REPUBLIC ACT NO. 5521 - AN ACT
ESTABLISHING THE BICOL UNIVERSITY, DEFINING ITS POWERS, FUNCTIONS, AND
DUTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 1. Establishment. — There is hereby established in
the Province of Albay with a central site and administration office at
Regan Barracks, Legaspi City and Municipality of Daraga, a university
which shall be known as "the Bicol University", the same being
organized as a body corporate under that name.
Sec. 2. Conversion. — The Bicol Teachers College,
the Daraga Central Elementary School, the Albay Provincial High School,
the Bicol Regional School of Arts and Trades, the Roxas Memorial
Agricultural School, and the School of Fisheries at Tabaco, Albay, are
hereby converted into appropriate or other units of the University. The
Board of Regents may reorganize them as provided for in Sec. 6 (e)
hereof.
Sec. 3. Purpose. — The Bicol University shall
primarily give professional and technical training, and provide
advanced and specialized instruction in literature, philosophy, the
science and arts, besides providing for the promotion of scientific and
technological researches.
Sec. 4. Powers of the University. — The following
are the powers of the University:
(a) It shall have the general powers as set forth in
Section 13 of Act No. 1459, as amended. The exercise of its corporate
powers are hereby vested exclusively in the Board of Regents and in the
President of the University in so far as authorized by the Board;
(b) It shall have the power to acquire public lands
for its expansion and/or beneficial use; and
(c) It shall be authorized, through its college of
engineering, to undertake the construction of its buildings and other
permanent improvements and such sums as may be necessary for the
purpose shall be included in the Annual General Appropriations Act for
the University. All public works appropriations in the name of the
Bicol Teachers College, the Daraga Central Elementary School, the Albay
Provincial High School, the Bicol Regional School of Arts and Trades,
the Roxas Memorial Agricultural School, and the School of Fisheries are
hereby transferred to the University so provided for in this Act:
Provided, That the construction of its buildings and other permanent
improvements as authorized in the public works Acts of the Government
shall be undertaken by the college of engineering as herein provided
any provision of existing laws to the contrary notwithstanding.
Sec. 5. Governing Board; manner of appointment. —
The government of the Bicol University is vested in a Board of Regents
which shall be composed of nine members, six of whom are regular
members and three are ex-officio members. The regular members must be
Filipino citizens and residents of the Philippines, two of whom shall
be known educators in or from the Bicol Region, two shall successful
businessmen or industrialists or professionals of the Region who have
shown and are showing interest in the cause of education in the region,
and two shall be successful alumni of any of the school or college to
be incorporated with and integrated into the University upon
recommendation of their respective alumni association, and who will be
replace in due time, when available, by successful alumni of the
University and upon recommendation by their alumni association when
this shall have been organized. The three ex-officio members shall be
the Secretary of Education, who shall be the ex-officio Chairman of the
Board, the Chairman of the Committee on Finance of the Senate and the
Chairman of the Committee on Appropriations of the House of
Representatives.
The regular members of the Board of Regents who shall serve a term of
four years, shall be appointed by the President of the Philippines,
with the consent of the Commission on Appointments. Of the six regular
members of the Board of Regents 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 two to serve for four
years.
In the absence of inability of the Secretary of Education or when the
position is vacant, 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, with the consent of the Commission on
Appointments, appoint a new member to serve for the unexpired term only.
No person in the employ of the University or any other educational
institution in the Region in any capacity whatsoever, whether as dean,
professor, instructor, lecturer or otherwise, shall be eligible for
membership in the Board.
The regular members of the Board of Regents 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,
together with 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.
Sec. 6. Powers and duties of the Board of Regents.
— The Board of Regents shall have the following powers and duties, in
addition to its general powers of administration and the exercise of
the powers of the corporation:
a) To determine and fix the dates and time of their
regular meetings, as well as special meetings as the need for same may
arise: Provided, That all such meetings shall not be more than three
times in any one month, nor less than one time in any one quarter;
b) To recommend the President of the University for
appointment by the President of the Philippines with the consent of the
Commission on Appointments, and who shall serve for a period of nine
years;
c) To fix the compensation of the President of the
University and to empower him to sit as ex-officio members of the Board
with right to participate in the deliberations but without the right to
vote;
d) To receive and appropriate to the ends specified
by law such sums as may be provided by law for the support of the
University;
e) To provide for the establishment of colleges and
schools as it may deem necessary: Provided, That at the initial
establishment of the university, the Bicol Teachers College together
with the Daraga Central Elementary School and the Albay Provincial High
School shall be converted into the College of Education for elementary,
high school and collegiate education; the Bicol Regional School of Arts
and Trades into the School of Arts and Trades under the College of
Engineering; the Roxas Memorial Agricultural School into the College of
Agriculture, and the School of Fisheries into the College of Fisheries.
