Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. The present Mati Community College located in the Municipality of Mati, Province of Davao Oriental, is hereby converted into a state college to be known as the Davao Oriental State College of Science and Technology, hereinafter referred to as the State College.

SEC. 2. The State College shall primarily provide higher technological, professional, and vocational instruction and training in science, agriculture, fishery, forestry, engineering and industrial fields, as well as short-term technical or vocational courses. It shall also promote research, advanced studies and progressive leadership in its areas of specialization.

SEC. 3. In addition to its present curricular offerings, the State College shall offer undergraduate and graduate courses in the fields of science, agriculture, fishery, forestry and engineering as the Board of Trustees may deem necessary. It shall  also offer short-term technical or vocational courses, provide non-formal education and undertake vigorous extension and research programs in food production, nutrition, health and sports development.

SEC. 4. No student shall be denied admission to the State College by reason of sex, ethnic considerations, or religious belief or affiliation.

SEC. 5. The head of the State College shall be known as the President of the Davao Oriental State College of Science and Technology who shall be appointed by the Board of Trustees. He 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 by reason of death, resignation, removal for cause or incapacity of the President to perform the functions of his office, the Board shall have the authority to designate an officer-in-charge of the State College pending the appointment of a new President.

In case of vacancy in the Office of the President as mentioned in the immediately preceding paragraph, his successor shall hold office for the unexpired term but in no case shall his term be more than six (6) years.

His salary shall be fixed by the Board of Trustees comparable to that being received by the President of similar educational institutions of like enrollment and standing.

The powers and duties of the President of the State College, in addition to those specifically provided for in this Act, shall be those usually pertaining to the office of the president of a state college or university.

SEC. 6. The governing board of the State College shall be the Board of Trustees of the Davao Oriental State College of Science and Technology. It shall be composed of the following:

Secretary of Education, Culture and Sports, Chairman
President of the State College, Vice-Chairman
Chairman of the Committee on Education of the Senate, member
Chairman of the Committee on Education of the House of Representatives, member
Representative of the National Economic and Development Authority, member
Representative of the faculty association of the State College, member
Representative of the supreme student council of the State College, member
Representative of the alumni association of the State College, member
Representative of the employee association of the State College, member

Two (2) prominent citizens who have distinguished themselves in their professions or fields of specialization of the State College chosen from among those qualified in the city or province where the school is located, members: Provided, That the representatives of the alumni association and of the employee association as well as the two (2) prominent citizens shall be elected by the Board when deemed necessary who shall have the same powers, authority and privileges as the regular members of the Board: Provided, further, That the DECS Secretary, the President of the State College, the Education Committee Chairmen of the Senate and the House, and the NEDA representative shall have ex officio term of office, while the representatives of the faculty association, supreme student council and when deemed necessary the representatives of the alumni association and employee association shall serve for one (1) year and when necessary the two (2) prominent citizens shall serve for four (4) years and two (2) years, respectively.

SEC. 7. A quorum of the Board of Trustees shall consist of a majority of all members holding office at the time a meeting is called: Provided, however, That among those present is the Secretary of Education, Culture and Sports who shall be Chairman of the Board, or the President of the State College who shall act as presiding officer in the former's absence. The Board of Trustees shall convene regularly once every two (2) months. The Chairman of the Board of Trustees may call a special meeting whenever necessary. All processes against the Board of Trustees shall be served on the President or the Secretary thereof.

SEC. 8. The members of the Board of Trustees shall be entitled to an allowance of not less than One hundred pesos (P100.00) per meeting actually attended and they shall be reimbursed for actual and necessary expenses incurred either in attendance upon meetings of the Board or upon their official business authorized by resolution of the Board.

SEC. 9. The Board of Trustees shall have the following powers and duties in addition to its general powers of administration and shall exercise all the powers of a corporation as provided in Section Thirteen of Republic Act Numbered Fourteen hundred fifty-nine, as amended, otherwise known as the Corporation Law:

1. To receive and appropriate for the purpose specified by law such sums as may be provided for the support of the State College;
   
2. To confer degrees upon successful candidates for graduation of the State College. It may also confer honorary degrees upon persons in recognition of learning, statesmanship or eminence in any of the fields of specialization of the State College, or in recognition of public service: Provided, That such degrees shall not be conferred in consideration of or to reciprocate some personal favor;
   
3. To authorize the President of the State College to award proficiency certificates or diplomas to students who have completed nondegree courses;
   
4. To appoint on recommendation of the President of the State College, a vice-president, deans, directors, secretary of the State College, registrar, heads of departments, professors, instructors, lecturers and other officials and employees of the State College; to fix their compensations, hours of service, and such other duties and conditions as it may deem proper; to grant to them, in its discretion, leaves of absence and to remove them for cause after due investigation and hearing; to establish chairs in the State College and to provide for the maintenance or endorsement of such chairs as may be necessary;
   
5. To approve the curricula and rules of discipline drawn by the College Council as hereinafter provided;
   
6. To fix tuition fees, matriculation fees, graduation fees, laboratory fees, and such special fees as will constitute a special trust fund for the State College;
   
7. To provide fellowships for qualified faculty members and scholarships and/or part-time job opportunities to deserving students, especially the underprivileged, that is, those from the low-income families;
   
8. To provide vocational training to adult citizens and out-of-school youth;
   
9. To prescribe rules for its own governance and to enact for the government of the State College such rules and regulations, not contrary to law, as may be necessary to carry out the purposes and functions of the State College;
   
10. To receive in trust legacies, gifts, and donations of real and personal property of all kinds, to administer the same for the benefit of the State College, or a department thereof, or for aid to any student or students, in accordance with the directions or instructions of the donor and, in default thereof, in such manner as the Board of Trustees may in its discretion determine. All such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donors;
    
11. To import duty-free commodities for educational purposes in accordance with existing laws;
    
12. To print technical and educational materials in any printing establishment in accordance with existing rules and regulations;
    
13. To authorize the State College to acquire sites or campuses, undertake the construction and/or repair of its buildings and other farm structures, land developments, machinery and equipment, and other facilities: Provided, That the funds for the purpose shall come from its appropriations; and
    
14. To establish branches or extensions within the Province of Davao Oriental where there is no existing school offering similar programs or courses: Provided, That the funds for the purpose shall be charged to its appropriations.
    

SEC. 10. The assets, acquisitions, income and operations and transactions of the State College shall be exempt from any and all taxes imposed by the government or any of its political subdivisions or taxing authority thereof.

SEC. 11. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board of Trustees 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 setting forth the progress, conditions and needs of the State College.

SEC. 12. There shall be a College Council consisting of the President of the State College and all the members of the faculty with the rank of dean, professor, associate professor and assistant professor. The Council shall have the power to prescribe the curricula and rules of discipline subject to the approval of the Board of Trustees. It shall fix the requirements for admission to the State College as well as for graduation and the conferring of degrees subject to review by the Board of Trustees. The Council alone shall have the power to recommend students or others to be recipients of degrees. Through the President of the State College or its duly authorized committee, the Council shall have disciplinary power over the students within the limits prescribed by the rules of discipline.

SEC. 13. The body of instructors and professors of the State College shall constitute the faculty of the State College.

No member of the faculty of the State College shall attempt, directly or indirectly, under penalty of dismissal by the Board of Trustees, to influence students or any person in the State College towards any ideology, political or otherwise, which preaches the overthrow of the government through violence or subversion.

SEC. 14. Except for the President of the State College, all employees of the State College shall be subject to the rules of the civil service. Highly technical positions may be exempt from civil service eligibility upon approval of the Board as recommended by the President: Provided, however, That all shall be entitled to the privileges and rights of security of tenure, promotions in positions and salaries for meritorious service, leaves and retirement benefits as provided for by law in the government service.

SEC. 15. There shall be a Secretary of the State College who shall be appointed by the Board of Trustees upon recommendation of the President of the State College. He shall also be the Secretary of the Board and shall keep such records of the State College as
may be determined by the Board of Trustees.

SEC. 16. The Treasurer of the Philippines shall be ex officio treasurer of the State College and all accounts and expenses therefor shall be audited by the Commission on Audit or its duly authorized representatives.

SEC. 17. The heads of bureaus and offices of the National Government are hereby authorized to loan or transfer, upon request of the President of the State College, such apparatus, equipment or supplies as may be needed by the State 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 the services of such employees can be spared without serious detriment to public service. Employees so detailed shall perform such duty as required under such detail and the time so employed shall be counted as part of the regular official service.

SEC. 18. All assets, whether fixed or movable, records and personnel, obligations, monies and appropriations of the Mati Community College are hereby transferred to the Davao Oriental State College of Science and Technology: Provided, however, That the positions, rights and security of tenure of personnel therein employed under existing laws prior to the absorption by the State College shall not be impaired: Provided, further, That the present faculty members as well as all the other personnel thereof who are recommended by the President of the State College shall be reappointed to their respective positions. Salaries of these personnel shall be adjusted at the discretion of the Board of Trustees within the amounts available for appropriation.

SEC. 19. In addition to the current appropriations of the Mati Community College, the amount needed to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

SEC. 20. The Secretary of Education, Culture and Sports is hereby directed to take steps as are necessary for the immediate implementation of this Act.

SEC. 21. All laws, decrees, executive orders contrary to or inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

SEC. 22. This Act shall take effect upon its approval.

Approved,

(Sgd.) JOVITO R. SALONGA	(Sgd.) RAMON V. MITRA
President of the Senate	Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on September 26, 1989 and September 22, 1989, respectively.

(Sgd.) EDWIN P. ACOBA	(Sgd.) QUIRINO D. ABAD SANTOS, JR.
Secretary of the Senate	Secretary of the House of Representatives

 Approved: December 13, 1989