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PHILIPPINE LAWS, STATUTES & CODES
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REPUBLIC ACTS
AN ACT ESTABLISHING THE NUEVA
VIZCAYA STATE UNIVERSITY IN THE PROVINCE OF NUEVA VIZCAYA BY
INTEGRATING THE NUEVA VIZCAYA STATE INSTITUTE OF TECHNOLOGY IN THE
MUNICIPALITY OF BAYOMBONG AND THE NUEVA VIZCAYA STATE POLYTECHNIC
COLLEGE IN THE MUNICIPALITY OF BANBANG, BOTH LOCATED IN THE PROVINCE OF
NUEVA VIZCAYA, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. |
Section 1. Establishment/Integration. – There is hereby established a state university in the Province of Nueva Vizcaya to be known as the Nueva Vizcaya State University, hereinafter referred to as the University, by integrating the Nueva Vizcaya State Institute of Technology in the Municipality of Bayombong and the Nueva Vizcaya State Polytechnic College in the Municipality of Bambang, both in the Province of Nueva Vizcaya. The main campus of the University shall be in Bayombong, Nueva Vizcaya. Sec. 2. General Mandate. – The University shall primarily provide advanced instruction and professional training in agriculture, arts, science, technology, education and other related fields. It shall also undertake research and extension services, and provide progressive leadership in its areas of specialization. Sec. 3. Curricular Offerings. – The University shall offer graduate,
undergraduate and short term technical courses within its areas of
specialization and according to its capabilities, as the Board of
Regents may deem necessary to carry out its objectives, particularly to
meet the needs of the Province of Nueva Vizcaya and the Region. Sec. 4. Administration. – The University shall have the general powers of a corporation set forth in the Corporation Law. The administration of the University and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the President of the University insofar as authorized by the Board. Sec. 5. Governing Board. – The Governing Board of the University shall
be the Board of Regents, hereinafter referred to as the Board, which
shall be composed of the following: (a)
The Chairman of the Commission of Higher Education chairman; The two (2) prominent citizens shall be chosen from among a list of at least five (5) persons qualified in the Province of Nueva Vizcaya, as recommended by the search committee constituted by the University president in consultation with the Chairman of CHED, based on the normal standards and qualification for the position. The term of office of the president of the federation of faculty associations, the president of the federation of student councils and the president of the federation of the alumni associations shall be contemporaneous with their respective terms of office. The two (2) prominent citizens shall serve for a term of two (2) years. Sec. 6. Promulgation and Implementation of Policies. – The Board shall promulgate and implement policies in accordance with the declared State policies on education and other pertinent provisions of the Philippine 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. Powers and Duties of the Board of Regents. – 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 existing laws: (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
donations shall be exempt from the donor’s tax 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), as amended:
Provided, That such donations shall not be disposed, transferred or
sold; A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting: Provided, however, That the chairman of the Board 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 during this meeting the president of the University as vice chairman shall be the presiding officer: Provided, further, That this proviso notwithstanding, the Chairman of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chair of the Board of Regents, in which case said CHED Commissioner shall set as the presiding officer. In the absence of the chairman of the Congressional Committee on Education, they may designate their respective representatives who shall attend the said meetings with all the rights and responsibilities of a regular member. The members of the Board shall not receive any salary but 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 existing laws and regulations. Sec. 9. The University President. – The University shall be headed by a
president, who shall render full time service. He shall be appointed by
the Board, upon recommendation of a duly constituted search committee.
He shall have a term of four (4) years and shall be eligible for
reappointment for another term. Sec. 10. The Administrative Council. – There shall be an Administrative Council consisting of the president of the University as chairman, vice presidents, deans, the directors and other officials of equal rank as members, whose duty is to review and recommend to the Board of Regents policies governing the management, administrative and development of the University. Sec. 11. The Academic Council. – There shall be an Academic Council
with the president of the University as chairman and all members of the
academic staff with the rank of not lower than assistant professor as
members. Sec. 12. The Secretary of the University. – 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 the notices of meetings. Sec. 13. The Treasurer of the University. – The Treasurer of the Philippines shall be the ex officio treasurer of the University. Sec. 14. Faculty. – 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. Scholarship Program/Admission. – The University shall provide
a scholarship program and other affirmative action programs to assist
poor but deserving students who qualify for admission to the University. Sec. 16. Academic Freedom and Institutional Autonomy. – The University shall enjoy academic freedom and institutional autonomy pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines. Sec. 17. Filing of Report. – 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 the Office of the President of the Philippines, through the Chairman of the CHED, and to both Houses of Congress, a detailed report on the progress, conditions and needs of the University. Sec. 18. Authority to Loan and Transfer Apparatus/Equipment. – The heads of the bureaus and offices of the national government are hereby authorized to loan or transfer, upon the 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 bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to the public service. The 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 regular services. Sec. 19. Assets, Liabilities and Personnel. – All assets, fixed and
movable, personnel and records of the Nueva Vizcaya State Institute of
Technology and the Nueva Vizcaya State Polytechnic College, as well as
liabilities or obligations are hereby transferred to the University.
Provided, however, That the positions, rights and security of tenure of
faculty members and personnel therein employed under existing laws
prior to their absorption by the University are not impaired. Sec. 20. Appropriations. – The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the Nueva Vizcaya State Institute of Technology and the Nueva Vizcaya State Polytechnic College, except the sums needed to continue the operations of the existing high school/s. Thereafter, such sums as may be necessary for the continued operation and maintenance of the Nueva Vizcaya State University shall be included in the annual General Appropriations Act. Sec. 21. Development Plan. Management Audit.
Organizational/Administrative/Academic Structure. – Within the 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 corresponding recommendation to DBM. Sec. 22. Incorporation of Republic Act No. 8292. – The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997," shall form part of this Act and together shall serve as the governing charter of the University. Sec. 23. Imposition of Powers. – All other powers, functions and privileges, responsibilities and limitations to state colleges/universities and/or their officials under existing laws shall be deemed granted to or imposed upon the University and/or its officials whenever appropriate. Sec. 24. Transitory Provisions. – In order to effect a smooth
transition to a state university, the Chairman of the CHED shall
appoint an officer-in-charge of the University pending the appointment
of the President of the University. Sec. 25. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 26. Effectivity. – This Act shall take effect upon its approval. Approved: March 20, 2004 |
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