PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
|REPUBLIC ACT NO. 7923 - AN ACT
CONVERTING THE CENTRAL MINDANAO UNIVERSITY CAMPUS IN THE MUNICIPALITY
OF CATARMAN, THE MINDANAO POLYTECHNIC STATE COLLEGE CAMPUS IN THE
MUNICIPALITY OF MAMBAJAO, AND THE CAMIGUIN SCHOOL OF ARTS AND TRADES,
ALL IN THE PROVINCE OF CAMIGUIN, INTO A STATE COLLEGE TO BE KNOWN AS
THE CAMIGUIN POLYTECHNIC STATE COLLEGE, AND APPROPRIATING FUNDS
1. The Central Mindanao University Campus in the
Municipality of Catarman, the Mindanao Polytechnic State College Campus
and the Camiguin School of Arts and Trades in the Municipality of
Mambajao, all in the Province of Camiguin, are hereby integrated into a
state college which shall be known as the Camiguin Polytechnic State
College, hereinafter referred to as the College.
Sec. 2. The location of the main administration office of the College shall be determined by the Board of Trustees.
Sec. 3. The College shall primarily provide higher professional, technical and special instructions for special purposes and to promote research and extension services, advanced studies and progressive leadership in agriculture, forestry, engineering, arts and sciences, and other relevant studies.
Sec. 4. The College shall offer undergraduate and graduate courses in the fields of agriculture, forestry, engineering, arts and sciences, and non-degree technical/industrial technologies and other degree courses as the Board of Trustees may deem necessary to carry out its objectives. It shall also offer opportunity in short-term technical or vocational courses within its areas of specialization to meet the needs of the nation.
Sec. 5. The College shall enjoy academic freedom.
Sec. 6. Supervision over the existing high school shall be transferred to the Department of Education, Culture and Sports (DECS): provided, that the existing high school shall be allowed to remain and operate within the campus of the College until it shall have been transferred to another location, or accommodated in other high schools, public or private: provided, further, that the College may operate a reasonably-sized laboratory high school of one, or at most, two classes per curriculum year if it offers a teacher-training program.
Sec. 7. The College shall have the general powers of a corporation set forth in the Corporation Law. 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 insofar as authorized by the Board.
Sec. 8. The governing body 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, chairman;
(b) President of the College, vice-chairman;
(c) Chairman of the Committee on Education of the Senate or a member of said committee having the power to vote as his representative, member;
(d) The Chairman of the Committee on Education, House of Representatives or a member of said committee having the power to vote as his representatives, member; and
(e) The representative of the National Economic and Development Authority, member;
In addition, the Board may appoint the following:
Two (2) prominent citizens who have distinguished themselves in their profession or fields of specialization of the College chosen from among those qualified in the Province of Camiguin.
The representatives of both the Senate and the House Education Committees, NEDA and two (2) prominent citizens so appointed by the Board shall have the same powers; authority, and privileges as the regular members of the Board.
The Chairperson of the Commission on Higher Education, the President of the College, the Education Committee Chairpersons of the Senate and the House of Representatives or their representatives, and the representative of the National Economic and Development Authority shall have an ex officio term of office, of the two (2) prominent citizens, one shall serve for four (4) years and the other for two (2) years.
Sec. 9. The Board shall promulgate and implement policies in accordance with the declared state policies on education and other pertinent provisions of the Philippine Constitution on education, science and technology, arts, culture and sports.
SECTION 10. The Board shall have the following specific powers and duties to its general powers of administration and the exercise of the powers granted to the board of directors of a corporation under existing laws:
(a) To enact rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the College;
(b) To receive all sums as may be provided for the support of the College in the manner it may, in its discretion, determine to carry out the purposes and functions of the College;
(c) To import duty-free essential commodities, materials and equipment for educational or technological programs as an exception to existing laws, provided such commodities, materials and equipment are not available locally;
(d) To receive in trust legacies, gifts and donations of real and personal properties of all kinds, and to administer and dispose the same when necessary for the benefit of the College and subject to the limitations, directions and instructions of the donor, if any. Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor;
(e) 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;
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 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 the discretion of the Board, 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.
(f) To authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personnel properties, including necessary supplies, materials, and equipment. Purchases and other transactions entered into by the College through the Board shall be exempt from all taxes and duties;
(g) To confirm appointments of vice-presidents, deans, directors, heads of departments, faculty members and other officials and employees of the College made by the President of the College;
(h) To fix and adjust salaries of faculty members and administrative officials and employees in accordance with the provisions of the Salary Standardization Law;
(i) To approve the curricula, institutional programs and rules of discipline drawn by the administrative and academic councils as herein provided;
(j) To confer degrees upon successful candidates for graduation, to award honorary degrees upon persons in recognition of outstanding contributions in the field of education, public service, arts and science, and technology or in any field of specialization and to authorize the award of certificates for completion of non-degree and non-traditional courses;
(k) To establish branches if and when it becomes essential and necessary where there is no existing school offering similar programs or courses to promote and carry out special equal access to education opportunities as mandated by the Constitution; and
(l) To establish chairs in the College and to provide fellowships for qualified faculty members and scholarships to deserving students.
SECTION 11. The Board shall convene regularly once every two (2) months. A quorum of the Board shall consist of a majority of all members holding office at the time of the meeting: provided, however, that among those present are the Chairperson of the Commission on Higher Education who is chairman of the Board, or the President of the College who acts as presiding officer in the former's absence. The chairman of the Board may call a special meeting whenever necessary.
The members of the Board shall not receive any salary but shall be entitled for reimbursement for actual and necessary expenses incurred either in attendance in meetings of the Board or in other official business authorized by resolution of the Board subject to existing laws on honoraria and allowances.
SECTION 12. The College shall be headed by a President to be appointed by the President of the Republic of the Philippines upon recommendation of the Board and shall hold office for a term of six (6) years without reappointment unless he reaches the age of retirement or earlier removed for cause or incapacitated to discharge the duties of the office.
In order not to disrupt the operation of the Central Mindanao University Campus, Mindanao Polytechnic State College and the Camiguin School of Arts and Trades and to ensure the smooth transition into a Polytechnic College, the incumbent heads of the three (3) schools shall serve as members of the transitory body who shall oversee the administration of the Camiguin Polytechnic State College until a new president is appointed by the President of the Republic of the Philippines.
In case of vacancy in the Office of the President by reason of death, resignation, incapacity of the President to perform the functions of his office, or removal for cause, the Board shall have the authority to designate an officer-in-charge of the College pending the appointment of a successor. The new President shall hold office for the unexpired term but in no case shall his term be more than six (6) years subject to the provision of the preceding paragraph.
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 the College.
The salary of the President of the College shall be fixed by the Board and shall be comparable to that being received by the President of similar educational institutions.
SECTION 13. The President of the College, whose term may be terminated according to this Act, shall be entitled to full retirement benefits under existing laws.
SECTION 14. There shall be an Administrative Council consisting of the President of the College as chairperson, the vice-president(s), deans, directors, and other officials of equal rank, whose duty is to implement the policies governing the administration of the College as approved by the Board.
SECTION 15. There shall be an Academic Council to be composed of the President of the College as Chairperson, and all members of the instructional staff with the rank of not lower than assistant professor, as members. The Academic Council shall have the power to prescribe curricular offerings subject to the approval of the Board. It shall fix the requirements for admission to the College as well as for graduation and the conferring of degrees subject to review and/or approval by the Board through the President of the College. It shall also have disciplinary powers over the students within the limits prescribed by the rules of discipline as approved by the Board which shall be exercised through the President of the College.
SECTION 16. There shall be a Secretary of the College who shall be appointed by the Board upon recommendation of the President of the College. He shall also be the Secretary of the Board and shall keep such records of the College as may be determined by the Board.
SECTION 17. The Treasurer of the Philippines shall be the ex officio treasurer of the College.
SECTION 18. No religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the College: provided, however, that no member of the faculty shall teach for or against any particular church or religious sect.
SECTION 19. No student shall be denied admission to the College by reason of sex, nationality, religion, or political affiliation.
Sec. 20. On or before the fifteenth (15) day of the second (2nd) month after the opening of regular classes each year, the Board shall file with the Office of the President of the Philippines through the Chairman of the Commission on Higher Education and to both Houses of Congress a detailed report on the progress, conditions, and needs of the college.
Sec. 21. All the assets, fixed and movable, personnel and records of the Central Mindanao University Campus in the Municipality of Catarman, the Mindanao Polytechnic State College in the Municipality of Mambajao and the Camiguin School of Arts and Trades are hereby transferred to the College: provided, however, that the positions, rights, and security of tenure of personnel therein employed under existing laws prior to absorption by the College are not impaired: provided, further, that the incumbent of the positions shall remain in the status until otherwise provided for by the Board. All parcels of land belonging to the government occupied by the Central Mindanao University Campus in the Municipality of Catarman and the Mindanao Polytechnic State College in the Municipality of Mambajao are hereby declared to be the property of the Camiguin Polytechnic State College and shall be entitled under that name: provided, finally, that should the College cease to exist or to be abolished or should such parcels of land aforementioned be no longer needed by the College, the same shall revert to the respective municipalities.
Sec. 22. All accounts and expenses of the College shall be audited by the Commission on Audit or its duly authorized representative.
Sec. 23. Heads of bureaus and offices of the national government are hereby authorized to loan or transfer, upon 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 the bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to the public service. 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 official service.
Sec. 24. It shall be a continuing policy of the College to accept the affiliation and/or integration within its operation of any existing national schools whose program can contribute largely and effectively to the attainment of its objectives: provided, however, that in case of integration, the Chairperson of the Commission on Higher Education is hereby authorized to determine and approve the specific existing national schools that are to be integrated as part of the College. In this particular case, it is understood that all funds, properties, and other assets as well as obligations of the integrated schools shall be transferred to the College.
Sec. 25. The amount needed to carry out the provisions of this Act shall be charged against the current year's appropriations of the Central Mindanao University Campus in the Municipality of Catarman and the mindanao Polytechnic State College Campus in the Municipality of Mambajao and the Camiguin School of Arts and Trades. Thereafter, such sums as may be necessary shall be included in the annual General Appropriations Act.
Sec. 26. In order to have a smooth integration and transition, the heads of the Central Mindanao University Campus, and Mindanao Polytechnic State College in the Municipality of Mambajao and the Camiguin School of Arts and Trades, Chairperson of the CHED, and a representative from DECS are hereby appointed to the transition body, who will prepare the plans, processes, and procedures for the integration of the school into a state college: provided, that the works of the transitory body shall be finished within six (6) months from the approval of this Act.
Sec. 27. All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec. 28. This Act shall take affect upon its approval.
Approved: February 24,