REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular session

HOUSE BILLNO._1737

INTRODUCED BY HON. CONGRESSMAN DAMIAN GAVIOLA MERCADO,

EXPLANATORY NOTE

‘This Bill seeks the creation of an Agricultural College in the City of Maasin,
Southern Leyte to be known as the NACIONAL O. MERCADO AGRICULTURE
COLLEGE (NOMAC).

‘The people of the Province of Southern Leyte are highly dependent on
agriculture as a means of their livelihood.

Preference for white collar jobs has been the overriding factor in our youth’s
quest for higher education. However, our country’s economy is mainly based on
agriculture more particularly the Province of Southern Leyte. It is therefore
imperative to inculcate in the minds of our students a love for agricultural
undertakings.

Agriculture is considered as the backbone for progressive social development.
By providing our students especially those coming from the far flung areas of the
province, an accessible and adequate educational institution from which they can
acquire sufficient knowledge and skills of this kind of specialization that will help to
make our nation a progressive country.

‘The creation of an Agriculture College in the Province of Southern Leyte will
greatly cater to the needs of its people for advanced studies including progressive
trainings in agriculture, science and technology.


Further our Constitution mandates the State to establish and maintain a
complete, adequate and integrated system of education relevant to the goals of
national development. It prescribes that all educational institutions shall aim, among
other things to develop scientific, technological and vocational efficiency, especially
in the field of agriculture.

‘The intent of this bill is to comply with the mandate of the state and provide
the delivery of educational services in the Province of Southem Leyte in order to
provide quality education on Agriculture not only to the population of the province
but also to the neighboring municipalities, particularly the poor and marginalized
people of Leyte.

‘The importance of this bill has been recognized by the people of Southern
Leyte and considering the desire in upgrading a more responsive educational
institution that will address pressing priority for higher education particularly for the
poor and marginalized sectors of the province.

Hence, immediate passage of this bill is earnestly sought.

DAMI GAYIOLAMERCADO.


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

Sixteenth Congress
First Regular session

1737

HOUSE BILL NO.

INTRODUCED BY HONORABLE CONGRESSMAN DAMIAN GAVIOLA
MERCADO

AN ACT CREATING AN AGRICULTURE COLLEGE IN THE CITY OF

MAASIN, SOUTHERN LEYTE, TO BE KNOWN AS THE NACIONAL O,

MERCADO AGRICULTURE COLLEGE (NOMAC) AND APPROPRIATIN'
FUNDS THEREFOR

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

Section 1. An Agriculture College is hereby created to be known as The
“NACIONAL O. MERCADO AGRICULTURE COLLEGE (NOMAC)”, hereinafter
referred to as the College.

Section2. The College shall primarily provide studies and advanced
instructions in agricultural sciences and technology, and shall also offer professional
training courses related thereto and to promote research and extension services and
progressive leadership in agriculture and other fields as may be relevant.

Section 3. The College shall offer undergraduate and graduate courses in
the field of Agriculture and related sciences and other degree courses as the Board of
Regents may deem necessary to carry out its objectives: Provided, That the College
shall retain its original mandate as primarily an agricultural institution: Provided
further, That in the case of Graduate course, the College shall strengthen its Masteral
degree programs in Agricultural courses.


Section 4. _ The College shall have the general powers of a corporation set
forth in the Corporation Law. The administration of the College and the exercise of its
corporate powers shall be vested exclusively in the Board of Regents.

Section 5. The Governing Board’s; Manner of Appointment, —

(a) Composition — The governing body of the College shall be the Board of
Regents, hereinafter referred to as the Board, which shall be composed of
the following:

(1) Chairman of the Commission on Higher Education (CHED), Chairman;

(2) President of the College, Vice Chairman;

(3) Chairman of the Senate Committee on Education and the House of
Representatives Committee on Higher and Technical Education, members;

(4) Regional Director of the National Economic and Development Authority
(NEDA) where the main campus of the College is located, member;

(5) Regional Director of the Department of Science and Technology (DOST),
member;

(© President of the faculty association of the College, member;

(7) President of the Student Council of the College, member;

(8) President of the Alumni Association of the College, member;

(9) Two (2) prominent citizens who have distinguished themselves in their
field professions or fields of specialization chosen ftom among a list of at
least five (5) persons qualified in the province, as recommended by the
Search Committee constituted by the President, in consultation with the
Chairman of the CHED based, on the normal standards and qualifications
for the position, members.

