Section 1. The Rizal Technological Colleges in the City of
Mandaluyong, including its branches in the City of Pasig, Municipality
of Antipolo in the Province of Rizal, and Municipality of Kawit in the
Province of Cavite, is hereby converted into a state university to be
known as the Rizal Technological University, hereinafter referred to as
the University. The main campus of the University shall be in the City
of Mandaluyong.
Sec. 2. The University shall primarily provide
highly professional, scientific, technological, and special
instructions in the fields of engineering and technology education,
business and entrepreneurial technology, and the arts and sciences. It
shall also promote research, extension and advance studies in its areas
of specialization.
The University shall pursue and endeavor to lead in the development of
work-integrated learning through partnership with industry and
involvement of students in civic activities. Cooperative education
shall provide an important educational component and technical
proficiency in the development of human resource capital.
Sec. 3. The existing high school shall continue to
operate as a laboratory for the teacher education programs of the
University. The size of its enrollment shall be determined by the
Department of Education, Culture and Sports.
Sec. 4. The University may open new branches in
consortium with other academic institutions only within the City of
Mandaluyong and the Province of Rizal. For this purpose, the partner
concerned shall, in addition to funds appropriated under the regular
university budget, provide funds for the infrastructure and manpower
needs of the branches thus established, until otherwise provided in the
agreement. All properties acquired for the use of the University shall
be donated to and titled in the name of the University unless there are
legal impediments thereto. Such branches shall offer highly specialized
courses in science and technology in accordance with detailed studies
on the needs of business, industry and government in the localities to
be served. For this purpose, the University President shall appoint a
committee to study the feasibility of opening up such branches. Such
committee shall include as members, at least a representative each from
the business and the industry sector.
The University shall, within a reasonable time from the approval of
this Act, develop and fully utilize its real property situated in the
Municipality of Baras, Province of Rizal, as a site for science and
technological researches and agricultural technology projects.
Sec. 5. The University may enter into agreements
with local governments for the support of any of its branches:
provided, that the said agreements shall not in any way impair the
autonomy of the University. Under such agreements, the local government
shall provide funds to the University in support of university programs
in addition to the regular yearly national appropriation of the
University. Such funds provided by the local government shall be dealt
with in accordance with Sec. 4 of this Act.
Sec. 6. The governing body of the University shall
be vested in the Board of Regents, hereinafter referred to as the
Board, which shall be composed of the following:
a) The Chairman of the Commission on Higher Education
(CHED), Chairman;
b) The President of the University, Vice-Chairman;
c) The Chairmen of the Congressional Committees on
Education and Culture;
d) The Regional Director of the National Economic
Development Authority (NEDA) where the main campus of the University is
located;
e) The president of the federation of faculty
associations;
f) The president of the federation of Student
Councils or the student representative elected by such federation:
provided, that in the absence of a federation president or student
representative elected by the federation, the University shall schedule
one (1) week for the campaign and election of a student representative;
g) The President of the Federation of Alumni
Associations of the University; and
h) Two (2) prominent citizens who have distinguished
themselves in their professions or fields of specialization, chosen
from among a list of at least five (5) qualified persons in the city or
province where the school is located, as recommended by the search
committee constituted by the President in consultation with the
Chairman of the CHED based on the normal standards and qualifications
for the position.
The private sector representatives shall be appointed by the Board upon
recommendation of the duly constituted search committee.
For the purpose of paragraphs (f) and (g) of this section, the
associations of faculty, alumni, and student councils in each branch of
the University shall organize themselves to form their respective
federations.
The presidents of the federation of faculty associations and alumni
associations and the federation of student councils shall sit in the
Board until the expiration of their respective terms of office in such
capacities.
The prominent citizens shall serve for a term of two (2) years.
Sec. 7. The governing 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 Sec. 36 of Batas Pambansa
Blg. 68, otherwise known as the Corporation Code of the Philippines:
a) To enact rules and regulations not contrary to
law, as may be necessary to carry out the purpose and functions of the
University;
b) To receive and appropriate all sums as may be
provided, for the support of the University in the manner it may
determine, in its discretion, to carry out the purposes and functions
of the University;
c) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds, to administer and dispose
the same when necessary for the benefit of the University, subject to
limitations, directions and instructions of the donors, if any. Such
donations shall be exempt from all taxes and shall be considered as
deductible items from the income tax of the donor; and
d) To fix the tuition fees and other school fees and
charges, such as, but not limited to, matriculation fees, graduation
fees and laboratory fees, as their respective boards may deem proper
and reasonable to impose after due consultations with the involved
sectors.
