HOUSE "F REPRESENTATIVES

RECEIVED
Republic of the Philippines pared O JUN 2015
HOUSE OF REPRESENTATIVES tive _ 2507

Quezon City py:

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 241

Introduced by HON. JORGE T. ALMONTE

EXPLANATORY NOTE

This bill seeks to establish the Misamis Occidental State College (MOSC),
integrating therewith the Oroquieta agro-Industrial School (OAIS) in Barangay
Villaflor, Oroquieta City, Province of Misamis Occidental

The constitution explicitly provides that the State shall protect and promote
the right of all citizens to quality education at all levels and shall take appropriate
steps to make such education accessible to all. In pursuance thereof, Congress
has passed the Free Secondary Education Act of 1988 opening the pathway to
education to hundreds of our-of-school youths nationwide whose dire need for
education has been barred by poverty.

In a country like in the Philippines however, sending children to college
has been a life-long dream for all parents that they even shed blood, sweat and
tears for such noble ambition. For most of them and even for all of us, pursuing
higher education is the beginning of our long journey in search for loftier goals
and ideals. It is quite fortunate however, that while it is true that education is a
ticket to alleviate poverty and improved station in life, still many of our children
have remained out-of-school due to the vicious cycle that they are out-of-school
because they are poor, they are poor because the are out-of-school. This
situation encourages the growth and establishment of state colleges and
universities in the provinces to cater the poor but deserving students.


Itis therefore the paramount objective of this important piece of legislation
to establish a state college in the Province of Misamis Occidental, integrating
therewith the Oroquieta agro-Industrial School (OAIS) in Barangay Villaflor,
Oroquieta City, Province of Misamis Occidental to be known as the “Misamis
Occidental State College (MOSC). The establishment of OAIS into MOSC will
not only help accommodate the expected influx of enrolees who are expected to
graduate from nearby high schools within the province but this will certainly
improve the quality education in the province.

In view of the foregoing reasons, the approval of this bill is earnestly

sought
“WOEanes T. ALMONTE,
an

Representative
First District, Misamis Occidental



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

SEVENTEENTH CONGRESS
First Regular Session

241

House Bill No.

INTRODUCED BY REPRESENTATIVE JORGE T. ALMONTE

AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE MISAMIS
OCCIDENTAL STATE COLLEGE (MOSC), INTEGRATING THEREWITH THE
OROQUIETA AGRO-INDUSTRIAL SCHOOL (OAIS) IN BARANGAY
VILLAFLOR, OROQUIETA CITY, AND APPROPRIATING FUNDS FOR OTHER
PURPOSES

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

SECTION 1. Establishment.- There is hereby established as State College
in the Province of Misamis Occidental to be known as the Misamis Occidental
State College (MOSC), hereinafter referred to as the State College, integrating
therewith the Oroquieta Ago-Indutrial Schoo! (OAIS) in Barangay Villaflor,
Oroquieta City, Province of Misamis Occidental. The existing campus of OAIS in
Barangay Villaflor, Oroquieta City shall be the main campus of the State College.

SEC.2. General Mandate- The College shall primarily offer higher
professional, technical instructions for special purposes and promote research
and extension services, advanced studies and progressive leadership in
education, agriculture, fishery, engineering, arts and sciences, short-term
vocational-technical and other continuing courses as may be relevant. It shall
also provide primary consideration to the integration researches/studies for the
development of the Province of Misamis Occidental.

The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education (DepED); Provided, that this high
school shall be allowed to remain and operate within the campus of the State

3


College until it shall have been accommodated in other public or private schools;
Provided, further, That the State College may operate a reasonably-sized
laboratory school, if it has a college of education.

SEC.3. Curricular Offerings.- The College shall offer undergraduate and
graduate and short-term technical courses within its area of specialization and
according to its capabilities as the Board of Trustees may deem necessary to
carry out its objectives, particularly to meet the needs of the Province of Misamis
Occidental and the Region.

SEC.4, Administration.- The College shall have the general powers of a
corporation set forth in the corporation law. The administration of the College and
the exercise of its corporate powers shall be vested exclusively in the Board of
Trustees and the president of the College insofar as authorized by the Board.

