Conversion of Ilocos Sur Polytechnic College into State College

Conversion and institutional scope

The Ilocos Sur Polytechnic College with its eight (8) campuses in the second district of Ilocos Sur is upgraded/converted into a State college known as the Ilocos Sur Polytechnic State College (the College).
The College must primarily provide professional and technical training at both undergraduate and graduate levels.
The College must focus on fields of economics, agriculture, fishery, trade, home industry, engineering, education, forest research and conservation, management, finance, accounting and business administration, public administration, and other relevant fields.
The College must also promote scientific and technological researches the College deems necessary to carry out its objectives.
The existing high school is transferred to the jurisdiction and supervision of the Department of Education, Culture and Sports, but it may remain and operate within the College campus until it is transferred to another location or its students are accommodated in other public or private high schools.
The College may operate a reasonably-sized laboratory school if it has a college of education.
The College must offer undergraduate, graduate, and short-term technical courses within its specialization area as the Board of Trustees deems necessary, particularly to meet the needs of the province.

Governing Board: composition and meetings

The governing body is the Board of Trustees.
The Chairman of the Commission on Higher Education (CHED) is the chairman of the Board.
The President of the College is the vice chairman of the Board.
The Board includes the Chairmen of the Congressional Committees on Education and Culture.
The Board includes the Regional director of the National Economic and Development Authority (NEDA) where the main campus is located.
The Board includes the Regional director of the Department of Science and Technology (DOST).
The Board includes the President of the faculty association.
The Board includes the President of the supreme student council or the student representative elected by the student council; if there is no student council president or elected student representative, the College must schedule one (1) week for the campaign and election of a student representative.
The Board includes the President of the alumni association of the College.
The Board includes Two (2) prominent citizens who distinguished themselves in their professions or fields of specialization, chosen from at least five (5) persons qualified in the province, as recommended by a search committee constituted by the President in consultation with the chairman of CHED based on normal standards and qualifications for the position.
The private sector representatives (the prominent citizens) are appointed by the Board upon recommendation of a duly constituted search committee.
Presidents of the faculty and alumni associations and the student regents or trustees sit in the Board until expiration of their term in such capacities.
The Two (2) prominent citizens serve for a term of two (2) years.
The Board must regularly convene at least once every quarter.
The chairman may call a special meeting whenever necessary, provided members are notified in writing at least three (3) days prior to the meeting.
A majority of all members holding office constitutes a quorum for Board meetings, but the chairman of CHED must be among those present.
In the absence of the CHED chairman, a CHED commissioner designated by him represents him with all rights and responsibilities of a regular member.
In the meeting, the College president as vice chairman presides.
The CHED chairman is authorized to designate a CHED commissioner as the regular chair, in which case the commissioner acts as presiding officer.
Board members serve without compensation, but they are reimbursed for necessary expenses incurred in attendance of meetings or in connection with official business authorized by Board resolution.

