Section 1. The Ilocos Sur Polytechnic College with its eight
(8) campuses in the second district of Ilocos Sur, is hereby
upgraded/converted into a state college, to be known as the Ilocos Sur
Polytechnic State College hereinafter referred to in this Act as the
College.
Sec. 2. The College shall primarily give
professional and technical training both in the undergraduate and the
graduate levels in the fields of economics, agriculture, fishery,
trade, home industry, engineering, education, forest research and
conservation, management, finance, accounting and business
administration, public administration and other fields as may be
relevant, besides providing for the promotion of scientific and
technological researches which the College deems necessary in carrying
out its objectives.
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 College until it shall have been transferred
to another location, or until its students shall have been accommodated
in other public or private high schools: provided, further, that the
College may operate a reasonably-sized laboratory school if it has a
college of education.
Sec. 3. The College shall offer undergraduate,
graduate and short-term technical courses within its area of
specialization as the Board of Trustees may deem necessary to carry out
its objectives, particularly in order to meet the needs of the province.
Sec. 4. The Governing Board; Manner of
Appointment. — (a) Composition — The governing body is hereby vested in
the Board of Trustees which shall be composed of the following:
(i) Chairman of the Commission on Higher Education
(CHED), chairman;
(ii) President of the College, vice-chairman;
(iii) Chairmen of the Congressional Committees on
Education and Culture;
(iv) Regional director of the National Economic and
Development Authority (NEDA) where the main campus of the College is
located;
(v) Regional director of the Department of Science
and Technology (DOST);
(vi) President of the faculty association;
(vii) President of the supreme student council or the
student representative elected by the student council: provided, that
in the absence of a student council president or student representative
elected by the student council, the College shall schedule one (1) week
for the campaign and election of a student representative;
(viii) President of the alumni association of the
College; and
(ix) Two (2) prominent citizens who have
distinguished themselves in their professions or fields of
specialization chosen from among a list of at least five (5) persons
qualified in the province where the school is located, as recommended
by the search committee constituted by the President in consultation
with the chairman of the CHED based on the normal standards and
qualifications for the position.
The private sector representatives shall be appointed by the Board of
Trustees upon recommendation of a duly constituted search committee.
(b) Term of Office — The presidents of the faculty
and alumni associations and the student regents or trustees shall sit
in the Board until the Expiration of their term of office in such
capacities.
The prominent citizens shall serve for a term of two (2) years.
(c) Meetings; Quorum — The Board of Trustees shall
regularly convene at least once every quarter. The chairman of the
Board of Trustees may call a special meeting whenever necessary:
provided, that members are notified in writing at least three (3) days
prior to said meeting.
A majority of all members holding office shall constitute a quorum for
board meetings: provided, that the chairman of the CHED who is the
chairman of the Board or the president of the College 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 College as vice-chairman shall be the presiding officer: provided,
further, that this proviso notwithstanding, the chairman of the CHED is
hereby authorized to designate a CHED commissioner the regular chair to
the Board of the College, in which case said CHED commissioner shall
act as the presiding officer.
The members shall serve without compensation, but they shall be
reimbursed for necessary expenses incurred in their attendance of
meetings of the Board or in connection with their official business
authorized by resolution of the Board.
Sec. 5. Powers and Duties of Governing Board. —
The governing 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
Sec. 86 of Batas Pambansa Blg. 68, otherwise known as the
Corporation Code of the Philippines:
(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 appropriate all sums as may be
provided for the support of the College in the manner it may determine,
in its discretion, to carry out the purposes and functions of the
College;
(c) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds, to administer and dispose
the same when necessary for the benefit of the College, subject to
limitations, directions and instructions of the donors, if any. Such
donations shall be exempt from all taxes and shall be considered as
deductible items from the income tax of the donor; and
(d) To fix the tuition fees and other necessary
school charges, such as but not limited to matriculation fees,
graduation fees and laboratory fees, as their respective boards may
deem proper to impose after due consultations with the involved sectors.
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
fund for the use of the College.
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 of Trustees 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 they are
collected.
If, for reasons beyond its control, the College shall not be able to
pursue any project for which funds have been appropriated and allocated
under its approved program of expenditures, the Board of Trustees 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;
(e) To adopt and implement a socialized scheme of
tuition and school fees for greater access to poor but deserving
students;
(f) 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. Purchases and other transactions
entered into by the College through the Board of Trustees shall be
exempt from all taxes and duties;
(g) To appoint, upon the recommendation of the
president of the College, vice-presidents, deans, directors, heads of
departments, faculty members and other officials and employees;
(h) To fix and adjust salaries of faculty members and
administrative officials and employees subject to the provisions of the
revised compensation and classification system 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 provisions of existing law to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
(i) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(j) To set policies on admission and graduation of
students;
(k) To award honorary degrees upon persons in
recognition of outstanding contribution in the field 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 award of certificates of completion of non-degree and
nontraditional courses;
(l) To absorb non-chartered tertiary institutions
within their respective provinces in coordination with the CHED and in
consultation with the Department of Budget and Management, and to offer
therein needed programs or courses, to promote and carry out equal
access to educational opportunities mandated by the Constitution;
(m) To establish research and extension centers of
the College where such will promote the development of the latter;
(n) To establish chairs in the College and to provide
fellowships for qualified faculty members and scholarships to deserving
students;
(o) 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;
(p) 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;
(q) To collaborate with other governing boards of
state universities and colleges within the province or the region,
under the supervision of the CHED and in consultation with the
Department of Budget and Management, the restructuring of said colleges
and universities to become more efficient, relevant, productive and
competitive;
(r) To enter into joint ventures with business and
industry for the profitable development and management of the economic
assets of the College or institution, the proceeds from which to be
used for the development and strengthening of the College;
(s) 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 College;
(t) 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 as may be;
(u) 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, etc.,
for the promotion of greater access to higher education;
(v) To establish policy guidelines and procedures for
participative decision-making and transparency within the College;
(w) To privatize, where most advantageous to the
College, management and nonacademic services such as health, food,
building or grounds or property maintenance and similar such other
activities; and
(x) To extend the term of the president of the
College 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.