SEC.5 The Governing Board.- The governing body of the College shall be
the Board of Trustees, 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 College, vice- chairperson

©) The Chairperson of the Committee of Education, Arts and

Culture of the Senate, member;
@ The Chairperson of the Committee of Education, Arts and
Culture of the House of Representatives, member;

© The Regional director of the National Development
Authority (NEDA), Region X, member;
0) The president of the faculty association of the College,

member;


(g) The president of the student council of the College,

member;

(hy The president of the alumni association of the College,
member;

@ Two (2) prominent citizens who have distinguished

themselves in their profession or fields of specialization of
the College, members.

The two (2) prominent citizens shall be chosen from among the list of at
least five (5) qualified persons in the Province of Misamis Occidental, as
recommended by the search committee constituted by the College president in
consultation with the chairperson of the CHED and the other members of the
Board, based on the normal standards and qualifications for the position.

The term office of the President of the faculty association, the president of
the student council and the president of the alumni association shall be
coterminous with their respective terms of office as set forth in their respective
constitution by laws. The Two (2) prominent persons shall serve a term of two
years.

SEC.6 Promulgation and Implementation of Policies.- The Board shall
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 of the CHED under sports 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”

SEC. 7 Powers and Duties of the Board of Trustees.- The Board shall
have the following specific powers and duties in addition to its general powers of
administration and the exercise of all powers granted to the board of directors of
a corporation under existing laws:


(a)

(b)

(c)

(d)

(e)

To enact rules and regulations not contrary to laws as may be
necessary to carry out the purpose and functions of the College;
To receive and appropriate all sums as may be provided, for the
support of the College in the manner it may determine in its
discretion to carry out the purpose and functions of the College;
To import duty-free economic, technical and cultural books
andior publications upon verifications by the CHED that such
imported books and/or publications are for economic, technical,
vocational, scientific, philosophical, historical or cultural purposes
in accordance with the provisions of the Tariff and Customs
Code, as amended;

To receive in trust, legacies, gifts and donations of real and
personal properties of all kinds and to administer and dispose the
same when necessary for the benefit of the College and subject
to the limitations, directions and instructions of the donor, if any.

Such donations hall be exempt from the donor's tax and the same
shall be considered as allowable deductions from the gross income
in the computation of the income tax of the donor, in accordance
with the provisions of the National internal Revenue Code (NIRC),
as amended: Provided, That such donation shall not be disposed
of, transferred or sold; and

To fix the tuition fees and other necessary school charges such
as but not limited to 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 State College, shall constitute
special trust funds and shall be deposited in any authorized
government depository bank and all interests that shall accrue

6


(g)

(h)

10)

therefrom shall form part of the same funds for the use of the
College.

Any provision of existing laws, rules and regulation to the
contrary notwithstanding, any income generated by the College
from tuition fees and other charges as well as from the operation
of auxiliary services and land grants, shall be retained by the
College, and may be disbursed by the Board for instruction,
research, extension or other programs/projects of the College;
Provide, That all fiduciary fees shall be disbursed for the specific
purposes which they were collected.

If, for reasons beyond its control, the State College 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 the said funds
for any reasonable purpose which, in its discretion, any be
necessary and urgent for the attainment of the objectives and
goals of the College.

To adopt and implement a socialized scheme of tuition and
school fees for greater access to poor but deserving students;

To authorize the construction or repair of its buildings, machinery
_ equipment and other facilities and the purchase and acquisition
of real and personal properties including the necessary supplies,
materials and equipment;

To appoint upon the recommendation of the College, vice
presidents, deans, directors and head of departments, faculty
members and other officials and employees of the College;
To fix and adjust the salaries of faculty members and
administrative officials and employees subject to the provisions of
the Revised Compensation and Position Classification System

7



@

(k)
()

(m)

(n)

(0)

(p)

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, as 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;

To approve the curricula, instructional programs and rules of
discipline drawn by the administrative and academic councils
herein provided;

To set policies on admission and graduation of students;

To award honorary degrees upon persons in recognition of
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 College;
and to authorize the awarding of certificates of completion of non-
degree and non-traditional courses;

To establish and absorb non-chartered tertiary institutions within
the Province of Misamis Occidental as branches and centers in
coordination with the CHED, in consultation with the Department
of Budget and Management (DBM), and to offer therein programs
or courses, to promote and carry out equal access to educational
opportunities mandated by the Constitution;

