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PRESIDENTIAL DECREE NO. 2010
PRESIDENTIAL DECREE NO. 2010 -
CONVERTING THE MOUNTAIN STATE AGRICULTURAL COLLEGE IN THE MUNICIPALITY
OF LA TRINIDAD, PROVINCE OF BENGUET, INTO A UNIVERSITY, TO BE KNOWN AS
THE BENGUET STATE UNIVERSITY, AND APPROPRIATING FUNDS THEREFOR
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WHEREAS,
the Constitution of the Philippines directs the State to establish and
maintain a complete, adequate, and integrated system of education
relevant to the goals of national development and further prescribes
that all educational institutions shallm to develop scientific,
technological and vocational efficiency;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 6-A also known as the
Educational Decree of 1972, it has been declared a policy of the
government to re-orient the educational system toward an accelerated
national economic growth and meaningful social development;chanroblesvirtualawlibrary
WHEREAS, the establishment of a state university in the Province of
Benguet will provide better educational services to the people of these
economically and socially depressed provinces by bringing closer to
them university education and training in the arts, sciences,
humanities, technology and other socio-cultural areas, as well as
conduct scientific researches and technological studies;chanroblesvirtualawlibrary
WHEREAS, the present purely agricultural curricular offerings of the
College will be expanded to provide for a complete, adequate and
integrated system of education relevant to the goals of the national
government; in particular, to develop scientific, technological,
vocational and other professional courses;chanroblesvirtualawlibrary
WHEREAS, the establishment of the university will be a direct
responsible to the urgent need for a faster pace of economic
development and social-political progress of the depressed area
inhabited predominantly by our cultural minorities of the North. The
development of the natural and manpower resources of the area will
greatly be enhanced by making available to the people in the area
relevant, and more easily accessible university education at a cheaper
cost; and
WHEREAS, dispersal of higher institutions of learning to the provinces
to decongest Metro Manila and other cities thickly populated with
students is in line with the policy of the New Order. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. The present Mountain State Agricultural
College located in the municipality of La Trinidad, Province of
Benguet, is hereby converted into a state university to be known as the
Benguet State University (BSU), hereinafter referred to as the
University.
Section 2. The University shall provide graduate and
undergraduate courses in the arts, sciences, humanities and
professional fields in agriculture, natural sciences, technology, and
other technical and professional courses as the Board of Regents may
determine and deem proper. It shall also promote researcher, extension,
agribusiness and advanced studies and progressive leadership in its
field of specialization. chanroblesvirtualawlibrary
Section 3. There shall be organized in the
University of Horticultural Research and Training Institute (HORTI) and
other relevant research centers to develop technologies on sub-tropical
agriculture and natural resources which will backstop and enhance the
growth and development of the Cordillera area and other highland areas.
Section 4. The governing board of the University
shall be the Board of Regents to be composed of the Minister of
Education, Culture and Sports as Chairman, the President of the
University as Vice-Chairman, the Regional Director of the National
Economics and Development Authority (NEDA), and Two (2) prominent
citizens of the Region, one of whom must be an alumnus of the
University who have distinguished themselves in their respective
professional or field of specialization to be appointed the Minister of
Education, Culture and Sports, in consultation with the other members
of the Board. The Minister of Education, Culture and Sports may
designate his representative to sit him in meetings of the Board of
Regents: Provided, that; one of the two first appointive Regent shall
serve for one (1) year, and the other for two (2) years. Thereafter,
the appointees shall hold office for a term of two (2) years. In case
of permanent vacancy, the appointee shall hold office for the unexpired
term only.
Section 5. A quorum of the Board of Regents shall
consist of a majority of all the members holding office at the time of
the meeting. All processes against the University shall be served to
the Chairman of the Board or to the President of the University. chanroblesvirtualawlibrary
Section 6. The management of the University and the
exercise of its corporate powers are hereby vested in the Board of
Regents, and in the President of the University in so far as authorized
by the Board of Regents.
Section 7. The Chairman and Members of the Board of
Regents shall serve without compensation, but they may be entitled to a
moderate honorarium or allowance per month, and reimbursement of actual
and necessary expenses incurred in attendance to meetings or other
official business duly authorized by the Board of Regents.
