to attain Level III status.

is strongly committed to research and extension services. It conducted the First

Abrenian Inter-Agency RDE Conference last August 2016, participated by other higher education


institutions (HEIs) and national government agencies that showcased research papers on
agriculture, home technology, and cultural studies. Apart from their strong commitment to
research and development of the local industries, ASIST is also heavily involved in strengthening
the capacities of its libraries, pushing for the modernization of its facilities with emphasis on
integration of information technology. ASIST is also engaged in community extension services,
conducting trainings in barangays and serving more than 2,000 beneficiaries in the past year.
With all of the achievements of this state college: it will not be a surprise if it will be a candidate

for the ISO certification, which they are currently working on to obtain.

By transforming ASIST into a University, it will be given sufficient resources and ample
opportunities to strengthen its degree programs to meet the demands of the communit ies, the
Province, and of the entire Cordillera Administrative Region, especially on teacher education,
agriculture, industrial technology, and information technology. Through this conversion, the
ASIST will be able to facilitate modernization of its facilities pursuant to its mission to primarily
provide technological, professional, and technical education, and shall inspire leadership in the
field of agricultural education and industry through scientific research and extension. In view of

the foregoing, the immediate passage of this Bill is earnestly sought.



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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2652

INTRODUCED BY REP. JB BERNOS

AN ACT
CONVERTING THE ABRA STATE INSTITUTE OF SCIENCES AND
‘CHNOLOGY IN THE MUNICIPALITIES OF LAGANGILANG AND
BANGUED, PROVINCE OF ABRA INTO A STATE UNIVERSITY TOBE
KNOWN AS THE UNIVERSITY OF ABRA, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Conversion. - The Abra State Institute of Sciences and
Technology (ASIST) in the Province of Abra, which is composed of the ASIST-
Lagangilang Campus in the Municipality of Lagangilang, and the ASIST-Bangued
in the Municipality of Bangued, all located in the Province of Abra, is hereby
converted into a state university to be known as the University of Abra. Its main
campus shall be in the Municipality of Lagangilang.

SEC. 2. General Mandate. ~ The University of Abra, hereinafter referred
to as the University, shall primarily provide advance education, higher
technological and professional instruction and training in the fields of education,
agricultural technology, agribusiness management, industrial technology, arts and
ences, forestry, health sciences, information technology, and other relevant
fields of study. It shall also undertake research and extension services, and provide
progressive leadership in its areas of specialization in the Province of Abra and in
Cordillera Administrative Region (CAR).

SEC. 3. 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.

SEC. 4. Curricular Offerings. — The University shall offer
undergraduate, graduate and post-graduate programs and short-term courses in
the fields of education, agricultural technology, agribusiness management,
engineering, industrial technology, forestry, arts and sciences, information
technology, and other degree courses within its areas of specialization and


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according to its capabilities, as the Board of Regents may deem necessary to carry
out its objectives, particularly in meeting the needs of the Province of Abra and the
Cordillera Administrative Region (CAR).

‘The existing reasonably-sized laboratory high school and elementary school
shall continue to operate under the control of the College of Teacher Education of
the University to serve in-campus requirements of the students of the College of
‘Teacher Education.

SEC. 5. 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 Regents and the President of the University.

SEC. 6. The Governing Board. ~ The governing board of the University
shall be the Board of Regents, 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 University, respectively, and with the
following as members:

a. Chairperson of the Committee on Education, Arts and Culture of the
Philippine Senate;

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

¢. Regional Director of the National Economic and Development Authority
(NEDA);

d. Regional Director of the Department of Science and Technology

(Dost);

Regional Director of the Department of Agriculture (DA);

President of the federation of the faculty associations of the University;

President of the federation of student councils of the University;

President of the federation of alumni associations of the University; and

Two (2) prominent citizens from the private sector who have

distinguished themselves in their profession or fields of specialization.

sR me

‘The Board shall appoint the two (2) prominent citizens from among a list of
at least five (5) qualified persons in the Province of Abra where the University and
its campuses are located, as recommended by a search committee constituted by
the President of the University, in consultation with the Chairperson of the CHED
and the other members of the Board, based on the standards and qualifications for
the position.

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 bylaws.

