Section 1. The Bataan College of Science and Technology
located in the Municipality of Dinalupihan and the Bataan National
Agricultural School in the Municipality of Samal, both in the Province
of Bataan, are hereby converted into a state college to be known as the
Bataan State College, hereinafter referred to as the College.
The main campus of the state college shall be situated in the Bataan
College of Science and Technology with the Bataan National Agricultural
School in Samal as an extension of the state college.
Sec. 2. The College shall primarily offer higher
professional, technical and special instructions for special purposes
and promote research and extension services, advanced studies and
progressive leadership in education, agriculture, arts and sciences,
engineering and other fields as may be relevant.
The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education, Culture and Sports:
provided, that this high school shall be allowed to remain and operate
within the campus of the College until it shall have been transferred
to another location, or until their students shall have been
accommodated in other public or private high schools: provided,
further, that the College may operate a reasonably-sized laboratory
school, if it has a college of education.
Sec. 3. The College shall offer undergraduate and
graduate courses in the fields of education, agricultural education,
agriculture, arts and sciences, and other degree courses as the Board
of Trustees may deem necessary to carry out its objectives. It
shall also offer short-term technical or vocational courses within its
areas of specialization to meet the needs of the nation.
Sec. 4. The College shall have the general powers
of a corporation set forth in the corporation law. The
administration of the College and the exercise of its corporate powers
shall be vested exclusively in the Board of Trustees and the president
of the College insofar as authorized by the Board.
Sec. 5. The governing body of the College shall be
the Board of Trustees, hereinafter referred to as the Board, which
shall be composed of the following:
(a) The chairperson of the Commission on Higher
Education, chairman;
(b) The president of the College, vice-chairman;
(c) The chairman of the Committee on Education of the
Senate, or 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
College, member; and
(g) The president of the supreme student council of
the College, member;
In addition, the Board may elect as members the following when deemed
necessary;
(1) The president of the alumni association of the
College;
(2) The president of the employees association of the
College; and
(3) Two (2) prominent citizens who have distinguished
themselves in their professions or fields of specialization of the
College chosen from among those qualified in the Province of Bataan.
The presidents of the alumni association and of the employees
association as well as the two (2) prominent citizens elected by the
Board shall have the same powers, authority and privileges as the
regular members of the Board.
The chairperson of the Commission on Higher Education, the president of
the College, the education committee chairmen of the Senate and the
House of Representatives, 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 two (2) prominent
citizens, one shall serve for four (4) years and 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
College;
(b) To receive and appropriate all sums as may be
provided for the support of the College in the manner it may, in its
discretion, determine to carry out the purposes and functions of the
College;
(c) 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;
(d) 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 College 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;
(e) To fix 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;
(f) 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 College through the Board shall be
exempt from all taxes and duties;
(g) To confirm appointments of vice-presidents,
deans, directors, heads of departments, faculty members and other
officials and employees of the College made by the president of the
College;
(h) To fix and adjust salaries of faculty members and
administrative officials and employees in accordance with the revised
compensation and position classification systems;
(i) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(j) To confer degrees upon successful candidates for
graduation, to award honorary degrees upon persons in recognition of
their outstanding contribution in the fields of education, public
service, arts, sciences and technology, or in any field of
specialization; and to authorize the award of certificates for
completion of nondegree and nontraditional courses;
(k) To establish branches in the Province of Bataan,
if and when it become 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
(l) To establish chairs in the College and to provide
fellowship 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 chairperson of the
Commission on Higher Education who shall be the chairman of the Board,
or the president of the College who shall act 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 any salary but shall be entitled to reimbursement for
actual and necessary expenses incurred either in attendance upon
meetings of the Board or of other official business authorized by
resolution of the Board subject to existing laws on honoraria and
allowances.
Sec. 9. The College shall be headed by a president
to be elected by 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 becomes 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 College 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 provisions of the preceding paragraph.
The powers and duties of the president of the College, in addition to
those specifically provided in this Act, shall be those usually
pertaining to the office of the president of similar colleges.
The salary of the president of the College shall be comparable to that
being received by presidents of similar educational institutions of
like enrollment and standing.
SECTION 10. There shall be an administrative council
consisting of the president of the College, 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 College, as approved by the
Board.
SECTION 11. There shall be an academic council with
the president of the College, 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
College, as well as for graduation and the conferring of degrees,
subject to review and/or approval by the Board through the president of
College. It shall also have disciplinary powers over the student
through the president within the limits prescribed by the rules of
discipline, as approved by the Board.
SECTION 12. There shall be a secretary of the College
who shall be appointed by the Board upon recommendation of the
president of the College. He shall also be the secretary of the
Board and shall keep such records of the College as may be determined
by the Board.
SECTION 13. The Treasurer of the Philippines shall be
the ex officio treasurer of the College.
SECTION 14. No religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty members of the
College: provided, however, that no member of the faculty shall teach
for or against any particular church or religious sect.
SECTION 15. No student shall be denied admission to
the College by reason of sex, nationality, religion, or political
affiliation.
SECTION 16. The College shall enjoy academic freedom.
SECTION 17. The incumbent president of Bataan
Teachers College if qualified under the rules and regulations of the
Commission on Higher Education shall be the officer-in-charge of the
College pending the appointment of the president.
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 chairperson of the Commission on Higher Education and to both
Houses of Congress, a detailed report on the progress, conditions and
needs of the College.
SECTION 19. All the assets, fixed and movable,
personnel and records of the Bataan College of Science and Technology
and the Bataan National Agricultural School, as well as liabilities or
obligations, are hereby transferred to the College: provided, that the
positions, rights and security of tenure of personnel therein employed
under existing laws prior to absorption by the College are not
impaired: provided, further, that the incumbents 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 Bataan College of Science and Technology and the Bataan National
Agricultural School are hereby declared as the property of the Bataan
State College and shall be titled under that name: provided,
furthermore, that, should the College cease to exist or be abolished or
such parcels of land aforementioned be no longer needed by the College,
the same shall revert to the Province of Bataan.
Sec. 20. All accounts and expenses of the College
shall be audited by the Commission on Audit or its duly authorized
representative.
Sec. 21. The heads of the bureaus and the offices
of the national government are hereby authorized to loan or transfer,
upon request of the president of the College, such apparatus, equipment
or supplies as may be needed by the College, 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. Employees so detailed shall perform such duties as
required of them by the president of the College, and the time so
employed shall be counted as part of their regular services.
Sec. 22. It shall be a continuing policy of the
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 case of integration, the chairperson of the Commission
on Higher Education is hereby authorized to determine and approve the
affiliation and/or integration of the specific existing national
school. In case, all funds, properties, and other assets, as well
as obligations of the integrated school shall be transferred to the
College.
Sec. 23. The amount needed to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Bataan College of Science and Technology and the
Bataan National Agricultural School. Thereafter, such sums as may
be necessary for the operation and maintenance of the Bataan State
College 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: February 23, 1995
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