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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)

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Batas Pambansa Bilang 440





Section 1. The Quirino National Agricultural School in the Municipality of Diffun, Province of Quirino, is hereby converted into a state college to be known as the Quirino State College, hereinafter referred to as State College.

Sec. 2. The State College shall primarily provide higher technological, professional, and vocational instruction and training in science, agricultural and industrial fields, as well as short-term technical or vocational courses. It shall promote research, advanced studies, and progressive leadership in its areas of specialization.

Sec. 3. In addition to its present secondary and collegiate curricular offerings, the State College shall offer undergraduate and graduate courses in the fields of science, agriculture and industrial fields as the Board of Trustees may deem necessary. It shall also offer opportunity or short-term technical or vocational course within its areas of specialization to meet the needs of the region.

Sec. 4. No student shall be denied admission to the State College by reason of sex, ethnic consideration, or religious belief or affiliation.

Sec. 5. The head of the State College shall be known as the President of the Quirino State College. He shall be appointed by the President of the Philippines upon recommendation of the Board of Trustees. His salary shall be determined in accordance with Presidential Decree No. 985 and other pertinent budget and compensation laws.

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.

Sec. 6. The governing body of the State College shall be the Board of Trustees of the Quirino State College. It shall be composed of the Minister of Education, Culture and Sports as Chairman, the Regional Director of the National Economic and Development Authority, the President of the State College, and four (4) prominent citizens of Region II to be appointed by the President of the Philippines as members.

Of the four appointed members, one shall be an authority in science, one in agriculture, one in arts and trades, and one in technology: Provided, That at least one of the four appointed members shall be an alumnus of the former Quirino National Agricultural School. Of the first group appointed, the President shall designate one to serve for one year; one to serve for two years; one to serve for three years; and one to serve for four years. Thereafter, persons appointed to succeed such members shall hold office for a term of four years and until their successors who should be an expert in the same field shall have been appointed and qualified. In case of permanent vacancy, the position shall be filed by appointment by the President of the Philippines. Such appointee shall hold office for the unexpired term only.

When the Minister of Education, Culture and Sports 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, the Deputy Minister of Education, Culture and Sports shall temporarily perform the functions of the Chairman of the said Board. The Chairman may assign qualified officials to represent him with full authority in the Board.

Sec. 7. A quorum of the Board of Trustees shall consist of a majority of all the members holding office at the time a meeting is called. All processes against the Board of Trustees shall be served on the President or Secretary thereof.

Sec. 8. The members of the Board of Trustees shall be entitled to an allowance of one hundred pesos per meeting actually attended but not more than three hundred pesos a month: Provided, That they shall be reimbursed 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 on honoraria and allowances.

Sec. 9. The Board of Trustees 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 thirty-six 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 specialization of the State College, or in recognition 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 may have completed non-degree courses;

(d) To appoint, on recommendation of the President of the State College, a vice-president, deans, directors, secretary of the State College, registrar, heads of departments, professors, instructors, lecturers and other officials and employees of the State 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, 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 after an investigation and hearing; 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 College Council as hereinafter provided;

(f) To provide fellowship for qualified faculty members and scholarship 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;

(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 of Trustees may in 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 donors; and

(i) To authorize the State College to undertake construction and/or repair of its buildings, machinery and equipment and other facilities, any provisions of law or executive order to the contrary notwithstanding: Provided, That the funds for the purpose shall come from its appropriation.

Sec. 10. On or before the fifteenth day of the second month after the opening of 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 needs of the State College.

Sec. 11. There shall be a College Council consisting of the President of the State College and all members of the faculty with the rank of professors. The 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 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.

Sec. 12. 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.

Sec. 13. No member of the faculty of the State College shall attempt directly or indirectly, under penalty of dismissal by the Board of Trustees, 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.

Sec. 14. There shall be a Secretary of the State College who shall be appointed by the Board of Trustees 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 of Trustees.

Sec. 15. The Treasurer of the Philippines shall be ex officio, treasurer of the State College and all accounts and expenses thereof shall be audited by the Commission on Audit or its duly authorized representative.

Sec. 16. 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. Employees so detailed shall perform such duty as required under such detail and the time so employed shall be counted as part of their regular official service.

Sec. 17. All assets of the Quirino National Agricultural School, whether fixed or movable, records and personnel, are hereby transferred to the Quirino State College.

Sec. 18. All existing appropriations for the Quirino National Agricultural School are hereby transferred to the Quirino State College, to be disbursed in accordance with the provisions of this Act. The necessary sum for the operation and maintenance of the State College shall be provided in subsequent General Appropriations Acts, until which time the operation of the institution as a college shall be deferred, provided that its new name shall take effect upon approval of this Act.

Sec. 19. The Minister of Education, Culture and Sports is hereby directed to take such steps as are necessary for the immediate implementation of this Act.

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

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

Approved: June 10, 1983.

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