Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
Sixteenth Congress ke
First Regular Session
HOUSE BILLNO.__4 3i\s! Sf
Xs eF
\

SS wpex 8

Introduced by Rep. Alfredo “Albee” B. Benitez

EXPLANATORY NOTE

More than 50 years since its establishment, the Carlos Hilado Memorial School
(CHMSC) has grown to become a leading institution in higher and continuing education
in the field of arts and sciences, agriculture, engineering, education, accountancy,
business administration, public administration, fishery technology, and other relevant
fields of study. CHMSC also now boasts of three campuses: two are located in Bacolod
City (Alijis Campus and Fortune Towne Campus) and one in the Municipality of

Binalbagan, Negros Occidental.

CHMSC is one of the most recognized learning institution in the Province of
Negros Occidental because of its culture of excellence among its management, faculty
and students. This is proven with the continuous growth of the institution and the
quality of graduates that CHMSC produces. Its conversion into a state university would
allow the institution to upgrade its facilities, branch out its course offerings to other
fields of knowledge, and broaden its academic services including research and
development. In addition, it would also contribute to the improvement of the education
indicators in the Province of Negros Occidental as it would provide a valuable
opportunity to extend what CHMSC is offering to more students not only in the province

but in the entire region as well

In view of the foregoing, the approval of this Bill is earnestly requested.

LFRRDO “ALBEE” B. BENITEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

AS

HOUSE BILL NO.

Introduced by Rep. Alfredo “Albee” B. Benitez

AN ACT CONVERTING THE CARLOS HILADO MEMORIAL STATE COLLEGE
IN THE CITY OF TALISAY, NEGROS OCCIDENTAL, INTO A STATE UNIVERSITY TO BE
KNOWN AS THE CARLOS HILADO STATE UNIVERSITY
AND APPROPRIATING FUNDS THEREFORE,

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

SECTION 1. Conversion. ~ The Carlos Hilado Memorial State College in the City
of Talisay, Negros Occidental , including its campuses namely: Carlos Hilado Memorial
State College - Alijis Campus in Bacolod City, Carlos Hilado Memorial State College -
Fortune Town Campus in Bacolod City, and Carlos Hilado Memorial State College in
Binalbagan, all located in the province of Negros Occidental, is hereby converted into a
state university to be known as the Carlos Hilado State University. The main campus
shall be located in the City of Talisay, Negros Occidental.

SEC shall primarily provide advanced
education, higher technological, professional instruction and training in the field of arts
and sciences, engineering and technology, education, accountancy and business
administration, public administration, fisheries and agriculture, and other relevant
fields of study. It shall also promote and undertake research, extension services and
provide progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings - The University shall offer undergraduate and
graduate studies in the fields of arts and sciences, engineering and technology,
education, fisheries and agriculture, accountancy and business education, public
administration, and other relevant fields of study. It shall also promote and undertake
researchesalong education, engineering, industrial technology, information systems,
hotel and restaurant management, fisheries, industrial technology, information
technology, business administration, office administration, entrepreneurship,
accounting technology, criminology and other degrees within its areas of specialization
and according to its capabilities, as the Board of Regents may deem necessary to carry
out its objectives and in order to meet the needs of the Province of Negros Occidental.


The University shall maintain and operate a reasonably-sized laboratory school,
under its College of Education in the main campus.

SEC. 4. Administration. ~ The University shall have the general power of a
corporation set forth in Batas PambansaBlg. 68, as amended otherwise known as the
"Corporation Code of the Philippines.” The administration of the University and the
exercise of its corporate power shall vested exclusively in the Board of Regents and the
President of the University.

SEC 5. The Governing Board. - The Governing Board of the University shall be
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), as
chairperson;

b. The President of the University, as vice chairperson;

¢. The Chairperson of the Committee on Education, Arts and Culture of the
Senate, as member;

d. The Chairperson of the Committee on Higher and Technical Education of the
House of the Representatives, as member;

e. The Regional Director of the Economic and Development Authority (NEDA), as
membe

£ ‘The Regional Director of the Department of Department of Science and
‘Technology (DOST), as member;

g. The Regional Director of the Department of Agriculture (DA), as member;

h. The Pre
member;

ident of the Federation of Faculty Associations of the University, as

i, The President of the Federation of Student Councils of the University, as
member;

j. The President of the Federation of Alumni Associations of the University, as
member; and

k, Two (2) prominent citizens who have distinguished themselves in their
profession or fields of specialization of the University, as members.

