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Republic of the Philippines 
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House of Representatives 
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Quezon City, Metro Manila 
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Eighteenth Congress  
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Third Regular Session 
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HOUSE BILL NO. ______ 
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________________________________________________________________ 
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Introduced by Representative Rudy S. Caoagdan, DPA 
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________________________________________________________________ 
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EXPLANATORY NOTE 
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This bill seeks to convert the Makilala Institute of Science and Technology 
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(MIST), in the Municipality of Makilala, Province of Cotabato into a 
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polytechnic college to be known as Makilala Polytechnic College. 
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Section 1, Article XlV of the 1987 Constitution provides: 
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“The State shall protect and promote the right of all citizens to 
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quality education at all levels and shall take appropriate steps to 
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make such education accessible to all.” 
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 In furtherance of the State’s mandate to establish, maintain and support a 
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complete adequate and integrated system of education, it is timely and 
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beneficial for the students of Makilala Institute of Science and Technology to 
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convert it to a polytechnic college. 
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Presently, MIST is one of the public higher educational institutions in 
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Region Xll and among the 78 local universities and colleges that was evaluated 
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and found to be eligible to provide free tuition and other school fees under 
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Republic Act No. 10931 or the “Universal Access to Quality Tertiary Education 
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Act of 2017,” benefitting students from the Province of Cotabato, adjacent 
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towns and provinces. 
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With the proposed conversion of MIST to a polytechnic college, it will 
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have automatic appropriation from the national budget for free tuition fee, and 
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priority in public grants or financial aid and faculty development program. 
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These will redound to the benefit of the students, faculty and community. 
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The funding from the national government will improve the institution’s 
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facilities and services that would allow more underprivileged or poor students 
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within and outside of the Municipality of Makilala and Province of Cotabato to 
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avail of the free tertiary education. The Makilala Polytechnic College will have 
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the opportunities for linkages with other public and private stakeholders and 
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institutions towards enhanced professional development and growth.  Moreover, 
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this conversion will also provide its faculty and staff an improved access to 
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professional training to meet the demands of the fast changing educational 
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landscape and develop the core values of producing morally responsible, 
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innovative, gender and culture-sensitive, transformative and globally 
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competitive individuals.  
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The development and industrialization of the Municipality of Makilala and 
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the Province of Cotabato may also be attained by capacitating its citizens with 
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the knowledge acquired through college education.  By converting the MIST 
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into a polytechnic college, the students and citizens of Makilala and Cotabato 
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are more assured of a high quality and sustainable education, and  brighter 
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future. 
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In view of the foregoing, the immediate passage of this bill is earnestly 
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sought. 
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HON. RUDY S. CAOAGDAN 
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Representative 
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2nd District, North Cotabato
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1 
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3 4 
Republic of the Philippines 
5 
House of Representatives 
6 
Quezon City, Metro Manila 
7 
8 
9 
Eighteenth Congress  
10 
Third Regular Session 
11 
12 
HOUSE BILL NO. ______ 
13 
________________________________________________________________ 
14 
15 
Introduced by Representative Rudy S. Caoagdan, DPA 
16 
______________________________________________________________ 
17 
18 
AN ACT 
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CONVERTING THE MAKILALA INSTITUTE OF SCIENCE AND 
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TECHNOLOGY 
IN 
THE 
MUNICIPALITY 
OF 
MAKILALA, 
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PROVINCE OF COTABATO INTO A POLYTECHNIC COLLEGE TO 
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BE KNOWN AS THE MAKILALA POLYTECHNIC COLLEGE, AND 
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APPROPRIATING FUNDS THEREFOR  
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Be it enacted by the Senate and House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1.  Conversion. – The Makilala Institute of Science and 
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Technology in the Municipality of Makilala, Province of Cotabato is converted 
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into a polytechnic college to be known as the Makilala Polytechnic College, 
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hereinafter referred to as the College. 
