PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
|REPUBLIC ACT NO. 7932 - AN ACT
CONVERTING THE SOUTHERN AGUSAN NATIONAL AGRICULTURE COLLEGE OF BUNAWAN,
AGUSAN DEL SUR, INTO A STATE COLLEGE, TO BE KNOWN AS THE AGUSAN DEL SUR
STATE COLLEGE OF AGRICULTURE AND TECHNOLOGY, AND APPROPRIATING FUNDS
1. The Southern Agusan National Agriculture College
of Bunawan, Agusan del Sur, is hereby converted into a state college,
to be known as the Agusan del Sur State College of Agriculture and
Technology hereinafter referred to as the College.
Sec. 2. 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, education, forestry, fishery, engineering, arts and sciences, and other fields as may be relevant.
Sec. 3. The College shall offer undergraduate and graduate courses leading to the degree of Bachelor of Science in Food Technology, Bachelor of Science in Nutrition, Bachelor of Science in Home Technology, Bachelor of Science in Engineering, and Bachelor of Science in Elementary Agriculture, courses in freshwater fish culture, processing of agricultural products and other degree courses and special courses as the Board of Trustees may deem necessary to carry out its objectives. It shall also continue its short-term technical or vocational courses within its area of specialization to meet the needs of the nation.
Sec. 4. The existing high school shall be transferred to the jurisdiction and supervision of the Department of Education, Culture and Sports (DECS): provided, that the 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 until its students shall have been accommodated in other high schools, public or private: provided, further, that the College may operate a reasonably sized laboratory school of one or, at most, two classes per curriculum year, if it has a college of education.
Sec. 5. 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 by the Board of Trustees and in the president of the College insofar as authorized by the Board.
Sec. 6. 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 (CHED) as chairman;
(b) The president of the College, vice-chairman;
(c) The 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 of the House of Representatives or a member of said committee having the power to vote as his representative, member;
(e) The representative of the congressional district where the College is located, member;
(f) The president of the faculty association of the College, member; and
(g) The president of the supreme student council of the College, member.
In addition, the Board may appoint the following as members, when deemed necessary:
(i) The president of the alumni association of the College;
(ii) The president of the employees' association of the College; and
(iii) Two (2) prominent citizens who have distinguished themselves in their professions or fields of specialization of the College chosen from among those qualified in the Province of Agusan del Sur.
The presidents of the alumni association and of the employees' association, as well as the 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 CHED, the president of the College, the Education Committee Chairmen of the Senate and the House, and the representative of the congressional district where the College is located, shall have an ex officio term of office, while the presidents of the faculty association and the supreme student council and, when deemed necessary, the presidents of the alumni association and the employees' association shall serve for one (1) year and, when likewise necessary, for the two (2) prominent citizens, one of whom shall serve for four (4) years and the other for two (2) years.
Sec. 7. 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.
Sec. 8. 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 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 to carry out the purposes and functions of the College;
(c) To import duty-free essential commodities, materials and equipment for education 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 and instructions of the donor, if any. Such donations shall be exempt from taxes and shall be considered as tax 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;
(f) To authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personal 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 approve the curricula, institutional programs, and rules of discipline drawn by the administrative and academic councils as herein provided;
(i) To confer degrees upon successful candidates for graduation, to award honorary degrees upon persons in recognition of outstanding contribution in the fields of education, public service, arts, science and technology, or in any field of specialization and to authorize the award of certification for completion of non-degree and non-traditional courses;
(j) To establish branches within the Province of Agusan del Sur and when it becomes essential and necessary where there is no existing school offering similar programs or courses to promote and carry out equal access to education opportunities as mandated by the Constitution; and
(k) To establish chairs in the College and to provide fellowships for qualified faculty members and scholarships to deserving students.
Sec. 9. 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 is the Chairperson of the CHED who is the Chairman of the Board, or the president of the College who acts as presiding officer in the former's absence. The Board shall convene regularly once every two (2) months. The chairman of the Board may call a special meeting whenever necessary.
The members of the Board shall not receive salary but shall be entitled to 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 10. The College shall be headed by a president to be appointed by the President of the Philippines upon recommendation of the Board and shall hold office for a term of four (4) years subject to one (1) reappointment unless he reaches the age of retirement or earlier removed for cause or incapacitated to discharge the duties of the office.
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 four (4) years subject to the provision of the preceding paragraph.
The powers and functions 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 a 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 institution of like enrollment and standing.
SECTION 11. 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 12. There shall be an administrative council consisting of the president of the College, as chairman, the vice-president(s), deans, directors, and other officials of equal rank, whose duty is to implement the policies governing the administration, management, and development planning of the college as approved by the Board.
SECTION 13. There shall be an academic council with the President of the College as chairman and all the members of the instructional staff with the rank of not lower than assistant professor as member. 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 power through the president over the students within the limits prescribed by the rules of discipline as approved by the Board.
SECTION 14. 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 15. The Treasurer of the Philippines shall be the ex officio treasurer of the College.
SECTION 16. 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 17. No student shall be denied admission to the College by reason of sex, nationality, religion, or political affiliation.
SECTION 18. The College shall enjoy academic freedom.
SECTION 19. The incumbent president of the Southern Agusan National Agriculture College, if qualified under the rules and regulations of the CHED, shall be the officer-in-charge of the College pending the appointment of the President.
Sec. 20. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board shall file with the Office of the President of the Philippines, through the Chairperson of the CHED, and to both Houses of Congress a detailed report on the progress, conditions and needs of the College.
Sec. 21. All assets, fixed and movable, personnel and records of the Southern Agusan National Agriculture College, as well as liabilities or obligations, are hereby transferred to the College: provided, however, that the positions, rights, and security of tenure of the 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 same status until otherwise provided for by the Board. All parcels of land belonging to the government occupied by the Southern Agusan National Agriculture College are hereby declared to be the property of Agusan del Sur State College of Agriculture and Technology and shall be titled under that name: provided, finally, that should the College cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the college, the same shall revert to the Province of Agusan del Sur.
Sec. 22. All accounts and expenses of the College shall be audited by the Commission on Audit or its duly authorized representative.
Sec. 23. The heads of bureaus and offices of the national and local governments 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 and the provisions of the civil service law has not been violated. 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.
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 CHED in coordination with the Department of Education, Culture and Sports is hereby authorized to determine and approve the specific existing schools that are to be integrated as part of the Agusan del Sur State College of Agriculture and Technology. 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 necessary for the implementation of this Act shall be charged against the current year's appropriations of the southern Agusan National Agriculture College except the sum needed to continue the operations of the existing high school. Thereafter, such sums as may be necessary for the continued operation and maintenance of the College shall be included in the annual General Appropriations Act.
Sec. 26. 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. 27. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation.
Approved: March 1, 1995