Repubhc of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBinNo'.      3't04
J'     RECEIVED
DATE 1.q=__MAY   2023
:.   TIME_ae
Introduced by Representative FRANCISC0 PAOLO P. ORTEGA V
AN ACT
ESTABLISHING  THE  OPEN  UNIVERSITY  0F  THE  DON  MARIANO  MARCOS
MEMORIAL STATE UNIVERSITY IN THE CITY 0F SAN FERNANDO, PROVINCE
0F IA UNION AND APPROPRIATING FUNDS THEREFOR.
EXPLANATORY NOTE
The  Do#  M¢~.¢#o  M¢rfof  Mcj#o~.4/ J/z7/€  U#?.41c#j.giv  @MMMSU)  was  created  by  virtue  of
Presidential Decree No.  1778, which was signed by President Ferdinand E. Marcos on January 15,
1981. It is the lone state university in La Union that offers quality and accessible world-class education
to the residents of La Union and nearby provinces.
The DMMMSU  Open University System @OUS), located in the City of San Fernando, La
Union,  is  the  distance  education  arm  of the  Don  Mariano  Marcos  Memorial  State  University  in
Northern Philippines. It provides distance learning to people who have no access to schools, colleges,
and universities or for those who cannot avail themselves of the conventional mode of instruction.
As has been the expedence during the pandemic, online leaning became the major instrument
for students to continue their education despite the challenges imposed by the virus. The DOUS has
been offering this service and this experience was tapped in pushing for online learning throughout
DMMMSU. As we move forward with the new normal, the DOUS will continue to push innovations
in leaming that will help not only those who are near universities but also those who are in the far
comers of the country and even the world.
Since the DOUS plays an important role in the education of the future generation, its funding
needs to be made certain, available, and secure. This bill seeks to establish the Open University of
Don  Mariano   Marcos   Memorial   State  University  to   provide   accessible  and  high-quality


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
|St Regular Session
HouseBillNo.    8.'.04
Introduced by Representative FRANCISC0 PAOL0 P. ORTEGA V
AN ACT
ESTABLISHING  THE  OPEN  UNIVERSITY  OF  THE  DON  MARIANO  MARCOS
MEMORIAL STATE UNIVERSITY IN THE CITY OF SAN FERNANDO, PROVINCE
0F IA UNION AND APPROPRIATING FUNDS THEREFOR.
Be it enaded ky the Senate and House Of RapresentatiueJ Of the Pbibppines in Congms aJJemlJled:
SECTION  1.  .Z7sfabrfu.chnzenf.  There  is  hereby  established  the  Don  Mariano  Marcos
Memorial State University @MMMSU) - Open University @OU) in the City of San Fernando, La
Union. It shall operate as an autonomous academic unit of the University..
SEC. 2.  Cefler:j3/ jn4:andaf€. The DMMMSU Open University, hereinafter referred to as the
`DOU" shall primarily provide distance education to people who have no access to schools, colleges,
and  universities  or  to  those  who,  for  one  reason  or  another,  cannot  avail  themselves  of  the
conventional mode of instruction. The paramount goal of the system is to strengthen the competence
of highly qualified professionals for research and consultancy, managerial positions, outcome-effective
human resource development trainers and cooperate with various local and international agencies to
produce  a  transformational  educational  leadership  through  the  use  of ICT  and  complementary
resource management. It shah also undertake research, extension services, and production activities in
suppott of the socio-economic development of the Province of La  Union and provide progressive
leadership in its areas of specialization in the Province of La Union and in Retion I.
SEC. 3.  Czzmr.czz/ar Offien.ngs. The Campus shall offer degree and non-degree programs to
include undergraduate, graduate, post-graduate and continuing professional education courses within
its areas of competency and specialization and as the DMMMSU Board of Regents of DMMMSU,
hereinafter referred to as the "Board", may deem necessary to czirry out its objectives, and those which
respond to meet the human resource development needs of the Province of La Union and Realon I.
