HOUSE 1F REPRESENT, ATIWVES
RECEIVED
7 JUL 2018

Republic of the Philippines
House of the Representatives
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

REGISTRATION UNIT

991 BiLis
nousk BILL No, 228.4 AND INDEX SERVICE

Introduced by: Congressman Lord Allan Jay Q. Velasco

EXPLANA

RY NOTE

This bill secks the conversion of the Marinduque State College (MSC) including its Satellite
Campuses in the Provinee of Marinduque into a State University to be known as the Marindugue
State University (MSU),

As a state institution of learning, Marinduque State College beginning and development could be
traced to a number of legislation that catapulted MSC to its present status as a premier college in
the province and in the region ~ as manifested by its impressive performance in instruction,
research and extension and production,

MSC was founded on June 21, 1952 when House Bill No, 2743 authored by then Congressman
Panfilo Manguera of Marinduque was signed into law as Republic Act 805 by President Etpidio
Quirino.

Since its establishment, MSC continues to develop as an institution of higher learning. [1
revohutionalize its methodologies and strategies to live up to its mission of providing quality,
responsive and dynamic leadership in the areas of Education, Technology, Engineering.
Fisheries, Culture, Arts, Arts and Sciences to empower God-fearing individuals who are
innovators and protectors for the sustainable development of the province and the country as a
whole vis-a-vis its vision of achieving the status of being a premier college in the Region along
the fields of Instruction, Research, Extension and Production.

AL present, Marinduque State College in its 25" Anniversary as a State College is pro
rapidly toward the attainment of its Universityhood. Courses in Engineering, Allied Me
Entrepreneurship, Communication and Tourism, and Information Technology are offered in
addition to the Industrial ‘Technology and Teacher Fducation. As an evidence of the high quality
of education, its graduates attained the 7” place in Civil Engineering Board! Examination st
Place in Agriculturist Licensure Examination and 8" Place in Electrical Engineering Boar!
Examination this School Year while other courses obtained passing percentage higher than
national passing percentage.

ressing

cine.



Given all the foregoing, it is already high time for its conversion to a University. ‘The conversion
of the MSC into a university will bring the government closer to the poor but de:
\vho cannot afford private higher edus
provinees.

rving students
tion in the Province of Marinduque and neighboring

Consistent with the constitutional mandate which provides that the State must establish and
maintain a complete, adequate and integrated system of education relevant to the goals of
national development, this bill becomes imperative.

In view of the foregoing, approval of this bill is highly recommended

ae \
LORD ALLAN FAY Q. VELASCO.



Republic of the Philippines
House of the Representatives
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BILL No, 1284

Introduced by: Congressman Lord Allan Jay Q. Velasco

AN ACT CONVERTING THE MARINDUQUE STATE COLLEGE

MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE INTO

UNIVERSITY TO BE KNOWN AS THE MARINDUQUE STATE UNIV
APPROPRIATING FUNDS THEREFOR

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

TION 1, Conversion. ~ The Marinduque State College in the Municipality of Boac, Province
jarinduque is hereby converted into a state university to be known as the Marinduque State

Uniy
campuses of Sta, Cruz,
Municipality of Boac.

san and Torrijos. The main campus of the University shall be in the

SECTION 2. General Mandate. ~ The University shall primarily provide advanced education,
higher technological and professional instruction and training in education, science and
ngineering, environment, agriculture, fisheries, arts and sciences, administration.
iness and management, health sciences and other relevant fields of study. It shall also
© research and extension services, and provide progressive leadership in its areas of

shall enjoy
XIV

SECTION 3. Academic Freedom and Institutional Autonomy. — The Unive
academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5 of Ari
of the Constitution of the Republic of the Philippines.

SECTION 4. Curricular Offerings. — The University shall offer undergraduate and graduate
courses in the fields of education, science and technology, engineering, environment, agriculture,
arts and sciences, business administration and management, health sciences and other
degrees/courses within the University’s areas of specialization and according to its capabilities.
as the Board of Regents may deem necessary to carry out its objectives, particularly to meet the
needs of the Province of Marinduque and Region IV-B.



