H. No. 34333 / 88 OG No. 10, 1281 (Mar. 9, 1992)

[ REPUBLIC ACT NO. 7182, January 17, 1992 ]

AN ACT CONVERTING THE MOUNTAIN PROVINCE COMMUNITY COLLEGE IN THE MUNICIPALITY OF BONTOC, MOUNTAIN PROVINCE, INTO A STATE COLLEGE TO BE KNOWN AS THE MOUNTAIN PROVINCE STATE POLYTECHNIC COLLEGE, INTEGRATING THEREWITH THE TADIAN SCHOOL OF ARTS AND TRADES IN THE MUNICIPALITY OF TADIAN, THE BACARRI AGRICULTURAL HIGH SCHOOL IN THE MUNICIPALITY OF PARACELIS, AND THE EASTERN BONTOC NATIONAL AGRICULTURAL SCHOOL IN THE MUNICIPALITY OF BARLIG, ALL IN THE MOUNTAIN PROVINCE, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. The Mountain Province Community College located in the Municipality of Bontoc in Mountain Province is hereby converted into a state college to be known as the Mountain Province State Polytechnic College, hereinafter referred to as the College, and integrating therewith as its branches the Tadian School of Arts and Trades located in the Municipality of Tadian, Mountain Province, which shall be its College of Engineering; the Bacarri Agricultural High School located in the Municipality of Paracelis, Mountain Province, which shall be its College of Agriculture; and the Eastern Bontoc National Agricultural School located in the Municipality of Barlig, Mountain Province, which shall be its College of Forestry.SEC. 2. The College shall primarily provide higher professional, technical and special instructions for special purposes and promote research and extension services, advanced studies and progressive leadership in agriculture, education, forestry, engineering, arts, sciences, humanities, and other fields as may be relevant.SEC. 3. The College shall offer undergraduate and graduate courses in the fields of agriculture, education, forestry, engineering, arts, sciences, humanities, and other allied degree courses as the Board of Trustees may deem necessary to carry out its objectives.  It shall also offer opportunity in short-term technical or vocational courses within its areas of specialization to meet the needs of the nation.SEC. 4. The existing high schools shall be transferred under the supervision of the Department of Education, Culture and Sports:  Provided, That these high schools shall be allowed to remain and operate within the campuses of the College until they shall have been transferred to other locations.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 in the Board of Trustees and 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:Secretary of Education, Culture and Sports, ChairmanPresident of the College, Vice-ChairmanChairman of the Committee on Education of the Senate, memberChairman of the Committee on Education of the House of Representatives, memberRepresentative of the National Economic and Development Authority, memberPresident of the Federation of Faculty Associations of the College, memberPresident of the Federation of Supreme Student Councils of the College, memberIn addition, the Board may elect, when deemed necessary, the following as members:The President of the Federation of Alumni Associations of the CollegePresident of the Federation of Employees Associations of the CollegeTwo (2) prominent citizens who have distinguished themselves in their professions or Fields of specialization of the College, chosen from among those qualified in Mountain Province.The President of the Federation of Alumni Associations and of the Federation of Employees Associations as well as the two (2) prominent citizens so elected by the Board shall have the same powers, authority and privileges as the regular members of the Board.The Secretary of Education, Culture and Sports, the President of the College, the Education Committee Chairmen of the Senate and the House, and the representative of the National Economic and Development Authority shall have ex officio terms of office, while the Presidents of the Federation of Faculty Associations, Federation of Student Councils and, when deemed necessary, the Presidents of the Federation of Alumni Associations and the Federation of Employees Associations shall serve for one (1) year and, when likewise necessary, the two (2) prominent citizens shall serve for four (4) years and two (2) years, respectively.For the purpose of the provision of this section, the faculty, the alumni, and the employees associations and the student councils in each campus of the College shall organize their respective federations.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:

1. To enact rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the College;
2. To receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose of the same when necessary for the benefit of the College and subject to the limitations, directions and instructions of the donor, if any;
3. 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;
4. 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;
5. 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;
6. To improve the curricula, institutional programs and rules of discipline drawn by the Administrative and Academic Councils as herein provided;
7. To confer degrees upon successful candidates for graduation, to award honorary degrees upon persons in recognition of their 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 certificates for completion of nondegree and nontraditional courses;
8. To establish branches in Mountain Province, if 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 educational opportunities as mandated by the Constitution; and
9. 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 are the Secretary of Education, Culture and Sports who is 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 a resolution of the Board subject to existing laws on honoraria and allowances.SEC. 10. The College shall be headed by a President to be elected by the Board and shall hold office for a term of six (6) years without 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 six (6) years subject to the provisions of the provisions of the preceding paragraph.The powers and duties 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.SEC. 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.SEC. 12. There shall be an Administrative Council consisting of the President of the College as Chairman, the vice-presidents, 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.SEC. 13. There shall be an Academic Council with the President of the College as Chairman and all members of the instructional staff with the rank of not lower than assistant professor as members.  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 over the students through the President within the limits prescribed by the rules of discipline as approved by the Board.SEC. 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 Colleges as may be determined by the Board.SEC. 15. The Treasurer of the Philippines shall be the ex officio treasurer of the College.SEC. 16. The members of the faculty of the College shall be exempt from any civil service examination or regulation as a requisite for appointment.  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.SEC. 17. No student shall be denied admission to the College by reason of sex, nationality, religion, or political affiliation.SEC. 18. The College shall enjoy academic freedom.SEC. 19. The incumbent President of the Mountain Province Community College, if qualified under the rules and regulations of the Department of Education, Culture and Sports, 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 Secretary of Education, Culture and Sports and to both Houses of Congress, a detailed report on the progress, conditions and needs of the College.SEC. 21. All the assets, fixed and movable, personnel and records of the Mountain Province Community College, the Tadian School of Arts and Trades, the Bacarri Agricultural High School and the Eastern Bontoc National Agricultural School, except those belonging to or to be used by the high schools, as well as liabilities or obligations, are hereby transferred to the College:  Provided, however, That the positions, rights, and security of tenure of 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 Mountain Province Community College, the Tadian School of Arts and Trades, the Bacarri Agricultural High School and the Eastern Bontoc National Agricultural School are hereby declared to be the property of the Mountain Province State Polytechnic College and shall be titled under that name:  Provided, That should the College cease to exist or be abolished and should such parcels of land aforementioned be no longer needed by the College, the same shall revert to the Mountain Province.SEC. 22. All accounts and expenses of the College shall be audited by the Commission on Audit or its duly authorized representative.SEC. 23. Heads of bureaus and offices of the National Government 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.  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 official 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 programs can contribute largely and effectively to the attainment of its objectives:  Provided, however, That in case of integration, the Secretary of Education, Culture and Sports is hereby authorized to determine and approve the specific existing national schools that are to be integrated as part of the Mountain Province State Polytechnic College.  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 appropriations for the Mountain Province Community College, the Tadian School of Arts and Trades, the Bacarri Agricultural High School and the Eastern Bontoc National Agricultural School, except the sum necessary to continue the operation of the existing high schools, are hereby transferred to the College.  Thereafter, such amount as may be necessary for the continued operation and maintenance of the College shall be included in the 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 upon its approval.Approved,

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on September 4, 1991 and December 9, 1991, respectively.

Approved: January 17, 1992CORAZON C. AQUINOPresident of the Philippines

Source: Supreme Court E-Library