‘Republic of the Philippines
ause of Representatives
Quezon City, Meteo Manila

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Seventeenth Congress
First Regular Session

HOUSE BILL NO.__421

Introduced by Representative J. Mayo Z. Almario

EXPLANATORY NOTE

‘This bill seeks to convert the Davao Oriental State College of Science and
Technology in the City of Mati and all its satellite campuses located in the
Province of Davao Oriental into a state university to be known as the Davao
Oriental State University, and integrate therewith the Governor Generoso
College of Arts, Science and Technology, located in the Municipality of
Governor Generoso, Davao Oriental.

It has been a core part of the mission of the Davao Oriental State College
of Science and Technology to serve the people of Davao Oriental and
neighboring provinces. Founded on December 13, 1989 by virtue of Republic
Act No. 6807, Davao Oriental State College of Science and Technology began
as the Mati Community College in 1972, a local government-run community
college which offered liberal arts and business-oriented programs.

From a modest beginning, the Davao Oriental State College of Science
and Technology has grown into a promising state college. It takes pride in its
highly qualified and competent faculty, most of whom have specialized and
advanced academic degrees. It has significantly contributed to the upliftment of
the economic status of the people of Davao Oriental particularly Mati City by
providing the youth the opportunity and venue to avail of quality education
through their curriculum offerings in education, agricultural technology,
agribusiness management, business administration, hotel and restaurant
management, criminology, nursing, industrial technology management,
information technology, biology, civil engineering and other relevant fields in
accordance with national and global educational standards.



‘The Davao Oriental State College of Science and Technology has
continued to grow over time. It has been elevated from level 1 to level 3 state
college status after complying with the accreditation standards set by the
Accrediting Agency of Chartered Colleges and Universities in the Philippines,
Inc. To cater to the ever-increasing number of the student population, it has
established three extension campuses in the municipalities of Banaybanay,
Cateel, and San Isidro, all located in the Province of Davao Oriental. It has also
gained recognition for establishing relevant linkages and undertaking vigorous
research and extension programs in nutrition, food production, health and sports
development. It has continually produced thousands of graduates who are now
productive members of society.

The conversion of Davao Oriental State College of Science and
Technology into a state university and integrating therewith the Governor
Generoso College of Arts, Science and Technology is expected to provide a
wide range of socio-economic benefits to the people of Davao Oriental and the
neighboring provinces, to wit:

1) The unequivocal guarantees of free and equal access to quality
education at all levels guaranteed by the Constitution can be vigorously pursued
by a university which can provide the enormous benefits of education to remote
communities and low-income families;

2) The university will be the premier institution of higher learning
which can provide advanced professional and technical instruction for special
purposes, advanced studies in education, agricultural technology, agri-business
management, business administration, industrial technology, arts and sciences,
health sciences, information technology, engineering and other relevant fields of
study;

3) The university will be in a better position to introduce need-based
research, extension services and production activities which complement the
promotion of socio-economic progress in a healthy and conducive learning
environment matching global changing opportunities; and

4) The unive
neighboring provine

can help the people of Davao Oriental and
achieve their goal of becoming globally competitive.

In view of the foregoing, immediate approval of this bill is highly
recommended.

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UZ S.MAVOZ, ALMARIO
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ew nun ene

Republic af the Philippines
House of Representatives
ueson City, Altre Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO.

Introduced by Representative J. Mayo Z. Almario

AN ACT
CONVERTING THE DAVAO ORIENTAL: STATE COLLEGE OF
SCIENCE AND TECHNOLOGY IN THE CITY OF MATI AND ALL ITS
SATELLITE CAMPUSES LOCATED IN THE PROVINCE OF DAVAO
ORIENTAL INTO A STATE UNIVERSITY TO BE KNOWN AS THE
DAVAO ORIENTAL STATE UNIVERSITY, INTEGRATING
THEREWITH THE GOVERNOR GENEROSO COLLEGE OF ARTS,
SCIENCE AND TECHNOLOGY IN THE MUNICIPALITY OF
GOVERNOR GENEROSO, PROVINCE OF DAVAO ORIENTAL AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. - The Davao Oriental State College of
Science and Technology in the City of Mati, including all of its existing satellite

campuses, namely: Banaybanay Campus in the Municipality of Banaybanay,

el Campus in the Municipality of Cateel, and San Isidro Campus in the
Municipality of San Isidro, all located in the Province of Davao Oriental, is
hereby converted into a state university to be known as the Davao Oriental State
University, integrating therewith the Governor Generoso College of Arts,
Science and Technology located in the Municipality of Governor Generoso,
Province of Davao Oriental. The main campus of the Davao Oriental State

University, hereinafter referred to as the University, shall be in Mati City.


