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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No. 2363

Introduced by Representative Rudy S. Caoagdan, DPA.

EXPLANATORY NOTE

‘This bill seeks to convert the Makilala Institute of Science and Technology (MIST),
in the Municipality of Makilala, Province of Cotabato into state college to be
known as Mindanao Indigenous Peoples State College (IPSC).

Section 1, Article XIV of the 1987 Constitution provides:

“The State shall protect and promote the right of all citizens to
quality education at all levels and shall take appropriate steps to
make such education accessible to all.”

In furtherance of the state’s mandate to establish, maintain and support a complete
adequate and integrated system of education, it is timely and beneficial for the
students of Makilala Institute of Science and Technology to convert it into a state
college.

Its location in South Central Mindanao has made it a melting pot of students of
various tribes: Hocano, Tagalog, Bicolano, Cebuano, Ilonggo, Waray, Maguindanaon,
Maranao, Iranon, Tausug and many more, especially the ethnic tribes of Obo Manobo,
‘Tiruray, Tagabawa, etc. It has become a cosmopolitan of cultures accepted and respected
by all

Presently, MIST is one of the public higher educational institutions in Region
XII and among the 78 local universities and colleges that was evaluated and found to
be eligible to provide free tuition and other school fees under Republic Act No.


10931 or the “Universal Access to Quality Tertiary Education Act of 2017,” benefitting
students from the Province of Cotabato, adjacent towns and provinces.

With the proposed conversion of MIST into to a state college, it will have
automatic appropriation from the national budget for free tuition fee and other school
fees, and priority in public grants or financial aid and faculty development program.
These will redound to the benefit of the students, faculty and community

The funding from the national government will improve the institution’s
facilities and services that would allow more underprivileged or poor students within
and outside of the South Central Mindanao to avail of the free tertiary education. The
Indigenous Peoples State College will have the opportunities for linkages with other
public and private stakeholders and institutions towards enhanced professional
development and growth. Moreover, this conversion will also provide its faculty and
staff an improved access to professional training to meet the demands of the fast
changing educational landscape and develop the core values of producing morally
responsible, innovative, gender and culture-sensitive, transformative and globally
competitive individuals.

‘The development and industrialization of the South Central Mindanao may also be
attained by capacitating its citizens with the knowledge acquired through college
education. By converting the MIST into a state college, the students and citizens of
South Central Mindanao and other provinces are more assured of a high quality and
sustainable education, and brighter future.

In view of the foregoing, the immediate passage of this bill is earnestly
sought.

IN. RUDY $/ CAOAGDAN

Repfetaive
\ District, North Cotabato


Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 2369

Introduced by Representative Rudy S. Caoagdan, DPA

AN ACT
CONVERTING THE MAKILALA INSTITUTE OF SCIENCE AND
TECHNOLOGY IN THE MUNICIPALITY OF MAKILALA, PROVINCE OF
COTABATO INTO A STATE COLLEGE TO BE KNOWN AS THE
MINDANAO = INDIGENOUS PEOPLES STATE 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 Makilala Institute of Science and
Technology in the Municipality of Makilala, Province of Cotabato is converted into a
state college to be known as the Mindanao Indigenous Peoples State College,
hereinafter referred to as the College.

SEC. 2. General Mandate. — The College shall primarily provide higher
professional training in, and offer programs in the fields of education, agriculture,
engineering and computing, information technology, business, health and sciences,
criminal justice and other related fields of study as well as vocational technical
programs.

It shall also undertake research and extension services and production
activities in support of the socio-economic development of the South Central
Mindanao and provide progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings. — The College shall offer undergraduate and
graduate programs in the fields of education, agriculture, engineering and computing,
information technology, business, health and sciences, criminal justice and other related
fields of study 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 Indigenous Peoples State College.


SEC. 4. Administration. ~ The College shall have the general powers of a
corporation set forth in Republic Act No. 11232, otherwise known as the “Revised
Corporation Code of the Philippines.” The administration of the college and the
exercise of its corporate powers are vested exclusively in the Board of Trustees and
President of the College.

SEC. 5. Governing Body. — The governing body of the college is the Board
of Trustees, hereinafter referred to as the Board, which is composed of the following:

a) Chairperson of the Commission on Higher Education (CHED), as
chairperson;

) President of the College, as vice chairperson;
) Chairperson of the Committee on Education, Arts and Culture of the Senate;

d) Chairperson of the Committee on Higher and Technical Education of the
House of Representatives;

e) Regional director of the National Economic and Development
Authority;

f) Regional director of the Department of Science and Technology;

g) Regional director of the Technical Education and Skills Development
Authority (TESDA);

h) President of the faculty association of the College;
i) President of the student council of the College;
j) President of the alumni association of the College; and

k) Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or fields of specialization.