SEC. 4. Gov€mance. Being an academic unit within the DMMMSU System, the governance
of the Campus shall continue to be vested in the Board, whose powers are defined under Presidential
Decree  No.   1778,  otherwise  known  as  "Establishing  the  Don  Mariano  Marcos  Memorial  State
University  by  Meralng  the  Don  Mariano  Marcos  Memorial  State  College;  the  Southern  Ilocos
Polytechnic State College, the La Union School of Arts and Trades and the La Union Community
College and hkewise Integrating the Sapilang Elementary School into the State University: Providing
A  Chapter  for  this  Purpose  and  Appropriating  Funds  Thereof",  and  other  applicable  laws  and
regulations, unless otherwise provided or amended elsewhere in this Act.
SEC. 5. 4drm.n/.sfrzltr.on. The administration of the Campus shall be vested in the Chancellor
of the DOU insofar authorized by the Board and the President of the University.


SEC.  6.   7He  CHance#or.  The  Campus  shall  be  headed  by  a  Chancenor  who  shall  be
designated by the Board, subject to its guidelines on quahfications and standards, and based on the
recommendation by the University President, fouowing a process of consultation with the consrfuents
of the Campus. The Chancellor shall render full-time service.
Within six (6) months of the effectivity of this Act, the President of DMMMSU shall constitute
the Search Committee for the Chancellorship.
The powers and duties of the Chancellor, in addition to those specifically provided for in this
Act, shall include those usually pertaining to the Office of the Chanceuor of similar state universities
and colleges and those delegated by the President.
The Chancellor shall be entided to benefits and privileges as may be prescribed by law and
other issuances.
The Chancellor of the DOU shall be assisted by a Vice Chancellor, who shall be designated
by the Board.
SEC. 7.  rHe Codregr Dean. Each College, as may be established by the Board when it deems
necessary, shall be headed by a Dean who shall be designated by the Board, subject to its guidelines
on  qualifications  and  standards,  and  based  on  the  recommendation  by  the  University  President,
following a process of consultation with the constituents of the College. The Dean shall render full-
ire service.
The powers and duties of the Dean of the College, in addition to those specifically provided
for  in  this  Act,  shall  include  those  usually  pertaining  to  the  Office  of the  Dean  of similar  state
universities and colleges and those delegated by the President and the Chancellor.
The Dean shall be entitled to benefits and privileges as may be prescribed by law and other
issuances.
In case of a vacancy in the Office of the Dean by reason of death, compulsory redrement,
resignation, removal for cause, or incapacity of the Dean to perform the functions of the office, the
Board,  upon  the  recommendation  of the  President,  shall  designate  an  Officer-in-Charge  of the
College, pending the designation of a new Dean: Proov.deJ, That the Officer-in-Charge shall serve only
during the unexpired portion of the term.
The Dean of the Conege shall be assisted by a College Secretary, who shall be appointed by
the President and confirmed by the Board.
SEC. 8.  7THc Faculty. The Board shall appoint, upon the recommendation of the Chancellor
and the nomination of the President of the University, the faculty members of the Colleges: ProG#.Jcc7,
That no  political belief, gender preference,  cultural  or  community affiliation  or ethnic  oriedn, nor
religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of
the Colleges: Pro2¢.Jcc7, /z/n£4cr, That said appointment shall be subject to the guidelines, qualifications,
and standards set by the Board: P„Grfec7,j¢#cz/dy, That no member of the faculty shall teach for of against
any particular church or relialous sect.
The Open University (OU) as a Campus shall be entitled to personnel as provided under NBC
589.
SEC. 9.  Scho/afisdrp Frog:rams and Admr.ssr.oH. The OU  shall provide scholarships and
other affirmative action programs to assist poor but deserving students who qualify for admission to
the Colleges.
No student sham be denied for admission to the OU by reason of gender, relidon, cultural or
community affiliation, physical disability, or ethnic origin.


