Eighteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.
[ REPUBLIC ACT NO. 11856, June 18, 2022 ]
AN ACT CONVERTING THE ILIGAN CITY NATIONAL SCHOOL OF FISHERIES (ICNSF) IN BARANGAY BURU-UN, ILIGAN CITY, PROVINCE OF LANAO DEL NORTE, INTO A POLYTECHNIC STATE COLLEGE, TO BE KNOWN AS THE ILIGAN CITY POLYTECHNIC STATE COLLEGE (ICPSC), AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Conversion of Iligan City National School of Fisheries into a Polytechnic State College. - The Iligan City National School of Fisheries (ICNSF) located in Barangay Buru-un, Iligan City, Province of Lanao del Norte, is hereby converted into a polytechnic state college, to be known as the Iligan City Polytechnic State College (ICPSC). Its main campus shall be in Iligan City.
Section 2. General Mandate. - The ICPSC, hereinafter referred to as the College, shall primarily provide advance instruction and professional training in education, engineering, science and technology, arts and humanities, information and communications technology, agriculture, forestry, and other relevant fields of study. It also shall undertake research and extension services and production activities in support of the socioeconomic development of the Province of Lanao del Norte.
Section 3. Curricular Offerings. - The College shall offer short-term technical-vocational, undergraduate, and graduate courses, within its competency and areas of specialization in the fields of education, engineering, science and technology, arts and humanities, information and communications technology, agriculture, forestry, fishery education, marine transportation, and tourism. It shall also offer vocationa. and technology courses in welding technology, vocational technology, hotel and restaurant services, hotel and household services, baking technology, electronic services and repair, and other relevant fields of study, as the Board of Regents, hereinafter referred to as the Board, may deem necessary for the accomplishment of the objectives of the College, and those which respond to meet the human resource development needs of the Province of Lanao del Norte and Region X.
The existing and any future technical-vocational courses or programs under the supervision of the Technical Education and Skills Development Authority (TESDA) shall continue to be offered in the College.
The existing reasonably-sized laboratory junior and senior high school and elementary school shall continue to operate under the supervision of the College of Education to serve the in-campus requirements in its students.
Section 4. Administration. - The College shall have the general powers of a corporation set forth in Batas Pambansa Blg. 68, otherwise known as "The Corporation Code of the Philippines", as amended. The exercise of its corporate powers shall be vested exclusively in the Board and the President of the College.
Section 5. The Governing Boards. - The governing body of the College shall be the Board, which shall be chaired and co-chaired by the Chairperson of the CHED and the President of the College, respectively, and with the following, as members:
(a) Chairperson of the Committee on Higher, Technical and Vocational Education of the Senate;
(b) Chairperson of the Committee on Higher and Technical Education of the House of Representatives;
(c) Regional Director of the National Economic and Development Authority;
(d) Regional Director of the Department of Science and Technology;
(e) Regional Director of the Department of Agriculture;
(f) Regional Director of the TESDA;
(g) President of the federation of faculty associations of the College;
(h) President of the federation of student councils of the College;
(i) President of the federation of alumni associations of the College; and
(j) Two (2) prominent citizens from the private sector who have distinguished themselves in their professions or fields of specialization.
The Board shall appoint two (2) prominent citizens who shall be selected from a list of at least five (5) qualified persons from the Province of Lanao del Norte, as recommended by a search committee constituted by the President of the College, in consultation with the Chairperson of the CHED and other members of the Board, based on the standards and qualifications for the position set by the Board. They shall serve for a term of two (2) years from the date of appointment.
The membership of the President of the federation of faculty associations, the President of the federation of student councils, and the President of the federation of alumni associations in the Board shall be coterminous with their terms of office, as provided under their respective constitutions and by laws.Section 6. Powers and Duties of the Board of Trustees. - In additional to its general powers of administration and the powers granted to the board of directors of a corporation under existing laws, the Board shall have the following specific powers and duties:
(a) Promulgate and implement policies in accordance with the declared State policies on education, other pertinent provisions of the Constitution on education, agriculture, science and technology, and the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the “Higher Education Act of 1994”, and also in accordance with the policies, standards and programs of the TESDA, under Republic Act No. 7796, otherwise known as the "TESDA Act of 1994";
(b) Approve the curricula, instructional programs, and rules on student discipline drawn by the Administrative and Academic Councils as herein provided;
(c) Appoint, upon the recommendation of the President of the College, the vice presidents, deans, directors, heads of the campuses, faculty members, and other officials and employees of the College;
(d) Fix and adjust the salaries of faculty members, administrative officials and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as may it deem proper; grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing law to the contrary notwithstanding; and remove them for cause in accordance with the requirements of due process of law;
(e) Fix the tuition fees and other necessary school charges, such as matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose, after due consultation with the concerned sectors. The fees and charges, including government subsidies and other income generated by the College, shall constitute its special trust funds, and shall be deposited in any authorized government depository bank. All interests that shall accrue therefrom shall form part of the same funds for the use of the College.