The private sector representatives shall be appointed by the Board of
regents upon recommendation of a duly constituted Search Committee.

(b) Term of Office — The Presidents of the faculty, alumni and student
associations shall be coterminous with their respective terms of office.
‘The prominent citizens shall serve for a term of two (2) years.
In case of vacancy in the Office of the President, the Officer-in-charge
ofthe College designated by the Board shall serve for the unexpired term
only.

Section 6. Promulgation and implementation of policies. ~The Governing
Board shall promulgate and implement policies in accordance with declared state
policies on education and other pertinent provisions of the Constitution on education,
agriculture, science and technology.

Section 7. Powers and Duties of Governing Boards. ~ 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:


(@ To enact rules and regulations not contrary to law as may be necessary to
carry out the purpose and functions of the College;

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

(© To receive in trust legacies, gifts and donations of real and personal
properties of all kinds and to administer and dispose the same when
necessary for the benefit of the College and subject to the limitations,
directions and instructions of the donor, if any. Such donations shall be
exempt from all taxes and shall be considered as deductible items from the
income tax of the donor;

(@) 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. Such fees and charges, including
government subsidies and other income generated by the College,
Constitute special trust funds and shall be deposited in any authorized
government depository bank. Any and all interests shall accrue there from
shall form part of the same funds for the use of the College;

‘Any provision of existing laws 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 of Instruction,
research, extension or other programs/projects of the College: Provided,
That all fiduciary fees shall be disbursed for the specific purpose for which
they 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;

(©) To confirm appointments and/or designations of vice presidents, deans,
director, heads of departments, faculty members and other officials and
employees of the College made by the President of the College;

( To fix and adjust salaries of faculty members and administrative officials
and employees in accordance with the Revised Compensation and Position
Classification System;

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

(h) To confer degrees upon successful candidates for graduations and to award
honorary degrees upon persons in recognition of outstanding contribution
in the field of Agriculture, or in any related field of specialization;

(D To establish branches if and when it becomes essential and necessary
where there is no existing school offering similar programs or courses to
promote and carry out access to education opportunities as mandated by
the Constitution;


(j) To establish chairs in the College and to provide fellowship for qualified
faculty members and scholarships to deserving students;

(k) To create, in addition to the existing colleges, other colleges as the Board
may deem necessary;

(D) To examine the property, course of study, discipline and the state of
finances of the college and make report to the Congress of the Philippines
upon the same; and

(m)To authorize the construction or repair of its buildings, — machinery,

equipments and other facilities and the purchase and acquisition of real and

personal properties, including necessary supplies and materials and equipment.

Purchases and other transactions entered into by the College through the

Board shall be exempt from all the taxes and duties.

Section 8. _ Meetings; Quorum. ~ A quorum of the Board shall consist of a
majority of all members holding office at the time of the meeting: Provided, however,
that among those present in the meeting is the Chairman of the CHED who is the
Chairman of the Board, or the President of the College.

In the abscense of the Chairman of the CHED, a Commissioner of the CHED,
duly designated by the former, shall represent him in the meeting with all the rights
and responsibilities of a regular member: Provided, however, that in the said meeting,
the President of the College as vice chairman shall be the presiding officer. The Board
shall convene regularly once every two (2) months. The Chairman of the Board may,
upon three (3) days prior written notice, call a special meeting whenever necessary.

‘The members of the Board shall not receive any salary but shall be entitled to
reimbursement of actual and necessary expenses incurred either for attendance in
meetings of the Board or for other official business authorized by resolution of the
Board subject to pertinent existing laws on honoraria and allowances.

Section9, The Administration. ~ The College shall be headed by a
President who shall render full time service and shall be appointed by the Board upon
the recommendation of a duly constituted search committee. He shall hold office for a
term of four (4) years, extendible only for another four (4) years.

In case of vacancy in the Office of the President of the College by reason of
death, resignation, incapacity of the President of the College to perform the functions
of his office, or removal for a cause, the Board shall have the authority to designate an
Officer-in-Charge of the College pending the appointment of a successor. The
Officer-in-Charge shall serve only for the duration of the unexpired term.

‘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 the College.

The salary of the President of the College shall be fixed by the Board and shall
be comparable to that being received by the President of similar institution of like
enrollment and standing.

Section 10. The President of the College, whose term may be terminated
according to this Act, shall be entitled to full retirement benefits under existing laws.


