REPUBLIC ACT NO. 7818 - AN ACT
CONVERTING THE PALAWAN STATE COLLEGE IN THE CITY OF PUERTO PRINCESA,
PROVINCE OF PALAWAN, INTO A STATE UNIVERSITY TO BE KNOWN AS THE PALAWAN
STATE UNIVERSITY
Section 1. The Palawan State College located in the City of
Puerto Princesa, Province of Palawan, is hereby converted into a state
university to be known as the Palawan State University, hereinafter
referred to as the University.
Sec. 2. The University shall primarily provide
higher professional and special instructions for special purposes and
promote research and extension services, advanced studies and
progressive leadership in education and other fields, including geology
and oil exploration, as may be relevant.
Sec. 3. The University shall offer undergraduate
and graduate courses in the fields of education, arts and sciences, and
other degree courses as the board of regents may deem necessary to
carry out its objectives. It shall also offer opportunity in
short-term technical or vocational courses within its areas of
specialization to meet the needs of the nation.
Sec. 4. 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. The governing body 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, Commission on Higher Education,
chairman;
(b) The President of the University, vice-chairman;
(c) The Chairman of the Committee on Education of the
Senate or a member of said committee having the power to vote as his
representative, member;
(d) The Chairman of the Committee on Education of the
House of Representatives or his representative, member;
(e) The representative of the National Economic and
Development Authority, member;
(f) The president of the faculty association of the
University, member;
(g) The president of the supreme student council of
the University, member;
In addition, the Board may appoint the following as members, when
deemed necessary:
The president of the alumni association of the University;
The president of the employees association of the University; and
The Chairman of the Committee on Education of the Sangguniang
Panlungsod and the Chairman of the Committee on Education of the
Sangguniang Panlalawigan.
The presidents of the alumni association and of the employees
association as well as the chairmen of the committees on Education of
the Sangguniang Panlungsod and the Sangguniang Panlalawigan so
appointed by the Board and the representatives of the Senate and the
House committee chairmen shall have the same powers, authority, and
privileges as the regular members of the Board.
The Chairman, Commission on Higher Education, the President of the
University, the education committee chairmen of the Senate and the
House, and the representative of the National Economic and Development
Authority, shall serve in an ex officio capacity, while the presidents
of the faculty association and of the supreme student council and, when
deemed necessary, the presidents of the alumni association and of the
employees association shall serve for one (1) year, and when likewise
necessary, for the chairmen of the committees on education of the
Sangguniang Panlungsod and the Sangguniang Panlalawigan one shall serve
for four (4) years and the other for two (2) years.
Sec. 6. 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, science and technology, arts, culture and sports.
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 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;
(b) To import duty-free essential commodities,
materials and equipment for educational or technological programs as an
exception to existing laws, provided such commodities, materials and
equipment are not available locally;
(c) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds and to administer and
dispose the same when necessary for the benefit of the University and
subject to the limitations, directions and instructions of the donor,
if any. Such donations shall be exempt from all taxes and shall
be considered as deductible items from the income tax of the donor;
(d) To fix the tuition fees and other necessary
school charges such as, but not limited to, matriculation fees,
graduation fees, and laboratory fees, as the Board may deem proper to
impose;
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 interest that shall accrue therefrom shall form part of the same
funds for the use of the University.
The income generated by the University may, at the discretion of the
University, be disbursed for the professional growth and development,
health, welfare and other similar benefits of the faculty members and
personnel for extension and student welfare expenses so that the
flexibility on use of income shall be focused on faculty, personnel
improvement and student welfare activities, and for expenses necessary
for the attainment of its purposes under this Act.
(e) To authorize the construction or repair of its
buildings, machineries, equipment and other facilities and the purchase
and acquisition of real and personal properties, including necessary
supplies, materials and equipment. Purchases and other
transactions entered into by the University through the Board shall be
exempt from all taxes and duties;
(f) To confirm appointments of vice-presidents,
deans, directors, heads of departments, faculty members, and other
officials and employees of the University made by the President of the
University;
(g) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(h) To confer degrees upon successful candidates for
graduation, to award honorary degrees upon persons in recognition of
outstanding contribution in the field of education, public service,
arts, science and technology or in any field of specialization, and to
authorize the award of certificates for completion of non-degree and
non-traditional courses;
(i) To establish branches within the Province of
Palawan if and when it becomes essential and necessary where there is
no existing school offering similar programs or courses to promote and
carry out equal access to education opportunities as mandated by the
Constitution; and
(j) To establish chairs in the University and to
provide fellowships for qualified faculty members and scholarships to
deserving students.
