Implementing Rules and Regulations of Republic Act No. 11220

2019

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11220

Pursuant to Republic Act No. 11220, entitled "An Act Separating the Southern Philippines Agri-business and Marine and Aquatic School of Technology (SPAMAST)-Digos City Campus in the City of Digos, Davao del Sur, from the SPAMAST in the Municipality of Malita, Davao Occidental, and Converting it into a State College to be known as the Davao del Sur State College, and Appropriating Funds Therefor," the following rules and regulations are hereby promulgated to ensure the efficient and effective implementation of the provisions of the Act:

RULE I

General Provisions

SECTION 1. Short Title. —

These Rules and Regulations shall be known as the "Implementing Rules and Regulations of Republic Act No. 11220."

SECTION 2. Legal Basis. —

The legal basis for these rules and regulations are R.A. 11220, entitled "An Act Separating the Southern Philippines Agri-business and Marine and Aquatic School of Technology (SPAMAST)-Digos City Campus in the City of Digos, Davao del Sur, from the SPAMAST in the Municipality of Malita, Davao Occidental, and Converting it into a State College to be known as the Davao del Sur State College, and Appropriating Funds Therefor"; R.A. 8292, otherwise known as the "Higher Education Modernization Act of 1997"; CMO No. 3, series of 2001, otherwise known as the "Revised Implementing Rules and Regulations for the Higher Education Modernization Act of 1997 (IRR-HEMA '97)"; and CMO No. 16, series of 2009, otherwise known as the "Rules and Regulations Governing the Search for President of State Universities and Colleges."

SECTION 3. Scope. —

The following rules and regulations shall govern the process of separation of the SPAMAST-Digos City Campus from the SPAMAST-Malita Campus and the establishment of the Davao del Sur State College (DSSC) and its administration, as well as the appropriation of funds therefor.

SECTION 4. Separation/Establishment. —

The SPAMAST-Digos City Campus in the City of Digos, Province of Davao del Sur, is hereby separated from the SPAMAST in the Municipality of Malita, Province of Davao Occidental, and converted into a State College to be known as the Davao del Sur State College, integrating therewith the SPAMAST-Digos City Campus in Barangay Matti, Digos City, the SPAMAST Laboratory and Production Campus in the Municipality of Matanao, the SPAMAST Extension Campus in Barangay Kapatagan, Digos City, and the SPAMAST Extension Campus in the Municipality of Sulop, all located in the Province of Davao del Sur. Its main campus shall be in Digos City.

After the effectivity of this IRR, the Davao del Sur State College shall exist independently, separate and distinct from the SPAMAST in Malita, Davao Occidental, to be governed by their respective charters.

SECTION 5. Mandate. —

The mandate of the College is to provide advance instruction and professional training in education, agriculture, engineering and technology, agribusiness, information technology and other related fields of study. To support the socioeconomic development of Davao del Sur, it shall undertake relevant and responsive research, extension and production and provide progressive leadership in its areas of specialization.

SECTION 6. Curricular Offerings. —

The College shall offer undergraduate and graduate courses in the fields of education, agriculture, engineering and technology, agribusiness, information technology and other related fields of study within its areas of specialization and according to its capacities, as the Board of Trustees (BOT) may deem necessary to carry out its objectives, and in order to meet the needs of the Province of Davao del Sur.

SECTION 7. Definition of Terms. —

Academic Freedom — refers to the freedom of higher education institutions to determine their aims and objectives and how to attain them without threat of coercion or interference, except when the overriding public interest calls for some restraint.

The right of professionally qualified persons to inquire, discover, publish and teach the truth as they see it in the field of their competence, subject to no control or authority except of rational methods by which the truth and conclusion are sought and established in their discipline.

College — refers to Davao del Sur State College (DSSC).

Extension Campus — is a campus which is attached to the Main Campus but with no Administrative structure that is established to cater specific needs/demands of certain groups or areas.

