REPUBLIC
ACT NO. 7935
(as
amended by RA 8651, RA 11756, RA 11540, and other laws)
Be
it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION
1. The
Adiong Memorial Polytechnic College in the Municipality of Ditsaan-Ramain,
Province of Lanao del Sur, is hereby converted into a State college to be known
as the Adiong Memorial State College[1], hereinafter referred to
as the State College.
SECTION
2. The
State College shall primarily provide higher professional, technical and
special instructions for special purposes and promote research and extension
services and advanced studies in agriculture, forestry, ecology, and other
allied courses as may be relevant.
The
existing high school shall be transferred to the jurisdiction and supervision
of the Department of Education[2]: Provided, That this high school shall be allowed to remain and operate
within the campus of the State 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.
SECTION
3. The
State College shall also offer short-term technical and vocational non-degree
courses within its area of specialization, as the Board of Trustees may deem
necessary to carry out its objectives and to meet the needs of the nation.
SECTION
4. The
State College shall have the general powers of a corporation as set forth in
the Corporation Law. The administration of the State College and the exercise
of its corporate powers shall be vested exclusively in the Board of Trustees
and the President of the State College insofar as authorized by the Board of
Trustees.
SECTION
5. The
governing body of the State College shall be the Board of Trustees, hereinafter
referred to as the Board, which shall be composed of the following:
(a)
Chairman of the
Commission on Higher Education (CHED), chairman;
(b)
President of the
State College, vice chairman;
(c)
Chairman of the
Committee on Education and Culture of the Senate, member;
(d)
Chairman of the
Committee on Education and Culture of the House of Representatives, member;
(e)
Director-General
of the National Economic and Development Authority (NEDA), member;
(f)
President of the
faculty association of the State College, member;
(g)
President of the
student council of the State College, member;
(h)
President of the
alumni association of the State College, member; and
(i)
At least two (2)
prominent citizens who have distinguished themselves in their professions or
fields of specialization chosen from among the list of at least five (5)
persons qualified in the city or the province where the school is located, as
recommended by a search committee constituted by the school president in consultation
with the Chairman of the CHED based on the normal standards and qualifications
for the position, members.
The
Chairman of the Commission on Higher Education, the president of the State
College, the education committee chairmen of the Senate and the House, and the
Director-General of the National Economic and Development Authority shall have
an ex officio term of office.
The
term of office of the president of the faculty association, the president of
the student council and the president of the alumni association shall be
coterminous with their term/terms of office.
The
two (2) prominent citizens shall serve for a term of four (4) and two (2)
years, respectively.
SECTION
6. 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.
SECTION
7. 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 State College;
(b)
To receive and
allocate all sums as may be provided for the support of the State College in
the manner it may, in its discretion, determine to carry out the purposes and
functions of the State 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 at a comparable price;
(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 State 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 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;
(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;
(g)
To approve
appointments of vice presidents, deans, directors and heads of departments and
confirm the appointments of faculty members and other officials and employees
made by the president of the State College;
(h)
To fix and
adjust the salaries of faculty members, and administrative officials and
employees in accordance with 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 their outstanding contribution in the fields of
education, public service, arts, science and technology, or in any field of
specialization of the State College, and to authorize the awarding of
certificates for completion of non-degree and nontraditional courses;
(k)
To establish
branches in the Province of Lanao del Sur, 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 State College and to provide fellowships for qualified faculty
members and scholarships to deserving students; and
(m)
To accept the
integration of other public schools within the province that will eventually
offer tertiary courses in the future.
SECTION
8. The Board of Trustees shall convene regularly
at least once every two (2) months. However, the chairman of the Board of
Trustees may, upon three (3) days prior written notice, call a special meeting
whenever necessary.
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 State 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 and of a presiding officer.
A
senator, preferably coming from the region or province where the school is
located, shall automatically represent the Chairman of the Senate Committee on
Education and Culture, where he is unable to attend, with all the rights,
privileges and responsibilities of a regular member.
A
representative of the House coming from the district where the school is located
shall automatically represent the Chairman of the House Committee on Education
and Culture, when he is unable to attend, with all the rights, privileges and responsibilities
of a regular member: Provided, That in the case
of a multi-campus school located in a multi-district province, any of the representatives
where the campus is located may represent the chairman.
In
the absence of the Director-General of the NEDA, the regional director where
the school is located shall represent him.
SECTION
9. The
State College shall be headed by a president who shall render full-time service.
The president shall be appointed by the Board, subject to its guidelines,
qualifications, and standards and upon the recommendation of its duly
constituted search committee, for a term of four (4) years, eligible for reappointment
for another term.[3]
In
case of vacancy in the office of the president by reason of death, resignation,
or incapacity of the president to perform the functions of his office, or
removal for a cause, the Board shall have the authority to designate an
officer-in-charge of the State 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.
The
powers and duties of the president of the State College, in addition to those
specifically provided in this Act, shall be those usually pertaining to the
office of the president of similar colleges.
The
salary of the president of the State College shall be subject to the Revised
Compensation and Position Classification System and shall be comparable to that
being received by the presidents of similar educational institutions of like
enrollment and standing.
SECTION
10. There
shall be an administrative council consisting of the president of the State
College, as chairman, the vice president(s), deans, directors, and other
officials of equal rank whose duty is to implement the policies governing the
administration, management and development planning of the State College, as
approved by the Board.
SECTION
11. There
shall be an academic council with the president of the State 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 prescribe curricular offerings subject to the approval of the Board. It
shall fix the requirements for the admission of the State College, as well as
for graduation and conferring of degrees, subject to review and/or approval by
the Board through the president of the State College. It shall also have
disciplinary powers over the students through the president within the limits
prescribed by the rules of discipline, as approved by the Board.
SECTION
12. There
shall be a secretary of the State College who shall be appointed by the Board
upon recommendation of the president 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.
SECTION
13. The
Treasurer of the Philippines shall be the ex officio treasurer of the State
College.
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
student shall be denied admission to the State College by reason of sex,
nationality, religion or political affiliation.
SECTION
16. 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 agitates the overthrow of the duly constituted government.
SECTION
17. 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 CHED.
SECTION
18. On
or before the fifteenth (15th) day of the second 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 to
both Houses of Congress, a detailed report on the progress, conditions and
needs of the State College.
SECTION
19. All
the assets, fixed and movable, personnel records and facilities of the Adiong
Memorial Polytechnic College as well as liabilities or obligations, are hereby
transferred to the 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 in accordance with civil service rules and
regulations, and other pertinent provisions of law. All parcels of land
belonging to the government occupied by the Adiong Memorial Polytechnic College
are hereby declared the property of the Adiong Memorial 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 State College,
the same shall revert to the Province of Lanao del Sur.
SECTION
20. All
accounts and expenses of the State College shall be audited by the Commission on
Audit or its duly authorized representative.
SECTION
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 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 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 State College,
and the time so employed shall be counted as part of their regular services.
SECTION
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 case of integration,
the chairperson of the CHED is authorized to determine and approve the
affiliation and/or integration of the specific existing national school. In
such case, all funds, properties and other assets, as well as obligations of
the integrated school shall be transferred to the State College.
SECTION
23. The
amount necessary for the initial implementation of this Act shall be charged
against the current year’s apportions of the Adiong Memorial Polytechnic
College. Thereafter, such amount as may be necessary for the continued operation
and maintenance of the Adiong Memorial State College shall be included in the annual
General Appropriations Act.
SECTION
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.
SECTION
25. This
Act shall take effect upon its approval.
Approved: June 10, 1998