The Board of Regents shall appoint the two (3) prominent citizens from among a
list of at least five (5) persons qualified in the Province of Negros Occidental, as
recommended by the search committee constituted by the University President, in
consultation with the Chairperson of (CHED), and the other members of the Board,
based on the normal standards and qualifications for the position set by the Board.


The Term of Office of the President of the Federation of Faculty Associations, the
President of the Federation of Alumni Associations, and the President of the Federation
of Student Councils shall be conterminous 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 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 provision 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."

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 the
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 as may be necessary to carry out the
purposes and functions of the University:

b, 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 to carry out the
purposes and functions of the University;

¢. 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, as amended;

d. 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 limitations, directions and instructions of
the donor if any;

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 University, shall constitute special trust funds and shall be
deposited in any authorized government depository banks, and all interest that
shall accrue there from shall form parts of the same funds for the use of the
University.

Any provision of the 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
instructions, research, extension or other programs/projects of the University:
Provided, that all fiduciary fees shall be disbursed for the specific purposes for
which they are collected.

If, for reasons beyond its control, the University shall not able to pursue any
projects for which the funds have been appropriated and allocated under its
approved programs 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 attainment of the objectives and goals of the University;

f, To adopt and implement a socialized scheme of tuition and 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 University, vice
presidents, deans, directors and heads of the campuses, faculty members, and
other officials and employees of the University;

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 and discipline
drawn by the administrative and academic councils herein provided;

k. To set policies on admission and graduation of students;

1. To award honorary degrees upon persons in recognition of 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 non-degree and non-traditional courses;

m. To establish and absorb non-chartered tertiary institutions within the
Province of Negros Occidental as branches and extension center in coordination
with the CHED, and in consultation with the Department of Budget and
Management (DBM), and to offer therein programs of courses, to promote and
carry out equal access to educational opportunities mandated by the
constitution;

n, To establish research and extension centers of the University where such will
promote the development of the latter;


0. To establish chairs in the University and to provide fellowship for qualified
faculty members and scholarships to deserving student

p. To delegate any of its powers and duties provided 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;

q. To authorize an external management audit of the University, to be financed
by the CHED, subject to commission on Audit (COA) rules and regulations; and to
institute reforms, including academic and structural changes, on the basis of the
audit results and recommendations;

r, To collaborate with other government boards of the state of colleges and
universities within the Province of Negros Occidental or the region, under the
supervision of the CHED and its consultation with the DBM, and work towards
the restructuring of the University 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 University, the
proceeds of which shall be used for the development and strengthening of the
University;

t. To develop consortia and other economic forms of linkages with local
government units, institutions and agencies, both public and private, local
foreign, in the furtherance of the purpose and objectives of the University;

u, To develop academic arrangement for institutions-capability building with
appropriate institutions and agencies public and private local foreign, and
appoint experts/specialist 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 system, open
learning or distance education, community laboratory, etc. for the promotion of
greater access to education;

w. To establish policy guidelines and procedures for participative decision-
making and transparency within the University;

x. To privatize, where most advantageous to the University, management of non-
academic services such as health, food, building or grounds property
maintenance and such other similar activities; and

y. To extend the term of the President of the University beyond the age of
retirement but not later than the age of seventy (70), whose performance has
been unanimously rated by the governing Board as outstanding, after unanimous
recommendation by the search committee.


SEC. 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 wherever necessary.

A quorum of the Board shall consist a 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 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 University as vice chairperson shall be presiding officer: Provided
further, That this provision notwithstanding, the Chairperson of the CHED is hereby
authorized to designate a CHED Commissioner as a regular chair of the Board of
Regents, 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 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 member of the Board shall not receive any salary but shall be entitled to
reimbursements for actual and necessary expenses incurred, either in the attendance to
meeting 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. He/She shall be appointed by the Board,
upon recommendation of the 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 university, the incumbent
President of the Carlos Hilado Memorial State College, if qualified, shall be the first
president of the University.

Within six (6) months before 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 his/her office, the Board shall have the authority to designate the officer-in-
charge of the University pending the appointment of a new president.

In case of vacancy in the Office of the President as mentioned in the immediate
preceding paragraph, his/her successor or the officer-in-charge shall hold office for the
unexpired term only.

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 colleges, and those delegated by the Board.


The salary of the president of the University shall be in accordance with Revised
Compensation and Position Classification System as modified by Joint Resolution No. 4
dated June 17, 2009 and by such other law amendatory thereto which may hereinafter
be enacted and shall be comparable to that being received by the president of similar
educational institutions.