Extension Class — is a school facility where it possesses the characteristics of a school branch as provided in CMO No. 40, s. 2008, except that (1) administrative and support facilities mentioned are not available at the site but merely the classrooms; (2) enrolment in an extension class is restricted to a special clientele, and not available to the general public; and (3) such extension classes are temporary in nature.

Majority — shall mean fifty percent (50%) plus one (1) of all the members holding office at the time of any meeting conducted by the GB.

Satellite Campus — refers to a campus which is not a main campus and not a constituent/autonomous College either. With respect to data aggregation, the data from the satellite campus can be aggregated upward as part of Constituent College data; and then aggregated still further upward as part of College System Data.

RULE II

Governing Board (GB)

SECTION 8. The Governing Board (GB). —

The GB is composed of the following:

(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson or any of the CHED Commissioners as the duly authorized Chairperson-Designate;

(b) The President of the College, Vice Chairperson;

(c) The Chairperson of the Committee on Education, Arts and Culture (CEAC) of the Senate, member;

(d) The Chairperson of the Committee on Higher and Technical Education (CHTE) of the House of Representatives, member;

(e) The Regional Director of the National Economic and Development Authority (NEDA), member;

(f) The Regional Director of the Department of Science and Technology (DOST), member;

(g) The Regional Director of the Department of Agriculture (DA), member;

(h) The President of the faculty association of the College, member;

(i) The President of the Supreme Student Government (SSG) of the College, member;

(j) The President of the alumni association of the College, member; and

(k) Two (2) prominent citizens from the private sector who have distinguished themselves in their profession or fields of specialization.

SECTION 9. Search, Appointment and Qualifications of the Two (2) Members Representing the Private Sector. —

9.1 Search Committee — A Search Committee (SC) shall be formed and constituted by the President of the Davao del Sur State College, in consultation with the Chairperson of the CHED and other members of the Board, which shall take charge of recruiting, screening and recommending to its GB at least five (5) prominent citizens for possible appointment.

9.2 Composition of SC — The SC to be formed and constituted by the President of the chartered SUC concerned and to be approved by the CHED Chairperson shall have three (3) members who shall elect from among themselves their Chair, provided that the faculty and student sectors concerned shall be represented in the SC.

9.3 Minimum Qualifications and/or Standards for Private Sector Representatives in the GBs — No person shall become a member of the GB of the Davao del Sur State College representing the private sector unless he/she meets the normal qualifications and/or standards for the position set by its GB.

9.4 Results of Search — The SC shall submit the names of at least five (5) nominees to the GB within forty five (45) days from the inception of its search in accordance with the procedures laid down by the SC itself.

9.5 Selection — The GB of the Davao del Sur State College shall select the two (2) private sector representatives from among the five (5) qualified nominees recommended by the SC, taking into consideration their respective qualifications and the weight of their possible contribution vis-à-vis knowledge, expertise and depth and breadth of experience to the deliberations of the GB and to the realization of the mission of the university or college itself.

9.6 Appointment — After two (2) private sector representatives shall have been selected by the GB, they shall be appointed by it through a Resolution duly adopted by the GB.

The two private sector representatives are appointed by the GB. As such their appointment should be signed by the GB Chairperson.

9.7 Assumption — The two (2) duly appointed private sector representatives shall assume office after taking their oaths before the CHED Chairperson or the CHED Commissioner as Chair of the BOT or before his/her duly designated representative.

SECTION 10. Terms of the GB Members. —

The GB members shall have all the normal rights and responsibilities of a regular member of the BOT.

The GB Chairperson, Vice-Chairperson and the members coming from the government have the right to sit as Chairperson, Vice-Chairperson and as members thereof ipso facto upon their assumption.

The Right of the Supreme Student Government (SSG), Faculty, and Alumni Presidents/Chairpersons/Heads or their Federation Presidents/Chairpersons/Heads to become members of the GB shall automatically rise from their election and qualification into their respective offices. They shall serve in the GB only for the duration of their term of office, as set forth in their respective constitutions and by-laws. Provided, however, that in the event that the student loses his/her status as a student by way of graduation from the College, dismissal, or other such causes, then the duly elected student representative shall sit as a regular member of the GB. Provided, that in the absence of express provision of the law, existing rules of CHED shall govern.

