Conversion of Iligan City Fisheries School to Polytechnic

Mandate, offerings, and continuing operations

Section 2 requires the ICPSC to primarily provide advance instruction and professional training in education, engineering, science and technology, arts and humanities, information and communications technology, agriculture, forestry, and other relevant fields.
Section 2 requires the ICPSC to undertake research and extension services and production activities to support the socioeconomic development of the Province of Lanao del Norte.
Section 3 requires the ICPSC to offer short-term technical-vocational, undergraduate, and graduate courses within its competency and specialization in the specified fields, including fishery education, marine transportation, and tourism.
Section 3 requires continued offering of existing technical-vocational courses or programs under the supervision of TESDA.
Section 3 requires the continued operation of reasonably-sized laboratory junior and senior high school and elementary school under the supervision of the College of Education to serve in-campus requirements.

Powers, corporate governance structure

Section 4 provides that the ICPSC has the general powers of a corporation under Batas Pambansa Blg. 68, as amended.
Section 4 vests the exercise of the ICPSC’s corporate powers exclusively in the Board and the President.
Section 5 establishes that the governing body is the Board, chaired and co-chaired by the Chairperson of the CHED and the President of the College, respectively.
Section 7 requires the Board to convene once every three (3) months and allows a special meeting when necessary.

Board membership composition and terms

Section 5 makes Board membership include:
- (a) Chairperson of the Senate Committee on Higher, Technical and Vocational Education;
- (b) Chairperson of the House Committee on Higher and Technical Education;
- (c) Regional Director of NEDA;
- (d) Regional Director of Department of Science and Technology;
- (e) Regional Director of Department of Agriculture;
- (f) Regional Director of TESDA;
- (g) President of the faculty associations federation of the College;
- (h) President of the student councils federation of the College;
- (i) President of the alumni associations federation of the College; and
- (j) Two (2) prominent citizens from the private sector.
Section 5 requires the Board to appoint two (2) prominent citizens from a list of at least five (5) qualified persons from Lanao del Norte, based on standards set by the Board, through a search committee constituted by the President of the College in consultation with the Chairperson of the CHED and other Board members.
Section 5 fixes the term of the two (2) prominent citizens at two (2) years from the date of appointment.
Section 5 provides that the faculty, student, and alumni federation presidents serve on the Board coterminous with their terms under their constitutions and by-laws.

Board powers, fees, scholarships, audits

Section 6 empowers the Board to promulgate and implement policies aligned with state policies on education, relevant constitutional education provisions, CHED policies under Republic Act No. 7722, and TESDA policies under Republic Act No. 7796.
Section 6 requires the Board to approve curricula, instructional programs, and student discipline rules drawn by the Administrative and Academic Councils, and to appoint key personnel including vice presidents, deans, directors, campus heads, faculty members, and other officials upon the President’s recommendation.
Section 6 authorizes the Board to fix and adjust salaries subject to the Revised Compensation and Position Classification System and other budget and compensation laws, grant leaves of absence under Board regulations, and remove personnel for cause with due process.
Section 6 authorizes the Board to fix and adjust tuition fees and other school charges (including matriculation fees, graduation fees and laboratory fees) after due consultation with concerned sectors.
Section 6 declares that tuition fees and other charges, including government subsidies and other income generated by the College, constitute special trust funds deposited in an authorized government depository bank, with accrued interests forming part of the same funds for the College.
Section 6 requires fiduciary fees to be disbursed for the specific purpose for which collected.
Section 6 allows, if projects cannot be pursued for reasons beyond the College’s control, the Board to authorize use of appropriated and allocated funds for any reasonable purpose necessary and urgent to attain the College’s objectives and goals.
Section 6 requires the Board to adopt and implement a socialized scheme of tuition and other school fees for access of poor but deserving students in accordance with Republic Act No. 10931.
Section 6 empowers the Board to establish professional chairs, provide fellowships for qualified faculty, and scholarships to deserving students.
Section 6 empowers the Board to award honorary degrees and authorize certificates of completion of nondegree and nontraditional courses.
Section 6 authorizes the Board to:
- establish research and extension centers;
- develop academic arrangements and appoint consultants and visiting/exchange faculty;
- adopt modern and innovative modes of transmitting knowledge (including IT use, dual training system, open distance learning, and community laboratory);
- collaborate with other state universities and colleges within Lanao del Norte and Region X under CHED supervision and in consultation with DBM;
- absorb non-chartered tertiary institutions in Lanao del Norte and Region X as branches/extension/external centers in coordination with CHED and in consultation with DBM;
- authorize an external management audit financed by CHED subject to the rules and regulations of the Commission on Audit, and institute reforms based on audit results;
- develop linkages/consortia with LGUs and public/private local/foreign institutions;
- import books and publications;
- enter into joint ventures with business and industry for profitable development and management of economic assets, with proceeds used for College development;
- receive legacies, gifts, and donations in trust subject to donor limitations and directions;
- extend the President’s term beyond retirement age not beyond seventy (70), based on Board guidelines and only if the Board rates performance outstanding and the search committee unanimously recommends;
- delegate powers to the President and other officials;
- privatize management of nonacademic services when most advantageous to the College;
- authorize construction/repair of facilities and purchase/acquisition of real property; and
- promulgate rules and regulations necessary to carry out the College’s purposes.