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SEC. 2.  General Mandate. – The College shall primarily provide higher 
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professional training in, and offer courses in the fields of education, agriculture, 
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engineering and technology, agribusiness, information technology and other 
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related fields of study.  
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It shall also undertake research and extension services and production 
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activities in support of the socio-economic development of the Province of 
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Cotabato and provide progressive leadership in its areas of specialization. 
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SEC. 3.  Curricular Offerings. – The College shall offer undergraduate 
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and graduate courses in the fields of education, agriculture, engineering and 
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technology, agribusiness, information technology and other degree courses 
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within its areas of specialization and according to its capabilities, as the Board 
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of Trustees may deem necessary to carry out its objectives, and in order to meet 
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the needs of the Province of Cotabato. 
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SEC. 4.  Administration. – The College shall have the general powers of a 
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corporation set forth in Republic Act No. 11232, otherwise known as the 
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“Revised Corporation Code of the Philippines.”  The administration of the 
9 
College and the exercise of its corporate powers are vested exclusively in the 
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Board of Trustees and president of the College.   
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SEC. 5.  Governing Body. – The governing body of the College is the 
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Board of Trustees, hereinafter referred to as the Board, which is composed of 
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the following: 
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a) 
Chairperson of the Commission on Higher Education (CHED), as 
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chairperson; 
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b) 
President of the College, as vice chairperson; 
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c) 
Chairperson of the Committee on Education, Arts and Culture of 
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the Senate; 
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d) 
Chairperson of the Committee on Higher and Technical Education 
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of the House of Representatives; 
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e) 
Chairperson of the Committee on Basic, Higher and Technical 
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Education under the Bangsamoro Transition Authority Parliament, or thereafter, 
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a regular Member of Parliament of the Bangsamoro Autonomous Region in 
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Muslim Mindanao; 
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f) 
Regional director of the National Economic and Development 
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Authority; 
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g) 
Regional director of the Department of Science and Technology; 
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h) 
Regional director of the Technical Education and Skills 
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Development Authority (TESDA); 
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i) 
President of the faculty association of the College; 
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j) 
President of the student council of the College; 
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k) 
President of the alumni association of the College; and 
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l) 
Two (2) prominent citizens from the private sector who have 
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distinguished themselves in their profession or fields of specialization. 
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The Board shall appoint the prominent citizens from a list of five (5) 
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qualified persons in the Province of Cotabato, as recommended by the search 
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committee constituted by the College president, in consultation with the Board.  
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The standards and qualifications of the prominent citizens are based on the 
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standards and qualifications set by the Board. 
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The president of the faculty association, student council and alumni 
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association of the College shall serve in the Board for the duration of their term 
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of office, as set forth in their respective constitution and by-laws.   
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The two (2) prominent citizens shall serve for a term of two (2) years from 
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the date of appointment. 
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SEC. 6.  Promulgation and Implementation of Policies. – The Board shall 
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promulgate and implement policies in accordance with the provisions of the 
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Constitution on education, agriculture, science and technology, and other 
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declared policies of the State on education, including policies, standards and 
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thrusts of the CHED under Republic Act No. 7722, otherwise known as the 
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“Higher Education Act of 1994.”  
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SEC. 7.  Powers and Duties. – In addition to its general powers of 
22 
administration and the exercise of all powers granted to the board of directors of 
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a corporation under existing laws, the Board shall exercise the following powers 
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and duties:  
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a) 
Promulgate rules and regulations not contrary to law as may be 
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necessary to carry out the purposes and functions of the College; 
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b) 
Receive and appropriate all sums as may be provided for the 
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support of the College in the manner it may determine, in its discretion, to carry 
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out the purposes and functions of the College; 
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c) 
Receive in trust legacies, gifts and donations of real and personal 
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properties of all kinds, and administer or dispose of the same when necessary 
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for the benefit of the College, subject to limitations, directions and instructions 
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of the donor. 