The private sector representatives must take their oaths of office as herein provided for before they could assume as GB members and shall serve for a term of two (2) years from the date of appointment. They may be re-appointed for another term only.

SECTION 11. Representatives of GB Members Coming from the Government. —

If the Chairperson of the Committee on Education, Arts and Culture (CEAC) of the Senate and Chairperson of the Committee on Higher and Technical Education (CHTE) of the House of Representatives could not personally attend any regular or special meeting of the GB of the College, they may designate in writing their representatives to the said meeting which the latter should present to the GB Secretary before the start of the said meeting. They shall be entitled to a seat, to voice and a vote.

SECTION 12. Promulgation and Implementation of Policies by GB. —

The GB of the College may promulgate and implement policies vis-à-vis higher education within the College provided these are consistent with the declared state policies on education and other pertinent provisions of the Constitution of the Philippines on education, science and technology, arts, culture and sports, and within the policies, standards and thrusts of the CHED and of Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994."

SECTION 13. Powers and Duties of the GB. —

The GB 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 BOT under Section 36 of Batas Pambansa Blg. 68, otherwise known as the "The Corporation Code of the Philippines," thus:

(a) To promulgate rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the College;

(b) To receive and appropriate all sums, as may be provided, for the support of the College in the manner it may determine, in its discretion, to carry out the purposes and functions of the College;

(c) To import duty-free economic, technical and cultural books or publications, machineries and equipment, upon certification by the CHED that such imported books or publications, machineries and equipment are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes, in accordance with the provisions of the Tariff and Customs Code of the Philippines, as amended;

(d) To receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose the same when necessary for the benefit of the College, and subject to the limitations, directions and instructions of the donors, if any.

Such donations shall be exempt from the donor's taxes and the same shall be considered as allowable deductions 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 (NIRC) of 1997, as amended; Provided, That such donations shall not be disposed of, transferred or sold;

(e) To 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 consultations with the involved sectors: Provided, That such fees and charges, including government subsidies and other income generated by the College, shall be considered as special trust funds and shall be deposited in any authorized government depository bank, and all interest income that shall accrue therefrom shall form part of the same fund for the use of the College: Provided, further, That any provision of existing laws, rules and regulations to the contrary notwithstanding, any income generated by the College from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the College and may be disbursed by the Board for instruction, research, extension, or other programs/projects of the College: Provided, finally, That all fiduciary fees shall be disbursed for the specific purposes for which these are collected. If, for reasons beyond its control, the College 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 College;

(f) To adopt and implement a socialized scheme of tuition and other school fees for greater access to education of poor but deserving students in accordance with the provisions of Republic Act No. 10931 or the "Universal Access to Quality Tertiary Education Act";

(g) To authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real property including necessary supplies, materials and equipment;

(h) To appoint, upon the recommendation of the President of the College, the Vice Presidents, Deans, Directors, Heads of campuses, faculty members and other officials and employees of the College;

(i) To fix and adjust salaries of faculty members and administrative officials and employees, subject to the provisions of the Revised Compensation and Position Classification Systems and other pertinent budget and compensation laws governing hours of services and such other duties and conditions as it may deem proper; to grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provisions of existing law to the contrary notwithstanding; and to remove them for cause in accordance with the requirements of due process of law;

(j) To approve the curricula, instructional programs and rules of discipline drawn by the Administrative and Academic Councils herein provided;

(k) To set policies on admission and graduation of students;

(l) 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 within the academic competence of the College; and to authorize the awarding of certificates of completion of nondegree and nontraditional courses;

(m) To establish and absorb non-chartered tertiary institutions within the Province of Davao del Sur as branches and centers, in coordination with the CHED and in consultation with the Department of Budget and Management (DBM), and to offer programs or courses to promote and carry out equal access to educational opportunities mandated by the Constitution;

