Conversion of Apayao Institute into State College

Educational offerings and programs

Section 3 authorizes the State College to offer undergraduate, graduate, and short-term technical courses within its area of specialization.
Section 3 makes course offerings subject to what the Board of Trustees deems necessary to carry out the State College’s objectives.
Section 3 requires the State College to particularly offer programs to meet the needs of the province.

Corporate status and governance

Section 4 provides that the State College has the general powers of a corporation under corporation law.
Section 4 vests administration and the exercise of corporate powers exclusively in the Board of Trustees and the president, to the extent authorized by the Board.
Section 5 establishes the governing body as the Board of Trustees.
Section 5 places the Board in a mixed membership structure combining CHED, legislature, NEDA, internal representatives, and external prominent citizens.

Board of Trustees composition and terms

Section 5 sets the Board chairman as the Chairman of the Commission on Higher Education (CHED).
Section 5 sets the Board vice chairman as the president of the State College.
Section 5 includes as members: the Chair of the Senate Committee on Education, Culture and Arts; the Chair of the House Committee on Education and Culture; and the Director-General of NEDA.
Section 5 includes members from inside the institution: the president of the faculty association, the president of the supreme student council, and the president of the alumni association.
Section 5 requires at least two (2) prominent citizens as members, chosen from among at least five (5) qualified persons in the Province of Apayao, as recommended by a search committee constituted by the State College president in consultation with the chairman of CHED, based on normal standards and qualifications.
Section 5 provides coterminous terms with the presidents’ terms of office for the faculty association president, alumni association president, and student council president.
Section 5 provides that the two (2) prominent citizens serve for a term of four (4) and two (2) years, respectively.
Section 5 provides that vacancies are filled by an officer-in-charge designated by the Board, who serves only the unexpired term.
Section 5 entitles the president whose term may be terminated under the Act to full retirement benefits under existing laws.

Board powers and key institutional authority

Section 6 requires the Board to promulgate and implement policies consistent with: (a) the declared policies on education and other pertinent provisions of the Philippine Constitution on education, science and technology, arts, culture and sports; and (b) the CHED policies, standards, and thrusts under Republic Act No. 7722.
Section 7 grants the Board power to enact rules and regulations not contrary to law to carry out State College purposes and functions.
Section 7 authorizes the Board to receive and allocate all sums provided for the State College’s support, in the Board’s discretion, for its purposes.
Section 7 allows the State College to import duty-free, subject to existing laws, essential commodities, materials, and equipment for educational or technological programs, provided the items are not available locally at a comparable price.
Section 7 authorizes the Board to receive in trust legacies, gifts, and donations of real and personal properties and to administer and dispose of them when necessary for the State College’s benefit, subject to donor limitations and directions (if any).
Section 7 provides that such donations are exempt from all taxes and are considered deductible items from the income tax of the donor.
Section 7 authorizes the Board to fix tuition fees and other necessary school charges, including matriculation fees, graduation fees, and laboratory fees, as the Board may impose.
Section 7 classifies the tuition fees and other charges, including government subsidies and other income generated by the State College, as special trust funds deposited in any authorized government depository bank, with all interest forming part of the same funds for State College use.
Section 7 directs retention of income generated by the State College from tuition fees and other charges and from auxiliary services and land grants, allowing the Board to disburse such income for instruction, research, extension, or other programs/projects of the State College.
Section 7 requires function fees to be disbursed only for the specific purposes for which they are collected.
Section 7 allows the Board, if it cannot pursue a project for reasons beyond its control, to authorize use of appropriated and allocated funds for any reasonable and necessary urgent purpose to attain the State College’s objectives and goals.
Section 7 authorizes the Board to construct or repair buildings, machinery, equipment, and other facilities and to purchase and acquire real and personal properties, including necessary supplies, materials, and equipment.
Section 7 requires the Board to appoint vice presidents, deans, directors, and heads of departments upon recommendation of the president, and to appoint faculty members and other officials and employees.
Section 7 authorizes the Board to fix and adjust salaries of faculty and administrative officials and employees according to the Revised Compensation and Position Classification System.
Section 7 authorizes the Board to approve curricula, institutional programs, and rules of discipline drawn by administrative and academic councils as provided by the Act.
Section 7 gives the Board authority to: confer degrees upon successful graduates; award honorary degrees for outstanding contributions in education, public service, arts, science and technology, or any specialization; and award certificates for completion of non-degree and nontraditional courses.
Section 7 authorizes establishment of branches in the Province of Apayao when essential and necessary, where no existing school offers similar programs or courses, to promote equal access mandated by the Constitution.
Section 7 allows the Board to establish chairs and provide fellowships for qualified faculty members and scholarships to deserving students.
Section 7 permits delegation of any Board powers and duties provided in the Act to the president and/or other officials to expedite administration.
Section 7 authorizes an external management audit of the institution financed by CHED, and authorizes reforms, including academic and structural changes, based on audit results and recommendations.
Section 7 allows collaboration with other governing boards of state universities and colleges within the province or region under CHED supervision and in consultation with the Department of Budget and Management for restructuring toward efficiency, relevance, productivity, and competitiveness.
Section 7 authorizes entry into joint ventures with business and industry for profitable development and management of the College’s economic assets, with proceeds used for development and strengthening of the College.
Section 7 allows development of consortia and other linkages with LGUs, institutions, and agencies—public or private, local or foreign—to further institutional purposes.
Section 7 authorizes academic arrangements for institutional capability building with appropriate institutions and agencies, and allows appointment of experts/specialists as consultants, or visiting or exchange professors, scholars, and researchers.
Section 7 authorizes adoption of modern and innovative modes of transmitting knowledge such as information technology, dual system, open learning, community laboratory, and similar modes to promote greater access to higher education.
Section 7 requires the Board to establish policy guidelines and procedures for participative decision-making and transparency within the institution.
Section 7 authorizes privatization—where most advantageous—to the College—of management and nonacademic services such as health, food, building or grounds or property maintenance, and similar activities.
Section 7 authorizes extension of the president’s term beyond the age of retirement but not later than 70, when performance has been unanimously rated as outstanding and upon unanimous recommendation by the search committee for the president of the institution concerned.

Board meetings and quorum

Section 8 requires the Board to convene regularly at least once every two (2) months.
Section 8 authorizes a special meeting when necessary upon three (3) days prior written notice by the chairman.
Section 8 defines quorum as a majority of all members holding office at the time of the meeting, with a proviso requiring the CHED chairman (who is Board chairman) or the president of the State College to be present.
Section 8 provides that in the absence of the CHED chairman, a duly designated CHED commissioner represents him with full member and presiding officer rights and responsibilities.
Section 8 provides that in the absence of the NEDA director-general, the regional director where the State College is located represents him.
Section 8 provides that Board members receive no salary, but are entitled to honoraria and reimbursements for actual and necessary expenses incurred for attendance to meetings or other official business as authorized by Board resolution, subject to existing laws on honoraria and allowances.

President and internal councils

Section 9 provides that the State College is headed by a president appointed by the Board upon recommendation of a duly constituted search committee.
Section 9 establishes a four (4) year term for the president and allows eligibility for reappointment for another term only, unless retirement age is reached, removed for cause, or incapacitated.
Section 9 provides that the Board designates an officer-in-charge pending appointment of a successor in case of vacancy due to death, resignation, incapacity, or removal for cause.
Section 9 provides that a successor holds office for the unexpired term only.
Section 9 provides that the president’s additional powers and duties are those usually pertaining to the office of presidents of similar colleges and those designated by the Board.
Section 9 requires the president’s salary to be subject to the Revised Compensation and Position Classification System and comparable to salaries of presidents of similar institutions by enrollment and standing.
Section 10 establishes an administrative council chaired by the president and composed of vice president(s), deans, directors, and other officials of equal rank.
Section 10 assigns the administrative council the duty to implement policies on administration, management, and development planning as approved by the Board.
Section 11 establishes an academic council chaired by the president and consisting of instructional staff members with rank not lower than assistant professors.
Section 11 gives the academic council power to prescribe curricular offerings subject to Board approval.
Section 11 authorizes the academic council to fix admission and graduation requirements and the conferring of degrees, subject to Board review and/or approval through the president.
Section 11 grants disciplinary power over students within limits prescribed by rules of discipline approved by the Board.
Section 12 requires appointment of a secretary of the State College by the Board upon recommendation of the president.
Section 12 provides that the secretary is also the secretary of the Board and keeps State College records as determined by the Board.
Section 13 makes the Treasurer of the Philippines the ex officio treasurer of the State College.