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 interests that shall accrue therefrom shall form part of the same
fund for the use of the University.
Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the University from tuition
fees and other charges, as well as from the operation of auxiliary
services and land grants, shall be retained by the University, and may
be disbursed by the Board for instruction, research, extension, or
other programs/projects of the University: provided, that all fiduciary
fees shall be disbursed for the specific purposes for which they are
collected.
If, for reasons beyond its control, the University, shall not be able
to pursue any projects for which funds have been appropriated and,
allocated under its approved program of expenditures, the Board may
authorize the use of said funds for any reasonable purposes which, in
its discretion, may be necessary and urgent for the attainment of the
objectives and goals of the University;
e) To adopt and implement a socialized scheme of
tuition and school fees for greater access to poor but deserving
students;
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, material and equipment. Purchases and other transactions
entered into by the University through the Board shall be exempt from
all taxes and duties;
g) To appoint, upon recommendation of the President
of the University, vice-presidents, deans, directors and heads of
departments, faculty members and other officials and employees;
h) To fix and adjust salaries of faculty members and
administrative officials and employees subject to the provisions of the
revised compensation and classification system and other pertinent
budget and compensation laws governing hours of service, and such other
duties and conditions as it may deem proper to; to grant them, at its
discretion, leaves of absence under such regulations as it may
promulgate, any provisions of existing law to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
i) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
j) To set policies on admission and graduation of
students;
k) 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 within the academic competence of the University and to
authorize the award of certificate of completion of non-degree and
non-traditional courses;
l) To absorb non-chartered tertiary institutions as
branches, centers, stations, etc., within the City of Mandaluyong and
the Province of Rizal in coordination with the CHED and in consultation
with the Department of Budget and Management (DBM), and to offer
therein needed programs or courses, to promote and carry out equal
access to educational opportunities mandated by the Constitution;
m) To establish research and extension centers of the
University where such will promote the development of the latter;
n) To establish chairs in the University and to
provide fellowships for qualified faculty members and scholarships to
deserving students;
o) To delegate any of its powers and duties provided
for hereinabove to the president and/or other officials of the
University as it may deem appropriate so as to expedite the
administration of the affairs of the University;
p) To authorize an external management audit of the
institution, to be financed by
CHED and to institute reforms, including academic and structural
changes, on the basis of audit results and recommendations;
q) To collaborate with other governing boards of
state universities and colleges within the National Capital Region and
Region IV, where it may be feasible, under the supervision of the CHED
and in consultation with the DBM, the restructuring of said colleges
and universities to become more efficient, relevant, productive, and
competitive;
r) To enter into joint ventures with business and
industry for the profitable development and management of the economic
assets of the University, the proceeds from which shall be used for the
development and strengthening of the same;
s) To develop consortia and other forms of linkages
with local government units, institutions and agencies, both public and
private, local and foreign, in furtherance of the purpose and
objectives of the University;
t) To develop academic arrangements for institution
capability building with appropriate institutions and agencies, public
or private, local or foreign, and to appoint experts/specialists as
consultants, or visiting or exchange professors, scholars, researchers,
as the case may be;
u) To set up the adoption of modern and innovative
modes of transmitting knowledge such as the use of information
technology, the dual system, open learning, community laboratory, etc.,
for the promotion of greater access to higher education;
v) To establish policy guidelines and procedures for
participative decision-making and transparency within the University;
w) To privatize, where most advantageous to the
University, management of non-academic services such as health, food,
building, grounds or property maintenance and similar such other
activities; and
x) To extend the term of the President of the
University beyond the age of retirement but not later than the age of
seventy (70), whose performance has been unanimously rated as
outstanding and upon unanimous recommendation by the search committee.
Sec. 8. The Board shall regularly convene at least
once every quarter. The Chairman of the Board may call a special
meeting whenever necessary: provided, that members are notified in
writing at least three (3) days prior to said meeting.
A majority of all members holding office shall constitute a quorum for
board meetings: provided, that the Chairman of the CHED who is 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 in the said meeting, the President of
the University as the Vice-Chairman shall be the presiding officer.
The members shall serve without compensation, but they shall be
reimbursed for necessary expenses incurred in their attendance of
meetings of the Board or in connection with their official business
authorized by resolution of the Board.
Sec. 9. The administration of the University shall
be vested in the President of the University 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.
In case of vacancy by reason of death, resignation, removal for cause
or incapacity of the President to perform the functions of his office,
the Board shall have the authority to designate an officer-in-charge
pending the appointment of a new president.
In case of vacancy in the Office of the President as mentioned in the
immediately preceding paragraph, his successor shall hold office for
the unexpired 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 similar university, and
those delegated by the Board.
The salary of the President of the University shall be subject to the
existing compensation and position classification system and shall be
comparable to that being received by other presidents of similar
educational institutions of like standing.
In order not to disrupt the operation of the institution and to insure
the smooth transition from its status as a college to that of a
university, the incumbent President of the College, if qualified, shall
serve the unexpired portion of his term as the first president of the
new university, subject to the limitations provided herein.
Section 10. There shall be an administrative council
consisting of the President of the University as the Chairman, the
vice-presidents, deans, directors and other officials of equal rank as
members, and whose duty is to review and recommend to the Board
policies governing the administration, management and development
planning of the University for appropriate action.
Section 11. 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 review and recommend the
curricular offerings and rules of discipline of the University subject
for appropriate action of the Board. It shall fix the requirements for
admission of students as well as for graduation and the conferment of
degrees subject to review and/or approval by the Board.
Section 12. The administrative and academic councils
may create standing committees from among its members. The President of
the University may appoint an executive committee with the
vice-presidents and other members from both councils to act on matters
of common concern.
Section 13. There shall be a Secretary of the
University who shall be appointed by the Board upon the recommendation
of the President of the University. He shall keep such records and
exercise such powers as may be determined by the Board. He shall head
the University secretariat which shall take charge of the recording and
reporting of proceedings of the Board, the administrative and academic
councils and the historical events of the University.
Section 14. The Treasurer of the Philippines shall be
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 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, political
affiliation, physical handicap, culture, or economic situation.
Section 17. The University shall enjoy academic
freedom.
Section 18. On or before the fifteenth day of the
third month after the opening of the regular classes each year, the
Board shall file with the Chairman of CHED and to both Houses of
Congress, a detailed report on the progress, conditions and needs of
the University.
Section 19. All assets, fixed and movable, personnel
and records of the Rizal Technological Colleges in the City of
Mandaluyong and its branches in the City of Pasig, in the Municipality
of Antipolo in the Province of Rizal, and in the Municipality of Kawit
in the Province of Cavite, as well as liabilities or obligations, are
hereby transferred to the University: provided, however, that the
positions, rights and security of tenure of personnel employed therein
under existing laws prior to the absorption by the University are not
impaired: provided, further, that the incumbent members of existing
position shall remain in the same status until otherwise provided by
the Board. All parcels of land belonging to the government and occupied
by the Rizal Technological Colleges in the City of Mandaluyong and its
existing branches and those previously titled under the name of the
Rizal Technological Colleges are hereby declared to be the property of
the Rizal Technological 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 provinces,
municipalities or cities where they are located.
Sec. 20. All accounts and expenses of the
University shall be audited by the Commission on Audit or its duly
authorized representative.
Sec. 21. 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 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 official service.
Sec. 22. It shall be the continuing policy of the
University to accept the affiliation and/or integration within its
operation of any existing tertiary institutions within the City of
Mandaluyong and the Province of Rizal, whose program can contribute
largely and effectively to the attainment of its objectives: provided,
however, that in case of integration, the CHED is hereby authorized to
determine and approve that the existing tertiary institutions be
integrated as part of the 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. The amount needed to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Rizal Technological Colleges. Thereafter, such
amount as may be necessary for the continued operation and maintenance
of the Rizal Technological University shall be included in the annual
General Appropriations Act.
Sec. 24. The provisions of Republic Act No. 8292,
otherwise known as the Higher Education Modernization Act of 1997,
shall form as an integral part of this Act and together shall serve as
the governing charter of the University.
Sec. 25. Within a period of one hundred twenty
(120) days after the approval of this Act, the University shall
accomplish the following:
1) Submit a five (5) year development plan, including
its corresponding program budget, to the CHED, for appropriate
recommendation to the DBM;
2) Undergo a management audit in cooperation with the
CHED;
3) Accordingly set up its organizational,
administrative as well as academic, structure, including the
appointment/designation of university key officials; and
4) Set in motion the establishment of at least four
(4) separate degree granting units, one of which is in the arts and
sciences and another, at the graduate level.
Sec. 26. Members of the faculty of the University
at the Tertiary Level, shall be exempt from any civil service
examination as a requisite for appointment, without prejudice to the
right of the Board to impose other professional examination
requirements intended to maintain high academic standards.
Sec. 27. All other powers, functions, privileges,
responsibilities and limitations to state universities and/or its
officials under existing laws shall be deemed granted to or imposed
upon the University and/or its officials whenever appropriate.
Sec. 28. 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. 29. This Act shall take effect upon its
approval.
Approved: October 11, 1997
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