Republic Act No. 7933

Nineth Congress
Third Regular Session

[ REPUBLIC ACT No. 7933, March 01, 1995 ]

AN ACT CONVERTING THE RIZAL TECHNOLOGICAL AND POLYTECHNIC INSTITUTE IN THE MUNICIPALITY OF MORONG, PROVINCE OF RIZAL, INTO A STATE COLLEGE, TO BE KNOWN AS THE RIZAL POLYTECHNIC COLLEGE, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. The Rizal Technological and Polytechnic Institute in the Municipality of Morong, Province of Rizal, is hereby converted into a state college, to be known as the Rizal Polytechnic College, hereinafter referred to as the State College.

Section 2. The State College shall primarily provide higher technological, professional, occupational and vocational instruction and training in the applied arts and sciences. It shall likewise promote applied research, advanced studies and progressive leadership in its chosen areas of specialization.

Section 3. The existing high schools shall be transferred to the jurisdiction and supervision of the Department of Education, Culture and Sports: Provided, That these high schools shall be allowed to remain and operate within the campus of the College until they shall have been transferred to other locations, or until their students shall have been accommodated in other high schools, public or private: Provided, further, That the State College may operate a reasonably-sized, laboratory school if it offers a teacher training program.

Section 4. The governing body of the State College shall be the Board of Trustees of the Rizal Polytechnic College, hereinafter referred to as the Board. It shall be composed of the Chairperson of the Commission on Higher Education as chairman, the President of the College as vice-chairman, the chairpersons of the committees on education of the Senate and the House of Representatives or any member of both committees having the power to vote as their representatives, the representative of the alumni association of the State College, and two (2) prominent citizens of Region IV who have distinguished themselves in any of the professions or fields of specialization of the State College to be appointed by the President of the Philippines, upon recommendation of the Chairperson of the Commission on Higher Education, as members.

Of the first group of appointive members, the President shall designate one to serve for one (1) year; one to serve for two (2) years; one to serve for three (3) years; and the other to serve for four (4) years. Thereafter, persons appointed to succeed such members shall hold office for a term of four (4) years or until their successors 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 Chairperson of the Commission on Higher Education 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, any commissioner of the Commission on Higher Education shall temporary perform the fuctions of the chairman of the said Board. The chairman may assign qualified officials to represent him with full authority in the Board.

Section 5. A quorum of the Board shall consist of a majority of all members holding office at the time a meeting is called. All processes against the Board shall be served on the President or the secretary thereof.

Section 6. The members of the Board shall not receive salary but shall be entitled to reimbursement 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, rules and regulations on honoraria and allowances.

Section 7. The Board 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 Section 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 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 State College to award proficiency certificates. or diplomas to students who have completed non-degree courses;

d. To appoint, upon recommendation of the President of the State College, a vice-president, deans, secretary of the State College, registrar, beads of departments, professors, instructors, lecturers, and other officials and employees of the State College; to fix their compensations and salaries 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; to remove them for cause in accordance with the requirements of due process of lamp, to establish chairs in the State College and to 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 State College council as hereinafter provided;

f. To provide fellowship for qualified faculty members and scholarships to deserving students;

g. To prescribe rules for its own government and to 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;

To fix the 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.

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 interest that shall accrue therefrom shall form part of the same funds for the use of the College.

The income generated by the College may, at their discretion, be disbursed for the professional growth and development, health, welfare and other similar benefits of the faculty members and personnel for extension and student welfare expenses so that the flexibility on use of income shall be focused on faculty, personnel improvement and student welfare activities, and for expenses necessary for the attainment of its purposes under this Act.

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 may, at its discretion, determine. All such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor; and

i. To authorize the State College to undertake construction and/or repair of its buildings, machineries 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.

Section 8. On or before the fifteenth day of the second month after the opening of the 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 aceds of the State College.

Section 9. There shall be a State College council, hereinafter referred to as the Council, consisting of the President of the State College and all members of the faculty with the rank of professor. The Council shall have the power to prescribe the curricula and rules of discipline, subject to the approval of the Board. It shall fix the requirements for admission to the State 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 others to be recipients of degrees. Through the President 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.

Section 10. The head of the State College shall be known as the President of the Rizal Polytechnic College. He shall be appointed by the President of the Philippines upon the recommendation of the Board. His salary shall be comparable to that being received by presidents of similar educational institutions of like enrollment and standing, subject to the revised compensation and position classification system.

The powers and duties of the President of the State 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 or university.

In order not to disrupt the operation of the institution and to insure the smooth transition from polytechnic institute to a state college, the incumbent head of the Rizal Technological and Polytechnic Institute shall serve as the first president of the Rizal Polytechnic College, until his successor shall have been appointed.

Section 11. The body of instructors and professors of the State College shall constitute the faculty of the State College.

The faculty shall be covered by the appropriate civil service rules and regulations.

Section 12. No member of the faculty of the State College shall attempt directly or indirectly, under penalty of dismissal by the Board, 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.

Section 13. 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 14. The Treasurer of the Philippines shall be the 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.

Section 15. No student shall be denied admission to the State College by reason of sex, ethnic consideration or religious belief or affiliation.

Section 16. 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 the services of such employees can be spared without serious-detriment to the public service. The employees so detailed shall perform such duty as required of them under such detail and the time so employed shall be counted as part of their regular official service.

