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[REPUBLIC ACT No. 10594, (2013-06-04)](http://lawyerly.ph/laws/view/lee03)
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[ REPUBLIC ACT No. 10594, June 04, 2013 ]

AN ACT ESTABLISHING A STATE COLLEGE IN THE CITY OF TALISAY, PROVINCE OF CEBU TO BE KNOWN AS THE TALISAY CITY STATE COLLEGE AND APPROPRIATING FUNDS THEREFOR



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

SECTION l. Establishment. - There is hereby established a state college in the City of Talisay, Province of Cebu to be known as the Talisay City State College, hereinafter referred to as the College.

SEC. 2. General Mandate. - The College shall primarily provide advanced education, higher technological, professional instruction and training in science, education, agriculture, fishery and industrial fields and other relevant areas of study. It shall also undertake research and extension services and programs in food production, nutrition, health and sports development, and provide progressive leadership in its areas of specialization.

SEC. 3. 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 of the Republic of the Philippines.

SEC. 4. Curricular Offerings. - The College shall offer undergraduate and graduate studies in the fields of science, education, agriculture, fishery and industrial fields and other degrees/courses within its areas of specialization and according to its capabilities, as the Board of Trustees may deem necessary to carry out its objectives in order to meet the needs of the Province of Cebu and Region VII.

The College may operate a reasonably-sized laboratory school, if it has an Institute of Education.

SEC. 5. Administration. - The College shall have the general powers of a corporation set forth in Batas Pambansa Blg. 68, as amended, otherwise known as "The Corporation Code of the Philippines". The administration of the College and the exercise of its corporate powers shall be vested exclusively in the Board of Trustees and the President of the College.

SEC. 6. The Governing Board. - The governing board of the College shall be the Board of Trustees, hereinafter referred to as the Board, which shall be composed of the following:

(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson:

(b) The President of the College, Vice Chairperson;

(c) The Chairperson of the Committee on Education, Arts and Culture of the Senate, member;

(d) The Chairperson of the Committee on Higher and Technical Education of the House of Representatives, member;

(e) The Regional Director of the National Economic and Development Authority (NEDA), member;

(f) The Regional Director of the Department of Agriculture (DA); member;

(g) The President of the faculty association of the College, member;

(h) The President of the student council of the College, member;

(i) The President of the alumni association of the College, member; and

(j) Two (2) prominent citizens from the private sector who have distinguished themselves in their profession or fields of specialization, members.

The Board shall appoint the two (2) prominent citizens from among a list of at least five (5) qualified persons in the Province of Cebu, as recommended by the search committee constituted by the College President in consultation with the Chairperson of the CHED and the other members of the Board, based on the normal standards and qualifications for the position.

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 respective terms of office, as set forth in their respective constitutions and by laws.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of appointment.

SEC. 7. Powers and Duties of the Board of Trustees. - 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 promulgate and implement policies in accordance with the declared State policies on education and other pertinent provisions of the Philippine Constitution on education, agriculture, science and technology, as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994";

(b) To promulgate rules and regulations not contrary to law as may be necessary to carry out the purposes and function of the College;

(c) To receive and appropriate all sums as may be provided for the support of the College in the manner it may determine in its discretion, in order to carry out the purposes and functions of the College;

(d) To import economic, technical and cultural books and/or publications;

(e) To receive in trust legacies, gifts and donations of real properties of all kinds and to 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;

(f) 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, after due consultations with the involved sectors.

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

Any provision of existing laws, rules and regulations 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 or other programs/projects of the College: Provided, That all fiduciary fees shall be disbursed for the specific purposes for which these are collected.

If, for reason beyond its control, the College shall not be able to pursue any project for which funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of 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;

(g) To adopt and implement a socialized scheme of tuition and other school fees for greater access to poor hut deserving students;

(h) 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;

(i) To appoint, upon recommendation of the President of the College, Vice Presidents, deans, directors, heads of departments, faculty members and other officials and employees of the College;

(j) To fix and adjust salaries of faculty members and 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 it may deem proper; to grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing laws to the contrary notwithstanding; and to remove them for cause in accordance with the requirements of due process of law;

(k) To approve the curricula, instructional programs and rules of discipline drawn by the Administrative and Academic Councils as herein provided;

(1) To set policies on admission and graduation of students;