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The donations are exempt from the donor’s tax and consider as allowable 
5 
deductions from the gross income in the computation of the income tax of the 
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donor, in accordance with the provisions of the Tax Reform Act of 1997 as 
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amended:  Provided, That such donations shall not be disposed, transferred or 
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sold. 
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d) 
Coordinate with CHED, TESDA and other governing boards of 
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educational institutions in the country, consult with the Department of Budget 
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and Management (DBM) and work towards the restructuring of the College to 
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become more efficient, relevant, productive and competitive; 
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e) 
Approve the curricula, institutional programs and rules of 
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discipline drawn by the administrative academic councils as herein provided;  
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f) 
Establish applied research and extension programs that support the 
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goals and objectives of the College; 
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g) 
Develop and implement a system of equivalency and credit transfer 
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within the College to encourage students to enroll in the College, including the 
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recognition of prior learning to encourage competent people in the industry to 
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teach in the College; 
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h) 
Adopt modern and innovative modes of transmitting knowledge, 
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including the use of information technology, the dual training system, open 
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distance learning, community laboratory, and competency-based training for the 
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promotion of greater access to professional and technological education and 
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skills development; 
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i) 
Set policies on admission, graduation and certification of students;  
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j) 
Fix the tuition and other necessary fees and charges, including 
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matriculation fees, graduation fees and laboratory fees as the Board may deem 
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proper to impose after due consultations with the involved sectors:  Provided, 
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That such fees and charges, including government subsidies and other income 
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generated by the College, shall be considered as special trust funds and 
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deposited in any authorized government depository bank, and all interests that 
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shall accrue therefrom shall form part of the same fund for the use of the 
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College:  Provided, further, That any provision of existing laws, rules and 
5 
regulations to the contrary notwithstanding, any income generated by the 
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College from tuition and other charges, as well as from the operation of 
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auxiliary services and land grants, shall be retained by the College, and may be 
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disbursed by the Board for instruction, research, extension, or other programs 
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and projects of the College:  Provided, finally, That all fiduciary fees shall be 
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disbursed for the specific purposes for which they are collected. 
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If, for reasons beyond its control, the College shall be not be able to pursue 
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any project for which funds have been appropriated and allocated under its 
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approved program of expenditures, the Board may authorize the use of said 
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funds for any reasonable purpose which, in its discretion, may be necessary and 
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urgent for the attainment of the objectives and goals of the College: 
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k) 
Adopt and implement a socialized scheme of tuition and other 
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school fees for greater access to education of poor but deserving students in 
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accordance with the provisions of Republic Act No. 10931, otherwise known as 
19 
the “Universal Access to Quality Tertiary Education Act”; 
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l) 
Fix and adjust the salaries of faculty members and administrative 
21 
officials and employees, subject to the provisions of Republic Act No. 6758, as 
22 
amended, otherwise known as the “Compensation and Position Classification 
23 
Act of 1989,” and other pertinent budget and compensation laws governing 
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hours of service, and such other duties and conditions as it may deem proper; 
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grant them at its discretion, leaves of absence under regulations as it may 
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promulgate, any provision of existing law to the contrary notwithstanding; and 
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remove them for cause in accordance with requirements of due process of law; 
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m) 
Establish professorial chairs in the College and provide local and 
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international fellowships to qualified faculty members who rendered at least 
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three (3) years of service to the College; 
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n) 
Develop academic arrangements for institutional capability-
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building with appropriate institutions and agencies, public and private, local and 
5 
foreign and appoint experts or specialist as consultants, part-time or visiting or 
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exchange professors, scholars or researchers, as the case may be; 
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o) 
Authorize the construction or repair of the buildings, equipment 
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and other facilities and purchase or acquisition of real and personal properties, 
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including necessary supplies, materials and equipment:  Provided, That such 
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purchases and other transactions entered into by the College through the Board 
