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BATAS PAMBANSA BILANG. 304


BATAS PAMBANSA BLG. 304 - AN ACT CONVERTING THE TIBURCIO TANCINCO MEMORIAL VOCATIONAL SCHOOL IN THE CITY OF CALBAYOG, INTO AN INSTITUTE OF SCIENCE AND TECHNOLOGY TO BE KNOWN AS THE TIBURCIO TANCINCO MEMORIAL INSTITUTE OF SCIENCE AND TECHNOLOGY, AND APPROPRIATING FUNDS THEREFOR

Section 1. The Tiburcio Tancinco Memorial Vocational School in the City of Calbayog is converted into an institute of science and technology to be known as the Tiburcio Tancinco Memorial Institute of Science and Technology, hereinafter referred to as the Institute. 

Sec. 2. The Institute shall primarily provide higher technological, professional and vocational instruction and training in trade, fishery, agriculture, science, education, commerce, and engineering. It shall also promote research, advanced studies and progressive leadership in its areas of specialization.

Sec. 3. In addition to its present evening opportunity classes, short vocational courses, secondary courses, and collegiate offerings in trade and industrial education, the Institute shall offer graduate courses leading to the degrees of Master of Arts in Industrial Education, Master of Arts in Vocational Education, Master of Arts in Teaching Vocational Education, Master of Arts in Education; the five-year engineering courses, particularly those leading to the degrees of Bachelor of Science in Civil Engineering, Industrial Engineering, Electrical Engineering, Mechanical Engineering, Marine Engineering, Mining Engineering, Chemical Engineering, Architecture, and such collegiate courses as Commerce, Agriculture, Fishery, and other offerings in various fields of specialization as the Board of Trustees may deem necessary. Evening classes in the above-mentioned courses shall be offered. 

Sec. 4. The governing body of the Institute shall be the Board of Trustees of the Tiburcio Tancinco Memorial Institute of Science and Technology, to be composed of the Minister of Education and Culture, who shall be the Chairman of the Board; the President of the Institute, Vice-Chairman; and, as members of the Board, the Regional Director of Ministry of Education and Culture for Region VIII, the Regional Director of the National Economic and Development Authority for Region VIII, the President of the Alumni Association of the Institute, and two prominent citizens of Region VIII who shall be appointed by the President of the Philippines upon recommendation of the Minister of Education and Culture. Of the two appointed members, one shall be an authority in science and technology, and the other, a successful industrialist of Region VIII. In the absence of the Minister of Education and Culture or in the event that there is no incumbent Minister of Education and Culture, his functions as Chairman of the Board shall be temporarily performed by the Deputy Minister of Education and Culture. In the absence or inability of both the Minister and the Deputy Minister of Education and Culture or when these positions are vacant, the other members of the Board may elect from among themselves a temporary Chairman of the Board. 

Sec. 5. The Board of Trustees shall exercise policy-making functions in accordance with the general policies, plans, and programs on education as may be formulated by the National Board of Education and the Minister of Education and Culture as well as the general policies, plans, and programs on national and regional development as may be issued by the National Economic and Development Authority.

Sec. 6. Subject to the provisions of Section five hereof, the Board of Trustees shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all powers of a corporation as provided in Section thirty-six of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of Philippines: 

a. To receive and appropriate for the purposes specified by law such amounts as may be provided for the support of the Institute;

b. To confer degrees upon successful candidates for graduation from the Institute. It may also confer honorary degrees upon persons in recognition of learning, statesmanship, or eminence in any of the fields of specialization of the Institute, or in recognition of public service; Provided, That such degrees shall not be conferred in consideration or reciprocation of some personal favor;

c. To authorize the President of the Institute to award certificates or diplomas to students who satisfactorily complete non-degree courses; 

d. To appoint, upon recommendation of the President of the Institute, the deans, directors, registrar, heads of departments, professors, assistant professors, instructors, lecturers, and other officials and employees of the Institute; to fix their compensation subject to Presidential Decree No. 985 and other pertinent budget and compensation laws, hours of service, and other duties or conditions as it may deem proper, to grant them, in its discretion, leaves of absence under such regulations as it may promulgate; and to remove them for cause after an investigation and hearing pursuant to civil service law governing disciplinary action;

e. To establish chairs in the Institute and to provide maintenance or endowment for them as may be necessary;

f. To approve the curricula and rules of discipline drawn by the College Council;  

g. To provide fellowship for qualified faculty members and scholarship to deserving students.

h. To prescribe rules for its own government and to enact for the government of the Institute such rules and regulations, not contrary to law, as may be necessary to carry out the purpose and functions of the Institute;

i. To receive in trust legacies, gifts, and donations of real and personal property of all kinds and to administer same for the benefit of the Institute or the departments thereof, in such manner as the Board of Trustees may, in its discretion, determine. All such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donors; 

j. To authorize the President of the Institute to undertake the construction or repair of its buildings, machineries, equipment, and other facilities: Provided, That funds for the purpose shall come from the authorized appropriation of the Institute.

