Republic Act No. 10085
An
Act Separating the University of Northern Philippines (UNP) Candon
Branch (Formerly Candon Community College) in the City of Candon, from
the University of Northern Philippines in the City of Vigan, Both
Located in the Province in the City of Ilocos Sur
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Separation/Conversion.
The University of Northern Philippines (UNP) Candon Branch (formerly
Candon Community College) in the City of Candon is hereby separated from
the University of Northern Philippines in the City of Vigan, both
located in the Province of Ilocos Sur and converted into a state college
to be known as the North Luzon Philippines State College, hereinafter
referred to as the College.cralawLibrary
Sec. 2. General Mandate.
The College shall primarily provide advanced education, higher
technological, professional instruction and training in the arts,
sciences, education, entrepreneur ship, engineering, agriculture,
medicine, nursing, law, architecture, business administration, hotel and
restaurant management, tourism, information technology and other
relevant fields of study. It shall also promote and undertake research
and extension services in support of the socioeconomic development of
Ilocos Sur, and provide progressive leadership in its areas of
specialization.cralaw
Sec. 3. Curricular Offerings.
The College shall offer undergraduate and graduate studies in the
fields of arts, sciences, education, entrepreneur ship, engineering,
agriculture, medicine, nursing, law, architecture, business
administration, hotel and restaurant management, tourism, information
technology and other degrees 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 Province of Ilocos Sur and Region I: Provided, That no
degree program shall be offered without the approval of the Commission
on Higher Education before the same shall be approved by the Board.cralawLibrary
Sec. 4. Administration.
The College shall have the general powers of a corporation set forth in
Batas Pambansa Blg. 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.cralaw
Sec. 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:chanroblesvirtuallawlibrary
- The Chairperson of the Commission on Higher Education (CHED), Chairperson;
- The President of the College, Vice Chairperson;
- 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;
- The Regional Director of the National Economic and Development Authority (NEDA), member;
- The Regional Director of the Department of Science and Technology (DOST), member;
- The Regional Director of the Department of Agriculture (DA), member;
- The President of the faculty association of the College, member;
- The President of the student council of the College, member;
- 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, 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 Ilocos
Sur, 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 set by the Board.cralaw
The President
of the faculty association, the President of the student council and
the President of the alumni association shall serve in the Board only
for the duration of their terms of office, as set forth in their
respective constitutions and bylaws.cralaw
The two (2) prominent citizens shall serve for a term of two (2) years from the date of appointment.cralaw
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 provisions
of the Philippine Constitution on education, agriculture, science and
technology, as well ae the policies, standards and thrusts of the CHED
under Republic Act No. 7722, otherwise known as the "Higher Education
Act of 1994".cralaw
Sec. 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:chanroblesvirtuallawlibrary
- To
promulgate rules and regulations not contrary to law as may be
necessary to carry out the purposes and functions of the College;
- 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;
- 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;
- 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 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;
- 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.cralaw
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.cralaw
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 purposes for which these are collected.cralaw
If, for reasons beyond its control, the College shall not be able to
pursue any project for which the 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;
- To adopt and implement a socialized scheme of tuition and other school fees for greater access to poor but deserving students;
- 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;
- To
appoint, upon recommendation of the President of the College, Vice
Presidents, deans, directors, heads of departments, faculty members and
other officials and employees of the College;
- 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 as modified by Joint Resolution No. 4
dated June 17, 2009 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;
- To
approve the curricula, instructional programs and rules of discipline
drawn by the Administrative and the Academic Councils herein provided;
- To set policies on admission and graduation of students;
- To
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 to authorize the awarding of certificates
of completion of nondegree and nontraditional courses;
- To
establish and absorb non-chartered tertiary institutions within the
Province of Ilocos Sur 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;
- To establish research and extension centers of the College where such will promote the development of the latter;
- To
establish professorial chairs in the College and to provide fellowships
for qualified faculty members and scholarships to deserving students;
- 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;
- To
authorize an external management audit of the College, subject to the
rules and regulations of the Commission on Audit (COA); and to institute
reforms, including academic and structural changes, on the basis of the
audit results and recommendations;
- To
collaborate with other governing boards of the state colleges and
universities within the Province of Ilocos Sur or Region I, 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;
- 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 the furtherance of the purposes and
objectives of the College;
- 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;
- 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 education;
- To establish policy guidelines and procedures for participative decision-making and transparency within the College;
- 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
- 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.
