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PHILIPPINE LAWS, STATUTES & CODES

Batas Pambansa Bilang 408

  PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY

MGA BATAS PAMBANSA





BATAS PAMBANSA BILANG. 408

BATAS PAMBANSA BLG. 408 - AN ACT CONVERTING THE CHILDREN'S EDUCATIONAL FOUNDATION VILLAGE IN MAGPET, NORTH COTABATO, INTO A COLLEGE TO BE KNOWN AS THE COTABATO FOUNDATION COLLEGE OF SCIENCE AND TECHNOLOGY, AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR

Section 1. The Children's Educational Foundation Village in the sitios of Doroluman and Medlambid of Arakan Valley in Magpet, North Cotabato, is hereby converted into a college, to be known as the Cotabato Foundation College of Science and Technology.

Sec. 2. The Cotabato Foundation College of Science and Technology shall primarily provide higher technological, professional, vocational training and industrial apprenticeship in the fields of science, agriculture and industry. It shall further promote research, advanced studies and progressive leadership in each area of specialization.

Sec. 3. The Cotabato Foundation College of Science and Technology is for the custodial care and vocational education of children of adversity at Doroluman and Medlambid, sitios of Arakan Valley, in the Municipality of Magpet, Province of North Cotabato.

"Children" as used in this Act shall mean and include orphans, homeless, neglected children, indigent children from broken homes and children from poverty-stricken families due to sickness, calamities and other misfortunes.

Sec. 4. The Cotabato Foundation College of Science and Technology hereinafter referred to as the "Foundation College" shall entrust to the Custodial Care Administrator, foster parents, in cooperation with educators, psychologists, sociologists and other professionally trained personnel purposely employed by the Foundation College, the care, custody, correction, education and vocational training as well as physical, moral and spiritual uplift of orphans, homeless, neglected children, indigent children from broken homes, children of poverty-stricken families due to sickness, public calamities and other misfortunes. It shall serve as a laboratory and training center for child welfare development studies and offer opportunities for manual labor, higher education and assistance to deserving self-supporting and industrious students in Mindanao.

Sec. 5. The Cotabato Foundation College of Science and Technology shall offer not only elementary, secondary general and secondary vocational courses, two years vocational, industrial arts and trades, home technology, engineering and agriculture, associate in animal science, food technology, but also baccalaureate degrees, like Bachelor of Science in Agriculture, Bachelor of Science in Home Economics, Bachelor of Science in Forestry, Bachelor of Science in Geology, Bachelor of Science in Social Service and Development, Bachelor of Science in Anthropology, Bachelor of Science in Trades and Industries, Bachelor of Science in Agri-Business, midwifery, pre-nursing, and other technical courses relevant to the needs of the region, on the college level as prescribed and approved by the Board of Trustees.

Sec. 6. The head of the Foundation College shall be the President to be appointed for a term of six years by the President of the Philippines upon the recommendation of the Board of Trustees of the Cotabato Foundation College of Science and Technology. The powers and duties of the President, in addition to those specifically provided for in this Act, shall be those pertaining to the office of a president of a college. He shall coordinate, plan and implement the policy of the Board of Trustees, and shall be assisted by two vice-presidents, one for academic affairs and the other for administrative and land development affairs appointed by the Board of Trustees upon the recommendation of the Foundation College of President. The Vice-President for Academic Affairs shall have the immediate supervision of the instructional and welfare program of the Foundation College. In addition, he shall act as President in the absence of the latter. The Vice-President for Administrative and Land Development Affairs shall have direct supervision over the administrative matters of personnel and the construction and development of the one thousand hectares of land of the Foundation College and other duties prescribed by the Board of Trustees.

Sec. 7. The government of said Foundation College shall be vested in, and exercised by, a Board of Trustees composed of the Minister of Education, Culture and Sports as presiding chairman, the President of the Foundation College as vice-chairman, representative of the National Economic and Development Authority (NEDA), member, and two (2) prominent citizens who have distinguished themselves in the profession or fields of specialization of the College, one representing the alumni of the institution and the other chosen from prominent citizens of the province, to be appointed by the President of the Philippines upon recommendation of the Minister of Education, Culture and Sports, members. In the absence of some of the members of the Board, the respective alternates or authorized representatives shall attend the meeting to constitute a quorum.

Members of the Board shall serve without compensation other than 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. 8. A quorum of the Board of Trustees shall consist of a majority of all the members: Provided, however, That among those present are the Minister of Education, Culture and Sports who is chairman of the board, or the President of the Foundation College, who acts as presiding officer in the former's absence. All processes against the Board of Trustees shall be served on the President or Secretary thereof.