SEC. 10. Heads of University Campuses.~ Each extension campus namely: Alijis
Campus in Bacolod City, Fortune Town Campus in Bacolod City and Binalbagan Camus
in Binalbagan, Negros Occidental shalll be referred to as the University Campus.

A Campus Administrator shall head each University Campus and he/she shall
render full-time service. He/She shall be appointed by the Board upon recommendation
of the search committee and the President of the university, subject to the guidelines,
qualifications and/or standards set by the Board: Provided, That the incumbent College
Administrator of an extension campus shall serve as its Campus Administrator.

SEC 11. The Administrative Council. - These shall be an administrative council
consisting of the president of the University as chairperson, vice president, deans,
directors, and other officials of equal ranks as members, whose duty is to review and
recommend to the Board the policies governing the administration, management and
development planning of the University.

SEG. 12, The Academic Counc
president of the University as chairperson
the rank or not lower than assistant profes:

here shall be an academic council with the
ind all members of the academic staff with
ras 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 of Regents. It shall fix the requirements for the admission of students, as well
as for graduation and conferment of degrees, subject to review and/or approval by the
Board of the Regents 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 of
Regents,

SEC. 13. The Secretary of the University. - The Board shall appoint a secretary,
who will serve as such for both Board and the University and shall keep all records and
proceedings of the Board. He/She shall communicate to each member of the Board
notice of meetings.

SEC. 14. The Treasurer of the University. - The treasurer of the Philippines
shall be ex officio treasurer of the University.

SEC. 15. Faculty. - No political belief, gender, preference, cultural or community
affiliation or ethnic origin, and religious opinion or affiliation shall be matter of inquiry
in the appointment of the faculty members of the University: Provided, however, That
no member of the faculty shall teach for or against any particular church or religious
sect.



SEC. 16. 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 students shall denied admission of the University by reason of sex, religion,
cultural or community affiliation or ethnic origin.

SEC. 17. 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. 18, Authority to Loan or Transfer Apparatus/Equipment/Supplies and
Detail of Personnel ~ The heads of the bureaus and offices of 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 employee for duty therein when, in the judgment of the head of bureau or
office, such apparatus, equipment, supplies or services of such employee 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 University, and the time so employed shall be counted as part of their
regular services.

SEC, 19. Assets, Liabilities and Personnel. ~ All assets, real and personal,
personnel records of the Carlos Hilado State University, as well as liabilities or
obligations, are hereby transferred to the University. The position, right and security of
tenure of the faculty members and personnel therein employed under existing laws
shall be respected.

All parcels of land belonging to the government and occupied by the Carlos
Hilado Memorial State College are hereby declared to be property of the Carlos Hilado
State 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 LGUs concerned.

SEC.20. Tax Exemption on Importation and Donations. - The importation of
economic, technical and cultural books and/or publications, which are for economic,
technical-vocational, scientific, philosophical, historical or cultural purposes made by
the Central Philippine State 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.

All donations of any form to the Carlos Hilado State 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. 21. Appropriations - The amount necessary to carry out the provisions of
this Act shall be charged against the current year’s appropriations of the Carlos Hilado
Memorial State College. Thereafter, such sums as may be necessary for the continued


operation and maintenance of the Carlos Hilado State University shall be included in the
annual General Appropriations Act.

22. Development Plan, Management Audit Organization/
e/Academic Structure. - Within the period of one hundred twenty
(120) days after the approval of the Act, the University shall accomplish the following:

a, Submit five (5)- year development plan, including corresponding program
budget to the CHED, for corresponding recommendation to the DBM;

b. Undergo a management audit in cooperation with CHED; and

¢. Accordingly set up its organizational, administrative as well as academic
structure, including the appointment of the University key officials

SEC 23. Filing of Report. - On before the fifteen (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 House of Congress a detailed report on the progress conditions and needs of
the University.

SEC 24. Supplementary Application - The provisions of Republic Act No. 8292,
otherwise known as “Higher Education Modernization Act of 1997”"shall be an integral
part of this Act and shall serve part of the Governing Charter of the University.

SEC. 25. Parity Clause. - All powers, functions and privileges, responsibilities
and limitations to state universities and/or their officials under existing laws shall be
deemed granted to or imposed upon the University and/or its officials.

SEC. 26. Implementing Rules and Regulations ~ The Board, in consultation
with the CHED, shall formulate the guidelines to fully implement the provisions of this
Act.

SEC, 27. 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 28. 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. 29, Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved: