Republic of the Philippines | TIME:

HOUSE OF REPRESENTATIVES \e. BY;
Quezon City AS
SIXTEENTH CONGRESS “~~
Second Regular Session
HOUSE BILL No. 58 3 3

Introduced by: Honorable Noel L. Villanueva

AN ACT CONVERTING THE TARLAC COLLEGE OF AGRICULTURE (TCA) IN THE
MUNICIPALITY OF CAMILING, PROVINCE OF TARLAC INTO A STATE UNIVERSITY
TO BE KNOWN AS THE TARLAC AGRICULTURAL UNIVERSITY AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

TCA is the only state college in Tarlac mandated by law to spearhead agro-industrial
development in the province through the implementation of relevant agri-based educational
programs including viable research, extension and production projects.

TCA has undergone institutional development and progressive transformation for 69 years,
originally known as Camiling Vocational Agricultural High School in 1945 until it became an
independent agricultural college as Tarlac College of Agriculture (TCA) by virtue of Presidential
Decree 609 on December 18, 1974.

TCA’s structural and institutional evolution greatly marked its vast contribution in
developing the agri-based economy of the province and the neighboring provinces. It is now high
time for TCA to transform its present status into a state university as an answer to its growing thrust
to the public in contributing to the agro-industrial development of the Region.

Considering the unprecedented and growing demands of the community and the labor
market for a more specialized and expanded services of the College in agricultural education and
other related fields, itis imperative that TCA be converted into an agricultural university.

The conversion of the Tarlac College of Agriculture (TCA) into Tarlac Agricultural
University (TAU) will not affect other universities because the future TAU will solely specialize in
promoting agriculture and agriculture-related fields in the province. Other universities offering
agriculture-related programs are far from the province and are not accessible to prospective students
within Tarlac and the nearby provinces,

‘The proposed TAU which started as an agricultural college will be a specialized agricultural
university in the Region. Once converted, the institution shall become a potential avenue for
intensified collaborative researches as well as technology promotion and commercialization thereby
attracting more students from the other areas in the country and in the Southeast Asian Region as
well,

Moreover, institutional development will be established and its thrust in harnessing the
agricultural researches and studies will be intensified and its performance as a higher education
institution will be uplifted to produce technically-equipped agriculturists, technicians, and other
professionals indispensable in the development of Tarlac and the country as a whole.

In order to address the urgent clamor of the academic community and stakeholders to
upgrade the status of the Tarlac College of Agriculture into a university, this House Bill has adopted
en toto Senate Bill No. 2744 which was authored by Senator Paolo Benigno “Bay” A. Aquino IV.

LAR

NOEL L. VILLANUEVA
Representative
Third District, Tarlac

oN

RECEIVED @\
Date: Sal



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL No.__5833

Introduced by: Honorable Noel L. Villanueva

AN ACT CONVERTING THE TARLAC COLLEGE OF AGRICULTURE (TCA) IN.

THE MUNICIPALITY OF CAMILING, PROVINCE OF TARLAC INTO A STATE

UNIVERSITY TO BE KNOWN AS THE TARLAC AGRICULTURAL 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 Tarlac College of Agriculture (TCA) in the Municipality of
Camiling, Province of Tarlac is hereby converted into a state university to be known as the
Tarlac Agricultural University, hereinafter referred to as the University.

SEC. 2. General Mandate. — The University shall primarily provide advanced education, higher
technological, professional instruction and training in the fields of agriculture, science &
technology, teacher education, engineering, agribusiness management, nontraditional courses
and other relevant fields of study. It shall also undertake research, extension services and
production activities in support of the development of the Province of Tarlac 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 Constitution of the Republic of the Philippines.

SEC. 4. Curricular Offerings. — The University shall offer undergraduate and graduate courses
in the fields of agriculture, science & technology, teacher education, engineering, agribusiness
management, and other 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 meeting
the needs of the Province of Tarlac and Region III.

‘The University may operate a reasonably-sized laboratory school under its College of Education

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 board of the 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), Chairperson;

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


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

(4) 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;

(£) The Regional Director of the Department of Agriculture (DA), member;
(g) The President of the faculty association of the University, member,

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

(i) The President of the alumni association of the University, member; and

(j) Two (2) prominent citizens from the private sector who have distinguished themselves in their
profession or fields of specialization of the University, 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 Tarlac, 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 term of office of the President of the faculty association, the President of the student council
and the President of the alumni association shall be coterminous with their respective terms of
office, as set forth in their respective constitutions and by-laws.

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. - 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) To promulgate and implement policies in accordance with the 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 functions of the University;

(c) 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 University;

(d) 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 Tariffs and Customs Code, as amended;

(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;


() 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 the 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 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 or 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
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 socialized scheme of tuition and 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 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 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:

(k) To approve the curricula, instructional programs and rules of discipline drawn by the
Administrative and 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 nondegree and nontraditional courses;

(n) To establish and absorb nonchartered tertiary institutions within the Province of Tarlac 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 where such 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 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 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); and to institute reforms,
including academic and structural changes, on the basis of the audit results and
recommendations;

(3) To collaborate with other governing boards of the state colleges and universities within the
Province of Tarlac or Region III, 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;

(1) 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 University;

(v) 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:

(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, the management of nonacademic
services such as health, food, building or grounds or property maintenance and such other similar
activities; and

(z) 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, 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 one’s absence, the Chairperson of the CHED shall designate a Commissioner of the CHED as
representative 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 Committces 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,

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 a smooth transition to a state
university, the incumbent President of the TCA 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 of the University within six (6) months
from the date of vacancy, pending the appointment of a new President, The successor or 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 and shall be comparable to that being received
by the Presidents of similar educational institutions.

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

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 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, 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 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 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 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 /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. 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 the bureau or office, such apparatus, equipment,
supplies or services of such employees can be spared without serious detriment to public service,

‘The employces 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 TCA, 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 occupied by the TCA are hereby declared to be
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 parcels of land aforementioned be no
longer needed by the University, the same shall revert to the LGU concerned or the Republic of
the Philippines, as the case may be.

SEC. 18. Tax Exemption on Importation and Donations. — The importation of economic,
technical and cultural books and/or publications, which is 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
Tariff and Customs Code of the Philippines, as amended,

Donations in any form to the University shall be exempt from the donor’s tax and the same shall
be considered as allowable deduction 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 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 of the TCA except the sums needed for the
continued operation of the existing high school. 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, Organizational/Administrative/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 (5)-year development plan, including its corresponding program budget to the
CHED, for corresponding recommendation to the DBM;

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

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

SEC. 21. Filing of Report. - On or before the fifteenth (15th) day of the second (2nd) 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 shall serve as part of the Governing Charter of the University.

SEC. 23. 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 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.

‘The CHED shall designate a panel of experts who shall prepare a recommendation to the
Chairperson of the CHED, on whether the institution has substantially complied with the
requirements for the grant of university status.

The following are the operational requirements for a university:

(a) Level III accreditation or equivalent under CHED policies for at least four (4) of its
undergraduate programs, one (1) in liberal arts and one (1) in the sciences, and two (2) of its
graduate programs;

(b) Ratio of qualified full-time faculty with requisite degrees to number of students;

(c) Adequate library and laboratories;

(@) Research and development output of practical and commercial application to the community;
(e) Relevant linkages and outreach programs that are of service to the community; and

(£) Relevant academic policies, systems and processes.

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.

sae


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. ~ The Board, in consultation with the CHED,
shall formulate the guidelines to fully implement the 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 two (2)
newspapers of general circulation.

Approved,