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AN ACT CONVERTING THE AKLAN STATE
COLLEGE OF AGRICULTURE IN THE MUNICIPALITY OF BANGA, PROVINCE OF AKLAN
INTO A STATE UNIVERSITY TO BE KNOWN AS THE AKLAN STATE UNIVERSITY,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. |
Section 1. The Aklan State College of Agriculture (ASCA),
located in the
Municipality of Banga, Province of Aklan is hereby converted into a
state university to be known as the Aklan State University, hereinafter
referred to as the University. (a)
The chairman of the Commission on Higher Education (CHED), chairman; The term of office of the president of the faculty association, the president of the student council, and the president of the alumni association shall be coterminous with their respective terms of office. In the event that the University shall have more than one (1) campus, the faculty, alumni and the student council shall be represented by the presidents of the federations. The two (2) prominent citizens shall serve for a term of two (2) years. In case of vacancy in the office of the president, the officer-in-charge of the University designated by the Board shall serve for the unexpired term only. Sec. 6. The Board shall promulgate and implement policies in accordance with the declared state policies on education and other pertinent provisions of the Constitution on education, agriculture, science and technology, as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722. Sec. 7. The Board 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 board of directors of a corporation under Sec. 36 of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the Philippines: (a)
To enact rules and regulations, not contrary to law, as may be
necessary to carry out the purposes and functions of the University; Such
fees and charges, including government subsidies and other income
generated by the University, shall constitute special trust funds and
shall be deposited in any authorized government depository bank, and
all interests that shall accrue therefrom shall form part of the same
funds for the use of the University. A quorum of the Board shall consist of majority of all members holding office at the time of the meeting: Provided, however, that the chairman of the CHED or the president of the University is among those present in the meeting. In the absence of the chairman of the CHED, a commissioner of the CHED, duly designated by him, shall represent him in the meeting with all the rights and responsibilities of a regular member: Provided, however, that in the said meeting, the president of the University as the vice chairman shall be the presiding officer. The members of the Board shall not receive any salary but they shall be entitled to reimbursements for actual and necessary expenses incurred, either in their attendance to meetings of the Board or in connection with other official business authorized by resolution of the Board, subject to pertinent existing laws and regulations. Sec. 9. The University shall be headed by a president who shall render full-time service. He shall be appointed by the Board upon the recommendation of a duly constituted search committee. He shall hold office for a term of four (4) years, extendible only for another four (4) years. In case of vacancy in the office of the president by reason of death, compulsory retirement, resignation, removal for cause or incapacity of the president to perform the functions of his office, the Board shall have the authority to designate an officer-in-charge pending the appointment of a new president. In case of vacancy in the office of the president as mentioned in the immediately preceding paragraph, his successor shall hold office for the unexpired term. If the successor shall serve for a period of more than two (2) years, then such shall be considered as one full term for the successor. The powers and duties of the president of the University, in addition to those specifically provided in this Act, shall be those usually pertaining to the office of the president of a similar university and those delegated by the Board. The salary of the president of the University shall be in accordance with the Revised Compensation and Position Classification System and shall be comparable to that being received by other presidents of similar educational institutions of like standing. Sec. 10. There shall be an administrative council consisting of the president of the University as chairman, the vice president(s), deans, directors and other officials of equal rank as members, and whose duty is to review and recommend to the Board policies governing the administration, management and development planning of the University for appropriate action. Sec. 11. There shall be an academic council with the president of the University as chairman and all members of the instructional staff, with the rank of not lower than assistant professor, as members. The academic council shall have the power to prescribe curricular offerings, subject to the approval of the Board. It shall fix the requirements for admission to the University, as well as for graduation and the conferment of degrees, subject to review and/or approval by the Board through the president of the University. It shall have disciplinary power over students and shall formulate academic policies and rules and regulations on discipline. Such policies, rules and regulations shall be approved by the Board. Sec. 12. The Board shall appoint a secretary who shall serve as such for both the Board and the University and shall keep all records and proceedings of the Board. He shall communicate to each member of the Board notice of meetings. Sec. 13. The Treasurer of the Philippines shall be the ex officio treasurer of the University. Sec. 14. No religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the University: Provided, however, that no member of the faculty shall teach for or against any particular church or religious sect. Sec. 15. In order to ensure the smooth transition to a university, the incumbent president of the Aklan State College of Agriculture, shall serve as the first president of the University, subject to the provision of Sec. 9 of this Act. The remaining term of the incumbent president of the Aklan State College of Agriculture shall be counted as his first term as University president. Sec. 16. All assets, fixed and movable, personnel and records of the Aklan State College of Agriculture, as well as liabilities or obligations, are hereby transferred to the University: Provided, however, that the positions, rights and security of tenure or personnel employed therein under existing laws prior to its conversion into a university are not impaired: Provided, further, that the incumbents of existing position shall remain in the same status until otherwise provided by the Board. All parcels of land belonging to the government and occupied by the Aklan State College of Agriculture and the ten hectares (10 has.) Calangcang properties are hereby declared to be the property of the University and shall be titled under its name: Provided, finally, that should the University cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the University, the same shall revert to the Province of Aklan. Sec. 17. Heads of bureaus and offices of the national government are hereby authorized to loan or transfer, upon request of the president of the University, such apparatus, equipment or supplies as may be needed by the University, and to detail employees for duty therein when, in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without detriment to the public service. Employees so detailed shall perform such duties as required of them by the president of the University, and the time so employed shall be counted as part of their official service. Sec. 18. The University shall provide a scholarship program and other affirmative action programs to assist poor but deserving students to qualify for admission to the University. At least twenty percentum (20%) of annual enrollees shall be allocated to students whose families live below the poverty level. No student shall be denied admission to the University by reason of sex, religion, cultural or community affiliation or ethnic origin. Sec. 19. The University shall enjoy academic freedom. Sec. 20. On or before the fifteenth (15th) day of the second month after the opening of the regular classes each year, the Board shall file with both Houses of Congress a detailed report on the progress, condition and needs of the University. Sec. 21. The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of the Aklan State College of Agriculture, except the sum needed to continue the operations of the existing high school. Thereafter, such sums as may be necessary for the continued operation and maintenance of the Aklan State University shall be included in the annual General Appropriations Act. Sec. 22. Within a period of one hundred twenty (120) days after the approval of this Act, the University shall accomplish the following: (a)
Submit a five (5) year development plan, including its corresponding
program budget, to the CHED for appropriate recommendation to the
DBM; Sec. 24. The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997" shall form an integral part of this Act and together shall serve as the governing charter of the University. Sec. 25. All other powers, functions, privileges, responsibilities and limitations to state universities and/or its officials under existing laws shall be deemed granted to or imposed upon the University and/or its officials whenever appropriate. Sec. 26. All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 27. This Act shall take effect upon its approval. Approved: April 04, 2001. |
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