Any provision of existing law, rule or regulation to the contrary notwithstanding, any income generated by the College from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the College and may be disbursed by the Board for instruction, research, extension services or other programs and projects of the College: Provided, That all fiduciary fees shall be disbursed for the specific purposed for which these are collected: Provided, however, That if, for reasons beyond its control, the College shall not be able to pursue any project for which the funds have been appropriated and allocated under its approved program of expenditures, the Board 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 College;
(f) Adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with Republic Act No. 10931 or the “Universal Access to Quality Tertiary Education Act”;
(g) Establish professional chairs in the College and provide fellowships for qualified faculty members, and scholarships to deserving students;
(h) Receive appropriate sums as may be provided by law for the support of the College, and all other sums in the manner it may, in its discretion, determine to carry out the purposes and functions of the College;
(i) Set the policies on admission and graduation of students;
(j) Award honorary degrees upon persons in recognition of their outstanding contribution in the fields of education, public service, arts, science and technology, agriculture or any field of specialization within the academic competency of the College, and authorize the awarding of certificates of completion of nondegree and nontraditional courses;
(k) Establish research and extension centers to promote the development of the College;
(l) Develop academic arrangements for institutional capability building with appropriate institutions and agencies, whether public, private, local or foreign, and appoint experts or specialist as consultants, part-time, visiting or exchange professors, scholars or researchers, as the case may be;
(m) Adopt modern and innovative modes of transmitting knowledge for the promotion of greater access to education such as the use of information technology, dual training system, open distance learning, and community laboratory;
(n) Collaborate with the governing bodies of other state universities and colleges within the Province of Lanao del Norte and Region X, under the supervision of the CHED and in consultation with the Department of Budget and Management (DBM), in restructuring the College to make it more efficient, relevant, productive and competitive;
(o) Absorb non-chartered tertiary institutions within the Province of Lanao del Norte and Region X as branches, extension/external centers, in coordination with the CHED and in consultation with the DBM, and offer therein programs or courses to carry out the constitutional mandate of providing equal access to educational opportunities;
(p) Authorize an external management audit of the College, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit, and institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;
(q) Develop consortia and other economic forms of linkages with local government units (LGUs), as well as public, private, local or foreign institutions and agencies, in the furtherance of the purposes and objectives of the College;
(r) Import economic, technical and cultural books and publications;
(s) Enter into joint ventures with business and industry for the profitable development and management of economic assets, the proceeds of which shall be used for the development and strengthening of the College;
(t) Receive, in trust, legacies, gifts and donations of real and personal properties of all kinds and administer and dispose of the same, when necessary, for the benefit of the College and subject to the limitations, directions and instructions of the donor, if any;
(u) Extend the term of the President of the College beyond the age of retirement, but not beyond the age of seventy (70), based on the guidelines, qualifications and standards set by the Board: Provided, That the President's performance has been rated by the Board as outstanding and a unanimous recommendation for such extension has been decided upon by the search committee;
(v) Delegate any of its powers and duties provided to the President and other officials of the College, as it may deem appropriate, so as to expedite the administration of the affairs of the College;
(w) Establish policy guidelines and procedures for participative and transparent decision-making within the College;
(x) Where most advantageous to the College, privatize the management of nonacademic services such as health, food, building, grounds or property maintenance, and such other similar activities;
(y) Authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real property, including the necessary supplies, materials and equipment; and
(z) Promulgate rules and regulations, as may be necessary, to carry out the purposes and functions of the College.
Section 7. Meetings of the Board. - The Board shall regularly convene once every three (3) months. The Chairperson of the Board may, however, call a special meeting whenever necessary: Provided, That members are notified in writing at least three (3) days prior to the conduct of said meeting.
A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting: Provided, however, That the Chairperson of the Board or the President of the College is among those present in the meeting.
