Section 1. A State University to be known as the Ramon
Magsaysay Technological University, hereinafter referred to as the
University, is hereby established out of the integration of the Ramon
Magsaysay Polytechnic College in the Municipality of Iba, Province of
Zambales, and integrating therewith within three (3) years as its
component colleges the Western Luzon Agricultural College in the
Municipality of San Marcelino and the Candelaria School of Fisheries in
the Municipality of Candelaria, both in the Province of Zambales. The
main campus of the University shall be the Ramon Magsaysay Polytechnic
College in Iba, Zambales.
Sec. 2. The University shall primarily provide
instructions, undertake research and extension, and provide advanced
studies and progressive leadership in agriculture, forestry,
engineering, education, arts, sciences, humanities, and other fields as
may be relevant to the development of the province.
Sec. 3. The State University shall offer
undergraduate, graduate and short-term technical courses within its
areas of specialization as the Board of Regents may deem necessary to
carry out its development objectives, particularly in meeting the needs
of the province.
The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education, Culture and Sports:
Provided, That this high school shall be allowed to remain and operate
within the campus of the University until their students shall have
completed high school: Provided, further, That the University may
operate a reasonably-sized laboratory school if it has a College of
Education.
Sec. 4. The governing body of the University shall
be the Board of Regents, hereinafter referred to as the Board, which
shall be composed of the following:
(1) Chairman of the Commission on Higher Education
(CHED), chairman;
(2) President of the University, vice-chairman;
(3) Chairman of the Committee on Education, Arts and
Culture of the Senate, member;
(4) Chairman of the Committee on Education and
Culture of the House of Representatives, member;
(5) Regional Director of the National Economic and
Development Authority (NEDA), member;
(6) President of the federation of faculty
associations of the university, member;
(7) President of the federation of supreme student
councils of the University, member;
(8) President of the federation of alumni
associations of the University, member; and
(9) Two (2) prominent citizens who have distinguished
themselves in their professions or fields of specialization of the
University, chosen from among a list of at least five (5) persons
qualified in the city or the province where the University is located,
as recommended by the search committee of the University constituted by
the University president, in consultation with the Chairman of the
CHED, based on the normal standards and qualifications for the
position, members.
The presidents of the federations of faculty and alumni associations
and the student regents shall sit in the Board until the expiration of
their term of office in such capacities.
The two (2) prominent citizens shall serve for a term of two (2) years.
In case of vacancy by reason of death, resignation, removal for cause
or incapacity of the president to perform the functions of his office,
the Board shall have the authority to designate an officer-in-charge
pending the appointment of a new president.
Sec. 5. The Board shall promulgate and implement
policies in accordance with the declared policies on education and
other pertinent provisions of the Philippine Constitution on education,
science and technology, arts, culture, and sports, as well as the
policies, standards, and thrusts of the CHED under Republic Act No.
7722.
Sec. 6. 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 promulgate rules and regulations not contrary
to law as may be necessary to carry out the purposes and functions of
the University;
(b) To receive and appropriate all sums as may be
provided for the support of the University in the manner it may, in its
discretion, determine to carry out the purposes and functions of the
University;
(c) 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
University 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;
(d) To fix the tuition fees and other necessary
charges of the University such as, but not limited to, matriculation
fees, graduation fees and laboratory fees, as the Board may deem proper
to impose after due consultation with the involved sectors;
Such fees and charges, including government subsidies and other income
generated by the University, 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
fund for the use of the University.
Any income generated by the University from tuition fees and other
charges, as well as from the operation of auxiliary services and land
grants, shall be retained by the University, and may be disbursed by
the Board for instruction, research, extension or other
programs/projects of the University: Provided, That all fiduciary fees
shall be disbursed for the specific purposes for which they are
collected.
If, for reasons beyond its control, the University 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 used for the attainment of the objectives and
goals of the university or college.