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


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SEC. 7. Powers and Duties of the Board of Regents. — In addition to
its general powers of administration and the powers granted to the Board of
Directors of a corporation under existing laws, the Board shall have the following
specific powers and duties:

a. Promulgate and implement policies in accordance with the declared state
Policies on education and other pertinent provisions of the Constitution on
education, agriculture, science and technology, as well as the policies, standards
and thrusts of the CHED under Republic Act No. 7722, otherwise known as the
“Higher Education Act of 1994";

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

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

ies 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;

e. Fix the tuition fees and other necessary school charges, such as
matriculation fees, graduation fees and laboratory fees, as the Board may deem
proper to impose, after due consultation with the involved sectors. The fees and
charges, including government subsidies and other income generated by the
University, shall constitute its 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 law, rule or regulation to the contrary notwithstanding, any
income generated by the University from tuition fees and other charges, as well as
from the operation of auxiliary services, and land grants, shall be retained by the
University, and may be disbursed by the Board for instruction, research, extension
or other programs/projects of the University: Provided, That all fiduciary fees shall
be disbursed for the specific purposes for which these are collected; Provided
however, That 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. Adopt and implement a socialized scheme of tuition and other school fees
for greater access of poor but deserving students in accordance with RA No. 10931
or “The Universal Access to Quality Tertiary Education Act”;

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


4

h. Receive and appropriate all sums as may be provided for the support of
the University in the mamner it may determine, in its discretion, to carry out the
purposes and functions of the University;

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

- Award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of education, public service, arts, science and technology,
agriculture or any field of specialization within the academic competence of the
University, and authorize the awarding of certificates of completion of nondegree
and nontraditional courses;

k. Establish research and extension centers to promote the development of
the University;

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

m. Adopt modern and innovative modes of transmitting knowledge for the
promotion of greater access to education such as the use of information
technology, dual training system, open distance learning, and community
laboratory;

n. Collaborate with the governing boards of the state universities and
colleges (SUCs) within the Province of Abra or the Cordillera Administrative
Region, under the supervision of the CHED and in consultation with the
Department of Budget and Management (DBM), in restructuring the University to
make it more efficient, relevant, productive and competitive;

o. Absorb non-chartered tertiary institutions within the Province of Abra as
branches and extension centers in coordination with the CHED and in consultation
with the DBM, and offer therein programs or courses to carry out the
Constitutional mandate of providing equal access to educational opportunities;

p. 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 institute reforms, including academic and structural changes, on the
basis of the audit results and recommendations;

q. Develop consortia and other economic forms of linkages with local
government units (LGUs), as well as public, private, local and foreign institutions
and agencies, in the furtherance of the purposes and objectives of the University;

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

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


t. Receive, in trust, 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 University and subject to the limitations, directions and
instructions of the donor, if any;

u. 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;

v. Extend the term of the President of the University beyond the age of
ment, but not beyond the age of seventy (70), based on the guidelines,
tions and standards set by the Board: Provided, That the President's
performance has been rated by the Board as outstanding and unanimous
recommendation has been made by the search committee;

w. Delegate any of its powers and duties provided to the President and other
fficials of the University, as it may deem appropriate, so as to expedite the
administration of the affairs of the University;

x. Establish policy guidelines and procedures for participative decision-
making and transparency within the University;

. Where most advantageous to the University, privatize the management of.
non-academic services such as health, food, building or grounds or property
maintenance, and such other similar activities; and

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

SEC, 8. Meetings of the Board. ~ The Board shall regularly convene
once every three (3) months. The Chairperson of the Board may 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 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 case the CHED Chairperson cannot attend a meeting of the Board, a
CHED Commissioner duly designated by the CHED Chairperson as representative
to the meeting, shall have all the rights and responsibilities of a regular member:
Provided, however, That in the said meeting, the President of the University, as
vice chairperson, shall be the presiding officer: Provided, further, That this
proviso, notwithstanding, the Chairperson of the CHED is hereby authorized to
designate a CHED Commissioner as the regular Chairperson of the Board, in which
case, the said CHED Commissioner, as the regular Chairperson of the Board, shall
act as the presiding officer.

In case the Chairpersons of the Senate Committee on Education, Arts and
Culture and the House Committee on Higher and Technical Education will not be
able to attend the Board meeting, they may duly designate their respective


6

representatives
responsibil

to attend the meeting, who shall have the same rights and
es as the regular members of the Board.

