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

LE oN

RECEIVED @
3 Aan ane a

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 2947

Introduced by Honorable Erico Aristotle C. Aumentado ~

EXPLANATORY NOTE

lish the Bagacay State College of Technology in Barangay
alibon, Province of Bohol and appropriating funds therefor.

This bill seeks to
Bagacay, Municipality of

Section 1, Article XIV of the Constitution states that “The State shall protect and
promote the rights of all citizens to quality education at all levels and shall take
appropriate steps to make such education accessible to all.”

In response to the clamor of the residents of the municipalities of Talibon, Getafe,
Bien Unido, Buenavista, Danao, San Miguel and Trinidad to establish a state college that
will offer tertiary education with very affordable tuition fees, the Office of the
ang Barangay of Bagacay passed Resolution No. 0265-2013 allocating a lot for
ment of a state college. Barangay Bagacay is a coastal barangay in the
bon. It is situated 11 kilometers from the town proper of the
municipalities of Getafe and Talibon. There are two existing private colleges located in
the municipality of Talibon and two colleges run by the local government unit.

‘The proposed Bagacay State College of Technology will not compete with the

sting public and private schools but will cater to the neighboring municipalities with

their cor esROnaRy high schools that will serve as the feeder schools under the K to 12

program of the Department of Education. Graduates from neighboring barangays and

municipalities will be given the opportunity to pursue a college degree. Parents can now

afford to send their children to college because of the low tuition fees
the school to their homes,

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

REP. TOTLE C. AUMENTADO
Representative, 2"! District- Bohol


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

Sixteenth Congress
First Regular Session

HOUSE BILLNO._ 2947

Introduced by Honorable Erico Aristotle C. Aumentado

AN ACT
ESTABLISHING A STATE COLLEGE OF TECHNOLOGY IN BARANGAY
BAGACAY, MUNICIPALITY OF TALIBON, PROVINCE OF BOHOL AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Establishment. ~ There is hereby established a state college of
technology in Barangay Bagacay, Municipality of Talibon, Province of Bohol to be
known as the Bagacay State College of Technology, hereinafter referred to as the
College.

SEC. 2. General Mandate. — The College shall primarily provide advanced
education, higher technological, professional instruction and training in sciences, arts,
education, agriculture, fishery, engineering and technology, short-term vocational

search and.

courses and other relevant areas of studies. It shall also undertake
extension services and programs in food production, nutrition, health and sports

development, and provide progressive leadership in its areas of specialization.


SEC. 3. Academic Freedom and Institutional Autonomy. — The College 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 College shall offer undergraduate and
graduate studies in the fields of science, education, agriculture, fishery, engineering

and technology, industrial fields, short-term vocational courses and other degre

within its areas of specialization and according to its capabilities as the Board of
Trustees may deem necessary to carry out its objectives and in order to meet the needs

of the Province

5. Administration. — The College shall have the general powers set forth

in Section Thirty-six of Batas Pambansa Bilang 68, as amended, otherwise known as
“The Corporation Code of the Philippines.” ‘The administration of the College and the
exercise of its corporate powers shall be exercised exclusively by the Board of

Trustees and the President of the College.

SEC. 6. Governing Board. ~The governing body of the College shall be the
Board of Trustees, hereinafter referred to as the Board, which shall be composed of
the following:

a) The Chairperson of the Commi

ion on Higher Education (CHED),
Chairperson;

b) The President of the College, 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;

©) The Regional Director of the National Economie and Development
Authority (NEDA), member;

f) The Regional Director of the Department of Science and Technology

(DOST), member;

2) The President of the faculty association of the College, member;
h) The President of the student council of the College, member;

i) The President of the of alumni association of the College, member; and
j) 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 Bohol, as recommended by the
search committee constituted by the College 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 appointed
shall serve for two (2) years.

The term of office of the President of the faculty associations, the President of

the student council and the President of the alumni association shall be coterminous

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with their respective terms of office, as set forth in their respective constitutions and
by laws.

SEC. 7. Powers and Duties of the Board of Trustees. — 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 on education and other pertinent 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)  Promulgate rules and regulations not contrary to law as may be necessary
to carry out the purposes and functions of the College;

©) To receive and appropriate all sums as may be provided for the support
of the College in the manner it may determine in its discretion, in order to carry out
the purposes and functions of the College;

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

e) To receive in trust legacies, gifts and donations of real properties of all
kinds and to administer and dispose of the same when necessary for the benefit of the

College, and subject to the limitations, directions and instructions of the donor, if any;


f) 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 College, 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 College.

