SEVENTEENTH CONGRESS OF THE].
REPUBLIC OF THE PHILIPPINES ]
Third Regular Session ]

SENATE

s. B. No. 1940 RECE

Introduced by SENATOR SHERWIN T. GATCHALIAN

AN ACT
CONVERTING THE MARINDUQUE STATE COLLEGE IN THE
MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE INTO A STATE
UNIVERSITY TO BE KNOWN AS THE MARINDUQUE STATE
UNIVERSITY, AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This bill seeks the conversion of the Marinduque State College (MSC)
including its Satellite Campuses in the Province of Marinduque into a State
University to be known as the Marinduque State University (MSU)

As a state institution of learning, Marinduque State College’s
beginning and development could be traced to a number of legislation that
catapulted MSC to its present status as a premier college in the province
and in the region - as manifested by its impressive performance in
instruction, research and extension and production.

MSC was founded on June 21, 1952, when House Bill No. 2743
authored by then Congressman Panfilo Manguera of Marinduque, was
signed into law as Republic Act No. 805 by President Elpidio Quirino.

Since its establishment, MSC continues to develop as an institution of
higher learning. It revolutionized its methodologies and strategies to live up
to its mission of providing quality, responsive and dynamic leadership in the
areas of Education, Technology, Engineering, Fisheries, Culture, Arts and
Sciences to empower God-fearing individuals who are innovators and
protectors for the sustainable development of the province and the country
as a whole vis-a-vis its vision of achieving the status of being a premier



college in the Region along the fields of Instruction, Research, Extension
and Production.

At present, Marinduque State College, in its 25th Anniversary as a
State College, is progressing rapidly towards the attainment of its
Universityhood. Courses in Engineering, Allied Medicine, Entrepreneurship,
Communication and Tourism, and Information Technology are offered in
addition to the Industrial Technology and Teacher Education. As an
evidence of the high quality of education, its graduates attained the 7th
Place in Civil Engineering Board Examination, 8th Place in Agriculturist
Licensure Examination and 8th Place in Electrical Engineering Board
Examination this School Year while other courses obtained higher passing

percentages than the national passing rate.

Given all the foregoing, it is already high time for its conversion into a
State University. The conversion of the MSC into a State University will
bring the government closer to the impoverished but deserving students,
who cannot afford private higher education in the Province of Marinduque

and neighboring provinces.

Consistent with the constitutional mandate which provides that the
State must establish and maintain a complete, adequate and integrated
system of education relevant to the goals of national development, this

measure becomes imperative.

In view of the foregoing, approval of this arnestly sought.



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SEVENTEENTH CONGRESS OF THE].
REPUBLIC OF THE PHILIPPINES ]
Third Regular Session ]

SENATE

11
s.B. No, 1940 NV

Introduced by SENATOR SHERWIN T. GATCHALIAN

AN ACT
CONVERTING THE MARINDUQUE STATE COLLEGE IN THE
MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE INTO A STATE
UNIVERSITY TO BE KNOWN AS THE MARINDUQUE STATE
UNIVERSITY, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

SEC. 1. Conversion. - The Marinduque State College in the
Municipality of Boac, Province of Marinduque is hereby converted into a
state university to be known as the Marinduque State University (MarSu),
hereinafter referred to as the University integrating therewith the satellite
campuses of Sta. Cruz, Gasan and Torrijos. The main campus of the

University shall be in the Municipality of Boac.

SEC. 2. General Mandate. - The Marinduque State College,
hereinafter referred to as the University, shall primarily provide advanced
education, higher technological and professional instruction and training in
education, science and technology, engineering, environment, agriculture,
forestry and fisheries, arts and sciences, business administration and
management, health sciences and other related fields of study. It shall also
undertake research and extension services, and provide progressive

leadership in its areas of specialization.

SEC. 3. Curricular Offerings. - The University shall offer



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undergraduate and graduate courses in the fields of education, science and
technology, engineering, environment, agriculture, fisheries, arts and
sciences, business administration and management, health sciences and
other 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 meeting the needs of the Province of Marinduque

and Region IV-B.

