Bukidnon State University BlogSpot

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Conversion.
- The Bukidnon State College in the City of Malaybalay, Province of
Bukidnon is hereby converted into a state university to be known as the
Bukidnon State University, hereinafter referred to as the University.

SEC. 2. General Mandate.
- The University shall primarily provide advanced education, higher
technological, professional instruction and training in the fields of
education, arts and sciences, public, administration, information
technology, accountancy, law and other relevant fields of study. It
shall also promote research and extension service, and provide
progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings.
- The University shall offer graduate, undergraduate and short-term
technical courses within its areas of specialization and according to
its capabilities, as the Board of Regents may deem necessary to carry
out its objectives, particularly to meet the needs of the Province of
Bukidnon and Region X.

The existing elementary and high schools
shall be transferred to the jurisdiction and supervision of the
Department of Education (DepEd): Provided, That the elementary
and high schools shall be allowed to remain and operate within the
campus of the University until the existing students shall have
completed their elementary and high school education: Provided, further, That the University may operate a reasonably-sized laboratory school, if it has a College of Education.

SEC. 4. Administration.
- The University shall have the general powers of a corporation set
forth in Batas Pambansa Blg. 68, as amended, otherwise known as "The
Corporation Code of the Philippines". 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 Board.
— The governing board of the University shall be the Board of Regents,
hereinafter referred to as the Board, which shall be composed of the
following:   

1. The chairperson of the Commission on Higher Education (CHED), chairperson;
      
2. The president of the University, vice chairperson;
      
3. The chairperson of the Committee on Education, Arts and Culture of the Senate, member;
      
4. The chairperson of the Committee on Higher and Technical Education of the House of Representatives, member;
      
5. The regional director of the National Economic and Development Authority (NEDA), member;
      
6. The regional director of the Department of Science and Technology (DOST), member;
      
7. The president of the faculty association of the University, member;
      
8. The president of the student council of the University, member;
      
9. The president of the alumni association of the University, member; and
      
10. Two prominent citizens from the private sector who have distinguished
    themselves in their profession or fields of specialization of the
    University, members.

The Board shall appoint the two
prominent citizens from among a list of at least five persons qualified
in the Province of Bukidnon, as recommended by the search committee
constituted by the University president, in consultation with the
chairperson of the CHED and other members of the Board, based on the
normal standards and qualifications for the position set by the Board.

The two prominent citizens shall serve for a term of two years from the date of appointment.

The
term of office of the president of the faculty association, the
president of the student council and the president of the alumni
association shall be coterminous with their respective terms of office,
as set forth in their respective constitutions and bylaws.

SEC. 6. Promulgation and Implementation of Policies.
-The Board shall promulgate and implement policies in accordance with
the declared State policies on higher education and other pertinent
provisions of the Philippine Constitution on education, agriculture,
science and technology, as well as the policies, standards and thrusts
of the CHED under Republic Act No. 7722, otherwise known as the "Higher
Education Act of 1994".

SEC. 7. Powers and Duties of the Board of Regents.
- 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:   

1. To promulgate rules and regulations as may be necessary to carry out the purposes and functions of the University;   
      
2. 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, in
   order to carry out the purposes and functions of the University;
      
3. To import duty-free economic, technical and cultural books and/or
   publications, upon certification by the CHED that such imported books
   and/or publications are for economic, technical, vocational,
   scientific, philosophical, historical or cultural purposes in
   accordance with the provisions of the Tariff and Customs Code, as
   amended;
      
4. To receive in trust legacies, gifts and
   donations of real and personal properties of all kinds and to
   administer and dispose of 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 the donor’s tax and the same shall be considered as
   allowable deductions from the gross income in the computation of the
   income tax of the donor, in accordance with the provisions of the
   National Internal Revenue Code (NIRC), as amended; Provided, That such
   donations shall not be disposed of, transferred or sold;
      

5. 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, 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 funds 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 project for which the funds have been appropriated and
   allocated under its approved program of expenditures, the Board may
   authorize the use of said funds for any reasonable purpose which, in
   its discretion, may be necessary and urgent for the attainment of the
   objectives and goals of the University;
      

6. To adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students;
      
7. To authorize the construction or repair of its buildings, machinery,
   equipment and other facilities, and the purchase and acquisition of
   real property, including necessary supplies, materials and equipment;
      
8. To appoint upon recommendation of the president of the University, vice
   presidents, deans, directors, heads of campuses, faculty members and
   other officials and employees of the University;
      
9. To
   fix and adjust salaries of faculty members and administrative officials
   and employees, subject to the provisions of the Revised Compensation
   and Position 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 grant them, at its discretion,
   leaves of absence under such regulations as it may promulgate, any
   provision of existing laws to the contrary notwithstanding; and to
   remove them for cause in accordance with the requirements of due
   process of law;
      
10. To approve the curricula,
    instructional programs and rules of discipline drawn by the
    administrative and academic councils as herein provided;
       
