Cotabato Foundation State University (Cfsu)

senate Sture of the SAreeta TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) FEB 12 P2:51 SENATE RECEIVED BY: 1858 S. No. — Introduced by Senator Loren Legarda AN ACT CONVERTING THE COTABATO FOUNDATION COLLEGE OF SCIENCE AND TECHNOLOGY IN THE MUNICIPALITY OF ARAKAN, PROVINCE OF COTABATO INTO A STATE UNIVERSITY AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The Constitution mandates the State to give priority to education, science and technology, arts and culture, and sports as key pillars of inclusive and sustainable national development. In faithful pursuit of this mandate, this measure seeks to convert the Cotabato Foundation College of Science and Technology (CFCST) in the Municipality of Arakan, Province of Cotabato, into a state university, thereby strengthening higher education, research, and innovation and expanding equitable access to advanced learning opportunities in the province and the surrounding region. While CFCST has played a vital role in providing tertiary education, technical training, and skills development in Cotabato, its present status as a state college limits its ability to fully expand graduate programs, research capacity, and international and industry partnerships. Conversion into a state university will enable the institution to move beyond a primarily teaching-focused role and become a comprehensive center for higher learning, research, and community development, aligned with the long-term human capital and economic priorities of Cotabato.

As Chairperson of the Senate Committee on Higher, Technical, and Vocational Education, I have consistently advanced the principle that every province should be anchored by a strong, fully developed state university that can serve as the engine of local competitiveness, innovation, and social mobility. By upgrading CFCST into a state university, this measure ensures that the people of Cotabato, particularly those in rural and underserved areas, gain access to the same quality of higher education, research, and professional training available in more developed regions. Through this conversion, the University will be empowered to expand academic offerings, including graduate and postgraduate programs; strengthen faculty development and research; attract greater public and private investment, grants, and partnerships; deepen linkages with industry, LGUs, and international institutions; and create opportunities for employment, entrepreneurship, and the preservation and advancement of local culture and knowledge. Consistent with national standards, the conversion shall be subject to the requirements and quality assurance mechanisms of the Commission on Higher Education (CHED), ensuring that institutional expansion is matched by academic excellence, effective governance, and financial sustainability. In view of the urgent need to build strong, regionally grounded universities that can drive inclusive growth and long-term development in Cotabato and the broader Mindanao region, the passage of this measure is earnestly sought. LOREN LEGARDA

SOme of the e tortur TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 26 FEB 12 P2:51 First Regular Session ) SENATE 1858 S. No. Introduced by Senator Loren Legarda AN ACT CONVERTING THE COTABATO FOUNDATION COLLEGE OF SCIENCE AND TECHNOLOGY IN THE MUNICIPALITY OF ARAKAN, PROVINCE OF COTABATO INTO A STATE UNIVERSITY AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Conversion. - The Cotabato Foundation College of Science and

2 Technology (CFCST) in the Municipality of Arakan, Province of Cotabato, including its 3 satellite campuses, is converted into a state university to be known as the Cotabato 4 Foundation State University (CFSU).

Sec. 2. General Mandate. - The CFSU shall primarily provide advanced

6 instruction and professional training in education, agriculture and forestry, 7 environment studies, engineering and technology, information and communications 8 technology, pure and applied sciences, behavioral and social sciences, law, culture 9 and arts, tourism and business-related programs, nautical and maritime programs, 10 health-related programs, developmental management and leadership programs, 11 health sciences, and other relevant fields of study. It shall promote advanced 12 instruction, research, extension services, and production activities and shall provide 13 progressive leadership in its areas of specialization.

Sec. 3. Curricular Offerings. - The CFSU shall offer short-term

2 technical-vocational, undergraduate, and graduate courses in the fields of education, 3 agriculture and forestry, environment studies, engineering and technology, 4 information and communications technology, pure and applied sciences, behavioral 5 and social sciences, law, culture and arts, tourism and business-related programs, 6 nautical and maritime programs, health-related programs, developmental 7 management and leadership programs, health sciences, and other degree courses, 8 as the Board of Regents may deem necessary to carry out its objectives, and those , which respond to the human resource development needs of the Province of 1e Cotabato and Region XII. 11 The existing reasonably-sized laboratory elementary and senior high school shall 12 continue to operate under the supervision of the College of Education of the CFSU to 13 serve the in-campus requirements of its students.