The existing high school shall be transferred to the jurisdiction and supervision of the
Department of Education (DepED): Provided, that the high school shall be allowed to remain
and operate within the campus of the College until the existing students shall have completed
their high school education: Provided, further, that the college may operate reasonably-sized
laboratory school under its College of Educatio: Provided, furthermore, that the existing graduate
schoo shall become an integral part of the College of Education

SECTION 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

SECTION 6. The Governing Board. ~ The governing board of the University shall be the Boar
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), Chairperson;

(b) The President of the Ui

crsity, Vice-Chairperson;

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

(a) ‘The Chairperson of the Committee on Higher and ‘Technical Education of the House of
Representatives, member:

Jeonomic and Development Authority (NEDA),

(c) ‘The Regional Director of the National
member;

(1) The Regional Director of the Department of Science and Technology (DOS), member:

The President of the l'ederation 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:

() ‘Two (2) prominent citizens from the private sector who have distinguished themselves in
their profession or fields of specialization, as 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 Marinduque, whose nominations were submitted
to the Board after publication of at least two (2) consecutive weeks, 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.


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

SECTION

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 the powers granted to the board of directors of a corporation under existing laws:

(a)

(b)

(©)

(d)

(e)

(fh)

Yo promulgate and implement policies in accordance with the declared State policies
and 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. 7722, otherwise known as the “Higher Education Act of 1994”;

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

‘To import economie, technical and cultural books and/or publications;
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
y, and subject to the limitations, directions and instructions of the donor, I!

1o fix, the tuition fees and other necessary school charges, such as, but not limited 10,
matriculation fees, graduation fees and laboratory fees, as the Board may deem proper
to impose, afier due consultations with the involved sectors. Such fees and charges
inchiding government subsidies and other income generated by the University, shill
constitute special trust funds and shall be deposited in any authorized government
depository bank, and all interests 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 land grants, shall be retained by the
University, and may be disbursed by the Board for instruction, research, extension oF
other programs/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 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 Universi



(z) To adopt and implement a socialized scheme of tuition and other school fees for
greater access to poor but 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 departments, faculty members, and other officials and
employees of the University;

(i) Yo 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 and other pertinent budget and compensation Jaws including
those governing hours of service and such other duties and conditions as it may deem
proper; to grant them, at its discretion, leaves of absences under such regulations as it
may promulgate, any provision of existing law 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 diseipline drawn by the
Administrative and Academie Councils herein provided;

(I). 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-de;
and non-traditional cours

(n) To establish and absorb non-chartered tertiary institutions within the Province of
Marinduque as branches or centers in coordination with the CHED, and in
onsultation with the Department of Budget and Management(DBM), and to ofr
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 where such will promote
the development of the latter;

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


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

() 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); aus
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 Marinduque or Region IV-B, under the supervision of the CHED and
in consultation with the DBM, and work towards restructuring of the University to
become more efficient, relevant, productive and competitive;

(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
the furtherance of the purposes and objectives of the Univers

(v) To develop academic arrangement for institutional capability 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;

(wv) To set up the adoption of modem and innovative modes of transmitting knowledge.
such as the use of information technology, the dual learning system, open learning or
distance education and commu laboratory for the promotion of greater access (0
education;

fablish 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 such as health, food building or grounds or property maintenance
and such other si i

(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.


SECTION 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, 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 meeting: Provided, however, that the Chairperson of the Board or the President of
the University is among those present in the meeting. Provided, however, that the
Chairperson of the Board or the President of the University is among those present in the
meeting. If the Chairperson of the CHED is unable to attend, a Commissioner may be
designated as representative to the meeting with all the rights and responsibilities of @
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 nowwithstanding, the Chairperson of the CHED is hereby authorized to
‘ated a CHED Commissioner as the regular Chair of the Board, in which case said
CHED Commissioner shall act as presiding officer.

desi

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 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.