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 whenever necessary.cralawLibrary
A quorum of the Board shall 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.cralaw
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.cralaw
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.cralaw
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.cralaw
Sec. 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 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 CHED shall appoint an
Officer-in-Charge of the College, pending the appointment of the first
President of the College.cralaw
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).cralaw
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.cralaw
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.cralaw
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 universities, and
those delegated by the Board.cralaw
The salary of the President of
the College shall be in accordance with the Revised Compensation and
Position Classification System as modified by Joint Resolution No. 4
dated June 17, 2009 and shall be comparable to that being received by
the Presidents of similar educational institutions.cralaw
The
President of the College shall be assisted by the Vice President/s, who
shall be appointed by the Board upon recommendation of the President.cralaw
Sec. 10. The Administrative Council.
There shall be an Administrative Council consisting of the President of
the College as Chairperson, Vice Presidents, deans, directors, campus
administrator 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.cralaw
Sec. 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.cralaw
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.cralaw
Sec. 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.cralaw
Sec. 13. The Treasurer of the College. The Treasurer of the Philippines shall be the ex officio treasurer of the College.cralaw
Sec. 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, 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.cralaw
Sec. 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.cralaw
No student shall be denied admission
to the College by reason of gender, religion, cultural or community
affiliation or ethnic origin.cralaw
Sec. 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.cralaw
Sec. 17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of Personnel.
The heads of the bureaus and offices of the national government 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 public service.cralaw
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.cralaw
Sec. 18. Assets, Liabilities and Personnel.
All assets, real and personal, personnel and records of the UNP Candon
Branch (formerly Candon Community College), 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.cralaw
All parcels of land belonging to the
government and occupied by the UNP Candon Branch (formerly Candon
Community College) 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.cralawLibrary
Sec. 19. Appropriations.
The amount necessary to carry out the provisions of this Act shall be
charged against the current year's appropriations of the UNP Candon
Branch (formerly Candon Community College). Thereafter, such sums as may
be necessary for the continued operation and maintenance of the North
Luzon Philippines State College shall be included in the annual General
Appropriations Act.cralaw
Sec. 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:chanroblesvirtuallawlibrary
- Submit
a five (5)-year development plan, including its corresponding program
budget to the CHED, for corresponding recommendation to the DBM;
- Undergo a management audit in cooperation with the CHED;and
- Accordingly
set up its organizational, administrative, as well as academic
structure, including the appointment of the key officials of the
College.
Sec. 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.cralaw
Sec. 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 ae part of the Governing Charter of the College.cralaw
Sec. 23. CHED Monitoring and Evaluation.
The CHED shall conduct regular monitoring and evaluation to determine
continuing compliance with the requirements on college status. In the
event that the Commission finds that the College does not maintain
compliance thereof, it shall submit the appropriate recommendation for
the revocation of the college status to the Senate Committee on
Education, Arts and Culture and the House Committee on Higher and
Technical Education.cralaw
Sec. 24. 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.cralaw
Sec. 25. Implementing Rules and Regulations. The Board, in consultation with the CHED, shall formulate the guidelines to fully implement the provisions of this Act.cralaw
Sec. 26. 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.cralaw
Sec. 27. 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.cralaw
Sec. 28. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.cralawLibrary
Approved:chanroblesvirtuallawlibrary
(Sgd.) JUAN PONCE ENRILE |
(Sgd.) PROSPERO C. NOGRALES |
President of Senate |
Speaker of the House of Representatives |
This Act which originated in the House of Representatives was finally
passed by the House of Representatives and the Senate on February 3,
2010 and February 2, 2010, respectively.
(Sgd.) EMMA LIRIO-REYES |
(Sgd.) MARILYN B. BARUA-YAP |
Secretary of Senate |
Secretary General House of Representatives |
Approved: MAY 05 2010
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines |