Republic Act No. 9045 — Philippine Laws

Eleventh Congress

REPUBLIC ACT NO. 9045 March 22, 2001

AN ACT CREATING THE BATANGAS STATE UNIVERSITY (BSU) BY INTEGRATING THE (1) PABLO BORBON MEMORIAL INSTITUTE OF TECHNOLOGY, INCLUDING ITS BRANCHES IN BARANGAY ALANGILAN, BATANGAS CITY, IN THE MUNICIPALITIES OF BALAYAN, BAUAN, LOBO, SAN PASCUAL, ROSARIO, TAYSAN, PADRE GARCIA, LEMERY, CALACA, TAAL, TANAUAN, SAN JUAN AND LIPA CITY, (2) JOSE P. LAUREL POLYTECHNIC COLLEGE IN MALVAR, (3) APOLINARIO R. APACIBLE SCHOOL OF FISHERIES IN NASUGBU, AND (4) POLYTECHNIC UNIVERSITY OF THE PHILIPPINES CAMPUS IN STO. TOMAS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1

The Pablo Borbon Memorial Institute of Technology in the City of Batangas, including its branches in Barangay Alangilan of the same City and those in the municipalities of Balayan, Bauan, Lobo, San Pascual, Rosario, Taysan, Padre Garcia, Lemery, Calaca, Taal, Tanauan, San Juan and Lipa City, the Jose P. Laurel Polytechnic College in Malvar, the Apolinario R. Apacible School of Fisheries in Nasugbu, the Campus of the Polytechnic University of the Philippines in Sto. Tomas, are hereby integrated into a state university to be known as the Batangas State University, hereinafter referred to as the University. The main campus of the University in the City of Batangas shall be named as the Pablo Borbon Campus.

Section 2

The University shall primarily provide advanced instruction and professional training in scientific, technological and special instructions in the fields of engineering and technology education, business and economics and entrepreneurial technology, agriculture, teacher education, arts and sciences and other related fields, undertake research and extension services, and provide progressive leadership in these areas.

Section 3

The University shall offer undergraduate, graduate and short-term technical courses within the areas of specialization and according to its capabilities, as the Board of Regents may deem necessary to carry out its objectives, particularly in order to meet the needs of the province and the region.

The existing high schools of the Pablo Borbon Memorial Institute of Technology, Jose P. Laurel Polytechnic College, and Apolinario R. Apacible School of Fisheries shall be transferred to the jurisdiction and supervision of the Department of Education, Culture and Sports (DECS): Provided, That the high schools shall be allowed to remain and operate within the campuses of the University until the students shall have completed their high school education: Provided, further, That the University may operate a reasonably-sized laboratory school, if it has a college of education.

Section 4

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 powers shall be vested exclusively in the Board of Regents.

Section 5

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 Chairman of the Commission on Higher Education (CHED), chairman;

(b)The president of the University, vice chairman;

(c)Chairman of the Committee on Education, Arts and Culture of the Senate, member;

(d)Chairman of the Committee on Higher and Technical Education of the House of Representatives, member;

(e)The Regional Director of the National Economic and Development Authority (NEDA) where the main campus of the University is located, member;

(f)The Regional Director of the Department of Science and Technology (DOST) where the main campus of the University is located, member;

(g)The president of the federation of faculty associations of the University, member;

(h)The president of the federation of student councils or the students' representative elected by the federation of student councils of the University, member;

(i)The president of the federation of the alumni associations of the University, member; and

(j)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 Province of Batangas, 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 of the position, members.

The term of office of the president of the federation of faculty associations, the president of the federation of student councils and the president of the federation of alumni associations shall be coterminous with their respective terms of office.

For the purpose of the provisions 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, which in turn shall elect their federation officials.

The two (2) prominent citizens shall serve for a term of two (2) years.

In case of vacancy in the office of the president, the officer-in-charge of the University designated by the Board shall serve for the unexpired term only.

Section 6

The Board shall promulgate and implement policies in accordance with the declared State policies on education and other pertinent provisions of the Constitution on education, agriculture, science and technology, as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722.

Section 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 Section 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 purposes 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 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;

(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 it 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 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 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 establish and absorb tertiary institutions within the Province of Batangas as branches, centers, stations, etc., in coordination with the CHED and in consultation with the Department of Budget and Management (DBM), and to offer therein programs of 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 Region IV, where it may be feasible, under the supervision of the CHED 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 purposes 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 such other similar 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 of the search committee.