In case the Chairperson of the CHED cannot attend a meeting of the Board, a CHED Commissioner duly assigned by the Chairperson of the CHED as representative to the meeting, shall have all the rights and responsibilities of a regular member: Provided, That during the meeting, the President of the College, as Vice Chairperson, shall be the presiding officer: Provided, further, That this provision notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chairperson of the Board, in which case, the said CHED Commissioner shall act a the presiding officer.
In case the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the House Committee on Higher and Technical Education shall not be able to attend the Board meeting, they may designate their respective representatives to attend the meeting, who shall have the same rights and responsibilities as regular members of the Board.
The members of the Board shall not receive any salary, but shall be entitled to reimbursements for actual and necessary expenses incurred, either for their attendance to the meetings of the Board or in connection with other official business authorized by resolutions of the Board, subject to existing laws and regulations.
Section 8. The College President. - The College shall be headed by a President who shall be appointed by the Board, subject to its guidelines on qualifications and standards, and based on the recommendation of a search committee duly constituted for the purpose of selecting the President.
The President shall render full-time service and shall have a term of four (4) years and may be reappointed to another term: Provided, That in order to effect the smooth transition of the vocational school to a polytechnic state college, the incumbent President of the ICNSF, if qualified, shall serve as the first President of the College.
Within six (6) months before the expiration of the term of office of the incumbent President of the College, the Board shall constitute the search committee for the Presidency.
The powers and duties of the President of the College, in addition to those usually pertaining to the Office of the President of similar universities and those delegated by the Board.
The salary of the President of the College shall be in accordance with Republic Act No. 11466 or the “Salary Standardization Law of 2019”, and by such other laws amendatory thereto, which may hereinafter be enacted, and shall be comparable to that being received by the presidents of similar educational institutions.
The Board shall designate an Officer-in-Charge of the College in case of vacancy in the Office of the President by reason of death, compulsory retirement, resignation, removal for cause, or incapacity of the President to perform the functions of the office, pending the appointment of a new President: Provided, That the Officer-in-Charge shall serve only during the unexpired portion of the term.
The President of the College shall be assigned by a Vice President for Academic Affairs, a Vice President for Administration, and a Vice President for Research and Development, Extension, Services and Training, who shall all be appointed by the Board upon the recommendation of the President.
Section 9. The Secretary of the College. - The Board shall appoint a Secretary who shall serve as such for both the Board and the College and shall keep all records and proceedings of meetings of the Board. The Secretary of the College shall serve upon each member of the Board the appropriate notice of board meetings.
Section 10. The Treasurer of the College. - The Treasurer of the Philippine shall be the ex officio Treasurer of the College.
Section 11. The Administrative Council. - There shall be an Administrative Council consisting of the President of the College as chairperson, and the vice presidents, deans, directors and other officials of equal rank as members, that shall review and recommend to the Board the policies that shall govern the administration, management and development planning of the College.
Section 12. The Academic Council. - There shall be an Academic Council, which shall formulate academic policies. It shall be composed of the President of the College, who shall act as chairperson, and all academic staff with the rank of at lease an assistant profession, as members.
The Academic Council shall have the power to review and recommend the curricular offerings and rules of discipline, subject to the approval of the Board.7!ᕼdMᗄ7 It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject to review and approval by the Board through the President of the College.
It shall exercise disciplinary power over students of the College and shall formulate academic policies and rules and regulations on discipline, subject to the approval of the Board.
Section 13. Faculty. - No political belief, gender preference, cultural or community affiliation or ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the College: Provided,That said appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That no member of the faculty shall teach for or against any -particular church or religious sect.
Section 14. Academic Freedom and Institutional Autonomy. - The College shall enjoy academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution.
Section 15. Scholarship Programs and Admission. - The College shall provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission to the College.
No student shall be denied admission to the University by reason of gender, religion, cultural or community affiliation or ethnic origin.
Section 16. Authority to Loan or Transfer Apparatus, Equipment, Supplies and Detail of Personnel. - The heads of the bureaus and offices of the national government are hereby authorized to loan or transfer, upon the 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 bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to public service.
The employees so detailed shall perform such duties as required of them by the President of the College and the time so employed shall be counted as part of their regular service.
Section 18. Assets, Liabilities and Personnel. - All assets, real and personal, personnel and records of the ICNSF, as well as liabilities or obligations, are hereby transferred to the College: Provided, That the positions, rights and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into a university shall be respected: Provided, further, That the incumbents occupying the positions shall remain in the same status until otherwise provided for by the Board: Provided, finally, That the College shall also accordingly upgrade or increase its human resources component as may be deemed appropriate by the Board.