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are exempt from all taxes and duties;  
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p) 
Import duty-free economic, technical and cultural books or 
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publications, machineries and equipment, upon certification by the CHED that 
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such imported books or publications, machineries and equipment are for 
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economic, technical, vocational, scientific, philosophical, historical or cultural 
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purposes, in accordance with the provisions of the Tariff and Customs Code of 
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the Philippines, as amended; 
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q) 
Enter into joint ventures with business and industry for the 
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profitable development and management of the assets of the College and use the 
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proceeds of the joint ventures for the development and strengthening of the 
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College; 
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r) 
Develop consortia and other forms of linkages with local 
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government units, institutions and agencies, both public and private, local and 
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foreign, in furtherance of the purposes and objectives of the College;  
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s) 
Privatize, where most advantageous to the College, management of 
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non-academic services such as health, food, building, grounds, property 
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management and similar activities; 
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t) 
Award honorary degrees upon persons in recognition of their 
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outstanding contribution in the fields of education, public service, arts, science 
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and technology, or in any field of specialization within the academic 
1 
competence of the College and authorize the awarding of certificates of 
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completion of non-degree and non-traditional courses; 
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u) 
Delegate any of its powers and duties provided herein to the 
4 
president or other officials of the College, as it may deem appropriate, to 
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expedite the administration of the affairs of the College; 
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v) 
Authorize an external management audit of the College, subject to 
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the rules and regulations of the Commission on Audit and institute reforms, 
8 
including academic and structural changes, on the basis of the audit results and 
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recommendations; and 
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w) 
Establish policy guidelines and procedures for participative 
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decision-making and transparency within the College. 
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SEC. 8.  Meetings of the Board. – The Board shall regularly convene at 
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least once every quarter.  The chairperson may, upon three (3) days prior written 
14 
notice, call a special meeting whenever necessary. 
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A majority of all the members holding office shall constitute a quorum for 
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the board meetings:  Provided, That the chairperson or vice-chairperson of the 
17 
Board is among those present in the meeting. 
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The members of the Board may not receive any salary but may reimburse 
19 
actual and necessary expenses incurred for attending the Board meetings or 
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other official business authorized by the Board, subject to existing laws, rules 
21 
and regulations. 
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SEC. 9.  College President. – The College is headed by a president who 
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shall render full-time service.  The president is appointed by the Board, subject 
24 
to the guidelines, qualifications and standards set by the Board, upon the 
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recommendation of a duly constituted search committee.  The president shall 
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serve for a term of four (4) years and shall be eligible for reappointment for 
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another term.  In order to effect a smooth transition to a polytechnic college, the 
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current head of the Makilala Institute of Science and Technology shall be the 
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officer-in-charge until such time the president is appointed. 
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In case of vacancy in the office of the president, the Board shall elect the 
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successor who shall hold office for the unexpired term of the predecessor.  If the 
2 
successor served for a period of more than two (2) years, the successor is 
3 
considered to have served a full term.  The Board shall designate an officer in 
4 
charge until a new president is appointed. 
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The powers and duties of the president of the College in addition to those 
6 
specifically provided in this Act and designated by the Board, are those usually 
7 
pertaining to the office of the president of similar educational institutions. 
8 
The salary of the president is subject to the provisions of Republic Act No. 
9 
6758, as amended, otherwise known as the “Compensation and Position 
10 
Classification Act of 1989.”  
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SEC. 10.  Administrative Council. – There shall be an administrative 
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council consisting of the president of the College as chairperson, vice-
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presidents, deans, directors and other officials of equal rank as members whose 
14 
duty is to review and recommend to the Board the policies governing the 
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administration, management and development planning of the College. 
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SEC. 11.  Academic Council. – There shall be an academic council 
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consisting of the president of the College as chairperson and all academic staff 
18 
with the rank not lower than assistant professor as members. 
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The academic council shall review and recommend the curricular offerings 
20 
and rules of discipline of the College, for the approval of the Board.  It shall fix 
21 
the requirements for the admission of students, as well as for their graduation 
22 
and conferment of certificates and diplomas, subject to review and approval of 
23 
the Board through the president of the College.  
