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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 401BATAS PAMBANSA BLG. 401 - AN ACT
ESTABLISHING THE CENTRAL VISAYAS POLYTECHNIC COLLEGE, DEFINING ITS
POWERS, FUNCTIONS AND DUTIES, APPROPRIATING FUNDS THEREFORE, AND FOR
OTHER PURPOSES
Section 1. Establishment. — There is hereby established in
the Province of Negros Oriental, with a central site and administration
office at Dumaguete City, a college which shall be known as the Central
Visayas Polytechnic College, hereinafter referred to in this Act as
College.
Sec. 2. Conversion. — The East Visayan School of
Arts and Trades in Dumaguete City, the Guihulñgan Vocational
High School in Guihulñgan, and the Bais School of Fisheries at
Okiot, Bais City, all national schools, are hereby merged into one
college to be known as the Central Visayas Polytechnic College. The
Board of Trustees of the College is hereby authorized to effect its
organization.
Sec. 3. Purpose. — The College shall primarily
give professional and technical training in science and technology, and
shall provide advanced and specialized instruction in literature,
philosophy, arts and sciences, besides providing for the promotion of
scientific and technological researches.
Sec. 4. Powers of the College. — The following are
the powers of the College:
(a) It shall have the general powers as set forth in
Section Thirty-six of Batas Pambansa Blg. 68. The exercise of its
corporate powers is hereby vested exclusively in the Board of Trustees
and in the President of the College insofar as authorized by the Board;
(b) It shall have the power to acquire public lands
for its expansion and/or beneficial use; and to purchase equipment,
laboratory and library facilities which are required to carry out its
educational objectives. It shall offer undergraduate courses in liberal
arts, engineering, fisheries, agriculture, and short-term vocational
courses for development of middle level skills within the first five
years from the approval of this Act; and may, at the discretion of the
Board, offer graduate courses thereafter;
(c) It shall be authorized to undertake the
construction of its buildings and other permanent improvements from
such sums as may be necessary for the purpose, and included in the
Annual General Appropriations Act in the name of the East Visayan
School of Arts and Trades, the Guihulñgan Vocational High
School, and the Bais School of Fisheries: Provided, That the
construction of its buildings and other permanent improvements, as
authorized in the Public Works Act of the Government, shall be
undertaken by the College as herein provided, any provision of existing
laws to the contrary notwithstanding.
Sec. 5. The Governing Board; Manner of
Appointment. — (a) Composition — The governing body of the College is
vested in a Board of Trustees which shall be composed of nine members,
five of whom are regular members and four are ex officio members. The
regular members must be Filipino citizens and residents of the
Philippines, two of whom shall be well known educators in the Region,
two shall be successful businessmen or professionals of the Region who
have shown and are showing interest in the cause of education in the
Region, and one shall be a successful alumnus of any of the schools to
be incorporated with and integrated into the College, upon
recommendation of its alumni association, and who will be replaced in
due time, when available, by a successful alumnus of the College and
upon recommendation of its alumni association when this shall have been
organized. The four ex officio members shall be the Minister of
Education, Culture and Sports who shall be the ex officio Chairman of
the Board, the Regional Director of the Ministry of Education, Culture
and Sports, Region VII, the Director, Bureau of Higher Education,
Ministry of Education, Culture and Sports, and the President of the
College.
The regular members of the Board of Trustees, who shall serve a term of
four years, shall be appointed by the President of the Philippines. Of
the five regular members of the Board to be first appointed as above
provided, the President of the Philippines shall designate two to serve
for two years, two to serve for three years, and one to serve for four
years.
In the absence or inability of the Minister of Education, Culture and
Sports the other Members of the Board shall elect from among themselves
a temporary chairman who shall act as Chairman. In case of a vacancy in
the regular membership of the Board, the President of the Philippines
shall appoint a new member to serve for the unexpired term only.
No person in the employ of the College or any other educational
institution in the Region, except the President of the College shall be
eligible for membership in the Board.
The regular members of the Board shall each receive, for every board
meeting attended, a per diem of one hundred pesos: Provided, That in no
case shall the total amount received by each exceed the sum of three
hundred pesos for any one month. Besides the per diem, they and the ex
officio members, shall be reimbursed for actual and necessary expenses
incurred in attendance upon meetings of the Board or upon performing
other official business authorized by resolution of the Board, subject
to existing budget laws on honoraria and allowances.
