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Republic of the Philippines Province of Davao Occidental MUNICIPALITY OF MALITA OFFICE OF THE SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE ____ REGULAR SESSION OF THE SANGGUNIANG BAYAN OF MALITA, DAVAO OCCIDENTAL HELD AT THE SB SESSION HALL, THIS MUNICIPALITY ON THE ___ DAY OF _____________, 2017.
PRESENT:
ABSENT:
RESOLUTION NO. _____
RESOLUTION ENACTING AN ORDINANCE ESTABLISHING A TECHNICAL
VOCATIONAL INSTITUTION IN THE MUNICIPALITY OF MALITA, DAVAO
OCCIDENTAL TO BE KNOWN AS MALITA TECHNICAL VOCATIONAL TRAINING
CENTER.
WHEREAS, Section 1 of Article XIV of the Philippine Constitution, re: “Education, Sciences and Technology, Arts, Culture and Sports” states that, “The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all”;
WHEREAS, Section 17 of Article II of the Philippine Constitution “mandates the State (Government) to give priority to education , sciences and technology, arts, culture and sports with the following goals: (1) to foster patriotism and nationalism; (2) to accelerate social justice and (3) to promote total human liberation and development;
WHEREAS, under No. 5, (x) of Section 447, Article III of the Local Government Code of 1991 states, “subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of the vocational and technical schools and similar post-secondary institution and, with the approval of the Department of Education, Culture and Sports (or the Technical Education and Skills Development Authority), fix and collect reasonable fees and other school charges on said institutions, subject to existing laws on tuition fees;
WHEREAS, The Municipality of Malita is the capital town of the newly created Province of Davao Occidental and subsequently a center of economic zone of the Province, thereby a technical vocational institute provides technical education to its constituents and produce pool of skilled workers in response to the needs and demands of emerging industries in the municipality or in the province;
WHEREAS, the Municipality of Malita and its neighboring communities, considering the fact that it is situated far from the city/municipality with existing technical schools, thus, forcing less fortunate individual to cease from pursuing to develop and certify their skills due to the series of increases on prime commodities, high matriculation, high cost of transportation, and other basic needs;
WHEREAS, the Benjamin V. Bautista, Sr. – Manpower Training Center is a duly existing Technical Vocational Institution subsidized by the Local Government Unit of Malita, henceforth, adopts its organizational structure and thereby change its name to be known as Malita Technical Vocational Training Center (MTVTC);
WHEREFORE, premises considered on motion of Hon. _____________________ duly seconded by Hon. ______________________, the Sanggunian;
RESOLVED, as it is hereby resolved, to enact, as it is hereby enacted, an Ordinance establishing a Technical Vocational Institution in the Municipality of Malita, Davao Occidental to be known as Malita Technical Vocational Training Center (MTVTC), to wit:
ORDINANCE NO. _____ Series of 2017
AN ORDINANCE ESTABLISHING A TECHNICAL VOCATIONAL INSTITUTE IN THE MUNICIPALITY OF MALITA, PROVINCE OF DAVAO OCCIDENTAL TO BE KNOWN AS MALITA TECHNICAL VOCATIONAL TRAINING CENTER (MTVTC).
BE IT ORDAINED by the _____ Municipal Council of Malita in session assembled, that:
SECTION 1. Title of this Ordinance: “An Ordinance Establishing a Technical Vocational Institute in the Municipality of Malita, Province of Davao Occidental to be known as Malita Technical Vocational Training Center (MTVTC).
SECTION 2. Provisions. The Malita Technical Vocational Training Center’s (MTVTC) primary purpose is to: SECTION 2.1. Offer Technical Vocational Education and Training (TVET) programs subject to program registration with the Technical Education and Skills Development Authority (TESDA);
a. To enact rules and regulations not contrary to law as may be necessary to carry out the purpose and functions of the technical
- vocational institute; b. To receive and appropriate all sums as may be provided, for the support of the institution in the manner it may determine, in the discretion, to carry out the purposes and functions of the school; c. To receive in trust, legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose the same when necessary for the benefit of the institution, subject to limitations, directions and instructions of the donors, if any; d. To fix tuition fees and other necessary school charges, such as but not limited to training fees, assessment fees, graduation fees, miscellaneous fees and other fees. The Board may deem proper to impose after due consultations with the involved stakeholders.
- (^) Such fees and charges, including government subsidies and other income generated by the institution, shall constitute special trust funds and shall be deposited in any authorized government depository bank, and all interest that shall accrue therefrom shall form part of the same fund for the use of the institution;
- Any income generated by the school from the training fees as well as from the auxiliary services and land grants shall be retained by the institution and may be disbursed by the Board of Trustees for instruction, research extension, or other program/projects of the school. Provided, that all fiduciary fees shall be disbursed for a specific purpose for which that are collected;
- If, for reasons beyond its control, the school shall not be able to pursue any project for which funds have been appropriated and, allocated under its approved program of expenditures, the Board of Trustees 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 institution. e. To adopt and implement a socialized scheme of training fees and other school fees for greater access to poor but deserving students; f. To approve Annual and Supplemental Budget for the operation and maintenance of the school; g. To authorize the construction or repair of its building, machineries, equipment and other facilities and the purchase and acquisition of real and personal properties including necessary supplies and materials, tools, and equipment. Purchase and other transactions entered into by the institution through the Board of Trustees shall exempt from all taxes and duties;
h. To appoint personnel upon the recommendation of the administrator, faculty members, and other officials and employees; i. To fix and adjust honorarium/salaries of faculty members, administrative officials and employees subject to the provisions of the revised compensation laws, governing hours of service, 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, and to remove them for cause in accordance with the requirements of due process of law; j. To approve the curricula, institutional program and rules of discipline; k. To set policies on admission and graduation of students; l. To award honorary degrees upon person in recognition of outstanding contribution in the field of education, public service, arts, science and technology or in any field of specialization within the academic competence of non-degree courses; m. To provide fellowships for qualified faculty member and scholarship to deserving students; n. To delegate any of its powers and duties provided hereinabove to the vocational school administrator and/ or its official as it may deem appropriate so as to expedite the administration of the affairs of the school; o. To authorize an external management audit of the institution to be financed by the LGU and to institute reforms, including academic and structural changes on the basis of the audit results and recommendations; p. To enter into joint ventures with business and industry for the profitable development and management of the economic assets of the school, the proceeds of which shall be used for the development and strengthening of the institution; q. To develop consortia and other forms of linkages with local government units, institutions and agencies both public and private local and foreign in furtherance of the purposes and objectives of the institution; r. To develop academic arrangement for institution capability building with appropriate institutions and agencies, public or private, local or foreign and to appoint experts/specialist as consultants, or visiting or exchange professors, scholars, researchers, as the case maybe; s. To set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual system, open learning, mobile learning, industry based, etc. for the promotion of greater access to technical education; t. To establish policy guidelines and procedures for participative decision making and transparency within the institution;
administrative and academic management and development planning of the school for appropriate action.
SECTION 13. Operational and Maintenance Funds. For the implementation and operation of the institution, there shall be funds to be appropriated annually in the amount of Five Hundred Thousand Pesos (PhP500, 000.00).
SECTION 14. Implementation. The Municipal Mayor is hereby directed to take such steps as are necessary for the immediate implementation of this Ordinance.
SECTION 15. Separability Clause. If, for any reason, any part of provision of this Ordinance is declared invalid or unconstitutional, the remaining parts of provisions not affected thereby shall remain in full force and effect.
SECTION 16. Repealing Clause. All Ordinances, Resolution, Executive Orders or any issuances contrary thereto or inconsistent with this Ordinance are hereby repealed or amended accordingly.
SECTION 17. Effectivity Clause. This Ordinance shall take effect upon its approval.
CARRIED AND APPROVED.
ENACTED AND PASSED this ____ day of _____________________, 2017.
I HEREBY CERTIFY to the correctness of the foregoing.
LAARNI C. SARSABA
Secretary to the Sanggunian
ATTESTED:
BENJAMIN P. BAUTISTA, JR.
Vice-Mayor/Presiding Officer
APPROVED:
BRADLY L. BAUTISTA
Municipal Mayor
