Conversion of SPAMAST-Digos into State College

Mandate and academic programs

The College primarily provides advance instruction and professional training in education, agriculture, engineering and technology, agribusiness, information technology, and other related fields of study.
The College undertakes research, extension services, and production activities in support of the socioeconomic development of Davao del Sur and provides progressive leadership in its areas of specialization.
The College offers undergraduate and graduate courses in education, agriculture, engineering and technology, agribusiness, information technology, and other degree courses within its areas of specialization and according to its capabilities.
The Board of Trustees determines curricular offerings “as may be necessary” to carry out the College’s objectives and to meet the needs of the Province of Davao del Sur.

Corporate powers and governance structure

The College has the general powers of a corporation under Batas Pambansa Blg. 68, as amended (the Corporation Code of the Philippines).
Administration and corporate powers are vested exclusively in the Board of Trustees and the President of the College.
The governing board is the Board of Trustees, with these members:
- (a) Chairperson of the Commission on Higher Education (CHED) as Chairperson;
- (b) President of the College as Vice Chairperson;
- (c) Chairperson of the Senate Committee on Education, Arts and Culture as member;
- (d) Chairperson of the House Committee on Higher and Technical Education as member;
- (e) Regional Director of NEDA as member;
- (f) Regional Director of the Department of Science and Technology as member;
- (g) Regional Director of the Department of Agriculture as member;
- (h) President of the faculty association of the College as member;
- (i) President of the student council of the College as member;
- (j) President of the alumni association of the College as member; and
- (k) Two (2) prominent citizens from the private sector who distinguished themselves in their profession or fields of specialization.
The Board appoints the two (2) prominent citizens from a list of at least five (5) qualified persons in Davao del Sur, as recommended by a search committee constituted by the College President, in consultation with the CHED Chairperson and the other Board members.
The faculty association, student council, and alumni association presidents serve on the Board only for the duration of their terms of office under their constitutions and bylaws.
The two (2) prominent citizens serve for a term of two (2) years from the date of appointment.

Board policies, powers, and special functions

The Board promulgates and implements policies consistent with state policies on education and relevant constitutional provisions on education, agriculture, science and technology, and consistent with CHED policies, standards, and thrusts under Republic Act No. 7722 (Higher Education Act of 1994).
The Board has specific powers and duties, including:
- (a) Promulgating rules and regulations not contrary to law to carry out the College’s purposes and functions.
- (b) Receiving and appropriating sums provided for support of the College, in the Board’s discretion, to carry out College purposes and functions.
- (c) Importing duty-free economic, technical, and cultural books/publications, machineries, and equipment upon CHED certification that the importation is for specified educational/cultural purposes in accordance with the Tariff and Customs Code of the Philippines, as amended.
- (d) Receiving in trust legacies, gifts, and donations of real and personal properties and administering/disposal when necessary for the College’s benefit, subject to donor limitations and instructions.
- (e) Fixing tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultations with involved sectors.
- (f) Adopting and implementing a socialized scheme of tuition and other school fees for greater access for poor but deserving students under Republic Act No. 10931 (Universal Access to Quality Tertiary Education Act).
- (g) Authorizing construction or repair of buildings, machinery, equipment, and other facilities; and authorizing purchase/acquisition of real property and necessary supplies/materials/equipment.
- (h) Appointing vice presidents, deans, directors, heads of campuses, faculty members, and other officials and employees upon the recommendation of the President of the College.
- (i) Fixing and adjusting salaries of faculty and administrative personnel subject to the Revised Compensation and Position Classification System and other budget/compensation laws; granting leaves of absence; and removing personnel for cause in accordance with due process.
- (j) Approving curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
- (k) Setting policies on admission and graduation of students.
- (l) Awarding honorary degrees and authorizing certificates of completion of nondegree and nontraditional courses.
- (m) Establishing and absorbing non-chartered tertiary institutions within Davao del Sur as branches/centers in coordination with CHED, and in consultation with DBM, to promote equal access to educational opportunities.
- (n) Establishing research and extension centers that promote development of the College.
- (o) Establishing professorial chairs, and providing fellowships for qualified faculty members and scholarships to deserving students.
- (p) Delegating any powers and duties to the President or other officials to expedite administration.
- (q) Authorizing an external management audit and instituting reforms based on audit results and recommendations.
- (r) Collaborating with governing boards of other SUCs within Davao del Sur and Region XI, under CHED supervision and in consultation with DBM, toward restructuring to improve efficiency, relevance, productivity, and competitiveness.
- (s) Entering 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.
- (t) Developing consortia and other economic forms of linkages with LGUs, institutions, and agencies (public/private; local/foreign) for College purposes and objectives.
- (u) Developing academic arrangements for institutional capability building and appointing experts/specialists as consultants or part-time/visiting/exchange professors, scholars, or researchers.
- (v) Setting up adoption of modern/innovative knowledge-transmission modes, including information technology, dual training system, open distance learning, and community laboratory.
- (w) Establishing policy guidelines and procedures for participative decision-making and transparency.
- (x) Privatizing (when most advantageous) management of nonacademic services such as health, food, building/grounds or property maintenance and similar activities.
- (y) Extending the term of the President whose performance has been unanimously rated by the Board as outstanding beyond the age of retirement, but not beyond seventy (70), based on guidelines/standards set by the Board after unanimous recommendation by the search committee.

Board meetings and quorum rules

The Board convenes at least once every quarter.
The Board Chairperson may call up to two (2) special meetings upon three (3) days' prior written notice when necessary.
A quorum is the majority of all members holding office at the time of the meeting, and the Chairperson of the CHED or the President of the College must be present.
In the absence of the CHED Chairperson, a duly designated CHED Commissioner represents the CHED Chairperson and has all rights and responsibilities of a regular member.
During CHED-representation meetings, the President of the College (Vice Chairperson) acts as Presiding Officer.
The CHED Chairperson may designate a CHED Commissioner to act as regular Chairperson, in which case that Commissioner acts as Presiding Officer.
If Senate or House education committee Chairpersons cannot attend, they may designate representatives with the same rights and responsibilities as regular Board members.
Board members receive no salary, but are entitled to reimbursements for actual and necessary expenses incurred for meetings or other official business authorized by Board resolution, subject to existing laws and regulations.

President and campus leadership

The College is headed by a President who renders full-time service.
The Board appoints the President subject to Board guidelines, qualifications, and standards upon recommendation of a duly constituted search committee.
The President serves for a term of four (4) years and is eligible for reappointment for another term.
Within six (6) months from effectivity, the Board constitutes the Search Committee for the Presidency (SCP).
If the Office of the President becomes vacant, the successor serves only the unexpired portion of the term.
The President’s additional powers and duties are those usually pertaining to the office of Presidents of similar state colleges and those delegated by the Board.
The President’s salary follows the Revised Compensation and Position Classification System and is comparable to salaries of presidents of similar educational institutions.
The President is assisted by a Vice President for Academic Affairs and a Vice President for Administration, appointed by the Board upon the President’s recommendation.
A Campus Director heads each campus, renders full-time service, and is appointed by the Board upon recommendation of the search committee and the President, subject to Board guidelines, qualifications, and standards.

Academic and administrative councils

An Administrative Council consists of the President as Chairperson, and the vice presidents, deans, directors, and other officials of equal rank as members, and it reviews and recommends to the Board policies governing administration, management, and development planning.
An Academic Council consists of the President as Chairperson and all academic staff with rank of at least an assistant professor.
The Academic Council reviews and recommends curricular offerings and rules of discipline to the Board (subject to Board approval).
The Academic Council fixes admission requirements, graduation requirements, and degree conferment requirements, subject to Board review and approval through the President of the College.
The Academic Council has disciplinary power over students and formulates academic policies and rules on discipline, subject to Board approval.

College officers and records; faculty and students

The Board appoints a Secretary who serves for both the Board and the College, keeps all records and proceedings of the Board, and serves notices of Board meetings to each member.
The Treasurer of the Philippines is the ex officio treasurer of the College.
Faculty appointment cannot inquire into political belief, gender preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation.
Faculty teaching is prohibited from being for or against any particular church or religious sect.
The College provides a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
Admission cannot be denied on the basis of sex, religion, cultural or community affiliation, or ethnic origin.
The College enjoys academic freedom and institutional autonomy under Article XIV, Section 5, paragraph 2 of the Constitution.
The College provides scholarship and affirmative action assistance for access to education for poor but deserving students.

Authority to borrow assets and detail personnel

Heads of national government bureaus and offices are authorized, upon request of the President, to loan or transfer apparatus, equipment, or supplies needed by the College, and to detail employees for duty when the head judges the items/services can be spared without serious detriment to public service.
Detailed employees perform duties required by the President, and the time employed is counted as part of their regular services.

Tax exemptions and permitted income treatment

The College’s revenues and assets used exclusively and solely for educational purposes or in furtherance thereof are exempt from all taxes and duties.
Grants, bequests, endowments, donations, and contributions made to the College for actual, direct, and exclusive use by the College are exempt from donor’s tax and are allowable deductions from the donor’s gross income under the National Internal Revenue Code of 1997.
Importation of qualifying economic, technical, and cultural books/publications for specified purposes made by the College upon CHED certification is exempt from customs duties under Republic Act No. 10863 (Customs Modernization and Tariff Act).
The College is exempt from value-added tax as provided in Section 109(l)(h) of the National Internal Revenue Code of 1997.
Educational monetary awards are exempt from income tax as prescribed in Section 32(B)(7)(c) of the National Internal Revenue Code of 1997.
Tuition fees and other charges (including government subsidies and other income generated by the College) are treated as special trust funds deposited in an authorized government depository bank, with interest income forming part of the same funds for the College’s use.
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.
Fiduciary fees must be disbursed for the specific purposes for which collected; if the College cannot pursue an appropriated and allocated project for reasons beyond its control, the Board may authorize use of the funds for any reasonable purpose necessary and urgent to attain the College’s objectives and goals.

Asset transfer, personnel security, and land title

Assets, real and personal, personnel, and records of the following units are transferred to the College:
- SPAMAST-Digos City Campus
- SPAMAST Laboratory and Production Campus in Matanao
- SPAMAST Extension Classes in Barangay Kapatagan, Digos City
- SPAMAST Extension Campus in Sulop
Existing liabilities and obligations of these units are transferred to the College.
Faculty members and personnel employed under existing laws prior to conversion are respected in terms of their positions, rights, and security of tenure.
Resources and assets are divided while maintaining compliance with policies, standards, and guidelines in all programs having Certificate of Program Compliance (COPC) and the present level of program accreditation.
Administrative positions created under the SPAMAST under Batas Pambansa Blg. 651 are retained in the SPAMAST.
Administrative positions for the College are created.
Parcels of government land occupied by SPAMAST-Digos City Campus are declared property of the College and must be titled under the College’s name.
If the College ceases to exist, is abolished, or if the titled parcels are no longer needed, the parcels revert to the local government.

Implementation timeline and CHED compliance

Within one hundred twenty (120) days after approval, the College must:
- Submit a five (5)-year development plan including the corresponding program budget to CHED for recommendation to DBM.
- Undergo a management audit in cooperation with CHED.
- Set up the College’s organizational, administrative, and academic structure, including appointment of key officials.
Establishment or conversion into a state college becomes effective only upon CHED determination and declaration (based on a panel of experts’ recommendation) that the institution has complied with requirements for college status.
CHED, through its regional office, regularly provides technical assistance and monitors compliance.
CHED designates a panel of experts to recommend to the CHED Chairperson whether requirements for college status have been complied with, based on CHED Memorandum Order No. 46, series of 2012.
The institution retains its status prior to effectivity until it complies with the CHED requirements.

Supplementary charter, parity, appropriations, rules

Republic Act No. 8292 (Higher Education Modernization Act of 1997) forms an integral part of this Act and serves as part of the College’s Governing Charter.
The College and its officials are treated as having all other powers, functions, privileges, responsibilities, and limitations of SUCs under existing laws whenever appropriate.
The amount necessary to carry out the Act is charged against the current year’s appropriations of the SPAMAST-Digos City Campus.
Thereafter, sums necessary for continued operation and maintenance are included in the annual General Appropriations Act.
The Board, in consultation with CHED, formulates guidelines to implement the Act within sixty (60) days from effectivity.

Separation, repeals, and effectivity

If any part or provision of the Act is declared invalid or unconstitutional, the remaining parts not affected remain in full force and effect.
All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
The Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.

Promulgation details

The Act is designated Republic Act No. 11220 and is titled “Conversion of SPAMAST-Digos into State College.”
The Act is approved on February 21, 2019 and took effect after publication rules under Section 29.
The Act was passed by the House of Representatives on December 5, 2018 and by the Senate on January 14, 2019.