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SEC. 2.General Mandate— The University shall primarily provide
advanced education, higher technological, professional instruction and training
in the fields of education, agricultural technology, agri-business management,
business administration, industrial technology, arts and sciences, health
sciences, information technology, engineering and other relevant fields of study.

It shall also undertake research and extension services, and provide progressive

leadership in its areas of specialization.

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 of the Republic of the
Philippines.

SEC. 4. Curricular Offerings.— The University shall offer
undergraduate, graduate and post-graduate programs and short-term courses in
the fields of agriculture and environment studies, pure and applied sciences,
behavioral and social sciences, law, culture and arts, tourism and business-
related programs, nautical and maritime programs, industrial technology and
engineering, education and teacher training, communication and information
technology, health-related programs, developmental management and
leadership programs, agricultural technology, agri-business management,

business administration, health sciences

and other degree 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 Davao Oriental and Region XI.

The University may operate a reasonably-sized laboratory school under
its College of Education.

SE

|. 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


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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. Governing Board. — The governing body 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),
as chairperson;

b) The President of the University, as vice chairperson:

c) The chairperson of the Committee on Education, Arts and Culture
of the Senate;

d) The chairperson of the Committee on Higher and 1 echnical
Education of the House of Representatives;

e) The regional director of the National Economic and Development
Authority in Region XI;

f) “The regional director of the Department of Science and

‘Technology in Region XI:

2) The president of the federation of faculty associations of the
University;

h) ‘The president of the federation of student councils of the
University;

i) The president of the federation of alumni associations of the

University; and

i) Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or in the fields of specialization;as
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 Davao Oriental where the
University and its campuses are located, as recommended by the search
committee constituted by the President of the University, in consultation with

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the Chairperson of the CHED and the other members of the Board, based on the
normal standards and qualifications for the position.

The term of office of the president of the 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.

SEC. 7. Powers and Duties of the Board of Regents. — ‘The Board 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 existing laws:

a) To promulgate and implement policies in accordance with the
declared State policies and the 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 not contrary to law 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, in
order to carry out the purposes and functions of the University;

d)

e) — To receive in trust legacies, gifts and donations of real and personal

‘o import economic, technical and cultural books and publications:

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;


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f) To fix the tuition fees and other necessary school charges including
matriculation fees, graduation fees and laboratory fees, as the Board may deem
proper to impose, after due consultations with the involved sectors. Such fees
and charges, including government subsidies and other income generated by the
University, shall constitute special trust funds and shall be deposited in any
authorized government depository bank, and all interests that shall accrue there
from shall form part of the same funds for the use of the University.

Any provision of existing laws, rules and regulati

ns 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 or 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 school

fees for greater access to poor but deserving students;

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 recommendation of the President of the

University, vice presidents, deans, directors, heads of campu: faculty
members and other officials and employees of the University;

i To fix and adjust salaries of faculty members and administrative
officials and employees, subject to the provisions of the Revised Compensation

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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 Council and Academic Council herein
provided;

1) To set 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 in 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 Davao Oriental as branches and centers 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 as mandated by the Constitution;

0) — To establish research and extension centers of the University where
such will promote the development of the University;

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 for hereinabove
to the President or other officials of the University as it may deem appropriate,

so as to expedite the administration of the affairs of the University;


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

s) To collaborate with other governing boards of the state colleges
and universities within the Province of Davao Oriental or Region X1, under the
supervision of the CHED and in consultation with the DBM, and work towards
the restructuring of the University to become more efficient, relevant,
productive and competitive;

3) 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, local and foreign, in the furtherance of the purposes and objectives of
the University;

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

w) To set up the adoption of modem and innovative modes of
transmitting knowledge such as the use of information technology, the dual
learning system, open or distance education 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;


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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, whose
performance has been unanimously rated as outstanding and upon unanimous
recommendation by the search committee, beyond the age of retirement but not
beyond the age of seventy (70).

SEC. 8. Meetings of the Board. — The Board shall regularly convene
once every three (3) months. Whenever necessary, the chairperson of the Board
may call, upon three (3) days’ prior written notice to the members, a maximum
of two (2) special meetings within the same period.

A quorum of the Board shall consist of majority of all its members
holding office at the time of the meeting: Provided, however, Thatthe
chairperson of the Board or the President of the University is among those
present in the meeting.

