Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Third Regular Session

HOUSE BILLNO. 7953

Introduced by Hon. Ma. Lucille L, Nava, MD

EXPLANATORY NOTE

This is a re-filed bill from the 16" Congress which seeks to convert the Guimaras
State College (GSC) into a state university to be known as the Guimaras State University.
During the last Congress, Rep. JC Rahman Nava filed House Bill No. 1153 which was
approved on third reading by the House of Representatives and was transmitted to the Senate
but was unfortunately not able to advance further.

GSC was created by Republic Act No. 9138 which converted the Guimaras
Polytechnic College in the Municipality of Buenavista and the West Visayas College of
Science and Technology - Mosqueda extension campus in the Municipality of Jordan into a
state college. For more than fifteen years, GSC served as the only tertiary educational
institution in the Province of Guimaras. It has provided the young men and women of the
province access to affordable and quality education. GSC has also continually produced
outstanding graduates and professionals through the years that have contributed to the
development of the community and the country.

Now, it is our aspiration to have the state college elevated into a university. With a
continuously growing population, we believe that upgrading the school would raise the
general standards of the institution thereby making it an ideal place for learning. This would
also enable GSC to offer more undergraduate and graduate courses so that students would not
have to go to Iloilo City and other nearby provinces. The upgrade would also help the school
improve the capabilities of its faculties and school facilities in order to better serve the
students.

For this reasons, we request for the immediate approval of this measure

MA. woul i We MD


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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No._7953

Introduced by: HON. MA. LUCILLE L. NAVA, MD

“AN ACT CONVERTING THE GUIMARAS STATE COLLEGE IN THE
PROVINCE OF GUIMARAS INTO A STATE UNIVERSITY TO BE
KNOWN AS THE GUIMARAS STATE UNIVERSITY AND
APPROPRIATING FUNDS THEREFOR”

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

SECTION 1. Conversion. — The Guimaras State College in the Municipality
of Buenavista, Province of Guimaras, including its Mosqueda campus in the
Municipality of Jordan, and its Baterna campus in the Municipality of San Lorenzo,
also in the Province of Guimaras, is hereby converted into a state university to be
known as the Guimaras State University, hereinafter referred to as the University.
The main campus of the University shall be in the Municipality of Buenavista,
Province of Guimaras

SEC. 2. General Mandate. — The University shall primarily provide
advanced education, higher technological, professional instruction and training in
the fields of education, technology, agriculture, fisheries, engineering, arts and
sciences, forestry, business administration, hotel, restaurant and management,
tourism, health sciences, computer technology, criminology, maritime and aviation,
education and other relevant fields of study. It shall also undertake research,
extension services and production activities in support of the socio-economic
development of the Province of Guimaras, and provide progressive leadership in its
areas of specialization


SEC. 3. Academic Freedom and Institutional Autonomy. ~ The University
shall enjoy academic freedom and institutional autonomy, pursuant to Paragraph 2,
Section 5 of Article XIV of the 1987 Philippine Constitution.

SEC. 4. Curricular Offerings. — The University shall offer undergraduate,
graduate and short-term courses within its areas of specialization and according to
its capabilities, as the Board of Regents may deem necessary to carry out its
objectives, particularly in order to meet the needs of the Province of Guimaras and
Region VI.

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

SEC. 6. The Governing Board. — The governing body of the University
shall be the Board of Regents, hereinafter referred to as the Board, and shall be
composed of the following:

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

b. The President of the University, Vice-Chairperson;

c. The Chairperson of the Committee on Education, Arts and Culture of
the Senate, member;

d. The Chairperson of the Committee on Higher and Technical Education
of the House of Representatives, member,

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

f. The Regional Director of the Department of Agriculture, member;
‘The Regional Director of the Department of Science and Technology in
Region VI, member;

h. The President of the federation of the faculty associations of the
University, member;

i. The President of the federation of student councils of the University,
member;

j. _ the President of the federation of alumni associations of the University,
member; and

k. Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or fields of specialization,
members.