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

To establish Chairs in the College and to provide fellowships for
qualified faculty members and scholarships to deserving students;
To delegate any of its powers and duties provided for
hereinabove to the president andlor other officials of the College
as it may deem appropriate, so as to expedite the administration
of the affairs of the College;


(a)

10)

(s)

(t)

(u)

(v)

(w)

(®)

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

To collaborate with other governing Boards of the state colleges
and universities within the Region, under the supervision of the
CHED an in consultation with the DBM, and work for the
restructuring of the College to become more efficient, relevant,
productive and competitive;

To enter into joint ventures with business and industry for
profitable development and management of the economic assets
of the College, the proceeds of which shall be sued for the
development and strengthening of the College;

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

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

To set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information technology,
the dual system, open learning or distance education, community
laboratory, etc, for the promotion of greater access to education.
To establish policy guidelines and procedures for participative
decision-making and transparency within the College;

To privatize, where most advantageous to the University,
management of non-academic services such as health, food,

9


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

(y) To extend the term of the president of the College beyond the age
of retirement but not later than the age of seventy (70), whose
performance has been unanimously rated by the governing board
as outstanding, after unanimous recommendation by the search
committee.

SEC.8 Meetings of the Board.- The Board shall convene regularly at least
once every two (2) months The chairman of the Board may, upon three (3) days
prior written notice, call a special meeting whenever necessary.

A quorum of the Board shall consist of majority of all its members holding
office at a time of the meeting; Provided; however, That the chairperson of the
Board or the president of the College is among those present in the meeting.

In the absence of the chairperson of the CHED, a commissioner of the
CHED, duly designated by him/her, shall represent him/her in the meeting withal
the rights and responsibilities of a regular member; Provided, however, That
during this meeting, the president of the College, 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 chair of the Board, in which case said CHED
commissioner shall act as the presiding officer.

In case the chairpersons of the Congressional Committees on Education
shall not be able to attend the Board meeting, they may duly designate their
respective representatives to attend the said meeting, who shall have the same

rights and responsibilities as a regular member of the Board.

The members of the Board shall not receive any salary but shall be entitled
to reimbursements for actual and necessary expenses incurred, either in their

10



attendance to meetings of the Board or in connection with other official business
authorized by resolution of the Board, subject to existing laws and regulations.

SEC.9 The College President.- The College shall be headed by the
president, who shall render full-time service. He/She shall be appointed by the
Board, subject to the guidelines, qualifications and/or standards set by the Board,
upon recommendation of a duly constituted search committee.

He/She shall have a tem of four (4) years and shall be eligible for
reappointment for another term. Within six (6) months before the expiration of the
term of office of the incumbent president, the Board shall constitute the Search
Committee for the Presidency (SCP). Provided, however, That this proviso
notwithstanding, in order to effect a smooth transition to a State College, the
incumbent administrator of the Oroquieta Agro-Industrial School (OAIS), if
qualified, shall serve as the first president of the State College. The remaining
term of the incumbent administrator of the school shall be counted as his first
term as the State College president

In case of vacancy in the office of the president as mentioned in the
immediately preceding paragraph, his successor shall hold office for the

unexpired term

In case of vacancy in the office of the President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of the
president to perform the functions of his/her office, the Board shall have the
authority to designate an officer-in-charge of the College pending the
appointment of a new president.

The powers and duties of the president of the State College in addition to
those specifically provided in this Act shall be those pertaining to the office of the


president of similar colleges. If the successor shall serve for a period of two (2)
years, then such shall be considered as one full term for the successor.

The salary of the president of the State College shall be in accordance with
the Revised Compensation and Position Classification System and shall be
comparable to that being received by the presidents of similar educational
institutions of like enrollment and standing.

SEC.10. Administrative Council.-There shall be an administrative council
consisting of the president of the College, as chairperson, the vice-presidents),
deans, directors and other officials of equal rank as members, whose duty is to
implement the policies governing the administration, management and
development of the College, as approved by the Board.

SEC.11. Academic Council.-There shall be an academic council with the
president of the College, as chairperson, and all members of the academic staff
with the rank of not lower than assistant professor, as members.