The Board shall appoint the prominent citizens from a list of five (5)
qualified persons in South Central Mindanao, as recommended by the search
committee constituted by the Board. The standards and qualifications of the prominent
citizens are based on the standards and qualifications set by the Board

The president of the faculty association, student council and alumni
association of the College shall serve in the Board for the duration of their term of office,
as set forth in their respective constitution and by-laws.

‘The two (2) prominent citizens shall serve for a term of two (2) years from the
date of appointment and maybe served for a maximum of 2 terms or 4 years.

SEC. 6. Promulgation and Implementation of Policies. - The Board shall
promulgate and implement policies in accordance with the provisions of the


Constitution on education, agriculture, science and technology, and other declared
policies of the State on education, including 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. — In addition to its general powers of
administration and the exercise of all powers granted to the Board of Trustees under
existing laws, the Board shall exercise the following powers and duties:

a) Promulgate rules and regulations not contrary to law as may be necessary
to carry out the purposes and functions of the College;

b) Receive and appropriate all sums in accordance to government accounting
rules and regulations, as may be provided for the support of the College in the
manner it may determine, to carry out the purposes and functions of the College:

c) Receive in trust legacies, gifts and donations of real and personal properties
of all kinds, and administer or dispose of the same when necessary for the benefit of
the College, subject to limitations, directions and instructions of the donor.

The donations are exempt from the donor’s tax and consider as allowable
deductions from the gross income in the computation of the income tax of the donor,
in accordance with the provisions of the Tax Reform Act of 1997 as amended:
Provided, that such donations shall not be disposed, transferred or sold.

d) Coordinate with CHED, TESDA and other governing boards of educational
institutions in the country, consult with the Department of Budget and Management
(DBM) and work towards the restructuring of the College to become more efficient,
relevant, productive and competitive;

€) Approve the curricula, institutional programs and rules of discipline drawn by
the administrative academic councils as herein provided;

f) Establish applied research and extension programs that support the goals and
objectives of the college and in support of national development;

g) Develop and implement a system of equivalency and credit transfer within the
College to encourage students to enroll in the College, including the recognition of
prior learning to encourage competent people in the industry to teach in the College;

h) Adopt modern and innovative modes of transmitting knowledge, including
the use of information technology, the dual training system, open distance learning,
community laboratory, and competency-based training for the promotion of greater
access to professional and technological education and skills development;

i) Set policies on admission, retention, graduation and certification of students,

j) Fix the tuition and other necessary fees and charges, including matriculation
fees, graduation fees and laboratory fees as the Board may deem proper to impose after


due consultations with the involved sectors: Provided, That such fees and charges,
including government subsidies and other income generated by the College, shall
be considered as special trust funds and deposited in any authorized government
depository bank, and all interests that shall accrue therefrom shall form part of the
same fund for the use of the College: Provided, further, That any provision of
existing laws, rules and regulations to the contrary notwithstanding, any income
generated by the College from tuition 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
and projects of the College: Provided, finally, That all fiduciary fees shall be disbursed
for the specific purposes for which they 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:

k) Adopt and implement a socialized scheme of tuition and other school
fees for greater access to education of poor but deserving students in accordance
with the provisions of Republic Act No. 10931, otherwise known as the “Universal
Access (0 Quality Tertiary Education Act”;

1) Fix and adjust the salaries of faculty members and administrative officials
and employees, subject to the provisions of Republic Act No. 6758, as amended,
otherwise known as the “Compensation and Position Classification Act of 1989,”
and other pertinent budget and compensation laws governing hours of service, and
such other duties and conditions as it may deem proper; grant them at its discretion,
leaves of absence under regulations as it may promulgate, any provision of existing
law to the contrary notwithstanding; and remove them for cause in accordance with
requirements of due process of law;

m) Establish professorial chairs in the College and provide local and
international fellowships to qualified faculty members who rendered at least three
(3) years of service to the College upon the recommendations of the administrative and
academic council;

n) Develop academic arrangements for institutional capability- building with
appropriate institutions and agencies, public and private, local and foreign and appoint
experts or specialist as consultants, part-time or visiting or exchange professors, scholars
or researchers, as the case may be;