The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education (DepEd); Provided, That the
high school shall be allowed to remain and operate within the campus of the
College until the existing students shall have completed their high school
education: Provided, further, That the College may operate reasonably-sized
laboratory school under its College of Education: Provided, furthermore,
That the existing graduate school shall become an integral part of the
College of Education.

SEC. 4. 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. 5. The Governing Board. - The governing board of the University
shall be the Board of Regents, 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 University, 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

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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 Science and Technology
(DOST), member;

g. the Regional Director of the Department of Agriculture (DA),

member;

h. the President of the Federation of Faculty Association of the

University, member;

ih the President of the Federation of Student Councils of the

University, member;

j. the President of the Federation of Alumni Association of the

University, member; and

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

the University, 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 Marinduque, as
recommended by the search committee to be constituted by the University
President, in consultation with the CHED Chairperson and the 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 term of the President of the Federation of Faculty Associations,
the President of the Federation of Alumni Associations, and the President of
the Federation of Student Councils, as members of the Board, shall be co-
terminous with their terms of office as set forth in their respective

Constitution and bylaws.



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SEC. 6. Powers and Duties of the Board. - The Board, in addition to
its general powers of administration and the exercise of all the powers
granted to the Board of Directors of a corporation under existing laws, shall

have the following specific powers and duties:

a. to 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”;

b. to promulgate rules and regulations as may be necessary to carry

out the purposes and functions of the University;

c. to receive and appropriate all sums as may be provided for the
support of the University in the manner it may determine, in its discretion,

to carry out the purposes and functions of the University;
d. to import economic, technical and cultural books and publications;

e. to receive in trust legacies, gifts and donations of real and personal
properties of all kinds and to administer and dispose of the same when
necessary for the benefit of the University and subject to the limitations,

directions and instructions of the donor, if any;

f. to 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.
Such fees and charges, including government subsidies and other income
generated by the University, shall constitute a special trust fund, 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

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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. 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;

g. to adopt and implement a socialized scheme of tuition and other
school fees for greater access of poor but deserving students in accordance
with the provisions of Republic Act No. 10931, otherwise known as the
“Universal Access to Quality Tertiary Education Act”;

h. to authorize the construction or repair of its buildings, machinery,
equipment and other facilities, and the purchase and acquisition of real

property, including necessary supplies, materials and equipment;

i, to 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;

j. to fix and adjust 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; 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;

k. to approve the curricula, instructional programs, and rules of
discipline drawn by the Administrative and the Academic Councils herein

provided;



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1. to set the policies on admission and graduation of students;

m. to 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 to authorize the awarding of

certificates of completion of non-degree and non-traditional courses;

n. to establish and absorb non-chartered tertiary institutions within
the Province of Marinduque as branches and extension center in
coordination with the CHED and in consultation with the Department of
Budget and Management (DBM), and to offer therein programs or courses to
carry out the Constitutional mandate of providing equal access to

educational opportunities;

o. to establish research and extension centers to promote the

development of the Universi

p. to establish professorial chairs in the University and to provide
fellowships for qualified faculty members, and scholarships to deserving

students;

q, to delegate any of its powers and duties provided to the President
and other officials of the University, as it may deem appropriate, so as to
expedite the administration of the affairs of the University;

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

recommendations;

s. to collaborate with the governing boards of the state universities
and colleges (SUCs) within the Province of Marinduque, under the
supervision of the CHED and in consultation with the DBM, and work
towards restructuring of the University to become more efficient, relevant,

productive and competitive;



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t. to 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;

u. to develop consortia and other economic forms of linkages with
local government units (LGUs), institutions and agencies, both public and
private and local and foreign, in the furtherance of the purpose and

objectives of the University;

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

w. to set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information technology, the dual
training system, open distance learning, and community laboratory for the

promotion of greater access to education;

x. to establish policy guidelines and procedures for participative

decision-making and transparency within the University;

y. to privatize, where most advantageous to the University, the
management of non-academic services such as health, food, building or

grounds or property maintenance, and such other similar activities; and

z. to extend the term of the President of the University beyond the age
of retirement, but not beyond the age of seventy (70) based on the
guidelines, qualifications and standards act of the Board: Provided, That the
President's performance has been rated by the Board as outstanding, and

after unanimous recommendation by the search committee.

