Section 1. The Davao Regional Institute of Fisheries
Technology in the Municipality of Panabo, Province of Davao, is hereby
converted into a state college, to be known as the Davao del Norte
State College, hereinafter referred to as the College.
Sec. 2. The College shall primarily provide higher
professional, technical, and special instructions for special purposes
and promote research and extension services, advanced studies and
progressive leadership in education, engineering, arts, sciences,
fisheries, and other fields as may be relevant.
Sec. 3. The College shall offer undergraduate and
graduate courses in the fields of education, engineering, arts and
sciences, agro-fisheries, other allied fisheries technology courses,
and degree courses as the Board of Trustees may deem necessary to carry
out its objectives. It shall also offer opportunity in short-term
technical or vocational courses within its area of specialization to
meet the needs of the nation.
Sec. 4. The existing secondary and
technical-vocational education schools shall be transferred to the
jurisdiction and supervision of the Commission on Higher Education:
provided, that this high school shall be allowed to remain and operate
within the campus of the College until it shall have been transferred
to another location, or until its student shall have been accommodated
in other high schools, public or private: provided, further, that the
College may operate a reasonably-sized laboratory school for the
education courses and the existing technical-vocational school with its
facilities and equipment shall serve and be used as the laboratory for
any relevant courses specified in Sec. 2 and Sec. 3 of this Act.
Sec. 5. The college shall have the general powers
of a corporation set forth in the Corporation Law. 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
insofar as authorized by the Board.
Sec. 6. The governing body of the College shall be
the Board of Trustees, hereinafter referred to as the Board, which
shall be composed of the following:
(a) The chairperson of the Commission of Higher
Education, chairman;
(b) The president of the College, vice-chairman;
(c) The chairman of the Committee on Education of the
Senate or a member of said committee having the power to vote as his
representative, member;
(d) The chairman of the Committee on Education of the
House of Representatives or a member of said committee having the power
to vote as his representative, member;
(e) The representative of the National Economic and
Development Authority, member;
(f) The president of the supreme student council of
the College, member;
In addition, the Board may appoint the following, as members, when
deemed necessary:
The president of the alumni association of the College; and
Two (2) prominent citizens who have distinguished themselves in their
professions or fields of specialization in the College and who are to
be chosen from among those qualified in the Province of Davao.
The president of the alumni association, as well as the two (2)
prominent citizens so appointed by the Board, shall have the same
powers, authority and privileges as the regular members of the Board.
The chairperson of the Commission on Higher Education, the president of
the College, the chairpersons of the education committees of the Senate
and the House, and the representative of the National Economic and
Development Authority shall serve in an ex officio capacity. The
president of the supreme student council and, when deemed necessary,
the president of the alumni association shall serve for one (1) year,
and for the two (2) appointed prominent citizens, one shall serve for
four (4) years, and the other for two (2) years.
For the purpose of this section, the alumni association and the student
councils in each campus of the College shall organize their respective
federations.
Sec. 7. 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, science and technology, arts, culture and sports.
Sec. 8. 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:
(a) To enact rules and regulations not contrary to
law as may be necessary to carry out the purposes and functions of the
College;
(b) To receive and use all sums as may be provided
for the support of the College in the manner it may, in its discretion,
determine to carry out the purposes and functions of the College;
(c) To import duty-free essential commodities,
materials and equipment for educational or technological programs as an
exception to existing laws, provided such commodities, materials and
equipment are not available locally;
(d) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds and to administer and
dispose 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 all taxes and shall be
considered as deductible items from the income tax of the donor;
(e) To fix to tuition fees and other necessary school
charges, such as, but not limited to, matriculations fees, graduation
fees, and laboratory fees, as the Board may deem proper to impose;
Fees and charges, including government subsidies and other income
generated by the College, shall constitute as special trust funds and
shall be deposited in any authorized government depository bank, and
all interest that shall accrue therefrom shall form part of the same
funds for the use of the College.
The income generated by the College may at their discretion be
disbursed for the professional growth and development, health, welfare,
and other similar benefits of the faculty members and personnel, for
extension and student welfare expenses so that the flexibility on use
of income shall be focused on faculty, personnel improvement and
student welfare activities, and for expenses necessary for the
attainment of its purposes under this Act.
(f) To authorize the construction and repair of its
buildings, machineries, equipment and other facilities and the purchase
and acquisition of real and personal properties, including necessary
supplies, materials and equipment. Purchases and other transactions
entered into by the College, through the Board, shall be exempt from
all taxes and duties;
(g) To confirm appointments of vice-presidents,
deans, directors, heads of departments, faculty members, and other
officials and employees of the College made by the president of the
College;
(h) 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;
(i) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(j) To confer degrees upon successful candidates for
graduation, to award honorary degrees upon persons in recognition of
outstanding contribution in the fields of education, public service,
arts, sciences and technology or in any field of specialization, and to
authorize the award of certificates for completion of non-degree and
non-traditional courses;
(k) To establish branches within the Province of
Davao if and when it becomes essential and necessary where there is no
existing school offering similar programs or courses to promote and
carry out legal access to education opportunities as mandated by the
Constitution; and
(l) To establish chairs in the College and to provide
fellowships for qualified faculty members and scholarships to deserving
students.