Board powers and duties

The Board has specific powers and duties in addition to its general powers of administration and all powers granted to corporate board directors under Section 36 of Batas Pambansa Blg. 68 (Corporation Code of the Philippines).
The Board may enact rules and regulations not contrary to law to carry out the College’s purposes and functions.
The Board may receive and appropriate all sums provided for the support of the College in the manner it determines in its discretion to carry out those purposes and functions.
The Board may receive in trust legacies, gifts, and donations of real and personal properties of all kinds, administer and dispose them when necessary for the benefit of the College, and administer them subject to limitations, directions, and instructions of donors, if any.
Donations under this trust authority are exempt from all taxes and are deductible items from the income tax of the donor.
The Board must fix tuition fees and other necessary school charges (including but not limited to matriculation fees, graduation fees, and laboratory fees) after due consultations with the involved sectors.
Fees and charges, including government subsidies and other income generated by the College, constitute special trust funds deposited in an authorized government depository bank; all interest accrues to and forms part of the same fund for use by the College.
Income generated by the College from tuition fees and other charges, and from the operation of auxiliary services and land grants, is retained by the College and may be disbursed by the Board for instruction, research, extension, or other programs/projects of the College, with fiduciary fees disbursed for the specific purposes for which they are collected.
If the College cannot pursue a project for which funds have been appropriated and allocated under its approved program of expenditures for reasons beyond its control, the Board may authorize use of those funds for any reasonable purpose necessary and urgent to attain the College’s objectives and goals.
The Board must adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students.
The Board may authorize the construction or repair of 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 are exempt from all taxes and duties.
The Board may appoint vice presidents, deans, directors, heads of departments, faculty members, and other officials and employees upon recommendation of the College president.
The Board may fix and adjust salaries of faculty members and administrative officials and employees subject to the revised compensation and classification system and other pertinent budget and compensation laws governing hours of service, duties, and conditions, to grant leaves of absence under regulations it promulgates (notwithstanding provisions of existing law to the contrary), and to remove them for cause in accordance with due process.
The Board must approve curricula, institutional programs, and rules of discipline drawn by administrative and academic councils as provided in the Act.
The Board sets policies on admission and graduation of students.
The Board may award honorary degrees for outstanding contribution in education, public service, arts, science and technology, or any field of specialization within the College’s academic competence, and may authorize certificates of completion of non-degree and nontraditional courses.
The Board may absorb non-chartered tertiary institutions within their respective provinces in coordination with CHED and in consultation with the Department of Budget and Management, and may offer needed programs or courses to promote equal access to educational opportunities mandated by the Constitution.
The Board may establish research and extension centers where they promote development of the College.
The Board may establish chairs in the College and provide fellowships for qualified faculty members and scholarships to deserving students.
The Board may delegate any powers and duties to the College president and/or other officials to expedite administration of College affairs.
The Board may authorize an external management audit of the institution to be financed by CHED and institute reforms, including academic and structural changes, on the basis of audit results and recommendations.
The Board may collaborate 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 to be more efficient, relevant, productive, and competitive.
The Board may enter into joint ventures with business and industry for profitable development and management of economic assets of the College or institution, with proceeds used for development and strengthening of the College.
The Board may develop consortia and other forms of linkages with local government units, institutions, and agencies (public and private, local and foreign) to further the College’s purposes and objectives.
The Board may develop academic arrangements for institution capability building with appropriate institutions and agencies (public or private, local or foreign), and appoint experts/specialists as consultants or visiting or exchange professors, scholars, and researchers as appropriate.
The Board must set up the adoption of modern and innovative modes of transmitting knowledge such as information technology, the dual system, open learning, community laboratory, and similar modes for greater access to higher education.
The Board must establish policy guidelines and procedures for participative decision-making and transparency within the College.
The Board may privatize, where most advantageous, management and nonacademic services such as health, food, building or grounds or property maintenance and similar activities.
The Board may extend the term of the president beyond the age of retirement but not later than the age of seventy (70), whose performance has been unanimously rated as outstanding and upon unanimous recommendation by the search committee.

Policy, administration, and councils

The Board must promulgate and implement policies consistent with declared state policies on education and other relevant constitutional provisions on education, science and technology, arts, culture and sports, and with CHED policies, standards, and thrusts under Republic Act No. 7722.
The College administration is vested in the president of the College, who must render full-time service.
The president is appointed by the Board upon recommendation of a duly constituted search committee.
The president’s term is four (4) years and the president is eligible for reappointment for another term, without adversely affecting the term of the incumbent.
The president is assisted by a vice-president for academic affairs appointed by the Board upon the president’s recommendation, without prejudice to appointing more than one vice-president when warranted.
If the president’s office becomes vacant due to death, resignation, removal for cause, or incapacity, the Board designates an officer-in-charge pending appointment of a new president.
If the president’s office becomes vacant, the successor holds office for the unexpired term.
The Board appoints a secretary who serves for both the Board and the College, keeps all records and proceedings of the Board, and communicates meeting notices to each Board member.
The Treasurer of the Philippines serves as ex officio treasurer of the College.
There is an Administrative Council consisting of the president as chairman, the vice-president(s), deans, directors, and other officials of equal rank, tasked to review and recommend to the Board policies on administration, management, and development planning for appropriate Board action.
There is an Academic Council consisting of the president as chairman and all instructional staff with rank of not lower than assistant professor.
The Academic Council may review and recommend curricular offerings and rules of discipline for Board action.
The Academic Council fixes requirements for admission of students and for graduation and conferment of degrees, subject to review and/or approval by the Board through the president of the College.
The College must recognize academic freedom and institutional autonomy for all higher learning institutions, public and private, pursuant to paragraph 2, Section 5, Article XIV of the Constitution.