All parcels of land belonging to the government occupied by the ICNSF and all its campuses are hereby declared to be the property of the College, and shall be titled under its name: Provided, That should the College cease to exist or be abolished or should such aforementioned parcels of land be no longer needed by the College, the same shall revert to the concerned LGU or to the Republic of the Philippines, as the case may be.
Section 18. Tax Exemption on Importation and Donations. - The importation by the College of economic, technical and cultural books or publications, which are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes, shall, upon certification by the CHED shall be exempt from customs duties in accordance with the provisions of Republic Act No. 10863, otherwise known as the "Customs Modernization and Tariff Act (CMTA)".
All grants, bequests, endowments, donations and contributions made to and used actually, directly and exclusively for educational purposes by the College, shall be exempt from donor's tax and the same shall be allowed as allowable deduction from the gross income of the donor for purposes of computing the taxable income of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.
Section 19. Compliance with CHED Requirements. - The provisions of this Act notwithstanding, the conversion of the ICNSF into a college shall become effective only upon the determination and declaration by the CHED, based on the recommendation of a panel of experts constituted for the purpose, that the institution has complied with the requirements for a university status based on CHED Memorandum Order No. 46, series of 2012 (Policy Standards to Enhance Quality Assurance in Philippine Higher Education, through the Outcomes-Based and Typology-Based QA): Provided, That the panel may issue such a recommendation when the institution has substantially complied with the requirements for the grant of college status.
The following operational requirements for a university, as established by the CHED, shall be complied with:
(a) Employment of full-time, permanent faculty members who posses relevant degrees in their areas of specialization, as required by the CHED, with experience in the subject areas they handle;
(b) Offering of a comprehensive range of degree programs characterized by a core curriculum that holistically develops thinking, problem solving, decision-making, communication, technical, and social skills in line with the mission of the College;
(c) Establishment and maintenance of comprehensive learning resources and support structures that are appropriate for developing knowledge and skills in the specific natural science, social science, humanities, and professional disciplines offered by the College, including laboratories, books and journals;
(d) Maintenance of linkages with the community that would ensure the development of relevant academic and extension programs and the application of their learning outcomes; and
(e) Conduct of outreach programs involving students in social development-oriented experiences that allow them to contextualize their knowledge within actual social and human experiences.
The CHED, through its regional office, shall regularly provide technical assistance to the College and monitor its compliance with the requirements of the Commission.
The ICNSF shall retain its status prior to the effectivity of this Act until it is able to comply with the requirements provided herein.ℒαwρhi৷
Section 20. Development Plan, Management Audit, and Organizational/Administrative/Academic Structure. - Within a period of one hundred twenty (120) days after the approval of this Act, the College shall accomplish the following:
(a) Submit a five (5)-year development plan, including its program and budget to the CHED for recommendation to the DBM;
(b) Set up its organizational, administrative, and academic structure, including the appointment of key officials of the College; and
(c) Undergo a management audit in coordination with the CHED.
Section 21. Filing of Report. - On or before the fifteenth (15th) day of the second (2nd) 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 with both Houses of Congress, a detailed report on the progress, conditions and needs of the College.
Section 22. Suppletory Application. - The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997', shall be an integral part of this Act and shall serve as part of the governing charter of the College.
Section 23. Parity Clause. - All other powers, functions and privileges, responsibilities and limitations to state universities and their officials under existing laws shall be deemed granted to or imposed upon the College and its officials, whenever appropriate.
Section 24. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act.
Section 25. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the Board, in consultation with the CHED, shall formulate the rules and regulations to fully implement the provisions of this Act.
Section 26. Separability Clause. - If, for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.
Section 27. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 38. Effectivity. - This Act shall become effective fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
(SGD.) VICENTE C. SOTTO III
President of the Senate |
(SGD.) LORD ALAN JAY Q. VELASCO
Speaker of the House of Representatives |
This Act which originated in the House of Representatives was passed by the House of Representatives and the Senate of the Philippines on November 25, 2020 and January 31, 2022, respectively..
(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate |
(SGD.) MARK LLANDRO L. MENDOZA
Secretary General House of Representatives |
Approved: Lapsed into law on JUN 18 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution
RODRIGO ROA DUTERTE
President of the Philippines
The Lawphil Project - Arellano Law Foundation