‘The members of the Board shall not receive any salary, but shall be entitled
to reimbursements for actual and necessary expenses incurred, either for their
attendance in the meetings of the Board or in connection with other official
business authorized by resolutions of the Board, subject to existing laws and
regulations.

SEC. 9. The University President. — The University shall be headed by
a President, who shall render full-time service and be appointed by the Board,
ubject to the guidelines, qualifications and standards set by the Board, upon the
recommendation of a duly constituted search committee. The University President
shall have a term of four (4) years and shall be eligible for reappointment for
another term: Provided, That in order to effect the smooth transition to a state

university, the incumbent president of the ASIST, if qualified, shall serve as the
first president of the University.

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

The Board shall designate an officer-in-charge (OIC) of the University in
case of vacancy in the Office of the President by reason of death, compulsory
retirement, resignation, removal for cause, or incapacity of the President to
perform the functions of the office, pending the appointment of a new President:
Provided, That the OIC shall serve only for 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 RA
No. 6758 or the Compensation and Position Classification Act of 1989, as modified
by Joint Resolution No. 4 dated June 17, 2009, and by such other laws amendatory
thereto, which may hereinafter be enacted, and shall be comparable to that being
received by the presidents of similar educational institutions.

The President of the University shall be assisted by a Vice President for
Academic Affairs, a Vice-President for Administration, and a Vice-President for
Research, Extension and Training, who shall be appointed by the Board upon the
recommendation of the President of the University.

SEC. 10. The Secretary of the University. — The Board shall appoint a
Secretary, who shall serve as such for both the Board and the University and who
shall keep all records and proceedings of the Board. The Secretary of the University
shall serve upon each member of the Board the appropriate notices of board
meetings.

SEC. 11. The Treasurer of the University. — The Treasurer of the
Philippines shall be the ex officio Treasurer of the University.


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _

INTRODUCED BY REP. JB BERNOS

EXPLANATORY NOTE
What is known today as the Abra State Institute of Sciences and Technology (ASIST) in
the Province of Abra came from an earlier incarnation of the school called Lagangilang
Agriculture College through Batas Pambansa Blg. 392 enacted on 18 May 1983. The said law
established ASIST with a purpose, as mentioned in Section 2 of the said law, to provide
“technological, professional, technical, and vocational education and shall inspire leadership in

the field of agriculture, forestry, home technology, agricultural education, and industry, through

scientific research and extension”.

Currently, ASIST, which caters to an average of 4,000 students every Academic Year, has
a main campus in the Municipality of Lagangilang and another campus in the Municipality of
Bangued, the Province’s capital town. It offers undergraduate programs in teacher education,
agricultural technology, agribusiness, engineering, industrial technology, and forestry, as well as.
graduate programs in education, non-degree programs, and basic education program. Among
the degree programs ASIST offers, Secondary Education, Elementary Education, and Agriculture
have the highest numbers of enrollees and received Level II accreditation in the entire SUC.

‘These programs are also well in their way to attain Level IIT status.

ASIST is strongly committed to research and extension services. It conducted the First

Abrenian Inter-Agency RDE Conference last August 2016, participated by other higher education


7

SE 12. The Administrative Council. — There shall be an
Administrative Council consisting of the President of the University as *
Chairperson, and the vice presidents, deans, directors and other officials of equal
rank as members, whose duties are to review and recommend to the Board the
policies governing the administration, management and development planning of
the University.

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

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

SEC. 14. Heads of University Campuses. - The Campus Directors
shall serve as heads or administrators of the University campuses and shall render
full-time service.

‘They shall be appointed/designated by the Board upon recommendation of
the Search Committee and the President, subject to the guidelines, qualifications
and standards set by the Board: Provided, That the incumbent Campus Directors
of the existing campuses shall serve as the Campus Directors of their respective
campuses upon the effectivity of this Act.

SEC. 15. The Faculty. — No political belief, 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 University:
Provided, That said appointment shall be subject to the guidelines, qualifications
and 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. Scholarship Program and Admission. — The University
shall provide a scholarship program and other affirmative action programs to assist
poor but deserving students who qualify for admission to the University.

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

SEC. 17. Authority to Loan or Transfer Apparatus, Equipment,
Supplies and Detail of Personnel. — The heads of the bureaus and offices of
the national government are hereby authorized to loan or transfer, upon the
request of the President of the University, such apparatus, equipment or supplies
as may be needed by the University, and to detail employees for duty therein when,
in the judgment of the head of bureau or office, such apparatus, equipment,

supplies or services of such employees can be spared without serious detriment to
public service.


