HOUSE °F “PRESENT ARES

\ ne RECEIVED
Republic of ttre Philippines 07 WL 2018
HOUSE OF REP! RESENTATI Date,
Quezon City, Metro Manila ive CMD)
SEVEN1 EET H CONGRESS BYE
First Reguilar Session :
REQISTR ATION UNT

: 1294

House: Bill No. BILLS AND INDE X SERVICE

Introduced by Honorable Florida P. Robes

AN ESTABLISHING A UNIVERSITY LN LONE LEGISLATIVE DISTRICT OF
SAN JOSE DEL MONTE, PROVINCE OF BULACAN TO BE KNOWN AS
PAMANTASAN NG LUNGSOD NG SAN JOSE DEL MONTE, AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Establishment. - There is hereby established in the City of San Jose Del
Monte, Province of Bulacan, within the powers and limitations hereinafter specified, of a
university which shall be known as the University of the City of San Jose Del Monte
(Pamantasan ng Lungsod ng Maynila), the same to be organized as a corporation under the same
name.

SEC. 2. General Mandate. — The University shall primarily provide advanced
education, higher technological, professional instruction and training in the sciences, arts, teacher
education, agriculture, engineering, business and entrepreneurial technology and other related
courses. It shall seek academic leadership in these areas of specialization. It shall likewise seek
to advance human knowledge through basic study and research in other relevant fields of study;
to fully develop the Filipino intellect and promote Filipino culture; and to introduce in its
curricula studies which do not at present receive sufficient emphasis in existing institutions of
higher learning in the country. ie

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 and graduate
studies within its areas of specializations, specifically, but not limited to, the fields of ‘sciences,
arts, teacher education, agriculture, engineering, business and entrepreneurial technology, health
related programs, information techriology and other fields as the Board of Regents may deem
necessary to carry out its objectives, particularly to the needs of the constituency: Provided, That
no degree program shall be offered without the approval of the Commission on Higher Education
before the same shall be approved by its Board.

SEC. 5. Administration. — The University shall have the general powers of a corporation
set forth in Batas Pambnsa Blg. 68, as amended, otherwise known as “The Corporation Code of
the Philippines”. The Administration of the University and the exercise of its corporate powers
shall be vested exclusively in the Board of Trustees and the President of the University.

SEC. 6, The Governing Board. - The government of the said university is vested ina
board of regents to be known as the Board of Regents of the University of the City of San Jose



Del Monte (Pamantasan ng Lungsod ng City of San Jose Del Monte). The Board of Regents
shall be composed of the following:

(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson;

(b) The President of the University, Vice Chairperson;

(©) The Chairperson of the Committee on Education, Arts and Culture of the Senate,
member; :

(d) The Chairperson of the Commitiee on Higher and Technical Education’ of the House
of Representatives, member;

(€) The Regional Director of the National’ Economic and Development Authority
(NEDA), member;

(0) The Regional Director of the Department of Science and technology (DOST),
member;

(g) The President of the federation of faculty associations of the University, member;

(h) The President of the federation of student councils of the University, member;

(i) The President of the federation of alumni associations of the University, member;

Gj) Two (2) prominent citizens who have distinguished themselves in their professions or
fields of specialization, and chosen from aniong 4 list of at least five (5) qualified
persons within the Lone Legislative District of the City of San Jose; Del Monte, as
recommended by the search committee constituted by the University 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 set by the Board.

(1) 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 officé, as set forth in their
respective constitutions and by-laws.

‘The two (2) prominent citizens shall serve for a term of two (2) years ftom 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 admihistration and the
exercise of all the powers granted to the board of directors of a corporation undér existing laws:

(a) To promulgate rules and regulations not contrary to law as may be necessary to carry
out the purposes and functions of the University;

(b) 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 Universit

(c) To import duty - free economic, technical and cultural books and/or publications,
upon certification 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 of the Philippines, as
amended;

(@) To receive in trust legacies, gifts and donations of real and personal properties of all
Kinds and to administer and dispose of the same when necessary for the benefit of the
University, subject to the limitations, directions and instructions of the donor, if any.
Such donations shall 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)
0f1997, as amended: Provided, That such donations shall not be disposed of, transferred
or sold; :

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(e) To fix the tuition fees and other nece ssiary school charges such-as, but not limited to,
matriculation fees, graduation fees and Ie tooratory fees, as the Board may deem proper to
impose, after due consultations with the i nvolved sectors,

Such fees and charges, including goverent subsidies and other incomes generated by
the University, shall constitute speci: trust funds and shall be, deposited in any
authorized government depository banks, and all interests that shal-accriertherefrom shall
form part of the same funds for the vise othe University.