The Board shall appoint the two (2) prominent citizens from among a list of
at least five (5) qualified persons in the Province of Guimaras where the University
and its campuses are located, as recommended by a search committee constituted by
the President of the University, in consultation with the Chairperson of the CHED
and the other members of the Board, based on the standards and qualifications for
the position.

The term of office of the President of the federation of faculty associations,
the President of the Federated Administrative Personnel Association, the President


of the federation of student councils, and the President of the federation of alumni
associations shall be coterminous with their respective terms of office, as set forth in
their respective constitutions and bylaws.

The two (2) prominent citizens shall serve for a term of two (2) years from
the date of appointment.

SEC. 7. Powers and Duties of the Board of Regents. — In addition to its
general powers of administration and the powers granted to the Board of Directors
of a corporation under existing laws, the Board shall have the following specific
powers and duties:

a) To promulgate and implement policies in accordance with declared State
policies and the provisions of the Philippine Constitution on education, agriculture,
science and technology, as well as the policies, standards and thrusts of the CHED
under Republic Act No. 7722, otherwise known as the “Higher Education Act of
1994”,

b) To promulgate rules and regulations not contrary to law as may be necessary
to carry out the purposes and objectives of the University,

©) 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

) To import economic, technical and cultural books and publications;

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

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

Any provision of existing laws, rule or regulation to the contrary
notwithstanding, any income generated by the University from tuition fees and other
charges, as well as from the operation of auxiliary services and land grants, shall be
retained by the University, and may be disbursed by the Board for instruction,
research, extension or other programs or projects of the University: Provided, That
all fiduciary fees shall be disbursed for the specific purposes for which these are
collected.

If, for reasons beyond its control, the University shall not be able to pursue
any project for which the funds have been appropriated and allocated under its
approved program of expenditures, the Board may authorize the use of said funds


for any reasonable purpose which, in its discretion, may be necessary and urgent for
the attainment of the objectives and goals of the University

g) To adopt and implement a free and socialized tuition and school fees to
poor qualified deserving students;

h) To authorize the construction or repair of its buildings, machinery,
equipment and other facilities, and the purchase and acquisition of real property,
including necessary supplies, materials and equipment;

i) To appoint upon recommendation of the President of the University, vice
presidents, deans, directors, heads of campuses, faculty members, and other officials
and employees of the University;

j) 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 other pertinent budget and compensation laws including
those governing hours of service and other duties and conditions as it may deem
proper; to grant them, at its discretion, leaves of absence under such regulations as it
may promulgate, any provision of existing law to the contrary notwithstanding; and
to remove them for cause in accordance with the requirements of due process of law;

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

1) To set policies on admission and graduation of students;

m) To award honorary degrees upon persons in recognition of their
outstanding contribution in the fields of education, public service, arts, science and
technology, agriculture or in any field of specialization within the academic
competence of the University, and to authorize the awarding of certificates of
completion of non-degree and nontraditional courses;

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

0) To establish research and extension centers of the University which will
promote the development of the latter,

p) To establish professorial chairs in the University and to provide
fellowships for qualified faculty members and scholarships to deserving students;

q) To delegate any of its powers and duties 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 University;


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

s) To collaborate with other governing boards of state colleges and
universities within the Province of Guimaras or Region VI, under the supervision of
the CHED and in consultation with the Department of Budget and Management
(DBM), and work towards the restructuring of the University to become more
efficient, relevant, productive and competitive,

t) To enter into joint ventures with business and industry for the profitable
development and management of the economic assets of the University, the proceeds
from which shall be used for the development and strengthening of the University,

u) To develop consortia and other economic forms of linkages with local
government units (LGUs), institutions and agencies, both public and private, local
and foreign, in furtherance of the purposes and objectives of the University;

¥) 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, researchers, as the case may be;

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

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

y) To privatize, where most advantageous to the University, management of
non-academic services including health, food, building or grounds or property
maintenance; and

2) 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 set by the Board, after unanimous recommendation
by the search committee.