Sec. 7. The members and the Secretary of the Board of Trustees shall serve without compensation but shall be entitled to a per diem of two hundred pesos (P200.00) per meeting actually attended: Provided, That the aggregate amount of per diem shall not exceed four hundred pesos (P400.00) during any month for each member and the Secretary. The Institute shall reimburse them for actual and necessary expenses incurred either in attendance of meetings of the Board or on official business authorized by resolution of the Board, subject to existing budget laws on honoraria and allowances.

Sec. 8. A quorum of the Board of Trustees shall consist of the majority of all members holding office at the time the meeting of the Board is called.

Sec. 9. All processes against the Board of Trustees shall be served on the President of the Institute. 

Sec. 10. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board of Trustees shall submit to the President of the Philippines, through the Minister of Education and Culture, a detailed report setting forth the progress, conditions, and the needs of the Institute.

Sec. 11. The head of the Institute shall be known as the President of the Tiburcio Tancinco Memorial Institute of Science and Technology. He shall be appointed by the President of the Philippines upon recommendation of the Board of Trustees. His salary shall be fixed by the Board, comparable to that being received by president of similar institutions, subject to Presidential Decree No. 985 and other pertinent budget and compensation laws. The powers and duties of the President of the Institute, in addition to those specifically provided for in this Act, shall be those pertaining to the Office of the President of a state college.

Sec. 12. The Treasurer of the Republic of the Philippines shall be the ex officio Treasurer of the Institute. All accounts and expenses of the Institute shall be audited by the Commission Audit or its duly authorized representative.

Sec. 13. There shall be a Secretary of the Institute who shall be appointed by the Board of Trustees upon recommendation of the President of the Institute. He shall also be the Secretary of the Board of Trustees and shall keep such records of the Institute as may de determined by the Board. 

Sec. 14. There shall be a College Council consisting of the President of the Institute and all the members of the faculty with the rank of professor. The Council shall have the power to prescribe the curricula and rules of discipline, subject to the approval of the Board of Trustees. It shall fix the requirements for admission to, and graduation from, the Institute as well as the conferring of degrees, subject to review by the Board. The Council alone shall have the power to recommend students or others to be recipients of degrees. Through the President of the Institute or a duly authorized committee, the Council shall have disciplinary power over the students within the limits prescribed by the rules of discipline.

Sec. 15. The body of college deans, registrar, heads of departments, professors, and instructors shall constitute the faculty of the Institute, with the President of the Institute as the presiding officer. Members of the faculty shall be conveyed by the appropriate civil service rules and regulations. 

In the appointment of members of the faculty, no party loyalty check or religious test shall be applied, nor shall religious opinion or affiliation be a matter of inquiry: Provided, That no member of the faculty shall teach for or against any particular church or religious sect.

Sec. 16. No member of the faculty of the Institute shall attempt directly or indirectly, under penalty of dismissal by the Board of Trustees, to influence students or any other person in the Institute towards any ideology, political, or otherwise, which preaches the overthrow of the government through violence of subversion.

Sec. 17. No student shall be denied admission to the Institute by reason of sex, ethnic consideration, religion, or political affiliation.

Sec. 18. The President of the Institute, in cooperation with the City Schools Superintendent of Calbayog, may use once or more of the city elementary or secondary schools as training or laboratory for student teaching of the Institute.

Sec. 19. Heads of bureaus and offices of the national government are authorized to loan or transfer, upon request of the President of the Institute, such apparatus, supplies, equipment, and buildings as may be needed by the Institute and to detail employees for duty therein, when in the judgment of the bureau or office such apparatus, supplies, equipment, buildings, or service of such employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duty as is required under such detail, and the time so employed shall be counted as part of their regular official service. 

Sec. 20. In order not to disrupt the smooth functioning of the present curricula of the Tiburcio Tancinco Memorial Vocational School, the faculty and other personnel of said school shall be absorbed by the Institute with the incumbent Vocational School Superintendent as the first President of the Institute until after such time when the President of the Philippines appoints the head of the Institute upon recommendation of the Board of Trustees sitting en banc. The salary of the first President of the Institute shall be fixed by the Board in accordance with Section eleven of this Act. Salaries of the personnel of the Institute shall be determined in accordance with Presidential Decree No. 985 and other pertinent budget and compensation laws. Salary increases of office personnel, where their performance warrants, may be effected by the Board, subject to Presidential Decree No. 985 and other pertinent budget and compensation laws.

Sec. 21. All assets of the Tiburcio Tancinco Memorial Vocational School, whether fixed or movable, its present sites as donated by the City of Calbayog, the timberland under rental by the school from the Bureau of Forest Development, and its records are transferred to the Institute. 

Sec. 22. The Ministry of Education and Culture is directed to take such steps as are necessary for the conversion of Tiburcio Tancinco Memorial Vocational School, the operation of the Institute, and the immediate implementation of this Act.

Sec. 23. All existing appropriations for the Tiburcio Tancinco Memorial Vocational School are hereby transferred to the Tiburcio Tancinco Memorial Institute of Science and Technology, to be disbursed in accordance with the provisions of this Act. The necessary sum for the operation and maintenance of the state college shall be provided for in subsequent General Appropriations Acts.

Sec. 24. All provisions of law inconsistent with this Act are repealed or modified accordingly.

Sec. 25. This Act shall take effect upon its approval.

Approved: November 14, 1982. (P.B. 1774)  

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