Republic of the Philippines
House of Representatives
Quezon City

Sixteenth Congress
First Regular Session

1153

House Bill No.

Introduced by Hon. JC Rahman A. Nava, M.D.

Explanatory Note

This bill seeks to convert the Guimaras State College (GSC) into a state
university to be known as the Guimaras State University

For more than a decade, the Guimaras State College has served as the only
tertiary educational institution in the Province of Guimaras. The GSC was created on
June 2001 by virtue of 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, Since then, the GSC has always been committed in providing
quality education for the young men and women in the Province. It has also strived to
produce outstanding graduates and professionals that, in one way or the other, have
contributed to the development of the community and the country.

Now, it is our aspiration to have the state college elevated into a state university.
We see the need to improve the facilities of the institution in order that better quality of
education would be available to our students. We also hope that more courses would be
offered so that students need not to go to Iloilo City and other nearby provinces in order
to take courses that are not available. Furthermore, we believe that by upgrading the
GSC into a state university, it would raise the general standards of the institution
thereby making it an ideal place for learning

For this reasons, immediate approval of this measure is earnestly requested.

\ feeanaaee

JC RAHMAN A. NAVA, M.D.


Republic of the Philippines
House of Representatives
Quezon City

Sixteenth Congress
First Regular Session

=
House Bill No.__ 1153

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.

Introduced by Hon. JC Rahman A. Nava, M.D.

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

Section 1. Conversion. -The Guimaras State College (GSC) in the Municipality of
Buenavista, Province of Guimaras including the GSC Mosqueda campus in the
Municipality of Jordan 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 and professional instruction in the fields of education,
agriculture, fishery, engineering, arts and sciences, forestry, business, health, computer,
criminology, maritime 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. 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 the region.

Sec. 4. 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 insofar as authorized by the Board

Sec. 5. The Governing Board. - The Governing Board of the state university shall

be the Board of Regents, hereinafter referred to as the Board, which shall be composed
of the following

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

(b) President of the University, as vice chairperson;

(c) Chairperson of the Committee on Education, Arts and Culture of the Senate,
as member,

(d) Chairperson of the Committee on Higher and Technical Education, House of
Representatives, as member;

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

(f) Regional Director of the Department of Agriculture (DA), as member:

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

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

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

(j) Two (2) prominent citizens who have distinguished themselves in their
professions or fields of specialization of the University, as members.

The Board of Regents shall appoint two (2) prominent citizens from among a list
of at least five (5) persons qualified in the Province of Guimaras, as recommended by
the search committee constituted by the University president, in consultation with the


Chairperson of the CHED, based on the normal standards and qualifications for the
position set by the Board

The term of office of the president of the federation of faculty associations, the
president of the federation of student councils, and the president of the federation of
alumni associations shall be coterminous with their respective terms of office, as set
forth in their respective Constitutions and By-Laws

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

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 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."

Sec. 7. Powers and Duties of the Board of Regents. - The Board shall have the
following specific powers and duties in addition to its general powers of administration

and the exercise of all powers granted to the board of directors of a corporation under
existing laws

(a) To promulgate rules and regulations 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, to carry out the
purposes and functions of the University;

(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, as amended;

(d) 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.

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), as amended: Provided, That such donations
shall not be disposed of, transferred or sold;

(e) 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 consultations with involved sectors,

Such fees and charges, including government subsidies and other income
generated by the University, shall constitute special trust funds and shall be
deposited in any authorized government depository bank, and all interest that
shall accrue therefrom shall form part of the same funds for the use of the
University;

Any provision of existing laws, rules and 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 other
grants, shall be retained by the University, and may be disbursed by the Board
for instruction, research, extension or other programs/projects of the University:
Provided, That all fiduciary fees shall be disbursed for the specific purpose for
which they are collected;

If, for any reason beyond its control, the University shall not be able to pursue
any project for which 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, may be necessary and
urgent for the attainment of the objectives and goals of the University;

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

(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, chancellors, directors, heads of campuses, faculty members
and other officials and employees of the University;