Sec. 4. Administration. — The University shall have the general powers of a

15 corporation in accordance with existing laws. The administration of the CFSU and the 16 exercise of its corporate powers shall be vested exclusively in the Board of Regents 17 and the President of the CFSU.

Sec. 5. The Board of Regents. - The governing body of the CFSU shall be the

19 Board of Regents, hereinafter referred to as the Board, which shall be chaired by the 20 Chairperson of the Commission on Higher Education (CHED). The President of the 21 CFSU shall be the vice-chairperson of the Board and with the following as members: a. Chairperson of the Committee on Higher, Technical and Vocational Education of the Senate; b. Chairperson of the Committee on Higher and Technical Education of the House of Representatives; c. Regional Director of the National Economic and Development Authority;

d. Regional Director of the Department of Science and Technology; e. Regional Director of the Department of Agriculture; f. President of the federation of faculty associations of the CFSU; g. President of the federation of student councils of the CFSU; h. President of the federation of alumni associations of the CFSU; i. Representative of the nonteaching or personnel association of the CFSU; and j. Two (2) prominent citizens from the private sector who have distinguished themselves in their professions or fields of specialization. 10 The Board shall appoint two (2) prominent citizens who shall be selected from a list 11 of at least five (5) qualified persons from the Province of Cotabato, as recommended 12 by a Search Committee constituted by the President of the CFSU, in consultation 13 with the Chairperson of the CHED and other members of the Board, based on the 14 guidelines on qualification standards for the position set by the Board. They shall 15 serve for a term of two (2) years from the date of appointment. 16 The terms of office of the Presidents of the federation of faculty associations, 17 federation of student councils, federation of alumni associations, and the 18 Representative of the nonteaching personnel shall be coterminous with their terms 19 of office, as provided under their respective constitutions and by-laws.

Sec. 6. Powers and Duties of the Board. - The administration of the CFSU

21 and the exercise of its corporate powers are vested in the Board, which shall have 22 the following specific powers and duties in addition to its general powers of 23 administration and the exercise of all the powers granted to the Board of Directors of 24 a Corporation under Section 35 of RA 11232:

a. Promulgate and implement policies in accordance with the declared State policies on education, other pertinent provisions of the Constitution on education, agriculture, science and technology, and the policies, standards and thrusts of the CHED under RA 7722, otherwise known as the "Higher Education Act of 1994"; b. Approve the curricula, instructional programs, and rules on student discipline drawn by the Administrative and Academic Councils, as herein provided; c. Appoint, upon the recommendation of the President of the CFSU, the vice presidents, chancellors, deans, directors, heads of the campuses, faculty members, and other officials and employees of the CFSU; d. Fix and adjust the salaries of faculty members, administrative officials, and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as it may deem proper; grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing law to the contrary notwithstanding; and remove them for cause in accordance with the requirements of the civil service rules and regulations and due process of law; e. Fix the tuition fees and other necessary school charges, such as matriculation fees, graduation fees, and laboratory fees, as the Board may deem proper to impose, after due consultation with the concerned sectors. The fees and charges, including government subsidies and other income generated by the CFSU, shall constitute its special trust funds and shall be deposited in any authorized government depository bank. All interests that shall accrue therefrom shall form part of the same funds for the use of the CFSU;