‘Any provision of existing laws, rules enc! regulations 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
and projects of the University: Provicdeed, 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;

() To adopt and implement a socializ
access to poor but deserving students;

-d scheme of tuition and school fees for greater

(g) 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;

(h) To appoint upon recommendation of the President of the University, Vice Presidents,
deans, directors and heads of campuses, 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 ‘and Position
Classification System and ottier 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;

() To approve the curricula, instructional programs and rules of discipline drawn by the
Administrative and Academic Councils herein provided;

(k) To set policies on admission and graduation of students;
(D 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
nontraditional courses;

(m) To establish research and extension centers of the University where such will
promote the development of the latter;

(n) To establish professorial chairs in the University and to provide. fellowships for
qualified faculty members and scholarships to deserving students:


(0) To delegate any of its powers and duties provided for hereinabove to the President
and/or other officials of the University as it may deem appropriate, so as to expedite the
administration of the affairs of the Uni versity;

(p) To authorize an external managem ent audit of the University, to be financed by the
CHED, subject to the rules and regulat‘ions of the Commission on Audit (COA); and to
institute reforms, including academic «ind structural changes, on the basis of the audit
results and recommendations;

(@) To collaborate with other governing Hoards of the state colleges-and universities
within the Province of Bulacan, under the supervision of the CHED and in consultation
with the DBM, and work towards the rest ucturing of the University to become more
efficient, relevant, productive and competi

(8) 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;

(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;

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

(v) To set up the adoption of modern and innovative modes of transmitting knowledge
such as the use of information technology, the dual learning system, open learning or
distance education and community laboratory for the promotion of ‘greater access to
education; '

(w) To establish policy guidelines and procedures for participative decision - making and
transparency within the University;

(x) To privatize, where most advantageous to the University, the management of
nonacademic services such as health, food, building or grounds or property maintenance
and such other similar activities; and

(y) To extend the term of the President of the University beyond the age of retirement but
not beyond the age of seventy (70), whose performance has been unanimously rated by
the Board as outstanding based on the guidelines, qualifications and/or standards Bet by
the Board, after unanimous recommendation by the search committee.

SEC. 8. Meetings of the Board. - The Board shall regularly convene at least once every
quarter. However, the Chairperson of the Board may, upon three (3) days' prior written notice,
call a maximum of two (2) special meetings whenever necessary.

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

In the absence of the Chairperson of the CHED, a‘Commissioner of the CHED, duly
designated by hinvher, shall represent him/her in the meeting with all the rights and
responsibilities of a regular member: Provided, however,. That during this meeting, the President
of the University as Vice Chairperson shall be the Presiding Officer: Provided, further, That this
proviso notwithstanding, the Chairperson of the CHED is ‘hereby authorized to designate a


CHED Commissioner as the regular 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 >> receive any salary but stall be entitled to
reimbursements for actual and necessary ¢venses ‘acurred, either in their attendance to
meetings of the Board or in connection with c her offic’al business authorized by resolution of
the Board, subject to existing laws and regulations.

SEC. 9, 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, arts and culture, 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",

SEC. 10. Tax Exemption, — All grants, bequests, endowments, donations and
contributions made to the University to be used actually, directly and exclusively by the
University shall be exempt from donor's tax and the same shall be considered as allowable
deduction from the gross income of the donor for purposes of computing the taxable income of
the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as
amended.

SEC. 11. The Administration — The Administration of the University shall he headed by
a 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 term of four (4) years and shall be
eligible for reappointment for another 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
University, pending the appointment of a new President.

In case of vacancy in the office of the President as mentioned in the immediately
preceding paragraph, his/her successor or the Officer - in - Charge shall serve only the unexpired
portion of the term. .

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

The salary of the President of the University shall be in accordance with the Revised
Compensation and Position Classification System and shall be comparable to that being received.
by the Presidents of similar educational institutions,

The President of the University shall be assisted by the Vice Président/s, who shall be
appointed by the Board upon recommendation of the President.

SEC. 12. The Administrative Couneil. - 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
University.


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

The Academic Council shall have the power to review and recommend the curricular
offerings and rules of discipline of the Universiry, subject to the approval of the Board. It shall
fix the requirements for the admission of students 5, as well as for their graduation and conferment
of dogrees, subject to review and/or approve'l by the Board through the Pyesident 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.

SEC. 14, The Faculty, - No political beliefs, gender preference, cultural or community
affiliation or ethnic origin, religious opinion or affiliation shall be a matter of inquiry in the
appointment off faculty members of the University:Provided, That said appointment shall be
subject to the guidelines, qualifications and/or 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, Admission. - No students shall be denied admission to the University by
reasons of sex, nationality, religion, political affiliation, physical disability, cultural or
community affiliation or ethnic origin.

