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BATAS PAMBANSA BILANG. 145BATAS PAMBANSA BLG. 145 - AN ACT
CONVERTING THE LUCBAN NATIONAL COLLEGE, ITS UNITS AND BRANCHES INTO THE
SOUTHERN LUZON POLYTECHNIC COLLEGE, PROVIDING A CHARTER FOR THIS
PURPOSE, EXPANDING ITS CURRICULAR OFFERINGS, AND REDIRECTING ITS
OBJECTIVES
Section 1. The
present Lucban National College, its branches and units, are hereby
converted into a state college to be known as Southern Luzon
Polytechnic College, hereinafter referred to in this Act as the State
College.
Sec. 2. The State College shall primarily provide
higher technological, professional, occupational, vocational
instruction and training in the applied arts and sciences. It shall
also promote applied research, advanced studies and progressive
leadership in its areas of specialization.
Sec. 3. The governing body of the State College
shall be the Board of Trustees of the Southern Luzon Polytechnic
College which shall be composed of the following:
Minister of Education and Culture, Chairman;
President, Southern Luzon Polytechnic College, Vice Chairman;
Representative of the National Economic and Development Authority
(NEDA), Member, and
Two (2) prominent citizens who have distinguished themselves in the
professions of fields of specialization of the Southern Luzon
Polytechnic College, one representing the alumni of the state college,
the other chosen from prominent citizens in the municipality or
province where the State College is located, to be appointed by the
President of the Philippines upon recommendation of the Minister of
Education and Culture, as Members.
The first group of appointive trustees shall serve for two (2) years
and four (4) years, respectively. Thereafter, the appointees shall hold
office for a term of four (4) years. In case of vacancy, the appointee
shall hold office for the unexpired term only.
In the absence of the Minister of Education and Culture, the Minister
shall authorize a representative, preferably the Deputy Minister of
Education and Culture and at least a Director, to sit in the meetings
of the Board: Provided, however, That during these meetings, the
President shall preside as Vice Chairman of the Board.
Sec. 4. The governing board shall exercise policy
making functions in accordance with the general policies, plans, and
programs on national and regional development as may be issued by the
National Economic and Development Authority (NEDA). The Minister of
Education and Culture as Chairman of the governing board, shall see to
it that the general education policies, plans and programs as
formulated and promulgated are adopted and observed by the State
College.
Sec. 5. The Board of Trustees shall have the
following specific powers and duties in addition to the general powers
as provided in Section Thirty-six of Batas Pambansa Blg. 68, otherwise
known as the Corporation Code of the Philippines:
(a) To enact for the government of the State College
such rules and regulations not contrary to law as may be necessary to
carry out the purpose and functions of the State College;
(b) To receive and appropriate to the ends specified
by law, such sums as may be provided for the support of the State
College;
(c) To import duty-free essential commodities and
materials for advanced educational or technological programs as an
exception to existing laws: Provided, That such commodities or
materials are not available locally; and 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 State College or for aid to
any student in accordance with the directions and instructions of the
donor, and in default thereof, in such manner as the governing board
may in its discretion determine. Such donations shall be exempt from
all taxes and shall be considered as deductible items from the income
tax of the donors;
(d) To approve the curricula and rules of discipline
drawn by the Administrative and Academic Councils as hereinafter
provided:
(e) To confer degrees upon successful candidates for
graduation, to award honorary degrees upon persons in recognition of
learning, public service, statesmanship or eminence in any field of
specialization of the State College, and to authorize the President of
the State College to award certificates for completion of non-degree
programs;
(f) To confirm appointments of vice presidents,
secretary, deans, directors, and other officials and employees of the
State College made by the President; to fix their compensation, hours
of service, and such other duties and conditions as the governing board
may promulgate, in accordance with the provisions of existing laws; to
remove them for cause after investigation and hearing;
(g) To establish Chairs in the State College and to
provide fellowships for qualified faculty members and scholarships to
deserving students;
(h) To fix tuition fees and such other necessary
school charges as the governing board may deem proper to impose. Such
fees and charges, including other incomes generated by the State
College, shall constitute a special trust fund for the exclusive laws
to the contrary notwithstanding; and
(i) To authorize the construction or repair of its
buildings, machinery, equipment and other facilities and the purchase
of necessary supplies, materials and equipment; any provision of the
law to the contrary notwithstanding: Provided, however, That the funds
for the purpose shall come from the authorized appropriations of the
State College.
Sec. 6. A quorum of the governing board shall
consist of a majority of all the members holding office at the time of
the meeting: Provided, however, That among those present are the
Minister of Education and Culture, who is Chairman of the Board, or the
President, who acts as presiding officer in the former's absence.
All processes against the State College shall be served on the
President of the State College or his duly authorized representative.
Sec. 7. The members of the governing board shall
not receive compensation but shall be reimbursed for actual and
necessary expenses incurred in their attendance of meetings or other
official functions authorized by the Board.
Sec. 8. The head of the College shall be known as
the President of the Southern Luzon Polytechnic College, who shall be
appointed by the President of the Philippines upon recommendation of
the Minister of Education and Culture after consultation has been made
with the Board of Trustees. He shall serve for a term of six (6) years.
In case of vacancy by reason of death, absence or resignation, the
Minister of Education and Culture shall have the authority to designate
an Officer-in-Charge of the State College pending the appointment of
the President.
The powers and duties of the President of the State College, in
addition to those enumerated in the succeeding section, shall be those
normally pertaining to the Office of the President of a State College:
Sec. 9. Specifically, the President of the State
College shall have the following powers and duties, in addition to
those normally appertaining to the Office of the President of a State
College:
(a) He shall be the chief executive officer of the
College. As such, progressive and dynamic, intellectual and
administrative leadership in the College is expected of him and vested
in him;
(b) He shall be the head of the College faculties and
any unit or branch thereof;
(c) He shall have the general supervision over all
academics as well as business or financial operations of the State
College;
(d) He shall promulgate and enforce general policies
affecting any unit of the College, and take such actions which in his
judgments are necessary for the protection of property and general
interest of the State College, students and personnel and for the
operation of the State College as a whole, and shall inform the Board
on all matters relating to the operation and welfare of the State
College;
(e) He shall appoint qualified persons to fill all
vacancies and new positions subject to the approval of the Board and
make such other arrangements to meet emergencies occurring between
meetings of the Board so that the work of the College shall not suffer;
(f) He shall institute disciplinary action against
any member of the State College personnel, whose actions adversely
affect the general interest of the State College;
(g) He shall decide appeals in controversies between
ranking officials of the State College, his decisions being final and
conclusive;
(h) He shall grant or deny sabbatical, maternity
vacation and sick leaves and leaves of absence with or without pay
and/or extension of such leaves as well as extension of fellowships or
any form of scholarship for a period not exceeding one academic year if
the budget permits and for reasons he may deem satisfactory;
(i) He shall make ad interim appointments;
(j) He shall grant or withhold permission to reveal
confidential matters or information affecting the State College or any
unit thereof, as well as any action taken by the Board of Trustees;
(k) He shall grant permission for the use of
buildings and premises of the State College for academic, professional
and scientific conventions, seminars for students and related
activities, and to fix the fee therefor;
(l) He is authorized to join in the execution of all
contracts, deeds, and instruments for the proper conduct of the
business of the State College and to assign the same in behalf of the
State College;
(m) He shall prepare an annual report on the work of
the past year and needs of the current year including a budget with
estimates of income and expenditures; and
(n) He shall have such other powers as may be
specifically authorized by the Board of Trustees. He may delete in
writing of his specific functions to any office of the State College.
Sec. 10. There shall be an Administrative Council
of the State College consisting of the President of the State College
as chairman, and the vice presidents, deans, directors and other
officials of equal rank as members, whose duty shall be to implement
policies governing the administration, management and development
planning of the State College as approved by the governing board.