Section 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: Provided, further, That the preceding provisonotwithstanding, the Chairman of the CHED is hereby authorized to designate a CHED Commissioner the regular Chair to the Board, in which case said CHED Commissioner shall act as 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 subject to pertinent existing laws and regulations or in connection with their official business authorized by resolution of the Board.

Section 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. If the successor shall serve for a period of more than two (2) years, then such shall be considered as one full term for the successor.

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 in accordance with the Revised Compensation and Position Classification System and shall be comparable to that being received by other presidents of similar educational institutions of like standing.

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.

It shall have the disciplinary power over the students and shall formulate academic policies and rules and regulations on discipline. Such policies, rules and regulations shall be approved by the Board.

Section 12

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 shall communicate to each member of the Board notice of meetings.

Section 13

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

Section 14

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 15

In order to ensure the smooth transition to a University, the incumbent president of the Pablo Borbon Memorial Institute of Technology, if qualified, shall serve as the first president of the University subject to the provision of Section 9 of this Act. The remaining term of the incumbent president of the Pablo Borbon Memorial Institute of Technology shall be counted as his first term as University president.

Section 16

All assets, fixed and movable, personnel and records of the Pablo Borbon Memorial Institute of Technology and its branches in Barangay Alangilan, Batangas City, the municipalities of Balayan, Bauan, Lobo, San Pascual, Rosario, Taysan, Padre Garcia, Lemery, Calaca, Taal, Tanauan and San Juan and the City of Lipa, the Jose P. Laurel Polytechnic College in Malvar, the Apolinario R. Apacible School of Fisheries in Nasugbu, and the Polytechnic University of the Philippines Campus in Sto. Tomas, all in the Province of Batangas, as well as liabilities or obligations, as hereby transferred to the University: Provided, however, That the positions, rights and security of tenure or personnel employed therein under existing laws prior to the absorption by the University are not impaired: Provided, further, That the incumbents 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 Pablo Borbon Memorial Institute of Technology, the Jose P. Laurel Polytechnic College in Malvar, the Apolinario R. Apacible School of Fisheries in Nasugbu, and the Polytechnic University of the Philippines Campus in Sto. Tomas, are hereby declared to be the property of the Batangas 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 provinces, municipalities or cities where they are located.

Section 17

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.

Section 18

The University shall provide a scholarship program and other affirmative action programs to assist poor but deserving students to 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.

Section 19

The University shall enjoy academic freedom.

Section 20

On or before the fifteenth of the second month after the opening of the regular classes each year, the Board shall file with both Houses of Congress a detailed report on the progress, conditions and needs of the University.

Section 21

The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of the Pablo Borbon Memorial Institute of Technology, Jose P. Laurel Polytechnic College, Apolinario R. Apacible School of Fisheries, and Polytechnic University of the Philippines Campus in Sto. Tomas. Thereafter, such sums as may be necessary for the continued operation and maintenance of the Batangas State University shall be included in the annual General Appropriations Act.

Section 22

Within a period of one hundred twenty (120) days after the approval of this Act, the University shall accomplish the following:

(a)Submit a five (5) year development plan, including its corresponding program budget, to the CHED, for appropriate recommendation to the DBM;

(b)Undergo a management audit in cooperation with the CHED;

(c)Accordingly set up its organizational, administrative as well as academic, structure, including the appointment/ designation of University key officials; and

(d)Set in motion the establishment of at least four (4) separate degree granting units, one of which is the arts and sciences and another, at the graduate level.

Section 23

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.

Section 24. The provisions of Republic Act No

8292, otherwise known as the "Higher Education Modernization Act of 1997" shall form an integral part of this Act and together shall serve as the governing charter of the University.

Section 25

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.

Section 26

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.

Section 27

This Act shall take effect upon its approval.

Approved,

| (Sgd.) AQUILINO Q. PIMENTEL, JR. President of the Senate | (Sgd.) FELICIANO BELMONTE, JR. 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 February 5, 2001 and January 29, 2001, respectively.

LUTGARDO B. BARBO Secretary of Senate

ROBERTO P. NAZARENO Secretary General House of Representatives

Approved: Mar. 22, 2001

GLORIA MACAPAGAL-ARROYO

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language