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PHILIPPINE LAWS, STATUTES & CODES
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Home > Chan Robles Virtual Law Library > Philippine Laws, Statutes & Codes > Republic Acts :
REPUBLIC ACTS
AN ACT CONVERTING THE EASTERN SAMAR
STATE COLLEGES (ESSC) INTO A STATE UNIVERSITY TO BE KNOWN AS THE
EASTERN SAMAR STATE UNIVERSITY, INTEGRATING THEREWITH THE MAYDOLONG
NATIONAL AGRICULTURAL SCHOOL IN THE MUNICIPALITY OF MAYDOLONG, PROVINCE
OF EASTERN SAMAR AND APPROPRIATING FUNDS THEREFOR. |
Section 1. Conversion. – The Eastern Samar State College (ESSC) is hereby converted into a State University to be known as the Eastern Samar State University (ESSU), integrating therewith the Maydolong National Agricultural School in the Municipality of Maydolong, Province of Eastern Samar. The main campus of the University shall be in Borongan, Eastern Samar. Sec. 2. General Mandate. – The University shall primarily provide advanced education, higher technology, professional instruction and training in the fields of industry computer and information technology, forestry, and environmental sciences, agricultural and veterinary medicine, fishery, medicine, and other related fields of study. It shall also promote research and extension services progressive leadership in the areas of specialization. Sec. 3. Curricular Offering. – The University shall offer undergraduate
and graduate course in sciences, technology, literature, humanities,
philosophy, agriculture, education, forestry, arts and science, and
other degrees/courses within it 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
Eastern Samar and the Region. Sec. 4. Administration. – The university shall have the general powers of 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. 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: (a)
The Chairperson of the Commission of Higher Education (CHED), as
chairperson; The two (2) prominent citizens shall serve for a term of two (2) years from date appointment. The term of the 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, as set forth in their respective Constitution and by-laws. Sec. 6. Promulgation and Implementation of Policies. – 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, agriculture, science and technology, as well as the policies, standard 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: (a)
To promulgate rules and regulations as may be necessary to carry out
the purpose and functions of the University; Such
donations shall be exempt from the donor’s tax and 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) of 1997, as
amended: Provided, That such donations shall not be disposed of,
transferred or solid; (e)
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 consultation
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. Sec. 8. Meeting of the Board. – The Board shall regularly convene at lest once every quarter. However, the Chairperson of the Board may, upon three (3) days’ prior written notice, call a maximum of two (2) 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 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 of Trustees, 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, which 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 (4) 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 Eastern Samar State College, if qualified, shall serve
as the first president of the University. Sec. 10. The Administrative Council. – There shall be an Administrative Council consisting of the president of the University as chairperson, vice president, deans, directors, and other officials of equal rank as members, whose duty is to implement the policies governing the administration, management and development planning of the University, s approved by the Board. 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. 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 proceeding of the Board. He/she shall communicate to each member of the Board the notices of the 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 religion opinion or affiliation, political beliefs, gender preferences, cultural or community affiliation or ethnic origin, 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 actions programs to assist
poor but deserving students who qualify for admission to the University. Sec. 16. Academic Freedom and Institutional Autonomy. – The University shall enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Sec. 5 of Article XIV of the Constitution of the Republic of the Philippines. Sec. 17. Authority to Loan or Transfer Apparatus/Equipment/Supplier and Detail of Personnel. – The head of bureaus and offices of the national government are hereby authorized to loan or transfer, upon the request of the president of 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 services. Sec. 18. Assets, Liabilities and Personnel. – All assets, real and
personal, personnel and records of the Eastern Samar State College and
the Maydolong National Agricultural School, as well as liabilities or
obligations, are hereby transferred to the University. The positions,
rights and security of tenure of the personnel therein employed under
existing laws shall be respected. Sec. 19. Appropriations. – The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the Eastern Samar State College and the Maydolong National Agricultural School, except the sums needed to continue the operations of the existing high school. Thereafter, such sums as may be necessary for the continued operation and maintenance of the Eastern Samar 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: (a)
Submit a five (5)-year development plan, including its corresponding
program budget to the CHED, for corresponding recommendation to the DBM; Sec. 21. Filing of Reports. – On or before the fifteenth (15th) day of the second month after the opening of the 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. Repealing Clause. – All laws, presidential decree, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 24. Effectivity. – This Act shall take effect upon its approval. Approved: August 07, 2004 |
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