(b) Quorum — A quorum of the Board shall consist of a
majority of all the members holding office at the time the meeting of
the Board is called. All processes against the Board of Trustees shall
be served on the chairman or secretary thereof.
(c) Powers and duties of the Board. — The Board of
Trustees shall have the following powers and duties in addition to its
general powers of administration and the exercise of the powers of the
corporation:
(1) To determine and fix the dates and time of their
regular meetings, as well as special meetings as the need for the same
may arise: Provided, That such meetings shall not be more than three
times in any one month, nor less than one time in any one quarter;
(2) To recommend to the President of the Philippines
candidates for the Presidency of the College who shall serve for a term
of six years and who may be reappointed for another term not exceeding
six years;
(3) To fix the compensation of the President of the
College;
(4) To receive and appropriate to the ends specified
by law such sums as may be provided by law for the support of the
College;
(5) To receive in trust legacies, gifts and donations
of real and personal property of all kinds and to administer the same
for the benefit of the College or of a department thereof, or for aid
to any student or students in accordance with the desire of the donor,
and/or in default thereof, in such manner as the Board may in its
discretion determine; all such donations shall be exempt from the
income tax of the donors; to import duty-free commodities for
educational purposes as an exception to existing laws;
(6) To appoint, upon the recommendation of the
President of the College, vice presidents, directors, deans, secretary
of the College, treasurer, professors, lecturers, instructors,
registrar, department heads, division chiefs, and other employees of
the College from among the qualified personnel of the merged schools at
the time this Act is approved. Only when there are no qualified
personnel shall the Board recruit from the outside to fill vacancies;
(7) To fix the compensation and term of service of
all personnel and such other duties and conditions as it may deem
proper, subject to Presidential Decree No. 985 and other pertinent
budget and compensation laws, rules and regulations;
(8) To approve the courses of study and rules of
discipline drawn up by the College and fix the required tuition fees,
matriculation fees, fees for laboratory courses, diploma fees, and all
special and other fees; and to utilize the income derived therefrom for
the maintenance of the College, together with the annual appropriation
provided for in Section seventeen hereof;
(9) To provide fellowships to qualified faculty
members and scholarships to deserving students;
(10) To establish Chairs in the College and provide
for the maintenance and endowment of such Chairs;
(11) To confer honorary degrees upon persons other
than graduates of the College in recognition of learning, statesmanship
or eminence in education, sciences, or arts: Provided, That such
degrees shall not be conferred in consideration of the payment of money
or other valuable consideration; and
(12) To submit an annual report to the Minister of
Education, Culture and Sports within two weeks after the close of each
school year, about the performance of the College in the school year
just ended, its progress, needs and problems.
Sec. 6. The Administration. — The administration
of the College shall be vested in the President of the College who
shall render full time service.
The College President shall be appointed by the President of the
Philippines, upon the recommendation of the Board. He shall be assisted
by a Vice President for Academic Affairs who shall be appointed by the
Board upon the recommendation of the College President. His
compensation shall be fixed by the Board.
Sec. 7. Powers of the President. — The powers and
duties of the President, in addition to those which are usually
exercised by college presidents which are not inconsistent with the
provisions of this law, are the following:
(a) To recommend to the Board of Trustees for
appointment, a vice president, deans, professors, instructors,
lecturers, and other employees of the College;
(b) To promulgate for the government of the College
such general ordinances and regulations, not contrary to law, as are
consistent with the purposes of the College; and
(c) To suggest to the Chairman of the Board special
meetings of the Board when the need arises.
Sec. 8. The Secretary of the College. — The Board
shall appoint a secretary who shall serve as such for both the Board
and the College, and shall keep all records and proceedings of the
Board. He shall communicate to each Member of the Board notice of
meetings.
Sec. 9. The College Council Powers. — There shall
be a College Council, under the chairmanship of the President of the
College consisting of faculty members with the rank of dean, professor,
associate professor, and assistant professor. Subject to existing laws
and orders, the Council shall have the power to prescribe the courses
of study and rules of discipline; fix the requirements for admission to
the College; serve as advisory council to the President; and through a
tribunal of not more than five members elected by the members of the
Council, administers disciplinary measures among the student body and
faculty of the College.