Faculty, admission, and religious restrictions

No student is denied admission to the College by reason of sex, nationality, religion, political affiliation, or physical disability.
No religious opinion or affiliation is subject to inquiry in the appointment of faculty members of the State College.
No faculty member teaches for or against any particular church or religious sect.
No faculty member may attempt directly or indirectly to influence students or any person in the College toward any political or other ideology that agitates the overthrow of the duly constituted government.
Violation of the prohibition on influencing students toward overthrow of the duly constituted government subjects the faculty member to dismissal by the Board of Trustees.

Continuity of government officers and reporting

The officer-in-charge pending appointment of the president is appointed by CHED based on the Board’s composition.
The Board must file with the President of the Philippines on or before the 15th day of June of each year a detailed report setting forth the programs, conditions, and needs of the State College.

Assets transfer, land titles, and audits

The assets (fixed and movable), personnel records, facilities, and liabilities or obligations of the Ilocos Sur Polytechnic College are transferred to the Ilocos Sur Polytechnic State College.
Personnel positions, rights, and security of tenure of personnel employed under existing laws prior to absorption are not impaired.
Incumbent personnel remain in the same status until otherwise provided for by the Board.
Parcels of land belonging to the government occupied by the Ilocos Sur Polytechnic College are declared property of the Ilocos Sur Polytechnic State College and must be titled under that name.
If the State College ceases to exist or is abolished, or if the parcels of land are no longer needed by the College, the land reverts to the Province of Ilocos Sur.
All accounts and expenses of the College must be audited by the Commission on Audit or its authorized representative.

Funding, loans, and integration policy

The Higher Education Modernization Act of 1997 (Republic Act No. 8292) forms an integral part of the Act and serves as the governing charter of the university.
Heads of bureaus and offices of the national government must, upon request of the College president, loan or transfer apparatus, equipment, or supplies needed by the College and may detail employees for duty when, in their judgment, the apparatus, equipment, supplies, or services can be spared without serious detriment to the public service.
Detailed employees must perform duties required by the College president, and their time served counts as part of their regular service.
The State College must continue accepting the affiliation and/or integration within its operation of any existing national school whose programs contribute largely and effectively to attaining the College’s objectives.
For integration, the CHED chair determines and approves the specific existing national schools to be integrated as part of the College.
For integration, funds, properties, other assets, and obligations of the integrated schools transfer to the College.

Land endowment/expropriation coordination

The Bureau of Lands, the Bureau of Fisheries and Aquatic Resources, and the Bureau of Forest Management must coordinate with the Ilocos Sur Polytechnic State College for the endowment and/or expropriation of at least five hundred hectares (500 hectares) out of the alienable and disposable areas of the Province of Ilocos Sur for the College’s agricultural, forestry, and fishery programs.

Appropriations and continuation of high schools

Amounts needed to carry out the Act are charged against the current year’s appropriations of the Ilocos Sur Polytechnic College, except the amount needed to continue operations of the existing high schools.
Thereafter, amounts needed for continued operation and maintenance of the Ilocos Sur Polytechnic State College are included in the annual General Appropriations Act.

Repeal and effect on prior laws

All laws, presidential decrees, executive orders, rules, and regulations contrary to or inconsistent with the Act are repealed or amended accordingly.