(e) To authorize the construction or 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;
(f) To appoint, upon the recommendation of the
President of the University, vice-presidents, deans, directors, and
heads of departments, faculty members and other officials and employees
of the University;
(g) To fix and adjust salaries of faculty members and
administrative officials and employees in accordance with the Revised
Compensation and Position Classification System;
(h) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(i) To set policies on admission and graduation of
students;
(j) To award honorary degrees upon persons in
recognition of their outstanding contributions in the fields of
education, public service, arts, science and technology, or in any
field of specialization of the University, and to authorize the
awarding of certificates for completion of non-degree and
non-traditional courses;
(k) To establish branches or centers in the Province
of Zambales, if and when it becomes essential and necessary, where
there is no existing school offering similar programs or courses to
promote and carry out equal access to educational opportunities as
mandated by the Constitution;
(l) To establish chairs in the University and to
provide fellowships for qualified faculty members and scholarships to
deserving students;
(m) To establish research and extension centers of
the University where such will promote the development of the latter;
(n) To delegate any of its powers and duties provided
for hereinabove to the President and/or other officials of the
University as it may deem appropriate so as to expedite the
administration of the affairs of the University;
(o) To authorize an external management audit of the
institution, to be financed by the CHED and to institute reforms,
including academic and structural changes, on the basis of the audit
results and recommendations;
(p) To collaborate with other governing boards of
state universities within the province or region, under the supervision
of the CHED and in consultation with the Department of Budget and
Management, the restructuring of the University to become more
efficient, relevant, productive and competitive;
(q) To 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 institution;
(r) To develop academic arrangements for institution
capability building with appropriate institutions and agencies, public
or private, local or foreign, and to appoint experts/specialists as
consultants, or visiting or exchange professors, scholars, researchers,
as the case may be;
(s) To set up the adoption of modern and innovative
modes of transmitting knowledge such as the use of information
technology, the dual system, open learning, community laboratory and
the like, for the promotion of greater access to higher education;
(t) To establish policy guidelines and procedures for
participative decision-making and transparency within the institution;
(u) To privatize, where most advantageous to the
institution, management and non-academic services such as health, food,
building or grounds or property maintenance and similar such other
activities; and
(v) To extend the term of the President of the
University beyond the age of retirement but not later than the age of
seventy (70), whose performance has been unanimously rated as
outstanding and upon unanimous recommendation by the search committee
for the President of the University.
Sec. 7. The Board shall convene regularly at least
once every quarter. The Chairman of the Board may call a special
meeting whenever necessary: Provided, That members are notified in
writing at least three (3) days prior to said meeting.
A quorum of the Board shall consist of a majority of all members
holding office at the time of the meeting: Provided, however, That the
Chairman of the CHED, who is the Chairman of the Board or the President
of the University, is among those present in the meeting.
In the absence of the Chairman of the CHED, a Commissioner of the CHED,
duly designated by him, shall represent him in the meeting with all the
rights and responsibilities of a regular member: Provided, however,
That in the said meeting, the President of the University as
vice-chairman shall be the presiding officer.
The members shall serve without compensation but shall be reimbursed
for necessary expenses incurred in their attendance of the meetings of
the Board or in connection with their official business authorized by
resolution of the Board.
Sec. 8. The University shall be headed by a
president to be appointed by the Board upon recommendation of a duly
constituted search committee, and shall hold office for a term of four
(4) years, renewable only for another term, unless he/she reaches the
age of compulsory retirement or earlier removed for cause, or becomes
incapacitated to discharge the duties of the office.
In case of vacancy in the office of the president by reason of death,
resignation, compulsory retirement, 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
University, pending appointment of a successor.
The powers and duties of the President of the University, in addition
to those specifically provided in this Act, shall be those usually
pertaining to the office of the president of similar universities.
The salary of the President of the University shall be subject to the
existing compensation and position classification system and shall be
comparable to that being received by other presidents of similar
educational institutions of like standing.
In order not to disrupt the smooth functioning of the three (3)
campuses upon the effectivity of this Act, the position of the College
President of Western Luzon Agricultural College is hereby converted
into a University President, and its incumbent shall assume the
presidency up to the end of his current term without the necessity of a
new appointment.