Sec. 6. Promulgation and Implementation of
Policies. — The governing 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; as well as the
policies, standards and thrusts of the CHED under Republic Act No. 7722.
Sec. 7. The Administration. — The Administration
of the College shall be vested in the president of the College who
shall render full-time service. He shall be appointed by the Board of
Trustees, upon the recommendation of a duly constituted search
committee. He shall have a term of four (4) years and shall be eligible
for reappointment for another term: provided, that this provision shall
not adversely affect the term of the incumbent.
The president shall be assisted by a vice-president for academic
affairs who shall be appointed by the Board upon the former's
recommendation without prejudice to the appointment of more than one
vice-president when so warranted.
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.
In case of vacancy in the office of the president as mentioned in the
immediately preceding paragraph, his successor shall hold office for
the unexpired term.
Sec. 8. 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 shall communicate to each member of the Board notice of
meetings.
Sec. 9. The Treasurer of the Philippines. — The
Treasurer of the Philippines shall be the ex officio treasurer of the
College.
Section 10. Administrative Council. — There shall be
an administrative council consisting of the president of the College as
chairman, the vice-president(s), deans, directors and other officials
of equal rank as members, and whose duty is to review and recommend to
the Board of Trustees policies governing the administration, management
and development planning of the College for appropriate action.
Section 11. Academic Council. — There shall be an
academic council with the president of the College as chairman and all
members of the instructional staff with a rank of not lower than
assistant professor as members.
The academic council shall have the power to review and recommend the
curricular offerings and rules of discipline of the College subject for
appropriate action of the Board of Trustees. It shall fix the
requirements for the admission of students as well as for graduation
and the conferment of degrees subject to review and/or approval by the
Board of Trustees through the president of the College.
Section 12. Academic Freedom. — Pursuant to paragraph
2, Sec. 5, Article XIV of the Constitution of the Republic of the
Philippines, all institutions of higher learning, public or private,
shall enjoy academic freedom and institutional autonomy.
Section 13. Admission. — No student shall be denied
admission to the College by reasons of sex, nationality, religion,
political affiliation or physical disability.
Section 14. No religious opinion or affiliation shall
be the matter of inquiry in the appointment of faculty members of the
State College: provided, however, that no member of the faculty shall
teach for or against any particular church or religious sect.
Section 15. No member of the faculty of the State
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
agitates the throw of the duly constituted government.
Section 16. The appointment of the officer-in-charge
of the State College pending the appointment of the President by the
Board upon its composition, shall be made by the Commission on Higher
Education (CHED).
Section 17. On or before the fifteenth (15th) day of
June of each year, the Board shall file with the President of the
Philippines a detailed report, setting forth the programs, conditions
and needs of the State College.
Section 18. All the assets, fixed and movable,
personnel records and facilities of the Ilocos Sur Polytechnic College
as well as their liabilities or obligations, are hereby transferred to
the Ilocos Sur Polytechnic State College: provided, however, that the
positions, rights and security of tenure of personnel therein employed
under existing laws prior to absorption by the State College are not
impaired: provided, further, that the incumbents of the positions shall
remain in the same status until otherwise provided for by the Board.
All parcels of land belonging to the government occupied by the Ilocos
Sur Polytechnic College are hereby declared the property of the Ilocos
Sur Polytechnic State College and shall be titled under that name:
provided, furthermore, that should the State College cease to exist or
be abolished or such parcels of land aforementioned be no longer needed
by the College, the same shall revert to the Province of Ilocos
Sur.
Section 19. All accounts and expenses of the College
shall be audited by the Commission on Audit or its authorized
representative.
Sec. 20. The provisions of Republic Act No. 8292
otherwise known as the "Higher Education Modernization Act of 1997,"
shall form an integral part of this Act and together shall serve as the
governing charter of the university.
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 bureau or office, such
apparatus, equipment, supplies or services of such employees can be
spared without serious detriment to the public service. 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 service.
Sec. 22. It shall be the continuing policy of the
State College to accept the affiliation and/or integration within its
operation of any existing national school whose programs can contribute
largely and effectively to the attainment of its objectives: provided,
however, that in the case of integration, the chairman of the
Commission on Higher Education (CHED) is hereby authorized to determine
and approve the specific existing national schools that are to be
integrated as part of the College. In this particular case, it is
understood that all funds, properties, and other assets as well as
obligations of the integrated schools shall be transferred to the
College.
Sec. 23. The Bureau of Lands, the Bureau of
Fisheries and Aquatic Resources, and the Bureau of Forest Management
are hereby directed to coordinate with the Ilocos Sur Polytechnic State
College for the endowment and/or expropriation of at least five hundred
hectares out of the alienable and disposable areas of the Province of
Ilocos Sur for the agricultural, forestry and fishery programs of the
State College.
Sec. 24. The amount needed to carry out the
provisions of the Act shall be charged against the current year's
appropriations of the Ilocos Sur Polytechnic College except the sum
needed to continue the operations of the existing high schools.
Thereafter, such amount as may be necessary for the continued operation
and maintenance of the Ilocos Sur Polytechnic State College shall be
included in the annual General Appropriations Act.
Sec. 25. All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or amended
accordingly.
Sec. 26. This Act shall take effect upon its
approval.
Approved: February 24, 1998
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