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The academic council shall, having disciplinary power over students of the 
25 
College, formulate academic policies, rules and regulations on discipline, 
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subject to the approval of the Board. 
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SEC. 12.  College Secretary. – The Board shall appoint a secretary, who 
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shall serve as such for both the College and the Board and keep all the records 
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and proceedings of the Board.  The secretary shall serve upon each member of 
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the Board the appropriate notice of the Board meetings. 
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SEC. 13.  College Treasurer. – The Treasurer of the Philippines shall be 
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the ex officio treasurer of the College. 
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SEC. 14.  Faculty. – No religious opinion or affiliation, political beliefs, 
5 
gender preference, cultural or community affiliation or ethnic origin, shall be a 
6 
matter of inquiry in the appointment of faculty members of the College:  
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Provided, That no member of the faculty shall teach for or against any particular 
8 
church or  
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SEC. 15. Admission and Scholarship Program. – No student shall be 
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denied admission to the College by reason of sex, religion, cultural or 
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community affiliation or ethnic origin, or political affiliation. 
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The College shall provide a scholarship program and other subsidies to 
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assist the poor but deserving students who qualify for admission to the College. 
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SEC. 16.   Academic Freedom and Institutional Autonomy. – The 
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College shall enjoy academic freedom and institutional autonomy, pursuant to   
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Section 5 (2), Article XIV of the Constitution of the Republic of the 
17 
Philippines.  
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  SEC.17.Development Plan, Management Audit, and Organizational 
19 
Structure. – Within one hundred twenty (120) days after the approval of this 
20 
Act, the College shall accomplish the following: 
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a) 
Submit a five (5) year development plan, including the program 
22 
budget to CHED and TESDA, for corresponding recommendation to the DBM; 
23 
b) 
Undergo a management audit in cooperation with CHED and 
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TESDA; 
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c) 
Accordingly set up its organizational, administrative and academic 
26 
structure, including the appointment of key College officials; and 
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d) 
Set in motion the establishment of higher and advanced programs 
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on technological education. 
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 SEC. 18.  Assets, Liabilities and Personnel. – Subject to the provisions of 
1 
Republic Act No. 7160, otherwise known as the “Local Government Code of 
2 
1991,” all assets, real and personal, personnel and records of the Makilala 
3 
Institute of Science and Technology, as well as the liabilities or obligations, are 
4 
transferred to the College.   
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The qualified incumbent faculty members and personnel of the Makilala 
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Institute of Science and Technology are automatically absorbed as personnel of 
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the College.  All parcels of land occupied by the Makilala Institute of Science 
8 
and Technology are declared property of the College and shall be titled under 
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that name. 
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SEC. 19.  Authority to Loan or Transfer Apparatus, Equipment, Supplies 
11 
and Detail of Personnel. – The heads of bureaus and offices of the national 
12 
government are authorized to loan or transfer upon the request of the president 
13 
of the College such apparatus, equipment or supplies as may be needed by the 
14 
College, and to detail employees for duty therein when, in the judgment of the 
15 
head of bureau or office, such apparatus, equipment, supplies or services of such 
16 
employees may be spared without serious detriment to public service.  The 
17 
employees detailed shall perform such duties as required of them by the 
18 
president of the College and the time so employed shall be counted as part of 
19 
their regular services. 
20 
SEC. 20.  Tax Exemptions. – The College shall be entitled to the 
21 
following tax exemptions:  
22 
(a) 
All revenues and assets of the College used exclusively and solely 
23 
for educational purposes or in furtherance thereof shall be exempt from all 
24 
taxes and duties;  
25 
(b) 
All grants, bequest, endowments, donations and contributions 
26 
made to the College to be used actually, directly and exclusively by the 
27 
College shall be exempt from donor's tax and the same shall be allowed as 
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allowable deductions from the gross income of the donor for purposes of 
1 
computing the taxable income of the donor in accordance with the provisions 
2 
of the Tax Reform Act of 1997, as amended;  
3 
(c) 
Importation of economic, technical, and cultural books or 
4 
publications, which are for economic, technical, vocational, scientific, 
5 
philosophical, historical or cultural purposes made by the College upon 
6 
certification by the CHED shall be exempt from customs duties in accordance 
7 
with the provisions of Republic Act No. 10863, otherwise known as the 
8 
“Customs Modernization and Tariff Act”;  
9 
(d) 
The College shall be exempt from value-added tax as provided for 
10 
in Section 109 (1)(H) of the Tax Reform Act of 1997, as amended; and  
11 
(e) 
All educational monetary awards shall be exempt from income tax 
12 
as prescribed in the Tax Reform Act of 1997, as amended.  