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

If, for reason beyond its control, the College 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 College;

g) 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 and personal
properties, including necessary supplies, materials and equipment;

i) To appoint, upon recommendation of the President of the College, Vice
Presidents, deans, directors, heads of departments, faculty members and other officials
and employees of the College;

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 laws 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 as 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 agriculture, public service, arts, science and
technology, education or in any field of specialization within the academic
competence of the College; 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 Bohol as branches and extension 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 and greater access to
educational opportunities as mandated by the Constitution;

0) To establish research and extension centers of the College where such
will promote the development of the latter;

p)  Toestablish professional chairs in the College 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 or Officer-in-Charge and other officials of the College as it may deem
appropriate, so as to expedite the administration of the affairs of the College;

r) To authorize an external management audit of the College, 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 the state universities and
colleges within the Province of Bohol, under the supervision of the CHED and in
consultation with the DBM, and work towards the restructuring of the College 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 College, the proceeds
from which shall be used for the development and strengthening of the same;

u) To develop consortia and other 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 College;

v) To develop academic arrangements for institutional capability building,
with appropriate institutions and agencies, public and private, local and foreign, and to
appoint experts or specialists as consultants, part-time or visiting or exchange
professors, scholars or researchers;

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
learning or distance education and community laboratory for the promotion of greater
access to higher education and graduate studies;

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

y) To privatize, where most advantageous to the College, the management
of nonacademic services such as health, food, building, grounds or property
maintenance and such other similar activities; and

z) To extend the term of the President of the College, whose performance

has been unanimously rated as outstanding and upon unanimous recommendation by

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the search committee, beyond the age retirement but not beyond the age of seventy
(70).

SEC. 8. Meetings of the Board. — The Board shall regularly convene once
every three months. Whenever necessary, the Chairperson of the Board may call, upon
three-day prior written notice, a maximum of two 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 College 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 a
regular member: 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 Chairperson 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 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

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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. College President. — The College shall be headed by a President, who
shall render full-time service. The College President shall be appointed by the Board,
subject to the guidelines, qualifications and standards set by the Board, and upon
recommendation of a duly constituted search committee. The College President shall
have a term of four years and shall be eligible for reappointment for another term.

Pending the appointment of the first President of the College, the Chairperson
of the CHED shall appoint an Officer-in-Charge of the College: Provided, That the
Officer-in-Charge of the College shall be entitled to additional compensation for
services rendered as interim head of the College, subject to budgeting, accounting and
auditing rules of the COA.

Within six (6) months before the expiration of the term of office of the
President of the College, 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 College
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.

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The powers and duties of the President of the College, in addition to those
specifically provided in this Act, shall be those usually pertaining to the Office of the
President of similar colleges, and those delegated by the Board.

The salary of the President of the College shall be in accordance with the
Revised Compensation and Position Classification System and shall be comparable to
that being received by the President of similar educational institutions.

The President of the College shall be assisted by two vice-presidents: one vice-
president for academic affairs and one president for planning and finance. The vice
presidents shall be appointed by the Board of Trustees upon the recommendation of
the President of the College.

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

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

SEC. 12. Administrative Council. — There shall be an Administrative Council
consisting of the President of the College, as Chairperson, vice presidents, deans,
directors 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 College.

a


SEC. 13. Academic Council. — There shall be an Academic Council to be
composed of the President of the College, 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 College, 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 College. It shall have the disciplinary power over
students of the College and shall formulate academic policies and rules and
regulations on discipline, subject to the approval of the Board.

SEC. 14. Faculty. — No political beliefs, gender preference, culture 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 College: Provided,
‘That the 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. 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 College, such apparatus, equipment or supplies as may be needed by the

College, and to detail employees for duty therein when, in the judgment of the head of

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the 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 College, and the time so employed shall be counted as part of their
regular services.

SEC. 16. Scholarship Program and Admission. — The College shall provide a
scholarship program and other affirmative action programs to assist poor but
deserving students who qualify for admission to the College.

No student shall be denied admission in the College by reason of sex, ethnic
consideration, religious belief or political affiliation.

SEC. 17. Campus Site, Assets and Liabilities. — The College shall be located
in Barangay Bagacay, Municipality of Talibon in the Province of Bohol. It shall be for
the exclusive use of the College as campus site for its academic and instructional
programs, research and development activities, and experimental and laboratory
facilities.

SEC. 18. Tax Exemption on Importation and Donations. — The importation of
economic, technical and cultural books and publications, which are for economic,
technical, vocational, scientific, philosophical, historical or cultural purposes made by
the College 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.

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All donations in any form to the College 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 provision of
their Act shall be included in the annual General Appropriations Act of the year
following its enactment into law and thereafter.

SEC. 20. Development Plan, Management Audit, Organizational,
Administrative and Academic Structure. — Within the period of one hundred twenty
days after the approval of this Act, the College shall accomplish the following:

a) Submit a five-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 the key officials of the College.

SEC. 21. Filing of Report. — On or before the fifteenth 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 College.

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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
College.

SEC. 23. Parity Clause. — All other powers, functions and privileges,
responsibilities and limitations to state colleges or their officials under existing ]aws
shall be deemed granted to or imposed upon the College or its officials, whenever
appropriate.

SEC. 24. Implementing Rules and Regulations. — The Board shall, in
consultation with the CHED, formulate the guidelines to fully implement the
provisions of this Act.

SEC. 25. 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. 26. 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. 27. 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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