(n) To establish research and extension centers of the College where such will promote the development of the latter;

(o) To establish professorial chairs in the College and to provide fellowships for qualified faculty members and scholarships to deserving students;

(p) To delegate any of its powers and duties provided for herein to the President and/or other officials of the College as it may deem appropriate so as to expedite the administration of the affairs of the College;

(q) To authorize an external management audit of the College, and to institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

(r) To collaborate with other GBs of other State Universities and Colleges (SUCs) within the Province of Davao del Sur and Region XI, under the supervision of the CHED and in consultation with the DBM, and work towards the restructuring of the College to become more efficient, relevant, productive, and competitive;

(s) To enter into joint ventures with business and industry for the profitable development and management of the economic assets of the College, the proceeds from which shall be used for the development and strengthening of the College;

(t) To develop consortia and other economic forms of linkages with Local Government Units (LGUs), institutions and agencies, both public and private, local and foreign, in furtherance of the purposes and objectives of the College;

(u) To develop academic arrangements for institutional capability building with appropriate institutions and agencies, public and private, local and foreign, and to appoint experts/specialists as consultants, part-time or visiting or exchange professors, scholars, researchers, as the case may be;

(v) To set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual training system, open distance learning, and community laboratory for the promotion of greater access to higher education;

(w) To establish policy guidelines and procedures for participative decision-making and transparency within the College;

(x) To privatize, where most advantageous to the College, the management of non-academic services such as health, food, building or grounds or property maintenance and such other similar activities; and

(y) To extend the term of the President of the College whose performance has been unanimously rated by the Board as outstanding beyond the age of retirement but not beyond the age of seventy (70), based on the guidelines, qualifications and standards set by the Board after unanimous recommendation by the search committee.

SECTION 14. Meetings of the GB. —

The GB shall hold either regular or special meetings.

14.1.  Regular Meetings. — The GB shall regularly convene at least once every quarter.

14.2.  Frequency, Date and Venue of Regular Meetings. — The frequency over and above the minimum stated in 13.1 hereof and the date and venue of regular meetings of the GB shall be determined by the GB itself provided that only four (4) regular and two (2) special meetings shall be entitled to the authorized and necessary expenses.

14.3.  Responsibility of the President. — The President of the College with the College Secretary shall be responsible for making the necessary preparations to ensure the smooth holding of its GB's regular and special meetings.

In the absence of the Chairperson of the CHED, a Commissioner of the CHED, duly designated by the CHED Chairperson, shall represent the latter in the meeting. The designated CHED Commissioner shall have all the rights and responsibilities of a regular member: Provided, That during this meeting, the President of the College as Vice Chairperson shall be the Presiding Officer: Provided, further, That this provision notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chairperson of the Board, in which case the said CHED Commissioner shall act as the Presiding Officer.

14.4.  Special Meetings. — Special meetings of the GBs may be held only upon the call of its Chairperson provided that the members of the GB have been notified in writing of the said special meetings three (3) days before their holding.

GB members who believe that a special meeting should be conducted may petition the Chairperson in writing accordingly.

SECTION 15. Quorum. —

A majority of all the members of the GB holding office at the time of its regular or special meeting shall constitute a quorum for the said regular or special meeting.

No regular or special meeting of the GB, however, shall be validly held or could legally occur without the presence of either the CHED Chairperson who is the Chairperson of the GB or the CHED Commissioner as duly designated Chairperson, or the President of the College who is the Vice-Chairperson thereof.

SECTION 16. Presiding Officer. —

The CHED Chairperson or the CHED Commissioner as duly designated Chairperson in his/her capacity as Chairperson of the GB of the College shall preside over the regular or special meetings thereof, except as hereinafter provided for.

In the absence of the CHED Chairperson or the CHED Commissioner as Regular Chairperson of the GB, the President of the College, who is the Vice-Chairperson of its GB, shall preside, except as hereinafter provided for.

SECTION 17. Compensation for the Chairperson, Vice-Chairperson and Members of the GB. —

The Chairperson, Vice-Chairperson and members of the GB of the College shall not receive any regular compensation as such but they shall receive entitlements to actual allowances allowed by law and reimbursement of necessary expenses incurred during or in conjunction with their attendance in the regular or special meetings of the GB or in connection with their performance of official business duly authorized by the GB.

RULE III

Administration of the College

SECTION 18. The College President. —

The College shall be headed by a President who shall render full-time service. The President shall be appointed by the Board, subject to the guidelines, qualifications and standards set by the Board upon the recommendation of a duly constituted search committee. The President shall serve for a term of four (4) years and shall be eligible for a reappointment for another term.

The powers and duties of the President of the College, in addition to those specifically provided in R.A. 11220, shall be those usually pertaining to the Office of the President of similar state colleges and those delegated by the Board.

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

SECTION 19. Selection and Appointment of the College President. —

The President of the College shall be selected and appointed by the GB upon the recommendation of a Search Committee for Presidency (SCP) duly constituted by it.

The President shall head the College and shall render full-time service.

SECTION 20. Composition of SCP. —

Within six (6) months before the expiration of the term of office of the incumbent President of the College but in no case earlier than one (1) year before the end of the term of the said President, the GB of the College must constitute a SCP.

Upon the effectivity of the Act, the Board shall constitute the Search Committee for the Presidency (SCP) of the Davao del Sur State College within six (6) months.

The SCP should have at least five (5) members and should be composed of representatives from the academic community, the private sector, CHED, and the Philippine Association of State Universities and Colleges (PASUC). The private sector representative should not, in any way, be directly or indirectly connected or associated with the College.

Furthermore, the GB shall identify who shall serve as the Chairperson of the SCP and allocate the needed budget for the Search Process.

SECTION 21. Powers of the SCP. —

The SCP so constituted shall call for applications and screen applicants for the President and may devise its own procedures and criteria for the Search subject to the approval of the GB.

SECTION 22. Nominees. —

The SCP shall submit the names of at least three (3) nominees to the GB citing therein the strengths and weaknesses of the nominees for guidance and information of the GB as well as the enumeration and description of the criteria and procedures employed in their search.

In the event that one of the nominees is related by consanguinity or affinity within the third degree to a member of the GB and/or SCP, such member shall inhibit himself/herself from the search process.

SECTION 23. Appointment Papers. —

After the GB shall have selected and appointed the new President, his/her appointment papers shall be signed by the CHED Chairperson or the CHED Commissioner as Chairperson-Designate of the GB.

SECTION 24. Minimum Qualifications. —

The applicant for the Presidency of the College must possess the qualifications and/or standards set by its GB inclusive of the minimum requirements set by the CHED.

SECTION 25. Term of Office. —

The President of the College appointed by the GB shall have a term of four (4) years, the beginning and end of which shall be clearly specified on the appointment issued by the GB.

The President of the College is eligible for re-appointment subject to the evaluation process prescribed by the GB.

SECTION 26. Vacancy in the Office of the President. —

In case of vacancy by reason of death, transfer, resignation, removal for cause or incapacity of the incumbent President to perform the functions of his/her office, the CHED Chairperson or the CHED Commissioner as Chairperson of the GB, shall, within fifteen (15) days from the occurrence of such vacancy, designate an Officer-in-Charge (OIC) in the Office of the President (OP), subject to confirmation by the GB.

This service for the unexpired term shall not, however, count as one (1) full-term for purposes of appointment/re-appointment.

SECTION 27. Appointment of a New President after Vacancy Occurs. —

In case of vacancy in the Office of the President, as mentioned in the immediately preceding paragraph, the successor shall serve only for the unexpired portion of the term.

SECTION 28. Other Officers. —

A Vice President for Academic Affairs and Vice President for Administration, who shall assist the President of the College, shall be appointed by the GB upon the recommendation likewise of the President.

SECTION 29. Heads of College Campuses. —

A Campus Director shall head the College campus and shall render full-time service.