0) Authorize the construction or repair of the buildings, equipment and other
facilities and purchase or acquisition of real and personal properties, including
necessary supplies, materials and equipment: Provided, That such purchases and other
transactions entered into by the College through the Board are exempt from all taxes
and duties;

p) Import duty-free economic, technical and cultural books or publications,


machineries and equipment, upon certification by the CHED that such imported books
or publications, machineries and equipment 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;

q) Enter into joint ventures with business and industry for the profitable
development and management of the assets of the College and use the proceeds of the
joint ventures for the development and strengthening of the College;

1) Develop consortia and other forms of linkages with local government units,
institutions and agencies, both public and private, local and foreign, in furtherance of
the purposes and objectives of the College;

s) Privatize, where most advantageous to the College, management of non-
academic services such as health, food, building, grounds, property management
and similar activities;

t) Award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of education, public service, arts, science and technology, or
in any field of specialization within the academic competence of the College and
authorize the awarding of certificates of completion of non-degree and non-
traditional courses;

u) Delegate any of its powers and duties provided herein to the president
or other officials of the College, as it may deem appropriate, to expedite the
administration of the affairs of the College;

v) Authorize an external management audit of the College, subject to the rules
and regulations of the Commission on Audit and institute reforms, including
academic and structural changes, on the basis of the audit results and recommendations;
and

w) Establish policy guidelines and procedures for participative decision-making
and transparency within the College

SEC. 8. Meetings of the Board. ~ The Board shall regularly convene at least
once every quarter. The chairperson may, upon three (3) days prior written notice, call a
special meeting whenever necessary.

A majority of all the members holding office shall constitute a quorum for the
board meetings: Provided, that the chairperson or vice-chairperson of the Board is
among those present in the meeting.

The members of the Board may not receive any salary but may reimburse actual
and necessary expenses incurred for attending the Board meetings or other official
business authorized by the Board, subject to existing laws, rules and regulations.

SEC. 9. College President. ~ The College is headed by a president who shall
render full-time service. The president is appointed by the Board, subject to the


guidelines, qualifications and standards set by the Board, upon the recommendation
of a duly constituted search committee. The president shall serve for a term of four
(4) years and shall be cligible for reappointment for another term. In order to effect
a smooth transition to a state college, the current head of the Makilala Institute of
Science and Technology shall be the officer-in-charge until such time the president is
appointed.

In case of vacancy in the office of the president, the Board shall elect the
successor who shall hold office for the unexpired term of the predecessor. If the
successor served for a period of more than two (2) years, the successor is
considered to have served a full term. The Board shall designate an officer in charge
until a new president is appointed.

The powers and duties of the president of the College in addition to those
specifically provided in this Act and designated by the Board, are those usually
pertaining to the office of the president of similar educational institutions.

The salary of the president is subject to the provisions of Republic Act No. 6758,
as amended, otherwise known as the “Compensation and Position Classification
Act of 1989.”

SEC. 10. 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 the policies governing the administration, management
and development planning of the College.

SEC. 11. Academic Council. - There shall be an academic council
consisting of the president of the College as chairperson and all academic staff with the
rank not lower than assistant professor as members.

The academic council shall review and recommend the curricular offerings and
rules of discipline of the College, for the approval of the Board. It shall fix the
requirements for the admission of students, as well as for their graduation and
conferment of certificates and diplomas, subject to review and approval of the Board
through the president of the College.

‘The academic council shall, having disciplinary power over students of the
College, formulate academic policies, rules and regulations on discipline, subject
to the approval of the Board.

SEC. 12. College Secretary. — The Board shall appoint a secretary, who shall
serve as such for both the College and the Board and keep all the records and
proceedings of the Board. The secretary shall serve upon each member of the Board
the appropriate notice of the Board meetings.

SEC. 13. College Treasurer. — The Treasurer of the Philippines shall be the ex
officio treasurer of the College.


SEC. 14. Faculty. — No religious opinion or affiliation, political beliefs, gender
preference, cultural or community affiliation or ethnic origin, shall be a matter of
inquiry in the appointment of faculty members of the College: Provided, that no
member of the faculty shall teach for or against any particular church or organization.

SEC. 15. Admission and Scholarship Program. — No student shall be
denied admission to the College by reason of sex, religion, cultural or
community affiliation or ethnic origin, or political affiliation.

The College shall provide a scholarship program and other subsidies to assist
the poor but deserving students who qualify for admission to the College.

SEC. 16. Academic Freedom and Institutional Autonomy. — The College
shall enjoy academic freedom and institutional autonomy, pursuant to Section 5 (2),
Article XIV of the Constitution of the Republic of the Philippines.