The academic council shall have the power to prescribe curricular offering
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/or approval by the Board through the president of the
College. It shall also have disciplinary powers over the students through the
president within the limits prescribed in the rules of discipline, as approved by the
Board

SEC. 12. The Secretary of the College.-The Board shall appoint a
secretary, who shall serve as such for both the Board upon recommendation of
the President of the College. He shall be the secretary of the Board and shall
keep such records of the College as may be determined by the Board.


SEC. 13. The Treasurer of the College.-The Treasurer of the Philippines
shall be the ex officio treasurer of the College.

SEC. 14. Faculty.-Members of the faculty of the College at the tertiary
level shall be exempt from any civil service examination as a requisite for
appointment, without prejudice to the right of the Board to impose other
professional examination requirements intended to maintain high academic
standards.

No religious opinion or affiliation shall be the matter of inquiry in the
appointment of faculty members of the College: Provided, however, That no
member of the faculty shall teach for or against any particular church or religious
sect.

SEC. 15. Scholarships Program/Admission.- The College shall
provide a scholarship program and other affirmative action programs to assist poor but
deserving students who qualify for admission to the College.

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

nationality, religion, cultural or community affiliation or ethnic origin.

SEC. 16, Academic Freedom and Institutional Autonomy.- The
College shall enjoy academic freedom and institutional autonomy, pursuant to
paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the
Philippines.

SEC. 17. Filing of Report.- On or before the fifteenth (15") 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 President of the Philippines though the
chairperson of the CHED, and with both Houses of Congress a detailed report
on the progress, conditions and needs of the College.


SEC. 18. Authority to loan or Transfer Apparatus/Equipment.-The
heads of the bureaus and offices of the national government are hereby
authorized to loan transfer, upon the request of the president of the College such
apparatus, equipment or supplies as may be needed by the College, and to detail
employees for duty therein when, in the judgment of the head of bureau or office,
such apparatus, equipment, supplies or services of such employees can be
spared without serious determent to the public service. The employees so
detailed shall perform such duties as required of them by the president of the
College, and the time so employed shall be counted as part of their regular

services.

Sec. 19 Assets, Liabilities and Personnel- All assets, real and
personal, personnel and records of the Oroquieta Agro-Industrial School in
Oroquieta City, Province of Misamis Occidental as well as its liabilities or
obligations, are hereby transferred to the College; Provided, That the positions ,
rights and security of tenure of the academic staff and personnel therein
employed, except those who would be transferred along with the high school
components of the College, under existing laws prior to absorption by the College
are not impaired: Provided, further, That the incumbents of the positions shall
remain in the same status until otherwise provided for by the Board.

All parcels of land belonging to the government occupied by the Oroquieta
Agro-Industrial School are hereby declared the property of the Misamis
Occidental State College (MOSC) and shall be titled under that name: Provided,
That should the College cease to exist, or be abolished, or such aforementioned
parcels of land be no longer needed by the College, the title to said parcels of
land shall be transferred to Oroquieta City, Province of Misamis Occidental.

Sec. 20 Appropriations- The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s appropriations
for the Oroquieta Agro-Industrial School (OAIS) except the sum needed to

4



continue the operations of the existing high school. Thereafter, such sums as
may be necessary for the operation and maintenance of the College shall be
included in the Annual General Appropriations Act

SEC. 21. Development Plan, Management Audit, Organizational/
Administrative/Academic Structure.- Within the period of one hundred twenty
(120) Days after the approval of this Act, the College shall accomplish the

following

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

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

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

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

SEC. 22. Inclusion Clause.- The provisions of Republic Act No. 8292,
otherwise known as the “Higher Education Modernization Act of 1197," shall be
an integral part of this Act and shall serve of the governing charter of the College.

SEC. 23. Imposition of Powers.- All other powers, functions and
privileges, responsibilities and limitations to State college/universities and to their
officials under existing laws shall be deemed granted to or imposed upon the
College and/or its officials whenever appropriate.


SEC. 24. Transitory Provisions.- Pending the appointment of the first
president of the College, the Chairman of the CHED shall appoint an officer-in-
charge of the College.

The CHED shall be empowered to formulate rules, regulations and
guidelines, to fully implement the provisions of this Act.

SEC. 25. Separately Clause.- If, for any reason, 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. 26. 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. 27. Effectivity.- This Act shall take effect fifteen (15) days after
its publication in two newspapers of general circulation.

Approved,

16