Section 11. Administrative Council.- There shall be a College Administrative
Council consisting of the President of the College as chairman; the vice president(s),
deans, directors, and other official of equal rank, as members, whose duty is to
implement the policies governing the administration, management and development
planning the College as approved by the Board.

Section 12. Academic Council.- There shall be a College Academic Council
with the President of the College as chairman and all the members of the instructional
staff with the rank of not lower than assistant professor as members. The academic
council shall have the power to prescribe curricular offerings subject to the review
and approval of the Board. It shall fix the requirements for admission to the College
as well as for graduation and the conferring of degree subject to review and/or
approval by the Board through the President of the College. It shall also have the
disciplinary power through the President of the College over the students within the
limits prescribed by the rules of discipline as approved by the Board.

Section 13. Secretary of the College. - There shall be a Secretary of the
College who shall be appointed by the Board upon the recommendation of the
President of the College. He or she shall also be the Secretary of the Board and shall
keep such records of the College and the Board.

Section 14. The Treasurer of the Republic of the Philippines shall be the ex
officio Treasurer of the College.

Section 15. No religious opinion or affiliation shall be a matter of inquiry in
the appointment of faculty members of the College: Provided, however, that no matter
the faculty shall teach for or against any particular church or religious sect.

Section 16, All properties and/or parcels of land belonging to the government,
to be occupied by the College are hereby declared to be the property of the College
and shall be titled under its name: Provided, that should the College cease to exist or
be abolished or should such real properties be no longer needed by the College, the
same shall respectively revert to the City of Maasin or Province of Southern Leyte as
the case may be.

Section 17. The heads of bureaus and offices of the national government are
hereby authorized to loan or transfer, upon 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 bureau or office, such
apparatus, equipment, supplies or services 0 such employees can be spared without
serious detriment to public service. Employees so detailed shall perform such duties
as required by them by the President of the College, and the time so employed shall
be counted as part of their regular services.

Section 18. The College shall provide a scholarship program and other
affirmative action programs to assist poor but deserving students to qualify for
admission to the College.


Section 19. Admission. - No student shall be denied admission to the College
by reason of gender, nationality, religion, cultural or community affiliation or ethnic
origin.

Section 20. Pursuant to Paragraph 2, Section 5 of the Article XIV of the
Constitution of the Republic of the Philippines, the College shall enjoy and pursue
academic freedom.

Section 21. Filing of Report. - On or before the thirtieth (30) 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
Commission on Higher Education and both Houses of Congress, a detailed report on
the progress, condition and needs of the College.

Section 22. All other powers, functions and privileges, responsibilities and
limitations to a College are granted and/or its officials whenever appropriate.

Section 23. The amount necessary to carry out the provisions of this Act shall
be charged against the Annual General Appropriations Act. Thereafter, such sums
may be necessary for the continued operation and maintenance of the Maasin City
Agricultural University shall be included in the Annual Generations Appropriations
‘Act: Provided, that to ensure that the University retain its original mandate as an
agricultural institution, at least fifty percent (50%) of the appropriations every year
shall fund the teaching requirements for agricultural courses and relevant research.

Section 24. Tax Exemptions. - The provisions of any general or special law to
the contrary notwithstanding:

(a) All profits and income generated by the College derived
exclusively from its fundamental function as an education
institution are exempt from the income tax imposed on every
corporation;

(®) Gifts and donations of real and personal properties of all kinds
are exempt from the donor's tax and are considered as
allowable deductions from the provisions of the National
Internal Revenue Code as amended; and

(©) Importation of economic, technical, vocational, scientific,
philosophical, historical and cultural books or publications are
exempt from taxes and duties upon certification by the
Department of Education, Culture and Sports (DECS) that such
imported books or publications are for economic, technical,
vocational, scientific, philosophical, historical and cultural
purposes, in accordance with the provision of the Tariff and
Customs Code as amended.

Section 25. Commission on Audit. — All accounts and expenses of the College
shall be audited by the Commission on Audit or its duly authorized representative.


Section 26. Implementing Agency. - The Commission on Higher Education is
directed to take such steps as are necessary for the creation of the College, its
operation and the immediate implementation of this Act.

Section 27. Separability Clause. — If, for any reasons, any part or provisions
of this Act is declared invalid or unconstitutional, the remaining parts or provisions
not affected shall remain in full force and effect.

Section 28. Repealing Clause. ~ All laws, executive orders, rules and
regulations or issuances contrary or inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 29. Effectivity Clause. - This Act shall take effect upon its approval.

Approved.