SECTION 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, subject (o the guidelines.
qualifications and standards set by the Board, upon recommendation of a duly constituted seareh
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 a smooth transition (o a stale
university. the incumbent president of the Marinduque State College, 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, 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 of incapacity of the President to perform the
functions of the office, the Board shall designate an Office-in-Charge of the University
within six (6) months from date of vacancy, pending the appointment of a new President
The successor of the Officer-In-Charge shall serve only 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, as modified by Joint Resolution No.4
dated June 17, 2009 and other pertinent budget and compensation laws, 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-Presiden/s, who shall be
appointed by the Board upon recommendation of the President

SECTION 10. Heady of the University Campuses. ~ Campus Directors shall head the university
campuses and they shall render full-time service. They shall be appointed by the Board upon
recommendation of the search commitee and the President of the University, subject (o the
guidelines, qualifications and/or standards set by the Board: Provided, That the incumbent
College Administrators of the extension campuses, if qualified, shall serve as the respective
Campus Directors,

who shall

SECTION 11, The Secretary of the University. ~ The board shall appoint a Sceretar
serve as such for both the Board and the University ad shall keep all records and proceedings of
the Board. The Secretary shall serve upon each member of the Board the appropriate notice of
Board meetings

SECTION 12, The Treasurer of the University. ~ The Treasurer of the Philippines shall be the ex
ofticio Treasurer of the University.

SECTION 13. The Administrative Council. There shall be an Administrative Council

-Presidents, deans, directors

consisting of the President of the University as Chairperson, Vi
and other officials of equal rank as members, whose duty is to review and recommend to the
Board policies governing the administration, management and development planning of the
University

SECTION 14. The Academic Council. ~ There shall be an Academie 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 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 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,

SECTION 15. The Faculty. ~ No political beliefs, 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/or standards set by the Board: Provided fiurther, That
ho member of the faculty shall teach for or against any particular church or religious sect,

SECTION 16. Scholarship Program/Admission, — The University shall provide a scholarship
program and other affirmative action programs to assist poor but deserving students who qualily
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

SECTION 17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of
Personnel. ~ ‘Vhe heads of the bureaus and offices of the national government are hereby
authorized to loan or transter, 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.

SECTION 18. Asyets, Liabilities and Personnel. — All ts, real and personal, personnel and
vecords of the Marinduque State College, as well as liabilities or obligations, are hereby
transferred to the University. The positions, rights and security of tenure of faculty members and
personnel therein employed under existing laws prior to the conversion into a University shall be
respected

All parcels of land belonging to the government and occupied by the Marinduque 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
stich parcels of land aforementioned be no longer needed by the University, the same
shall revert to the LGUs concerned,

SECTION 19, 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 the
Fariff and Customs Code of the Philippines, as amended.

Donations in any form to the University shall be exempy from the donor's tax and the
same shall be considered allowable deduction from the gross income in the computation
of the income tax of the donor, in accordance with provisions of the National Internal
Revenue Code of 1997, as amended.

jons of this Act

SECTION 20. Appropriations, ~ The amount necessary to carry out the provi
shall be charged against the current year’s appropriations of the Marinduque State Colle:
Uhereatier, such sums as may be necessary for the continued operation and maintenance of the
Marinduque State University shall be included in the annual General Appropriations Act.



SECTION 21. Development Plan, Management Audit, Organizational/Administrative/Acudemi¢
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 (5)-year development plan, including its corresponding program budget to
the CHED, for corresponding recommendations to the DBM;

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

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

SECTION 22. Filing of Report, — On or before the fifteenth (15") day of the second (2) 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, and needs of the University.

SECTION 23. 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 und shall serve as part of the Governing Charter of the University.

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

SECTION 25. Implementing Rules and Regulations. ~ The Board, in consultation with CHED.
shall formulate the guidelines to fully implement the provisions of this Act

SECTION 26. Separability Clause. — If, for any reasons, 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.

SECTION 27. Repeating Clause. ~ All laws, presidential decrees, executive order, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 28. Effectivity. - This Act shall take effect fifteen (15) days afier its publication in two
(2) newspapers of general circulation.

Approved,