Sec. 9. There shall be an administrative council
consisting of the President of the University as Chairman, the
vice-president(s), deans, directors, and other officials of equal rank
as members, whose duty is to implement the policies governing the
administration, management and development planning of the University,
as approved by the Board.
Section 10. There shall be an academic council with
the President of the University as chairman and all members of the
instructional staff with the rank not lower than assistant professor as
members. The academic council shall have the power to prescribe
curricular offering subject to the approval of the Board. It shall fix
the requirements for admission to the University, as well as for
graduation and the conferment of degrees, subject to review and/or
approval by the Board through the president of the University. It shall
also recommend rules and policies to prescribe student discipline.
Section 11. The Board shall appoint a secretary who
shall serve as such for both the Board and the University and shall
keep all records and proceedings of the Board. He shall communicate to
each member of the Board notice of meetings.
Section 12. The Treasurer of the Philippines shall be
the ex officio treasurer of the University.
Section 13. No religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty members of the
University: Provided, however, That no member of the faculty shall
teach for or against any particular church or religious sect.
Section 14. The University shall enjoy academic
freedom.
Section 15. On or before the fifteenth day of the
second month after the opening of regular classes each year, the Board
shall file with both Houses of Congress, a detailed report of the
progress, condition and needs of the University.
Section 16. All the assets, fixed and movable,
personnel and records of the Ramon Magsaysay Polytechnic College, the
Western Luzon Agricultural College and the Candelaria School of
Fisheries, except those belonging to or used by the high schools, as
well as liabilities or obligations, are hereby transferred to the
University: Provided, however, That the positions, rights and security
of tenure of personnel therein employed under existing laws prior to
the absorption by the University are not impaired: Provided, further,
That the incumbents of such positions shall remain in the same status
until otherwise provided for by the Board.
Section 17. The University may accept the affiliation
and/or integration within its operation of any existing national school
within the province whose programs can contribute largely and
effectively to the attainment of its objectives, in coordination with
the CHED and in consultation with the Department of Budget and
Management: Provided, That funds, properties and other assets, as well
as obligations of the integrated school shall be transferred to the
University.
Section 18. Within the period of one hundred twenty
(120) days after the approval of this Act, the University shall
accomplish the following:
(1) Submit a five (5) year development plan,
including its corresponding program budget, to the CHED, for
appropriate recommendation to the DBM;
(2) Undergo a management audit in coordination with
the CHED;
(3) Accordingly set up its organization,
administrative as well as academic structure, including the
appointment/designation of university key officials;
(4) Set in motion the establishment of at least four
(4) separate degree granting units, one of which is in the arts and
sciences and another, at the graduate level.
Section 19. The operation of the institution as a
university shall not begin until after three (3) years from the
effectivity of this Act. Within said transition period, which shall not
exceed three (3) years, the three (3) campuses shall rationalize their
thrust and integrate their programs, develop the University's research,
extension and community service programs, recruit and upgrade their
faculty and personnel, build the required library, laboratory
facilities and infrastructure, and set up their organizational
structure, all in accordance with their development plan.
Sec. 20. The amount necessary for the
implementation of this Act shall be charged against the current year's
appropriations of the Ramon Magsaysay Polytechnic College, the Western
Luzon Agricultural College and the Candelaria School of Fisheries,
except the sum needed to continue the operations of the existing high
school. Thereafter, at the end of the three (3)-year transition period,
such sum as may be necessary for the continued operation and
maintenance of the Ramon Magsaysay University shall be included in the
annual General Appropriations Act.
Sec. 21. The provisions of Republic Act No. 8289,
otherwise known as the "Higher Education Modernization Act," shall form
an integral part of this Act and together shall serve as the governing
charter of the University.
Sec. 22. 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.
Sec. 23. 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.
Sec. 24. This Act shall take effect upon its
approval.
Approved: February 12, 1998
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