REPUBLIC ACT NO. 7665 - AN
ACT CONVERTING THE BULACAN COLLEGE OF ARTS AND TRADES IN THE PROVINCE
OF BULACAN INTO A STATE UNIVERSITY TO BE KNOWN AS THE BULACAN STATE
UNIVERSITY, AND APPROPRIATING FUNDS THEREFORE
Section 1. The Bulacan College of Arts and Trades located in
the Province of Bulacan is hereby converted into a state university to
be known as the Bulacan State University, hereinafter referred to as
the University.
Sec. 2. The University shall primarily provide
higher professional, technical, and special instructions for special
purposes and promote research and extension services, advanced studies
and progressive leadership in agriculture, commerce, education,
fishery, forestry, engineering, arts and sciences, law, medicine,
public administration, technical and other fields as may be
relevant.
Sec. 3. The University shall offer undergraduate
and graduate courses in the fields of education, agriculture, forestry,
engineering, arts and sciences, commerce, fishery, law, medicine,
public administration, technical 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 agro-industrial
needs of the nation, in general and the Province of Bulacan in
particular.
Sec. 4. The existing high school shall be
transferred under the supervision of the Department of Education,
Culture and Sports: provided, that the existing high school shall be
allowed to remain and operate within the campus of the University until
it shall have been transferred to another location, or until its
students shall have been accommodated in other high schools, public or
private: provided, further, that the University may operate a
reasonably-sized laboratory high school if it offers a teacher training
program.
Sec. 5. 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. 6. 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 Secretary of Education, Culture and Sports,
or his representative, chairman;
(b) The President of the University, member;
(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 a member of said committee having the power
to vote as his representative, member;
(e) The president of the faculty association of the
University, member; and
(f) The president of the supreme student council of
the University, member.
The president of the alumni association of the University as member;
and
Two (2) prominent citizens who have distinguished themselves in their
profession or fields of specialization of the University chosen from
among those qualified in the Province of Bulacan.
The two (2) prominent citizens so appointed by the Board shall have the
same powers, authority, and privileges as the regular members of the
Board.
The Secretary of Education, Culture and Sports, the President of the
University, the education committee chairmen of the Senate and the
House, shall have an ex officio term of office, while the presidents of
the faculty association and of the supreme student council and, when
deemed necessary, the president of the alumni association shall serve
only during their respective terms of office and, when likewise
necessary, the two (2) prominent citizens shall serve for four (4)
years while the succeeding appointees shall serve for two (2) years or
until their replacements shall have been appointed and qualified.
In the absence of the Chairman or his representative during a
particular meeting, the board members present shall elect a temporary
chairman from among themselves.
Sec. 7. 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. 8. 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 materials and
equipment for educational or technological programs for the exclusive
use of the University as an exception to existing laws, provided such
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:
provided, that such donation shall not be disposed, transferred or
sold;
(d) Subject to existing laws, 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, constitute special trust funds and shall
be deposited in any authorized government depository bank, any and all
interests that shall accrue therefrom shall form part of the same funds
for the use of the University. The incomes generated by the
University may, at the discretion of the Board, be disbursed for the
professional growth and development health, welfare and other similar
benefits of the faculty members and personnel, for the acquisition,
construction, maintenance and repair of urgently-needed instructional
and auxiliary facilities, equipment, buildings and other infrastructure
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
Bulacan, 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. 9. 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 Secretary of
Education, Culture and Sports, 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.
SECTION 10. The University shall be headed by a
president to be elected by the members 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 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 Bulacan
State University in a hold-over capacity until his successor shall have
been elected by the Board, which shall within six (6) months from the
approval of this Act convene for the purpose of electing the first
president of the 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.
