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

SIXTEENTH (16") CONGRESS

First Regular Session

1077

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE NANCY A. CATAMCO

EXPLANATORY NOTE

The University of Southern Mindanao-Kidapawan City Campus-College of Industry and
Technology (USM-KCC-CITPA), formerly known as North Cotabato College of Arts and
Trade (NCCAT), has been consistently exhibiting exemplary performance and has
maintained a high passing percentage in licensure examinations among its graduates,
some even landing in the top ten. This commendable accomplishments, added to the
fact that it has well-trained and high-calibre faculty and staff and the ever increasing
number of enrollees, the College has all the potentials and capabilities to efficiently and
effectively operate as a State Polytechnic College.

This noble intention of having the school converted into a State Polytechnic College with
its own charter has drawn support, not only from local leaders of the Province of North
Cotabato but also from the parents, the students, and the community owing to the fact
that it will generate immeasurable benefits in terms of further improvement in the quality
education, facilities, and not to mention financial backing.

Thus, this bill is being proposed by the undersigned as an initial step towards the
realization of the above goal. The 1987 Constitution declares in its State Policies that
The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development. With the approval of this proposed bill, it is
anticipated that education, which one of the priority agenda of our government, will be
given the attention and support that it deeply needs and truly deserves.

NANCY &,CATAMCO
Representative
2" District, North Cotabato


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

SIXTEENTH (16™) CONGRESS

First Regular Session

1077
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE NANCY A. CATAMCO

AN ACT CONVERTING THE UNIVERSITY OF SOUTHERN MINDANAO-
KIDAPAWAN CITY CAMPUS-COLLEGE OF INDUSTRY AND TECHNOLOGY IN THE
CITY OF KIDAPAWAN, PROVINCE OF COTABATO INTO A STATE COLLEGE TO
BE KNOWN AS THE NORTH COTABATO STATE POLYTECHNIC COLLEGE AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. - The University of Southern Mindanao-Kidapawan
City Campus-College of Industry and Technology in the City of Kidapawan, Province of
Cotabato is hereby converted into a state college to be known as the North Cotabato
State Polytechnic College.

SECTION 2. General Mandate. - The College shall primarily provide programs
of instruction and professional training primarily in the fields of science and technology,
agriculture, and industrial fields, fishery, forestry, animal and veterinary sciences,
engineering, and other courses needed in the socio-economic development of
Mindanao; and other relevant fields of study. It shall also undertake research and
extension services, and provide progressive leadership in its areas of specialization.

SECTION 3. Curricular Offerings. - The College shall offer undergraduate and
graduate studies in the fields of science and technology, agriculture, and industrial
fields, fishery, forestry, animal and veterinary sciences, engineering, and other


degrees/courses within its areas of specialization and according to its capabilities as the
Board of Trustees may deem necessary to carry out its objectives, particularly to meet
the needs of the Province of North Cotabato.

SECTION 4. Administration. - The College shall have the general powers of a
corporation set forth in Batas Pambansa Big. 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 vested exclusively in the Board of Trustees and the
President of the College.

SECTION 5. The Governing Board. — The governing board 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 Commission 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,

(e) The Regional Director of the National Economic and Development
Authority (NEDA), member,

(f) The Regional Director of the Department of Agriculture (DA), member;

(@) 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 alumni association of the College, member; and

() Two (2) prominent citizens from the private sector who have

distinguished themselves in their profession or fields of specialization of

the College, 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 Northern Samar, 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 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 bylaws.

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

SECTION 6. Promulgation and Implementation of Policies. - The Board shall
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 welll as the policies, standards and thrusts of the
CHED under Republic Act No. 7722, otherwise known as the “Higher Education Act of
1994",

SECTION 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 rules and regulations not contrary to law as may be necessary
to carry out the purposes 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 determine in its discretion, in order to carry out
the purposes and functions of the College;

(c) 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 Tariff and
Customs Code of the Philippines, as amended;

(d) 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. Such donations shall be exempt from the donor's tax and the same shall be
considered as allowable deductions 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 (NIRC) of 1997, as amended: Provided, That such
donations shall not be disposed of, transferred or sold;

(e) 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 or other programs/projects of the College: Provided, That all
fiduciary fees shall be disbursed for the specific purpose for which these are
collected. If, for reasons 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;

