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BATAS PAMBANSA BILANG. 394


BATAS PAMBANSA BLG. 394 - AN ACT CONVERTING THE EASTERN SAMAR COLLEGE OF AGRICULTURE IN THE MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR, INTO A STATE COLLEGE TO BE KNOWN AS THE EASTERN SAMAR STATE COLLEGE AND TO AUTHORIZE THE APPROPRIATION OF FUNDS THEREFOR

Section 1. The Eastern Samar College of Agriculture in Borongan, Eastern Samar, is hereby converted into a state college to be known as the Eastern Samar State College, hereinafter referred to in this Act as College.

Sec. 2. The College shall primarily provide collegiate level technological, professional and vocational instruction and training in science, agricultural and industrial fields, as well as short-term technical or vocational course. It shall promote research, advanced studies and progressive leadership in its areas of specialization.

Sec. 3. In addition to its present secondary and agricultural curricular offerings, the College shall offer undergraduate and graduate courses in the fields of science, technology and industry as the Board of Trustees may deem necessary. 

Sec. 4. No student shall be denied admission to the College by reason of sex, ethnic consideration or religious belief or affiliation.

Sec. 5. The head of the College shall be known as the President of the Eastern Samar State College. 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 of Trustees comparable to that being received by the president of similar educational institutions of like enrolment and standing, subject to Presidential Decree No. 985 and other pertinent budget and compensation laws.

The powers and duties of the President of the College, in addition to those specifically provided for in this Act, shall be those usually pertaining to the office of the president of a state college.

Sec. 6. The governing body of the College shall be the Board of Trustees of the Eastern Samar State College. It shall be composed of the Minister of Education, Culture and Sports as chairman, the Regional Director of the National Economic and Development Authority, the President of the College, and four (4) prominent citizens of Region VIII to be appointed by the President of the Philippines, as members.

Of the four appointed members, one shall be an authority in science, one in agriculture, one in arts and trades, and one in technology. Provided, That at least one of the four appointed members shall be an alumnus of the former Eastern Samar College of Agriculture. Of the first group appointed, the President shall designate one to serve for one year, one to serve for two years, one to serve for three years, and one to serve for four years.  Thereafter, the persons appointed to succeed such members shall hold office for a term of four years and until their successors, who should be experts in the same field, shall have been appointed and qualified. In case of permanent vacancy, the position shall be filled by appointment by the President of the Philippines. Such appointee shall hold office for the unexpired term only.

When the Minister of Education, Culture and Sports is unable to perform his duties as Chairman of the Board due to illness, absence or other cause, or in case of a vacancy in the office, the Deputy Minister of Education, Culture and Sports shall temporarily perform the functions of the chairman of the said Board. The Chairman may assign qualified officials to represent him with full authority in the Board.

Sec. 7. A quorum of the Board of Trustees shall consist of a majority of all the members holding office at the time a meeting is called. All processes against the Board of Trustees shall be served on the President or Secretary thereof. 

Sec. 8. The members of the Board of Trustees shall be entitled to an allowance of one hundred pesos a month: Provided, That they shall be reimbursed for actual and necessary expenses incurred either in attendance upon meetings of the Board or upon other official business authorized by resolution of the Board, subject to existing budget laws on honoraria and allowances.

Sec. 9. The Board of Trustees shall have the following powers and duties in addition to its general powers of administration, and the exercise of all the powers of a corporation as provided in Sec. 36 of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the Philippines:

(a) To receive and appropriate for the purposes specified by law such sums as may be provided for the support of the College;

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

(c) To authorize the President of the College to award proficiency certificates or diplomas to students who have completed non-degree courses;

(d) To appoint, on recommendation of the President of the College, a vice-president, deans, directors, secretary of the College, registrar, heads of departments, professors, instructors, lecturers and other officials, and employees of the College, to fix their compensation, subject to Presidential Decree No. 985 and other pertinent budget and compensation laws, hours of service, and such other duties and conditions as it may deem proper, to grant to them, in its discretion, leave of absence under such regulations as it may promulgate, any provisions of existing law to the contrary notwithstanding; to remove them for cause in the College, and provide for the maintenance or endowment of such Chairs as may be necessary; 

(e) To approve the curricula and rules of discipline drawn by the College Council as hereinafter provided;

(f) To provide fellowship for qualified faculty members and/or scholarships to deserving students;

(g) To prescribe rules for its own government and to enact for the government of the College such rules and regulations, not contrary to law, as may be necessary to carry out the purposes and functions of the College; 

(h) To receive in trust legacies, gifts and donations of real and personal property of all kinds, to administer the same for the benefit of the College, or the departments thereof, or for aid to any student or students, in accordance with the directions and instructions of the donor, and in default thereof, in such manner as the Board of Trustees may in its discretion determine. All such donations shall be exempt from all taxes and to be considered as deductible items from the income tax of the donors.

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 file with the Office of the President of the Philippines a detailed report, setting forth the progress, conditions and needs of the College.

Sec. 11. There shall be a College Council consisting of the President of the College and all members of the faculty who teach collegiate courses. 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 the College, as well as for graduation and the conferring of degrees subject to review by the Board of Trustees. The Council alone shall have the power to recommend students or other to be recipients of degrees. Through the President of the College or its duly authorized committee, the Council shall have disciplinary power over the students within the limits prescribed by the rules of discipline.

Sec. 12. The body of instructors and professors of the College shall constitute the faculty of the College. 

Sec. 13. No member of the faculty of the College shall attempt directly or indirectly, under penalty of dismissal by the Board of Trustees, to influence students or any person in the College towards any ideology, political or otherwise, which preaches the overthrow of the government through violence or subversion.

Sec. 14. There shall be a Secretary of the College who shall be appointed by the Board of Trustees upon recommendation of the President of the College. He shall also be the Secretary of the Board and shall keep such records of the College as may be determined by the Board of Trustees.

Sec. 15. The Treasurer of the Philippines shall be ex officio treasurer of the College and all accounts and expenses therefor shall be audited by the Commission on Audit or its duly authorized representative. 

Sec. 16. 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 head of the bureau or office such apparatus, equipment, supplies or the services of such employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duty as required under such detail and the time so employed shall be counted as part of their regular official service.

Sec. 17. All assets of the Eastern Samar College of Agriculture, whether fixed or movable, records and personnel, are hereby transferred to the Eastern Samar State College.

Sec. 18. All existing appropriations for the Eastern Samar College of Agriculture are hereby transferred to the Eastern Samar State College, to be disbursed in accordance with this Act. The necessary sum for the operation and maintenance of the new college shall be provided for its subsequent General Appropriations Acts, until which time the operation of the institution as a college is deferred, provided that its new name shall take effect upon approval of this Act. 

Sec. 19. The Minister of Education, Culture and Sports is hereby directed to take such steps as are necessary for the immediate implementation of this Act.

Sec. 20. All laws inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Sec. 21. This Act shall take effect upon its approval.

Approved: May 18, 1983 (P.B. No. 175) 

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