The powers and responsibilities of the President as chief executive of
the University are as follows:
(a) To provide leadership for the University, to
preserve and protect its academic integrity and ensure the observance
and implementation of the policies laid down by the Board of Regents;
(b) To exercise within the framework of university
policies primary authority and responsibility over the following areas:
development planning and resource allocations; grants; endowments and
fund raising; external relations and public affairs; and university
policies relating to regional developmental programs, curricula and
matters affecting the rights, privileges, responsibilities and welfare
of the university constituency;
(c) To formulate integrated and comprehensive plans
for the university including academic, research, extension, physical
development and fiscal plans;
(d) To coordinate the activities and programs of the
University with the other component units and institutions, appraise
their performance in relation to goals and recommend appropriate action
to the Board of Regents;
(e) To appoint officers, faculty members and other
employees in the University subject to Sec. 8 of this Act and to
designate deans, directors, heads of departments/offices, or
officers-in-charge of the units therein;
(f) To appoint, transfer or promote personnel of the
University as herein below provided; fix their work schedules; grant
leaves of absence; approve their special detail, additional
assignments, additional compensational resignation and retirement in
accordance with the policies approved by the Board of Regents;
(g) To set up a machinery for the review of all
disciplinary actions appealable to the office of the president and for
the consideration of petitions for redress of grievances;
(h) To submit to the Board of Regents the courses of
study and academic programs, rules of discipline and awards of degrees
and diplomas as recommended by the university council;
(i) To award fellowships, assistance and scholarships
to students, faculty members and other personnel in accordance with the
policies prescribed by the Board of Regents;
(j) To plan, prepare and implement a university
program for the training and education of adult citizens and
out-of-school youths;
(k) To negotiate and obtain grants for specific
projects, gifts and donations of real or personal property of all kinds
subject to the confirmation of the Board of Regents, and to administer
the same for the benefit of the University, its units, departments, or
students in accordance with the directions and instructions of the
donor, and in default thereof, in such manner as the board of regents
may, in its discretion, determine;
(l) To maintain links with other academic and
research institutions to ensure fruitful academic and technical
interchange and maximize the use of human and physical resources;
(m) To prepare for approval of the Board of Regents
the annual budget of the University;
(n) To submit to the Board of Regents annual reports
on the operation of the University, and such other reports as the
latter may require under this Act; and
(o) To exercise such other powers and discharge such
other responsibilities as may be delegated to him by the Board of
Regents: provided, that he shall institute a system for the efficient
discharge of his administrative responsibilities.
SECTION 11. 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 12. 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 13. 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 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 14. 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 15. The Treasurer of the Philippines shall be
the ex officio treasurer of the University.
SECTION 16. 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 17. No student shall be denied admission to
the University by reason of sex, ethnic consideration, nationality,
religion, or political affiliation.
SECTION 18. The University shall enjoy academic
freedom.
SECTION 19. 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 Secretary of Education, Culture and Sports, and to both Houses of
Congress, a detailed report on the progress, conditions, and needs of
the University.
Sec. 20. All accounts and expenses of the
University shall be audited by the Commission on Audit or its duly
authorized representative.
Sec. 21. 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 the 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 service.
Sec. 22. 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 Secretary of Education,
Culture and Sports is hereby authorized to determine and approve the
specific existing national schools that are to be integrated as part of
the Bulacan 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. 23. All the assets, fixed and movable,
records and personnel of the Bulacan School of Arts and Trades, except
those belonging or to be used by the high school, 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 employed 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 Bulacan School of Arts and
Trades are hereby declared to be the property of the Bulacan State
University and shall be titled under that 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 Bulacan.
Sec. 24. The amount necessary for the
implementation of this Act shall be charged against the balance of the
current year's appropriations of the Bulacan College of Arts and Trades
after deducting the amount needed to continue the operations of the
existing high school. Thereafter, such sums as may be necessary
for its operation and maintenance shall be included in the annual
General Appropriations Act.
Sec. 25. 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. 26. This Act shall take effect fifteen (15)
days following its publication in the Official Gazette or in any
newspaper of general circulation.
Approved: December 30, 1993
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