Sec. 9. A quorum of the Board shall consist of a
majority of all members holding office at the time of the meeting:
provided, however, that among those present is the chairperson of the
Commission on Higher Education, who is chairman of the Board, or the
president of the College who acts as presiding officer in the former's
absence. The Board shall convene regularly once every (2) months. The
chairman of the Board may call a special meeting whenever necessary.
The members of the Board shall not receive salary but shall be entitled
to reimbursement for actual and necessary expenses incurred either in
attendance in meetings of the Board or in other official business
authorized by resolution of the board subject to existing laws on laws
on honoraria and allowances.
SECTION 10. The College shall be headed by a
president to be appointed by the President of the Philippines upon
recommendation of the Board and shall hold office for a term of six (6)
years without reappointment unless he reaches the age of retirement or
is earlier removed for cause or incapacitated to discharge the duties
of the office.
In case of vacancy in the office of the president by reason of death,
resignation, incapacity of the president to perform the functions of
his office, or removal for cause, the Board shall have the authority to
designate an officer-in-charge of the College pending the appointment
of a successor. The new president shall hold office for the unexpired
term but in no case shall his term be more than six (6) years subject
to the provision of the preceding paragraph.
In order not to disrupt the operation of the College and to insure the
smooth transition from institute to state college, the incumbent
vocational school administrator of the Davao Regional Institute of
Fisheries Technology (DRIFT) shall serve as the president of the Davao
del Norte State College until his successor shall have been appointed.
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 a college.
The salary of the president of the College shall be fixed by the Board
and shall be comparable to that being received by the president of
similar educational institutions of like enrollment and standing
subject to the provisions of the Revised Compensation and Position
Classification System.
SECTION 11. There shall be an administrative council
consisting of the president of the College as chairman and the
vice-president(s), deans, directors and other officials of equal rank
as members, whose duty is to implement the policies concerning the
administration, management and development planning of the College as
approved by the Board.
SECTION 12. There shall be an academic council with
the president of the College as chairman and all members of the
instructional staff with the rank of not lower than assistant professor
as members. The academic council shall have the power to prescribe
curricular offerings subject to the approval of the Board. It shall fix
the requirements for admission to the College as well as for graduation
and the conferment of degrees subject to review and/or approval by the
Board through the president of the College. It shall exercise
disciplinary power over the students through the president within the
limits prescribed by the rules of discipline approved by the Board.
SECTION 13. There shall be a secretary of the college
who shall be appointed by the Board upon recommendation of the
president of the College. He shall likewise act as the secretary of the
Board and shall keep such records of the College as may be determined
by the Board.
SECTION 14. The Treasurer of the Philippines shall be
the ex officio treasurer of the College.
SECTION 15. No religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty of the College:
provided, however, that no member of the faculty shall teach for or
against any particular church or religious sect.
SECTION 16. No student shall be denied admission to
the College by reason of sex, nationality, religion, or political
affiliation.
SECTION 17. The College shall enjoy academic freedom.
SECTION 18. On or before the fifteenth day of the
second month after the opening of regular classes each year, the Board
shall file with the Office of the President of the Philippines, through
the chairperson of the Commission on Higher Education and to both
Houses of Congress, a detailed report on the progress, conditions, and
needs of the College.
SECTION 19. All the assets, fixed and movable,
personnel and records of the Davao Regional Institute of Fisheries
Technology, as well as its liabilities or obligations, are hereby
transferred to the College: provided, However, that the positions,
rights, and security of tenure of personnel employed therein under
existing laws prior to absorption by the College are not impaired:
provided, further, that the incumbent holders of the various positions
therein shall retain their status until otherwise provided for by the
Board.
All parcels of land belonging to the government occupied by the Davao
Regional Institute of Fisheries Technology are hereby declared to be
the property of the Davao del Norte State College and shall be titled
under the name of the College: provided, that should the College cease
to exist or be abolished or should such parcels of aforementioned
lands be no longer needed by the College, the same shall revert to the
Province of Davao.
Sec. 20. All accounts and expenses of the College
shall be audited by the Commission on Audit or its duly authorized
representative.
Sec. 21. The 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 services of such employees can
be spared without serious detriment to the public service. 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 official service.
Sec. 22. It shall be a continuing policy of the
College to accept the affiliation and/or integration within its
operation of any existing national schools whose programs can
contribute largely and effectively to the attainment of its objectives:
provided, however, that in case of integration, the Commission on
Higher Education is hereby authorized to determine and approve the
specific existing national schools that are to be integrated as part of
the college. All funds, properties, and other assets as well as
obligations of the integrated schools shall then be transferred to the
college.
Sec. 23. The amount needed to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Davao Regional Institute of Fisheries Technology.
Thereafter, such sums as may be necessary for the operation and
maintenance of the College shall be included in the annual General
Appropriations Act.
Sec. 24. All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly.
Sec. 25. This Act shall take effect upon its
approval.
Approved: February 14, 1995
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