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


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

In case the CHED Chairperson cannot attend a meeting of the Board, a
(CHED Commissioner duly designated by the CHED Chairperson as representative
to the meeting, shall have all the rights and responsibilities of a regular member:
Provided, however, That in the said meeting, the President of the University, as vice
chairperson, shall be the presiding officer: Provided, further, That this proviso,
notwithstanding, the Chairperson of the CHED is hereby authorized to designate a
CHED Commissioner as the regular Chairperson of the Board, in which case, the
said CHED Commissioner, as the regular Chairperson of the Board, shall act as the
presiding officer.

In case the Chairpersons of the Senate Committee on Education, Arts and
Culture and House Committee on Higher and Technical Education shall not be able
to attend the Board meeting, they may duly designate their respective representatives
to attend the meeting, who shall have the same rights and responsibilities as a
regular member of the Board

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

SEC. 9. The University President. — The University shall be headed by a
President, who shall render full-time service and who shall be appointed by the
Board, subject to the guidelines, qualifications and standards set by the Board, upon
recommendation of a duly constituted search committee. The University President
shall have a term of four (4) years and shall be eligible for reappointment for another
term: Provided, That in order to effect the smooth transition to a state university, the
incumbent president of the Guimaras State College, if qualified, shall serve as the
first president of the University.

Within six (6) months before the expiration of the term of office of the
incumbent President of the University, the Board shall constitute the Search
Committee for the Presidency (SCP).

In case of vacancy in the Office of the President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of the President
to perform the functions of the office, the Board shall designate an Officer-in-
Charge (OIC) of the University within six (6) months from date of vacancy, pending
the appointment of a new President. The successor or the OIC shall serve only for
the unexpired portion of the term.

The powers and duties of the President of the University, in addition to those
specifically provided in this Act, 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 by the presidents of similar educational institutions.

The President of the University shall be assisted by a Vice President for
‘Academic Affairs, Vice President for Administration and Finance, Vice President for
Research and Extension, who shall be appointed by the Board upon the
recommendation of the President of the University

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

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

SEC. 12. The Administrative Council, — There shall be an Administrative
Council consisting of the President of the University as Chairperson, and the Vice
Presidents, Campus Administrators, Deans, Directors and other officials of equal
rank as members, whose duties are to review and recommend to the Board policies
governing the administration, management and development planning of the
University.

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

The Academic Council shall have the power to review and recommend the
curricular offerings and rules of discipline of the University, subject to the approval
of the Board. It shall fix the requirements for the admission of students, as well as
for their graduation and conferment of degrees, subject to review and approval by
the Board through the President of the University. It shall have the disciplinary
power over students of the University and shall formulate academic policies and
rules and regulations on discipline, subject to the approval of the Board

SEC. 14. The Faculty. ~ No political belief, gender preference, cultural or
‘community affiliation or ethnic origin, and religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the University
Provided, That said appointment shall be subject to the guidelines, qualifications
and standards set by the Board: Provided, further, That no member of the faculty
shall teach for or against any particular church or religious sect.

SEC. 15. Scholarship Program and Admission. — The University shall
provide a scholarship program and other affirmative action programs to assist poor
but deserving students who qualify for admission to the University.

No student shall be denied admission to the University by reason of gender,
religion, cultural or community affiliation or ethnic origin.


SEC. 16. Authority to Loan or Transfer Apparatus, Equipment, Supplies
and Detail of Personnel. — The heads of the bureaus and offices of the national
government are hereby authorized to loan or transfer, upon the request of the
President of the University, such apparatus, equipment or supplies as may be needed
by the University, and to detail employees for duty therein when, in the judgment of
the head of bureau or office, such apparatus, equipment, supplies or services of such
employees can be spared without serious detriment to public service.