(f) To adopt and implement a socialized scheme of tuition and other school fees
for greater access to poor but deserving students;

(g) 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;

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

(i) 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;

(j) To approve the curricula, instructional programs and rules of discipline drawn
by the Administrative and Academic Councils as herein provided;

(k) To set policies on admission and graduation of students;

(1) 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 College; and to authorize the awarding of certificates of
completion of non-degree and non-traditional courses;


(m) To establish and absorb nonchartered tertiary institutions within the Province
of Capiz 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;

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

(0) To establish professorial chairs in the College and to provide fellowships for
qualified faculty members and scholarships to deserving students;

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

(q) 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 structuralchanges on the
basis of the audit results and recommendations,

(1) To collaborate with other governing boards of state colleges and universities
within the Province of Cotabato or Region XIl, 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;

(s) 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
College;

() 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 furtherance of the purposes and objectives of the College;

(u) 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;

(v) 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, as the case may be;


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

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

(y) To extend the term of the President of the College 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 at least
‘once every quarter. However, the Chairperson of the Board may, upon three (3)-days’
prior written notice, call a maximum of two (2) special meetings whenever necessary.

A quorum of the Board shalll 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. In the absence of the
Chairperson of the CHED, a Commissioner of the CHED, duly designated by him/her,
shall represent him/her in the meeting with all the rights and responsibilities of a regular
member: Provided, however, that during this meeting, the President of the College 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 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 College President. ~ The College shall be headed by a
President, who shall render full-time service. He/She shall be appointed by the
consisting of the President of the College as Chairperson, Vice Presidents Board,
subject to the guidelines, qualifications and/or standards set by the Board, upon
recommendation of a duly constituted search committee. He/She 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 college, the incumbent head of the


Dumalag Vocational-Technical School, if qualified, shall serve as the first President of
the College.

Within six (6) months before the expiration of the term of office of the incumbent
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 his/her 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. In case of vacancy in the Office of the President as mentioned in the
immediately preceding paragraph, his/her successor or the Officer-in-Charge shall
serve only the unexpired portion of the 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 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
presidents of similar educational institutions.

The President shall be assisted by a Vice President for Academic Affairs, who
shall be appointed by the Board upon the recommendation of the President.

SECTION 10. The Administrative Council. — There shall be an Administrative
Council, 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 College.

SECTION 11. The 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/or 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.

SECTION 12. The 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. He/She shall serve upon each member of the
Board the appropriate notice of the Board meetings.


SECTION 13. The Treasurer of the College. - The Treasurer of the Philippines
shall be the ex officio treasurer of the College.

SECTION 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 College: Provided, however,
That said appointment shall be subject to the guidelines, qualifications and/or standards
set by the Board: Provided, further, That no member of the faculty shall teach for or
against any particular church or religious sect.

SECTION 15. Scholarship Program/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
to the College by reason of sex, religion, cultural or community affiliation or ethnic origin.

SECTION 16. 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.

SECTION 17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and
Detail of Personnel. - The heads of the bureaus and offices of the national goverment
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 bureau or
office, such apparatus, equipment, supplies or services of such employees can be
spared without serious detriment to the 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.

SECTION 18. Assets, Liabilities and Personnel. — All assets, real and personal,
personnel and records of the University of Souther Mindanao-Kidapawan City
Campus-College of Industry and Technology, as well as liabilities or obligations, are
hereby transferred to the College. The positions, rights and security of tenure of faculty
members and personnel therein employed under existing laws prior to the conversion
into a College shall be respected.

All parcels of land belonging to the government and occupied by the University of
Southern Mindanao-Kidapawan City Campus-College of Industry and Technology are
hereby declared to be property of the College, and shall be titled under that name:
Provided, That should the College cease to exist or be abolished, or should such
parcels of land aforementioned be no longer needed by the College, the same shall
revert to the LGUs concerned.


SECTION 19. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s appropriations of the
University of Southern Mindanao-Kidapawan City Campus-College of Industry and
Technology. Thereafter, such sums as may be necessary for the continued operation
and maintenance of the North Cotabato State Polytechnic College shalll be included in
the annual General Appropriations Act.

SECTION 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 College 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

(c) Accordingly set up its organizational, administrative as well as
academic structure, including the appointment of the key officials of the College.

SECTION 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 College.

SECTION 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.

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

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

SECTION 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.

SECTION 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.


SECTION 27. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.