The Campus Director shall be appointed by the GB, upon recommendation of a Search Committee, subject to the guidelines, qualifications and standards set by the GB.

SECTION 30. The preceding Sections embraced under Rule III shall be without prejudice to the rules prescribed by the Commission on Higher Education on the Selection and Appointment of College President.

RULE IV

Secretary and Ex-Officio Treasurer of the College

SECTION 31. Secretary of the College. —

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

SECTION 32. Treasurer of the College. —

The Treasurer of the Philippines shall be the ex-officio Treasurer of the College.

RULE V

Administrative Council (ADCO)

SECTION 33. Composition of the ADCO. —

There shall be an Administrative Council consisting of the President of the College as Chairperson, Board Secretary as secretary, and the Vice-President(s), Deans, Directors and other officials of equal rank as members.

SECTION 34. Functions of ADCO. —

(a) Review and recommend to the GB appropriate policies governing the administration, management and development planning of the College; and

(b) Act in an advisory capacity to the President in all matters pertaining to the administration, management and development of the College.

RULE VI

Academic Council (AC)

SECTION 35. Composition of AC. —

There shall be an AC to be composed of the President of the College as Chairperson, Board Secretary as secretary and all the members of its instructional staff with the rank of at least an Assistant Professor 1 as members.

In case the College has multi-campuses the AC may be established provided that these campuses should have equal representation in the College AC.

The President of the College as Chairperson thereof shall constitute the AC.

SECTION 36. Functions of the AC. —

(a) Determine, review and recommend, subject to the approval of the GB, the curricular offerings and academic policies of the College, subject to CHED requirements;

(b) Formulate and recommend the admission, retention and completion requirements of students in the College for their graduation and the conferment of degrees and diplomas and submit the same to the GB for review and/or approval through the President;

(c) Exercise disciplinary power over the students of the College, in accordance with the rules and regulations of discipline approved by the GB; and

RULE VII

Academic Freedom and Institutional Autonomy of the College

SECTION 37. Academic Freedom and Institutional Autonomy. —

The College shall enjoy academic freedom and institutional autonomy as provided for in R.A. 8292 and Par. 2, Sec. 5 of Art. XIV of the 1987 Constitution stated as "Academic freedom shall be enjoyed in all institutions of higher learning."

RULE VIII

Scholarship Program

SECTION 38. Scholarship Program. —

Scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission shall be provided by the College.

The College may link with other government agencies and private sectors which have available scholarship programs to ensure that additional financial assistance may be given to eligible students who excel in academics, sports and other fields.

Qualification policies shall be provided by the College and/or by the funding/granting government agencies or private companies.

RULE IX

Admission of Students

SECTION 39. No Discrimination in Admission of Students. —

No student shall be discriminated against and denied admission in the College by reason of gender, age, ethnicity, nationality, religion, political affiliation, or physical disability.

SECTION 40. Admission Requirements. —

A student may be admitted upon compliance with all academic and admission requirements as set forth by the College.

The College shall accept foreign students who have complied with requirements of the CHED, the Department of Foreign Affairs (DFA), and the Bureau of Immigration (BI) and have passed the requirements of the College Provided, That Filipino applicants shall have priority over them.

RULE X

Authority to Loan or Transfer Apparatus/Equipment/Supplies

SECTION 41. Authority to Loan or Transfer Apparatus/Equipment/Supplies. —

Upon the request of the President of the College, the heads of bureaus and offices of the national government are hereby authorized to loan or transfer such apparatus equipment or supplies as may be needed by the College.

RULE XI

Detail of Personnel

SECTION 42. Detail of Personnel. —

Employees may be detailed for duty in the College when, in the judgment of the head of the sending bureau or office, such employees may 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 College and the time so employed shall be counted as part of their regular services.