The employees so detailed shall perform such duties as required of them by
the President of the University, and the time so employed shall be counted as part of
their regular services,

SEC. 17. Assets, Liabilities and Personnel. — All assets, real and personal,
personnel and records of the Guimaras State College, including those of the
extension campuses in the municipalities of Jordan and San Lorenzo, as well as
liabilities or obligations, are hereby transferred to the University. The positions,
rights and security of tenure of faculty members and personne! therein employed
under existing laws prior to the conversion into a University shall be respected.

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

SEC. 18. Tax Exemption on Importation and Donations. - The importation
of economic, technical and cultural books or publications, which are for economic,
technical, vocational, scientific, philosophical, historical or cultural purposes made
by the University upon certification by the CHED shall be exempt from customs
duties in accordance with the provisions of RA No. 10863 otherwise known as the
“Customs Modernization and Tariff Act”

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. 19. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s appropriations for
the Guimaras State College until such time that its full funding requirements as
integrated to the University is included in the annual General Appropriations Act
Thereafter, such sums as may be necessary for the continued operation and
maintenance of the University shall be included in the annual General
Appropriations Act.

SEC. 20. Development Plan, Management Audit, and Academic Structure.
~ Within the period of one hundred twenty (120) days after the approval of this Act,
the University shall accomplish the following


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

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

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

SEC. 21. Filing of Report. ~ On or before the fifteenth (15th) day of the
second month after the opening of the regular classes each year, the Board shall file
with the Office of the President of the Philippines, through the Chairperson of the
CHED, and with both Houses of Congress, a detailed report on the progress,
conditions and needs of the University.

SEC. 22. Suppletory Application. — The provisions of RA No. 8292,
otherwise known as the “Higher Education Modernization Act of 1997”, shall be an
integral part of this Act and shall serve as part of the Governing Charter of the
University

SEC. 23. Compliance with CHED Requirements. — The provisions of this
Act notwithstanding, the conversion of the institution into a state university shall
become effective only upon the determination and declaration by the CHED, based
on the recommendation of a panel of experts it shall constitute for the purpose, that
the institution has complied with the requirements for a university status based on
CHED Memorandum Order No. 46, series of 2012 (Policy Standards to Enhance
Quality Assurance (QA) in Philippine Higher Education, through the Outcomes-
Based and Typology-Based QA): Provided, That the panel may issue such a
recommendation when the institution has substantially complied with the
requirements for the grant of university status.

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

a. Faculty members who possess relevant degrees in their areas of
specialization, as required by the CHED, and shall have participated in research and
development activities in their respective disciplines, as evidenced by refereed
publications and other scholarly outputs,

b. A comprehensive range of degree programs in all levels, from basic post-
secondary to doctoral programs;

c. Viable research programs in specific (disciplinal and multidisciplinary)
areas of study that produce new knowledge, as evidenced by refereed publications,
citations, inventions, and patents, among others.;

d. Comprehensive learning resources and support structures, to include
libraries, practicum laboratories, relevant educational resources, and linkages with
the relevant disciplinal and professional sectors, to allow students to explore basic,
advance, and even cutting edge knowledge in a wide range of disciplines or
professions;


e. Active and ongoing linkages and affiliation with other research institutions
in various parts of the world that would ensure that the research activities of the
university are functioning at current global standards; and

£ Outreach activities that allow the students, faculty, and research staff to
apply the new knowledge they generate to address specific social development
problems broadly defined.

The institution shall retain its status prior to the effectivity of this Act, unless
in the meantime it is able to comply with the requirements provided herein, within a
period not later than January 01, 2021

SEC. 24. Parity Clause. — All other powers, functions and privileges,
responsibilities and limitations to state universities and their officials under existing
laws shall be deemed granted to or imposed upon the University and its officials
whenever appropriate

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

Sec. 26. Separability Clause. — If, for any reason, any part or provision of
this Act is declared invalid or unconstitutional, the remaining parts or provisions not
affected thereby shall remain in full force and effect.

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

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

Approved,

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