13 
SEC. 21. Auditing. – All accounts and expenses of the College shall be 
14 
audited by the Commission on Audit or its duly recognized representative. 
15 
SEC. 22.  Compliance with CHED Requirements. – The provisions of this 
16 
Act notwithstanding, the conversion of the Makilala Institute of Science and 
17 
Technology into a state college shall become effective only upon the 
18 
determination and declaration by the CHED, based on the recommendation of a 
19 
panel of experts, that the institution has complied with the requirements for a 
20 
college status. The CHED, through its regional office, shall regularly provide 
21 
technical assistance to the institution and monitor compliance with the 
22 
requirements of the Commission.  
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The CHED shall designate a panel of experts who shall prepare a 
1 
recommendation to the chairperson of the CHED, on whether the institution has 
2 
complied with the requirements for the grant of college status. The following 
3 
are the operational requirements for a state college:  
4 
(a) 
Equivalent or appropriate accreditation under CHED policies and 
5 
guidelines for colleges;  
6 
(b) 
Ratio of qualified full-time faculty with requisite degree to number 
7 
of students;  
8 
(c) 
Adequate library and laboratories;  
9 
(d) 
Research and development output of practical and commercial 
10 
application to the community;  
11 
(e) 
Relevant linkages and outreach programs that are of service to the 
12 
community; and  
13 
(f) 
Relevant academic policies, systems and processes.  
14 
The Makilala Institute of Science and Technology shall enjoy the benefits 
15 
of a polytechnic college after complying with the requirements provided therein 
16 
and attaining the converted status. 
17 
SEC. 23.  Suppletory Application. – The provisions of Republic Act No. 
18 
8292, otherwise known as the “Higher Education Modernization Act of 1997,” 
19 
shall suppletory apply and serve as part of the governing charter of the College. 
20 
SEC. 24.  Parity Clause. – All other powers, functions and privileges, 
21 
responsibilities and limitations to state universities and colleges and their 
22 
officials under existing laws are deemed granted or imposed upon the College 
23 
and its officials, whenever appropriate. 
24 
SEC. 25.  Appropriations. – The amount necessary for the initial 
25 
implementation of this Act shall be charged against the current year’s 
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appropriations of the Makilala Institute of Science and Technology.  Thereafter, 
1 
such sums as may be necessary for the continued operation and maintenance of 
2 
the College shall be included in the annual General Appropriations Act. 
3 
SEC. 26.  Implementing Rules and Regulations. – Within ninety (90) 
4 
days from the approval of this Act, the Board shall, in consultation with the 
5 
chairperson of CHED, promulgate the necessary rules and regulations for the 
6 
effective implementation of this Act. 
7 
SEC. 27.  Separability Clause. – If any part or provision of this Act is 
8 
declared invalid or unconstitutional, the remaining parts or provisions not 
9 
affected shall remain in full force and effect. 
10 
SEC. 28.  Repealing Clause. – All laws, presidential decrees, executive 
11 
orders, rules and regulations contrary to or inconsistent with the provisions of 
12 
this Act are repealed, amended, or modified accordingly. 
13 
SEC. 29.  Effectivity. – This Act shall take effect fifteen (15) days after its 
14 
publication in the Official Gazette or in a newspaper of general circulation. 
15 
Approved,
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