CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 8626 BY REPRESENTATIVES LIBANAN, ACIDRE, SUANSING (M.A.), QUIMBO, SOLON, RODRIGUEZ (M.), MoMO, ABALOS, LORIA, BELTRAN, BARBERS, ESPARES, BAÑAS-NOGRALES, SUAN AND GONZALES (C.S.) AN ACT ESTABLISHING A COLLEGE OF MEDICINE IN THE EASTERN SAMAR STATE UNIVERSITY IN THE CITY OF BORONGAN, PROVINCE OF EASTERN SAMAR AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Establishment. - There is hereby established a College of Medicine
in the Eastern Samar State University located in the City of Borongan, Province of Eastern Samar, which shall be known as the "Eastem Samar State University-College of Medicine". MD U
SEC. 2. General Mandate. - The Eastem Samar State University (ESSU)-College
of Medicine, hereinafter referred to as the "College", ", shall primarily offer a Doctor of Medicine Program, including an Integrated Liberal Arts and Medicine Program consisting of basic science and clinical courses and using a learner-centered, competency-based, and community-oriented approach. The primary goal of the College shall be to develop a corps of professional physicians to strengthen the heaithcare system of the country, as well as to respond to the human resource development needs of the Province of Eastern Samar and the Eastern Visayas Region. The College is also mandated to undertake research and extension services and provide progressive leadership in these areas.
SEC. 3. Governance. - The govemance of the College shall be vested in the Board
of Regents of the ESSU, hereinafter referred to as the Board, whose powers and functions are defined under Republic Act (RA) No. 9312, entitled, "An Act Converting the Eastern Samar State College (ESSC) into a State University to be known as the Easter Samar State University, Integrating Therewith the Maydolong National Agricultural School in the Municipality of Maydolong, Province of Eastem Samar and Appropriating Funds Therefor", and other applicable laws and regulations, unless otherwise provided or amended elsewhere in this Act.
SEC. 4. Administration. - The administration of the College shall be vested in
the Dean of the College insofar as may be authorized by its Board.
SEC. 5. The College Dean. - The College shall be headed by a Dean who
shall be appointed by the Board, subject to the guidelines on qualification and standards set by the Board, and upon the recommendation of the President of the ESSU, and pursuant to the policies, standards, and guidelines of the Commission on Higher Education (CHED). The Dean shall render full-time service, serve a term of three (3) years, and may be reappointed to another term. Within six (6) months from the effectivity of this Act, the President of the ESSU shall constitute the Search Committee for the Deanship. The powers and duties of the Dean of the College, in addition to those specifically provided for in this Act, shail include those usually pertaining to the Office of the Dean of similar state universities and colleges and those delegated by the President. The salary of the Dean of the College shall be in accordance with RA 11466, or the "Salary Standardization Law of 2019", and such other laws amendatory thereto, which may hereinafter be enacted and shall be comparable to that being received by the Deans of similar educational institutions. In case of vacancy in the Office of the Dean by reason of death, compulsory retirement, resignation, removal for cause, or incapacity of the Dean to perform the functions of the office, the Board shall, upon the recommendation of the President, designate an Officer-in-Charge (OIC) of the College, pending the appointment of a new Dean: Provided, That the OIC shall serve only during the unexpired portion of the term. The Dean of the College shall be assisted by a College Secretary, who shall be appointed by the Board.
SEC. 6. The Faculty. - The Board shall, upon the recommendation of the
President of the ESSU, appoint the faculty of the College: Provided, That no political belief, sex, gender, cultural or community affiliation or ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the appointment of the faculty of the College: Provided, further, That said appointment shall be subject to the guidelines on qualification standards set by the Board in accordance with the policies of the CHED: Provided, finally, That no member of the faculty shall teach for or against any particular religious denomination.
SEC. 7. Scholarship Programs and Admission. - The College shall provide
scholarships and other affirmative action programs to assist poor, but deserving students who qualify for admission to the College. Students who have availed themselves of the scholarship program under RA 11509, or the "Doktor Para sa Bayan Act", shall render a return service in accordance with the said law. Students availing themselves of other nationally-funded scholarship programs to complete the medicine degree program under the College may be required to render a return service depending on the contract to be signed between the student and the College.
No student shall be denied admission to the College by reason of sex, gender, religion, cultural or community affiliation, physical disability, ethnic origin, or any other forms of discrimination. S
SEC. 8. Academic Freedom. - The College shall enjoy academic freedom
pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution.
SEC. 9. Loan or Transfer of Supplies, Apparatuses, or Equipment, and Detail
of Personnel to the College. - Heads of national government agencies and instrumentalities may, upon the request of the Board through the President of the ESSU, loan or transfer supplies, apparatuses, or equipment, and detail personnel to the College: Provided, That such loan, transfer or detail shall not be detrimental to public service. The personnel to be detailed to the College shall perform such duties as may be required by the Dean of the College and the time spent for such duties shall be counted as part of the detailed personnel's regular service.
SEC. 10. Assets, Liabilities, Records, and Personnel. - All appropriations,
assets, both real and personal, personnel, and records of the College, as well as its liabilities or obligations, shall be titled or narned after the ESSU. All parcels of land belonging to the government to be occupied by the College shall be the property of the ESSU and titled under its name: Provided, That should the ESSU cease to exist or be abolished or such aforementioned parcels of land be no longer needed by the ESSU, the same shall revert to the local government unit concerned or to the Republic of the Philippines, as the case may be.
SEC. 11. Duty and Tax Exemptions. - The importation by the College of medical
books or publications, medical equipment or instruments which are for medical, laboratory or scientific purposes shall, upon certification by the CHED, be exempt from customs duties in accordance with the provisions of RA 10863, or the "Customs Modernization and Tariff Act (CMTA)* All grants, bequests, endowments, donations, and contributions made to and used actually, directly, and exclusively for educational purposes by the College shall be exempt from donor's tax and the same shall be considered as allowable deductions from gross income for purposes of computing the taxable income of the donor in accordance with the provisions of the National Interal Revenue Code of 1997, as amended.
SEC. 12. Compliance with the CHED Requirements. - The provisions of this Act
notwithstanding, the establishment of the medical program shall become effective only upon determination and declaration by the CHED that the institution has substantially complied with the policies, standards, and guidelines of the CHED for the Doctor of Medicine Program.
SEC. 13. Suppletory Application. - The provisions of RA 8292, otherwise known
as the "Higher Education Modernization Act of 1997", shall form part of this Act.
SEC. 14. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the annual General Appropriations Act.
SEC. 15. Implementing Rules and Regulations. - Within sixty (60) days from the
approval of this Act, the Board shall, in consultation with the CHED, issue rules and regulations to implement its provisions.
SEC. 16. 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 are in full force and effect.
SEC. 17. Repealing Clause. - All laws, presidential decrees, executive orders,
rules and regulations, and other issuances contrary to or inconsistent with the provisions of this Act are amended, repealed, or modified accordingly.
SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation. Approved,