RULE XII

Tax Exemptions

SECTION 43. Tax Exemptions. —

The College shall be entitled to the following tax exemptions:

(a) All revenues and assets of the College used exclusively and solely for educational purposes or in furtherance thereof shall be exempt from all taxes and duties;

(b) All grants, bequests, endowments, donations and contributions made to the College to be used actually, directly and exclusively by the College shall be exempt from donor's tax and the same shall be allowed as allowable deductions from the gross income of the donor for purposes of computing the taxable income of the donor in accordance with the provisions of the NIRC of 1997, as amended;

(c) Importation of economic, technical, and cultural books or publications, which are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes made by the College upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of Republic Act No. 10863, otherwise known as the "Customs Modernization and Tariff Act (CMTA)";

(d) The College shall be exempt from value-added tax as provided for in Section 109 (1) (h) of the NIRC of 1997, as amended; and

(e) All educational monetary awards shall be exempt from income tax as prescribed in Section 32 (B) (7) (c) of the NIRC of 1997, as amended.

RULE XIII

Transitory Provisions

SECTION 44. Management of Transition. —

College Management will be effective upon issuance of the Certificate of Compliance with the CHED requirements for the separation from SPAMAST.

Students enrolled in the College at the time of separation from SPAMAST shall graduate from the College.

Funds for College operations in 2019 shall be taken from the SPAMAST 2019 appropriation. All income generated by the College in 2019 after its separation from SPAMAST shall be retained.

By 2020, funds appropriated for the Digos City Campus shall be solely managed by the College. Budget proposal for Personal Services (PS), Maintenance and Other Operating Expenses (MOOE) and Capital Outlay for Budget Year 2020 shall be prepared by the College.

Signage with the logo of the College shall be installed upon issuance of the CHED certification on its separation from SPAMAST.

Turn-over of all records to SPAMAST and the College shall be done immediately after their separation. Safekeeping of all documents shall be the responsibility of the Colleges where the documents are stored.

SECTION 45. Creation of the Transition Committee. —

To aid SPAMAST and the College on its compliance with the requirements specified in Republic Act No. 11220, a Transition Committee shall be created pursuant to SPAMAST Governing Board Resolution No. 002, series of 2019.

SECTION 46. Composition of the Transition Committee. —

The Committee is composed of the following:

(a) The Regional Director of the National Economic and Development Authority (NEDA), Chairperson;

(b) The Regional Director of the Commission on Higher Education (CHED), Vice-Chairperson;

(c) The Regional Director of the Department of Science and Technology (DOST), member;

(d) The SPAMAST President, member;

(e) The SPAMAST Vice President for Academic Affairs, member;

(f) The Campus Directors of SPAMAST-Malita Campus and SPAMAST-Digos City Campus, members.

Technical staff shall be assigned to provide technical and secretariat support.

SECTION 47. Functions of the Transition Committee. —

The Transition Committee has the following functions:

(a) Formulate the Implementing Rules and Regulations to fully implement the provisions of RA 11220 for GB approval;

(b) Direct SPAMAST to undergo Management Audit including assets, liabilities and personnel (processes & systems) for both SUCs;

(c) Direct SPAMAST for self-assessment of all existing program offerings vis-à-vis compliance with CHED requirements of both SUCs;

(d) Direct and assist SPAMAST to develop an Organizational Administrative and Academic Structure for both SUCs;

(e) Direct and assist SPAMAST to formulate a 5-Year Development Plan, including its corresponding program budget, for both SUCs;

(f) Review and recommend to CHED and DBM the formulated 5-year development plan with the proposed budget;

(g) Recommend the appointment of key officials of the Davao del Sur State College;

(h) Submit the CHED compliance report for evaluation of the CHED Regional Office and endorsement of the CHED Central Office; and

(i) Formulate a Transition Management Plan for both SUCs.

SECTION 48. Creation of the GB and Management Structure. —

Upon issuance of the Certificate of Compliance with the CHED requirements for the separation, the GB and Management Structure of the College shall be created to facilitate the transition and the election of the College President pursuant to R.A. 8292.

The members of the GB and Management Structure shall be convened by the Chairperson. The members shall be entitled to receive actual allowances allowed by law subject to existing auditing rules and regulations.

