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SHIRLEY BELEN R.

AALA
Board Member
Chairperson
Committee on Education & Culture

Dear Madam:

This pertains to the request for legal opinion regarding the City Ordinance No. 2018-
291 of the Sangguniang Panlungsod of Island Garden City of Samal, re: An Ordinance
Establishing a Local College Institution in the Island Garden City of Samal,
Province of Davao del Norte to be known as Samal Island City College (SICC).

Article III, Section 458 (a) (5) (x) of Republic Act No. 7160 or otherwise known as the
Local Government Code of 1991 provides for the power of the Sangguniang Panlungsod
to establish and provide for the operation of vocational and technical schools and similar
post-secondary institution. It states that:

ARTICLE III - The Sangguniang Panlungsod

Section 458. Powers, Duties, Functions and Compensation.


XXX XXX
(a) The sangguniang panlungsod, as the legislative body of the city,
shall enact ordinances, approve resolutions and appropriate
funds for the general welfare of the city and its inhabitants
pursuant to Section 16 of this Code and in the proper exercise
of the corporate powers of the city as provided for under Section
22 of this Code, and shall:
XXX XXX
(5) Approve ordinances which shall ensure the efficient and
effective delivery of the basic services and facilities as
provided for under Section 17 of this Code, and in addition
to said services and facilities, shall:

XXX XXX
(x) Subject to the availability of funds and to existing
laws, rules and regulations, establish and provide for
the operation of vocational and technical schools and
similar post-secondary institutions and, with the
approval of the Department of Education, Culture and
Sports and subject to existing law on tuition fees, fix
and collect reasonable tuition fees and other school
charges in educational institutions supported by the
city government.

Article V, Section 2 of CHED MEMORANDUM ORDER NO. 032-06, re: Policies,


Standards and Guidelines on the Establishment and Operation of Local Colleges and
Universities, states that:

ARTICLE V - Establishment of Higher Education Institutions by LGUs

SECTION 2. * All LCUs shall be established or created and/or operated


through an Ordinance duly enacted for that purpose by the Sanggunian
concerned provided that before the enactment of the same an LGU establishing
a higher education institution shall consult and coordinate with the CHED
Regional Office having jurisdiction of the place where the institution is intended
to be established to ensure full compliance with the following requirements for
review and notation of the Regional Director:
a. Feasibility study that shall contain among others the following:
need for a local higher education institution in the area, human resources
requirements of the industry to determine proposed program offerings,
target clients, availability of qualified administrators, faculty and non-
teaching personnel and financial capacity of the LGU to establish and
sustain the operation of an LCU.
b. Certification of availability of funds by the treasurer of the LGU
concerned as provided by the pertinent provisions of the Local Government
Code of 1991.

c. A project development plan to show that the LGU allocated a school


site with appropriate size and location pursuant to the applicable
provisions of the Building Code of the Philippines, blueprint of
architectural design for its buildings and other physical facilities and
provisions for acquisition of instructional materials and equipment that
comply with CHED Memorandum Orders (CMOs) pertinent to the program
to be offered.

d. A five-year institutional development plan duly approved by the


Sanggunian which shall include but not limited to the following a) annual
budgetary allocation; b) Organizational structure and composition of
governing board; and c) plantilla of positions as provided for in the
Association of Local Colleges and Universities (ALCU) Unified Merit System
duly approved by the Civil Service Commission. IcDHaT

d.1. For purposes of paragraph "c" of the immediately preceding


provision, the ALCU Unified Merit System is hereby adapted as an integral
part of this CMO.

Article IV of CHED MEMORANDUM ORDER NO. 004-07 which provides for the
Implementing Rules and Regulations (IRR) of CMO No. 32, Series of 2006, states
the Policies, Standards, and Guidelines on the Establishment and Operation of Local
Colleges and Universities (LCUs). Article IV thereof states the authority and the
guidelines for its establishment, to wit:

RULE IV - Establishment of Local Higher Education Institution

SECTION 4. Pre-requisite for Establishment. — Pursuant to the


provisions of Article III Sections 447, 458, 468 of the Local Government
Code, local government units may establish and provide for operation of a
vocational and technical school and similar post-secondary institution
subject to availability of funds, and existing laws, rules and regulations.

SECTION 5. Consultation with CHED. — The LGU proposing to enact an


ordinance to establish and operate a local Higher Education Institution
(HEI) shall consult and coordinate with the CHED Regional Office
(CHEDRO). The CHEDRO shall assist the LGU to ensure compliance with
the CHED standards and requirements on the establishment of a local
HEI.

SECTION 6. Submission of Requirements. — During the consultation,


the LGU shall submit to the CHED Regional Office (CHEDRO) the
requirements pursuant to Sections 2 to 4, Article V of CMO No. 32 series
of 2006.

SECTION 7. Review by the Regional Office. — The CHEDRO shall


conduct immediate review and evaluation of the requirements submitted
by the LGU. If requirements have been complied with, the CHEDRO shall
forward the documents to the Office of Programs and Standards (OPS), for
final review and evaluation and endorsement to the Commission En Banc
(CEB) for appropriate action.

SECTION 8. Certificate of Compliance. — After compliance with the


requirements, the Commission shall issue the Certificate of Compliance to
the LGU through the CHEDRO. If a Certificate of Compliance is not issued
by the Commission, the LGU shall be informed by the Commission through
the CHEDRO of the reason(s) thereof. In which case, the LGU may seek
further assistance from the CHEDRO.

SECTION 9. Establishment. — Upon receipt of the Certificate of


Compliance, the LGU may provide for the establishment and operation of
local HEI.

SECTION 10.Opening of Degree Programs. — A local HEI may start to


operate degree programs provided it has fully complied with all the
requirements stipulated in the policies, standards, and guidelines set by
CHED for each specific program.

In view of the duty of the State to give priority to education enshrined under Article II,
Section 17 of the Philippine Constitution. The Sanggunian Panlungsod of the Island
Garden City of Samal, Davao del Norte may very well enact an Ordinance establishing
a Local College Institution.

However, we observe that Section 5 (a) of said ordinance contains a correction as to the
number of members of the Governing board. It should be replaced to seven (7) instead
of six (6) members so as to comply the rules under CHED MEMORANDUM ORDER NO.
004-07.

This Office finds the Ordinance proper provided that it complied with the requirements
provided under Article V, Section 2 of CHED MEMORANDUM ORDER NO. 032-06 and
guidelines under Article IV of CHED MEMORANDUM ORDER NO. 004-07.

May this provide enlightenment on the matter.

Respectfully submitted.

JOHN CHRISTOPHER Z. BORJA


Legal Aide Intern

ATTY. REX B. PORRAS, CPA


Provincial Legal Officer