(i) To fix and adjust salaries of faculty members, administrative officials and
employees subject to the provisions of the Revised Compensation and Position
Classification System and other pertinent budget and compensation laws
governing hours of service, and such other duties and conditions as it may deem
proper; to grant them, at its discretion, leaves of absence under such regulations


as it may promulgate, any provision of existing laws to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;

(j) To approve the curricula, institutional programs and rules of discipline drawn
by the administrative and academic councils as herein provided;

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

(I) To award honorary degrees upon persons in recognition of outstanding
contribution in the field of agriculture or 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 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;

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

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

(p) To delegate any of its powers and duties provided for herein above to the
president and/or other officials of the University as it may deem appropriate, so
as to expedite the administration of the University;

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

(r) To collaborate with the governing boards of state universities and colleges
within the Province of Guimaras or the region, under the supervision of the
CHED and in consultation with the DBM, and work towards the restructuring of
the University to become more efficient, relevant, productive and competitive.

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


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

(u) To develop academic arrangements for institution capability building with
appropriate institutions and agencies, both 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 maybe;

(v) 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, for the promotion of
greater access to higher 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, management of
nonacademic services such as health, food, building, grounds or property
maintenance and similar activities; and

(y) To extend the term of the president of the University 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 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 a majority of all its members holding office
at the time of the meeting: Provided, however, That the Chairperson of the CHED 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 him/her, shall represent him/her in the meeting with 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 Chair of the Board of
Regents, 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 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 attendance
to meetings 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. He/She shall be appointed by the Board, upon
recommendation of a duly constituted search committee. He/She shall hold office for a
term of four (4) years and shall be eligible for reappointment for another term: Provided
That in order to effect a smooth transition to a state university, the president of the
Guimaras State College, if qualified, shall serve as the first president of the University

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 of the University shall
hold office for the unexpired term only

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 received by the presidents of similar educational institutions

Sec. 10. The Administrative Council. - There shall be an Administrative Council
consisting of the president of the University as chairperson, the vice president(s)
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 for appropriate action.

Sec. 11. The Academic Council. - There shall be an Academic Council with the
president of the University 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 review and recommend 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/or approval of the Board of Regents
through the president of the University. It shall have disciplinary power over the students
of the University and shall formulate academic policies, rules and regulations on
discipline, subject to the approval of the Board of Regents.

Sec. 12. The Secretary of the University. - The Board shall appoint a secretary,
who shall serve as such for both the Board and the University and shall keep all records

and proceedings of the Board, He/She shall communicate to each member of the Board
the notices of meetings

Sec. 13. The Treasurer of the University. - The Treasurer of the Philippines shall
be the ex officio treasurer of the University.

Sec. 14, 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 of faculty members in the University: Provided, however, That no member
of the faculty shall teach for or against any particular church or religious sect

Sec. 15. Scholarship Program/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 sex, religion,
cultural or community affiliation or ethnic origin

Sec. 16. 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. 17. Authority to Loan or Transfer. - The heads of bureaus and offices of the
national government are hereby authorized to loan or transfer, upon 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
bureau or office, such apparatus, equipment, supplies or services of such employees
can be spared without serious detriment to public service. 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, 18. Assets, Liabilities and Personnel, - All assets, real and personal,
personnel and records of the Guimaras State College, as well as liabilities or
obligations, are hereby transferred to the University, The positions, rights and security of
tenure of the personnel therein employed under existing laws shall be respected


Alll parcels of land belonging to the government and 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
such parcels of land aforementioned be no longer needed by the University, the same
shall revert to the Province of Guimaras

Sec. 19. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be charged against the current year's appropriations of the Guimaras State
College, except the sums needed to continue the operations of the existing high
schools. Thereafter, such sums as may be necessary for the continued operation and
maintenance of the Guimaras State University shall be included in the annual General
Appropriations Act.

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

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

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

3. Accordingly set-up its organizational, administrative as well as academic structure.
including the appointment/designation of key University officials

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 Republic Act No. 8292,
otherwise known as the "Higher Education Modernization Act of 1997", shall be an
integral part of this Act and together shall serve as part of the Governing Charter of the
University.

Sec. 23, Repealing Clause. -All laws, presidential decrees, executive orders,
rules and regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Sec, 24. Effectivity. - This Act shall take effect upon its approval

Approved,