Sec. 11. There shall be an Academic Council of the
State College with the President as chairman and all professors and
members of the instructional staff as members.
The Academic Council shall have the power to prescribe the curricula
and rules of discipline of the State College subject to the approval of
the Board of Trustees. It shall fix the requirements for admission to
the State College as well as for the review of the Board of Trustees.
The Council shall likewise have the power to recommend students to be
recipients of degrees. Through the President of the State College or
his duly authorized representative, the Council shall have disciplinary
power over the students of the State College within the limits
prescribed by the rules of discipline as approved by the Board of
Trustees.
Sec. 12. Members of the faculty of the State
College shall be exempt from any civil service examination or
regulation as a requisite for appointment. No religious test shall be
applied nor shall religious opinion or affiliation be a matter of
inquiry in the appointment of faculty members of the State College:
Provided, however, that no member of the faculty shall teach for or
against any particular church or religious sect.
Sec. 13. No student shall be denied admission to
the State College by reason of sex, nationality, religion or political
affiliation.
Sec. 14. It shall be the concern of the State
College to disperse its program in the countryside through a system of
provincial branches, as may be determined by the Board of Trustees.
Sec. 15. All parcels of land, buildings, equipment
and facilities, school personnel and records owned by the Lucban
National College, its branches and units and such other national
schools as may be integrated by virtue of this Act, including their
obligations and appropriations thereof, shall stand transferred to the
Southern Luzon Polytechnic College; Provided, however, That said
national schools shall continue to receive their corresponding shares
from the education fund of the municipal/provincial/city government
concerned, as are now enjoyed by them in accordance with existing laws
and/or decrees.
Sec. 16. It shall be a continuing policy of the
State College to accept the affiliation and/or integration within its
operation of any existing national school whose programs can contribute
largely and effectively to the attainment of its objectives: Provided,
however, That in the case of integration, the Minister of Education and
Culture is hereby authorized to determine and approve the specific
existing national schools that are to be integrated as part of the
Southern Luzon Polytechnic College. In this particular case, it is
understood that all funds, properties, and other assets as well as
obligations of the integrated school be transferred to the State
College pursuant to the preceding section of this Act.
Sec. 17. The Treasurer of the Philippines shall be
the ex-officio treasurer of the State College. All accounts and
expenses of the State College shall be authorized by the Commission on
Audit or its duly authorized representative.
Sec. 18. On or before the fifteenth day of the
second month after the opening of regular classes each year, the
governing board shall file with the Office of the President of the
Philippines, through the Minister of Education and Culture, a detailed
report setting forth the progress, conditions, and needs of the State
College.
Sec. 19. Pursuant to Presidential Decree Numbered
Fourteen hundred and thirty-seven, Section Fifteen, the Southern Luzon
Polytechnic College shall be deemed attached to the Ministry of
Education and Culture for purposes of policy and program coordination.
Sec. 20. All amounts appropriated for the Lucban
National College or the Lucban National High School are hereby
transferred to the Southern Luzon Polytechnic College, to be disbursed
in accordance with the provisions of this Act. Starting Calendar Year
1983 such sum as may be necessary for the operation and maintenance of
the college shall be provided in the Annual General Appropriations
Act.
Sec. 21. The incumbent head of the Lucban National
College shall continue to serve as President of the Southern Luzon
Polytechnic College until a permanent President has been appointed by
the President of the Philippines and has qualified to the position:
Provided, That in the event that the incumbent President shall not
qualify as President of the Southern Luzon Polytechnic College, he
shall be entitled to full retirement benefits: Provided, further, That
he has served the government for at least twenty (20) years: Provided,
finally, That in the case the number of years served is less than
twenty (20) years, he shall be entitled to one month pay for every year
of service pursuant to Presidential Decree Numbered Fourteen hundred
and thirty-seven.
Sec. 22. All laws, rules and regulations which are
inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.
Sec. 23. This Act shall take effect upon its
approval.
Approved: February 8, 1982.
(P.B. No. 173)
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