Section 1. The Apayao Institute of Science and Technology
(AIST) in the Municipality of Conner, Province of Apayao, is hereby
converted into a chartered state college to be known as the Apayao
State College, hereinafter referred to as the State
College.
Sec. 2. The State College shall primarily provide
higher professional and technical programs, promote research and
extension services, advanced studies and progressive leadership in
agriculture, industry, environment, forestry, industrial technologies,
education, arts and sciences and other fields as may be relevant.
The existing annex high schools in Luna, Calanasan, Sta. Marcela,
Kabugao and Pudtol shall be transferred to the jurisdiction and
supervision of the Department of Education, Culture and Sports:
provided, that the State College may operate a reasonably-sized
laboratory school if it has a college of education.
Sec. 3. The State 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 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.
Sec. 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) The Chairman of the Commission on Higher
Education (CHED), chairman;
(b) The president of the State College, vice-chairman;
(c) The Chairman of the Committee on Education,
Culture and Arts of the Senate, member;
(d) The Chairman of the Committee on Education and
Culture of the House of Representatives, member;
(e) The Director-General of the National Economic and
Development Authority (NEDA), member;
(f) The president of the faculty association of the
State College, member;
(g) The president of the supreme student council of
the State College, member;
(h) The president of the alumni association, member;
and
(i) At least two (2) prominent citizens who have
distinguished themselves in their professions, chosen from among a list
of at least five (5) persons qualified in the Province of Apayao as
recommended by the search committee constituted by the State College
president in consultation with the chairman of the CHED based on the
normal standards and qualifications for the position, members.
The term of office of the presidents of the faculty association, the
alumni association and the supreme student council shall be coterminous
with their term of office. The two (2) prominent citizens shall serve
for a term of four (4) and two (2) years, respectively.
In case of vacancy in the office of the president, the
officer-in-charge of the State College designated by the Board shall
serve for the unexpired term only.
The president of the State College, whose term may be terminated
according to this Act, shall be entitled to full retirement benefits
under existing laws.
Sec. 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.
Sec. 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 law:
(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, subject to existing laws,
essential commodities, materials and equipment for educational or
technological programs, 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 as such, but not limited to, matriculation fees, graduation
fees and laboratory fees, as the Board may deem proper to impose.
Such fees and charges, including government subsidies and other income
generated by the State College, shall constitute special trust funds
and shall be deposited in any authorized government depository bank and
all interest that shall accrue therefrom shall form part of the same
funds for the use of the State College.
Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the State College from tuition
fees and other charges, as well as from the operation of auxiliary
services and land grants, shall be retained by the State College and
may be disbursed by the Board of Trustees for the instruction,
research, extension or other programs/projects of the State College:
provided, that all function fees shall be disbursed for the specific
purposes for which they are collected. If, for reasons beyond its
control, the State College shall not be able to pursue any project for
which funds have been appropriated and allocated under its approved
programs of expenditures, the Board of Trustees may authorize the use
of the 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 State College.
(f) To authorize the construction or repair of its
buildings, machinery, equipment and other facilities and the purchase
and acquisition of real and personal properties, including necessary
supplies, materials and equipment;
(g) To appoint upon recommendation of the president
of the State College, vice-presidents, deans, directors and heads of
departments, and the appointments of faculty members and other
officials and employees of the State College;
(h) To fix and adjust 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
outstanding contribution in the field of education, public service,
arts, science and technology, or in any field of specialization; and to
authorize the award of certificates for completion or nondegree and
nontraditional courses;
(k) To establish branches in the Province of Apayao,
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 in 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;
(m) 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 State College;
(n) 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;
(o) 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;
(p) To enter into joint ventures with business and
industry for the profitable development and management of the economic
assets of the College, the proceeds from which to be used for the
development and strengthening of the College;
(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 and
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, etc.,
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
College, management and nonacademic 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
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
for the president of the institution concerned.
Sec. 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.
In the absence of the director-general of the NEDA, the regional
director where the State College is located shall represent him.
The members of the Board shall not receive any salary but shall be
entitled to honoraria and reimbursements for actual and necessary
expenses incurred either in their attendance to meetings of the Board
or for other official business as authorized by resolution of the
Board, subject to existing laws on honoraria and allowances.
Sec. 9. The State College shall be headed by a
president to be appointed by the Board upon the recommendation of a
duly constituted search committee, and shall hold office for a term of
four (4) years, and shall be eligible for reappointment for another
term only, unless he reaches the age of 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, or incapacity of the president to perform the functions of
this office or removal for cause, the Board shall designate an
officer-in-charge of the State College pending the appointment of a
successor.
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 only.
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 and those
designated by the Board.
The salary of the president of the 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 for 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 the members of
the instructional staff with the rank of not lower than assistant
professors as members.
The academic council shall have the power to prescribe the curricular
offerings subject to the approval of the Board. It shall fix the
requirements for the admission to the State College as well as for
graduation and the conferring of degrees subject to review and/or
approval of the Board through the president of the State College. It
shall also have disciplinary power over the students 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 and political
affiliation.
Section 16. The State College shall enjoy academic
freedom.
Section 17. The Board shall, as it deems fit, appoint
the incumbent head of Apayao Institute of Science and Technology, if
qualified under the rules and regulations of the Commission on Higher
Education, as officer-in-charge of the State College pending the
appointment of a president.
Section 18. On or before the fifteenth 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 chairman of the Commission on Higher Education, and with
both Houses of Congress, a detailed report, on the progress, conditions
and needs of the State College.
Section 19. 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 College.
Sec. 20. All the assets, fixed and movable,
personnel records and facilities, as well as the liabilities or
obligations of the Apayao Institute of Science and Technology main and
its extension high school in Conner, except that of the extension high
schools in Luna, Calanasan, Sta. Marcela, Kabugao and Pudtol, are
hereby transferred to the Apayao 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 qualified 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 Apayao Institute of Science and Technology main and its
extension high school in Conner are hereby declared to be the property
of the Apayao 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 Apayao State College, the same shall revert to the Province of
Apayao.
Sec. 21. All accounts and expenses of the State
College shall be audited by the Commission on Audit or its duly
authorized representative.
Sec. 22. 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 head 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 service.
Sec. 23. 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, teaching
staff and facilities can contribute largely and effectively to the
attainment of its objectives.
Sec. 24. The amount necessary for the
implementation of this Act shall be charged against the current year's
appropriations of the Apayao Institute of Science and Technology main
and its Conner extension, except the sum needed to continue the
operations of the other existing extension and annex high schools.
Thereafter, such amount as may be necessary for the continued operation
and maintenance of the Apayao 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, amended or modified
accordingly.
Sec. 26. This Act shall take effect upon its
approval.
Approved: February 26, 1998
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