(m) To award honorary degrees upon persons in recognition of their outstanding contribution in the fields of agriculture, public service, arts, science and technology, education or in any field of specialization within the academic competence of the College; and to authorize the awarding of certificates of completion of non degree and nontraditional courses;

(n) To establish and absorb nonchartered tertiary institutions within the Province of Cebu as branches and extension centers in coordination with the CHED, and in consultation with the Department of Budget and Management (DBM), and to offer therein programs or courses to promote and carry out equal and greater access to educational opportunities as mandated by the Constitution;

(o) To establish research and extension centers of the College where such will promote the development of the latter;

(p) To establish professorial chairs in the College and to provide fellowships for qualified faculty members and scholarships to deserving students;

(q) To delegate any of its powers and duties provided for hereinabove to the President or Officer-in-Charge and/or other officials of the College as it may deem appropriate, so as to, expedite the administration of the affairs of the College;

(r) To 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 (COA); and to institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

(s) To collaborate with other governing boards of state universities and colleges within the Province of Cebu or Region VII, under the supervision of the CHED and in consultation with the DBM, and work towards the restructuring of the College to become more efficient, relevant, productive and competitive;

(t) 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 shall be used for the development and strengthening of the same;

(u) To develop consortia and other forms of linkages with local government units (LGUs), institutions and agencies, both public and private, local and foreign, in furtherance of the purposes and objectives of the College;

(v) To develop academic arrangements for institutional capability building with appropriate institutions and agencies, public and private, local and foreign, and to appoint experts/specialists as consultants, part-time or visiting or exchange professors, scholars or researchers, as the case may be;

(w) To set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual learning system open learning or distance education and community laboratory for the promotion of greater access to higher education and graduate studies, as the case may be;

(x) To establish policy guidelines and procedures for participative decision-making and transparency within the College;

(y) To privatize, where most advantageous to the College, the management of nonacademic services such as health, food, building, grounds or property maintenance and such other similar activities; and

(z) To extend the term of the President of the College beyond the age of retirement, but not beyond the age of seventy (70), whose performance has been unanimously rated by the Board as outstanding, based on the guidelines, qualifications and/or standards set by the Board, after unammous recommendation by the search committee.

SEC. 8. Meetings of the Board. - The Board shall regularly convene once every three (3) months. Whenever necessary, the Chairperson of the Board may call, upon three (3) days' prior written-notice, a maximum of two (2) special meetings within the same period.

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 CHED or the President of the College is among those present in the meeting.

In the absence of the Chairperson of the CHED, a Commissioner of the CHED, duly designated by him/her, shall represent him/her in the meeting with all the rights and responsibilities of a regular member: Provided, however, That during this meeting, the President of the College as Vice Chairperson shall be the Presiding Officer: Provided, further, That this proviso notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commission as the regular Chair of the Board, in which case said, CHED Commissioner shall act as the Presiding Officer. In case the Chairpersons of the Congressional Committees on Education shall not be able to attend the Board meeting, they may duly designate their respective representatives to attend the said meeting, who shall have the same rights and responsibilities as a regular member 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 in their attendance to meetings of the Board or in connection with other official business authorized by resolution of the Board, subject to existing laws and regulations.

SEC. 9. The College President. - The College shall be headed by a President, who shall render full-time service. He/She shall be appointed by the Board, subject to the guidelines, qualifications and lord standards set by the Board. Upon recommendation of a duly constituted search committee.: He/She shall have a term of four (4) years and shall be eligible for reappointment for another term.

Pending the appointment of the first President of the, College, the Chairperson of the CHED shall appoint an Officer-in-Charge 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 (SCP).

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 his/her

office, the Board shall designate an Officer-in-Charge of the College within six (6) months from the date of vacancy, pending the appointment of a new President.

In case of vacancy in the Office of the President as mentioned in the immediately preceding paragraph, his/her successor or the Officer-in-Charge of the College shall serve only the unexpired portion of the term.

The powers and duties of the President of the 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 delegated by the Board.

The salary of the President of the College shall be in accordance with the Revised Compensation and Position Classification System and shall be comparable to that being received by the Presidents of similar educational Institutions.

The President of the College shall be assisted by a Vice President for Academic Affairs, who shall be appointed by the Board upon the recommendation of the President.

SEC. 10. The Administrative Council. - There shall be an Administrative Council consisting of the President of the College as Chairperson, Vice Presidents, deans, directors and other officials of equal rank as members, whose duty is to review and recommend to the Board the policies governing the administration, management and development planning of the College.