8

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

SEC. 18. Assets, Liabilities and Personnel. ~ All assets, real and
personal, personnel and records of the ASIST, as well as its liabilities or
obligations, are hereby transferred to the University: 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 University shall be respected:
Provided, further, That the incumbents of the positions shall remain in the same
status until otherwise provided for by the Boards: Provided, finally, That the

versity shall also include an upgrade or increase in its human resource
component.

All parcels of land belonging to the government occupied by the ASIST and
all its campuses, are hereby declared to be the property of the University, and shall
be titled under its name: Provided, That should the University cease to exist or be
abolished or should stich aforementioned parcels of land be no longer needed by
the University, the same shall revert to the LGUs concerned or to the Republic of
the Philippines, as the case may be.

SEC. 19. Tax Exemption on Importation and Donations. - The
importation of economic, technical and cultural books or publications, which are
for economic, technical, vocational, scientific, philosophical, historical or cultural
purposes made by the University, upon certification by the CHED, shall be exempt
from customs duties in accordance with the provisions of RA No. 10863 otherwise
known as the “Customs Modernization and Tariff Act (CMTA)”.

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. 20. Development Plan, Management Audit, and Academic
Structure. — Within the period of one hundred twenty (120) days after the
approval of this Act, the University shall accomplish the following:

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

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

Ic Set up its organizational, administrative, as well as academic
structure, including the appointment of key officials of the University.

SEC. 21. Compliance with CHED Requirements. - The provisions of
this Act notwithstanding, the conversion of the institution into a state university
shall become effective only upon the determination and declaration by the CHED,
based on the recommendation of a panel of experts it shall constitute for the
purpose, that the institution has complied with the requirements for a university
status based on CHED Memorandum Order No. 46, series of 2012 (Policy
Standards to Enhance Quality Assurance in Philippine Higher Education through


9

the Outcomes-Based and Typology-Based Quality Assurance): Provided, That the
panel may issue such recommendation when the institution has substantially
complied with the requirements for the grant of university status.

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

a. Faculty members with relevant degrees in their areas of specialization, as
required by the CHED, and have participated in research and development
activities in their respective disciplines, as evidenced by refereed publications and
other scholarly outputs;

b. A comprehensive range of degree programs in all levels, from basic post-
secondary to doctoral programs;

c. Viable research programs in specific (disciplinal and multidisciplinary)
areas of study that produce new knowledge, as evidenced by refereed publications,
citations, inventions, and patents, among others;

d. Comprehensive learning resources and support structures, to include
libraries, practicum laboratories, relevant educational resources, and linkages with
relevant disciplinal and professional sectors, to allow students to explore basic,
advance, and even cutting-edge knowledge in a wide range of disciplines or
professions;

e. Active and ongoing linkages and affiliation with other research institutions
in various parts of the world to ensure that the research activities of the University
are functioning at current global standards; and

f. Outreach activities that allow the students, faculty, and research staff to

apply the new knowledge they generate to address specific social development
problems.

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

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

SEC. 22. Appropriations. ~ The amount necessary to carry out the
provisions of this Act shall be charged against the current year's appropriations for
the Abra State Institute of Sciences and Technology. Thereafter, such sums as may
be necessary for the continued operation and maintenance of the University shall
be included in the annual General Appropriations Act.

SEC. 23. Suppletory Application. — The provisions of RA No. 8292,
otherwise known as the “Higher Education Modernization Act of 1997”, shall be an
integral part of this Act and shall serve as part of the Governing Charter of the
University.


10

SEC. 24. Filing of Report. — On or before the fifteenth (15th) day of the
second 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 University.

SEC. 25. Parity Clause. — All other powers, functions and privileges,
responsibilities and limitations to state universities and their officials under
existing laws shall be deemed granted to or imposed upon the University and its
officials whenever appropriate.

SEC. 26. Implementing Rules and Regulations. — Within sixty (60)
days from the effectivity of this Act, the Board, in consultation with the CHED,

shall formulate the rules and regulations to fully implement the provisions of this
Act.

SEC. 27. 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, 28. Repealing Clause. — All laws, presidential decrees, executive

orders, and rules and regulations contrary to or inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SEC. 29. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,