Section 17. All assets of the Rizal Technological and Polytechnic Institute, whether fixed or movable, records and personnel, are hereby transferred to the Rizal Polytechnic College, subject to the following conditions;

(a) Elementary Department. - Assets, whether fixed or movable, and records used by or pertaining to the elementary department as of the date prior to the approval of this Act shall be transferred to the Department of Education, Culture and Sports, Division of Rizal, which shall be utilized by the latter in the immediate establishment and operation of an elementary school in accordance with existing laws and regulations. As used in this subsection, fixed assets shall include the parcel of land upon which the elementary department buildings stand and which parcel is more particularly described as follows:

A parcel of land (Lot 5606-B being a portion of Lot 5606 PSC-16 Morong Cadastre) , situated in the Municipality of Morong, Province of Rizal, Island of Luzon, bounded on the south, along line 9-1 by Lot 5606-A (being a portion of Lot 5606 PSC-16 Morong Cadastre); on the west, along line 1-2 by Lot 5613; on the north, along line 2-3 by Lot 5601; along line 3-4 by Lot 5602, along line 4-5-6 by Lot 5599, along line 6-7 by Lot 5603, along line 7-8 by Lot 5605; and on the east, along line 8-9 by provincial road. Beginning at a point marked "1" on Lot 5606-B on plan, being N 42deg 30' W, 261.17 meters from BBM No. 2 PSC-16 Morong Cadastre:

Thence N 1deg 46'W, 81.61 m. to point 2;

Thence N 88deg 14'E, 28.13 m. to point 3;

Thence N 88deg 14' E, 71.33 m. to point 4;

Thence S 71deg 32'E, 7.01 m. to point 5;

Thence N 19deg 34'W, 2.54 m. to point 6;

Thence N 88deg 14'E, 23.30 m. to point 7;

Thence N 88deg 14'E, 23.81 m. to point 8;

Thence S 1deg 46'E, 81.60 m. to point 9;

Thence S 88deg 14' W, 152.37 m. to point of beginning containing an area of twelve thousand four hundred twenty-eight (12,428) square meters more or less. All points referred to are indicated on the plan and marked on the ground as P.S. concrete cyl. monuments 15 x 60 cm.; bearing true;

(b) High School Department. - The movable assets, used by or pertaining to the high school department as of the date prior to the approval of this Act shall be transferred to the Department of Education, Culture and Sports, Division of Rizal, which shall be utilized by the latter in the immediate establishment and operation of a high school in accordance with existing laws and regulations. The State College shall allow the high school the unimpeded and free use of the buildings and other fixed assets which were used by and pertained to the high school department as of the date prior to the approval of this Act: Provided, however, That the charges and expenses for all utilities and the upkeep of the buildings shall be for the account of the high school: Provided, further, That such use shall continue until such time that the high school shall have acquired and/or constructed a building for its own use. The State College shall also transfer to the Department of Education, Culture and Sports, Division of Rizal, that parcel of land which is more particularly described as follows:

A parcel of land (Lot 5606-A being a portion of Lot 5606 PSC- 16 Morong Cadastre), situated in the Municipality of Morong, Province of Rizal, Island of Luzon, bounded on the south, along Line 1-2, 2-3, 3-4, and 4-5 by a road; on the west, along Line 5-6 by Lot 5610 part. along Line 6-7 by lot 5613; on the north, along Line 7-8 by lot 5606-B (being a portion of Lot 5606 PSC-16 Morong Cadastre) ; and on the east, along Line 8-1 by provincial road. Beginning at a point marked "1" on Lot 5606-A on plan, being. N 10deg 34' W, 117.74 meters from BBM No. 2 PSC-16 Morong Cadastre:

Thence S 88deg 14'W, 32.47 m. to point 2; Thence S 88deg 14'W, 39.98 m. to point 3; Thence S 88deg 14'W, 58.30 m. to point 4; Thence S 88deg 14'W, 21.63 m. to point 5; Thence N 1deg 46'W, 25.56 m. to point 6; Thence S 1deg 46'W, 56.00 m. to point 7;

Thence N 88deg 14'E, 152.37 m. to point 8;

Thence S 1deg 46' E, 81.57 m. to point of beginning containing an area of twelve thousand four hundred twenty-eight (12,428) squat meters more or less. AH points referred to are indicated on the plan and are marked on the ground as P.S. concrete cyl. monuments 15 x 60 cm.; bearing true; and

(c) Personnel - The personnel of the elementary department and of the high school department shall have the option to transfer to the elementary school or high school, respectively, that will be established as hereinbefore provided. In effecting such transfers, the provisions of the revised compensation and position classification system shall be observed.

Section 18. The amount needed to carry out the provisions of this Act shall be charged against the current year's appropriations of the Rizal Technological and Polytechnic Institute.1aшphi1 Thereafter, such sums as may be necessary for the continued operation and maintenance of the State College shall be included in the annual General Appropriations Act.

Section 19. The Chairperson of the Commission on Higher Education is hereby directed to take such steps as are necessary for the immediate implementation of this Act.

Section 20. All laws inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Section 21. This Act shall take effect upon its approval.

Approved,

(Sgd.) JOSE DE VENECIA, JR.
President of the Senate (Sgd.) EDGARDO J. ANGARA
Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on February 7, 1995 and February 2, 1995, respectively.

(Sgd.) EDGARDO E. TUMANGAN
Secretary of the Senate (Sgd.) CAMILO L. SABIO
Secretary General House of Representatives

Approved: March 1, 1995

(Sgd.) FIDEL V. RAMOS
President of the Philippines

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