SEC. 11. The Academic Council. - There shall be an Academic Council to be composed of the President of the College, who shall act as Chairperson, and all the academic staff with the rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular offerings and rules of discipline of the College, subject to the approval of the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject to review and/or approval by the Board through the President of the College. It shall have the 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.

SEC. 12. 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 the Board. He/She shall serve upon each member of the board the appropriate notice of the Board meetings.

SEC. 13. The Treasurer of the College . - The Treasurer of the Philippines shall be the ex officio treasurer of the College.

SEC. 14. The Faculty . - No political beliefs, 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/or standards set by the Board: Provided, further, That no member of the faculty shall teach for 6r against any particular church or religious sect.

SEC. 15. Scholarship Program/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 College by reason of sex, religion, cultural or community affiliation, or ethnic origin.

SEC. 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 a s 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 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 services.

SEC. 17. Campus Site/Assets. - The College shall have an area of not less than five (5) hectares, at least three (3) hectares of which are contiguous to the main campus, for its exclusive use as campus site for its academic and instructional programs, research and development activities and experimental and laboratory facilities.

The Board shall forthwith recommend a suitable site within the City of Talisay for this purpose. The parcel of land to be occupied by the Talisay City State College is hereby declared to be property of the College, and shall be titled under that name: Provided, That should the College cease to exist or be abolished, or should said parcel of land aforementioned be no longer needed

by the College, the same shall revert to the LGU concerned.

SEC. 18. Tax Exemption on Importation and Donations.- The importation of economic, technical and cultural books and/or publications, which are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes made by the Talisay City State College upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of the Tariff and Customs Code of the Philippines, as amended.

All donations in any form to the Talisay City State College shall be exempt from the donor's tax and the same shall be considered as allowable deduction from the gross income in the computation of the income tax of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

SEC. 19. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act of the year following its enactment into law and thereafter.

SEC. 20. Development Plan, Management Audit, Organizational/Administrative/Academic Structure. – Within the 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 corresponding program budget to the CRED, for corresponding recommendation to the DBM;

(b) Undergo a management audit in cooperation with the CHED; and

(c) Set up its organizational, administrative as well as academic structure, including the appointment of the key officials of the College.

SEC.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.'

SEC. 22. Suppletory Application. - The provisions of Republic Act No. 8292, otherwise known as the "Righer 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.

SEC. 23. Parity Clause. - All other powers, functions and privileges, responsibilities and limitations to state colleges and/or their officials under existing laws shall be deemed 'granted to or imposed upon the College and/or its officials, whenever appropriate.

SEC. 24. Compliance with CHED Requirements. – The provisions of this Act notwithstanding, the establishment or conversion of the institution into a state college shall become effective only upon the determination and declaration by the CHED, based on the recommendation of a panel of experts, that the institution has complied with the requirements for a college status. The CHED, through its regional office, shall regularly provide technical assistance to the institution and monitor compliance with the requirements of the Commission.

The CHED shall designate a panel of experts who shall prepare a recommendation to the Chairperson of the CHED, on whether the institution has substantially complied with the requirements for the grant of college status.

The following are the operational requirements for a college:

(a) Level III accreditation or equivalent under CHED policies for at least four (4) of its undergraduate programs, one (1) ill liberal arts and one (1) ill the sciences, and two (2) of its graduate programs;

(b) Ratio of qualified full-time faculty with requisite degrees to number of students;

(c) Adequate library and laboratories;

(d) Research and development output of practical and commercial application to the community;

(e) Relevant linkages and outreach programs that are of service to the community; and

(f) Relevant academic policies, systems and processes.

The institution shall return its status prior to the effectivity of this Act, unless in the meantime it is able to comply with the requirements provided herein, within a period not exceeding

January 1, 2016.

SEC. 25. Implementing Rules and Regulations. – The Board, in consultation with the CRED, shall formulate the guidelines to fully implement the provisions of this Act.

SEC. 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.

SEC. 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.

SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after its publication in two (2) newspapers general circulation.

Approved,

 
(SGD.) JUAN PONCE ENRILE
President of the Senate
(SGD.) FELICIANO BELMONTE JR.
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 6, 2013 and February 4, 2013, respectively.

 
(SGD.) EDWIN B. BELLEN
Acting Secretary of the Senate
(SGD.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
 

Approved: JUN 04 2013

(SGD.) BENIGNO S. AQUINO III
President of the Philippines


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