11. To set policies on admission and graduation of students;
       
12. To award honorary degrees upon persons in recognition of their
    outstanding contribution in the fields of education, public service,
    arts, science and technology, agriculture or in any field of
    specialization within the academic competence of the University; and to
    authorize the awarding of certificates of completion of nondegree and
    nontraditional courses;
       
13. To establish and absorb
    nonchartered tertiary institutions within Region X as branches and
    centers in coordination with the CHED, and in consultation with the
    Department of Budget and Management (DBM), and to offer therein
    programs or courses, to promote and carry out equal access to
    educational opportunities as mandated by the Constitution;
       
14. To establish research and extension centers of the University where such will promote the development of the latter;
       
15. To establish chairs in the University and to provide fellowships for
    qualified faculty members and scholarships to deserving students;   
       
16. 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;
       
17. To authorize an external management audit
    of the University, to be financed by the CHED, subject to the
    Commission on Audit rules and regulations; and to institute reforms,
    including academic and structural changes, on the basis of the audit
    results and recommendations;
       
18. To collaborate with other
    governing boards of the state colleges and universities within the
    Province of Bukidnon or Region X, under the supervision of the CHED and
    in consultation with the DBM, and work towards the restructuring of the
    University to become more efficient, relevant, productive and
    competitive;
       
19. 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 University;
       
20. To develop consortia and other economic forms of linkages with local
    government units, institutions and agencies, both public and private,
    local and foreign, in the furtherance of the purposes and objectives of
    the University;
       
21. To develop academic arrangements for
    institutional capability building with appropriate institutions and
    agencies, public and private, local and foreign, and to appoint
    experts/ specialists as consultants, part time or visiting or exchange
    professors, scholars or researchers, as the case may be;
       
22. 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 or distance education and community laboratory for the
    promotion of greater access to education;
       
23. To establish policy guidelines and procedures for participative decision-making and transparency within the University;
       
24. To privatize, where most advantageous to the University, the management
    of nonacademic services such as health, food, building or grounds or
    property maintenance and such other similar activities; and
       
25. To extend the term of the president of the University beyond the age of
    retirement but not beyond the age of seventy (70), whose performance
    has been unanimously rated by the governing board as outstanding based
    on the guidelines, qualifications and/or standards set by the Board,
    after unanimous recommendation by the search committee.

SEC. 8. Meetings of the Board.
-The Board shall regularly convene at least once every quarter.
However, the chairperson of the Board may, upon three days’ prior
written notice, call a maximum of two special meetings whenever
necessary.

A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting: Provided, however, That the chairperson of the Board or the president of the University is among those present in the meeting.
   
In
the absence of the chairperson of the CHED, a commissioner of the CHED,
duly designated by him/her, shall represent him/her in the meeting with
all the rights and responsibilities of a regular member: Provided, however, That during this meeting, the president of the University as vice chairperson shall be the presiding officer: Provided, further, That this proviso
notwithstanding, the chairperson of the CHED is hereby authorized to
designate a CHED commissioner as the regular chair of the Board, in
which case said CHED commissioner shall act as the presiding officer.

In
case the chairpersons of the Congressional Committees on Education
shall not be able to attend the Board meeting, they may duly designate
their respective representatives to attend the said meeting, who shall
have the same rights and responsibilities as a regular member of the
Board.

The members of the Board shall not receive any salary but
shall be entitled to reimbursements for actual and necessary expenses
incurred, either in their attendance to meetings of the Board or in
connection with other official business authorized by resolution of the
Board, subject to existing laws and regulations.

SEC. 9. The University President.
- The University shall be headed by a president, who shall render full
time service. He/she shall be appointed by the Board, subject to the
guidelines, qualifications and/or standards set by the Board, upon
recommendation of a duly constituted search committee. He/she shall
have a term of four years and shall be eligible for reappointment for
another term: Provided, That in order to effect a smooth
transition to a state university, the incumbent president of the
Bukidnon State College shall serve as the first president of the
University.

Within six months before the expiration of the term
of office of the incumbent president of the Bukidnon State University,
the Board shall constitute the Search Committee for the Presidency
(SCP).

In case of vacancy in the office of the president by
reason of death, compulsory retirement, resignation, removal for cause
or incapacity of the president to perform the functions of his/her
office, the Board shall designate an officer-in-charge of the
University within six months from date of vacancy, 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/her successor or the officer-in-charge shall hold office for the
unexpired term only.

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
similar universities, and those delegated by the Board.

The
salary of the president of the University shall be in accordance with
the Revised Compensation and Position Classification System and shall
be comparable to that being received by the presidents of similar
educational institutions.

The president of the University shall
be assisted by a vice president for academic affairs and a vice
president for administration, who shall be appointed by the Board upon
the recommendation of the president.

SEC. 10. The Administrative Council.
— There shall be an administrative council consisting of the president
of the University as chairperson, vice presidents, deans, directors and
other officials of equal rank as members, whose duty is to review and
recommend to the Board the policies governing the administration,
management and development planning of the University.

SEC. 11. The Academic Council.
- There shall be an academic council with the president of the
University as chairperson and all members of the academic 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
to the approval of the Board. It shall fix the requirements for the
admission of students, as well as for their graduation and the
conferment of degrees, subject to review and/or approval of the Board
through the president of the University. It shall have the disciplinary
power over students of the University and shall formulate academic
policies and rules and regulations on discipline, subject to the
approval of the Board.

SEC. 12. The Secretary of the University.
- The Board shall appoint a secretary, who shall serve as such for both
the Board and the University and shall keep all records and proceedings
of the Board. He/she shall serve upon each member of the Board the
appropriate notice of the Board’s meetings.

SEC. 13. The Treasurer of the University. -The Treasurer of the Philippines shall be the ex officio treasurer of the University.

SEC. 14. Faculty.
- No political beliefs, gender preference, cultural or community
affiliation or ethnic origin, religious opinion or affiliation shall be
a matter of inquiry in the appointment of faculty members of the
University: Provided, That said appointment shall be subject to the guidelines, qualifications and/or standards set by the Board: Provided, further, That no member of the faculty shall teach for or against any particular church or religious sect.

SEC. 15. Scholarship Program/Admission.
- The University shall provide a scholarship program and other
affirmative action programs to assist poor but deserving students who
qualify for admission to the University.

No student shall be
denied admission to the University by reason of sex, religion, cultural
or community affiliation or ethnic origin.

SEC. 16. Academic Freedom and Institutional Autonomy.
- The University shall enjoy academic freedom and institutional
autonomy, pursuant to paragraph 2, Section 5 of Article XIV of the
Constitution of the Republic of the Philippines.

SEC. 17. Authority to Loan or Transfer Apparatus/ Equipment/Supplies and Detail of Personnel.
- The heads of the bureaus and offices of the national government are
hereby authorized to loan or transfer, upon the 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
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 services.

SEC. 18. Assets, Liabilities and Personnel.
-All assets, real and personal, personnel and records of the Bukidnon
State College, as well as liabilities or obligations, are hereby
transferred to the University. The positions, rights and security of
tenure of faculty members and personnel therein employed under existing
laws prior to the conversion into a University shall be respected.
All
parcels of land belonging to the government occupied by the Bukidnon
State College are hereby declared to be property of the Bukidnon 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 local government unit concerned.

SEC. 19. Appropriations.
- The amount necessary for the initial implementation of this Act shall
be charged against the current year’s appropriations of the Bukidnon
State College, except the sums needed to continue the operations of the
existing elementary and high schools. Thereafter, such sums as may be
necessary for the continued operation and maintenance of the Bukidnon
State University shall be included in the annual General Appropriations
Act.

SEC. 20. Development Plan, Management Audit, Organizational/ Administrative/Academic Structure.
-Within the period of one hundred twenty (120) days after the approval
of this Act, the University shall accomplish the following:   

1. Submit a five-year development plan, including its corresponding
   program budget to the CHED, for corresponding recommendation to the DBM;
      
2. Undergo a management audit in cooperation with the CHED; and
      
3. Accordingly set up its organizational, administrative as well as
   academic structure, including the appointment of the University key
   officials.

SEC. 21. Filing of Report. - On or before the fifteenth (15^th)
day of the second month after the opening of the regular classes each
year, the Board shall file with the Office of the President of the
Philippines through the chairperson of the CHED, and with both Houses
of Congress a detailed report on the progress, conditions and needs of
the University.

SEC. 22. Suppletory Application. - The
provisions of Republic Act No. 8292, otherwise known as the "Higher
Education Modernization Act of 1997", shall be an integral part of this
Act and shall serve as part of the governing charter of the University.

SEC. 23. Parity Clause.
-All other powers, functions and privileges, responsibilities and
limitations to state universities and/or their officials under existing
laws shall be deemed granted to or imposed upon the University and/or
its officials whenever appropriate.

SEC. 24. Implementing Rules and Regulations. - The Board, in consultation with the CHED, shall formulate the guidelines to fully implement the provisions of this Act.

SEC. 25. Separability Clause.
- If, for any reason, any part or provision of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

SEC. 26. Repealing Clause.
- All laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SEC. 27. Effectivity. -This Act shall take effect fifteen (15) days, after its publication in two newspapers of general circulation.

Approved,

(SGD.) MANNY VILLAR	(SGD.) JOSE DE VENECIA JR.
President of the Senate	Speaker of the House of Representatives

This
Act which originated in the House of Representatives was finally passed
by the House of Representatives and the Senate on April 5, 2006 and
February 19, 2007, respectively.

(SGD.) OSCAR G. YABES	(SGD.) ROBERTO P. NAZARENO
Secretary of the Senate	Secretary General House of Representatives

Approved:
(SGD.) GLORIA MACAPAGAL-ARROYO
President of the Philippines