SEC. 7. Meetings of the Board. - The Board shall regularly convene
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

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whenever necessary within the year.

A quorum of the Board shall consist of majority of all its members
holding office at the time of the meeting: Provided, however, That the
Chairperson of the Board or the President of the University is among those

present in the meeting.

In the absence of the CHED Chairperson, a Commissioner of the
CHED, duly designated by the CHED Chairperson, as representative in the
meeting, shall have all the rights and responsibilities of a regular member:
Provided, however, That during this meeting, the President of the University,
as Vice Chairperson, shall be the Presiding Officer: Provided, further, That
this 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 said CHED Commissioner, shall act as the
Presiding Officer.

In case of the Chairpersons of the Congressional Committees 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
designate their respective representatives to attend the meeting, who will

have the same rights and responsibilities as 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 resolution of the Board, subject to

existing laws and regulations.

SEC. 8. The University President. - The University shall be headed by
a President, who shall render full-time service and who shall be appointed
by the Board, upon recommendations of a duly constituted search
committee. The President shall serve a term of four (4) years and shall be
eligible for reappointment for another term: Provided, That in order to effect
the smooth transition of the Marinduque State College to a state university,
the incumbent President of the Marinduque State College, if qualified, shall

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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 the unexpired
portion of the term.

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

The salary of the President of the University shall be in accordance
with the Revised Compensation and Position Classification System, 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 Finance and Administration, and a
Vice-President for Research, Extension and Training, who shall be
appointed by the Board upon recommendation of the President.

SEC. 9. 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

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Campus Directors of their respective campuses upon the effectivity of this
Act.

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

meetings.

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

SEC. 12. 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 duty is to review and recommend to the Board, 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 its
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 the review and approval of the Board through the President of the

University.

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

SEC. 14. The Faculty. - No political belief, gender preference, cultural
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or community affiliation, ethnic origin, and religious opinion or affiliation
shall be a matter of inquiry in the appointment of faculty members of the
University: Provided, That the appointment shall be subject to the
guidelines, qualifications and 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 Program/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 sex, religion, political, cultural or community affiliation, and ethnic origin.

SEC. 16. Authority to. Loan.—sor_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. 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. 17. Assets, Liabilities and Personnel. - All assets, real and
personal, personnel and records of the Marinduque State College, as well as
liabilities or obligations, are hereby transferred to the University: Provided,
That the positions, rights and security of tenure of the faculty members and
personnel therein employed under existing laws prior to the conversation
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 Board: Provided, finally, That the University shall also include an

upgrade or increase in its human resource component.

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All parcels of land belonging to the government occupied by the
Marinduque State College are hereby declared to be property of the
University, and shall be titled under that name: Provided, That should the
University cease to exist or be abolished or should such parcels of land
aforementioned be no longer needed by the University, the same shall revert
to the concerned LGU or to the Republic of the Philippines, as the case may
be.

SEC. 18. Tax Exemption. - The importation of economic, technical
and cultural books and 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.”

SEC. 19. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Marinduque State College. 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. 20. Development Plan, Management Audit, Organization
/Administrative/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 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, and academic

structure, including the appointment of the key officials of the University.

SEC. 21. Annual Report. - On or before the fifteenth (15th) day of the
second month after opening of the regular classes each year, the Board shall

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file with the Office of the President of the Philippines and both Houses of
Congress, through the CHED Chairperson, a detailed report on the

progress, conditions and needs of the University.

SEC. 22. Supplementary 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.

SEC. 23. 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

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. 24. 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 or

its officials, whenever appropriate.

SEC. 25. 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. 26. Separability Clause. - If, for any reason, any part or
provision of this Act is declared invalid or unconstitutional, the remaining

parts or provisions not affected thereby shall remain in full force and effect.

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

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1 SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after
2 its publication in the Official Gazette or in a newspaper of general

3 circulation.

Approved,