SEC. 10. 4cadend.c Freedom and Jfls".fu#.onalAzzfonomy. The OU shall enjoy academic
freedom  and  insrfutional  autonomy,  pursuant  to  paragraph  2,  Section  5  of Article  XIV  of the
Consrfution.
S;E£. rl. Authority to Loan of Transf;er Apparatus, Equipment or Supplies and Detail
ofp€rson/]e/. Upon the recommendation of the Chancellor and the request of the Board, through
the President of DMMMSU, the heads of the bureaus and offices of the national government may
loan or transfer to the Campus such apparatus, equipment or supphes as may be needed by it, and
detail employees for duty therein when, in the judgment of the head of bureau or office, the apparatus,
equipment, supphes 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 Chancellor
and the Dean of the Colleges, and the time so served shall be counted as part of their regular service.
SEC.12. 4sscfs, fir.adr.fr.tr.€s afld pcrsonne/. All existing appropriations, as sets, both real and
personal, personnel, and records of the Campus and the Colleges, as its liabilities or obligations, shall
continue to be titled or named after DMMMSU: Progny.Jec7, That the positions, rights, and security of
tenure of faculty members and personnel therein employed under existing laws prior to the enactment
of this Act shall be respected: Proz¢.Jcc7,/zintbcr, That the employees currently holding the said positions
shall remain in the same status undi otherwise provided by the Board: Proov.Jcc7,/#eddy, That the Campus
and  the  Colleges  shall  upgrade  or  increase  its  human  resource  component  as  may  be  deemed
appropriate by the Board.
All parcels of land belonging to the government occupied by the Campus shall be the property
of DMMMSU, and shall be titled under its name: P"ov.dec7, That should the Campus or the Colleges
cease to exist or be abolished or should such aforementioned parcels of land be no longer needed by
DMMMSU, the same shall revert to the concerned local government unit or to the Republic of the
Philippines, as the case may be.
SEC. 13. Dt7ty and ran Ex€mpfr.ans. The importation by the Campus or the Colleges of
books or publications, equipment of instruments which are for educational, laboratory of scientific
purposes shall, upon certification by the Commission on Higher Education (CHED), be exempt from
customs duties in accordance with the provisions of Repubhic Act No. 10863, otherwise known as the
"Customs Modernization and Tariff Act (CMTA)".
All grants, bequests, endowments, donations, and contributions made to and used actually,
directly and exclusively for educational purposes by the College, shall be exempt from donor's tax and
the same shall be considered as allowable deduction from gross income 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.  14.  Sz7pfrfefap7 4xpdr.ca#.an.  The  provisions  of Republic  Act  No.  8292,  otherwise
known as the "Higher Education Modernization Act of 1997" and Republic Act No. 10650, otherwise
known as the ``Open Distance Leaming (ODL) Act" shall form part of this Act.
SEC.  15.  Pantjr C7azisc.  AIl  other powers,  functions,  and  privileges,  responsibilities,  and
limitations  under  existing laws  shall be  deemed granted  to  or imposed  upon  the  Campus  and its
officials, whenever appropriate.
SEC. 16. 4ppraprr.afr'ans. The amount necessary to carry out the provisions of this Act shall
be included in the annual General Appropriations Act.
SEC.17. Jmp/cmcatr.ngJrndes andJZcgrz/atr.ons. Within ninety (90) days from the approval
of this Act, the Board shall, in consultation with the LEB and CHED, issue the rules and regulations
to fully implement the provisions of this Act.


SEC.18. Separadr.frtjr C/azzse. If, for any reason, any part or provision of this Act is declared
invahd or unconstitutional, the remaining parts or provisions not affected are in full force and effect.
SEC. 19. J]cpcal.ng Crausc. All laws, presidential decrees, executive orders, and rules and
regulations  contrary  to  or inconsistent with  the provisions  of this  Act are  amended,  repealed,  or
modified accordingly.
SEC. 20. Eff€ca.vrty:. This Act shall take effect fifteen (15)  days after its pubhcation in the
O##.c7/ Gc7zp#G or in a newspaper of general circulation.
Approved.