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BATAS PAMBANSA BILANG. 394BATAS PAMBANSA BLG. 394 - AN ACT
CONVERTING THE EASTERN SAMAR COLLEGE OF AGRICULTURE IN THE MUNICIPALITY
OF BORONGAN, PROVINCE OF EASTERN SAMAR, INTO A STATE COLLEGE TO BE
KNOWN AS THE EASTERN SAMAR STATE COLLEGE AND TO AUTHORIZE THE
APPROPRIATION OF FUNDS THEREFOR
Section 1. The Eastern Samar College of Agriculture in
Borongan, Eastern Samar, is hereby converted into a state college to be
known as the Eastern Samar State College, hereinafter referred to in
this Act as College.
Sec. 2. The College shall primarily provide
collegiate level technological, professional and vocational instruction
and training in science, agricultural and industrial fields, as well as
short-term technical or vocational course. It shall promote research,
advanced studies and progressive leadership in its areas of
specialization.
Sec. 3. In addition to its present secondary and
agricultural curricular offerings, the College shall offer
undergraduate and graduate courses in the fields of science, technology
and industry as the Board of Trustees may deem necessary.
Sec. 4. No student shall be denied admission to
the College by reason of sex, ethnic consideration or religious belief
or affiliation.
Sec. 5. The head of the College shall be known as
the President of the Eastern Samar State College. He shall be appointed
by the President of the Philippines upon recommendation of the Board of
Trustees. His salary shall be fixed by the Board of Trustees comparable
to that being received by the president of similar educational
institutions of like enrolment and standing, subject to Presidential
Decree No. 985 and other pertinent budget and compensation laws.
The powers and duties of the President of the College, in addition to
those specifically provided for in this Act, shall be those usually
pertaining to the office of the president of a state college.
Sec. 6. The governing body of the College shall be
the Board of Trustees of the Eastern Samar State College. It shall be
composed of the Minister of Education, Culture and Sports as chairman,
the Regional Director of the National Economic and Development
Authority, the President of the College, and four (4) prominent
citizens of Region VIII 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 technology.
Provided, That at least one of the four appointed members shall be an
alumnus of the former Eastern Samar College of Agriculture. Of the
first group appointed, the President 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, the 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 field, 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.
When 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. 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 President or Secretary thereof.
Sec. 8. The members of the Board of Trustees shall
be entitled to an allowance of one 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. The Board of Trustees shall have the
following powers and duties in addition to its general powers of
administration, and the exercise of all the powers of a corporation 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
College;
(b) To confer degrees upon successful candidates for
graduation of the 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 College, or in recognition of the
public service: Provided, That such degrees shall not be conferred in
consideration of or to reciprocate some personal favor;
(c) To authorize the President of the College to
award proficiency certificates or diplomas to students who have
completed non-degree courses;
(d) To appoint, on recommendation of the President of
the College, a vice-president, deans, directors, secretary of the
College, registrar, heads of departments, professors, instructors,
lecturers and other officials, and employees of the College, to fix
their compensation, subject to Presidential Decree No. 985 and other
pertinent budget and compensation laws, hours of service, and such
other duties and conditions as it may deem proper, to grant to them, in
its discretion, leave of absence under such regulations as it may
promulgate, any provisions of existing law to the contrary
notwithstanding; to remove them for cause in the 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 fellowship for qualified faculty
members and/or scholarships to deserving students;
(g) To prescribe rules for its own government and to
enact for the government of the College such rules and regulations, not
contrary to law, as may be necessary to carry out the purposes and
functions of the 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 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 to be considered as
deductible items from the income tax of the donors.
Sec. 10. 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 College.
Sec. 11. There shall be a College Council
consisting of the President of the College and all members of the
faculty who teach collegiate courses. The Council shall have the power
to prescribe the curricula and rules of discipline, subject to the
approval of the Board of Trustees. It shall fix the requirements for
admission to the College, as well as for graduation and the conferring
of degrees subject to review by the Board of Trustees. The Council
alone shall have the power to recommend students or other to be
recipients of degrees. Through the President of the 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 body of instructors and professors of
the College shall constitute the faculty of the College.
Sec. 13. No member of the faculty of the 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 preaches the
overthrow of the government through violence or subversion.
Sec. 14. There shall be a Secretary of the College
who shall be appointed by the Board of Trustees upon recommendation of
the President of the College. He shall also be the Secretary of the
Board and shall keep such records of the College as may be determined
by the Board of Trustees.
Sec. 15. The Treasurer of the Philippines shall be
ex officio treasurer of the College and all accounts and expenses
therefor shall be audited by the Commission on Audit or its duly
authorized representative.
Sec. 16. 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 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. All assets of the Eastern Samar College
of Agriculture, whether fixed or movable, records and personnel, are
hereby transferred to the Eastern Samar State College.
Sec. 18. All existing appropriations for the
Eastern Samar College of Agriculture are hereby transferred to the
Eastern Samar State College, to be disbursed in accordance with this
Act. The necessary sum for the operation and maintenance of the new
college shall be provided for its subsequent General Appropriations
Acts, until which time the operation of the institution as a college is
deferred, provided that its new name shall take effect upon approval of
this Act.
Sec. 19. The Minister of Education, Culture and
Sports is hereby directed to take such steps as are necessary for the
immediate implementation of this Act.
Sec. 20. All laws inconsistent with the provisions
of this Act are hereby repealed or amended accordingly.
Sec. 21. This Act shall take effect upon its
approval.
Approved: May 18, 1983 (P.B.
No. 175)
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