Rights, academic freedom, and admissions

Section 14 prohibits religious opinion or affiliation from being the matter of inquiry in appointing faculty members.
Section 14 requires that no faculty member shall teach for or against any particular church or religious sect.
Section 15 prohibits denial of admission based on sex, nationality, religion, or political affiliation.
Section 16 provides that the State College enjoys academic freedom.

Student and program staffing continuity; accreditation

Section 17 directs the Board, as it deems fit, to appoint the incumbent head of AIST as officer-in-charge pending appointment of a president, provided the person is qualified under CHED rules and regulations.

Reports and oversight to the national government

Section 18 requires the Board to file a detailed report to the Office of the President of the Philippines through the chair of CHED, and to both Houses of Congress, on the progress, conditions, and needs of the State College.
Section 18 sets the deadline as on or before the fifteenth day of the second month after the opening of the regular classes each year.

Governing charter and audited accounts

Section 19 provides that Republic Act No. 8292, the Higher Education Modernization Act of 1997, forms an integral part of this Act and serves together as the governing charter of the College.
Section 21 requires all accounts and expenses of the State College to be audited by the Commission on Audit or its duly authorized representative.

Property, assets transfer, and land titling

Section 20 transfers to the Apayao State College the assets, fixed and movable, personnel records, facilities, and liabilities/obligations of AIST main and its Conner extension high school.
Section 20 excludes the extension high schools in Luna, Calanasan, Sta. Marcela, Kabugao and Pudtol from the transfer because those annex high schools are transferred to the Department of Education, Culture and Sports under Section 2.
Section 20 protects existing personnel by providing that positions, rights, and security of tenure of personnel employed under existing laws prior to absorption are not impaired.
Section 20 provides that qualified incumbents remain in the same status until otherwise provided for by the Board.
Section 20 declares that parcels of land belonging to the government occupied by AIST main and the Conner extension high school are the property of the Apayao State College.
Section 20 requires titling of those parcels under the name of the Apayao State College.
Section 20 provides that if the State College ceases to exist or is abolished, or if the parcels are no longer needed, the parcels revert to the Province of Apayao.

Loans, transfers, and continuing policy integration

Section 22 authorizes the heads of bureaus and offices of the national government, upon request of the president, to loan or transfer apparatus, equipment, supplies, and to detail employees for duty when such resources can be spared without serious detriment to public service.
Section 22 provides that detailed employees perform duties required by the president and that the time employed counts as part of their regular service.
Section 23 establishes a continuing policy for the State College to accept affiliation and/or integration within its operation of any existing national school whose programs, teaching staff, and facilities can contribute largely and effectively to attainment of the State College’s objectives.

Budgeting and appropriation mechanics

Section 24 charges the implementation needs against the current year’s appropriations of AIST main and its Conner extension, except the sum needed to continue operations of the other existing extension and annex high schools.
Section 24 directs that thereafter, necessary amounts for continued operation and maintenance of the Apayao State College must be included in the annual General Appropriations Act.

Repeal and effectivity

Section 25 repeals, amends, or modifies all laws, presidential decrees, executive orders, rules, and regulations contrary to or inconsistent with the Act.
Section 26 provides that the Act takes effect upon approval.
The Act is approved February 26, 1998.