In the absence of the Chairperson of the CHED, a duly designated CHED
commissioner shall represent the Chairperson of the CHED in the meeting. with
all the rights and responsibilities of a regular member: Provided, That during
this meeting, the President of the University as vice chairperson shall be the
presiding officer: Provided, further, That this provision 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 the chairpersons of the Senate Committee on Education, Arts and
Culture and House Committee on Higher and Technical Education shall not be
able to attend the Board meeting, they may duly designate their respective
representatives to attend the meeting, who shall have the same rights and

responsibilities as a regular member of the Board.


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

regulatior

. 9, President of the University. — The University shall be headed by
a President, who shall render full-time service and who shall be appointed by
the Board, subject to the guidelines, qualifications and standards set by the
Board, upon recommendation of a duly constituted search committee. The
President of the University 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 university, the incumbent President of the Davao
Oriental State College of Science and Technology 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.

In case of vacancy in the Office of the University 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 of the University within six (6) months from the date of
vacancy, pending the appointment of a new President. The successor or the
officer-in-charge shall serve only 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.

all be those usually pertaining to the

Office of the President of similar universiti

, 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 and shall be


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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 and a Vice President for Administration, who shall be
appointed by the Board upon recommendation of the President of the
University.

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

SEC. 11. 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, vice
presidents, deans, directors and other officials of equal rank as members, whose

duty is to review and recommend to the Board the policies governing the

administration, management and development planning of the Unive
SEC. 13. 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 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 rules and regulations on discipline, subject to

the approval of the Board.

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SEC. 14. Faculty. — No political beliefs, gender preference, cultural or
community affiliation or ethnic origin, and religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty members of the University:
Provided, That the 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. 15. Scholarship Program and Admission. — The University shall
prowide a scholarship program amd other affirmative action programs to d
poor hat deserving studkeamts wino qualify for admission to the University.

No student shall be denied admission to the University by reason of sex,

religion, cultural or community affiliation or ethnic origin.

SEC. 16. 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 the 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 Davao Oriental State College of Science
and Technology, including those of the extension campuses in the
municipalities of Banaybanay, Cateel and San Isidro, and of Governor Generoso
College of Arts, Science and Technology, as well as liabilities or obligations,

are hereby transferred to the University. The positions, rights and security of

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tenure of faculty members and personnel therein employed under existing laws
prior to the conversion into a University shall be respected.

All parcels of land belonging to the goverment occupied by the Davao
Oriental State College of Science and Technology and its campuses in the
municipalities of Banaybanay, Cateel and San Isidro, and by the Governor

Generoso College of Arts, Science and Technology in the Municipality of

Governor Generoso 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 LGUs concemed.

SEC. 18. Tax Exemption on Importation and Donations. — The
importation of economic, technical and cultural books or publications, which is
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 the Tariff
and Customs Code of the Philippines, as amended.

Donations in any form to the University shall be exempt from the donor’s
tax and the same shall be considered as allowable deduction 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 of 1997, as amended.

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 Davao Oriental State College of Science and Technology. The
Municipality of Governor Generoso shall continue to provide financial
assistance to the Governor Generoso College of Arts, Science and Technology
until such time that its full funding requirement as integrated to the University is
included in the annual General Appropriations Act. 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.


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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-year development plan, including its corresponding
program budget to the CHED, for corresponding recommendation to the DBM:

b) — Undergo a management audit in cooperation with the CHED; and

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

SEC. 21. Filing of Report. — On or before the fifteenth 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. 22. Suppletory Application. — The provisions of Republic Act No.
8292, otherwise known as the “Higher Education Modernization Act of 1997”
shall be an integral part of this Act and shall serve as part of the 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
(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 institution
has substantially complied with the requirements for the grant of university

status,

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

a) — Faculty members who possess relevant degrees in their areas of

ation as required by the CHED, and who must 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 (e.g.
libraries, practicum laboratories, relevant educational resources and linkages
with the 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 linkage and affiliation with other research
institutions in various parts of the world that would 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 broadly defined.

The institution shall retain its status prior to the effectivity of this Act,
unless in the meantime it is able to comply with the requirements provided
herein, within a period not later than January 1, 2020.

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 and its

officials, whenever appropriate.

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SEC. 25. Implementing Rules and Regulations, ~ Within sixty(60) days
from the effectivity of this Act, the Board shall, in consultation with the CHED,
formulate the guidelines to fully implement the provisions of this Act.

SEC. 26. Separability Clause. — If any part or provision of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not
affected 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.

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

Approved,