Section 8. The head of the University shall be known
as the President of the Benguet State University who shall be appointed
by the President of the Philippines upon recommendation of the Minister
of Education, Culture and Sports after consultation with the Board of
Regents. He shall have the powers and perform duties pertaining to the
office of university president, in addition to those specifically
provided for in the decree.
Section 9. The Board of regents shall have the
following powers and duties in addition to its general powers of
administration and supervision and the exercise of all the powers of a
corporation as provided in Section Thirty-Six of Batas Pambansa Bilang
68, otherwise known as the Corporation Code of the Philippines:cralaw:red
a. To receive and appropriate to the ends specified
by law such sums money as may be provided for the support and
maintenance of the University;chanroblesvirtualawlibrary
b. To prescribe rules for its own government and to
enact for the government of the University such rules and regulations
not contrary to law, as may be necessary to carry out the purpose and
functions of the University;chanroblesvirtualawlibrary
c. To import commodities for educational purposes,
duty-free as an exception to existing laws as well as to receive in
trust legacies, gifts, and donations of real and personal property of
all kinds, to administer the same for the benefit of the University,
specific department thereof, or ford to any student in accordance with
the discretion and instruction of the donor, or in default thereof, in
much manner as the Board of Regents may in its considered deductible
items for the income tax returns of the donors;chanroblesvirtualawlibrary
d. To approve the curricular and rules of discipline
drawn by the University Council as hereinafter provided;chanroblesvirtualawlibrary
e. To confer degrees upon successful candidates for
graduation and to such other candidate as may be qualified; to award
honorary degrees upon persons in recognition or learning, public
service, statemanship or prominence in any field of specialization of
the University; to authorize the University President to award
certificates for completion of non-degree program;chanroblesvirtualawlibrary
f. To appoint or recommendation of the President of
the University — vice-presidents, deans, directors, heads of
departments, professors, instructors and other officials and employees
of the University; to fix their compensation hours of service, and such
after due investigation and hearing; chanroblesvirtualawlibrary
g. To establish chairs in the University and to
provide fellowships for qualified faculty members and other
scholarships to deserving students;chanroblesvirtualawlibrary
h. To fix the tuition fees, matriculation,
graduation, laboratory, and other special fees and charges as if may
proper to impose. Such fees and charges including other income
generated by the University shall be taken up in the books of accounts
of the University in accordance with existing rules and regulations;chanroblesvirtualawlibrary
i. To constitute a revolving fund out of income
derived from production and other income generating projects;chanroblesvirtualawlibrary
j To authorize the University President to enter
into contracts and/or negotiate for the construction, repair and
acquisition of buildings, machineries, equipment and other physical
facilities, or to acquire loans for improving them. chanroblesvirtualawlibrary
k. To authorize the University President to enter
into formal agreements or consortia with academic, research and of
institutions both here and abroad, subject to certain guidelines to be
framed by the University Council and final approval by the Board of
Regents; and
l. To name after prominent Filipinos or heroes hall
buildings, grounds or branch of the University;chanroblesvirtualawlibrary
Section 10. Any member of the faculty or of the
non-teaching staff of the University shall be under penalty of
dismissal by the Board of Regents if he attempts directly or indirectly
to influence students of the University towards any ideology, political
or otherwise, which preaches the overthrow of the government of any of
its instrumentalities through violence or subversion. chanroblesvirtualawlibrary
Section 11. No student shall be denied admission to
the University by reason of age, sex, nationality, religion, or
political affiliation.
Section 12. There shall be an Administrative Council
consisting of the University President as Chairman, and the
Vice-Presidents, Deans, Directors, and other officials as may be
designated by the University President as members, whose duty shall be
to prepare and promulgate general policies of the University governing
personnel, financial management and development planning, subject to
approval by the Board of Regents.
Section 13. There shall be University Council
composed of the University President as Chairman, Vice-Presidents,
Deans, heads of departments, professors, associate professors and
assistance professors. The University Council shall have the power to
recommend students and other deserving individuals to be recipient of
degrees or awards. It shall have disciplinary power over the students
within the limits prescribed by the rules and regulations on discipline
approved by the Board of Regents.
Section 14. There shall be a College Council in each
College or unit of the University with the Dean as Chairman and all the
faculty of the College or unit as members.
Section 15. There shall be a Secretary of the
University who shall be appointed by the Board of Regents. He shall
also be the Secretary of the Board of Regents. He shall keep records of
the University and such other documents as may be directed by the Board
of Regents. chanroblesvirtualawlibrary
Section 16. Heads of bureaus, agencies and offices of
the national, provincial, city, municipal governments are hereby
authorized to loan or transfer upon requests of the University such
apparatus and supplies as may be needed by the University and to detail
employee or employees for duty therein when in the judgment of the head
of the Bureau or office, such employee can be spared without serious
detriment to the public service. Employees so detailed shall perform
such duty as required under such detail and the time so employed shall
be counted as part of their regular official service. chanroblesvirtualawlibrary
Section 17. The provincial government of the Province
of Benguet, Mountain Province, Ifugao and Kalinga-Apayao hereby
directed to cooperate with the University in setting up and sponsoring
a Special Cultural Office of the University which shall gather,
collate, and synchronize the teaching, preservation, and integration of
the socio-cultural heritage of the various ethnic tribes of the
mountain region into the national socio milieu. For this purpose, the
four provinces may each sponsor at least one professional chair in the
University.
Section 18. The University is hereby authorized to
integrate into its systems other educational institutions within the
Province of Benguet and/or other Mountain Provinces that may be
qualified vis-a-vis the standards set by the University as approved by
the Board of Regents.
Section 19. The Treasurer of the Philippines shall be
the ex-officio Treasurer of the University, and all accounts and
expenses hereof shall be audited by the Commission on Audit in
accordance with existing rules and regulations, except as provided by
this Decree.
Section 20. All the present officials, administrative
staff, members of the faculty and employees of the Mountain State
Agricultural College shall be absorbed by the University with their
respective position, designation, and ranks. All the assets, records
and appropriations of the Mountain State Agriculture College shall be
transferred to the Mountain State University. chanroblesvirtualawlibrary
Section 21. All parcels of land that are reserved for
the Mountain State Agricultural College and for other educational
institutions that may be integrated into the University, or their
predecessors interests under various Executive Orders or Proclamation
are hereby declared the property of the Benguet State University. All
such parcels, registered or unregistered, shall be titled in the name
of the University and, in the documentation process, the University
shall be exempt from paying taxes; such real estate property of the
University shall also be exempt from taxes that are ordinarily or
usually levied on private properties.
Section 22. The Minister of Education, Culture and
Sports is hereby directed to take such steps as are necessary for the
immediate implementation of this law. For this purpose, he is hereby
authorized to create a technical committee to advise the Board of
Regents of the University toward the proper establishment, development,
and expansion of the program of the University.
Section 23. In addition to the present appropriations
of the Mountain State Agricultural College, the sum of Five Million
Pesos (P5,000,000.00) is hereby appropriated out of the Funds of the
National Treasury not otherwise appropriated to carry out the purposes
of this decree. Thereafter, funds needed for the maintenance and
constituted support and operation of the University shall be included
in the annual General Appropriations Act.
Section 24. The Board of Regents shall submit to the
President of the Philippines a detailed report setting forth the
programs, conditions, needs, and plans of the University within sixty
(60) days after the close of each school calendar year.
Section 25. The President of the Philippines and the
two ranking officials of the Republic of the Philippines shall
constitute the Board of Visitors of the University, whose function
shall be to make visits to the University at such time and date as they
may determine or deem proper, to examine the property, courses of
study, discipline, accounts, and general conditions of the
University. chanroblesvirtualawlibrary
Section 26. Republic Act No. 5923, otherwise known as
the Chapter of the Mountain Agricultural College, Presidential Decree
No. 1437, defining the composition and powers of the governing Board,
the appointment and term of office of the presidents of chartered state
colleges and acts, decrees, or executive orders contrary to or
inconsistent with this decree are hereby repealed or amended
accordingly.
Section 27. This decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 12th day of January, in the year of Our Lord, nineteen hundred and
eighty-six.
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