AN ACT CONVERTING THE PAMPANGA AGRICULTURAL COLLEGE (PAC) IN THE MUNICIPALITY OF MAGALANG, PROVINCE OF PAMPANGA INTO A STATE UNIVERSITY TO BE KNOWN AS THE PAMPANGA STATE AGRICULTURAL UNIVERSITY AND APPROPRIATING FUNDS THEREFOR

Fifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10605

AN ACT CONVERTING THE PAMPANGA AGRICULTURAL COLLEGE (PAC) IN THE MUNICIPALITY OF MAGALANG, PROVINCE OF PAMPANGA INTO A STATE UNIVERSITY TO BE KNOWN AS THE PAMPANGA STATE AGRICULTURAL UNIVERSITY AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Conversion. – The Pampanga Agricultural College (PAC) in the Municipality of Magalang, Province of Pampanga is hereby converted into a state university to be known as the Pampanga State Agricultural University, hereinafter referred to as the University.

Section 2. General Mandate. – The University shall primarily provide advanced education, higher technological, professional instruction and training in the fields of agriculture, arts and sciences, teacher education, industrial technology and engineering, information technology, business management and accountancy, nontraditional courses and other relevant fields of study. It shall also undertake research, extension services and production activities in support of the development of the Province of Pampanga and provide progressive leadership in its areas of specialization.

Section 3. Academic Freedom and Institutional Autonomy. – The University shall enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5 of .

Section 4. Curricular Offerings. – The University shall offer undergraduate and graduate courses in the fields of agriculture, arts and sciences, teacher education, industrial technology and engineering, information technology, business management and accountancy, tourism, health services and other courses within its areas of specialization and according to its capabilities as the Board of Regents may deem necessary to carry out its objectives, particularly in meeting the needs of the Province of Pampanga and Region III.

The University may operate a reasonably-sized laboratory school under its College of Education.

Section 5. Administration. – The University shall have the general powers of a corporation set forth in , as amended, otherwise known as "The Corporation Code of the Philippines". The administration of the University and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the President of the University.

Section 6. The Governing Board. – The governing board of the University shall be the Board of Regents, hereinafter referred to as the Board, which shall be composed of the following:

The Board shall appoint the two (2) prominent citizens from among a list of at least five (5) qualified persons in the Province of Pampanga, as recommended by the search committee constituted by the University President, in consultation with the Chairperson of the CHED and the other members of the Board, based on the normal standards and qualifications for the position.

The term of office of the President of the federation of faculty associations, the President of the federation of student councils and the President of the federation of alumni associations shall be coterminous with their respective terms of office, as set forth in their respective constitutions and bylaws.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of appointment.

Section 7. Powers and Duties of the Board of Regents. – 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:

Section 8. Meetings of the Board. – The Board shall regularly convene once every three (3) months. Whenever necessary, the Chairperson of the Board may call, upon three (3) days’ prior written notice, a maximum of two (2) special meetings within the same period.

A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting: Provided, however, That the Chairperson of the Board or the President of the University is among those present in the meeting.

In one’s absence, the Chairperson of the CHED shall designate a Commissioner of the CHED as representative in the meeting with all the rights and responsibilities of a regular member: Provided, however, That during this meeting, the President of the University as Vice Chairperson shall be the Presiding Officer: Provided, further, That this proviso notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chair of the Board, in which case said CHED Commissioner shall act as the Presiding Officer.

In case the Chairpersons of the Congressional Committees on Education shall not be able to attend the Board meeting, they may duly designate their respective representatives to attend the said meeting, who shall have the same rights and responsibilities as a regular member of the Board.

The members of the Board shall not receive any salary but shall be entitled to reimbursements for actual and necessary expenses incurred, either in their attendance to meetings of the Board or in connection with other official business authorized by resolution of the Board, subject to existing laws and regulations.

Section 9. The University President. – The University shall be headed by a President, who shall render full-time service and who shall be appointed by the Board, subject to the guidelines, qualifications and standards set by the Board, upon recommendation of a duly constituted search committee. The University President shall have a term of four (4) years and shall be eligible for reappointment for another term: Provided, That in order to effect a smooth transition to a state university, the incumbent President of the PAC shall serve as the first President of the University.

Within six (6) months before the expiration of the term of office of the incumbent President of the University, the Board shall constitute the Search Committee for the Presidency (SCP).

In case of vacancy in the Office of the President by reason of death, compulsory retirement, resignation, removal for cause or incapacity of the President to perform the functions of the office, the Board shall designate an Officer-in-Charge of the University within six (6) months from the date of vacancy, pending the appointment of a new President. The successor or the Officer-in-Charge shall serve only the unexpired portion of the term.

The powers and duties of the President of the University, in addition to those specifically provided in this Act, shall be those usually pertaining to the Office of the President of similar universities, and those delegated by the Board.

The salary of the President of the University shall be in accordance with the Revised Compensation and Position Classification System and shall be comparable to that being received by the Presidents of similar educational institutions.

The President of the University shall be assisted by a Vice President for Academic Affairs and a Vice President for Finance and Administration who shall be appointed by the Board upon recommendation of the President.

Section 10. The Secretary of the University. – The Board shall appoint a Secretary, who shall serve as such for both the Board and the University and shall keep all records and proceedings of the Board. The Secretary of the University shall serve upon each member of the Board the appropriate notice of the Board meetings.

Section 11. The Treasurer of the University. – The Treasurer of the Philippines shall be the ex officio Treasurer of the University.

Section 12. The Administrative Council. – There shall be an Administrative Council consisting of the President of the University as Chairperson, Vice Presidents, deans, directors and other officials of equal rank as members, whose duty is to review and recommend to the Board the policies governing the administration, management and development planning of the University.

Section 13. The Academic Council. – There shall be an Academic Council to be composed of the President of the University, who shall act as Chairperson, and all academic staff with the rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular offerings and rules of discipline of the University, subject to the approval of the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject to review and approval by the Board through the President of the University. It shall have the disciplinary power over students of the University and shall formulate academic policies and rules and regulations on discipline, subject to the approval of the Board.

Section 14. The Faculty. – No political beliefs, gender preference, cultural or community affiliation or ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the University: Provided, That said appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That no member of the faculty shall teach for or against any particular church or religious sect.

Section 15. Scholarship Program / Admission. – The University shall provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission to the University.

No student shall be denied admission to the University by reason of sex, religion, cultural or community affiliation or ethnic origin.

Section 16. Authority to Loan or Transfer Apparatus / Equipment / Supplies and Detail of Personnel. – The heads of the bureaus and offices of the national government are hereby authorized to loan or transfer, upon the request of the President of the University, such apparatus, equipment or supplies as may be needed by the University, 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 public service.

The employees so detailed shall perform such duties as required of them by the President of the University, and the time so employed shall be counted as part of their regular services.

Section 17. Assets, Liabilities and Personnel. – All assets, real and personal, personnel and records of the PAC, as well as liabilities or obligations, are hereby transferred to the University. The positions, rights and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into a University shall be respected.

All parcels of land belonging to the government occupied by the PAC are hereby declared to be property of the University and shall be titled under that name: Provided, That should the University cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the University, the same shall revert to the LGU concerned or the Republic of the Philippines, as the case may be.

Section 18. Tax Exemption on Importation and Donations. – The importation of economic, technical and cultural books and/or publications, which is for economic, technical, vocational, scientific, philosophical, historical or cultural purposes made by the University upon certification by the CHED shall be exempt from customs duties in accordance with the provisions of the , as amended.

Donations in any form to the University shall be exempt from the donor’s tax and the same shall be considered as allowable deduction from the gross income in the computation of the income tax of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

Section 19. Appropriations. – The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the PAC except the sums needed for the continued operation of the existing high school. Thereafter, such sums as may be necessary for the continued operation and maintenance of the University shall be included in the annual General Appropriations Act.

Section 20. Development Plan, Management Audit, Organizational / Administrative / Academic Structure. – Within the period of one hundred twenty (120) days after the approval of this Act, the University shall accomplish the following:

Section 21. Filing of Report. – On or before the fifteenth (15) day of the second (2) month after the opening of the regular classes each year, the Board shall file with the Office of the President of the Philippines, through the Chairperson of the CHED, and with both Houses of Congress, a detailed report on the progress, conditions and needs of the University.

Section 22. Suppletory Application. – The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997″, shall be an integral part of this Act and shall serve as part of the Governing Charter of the University.

Section 23. Compliance with CHED Requirements. – The provisions of this Act notwithstanding, the establishment or conversion of the institution into a state university shall become effective only upon the determination and declaration by the CHED, based on the recommendation of a panel of experts, that the institution has complied with the requirements for a university status. The CHED, through its regional office, shall regularly provide technical assistance to the institution and monitor compliance with the requirements of the Commission.

The CHED shall designate a panel of experts who shall prepare a recommendation to the Chairperson of the CHED, on whether the institution has substantially complied with the requirements for the grant of university status.

The following are the operational requirements for a university:

The institution shall retain its status prior to the effectivity of this Act, unless in the meantime it is able to comply with the requirements provided herein, within a period not exceeding January 1, 2016.

Section 24. Parity Clause. – All other powers, functions and privileges, responsibilities and limitations to state universities and their officials under existing laws shall be deemed granted to or imposed upon the University and its officials, whenever appropriate.

Section 25. Implementing Rules and Regulations. – The Board, in consultation with the CHED, shall formulate the guidelines to fully implement the provisions of this Act.

Section 26. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

Section 27. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 28. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.

Approved,

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on February 6, 2013 and February 4, 2013, respectively.

Approved: JUN 11 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines