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BATAS PAMBANSA BILANG. 402BATAS PAMBANSA BLG. 402 - AN ACT
CONVERTING THE CLAVERIA NATIONAL RURAL HIGH SCHOOL IN THE MUNICIPALITY
OF CLAVERIA, PROVINCE OF MISAMIS ORIENTAL, INTO A STATE COLLEGE TO BE
KNOWN AS THE MISAMIS ORIENTAL STATE COLLEGE OF AGRICULTURE AND
TECHNOLOGY, AND APPROPRIATING FUNDS THEREFOR
Section 1. Conversion of the Claveria National Rural High
School into a State College. — The present Claveria National Rural High
School, located in the Municipality of Claveria, Province of Misamis
Oriental, is hereby converted into a state college to be known as the
Misamis Oriental State College of Agriculture and Technology,
hereinafter cited as the State College.
Sec. 2. Purposes and Objectives. — The State
College shall primarily provide higher technological, professional, and
vocational instruction and training in the fields of agriculture,
industry as well as in the arts and sciences, consistent with the goals
for national development. It shall also promote research, advanced
studies and progressive leadership in the various disciplines and areas
of specialization.
Sec. 3. Curriculum. — In addition to its present
secondary curriculum, the State College shall offer undergraduate and
graduate courses in the fields of arts, sciences, education,
agriculture, forestry, engineering, industry, and such other courses as
may be necessary to meet national and regional needs for trained
manpower.
Sec. 4. Prohibition. — No student shall be denied
admission to the State College by reason of sex, ethnic consideration,
religious belief or affiliation.
Sec. 5. The Vocational College Superintendent of
the State College. — The State College shall be headed by a Vocational
School Superintendent who shall be appointed by the President of the
Philippines upon the recommendation of the Board of Trustees created
under the next succeeding section hereof.
The powers and duties of the Vocational College Superintendent of the
State College, in addition to those specifically provided for in this
Act, shall be those usually presiding to the office of a president of a
state college. His salary shall be fixed by the Board of Trustees in an
amount comparable to that being received by presidents of similar state
colleges or educational institutions of like enrollment and standing.
Sec. 6. The Board of Trustees. — The State College
shall be governed by a Board of Trustees to be composed of the Minister
of Education, Culture and Sports as chairman and with the Regional
Director of the National Economic and Development Authority, the
Vocational College Superintendent of the State College, and four (4)
prominent citizens of Region X 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 Psychology. Of
the first group appointed, the President of the Philippines 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,
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 fields, 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.
In the event that 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. Quorum. — 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 Vocational College Superintendent or
Secretary thereof.
Sec. 8. Allowances. — The members of the Board of
Trustees shall be entitled to an allowance of one hundred pesos per
meeting actually attended but not more than three 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. Powers and duties of the Board of
Trustees. — The Board of Trustees shall have the following powers and
duties, in addition to its general powers of administration and its
powers exercised by boards of trustees in corporations 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
State College;
(b) To confer degrees upon successful candidates for
graduation of the State 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 State College, or in
recognition of public service: Provided, That such degrees shall not be
conferred in consideration of or to reciprocate some personal favor;
(c) To authorize the Vocational College
Superintendent of the State College to award proficiency certificates
or diplomas to students who have completed non-degree courses;
(d) To appoint, on recommendation of the Vocational
College Superintendent of the State College, vice president, deans,
directors, secretary of the State College, registrar, heads of
departments, professors, instructors, lecturers and other officials,
and employees of the State College; to fix their compensation subject
to P.D. No. 985 and other pertinent budget and compensation laws, hours
of service, and such other duties and conditions as it may proper; to
grant to them, in its discretion, leaves of absence under such
regulations as it may promulgate, any provision of existing law to the
contrary notwithstanding; to remove them for cause after an
investigation and hearing; to establish Chairs in the State 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 fellowships for qualified faculty
members and scholarships to deserving students;
(g) To prescribe rules for its own government and
enact for the government of the State College such rules and
regulations, not contrary to law, as may be necessary to carry out the
purposes and functions of the State 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 State 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 be considered as
deductible items from the income tax of the donors;
(i) To authorize the State College to undertake
construction and/or repair of its buildings, machinery and equipment
and other facilities, any provision of law or executive order to the
contrary notwithstanding: Provided, That the funds for the purpose
shall come from its appropriation.
Sec. 10. Progress Report. — 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 State College.
Sec. 11. The College Councils. — There shall be a
College Council consisting of the Vocational College Superintendent of
the State College and all members of the faculty with the rank of
professor. The Council shall have the power to recommend students or
others to be recipients of degrees. Through the Vocational College
Superintendent of the State 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 Faculty. — The body of instructors
and professors of the State College shall constitute the faculty of the
State College.
The faculty shall be covered by appropriate civil service rules and
regulations.
Sec. 13. Prohibitions. — 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 State College towards any ideology, political or
otherwise, which preaches the overthrow of the government through
violence or subversion.
Sec. 14. The Secretary of the State College. —
There shall be a Secretary of the State College who shall be appointed
by the Board of Trustees upon recommendation of the Vocational College
Superintendent of the State College. He shall also be the secretary of
the board and shall keep such records of the State College as may be
determined by the Board of Trustees.
Sec. 15. The Treasurer of the State College. — The
Treasurer of the Philippines shall be ex officio treasurer of the State
College and all accounts and expenses therefor shall be audited by the
Commission on Audit or its duly authorized representative.
Sec. 16. Loans and transfers of equipment,
supplies and personnel. — Heads of bureaus and offices of the national
government are hereby authorized to loan or transfer, upon request of
the Vocational College Superintendent of the State College, such
apparatus, equipment or supplies as may be needed by the State 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. Transfer of Assets and Records. — All
assets of the Claveria National Rural High School, whether fixed or
movable, records and personnel, are hereby transferred by the Misamis
Oriental State College of Agriculture and Technology.
Sec. 18. All existing appropriations for the
Claveria National Rural High School shall be transferred to the Misamis
Oriental State College of Agriculture and Technology, to be disbursed
in accordance with the provisions of this Act. The necessary sum for
the operation and maintenance of the new state college shall be
provided for in subsequent General Appropriations Acts, until which
time the operation of the institution as a state college shall be
deferred, provided that its new name shall take effect upon the
approval of this Act.
Sec. 19. The Minister of Education, Culture and
Sports shall promulgate rules and regulations and take such steps as
are necessary for the immediate implementation of this Act.
Sec. 20. Repealing Clause. — All laws inconsistent
with the provisions of this Act are hereby repealed or amended
accordingly.
Sec. 21. Effectivity. — This Act shall take effect
upon its approval.
Approved: June 10, 1983
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