Board meeting rules and Board compensation

Section 7 requires Board members to be notified in writing at least three (3) days prior to special meetings.
Section 7 sets quorum as majority of all Board members holding office at the time of the meeting.
Section 7 requires the presence of either the Chairperson of the Board or the President of the College for quorum.
Section 7 provides that if the CHED Chairperson cannot attend, a duly assigned CHED Commissioner representative shall have the rights and responsibilities of a regular member.
Section 7 provides that during the meeting the President of the College, as Vice Chairperson, presides.
Section 7 authorizes the CHED Chairperson to designate a CHED Commissioner as regular Chairperson, in which case the designated Commissioner presides.
Section 7 provides that Senate and House committee Chairpersons may designate representatives with the same rights and responsibilities as regular Board members if they cannot attend.
Section 7 provides that Board members receive no salary and are entitled only to reimbursements for actual and necessary expenses authorized by Board resolutions, subject to existing laws and regulations.

College President and key officers

Section 8 provides that the College is headed by a President appointed by the Board subject to Board guidelines and standards, based on a search committee recommendation.
Section 8 provides that the President renders full-time service with a term of four (4) years and may be reappointed to another term.
Section 8 provides that to ensure smooth transition, the incumbent President of the ICNSF, if qualified, shall serve as the first President of the College.
Section 8 requires the Board to constitute the search committee for the Presidency within six (6) months before expiration of the incumbent President’s term.
Section 8 requires the President’s salary to follow Republic Act No. 11466 (Salary Standardization Law of 2019) and amendatory laws, and be comparable to presidents of similar educational institutions.
Section 8 requires the Board to designate an Officer-in-Charge in case of vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity, and limits service to the unexpired portion of the term.
Section 8 requires the Board to appoint Vice Presidents: Vice President for Academic Affairs, Vice President for Administration, and Vice President for Research and Development, Extension, Services and Training, upon the President’s recommendation.

College Secretary and Treasurer

Section 9 requires the Board to appoint a Secretary who serves for both the Board and the College, keeps records and proceedings of Board meetings, and serves notices of Board meetings to each Board member.
Section 10 provides that the Treasurer of the Philippines shall be the ex officio Treasurer of the College.

Administrative and Academic Councils

Section 11 establishes an Administrative Council chaired by the President and composed of vice presidents, deans, directors, and officials of equal rank, tasked to review and recommend to the Board policies governing administration, management, and development planning.
Section 12 establishes an Academic Council chaired by the President and composed of all academic staff with at least the rank of assistant profession.
Section 12 gives the Academic Council authority to review and recommend curricular offerings and student discipline rules subject to Board approval.
Section 12 requires the Academic Council to fix requirements for admission, graduation, and conferment of degrees, subject to Board review and approval through the President.
Section 12 provides that the Academic Council exercises disciplinary power over students and formulates academic policies and discipline rules subject to Board approval.

Faculty rules, autonomy, and admissions

Section 13 prohibits political belief, gender preference, cultural or community affiliation, ethnic origin, and religious opinion or affiliation from being a matter of inquiry in the appointment of faculty members.
Section 13 requires faculty appointment to be subject to Board-set guidelines, qualifications, and standards.
Section 13 prohibits any faculty member from teaching for or against any particular church or religious sect.
Section 14 grants the College academic freedom and institutional autonomy under paragraph 2, Section 5 of Article XIV of the Constitution.
Section 15 requires the College to provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 15 prohibits denial of admission by reason of gender, religion, cultural or community affiliation, or ethnic origin.