SEC. 16. Annual Report.— On or before the fifteenth (15") day of the second (2)
month after the opening of the regular classes each year, the President of the University shall file
with the Office of the President of the Philippines through the Chairperson of the CHED, and
with the Senate and the House of Representatives, a detailed report on the progress, conditions,
and needs of the College. . ee

SEC. 17. Campus Site. - The University shall have an area of not less than five (5)
hectares for its academic and instructional programs, research, and development activities and
experimental and laboratory facilities.

The Board shall forthwith recommend a suitable site within the Lone Legislative District
of San Jose Del Monte, Province of Bulacan for this purpose. The Office of the President of the
Philippines, through the CHED, shall effect the immediate acquisition of the said area for use as
campus site.

SEC, 18, Development Plan, - Within the period of one hundred twenty (120) days after
the approval of this Act, the University shall submit a seven (7) - year development plan,
including its corresponding program budget to the CHED, for corresponding recommendation to
the DBM and which shall serve as the basis for its policy decisions.

SEC. 19. Compliance with CHED Requirements. — The provisions of this Act
notwithstanding, the establishment or conversion of the institution into a state university shall
become effective only upon the determination and declaration by the CHED, based on the
recommendation and declaration by the CHED, based on the recommendation of a panel of
experts that the institution has complied with the requirements for a university status, The CHEd,
through its regional office, shall regularly provide technical assistance to the institution and
monitor compliance with the requirements of the Commission.

SEC, 20.CHED Monitoring and Evaluation.- The CHED shall conduct regular
monitoring and evaluation to determine continuing compliance with the requirements on
University status. In the event that the Commission finds that the University does not maintain
compliance thereof, it shall submit the appropriate recommendation for the revocation of the
University status to the Senate Committee on Education, Arts and Culture and the House
Committee on Higher and Technical Education.


SEC. 21. Appropriations, - The amc/unt necessary to carry out the provisions of this Act
shall be included in the annual General Appropriations Act."

SEC 22. Suppletory Application, - “he provisions of Republic Act No. 8292, otherwise
known as the "Higher Education Modernizatiio: ct of 1997", shall be an integral part of this Act
and shall serve as part of the Governing Chart‘«: o/ the University.

SEC. 23, Parity Clause. - All other pcowers, functions and privileges, responsibilities and
limitations to state universities and/or their of ticials under existing laws shall: be’ deemed: granted
to or imposed upon the University and/or its 0 fficials whenever appropriate.

SEC 24, Implementing Rules and 'K:egulations. - The Board, in consultation with the
CHED, shall formulate the guidelines to fully implement the provisions of this Act.

SEC. 25, Separability Clause. - If, for any reason, any part or prov
declared invalid or unconstitutional, the remaining parts or provisions not affected thereby 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.14

SEC. 29, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

Approved,


Republic of i'he Philippines
HOUSE OF REP.RESENTATIVES
Quezon City, Metro Manila

SEVENTEBT 1 CONGRESS
t Regular Session

1294

House Bil \o.

Introduced by Re p. Florida P, Robes

EXPLANATORY NOTE"

It has been said that education, at all levels, is a powerful tool and a prime catalyst in
promoting the socioeconomic development and growth of a nation. In fact, the 1987
Constitution provides that it is the duty of the State to protect and promote quality and accessible
education for all (Section 1, Article XIV). 5

Of all levels of education, it is higher education that hamesses the productive capacity of
our human resource. A better tertiary education will lead to economic, security, and material
advances, all for the welfare of society. Good educational infrastructures will help contribute to
the development of communities. Also, higher education must transcend-curricular offerings as
it should provide opportunities to lift people from the morass of poverty. With better education
comes economic growth, job creation and competitiveness, And this is the real essence behind
the filing of the Bill establishing a government-funded university in the Lone District of San Jose

Del Monte, Bulacan.

Further, with the conclusion of the Millennium Development Goals or MDGs,
proponents claim the goal of achieving universal primary education has been reached, Critics
contend otherwise. This time, another set of development goals, the Sustainable Development
Goals or Global Goals which is an offspring of MDGs, offer a broader sustainability agenda
geared towards addressing the root cause of poverty. One of the 17 Sustainable Development
Goals is education which seeks to ensure inclusive and equitable quality education and promote
lifelong learning opportunities for all. It is no longer centered on primary education but
education in all levels, With these said, there is a need to strengthen and enhance education in the
tertiary level and make institutions of higher learning more accessible and available to our
people. The said establishment of a state university will definitely boost the city's economic
potential, At present, the only existing state-funded institutions of higher learning in the city are
the satellite campuses of the Bulacan State University and Bulacan Polytechnic College.


If this proposal is realized, the City of’ San Jose Del Monte will become competitive in
the light of the 2030 Agenda for Sustainable De velopment and ASEAN Integration. Anent this,
the approval of this Bill is earnestly sought.

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FLORIDA P. ROBES