“17. Development Plan, Management Audit, and Organizational
Structure. ~ Within 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 the program budget to
CHED and TESDA, for corresponding recommendation to the DBM;

b) Undergo a management audit in cooperation with CHED and TESDA;

c) Accordingly set up its organizational, administrative and academic structure,
including the appointment of key College officials; and

d) Set in motion the establishment of higher and advanced programs on
technological education

SEC. 18. Assets, Liabilities and Personnel. - Subject to the provisions of
Republic Act No. 7160, otherwise known as the “Local Government Code of 1991,”
all assets, real and personal, personnel and records of the Makilala Institute of
Science and Technology, as well as the liabilities or obligations, are transferred to the
College

The qualified incumbent faculty members and personnel of the Makilala
Institute of Science and Technology are automatically absorbed as personnel of the
College. All parcels of land occupied by the Makilala Institute of Science and
Technology are declared property of the College and shall be titled under that name.

SEC. 19. Authority to Loan or Transfer Apparatus, Equipment, Supplies and
Detail of Personnel. — The heads of bureaus and offices of the national government
are 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 may be spared without


serious detriment to public service. The employees 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. 20. Tax Exemptions. — The College shall be entitled to the following
tax exemptions:

(a) All revenues and assets of the College used exclusively and solely for
educational purposes or in furtherance thereof shall be exempt from all taxes and
duties;

(b) All grants, bequest, endowments, donations and contributions made to
the College to be used actually, directly and exclusively by the College shall be
exempt from donor's tax and the same shall be allowed as allowable deductions
from the gross income of the donor for purposes of computing the taxable income
of the donor in accordance with the provisions of the Tax Reform Act of 1997, as
amended;

(c) Importation of economic, technical, and cultural books or 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 Republic Act No. 10863,
otherwise known as the “Customs Modernization and Tariff Act”;

(d) The College shall be exempt from value-added tax as provided for in Section
109 (1) (H) of the Tax Reform Act of 1997, as amended; and

(e) All educational monetary awards shall be exempt from income tax as
prescribed in the Tax Reform Act of 1997, as amended.

SEC. 21. Auditing. — All accounts and expenses of the College shall be
audited by the Commission on Audit or its duly recognized representative.

SEC. 22. Compliance with CHED Requirements, — The provisions of this Act
notwithstanding, the conversion of the Makilala Institute of Science and Technology
into astate college shall become effective only upon the determination and declaration
by the CHED, based on the recommendation of a panel of experts that the institution
has complied with the requirements for a college status. The CHED, through its
regional office, shall regularly provide technical assistance to the institution and
monitor compliance with the requirements of the Commission.

The CHED shall designate a panel of experts who shall prepare a
recommendation to the chairperson of the CHED, on whether the institution has complied
with the requirements for the grant of college status. The following are the operational
requirements for a state college:

(a) Equivalent or appropriate accreditation under CHED policies and guidelines
for colleges;


(b) Ratio of qualified full-time faculty with requisite degree to number of
students;

(c) Adequate library and laboratories;

(d)Research and development output of practical and commercial application
to the community;

(e) Relevant linkages and outreach programs that are of service to the
community; and

(f) Relevant academic policies, systems and processes.

The Makilala Institute of Science and Technology shall enjoy the benefits of a
state college after complying with the requirements provided therein and attaining the
converted status.

SEC. 23. Suppletory Application. ~ The provisions of Republic Act No. 8292,
otherwise known as the “Higher Education Modernization Act of 1997,” shall
suppletory apply and serve as part of the governing charter of the College.

SEC. 24. Parity Clause. — All other powers, functions and privileges,
responsibilities and limitations to state universities and colleges and their officials
under existing laws are deemed granted or imposed upon the College and its officials,
whenever appropriate.

SEC. 25. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the current year’s
appropriations of the Mindanao Indigenous Peoples State College. Thereafter, such
sums as may be necessary for the continued operation and maintenance of the College
shall be included in the annual General Appropriations Act (GAA).

SEC. 26. Capital Outlay. - The amount of 50 million a year shall be allocated
every year for the next 5 years and will be incorporated in the GAA for the improvement
of the existing facilities and acquisition of technical, instructional and laboratory
equipment of the proposed Mindanao Indigenous Peoples State College.

SEC. 27. Implementing Rules and Regulations. — Within ninety (90) days
from the approval of this Act, the Board shall, in consultation with the chairperson
of CHED, promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 28. Separability Clause. - If any part or provision of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect.


SEC. 29. Repealing Clause. — All laws, presidential decrees, executive orders,
rules and regulations contrary to or inconsistent with the provisions of this Act are
repealed, amended, or modified accordingly.

SEC. 30. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,