SECTION 49. Development Plan/Management Audit/Organizational/Administrative/Academic Structure. —

The College shall accomplish the following within one hundred twenty (120) days after the approval of R.A. 11220:

(a) Submit a five (5)-year development plan, including its corresponding program budget to the CHED, for corresponding recommendation to the DBM;

(b) Undergo a management audit in cooperation with the CHED; and

(c) Accordingly set up its organizational, administrative and academic structure, including the appointment of the key officials of the College.

SECTION 50. Assets and Liabilities. —

All assets, real and personal, personnel and records of the SPAMAST-Digos City Campus, the SPAMAST Laboratory and Production Campus in the Municipality of Matanao, the SPAMAST Extension Classes in Barangay Kapatagan, Digos City and the SPAMAST Extension Campus in the Municipality of Sulop, as well as the liabilities or obligations, are hereby transferred to the College. The positions, rights and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into a College shall be respected: Provided, That resources and assets be divided in accordance with maintaining compliance to the policies, standards and guidelines in all programs having Certificate Program Compliance (COPC) and the present level of program accreditation.

Administrative positions created originally upon the establishment of the SPAMAST under Batas Pambansa Blg. 651 shall be retained in the SPAMAST. Administrative positions shall be created for the Davao del Sur State College.

All parcels of land belonging to the government occupied by the SPAMAST-Digos City Campus are hereby declared the property of the College and shall be titled under that name: Provided, that should the College cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the College, the same shall revert to the local government.

SECTION 51. Personnel. —

The positions, rights and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into a College shall be respected; Provided, That resources and assets be divided in accordance with maintaining compliance with the policies, standards and guidelines in all programs having Certificate of Program Compliance (COPC) and the present level of program accreditation.

Administrative positions created originally upon the establishment of the SPAMAST under Batas Pambansa Blg. 651 known as the "An Act Changing the Name of the Malita Agri-Business and Marine and Aquatic School of Technology to Southern Philippines Agri-Business and Marine and Aquatic School of Technology" shall be retained in the SPAMAST.

Administrative positions shall be created for the College.

RULE XIV

Compliance with CHED Requirements

SECTION 52. Compliance with CHED Requirements. —

The provisions of this IRR notwithstanding, the establishment or conversion of the institution into a state college 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 college status. The CHED, through its regional office, shall regularly provide technical assistance to the institution and monitor compliance with the requirements of the CHED.

The CHED shall designate a panel of experts who shall prepare a recommendation to the Chairperson of the CHED on whether the institution has complied with the requirements for the grant of college status based on CHED Memorandum Order No. 46, series of 2012 known as the "Policy-Standard to Enhance Quality Assurance (QA) in Philippine Higher Education through an Outcomes-Based and Typology-Based QA."

The institution shall retain its status prior to the effectivity of this IRR until it is able to comply with the requirements provided therein.

RULE XV

Supplementary Application

SECTION 53. Supplementary 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 IRR and shall serve as part of the Governing Charter of the College.

RULE XVI

Parity Clause

SECTION 54. Parity Clause. —

All other powers, functions and privileges, responsibilities and limitations to SUCs and their officials under existing laws shall be deemed granted to or imposed upon the College and its officials, whenever appropriate.

RULE XVII

Appropriations

SECTION 55. Appropriations. —

To carry out the provisions of this IRR, the necessary amount shall be charged against the current year's appropriations of the SPAMAST-Digos City Campus.

Thereafter, such sums, as may be necessary for the continued operation and maintenance of the College shall be included in the General Appropriations Act.

RULE XVIII

Separability Clause

SECTION 56. Separability Clause. —

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

RULE XIX

Repealing Clause

SECTION 57. Repealing Clause. —

All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this IRR are hereby repealed or modified accordingly.

RULE XX

Effectivity

SECTION 58. Effectivity. —

This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Davao this ____ day of ________, 2019.

Published in the Official Gazette, Vol. 116, No. 8, Page 1234 on February 24, 2020.