Sec. 9. The Board of Trustees shall have the following powers and duties in addition to its general powers:

a. To enact for the government of the Foundation College such rules and regulations not contrary to law, as may be necessary to carry out the purposes and functions of the Foundation College, and to receive and appropriate to the ends specified by law such sums as may be provided by law for the support of the Foundation College;

b. To confer degrees upon successful candidates for graduation, certificates for completion of non-degree programs, awards of merit to those children and youths who graduate or show exceptional scholarship, leadership ability, manual skills or moral conduct, and to award honorary degrees upon persons in recognition of learning, public service, statesmanship or eminence in every field of specialization of the Foundation College;

c. To confirm appointments of vice-presidents, deans, directors, registrars, heads of departments, professors, teachers, social workers, foster parents, and other officials and employees of the Foundation 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, grant at its discretion leaves of absence and to remove them for cause after an investigation and hearing shall have been had;

d. To approve the curricula and rules of discipline drawn up by the administrative and academic councils hereinafter provided;

e. To fix rules and policies in regard to foster home care, the criteria for children's admission to the Foundation College and its functions and maintenance in addition to those specifically provided in this Act; and to fix tuition fees and such other necessary school charges as the governing boards may deem proper to impose;

f. To establish chairs in the Foundation College and to provide fellowships for qualified faculty members and scholarships to deserving students for leadership and good scholarship;

g. To provide rules for the government of the Foundation College under such general ordinances and regulations not contrary to law as are necessary in training the children for leadership and citizenship;

h. To receive in trust legacies, gifts, and donations of real and personal property of all kinds and to administer the same for the benefit of the Foundation College or for the aid to any of the children 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; and

i. To authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase of necessary supplies, materials, and equipment, any provision of law to the contrary notwithstanding: Provided, however, That the funds for the purpose shall come from the authorized appropriation of the Foundation College.

Sec. 10. 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 President of the Philippines a detailed report, setting forth the progress, condition, and needs of the Foundation College.

Sec. 11. In general there shall be a Foundation College council consisting of the administrative council and the academic council. The administrative council of the College consists of the President as chairman, and the vice-presidents, deans, directors and other officials of equal rank as members, whose duty shall be to implement policies governing the administration, management, and development planning of the Foundation College as approved by the governing Board; and the academic council with the President of the Foundation College as chairman and all the professors, custodial care administrator, members of the instructional staff of the college as members. The academic 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 Foundation College as well as for graduation and the conferring of degrees, subject to review by the Board of Trustees, and receiving of certificates, diplomas, or awards of merit. Through the President of the Foundation College, the academic council shall have disciplinary powers over the children, and member council students within the limits prescribed by the Board of Trustees.

Sec. 12. The body of professors, teachers, foster parents and other technical employees, constitutes the faculty and staff of said Foundation College with the President as the presiding officer. Its functions shall be to promote professional growth among themselves, formulate rules and policies and a code of ethics or conduct for themselves and to act as a body to judge disciplinary action against its members within the limits prescribed by the Board of Trustees. Religious opinions or affiliation of the employees of the Foundation College must not be made the subject of examination or inquiry, except that they are educationally qualified and proficient in the type of work required of them.

Sec. 13. There is hereby created a Board of Consultants whose membership shall be selected by the Board of Trustees from the heads of institutions dedicated to the custodial care, protection, education, training of youths and children, and such other persons whose technical know-how would be valuable assistance in carrying out the objectives and purposes of this Act. Attendance of the members of the Board of Consultants at the Board of Trustees meetings shall be made by invitation of the Chairman of the Board of Trustees to a member or members whose technical advice shall be deemed beneficial to the welfare of the Foundation College.

Sec. 14. The Custodial Care Administrator and foster parents shall possess a high sense of integrity and proven love for children, have morally upright and wholesome personality, and be physically and mentally healthy. There shall be five types of foster parents; namely, 1) childless couples who have finished college education; 2) newly married couples who are educationally qualified and technically trained to handle some phases of work in the Foundation College; 3) elderly couples who have retired from government jobs or private firms but are still capable of being employed as foster parents and provided that they have no dependents; 4) unmarried individuals who are professionally or technically capable of becoming foster mothers or foster fathers; and 5) widows or widowers who are educationally qualified with no dependents. The President of the Foundation College shall appoint foster parents to be confirmed by the Board of Trustees who shall receive such salaries or compensation as the Board of Trustees may determine, subject to Presidential Decree No. 985 and other pertinent budget and compensation laws.

Sec. 15. Each foster parent shall live in a government cottage with fifteen or twenty children under his or her care grouped according to age, sex, interest or convenience, and shall be provided with enough space for gardening and other income-producing projects. However, children under ten years of age shall not be divided into groups but shall be allowed to mingle with one another to have a normal home life. The children shall be enrolled in classes according to their aptitudes and abilities and in the vocational courses they are best inclined. They shall be given job responsibilities where nominal payment for service rendered shall be paid them to prepare them for civic efficiency and to enable them to grow into self-respecting citizens of the Republic of the Philippines.