Transfer of assets, lands, and personnel

Section 16 authorizes heads of national government bureaus and offices to loan or transfer apparatus, equipment, or supplies upon request of the President, and to detail employees for duty when such items/services can be spared without serious detriment to public service.
Section 16 requires detailed employees to perform duties required by the President and counts the time employed as part of their regular service.
Section 18 transfers to the College all assets, real and personal, personnel and records of the ICNSF, and its liabilities or obligations.
Section 18 requires respect for faculty members’ and personnel’s positions, rights, and security of tenure under existing laws prior to conversion.
Section 18 provides that incumbents remain in the same status until otherwise provided for by the Board.
Section 18 requires the College to upgrade or increase its human resources component as deemed appropriate by the Board.
Section 18 declares that all parcels of land belonging to the government occupied by the ICNSF and all its campuses become the property of the College and must be titled under the College’s name.
Section 18 requires that if the College ceases to exist or the lands are no longer needed, the lands revert to the concerned LGU or to the Republic of the Philippines, as the case may be.

Tax exemptions for importation and donations

Section 18 exempts the College’s importation of economic, technical and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical or cultural purposes from customs duties upon certification by the CHED, in accordance with Republic Act No. 10863.
Section 18 exempts grants, bequests, endowments, donations and contributions made to and used actually, directly and exclusively for educational purposes by the College from donor’s tax and allows them as an allowable deduction from the donor’s gross income for computing taxable income under the National Internal Revenue Code of 1997, as amended.

CHED requirements and compliance timing

Section 19 makes conversion effective only upon CHED determination and declaration based on a panel of experts’ recommendation that the institution has complied with university status requirements under CHED Memorandum Order No. 46, series of 2012.
Section 19 provides that the panel may recommend conversion when the institution has substantially complied with requirements for college status.
Section 19 requires compliance with the CHED operational requirements for a university, including:
- full-time, permanent faculty with relevant degrees and required experience;
- a comprehensive range of degree programs characterized by a core curriculum developing specified thinking and skills;
- comprehensive learning resources and support structures, including laboratories, books, and journals;
- community linkages ensuring relevant academic and extension programs and learning outcomes application; and
- outreach programs involving students in social development-oriented experiences to contextualize knowledge in actual social and human experiences.
Section 19 requires CHED through its regional office to provide technical assistance and monitor compliance.
Section 19 provides that the ICNSF keeps its status prior to effectivity until compliance is achieved.

Development plan, management audit, reporting

Section 20 requires that within one hundred twenty (120) days after the Act’s approval, the College must:
- submit a five (5)-year development plan, including program and budget, to CHED for recommendation to DBM;
- set up its organizational, administrative, and academic structure, including appointment of key officials; and
- undergo a management audit in coordination with CHED.
Section 21 requires the Board, on or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year, to file with the Office of the President through the Chairperson of CHED and with both Houses of Congress a detailed report on the College’s progress, conditions, and needs.

Charter integration, parity, appropriations, rules

Section 22 makes Republic Act No. 8292 (Higher Education Modernization Act of 1997) an integral part of the Act and part of the College’s governing charter.
Section 23 provides a parity clause that all powers, functions, privileges, responsibilities, and limitations to state universities and their officials under existing laws are deemed granted to or imposed upon the College and its officials where appropriate.
Section 24 requires that the amount necessary to carry out the Act’s provisions be included in the annual General Appropriations Act.
Section 25 requires the Board, in consultation with CHED, to formulate implementing rules and regulations within sixty (60) days from the Act’s effectivity.

Effectivity, separability, and repeal

Section 26 provides separability: if any part or provision is declared invalid or unconstitutional, the remaining parts remain in full force and effect.
Section 27 provides repeal/modification: all laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
Section 28 sets effectivity at fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.
The Act was approved on June 18, 2022 and lapsed into law on JUN 18 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.
Republic Act No. 11856 was enacted as of June 18, 2022 and published in 118 OG No. 27, 7727 (July 4, 2022).