Sec. 10. College Centers. — The President shall
organize the following centers whose staff shall be selected among the
members of existing faculty whose heads shall be known as Director of
the Center;
(a) Research and Planning Center. — The Research and
Planning Center is charged with the responsibility of coordinating all
researches of the College and planning for its expansion and
development in line with the philosophy of the College and the national
goals of the Republic of the Philippines.
(b) Guidance and Counseling Center. — It shall be the
duty of the Center to provide counseling and guidance programs for the
faculty, student and employees of the College.
(c) Student Service Center. — It shall be the duty of
the Center to look after the interest of the student body, provide them
with facilities for development and organize them into social action
groups to help in countryside development.
Sec. 11. The Officers of the Administration. — The
Officers of the Administration of the College are the President, the
Vice-President for Academic Affairs, the Deans of the different
colleges, the Secretary of the College, Center Directors, and College
Treasurer.
Sec. 12. The Faculty and Other Personnel of the
College. — The body of professors and instructors of each college shall
constitute its faculty. They shall be appointed by the Board of
Trustees upon the recommendation of the President of the College. In
the recruitment of the professors, instructors, and other personnel of
the College, no religious tests shall be required nor shall their
religious opinion or affiliation be made a matter of examination or
inquiry: Provided, however, That no professor or instructor or any of
its personnel shall inculcate sectarian tenets in any of their
teachings.
Sec. 13. Civil Service Requirements. — Except the
President and the Vice President for Academic Affairs, all employees of
the College shall be subject to the rules of the civil service. Highly
technical positions may be exempt from civil service eligibility upon
approval of the Board as recommended by the President: Provided,
however, That all shall be entitled to the privileges and rights of
security of tenure, promotion in positions and salaries for meritorious
service, leaves and retirement benefits, as in the government service
as now provided for by law.
Sec. 14. The Auditor of the College. — The
Commissioner on Audit of the Philippines shall be ex officio auditor of
the College and shall designate his representative who must hold
regular office therein to be able to perform his duties efficiently and
satisfactorily as a regular official thereof. The designated
representative shall be at least a Certified Public Accountant with the
rank of Chief of a Division in the Commission on Audit whose salary
shall vary and benefits shall be paid by the College.
Sec. 15. Loans or Transfers of Apparatus or
Supplies; Detail of Employees for Duty in the College. — Heads of
bureaus and offices of the National Government are hereby authorized to
loan or transfer, upon request of the President of the College, such
apparatus or supplies as may be needed by the College and to detail
employees for duty therein when, in the judgment of the Bureau or
Office, such supplies or employees can be spared without serious
detriment to the public service. Employees so detailed shall perform
such duties as are required under such detail, and the time so employed
shall count as part of their regular service.
Sec. 16. The Board of Visitors. — The President of
the Philippines, the Members of the Cabinet, and the Speaker of the
Batasang Pambansa or his designated representative shall constitute a
Board of Visitors of the College, whose duty shall be to attend
commencement exercises, to make visits at such other time as it may
deem proper, to examine the property, course of study, discipline, the
state of finances of the College, to inspect all books and accounts of
the institution, and to make reports to the President of the
Philippines upon the same, with such recommendations as it may favor.
Sec. 17. All existing appropriations for the East
Visayan School of Arts and Trades in Dumaguete City, the
Guihulñgan Vocational High School in Guihulñgan, and the
Bais School of Fisheries at Okiot, Bais City, are hereby transferred to
the Central Visayas Polytechnic College, to be disbursed in accordance
with the provisions of this Act.
Sec. 18. Abolition and Transfer. — The East
Visayan School of Arts and Trades, the Guihulñgan Vocational
High School and the Bais School of Fisheries are hereby abolished and
all their personnel unexpended appropriations, and all their assets,
fixed and movable, are transferred to the Central Visayas Polytechnic
College.
Sec. 19. General provisions. — (a) The Minister of
Education, culture and Sports is hereby directed to take such steps are
necessary for the immediate implementation of this Act. (b) All laws
inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.
Sec. 20. Effectivity. — This Act shall take effect
upon its approval.
Approved: June 10, 1983
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