Sec. 16. The foster parents shall be responsible for the supply and preservation of all house equipment, clothing and general supplies needed by the children under their care and shall make a monthly report to the President of the Foundation College regarding the expenses for each child. They shall coordinate with the child guidance counselor and the doctor and dentist and other personnel to promote and wholesome personality of the children. They shall see to it that the children are motivated to have individual or shared projects and shall act with loving care as real parents to the children and provide them wholesome family life.

Sec. 17. The age limit of these children admitted to the Foundation College shall be from seven to eighteen years. At least two years of college vocational training shall be given to those eighteen years old before they are released from the Foundation College, through its Job Placement Office and to enable them fully for better qualification. Should the child wish to leave the Foundation College before reaching the age of eighteen years, he may do so with the approval of the Board of Trustees upon the recommendation of the Foundation College President: Provided, That the parents, guardians, and relatives execute an affidavit of support for his care and education: Provided, further, That follow-up supervision of the President of the Foundation College for the custodial care and education of the child is made periodically until the child reaches the age of majority: Provided, finally, That should the parents, guardians, and relatives fail to comply with the requirements set forth, the Foundation College has in its discretion to take back the child in its custodial care. To enable the Foundation College to serve as many deserving indigent children and youth as possible, the Job Placement Office of the Foundation College shall encourage adoptions of rehabilitated children by families that are morally and financially qualified to love and care children as if said children were their own children, subject to the supervision of the Foundation College until said children reach majority age.

Sec. 18. There shall be a secretary of the Foundation College recommended by the President and appointed by the Board of Trustees. He shall keep such records of the Foundation College as may be designated by the Board.

Sec. 19. The Treasurer of the Philippines shall be ex officio Treasurer of the Foundation College and all accounts and expenses thereof shall be audited by the Commission on Audit or its duly authorized representative. All disbursements shall be made in accordance with rules and regulations prescribed by the Commission on Audit.

Sec. 20. Heads of bureaus or offices of the national government are hereby authorized to loan or transfer upon request of the President of the Foundation College, such apparatus or supplies as may be needed by the Foundation College, and to detail employees for duty therein if, in the judgment of the head of the bureau or office, such supplies or employees can be spared without serious detriment to public service. Employees so detailed shall perform such duties as may be required by the President of the Foundation College, and the time so employed shall be considered as part of their regular official service.

Sec. 21. The superintendent of city schools and provincial division superintendents are hereby empowered through their district supervisors and teachers to help recruit children of adversity who are either orphans, abandoned and neglected children from destitute families, or children from broken homes or from families stricken by poverty, calamities, sickness or other misfortunes. The barangay captain shall refer an orphan child to the barrio teacher for the latter to help file an application for custodial care and education of said child to the President of the Foundation College who shall approve the application papers after having been screened and recommended jointly by the district supervisor, division superintendent and the deputized social service development official of the province. Youths and children from all over the Islands including those from Manila Boy's Town, the Welfareville, the Children's Garden, the Children Catholic Charities, the Youth Conservation Corps, or other public or private agencies may be admitted to the Foundation College by special arrangement with the approval of the Board of Trustees: Provided, That the President of the Foundation College accepts the placement: And Provided, further, that their living, education and travel expenses to the Foundation College shall be paid by the agencies concerned.

Sec. 22. With special arrangement made by the Chairman of the Board of Trustees, the air force, army, and the navy and other means of public transportation shall give free passes to those indigent children admitted to the Foundation College including their chaperons.

Sec. 23. Out of the five thousand ninety-one hectares at Arakan Valley, Municipality of Magpet, Province of North Cotabato, reserved for the Mindanao Institute of Technology (formerly) University of Southern Mindanao (presently) under Proclamation Order No. 428, one thousand hectares shall be segregated for the purpose of the Cotabato Foundation College of Science and Technology, described as follows:

"Beginning at a point marked "Forest Station 135" at the junction of Culaman River and Tinanan River thence following the Tinanan River in a northeasterly direction for 5 kilometers, and at this point in straight horizontal line 2 kilometers towards the Arakan River and likewise from "Forest Station 135" at the junction of the Culaman River and Tinanan River, to a point in straight line 2 kilometers away towards Makalangot, beginning at the end of kilometer 2 in parallel lines of the Tinanan River in northeasterly direction 5 kilometers away until it meets the point of kilometer 2 to towards Arakan River."

Sec. 24. All existing appropriations for the Children's Educational Foundation are hereby transferred to the Cotabato Foundation College of Science and Technology, to be disbursed in accordance with the provisions of this Act. The necessary sum for the operation and maintenance of the College shall be provided for in subsequent General Appropriations Acts.

Sec. 25. This Act shall take effect upon its approval.

Approved: June 10, 1983

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