Any provision of existing law, rule or regulation to the contrary notwithstanding, any income generated by the CFSU from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the CFSU and may be disbursed by the Board for instruction, research, extension services, and other programs or projects of the CFSU: Provided, That all fiduciary fees shall be disbursed for the specific purposes for which these are collected: Provided however, That if, for reasons beyond its control, the CFSU shall not be able to pursue any project for which the funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said funds for any reasonable purpose which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the CFSU; f. Adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with RA 10931, otherwise known as the "Universal Access to Quality Tertiary Education Act"; g. Establish professorial chairs in the CFSU and provide fellowships for qualified faculty members, and scholarships to deserving students; h. Receive and appropriate sums as may be provided for by law for the support of the CFSU, and all other sums in the manner it may, in its discretion, determine to carry out the purposes and functions of the CFSU; i. Set the policies on admission and graduation of students; j. Award honorary degrees upon persons in recognition of their outstanding contributions in the fields of education, public service, arts, science and technology, sports and human kinetics or any field of specialization within the academic competency of the CFSU, and authorize the awarding of certificates of completion of nondegree and nontraditional courses; k. Develop academic arrangements for institutional capability building with appropriate institutions and agencies, whether public, private, local or foreign,

and appoint experts or specialists as consultants, part-time, visiting or exchange professors, scholars or researchers, as the case may be; I. Adopt modern and innovative modes of transferring knowledge to allow greater access to education such as the use of information technology, online programs, the dual training system, open distance learning, and community laboratory; m. Absorb non-chartered tertiary education institutions within the Province of Cotabato and Region XII as branches, extension campuses, and external centers, in coordination with the CHED and in consultation with the Department of Budget and Management (DBM), and offer therein programs or courses to carry out the constitutional mandate of providing equal access to educational opportunities; n. Authorize an external management audit of the CFSU, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit, and institute reforms, including academic and structural changes, on the basis of the audit results and recommendations; o. Develop consortia and other economic forms of linkages with local government units, as well as public, private, local or foreign institutions and agencies for the furtherance of the purposes and objectives of the CFSU; p. Import economic, technical, and cultural books and publications; q. Enter into joint ventures with business industry for the profitable growth and management of economic assets, the proceeds of which shall be used for the development and strengthening of the CFSU; r. Receive, in trust, all legacies, gifts, and donations of real and personal properties of all kinds and administer and dispose of the same, when necessary, for the benefit of the CFSU and subject to the limitations, directions, and instructions of the donor, if any;

s. Extend the term of the President of the CFSU beyond the age of retirement, but not beyond the age of seventy (70), based on the guidelines on qualification standards set by the Board: Provided, That the President's performance has been rated by the Board as outstanding and a unanimous recommendation for such extension has been decided upon by the Search Committee; t. Delegate any of its powers and duties to the President and other officials of the CFSU, as it may deem appropriate, so as to expedite the administration of the affairs of the CFSU; u. Establish policy guidelines and procedures for participative and transparent decision-making within the CFSU; v. Where most advantageous to the CFSU, privatize the management of nonacademic services such as health, food, building or grounds or property maintenance, and such other similar activities; w. Authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real property, including the necessary supplies, materials, and equipment; and x. Promulgate rules and regulations, as may be necessary, to carry out the purposes and functions of the CFSU.

Sec. 7. Meetings of the Board. The Board shall regularly convene once every

21 three (3) months. The Chairperson of the Board may, however, call a special meeting 22 whenever necessary: Provided, That members are notified in writing at least three 23 (3) days prior to the conduct of said meeting. 24 A quorum of the Board shall consist of a majority of all its members holding office at 25 the time of the meeting: Provided however, That the Chairperson of the Board or the 26 President of the CFSU is among those present in the meeting. 27 In case the Chairperson of the CHED cannot attend a meeting of the Board, a CHED 28 Commissioner duly designated by Chairperson of the CHED as representative to the

1 meeting, shall have all the rights and responsibilities of a regular member: Provided, 2 That during the meeting, the President of the CFSU, as Vice Chairperson, shall be 3 the presiding officer: Provided further, That this provision notwithstanding, the 4 Chairperson of the CHED may designate a CHED Commissioner as the regular 5 Chairperson of the Board, in which case, the said CHED Commissioner shall act as 6 the presiding officer. 7 In case the Chairpersons of the Senate Committee on Higher, Technical and 8 Vocational Education and the House Committee on Higher and Technical Education • shall not be able to attend the Board meeting, they may designate their respective 10 representatives who shall have the same rights and responsibilities as regular 11 members of the Board. 12 The members of the Board shall serve without compensation other than 13 reimbursements for actual and necessary expenses incurred, either for their 14 attendance to the meetings of the Board or in connection with other official business 15 authorized by resolutions of the Board, subject to existing laws and regulations.

Sec. 8. The University President. The CFSU shall be headed by a President

17 who shall be appointed by the Board, subject to its guidelines on qualification 18 standards, and based on the recommendation of a Search Committee duly 19 constituted for the purpose of selecting the President. The CFSU President shall 20 render full-time service for a term of four (4) years, and may be reappointed to 21 another term. 22 Within six (6) months before the expiration of the term of office of the incumbent 23 President of the CFSU, the Board shall constitute the Search Committee for the 24 Presidency. 25 The powers and duties of the President of the CFSU, in addition to those specifically 26 provided in this Act, shall be those usually pertaining to the Office of the President of 27 universities and those delegated by the Board. 28 The salary of the President of the CFSU shall be in accordance with RA 11466, 29 otherwise known as the "Salary Standardization Law of 2019", and such other laws

1 amendatory thereto, which may hereinafter be enacted, and on the joint circular for 2 state universities and colleges' leveling instruments, and guidelines of the CHED and 3 the DBM. 4 In case of vacancy in the Office of the President by reason of death, compulsory s retirement, resignation, removal for cause, or incapacity of the President to perform 6 the functions of the office, the Board shall designate an Officer-in-Charge (OIC) of 7 the CFSU, pending the appointment of a new President: Provided, That the OIC shall & serve only during the unexpired portion of the term. • The President of the CFSU shall be assisted by the following officials: Vice President 10 for Academic Affairs; Vice President for Administration, Planning, and Finance; and 11 Vice President for Research, Development, and Extension. They shall all be 12 appointed by the Board upon the recommendation of the President of the CFSU.

Sec. 9. The Secretary of the CFSU. The Board shall appoint a Secretary who

14 shall serve as such for both the Board and the CFSU and shall keep all records and 15 proceedings of the Board in addition to other duties and responsibilities. The 16 Secretary of the CFSU shall serve upon each member of the Board the appropriate 17 notice of Board meetings.

Sec. 10. The Treasurer of the CFSU. The Treasurer of the Philippines shall be

19 the ex officio Treasurer of the CFSU.

Sec. 11. The Administrative Council. There shall be an Administrative Council

21 consisting of the President of the CFSU, as Chairperson, and the vice-president, 22 deans, director, and other officials of equal rank, as members, whose duty is to 23 review and recommend to the Board such policies governing the administration, 24 management, and development planning of the CFSU.

Sec. 12. The Academic Council. There shall be an Academic Council

26 consisting of the President of the CFSU, as Chairperson, and all academic staff with 27 the rank of at least an assistant professor, as members, which shall formulate 28 academic policies.

1 The Academic Council shall review and recommend the curricular offerings and rules 2 on student discipline, fix the requirements for the admission of students, as well as 3 for their graduation and conferment of degrees, exercise disciplinary power over the 4 students and formulate rules and regulations on student discipline, subject to the 5 review and approval of the Board through the President of the CFSU. 6 It shall have disciplinary power over the students of the CFSU and shall formulate 7 rules and regulations on student discipline, subject to the approval of the Board. 8 Sec. 13. Academic Freedom and Institutional Autonomy. The CFSU shall • enjoy academic freedom and institutional autonomy pursuant to Paragraph 2, 10 Section 5 of Article XIV of the Constitution.

Sec. 14. The Faculty. No political belief, gender preference, cultural or

12 community affiliation, ethnic origin, nor religious opinion or affiliation shall be a 13 matter of inquiry in the appointment of faculty members of the CFSU: Provided, That 14 the appointment shall be subject to the guidelines on qualification standards set by 15 the Board: Provided further, That a member of the faculty shall not criticize, vouch 16 for, recruit members in behalf of, or preach about any particular church or religious 17 Sect.

Sec. 15. Heads of Campuses. The Campus Directors shall serve as heads or

19 administrators of their respective CFSU's campuses and render full-time service. 20 They shall be appointed or designated by the Board, upon recommendation of the 21 Search Committee and the President, subject to the guidelines on qualification 22 standards set by the Board: Provided, That upon the effectivity of this Act, the 23 incumbent campus Directors of the existing campuses of the CFCST shall continue to 24 serve as such.

Sec. 16. Scholarship Programs and Admission. The CFSU shall provide

26 scholarship programs and other affirmative action programs to assist poor but 27 deserving students who qualify for admission to the CFSU. No student shall be 28 denied admission to the University by reason of sex, religion, political, cultural or 29 community affiliation, and ethnic origin.

Sec. 17. Custodial Care Program. Pursuant to the original mandate of the

2 CFCST, the CFSU shall continue to provide custodial care and vocational education to 3 children of adversity aged seven (7) which shall be extended until the completion of 4 their tertiary education. For purposes of this act, these children of adversity include 5 orphans, homeless, neglected children, indigent children from broken homes, and 6 children from poverty-stricken families throughout Mindanao.

Sec. 18. Authority to Loan or Transfer of Apparatus, Equipment or Supplies,

8 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 10 President of the CFSU, such apparatus, equipment or supplies as may be needed by 11 the CFSU and to detail employees for duty therein when, in the judgement of the 12 head of the bureau or office, the apparatus, equipment, supplies or services of such 13 employees can be spared without serious detriment to public service. The employees 14 So detailed shall perform such duties as required of them by the President of the 15 CFSU and the time so employed shall be counted as part of their regular service.

Sec. 19. Assets, Liabilities, and Personnel. All assets, both real and personal,

17 personnel and records of the CFCST, as well as its liabilities or obligations, shall be 18 transferred to the CFSU: Provided, That the positions, rights, and security of tenure 19 of facuity members and personnel therein employed under existing laws prior to the 20 conversion into a university shall be respected. 21 All parcels of land belonging to the government occupied by the CFCST are declared 22 as property of the CFSU, and shall be titled under its name: Provided, That should 23 the CFSU cease to exist or be abolished or should such aforementioned parcels of 24 land be no longer needed by the CFSU, the same shall revert to the Municipality of 25 Arakan or to the Republic of the Philippines, as the case may be.

Sec. 20. Duty and Tax Exemptions. Subject to the provisions of the National

27 Internal Revenue Code of 1997, as amended, and RA 10863, otherwise known as the 28 "Customs Modernization and Tariff Act (CMTA)", as the case maybe:

a. All revenues and assets of the CFSU used for educational purposes, or in support thereof, shall be exempt from taxes and duties; b. All grants, bequests, endowments, donations, and contributions made to and used actually, directly, and exclusively for educational purposes by the CFSU, 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 Internal Revenue Code of 1997, as amended; c. Importation by the CFSU of economic, technical-vocational, scientific, philosophical, historical, legal, and cultural books, supplies, and materials shall, upon certification by the Board and the CHED, including scientific and educational computer and software equipment, be exempt from customs duties in accordance with the provisions of RA 10863, otherwise known as the "CMTA"; d. The CFSU shall be exempt from value-added tax as provided for in Section 109 (I) (H) of the Tax Reform Act of 1997, as amended; and e. All academic awards shall be exempt from taxes.

Sec. 21. Compliance with the CHED Requirements. Notwithstanding the

19 provisions of this Act, the conversion of the CFCST to a state university shall become 2e effective only upon the determination and declaration by the CHED, based on the 21 recommendation of a panel of experts constituted for the purpose, that the CFCST 22 has complied with the requirements for a university status based on the CHED 23 Memorandum Order No. 46, series of 2012 or the Policy Standard to Enhance Quality 24 Assurance in Philippine Higher Education Through an Outcomes-Based and 25 Typology-Based Quality Assurance: Provided, That the panel may issue such 26 recommendation when the CFCST has substantially complied with the requirements 27 for the grant of university status. 28 The following operational requirements for a university, as established by the CHED, 29 shall be complied with:

a. Employment of full-time, permanent faculty members who possess relevant degrees in their areas of specialization, as required by the CHED, and shall have participated in research and development activities in their respective disciplines, as evidenced by refereed publications and other scholarly outputs; b. Offering of a comprehensive range of degree programs in all levels, from basic post-secondary to doctoral programs; c. Conduct of viable research programs in specific disciplinal and multidisciplinary areas of study that produce new knowledge, as evidenced by refereed publications, citations, inventions, and patents, among others; d. Establishment of comprehensive learning resources and support structures, to include libraries, practicum laboratories, relevant educational resources, and linkages with relevant disciplinal and professional sectors, so as to allow students to explore basic, advance, and even cutting-edge knowledge in a wide range of disciplines or professions; e. Maintenance of linkages and affiliation with other research institutions in various parts of the world to ensure that the research activities of the CFSU are functioning at current global standards; and f. Conduct of outreach activities to allow the students, faculty, and research staff to apply the new knowledge they generate to address specific social development problems. The CHED, through its regional office, shall regularly provide technical assistance to the CFSU and monitor its compliance with the requirements of the CHED. The CFCST shall retain its status prior to the effectivity of this Act until it is able to comply with the requirements provided herein.

Sec. 22. Development Plan and Organizational Structure. Within one hundred

27 twenty (120) days after the approval of this Act, the CFSU shall accomplish the 28 following:

a. Submit a five (5)-year development plan, including its corresponding program budget to the CHED and the DBM; b. Submit the revised Land Use Development and Infrastructure Plan in accordance with RA 11396, otherwise known as the "SUCs Land Use Development and Infrastructure Plan (LUDIP) Act"; c. Undergo a management audit in cooperation with the CHED; and d. Set up its organizational, administrative as well as academic structure, including the designation of the key officials and other administrative personnel of the CFSU.

Sec. 23. Filing of Report. On or before the fifteenth (15th) day of the second

11 (2nd) month after the opening of regular classes each year, the Board shall file a 12 detailed report on its compliance with the requirements for a university status with 13 the Office of the President of the Philippines and both Houses of Congress, through 14 the Chairperson of the CHED.

Sec. 24. Appropriations. The amount necessary to carry out the provisions of

16 this Act shall be included in the annual General Appropriations Act (GAA). 17 The Municipality of Arakan shall provide the same assistance until such time that the 18 amount necessary for the continued operation and maintenance of CFSU shall be 19 included in the GAA.

Sec. 25. Suppletory Application. The provisions of RA 8292, otherwise known

21 as the "Higher Education Modernization Act of 1997", shall form part of this Act.

Sec. 26. Implementing Rules and Regulations. Within sixty (60) days from

23 the approval of this Act, the Board shall, in consultation with the CHED, issue rules 24 and regulations to implement its provisions.

Sec. 27. Separability Clause. If, for any reason, any part or provision of this

26 Act is declared invalid or unconstitutional, the remaining parts or provisions not 27 affected are in full force and effect.

Sec. 28. Repealing Clause. Batas Pambansa Blg. 408, entitled "An Act

29 Converting the Children's Educational Foundation Village in Magpet, North Cotabato, 3e into a College to be Known as the Cotabato Foundation College of Science and 31 Technology, and Authorizing the Appropriation of Funds Therefor", is amended, and 32 all other laws, presidential decrees, executive orders, and rules and regulations 33 contrary to or inconsistent with the provisions of this Act are amended, repealed, or 34 modified accordingly.

Sec. 29. Effectivity. - This Act shall take effect fifteen (15) days after its

36 complete publication in the Official Gazette or in a newspaper of general circulation. Approved,