Sec. 8. A quorum of the Board shall consist of a
majority of all members holding office at the time of the meeting:
provided, however, that among those present is the Chairman, Commission
on Higher Education, who is chairman of the Board, or the President of
the University who acts as presiding officer in the former's absence.
The Board shall convene regularly once every two (2) months. The
chairman of the Board may call a special meeting whenever necessary.
The members of the Board shall not receive salary but shall be entitled
to reimbursement for actual and necessary expenses incurred either in
attendance in meetings of the Board or in other official business
authorized by resolution of the Board subject to existing laws on
honoraria and allowances.
Sec. 9. The University shall be headed by a
president to be appointed by the President of the Philippines upon
recommendation of the Board and shall hold office for a term of six (6)
years without reappointment unless he reaches the age of retirement or
earlier removed for cause or incapacitated to discharge the duties of
the office.
In case of a vacancy in the Office of the President by reason of death,
resignation, incapacity of the President to perform the functions of
his office, or removal for cause, the Board shall have the authority to
designate an officer-in-charge of the University pending the
appointment of a successor. The new President shall hold office
for the unexpired term but in no case shall his term be more than six
(6) years subject to the provision of the preceding paragraph.
In order not to disrupt the operation of the institution and to insure
the smooth transition from college to university, the incumbent
President of the College shall serve as the President of the Palawan
State University until the expiration of his present term.
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 university.
The salary of the President of the University shall be fixed by the
Board and shall be comparable to that being received by the president
of similar educational institutions of like enrollment and standing
subject to the Revised Compensation and Position Classification System.
SECTION 10. The President of the University, whose
term may be terminated according to this Act, shall be entitled to full
retirement benefits under existing laws.
SECTION 11. 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,
whose duty is to implement the policies governing the administration,
management, and development planning of the University as approved by
the Board.
SECTION 12. 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
professors 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 conferring of degrees
subject to review and/or approval by the Board through the President of
the University. It shall also have disciplinary powers over the
students through the President within the limits prescribed by the
rules of discipline as approved by the Board.
SECTION 13. There shall be a secretary of the
University who shall be appointed by the Board upon recommendation of
the President of the University. He shall also be the secretary
of the Board and shall keep such records of the University as may be
determined by the Board.
SECTION 14. The Treasurer of the Philippines shall
the ex officio treasurer of the University.
SECTION 15. 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.
SECTION 16. No student shall be denied admission to
the University by reason of sex, nationality, religion or political
affiliation.
SECTION 17. The University shall enjoy academic
freedom.
SECTION 18. On or before the fifteenth day of the
second month after the opening of regular classes each year, the Board
shall file with the Office of the President of the Philippines, through
the Chairman, Commission on Higher Education, and to both Houses of
Congress, a detailed report on the progress, conditions and needs of
the University.
SECTION 19. All accounts and expenses of the
University shall be audited by the Commission on Audit or its duly
authorized representative.
Sec. 20. The 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 bureau or office,
such apparatus, equipment, supplies or services of such employees can
be spared without serious detriment to the public service. The
employee 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 service.
Sec. 21. It shall be a continuing policy of the
University to accept the affiliation and/or integration within its
operation of any existing national schools whose program can contribute
largely and effectively to the attainment of its objectives: provided,
however, that in case of integration, the Chairman, Commission on
Higher Education is hereby authorized to determine and approve the
specific existing national schools that are to be integrated as part of
the Palawan State University. In this particular case, it is
understood that all funds, properties and other assets, as well as
obligations of the integrated schools shall be transferred to the
University.
Sec. 22. All the assets, fixed and movable,
records, and personnel of the Palawan State College, as well as
liabilities or obligations, are hereby transferred to the University:
provided, however, that the positions, rights, and security of tenure
of personnel therein under existing laws prior to absorption by the
University are not impaired: provided, further, that the incumbent of
the positions shall remain in the same status until otherwise provided
for by the Board. All parcels of land belonging to the government
occupied by the Palawan State College are hereby declared to be the
property of the Palawan State University and shall be titled under that
name; Provided, 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
Palawan.
Sec. 23. The amount necessary for the
implementation of this Act shall be charged against the current year's
appropriations of the Palawan State College. Thereafter, such sums as
may be necessary for its operation and maintenance shall be included in
the annual General Appropriations Act.
Sec. 24. 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. 25. This Act shall take effect upon its
approval.
Approved: November 12, 1994
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