It shall be required that the Board of Regents immediately establish a
post-graduate course in liberal arts and sciences or in education
leading to master's degree. The university shall also be required to
possess and maintain a professionally administered library of at least
ten thousand bound volumes of collegiate books;
f) 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 University or of a department thereof, or for
aid to any student or students in accordance with the direction or
instructions 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;
g) To appoint, on the recommendation of the President
of the University, professors, instructors, lecturers and other
employees of the University; to fix their compensation, hours of
service, and such other duties and conditions as it may deem proper; to
grant to them in its discretion leave of absence under such regulations
as it may promulgate, any provisions of law to the contrary
notwithstanding, and to remove them for cause after an investigation
and hearing shall have been had; and to extend with their consent the
tenure of faculty members of the university beyond the age of
sixty-five, any other provision of law to the contrary notwithstanding,
on recommendation of the President of the University, whenever in his
opinion their services are specially needed: Provided, however, That no
extension of service shall be made beyond the age of seventy: Provided,
further, That all heads, professors, instructors, lecturers,
researchers and other employees actually employed in the schools and
colleges to be incorporated with and integrated into the university
shall be automatically retained consistent with the Civil Service rules
and regulations;
h) To approve the courses of study and rules of
discipline drawn up by the university council as hereinafter provided;
to fix the required tuition fees, matriculation fees, fees for
laboratory courses, graduation fees, and all special and other fees; to
remit the same in special cases; and, to utilize the income derived
therefrom for the maintenance of the university together with the
annual appropriation provided for in Section 19 hereof;
i) To provide fellowships and scholarships and to
award the same to students showing special evidence of merit;
j) To establish chairs in the colleges hereinbefore
mentioned and to provide for the maintenance or endowment of such
chairs, as well as to provide for such other professors, assistant
professors, instructors, tutors, and lecturers as the progress of
instruction may make necessary, and to fix the compensation pertaining
to such positions;
k) To confer the usual honorary degrees upon persons
other than graduates of the university in recognition of learning,
statesmanship, or eminence in literature, science, or arts: Provided,
That such degrees shall not be conferred in consideration of the
payment of money or other valuable consideration; and
l) To file with the President of the Philippines a
detailed report, setting forth the progress, conditions and needs of
the university on or before the fifteenth day of September of each year.
Sec. 7. Quorum. — A quorum of the Board of Regents
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 Regents shall be served on the chairman or secretary thereof.
Sec. 8. Administration. — The Administration of
the University shall be vested in the President of the University who
shall render full time service.
The President of the University shall be assisted by three
Vice-Presidents; one Executive Vice-President, one Vice- President for
Academic Affairs and one Vice-President for External Affairs, who shall
be appointed by the Board of Regents upon the recommendation of the
President of the University and whose compensation shall be fixed by
the Board.
Sec. 9. Powers of the President. — The powers and
duties of the President of the University, in addition to those usually
pertaining to the office of the president of a university which are not
inconsistent with provisions of this law, are the following:
a) To recommend to the Board of Regents for
appointment, vice-presidents, deans, professors, instructors,
lecturers, and other employees of the university;
b) To promulgate for the government of the University
such general ordinances and regulations, not contrary to law, as are
consistent with the purposes of the University.
SECTION 10. The Secretary of the University. — The
Board of Regents shall appoint a secretary who shall serve as such for
both the Board and of the University, and shall keep such records of
the university as may be designated by the Board and the President of
the University.
SECTION 11. The University Council; powers. — There
shall be a university council, consisting of the president of the
university and of all the members of the faculty of the university
holding the rank of dean, professor, associate professor, and assistant
professor. Subject to existing laws, the council shall have the power
to prescribe the courses of study and rules of discipline, provided
these matters are first approved by the Board of Regents. Subject to
the same limitations, it shall fix the requirements for admission to
any college of the University as well as for graduation and the
conferment of degrees. The council alone shall have the power to
recommend students or others to be recipient of degrees. Through its
president or committee, it shall have the disciplinary powers over the
students within the limits prescribed by the rules of discipline
approved by the Board of Regents.
SECTION 12. The Faculty of the University. — The body
of professors and instructors of each college shall constitute its
faculty, and as presiding officer of each faculty there shall be a dean
elected by the Board of Regents on nomination by the president of the
university. In the appointment of professors, instructors, and other
personnel of the university, no religious or political tests shall be
required, nor shall their religious or political opinions or
affiliations be made a matter of examination or inquiry: Provided,
however, That no professor or instructor or any other personnel in the
university shall inculcate sectarian tenets in any of the teachings,
nor attempt, either indirectly or directly, under penalty of dismissal
by the Board of Regents to influence students or attendants at the
University for or against any particular church or religious sect or
for or against any political party during any political campaign. The
university shall enjoy academic freedom.
SECTION 13. Civil Service requirements. — The
president, vice-presidents, deans, professors, other regular
instructors and employees in the university shall be exempt from any
civil service examination or regulation as a requisite to appointment
except the classified employees in the offices of the Comptroller and
the representative of the Auditor General; 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.
SECTION 14. The Comptroller of the University. —
There shall be a Comptroller of the university who shall be appointed
by the President of the Philippines with the consent of the Commission
on Appointments. The comptroller shall have the civil service
qualification and rank of a provincial treasurer. Subject to the last
proviso of Sec. 6 (g) hereof, he shall have the power to appoint his
subordinates who must be civil service eligibles. The size of the
Comptroller's staff and compensations of the same including that of the
Comptroller shall be determined and fixed by the Board of Regents.
SECTION 15. The Auditor of the University. — The
Auditor General of the Philippines shall be ex-officio auditor of the
university and shall designate his representative who must hold the
regular office in the university to be able to perform his duties
efficiently and satisfactorily as a regular official of the university.
The designated representative shall have the civil service
qualification and rank of a provincial auditor and shall have the power
to appoint his subordinates, subject to the last proviso of Sec. 6 (g)
hereof, who must be civil service eligibles. The size of the office
staff and compensations of the same shall be determined and fixed by
the Board of Regents. The compensation of the Auditor's representative
shall also be fixed by the Board of Regents upon recommendation by the
Auditor General.
SECTION 16. Loans or transfers of apparatus or
supplies; detail of employees for duty in the university. — 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 or supplies as may be needed by the university 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.
SECTION 17. Board of Visitors of the University. —
The President of the Philippines, the President of the Senate and the
Speaker of the House of Representatives, and the Senators and
Congressmen from the Bicol Region shall constitute a board of visitors
of the university, whose duty it shall be to attend commencement
exercises of the university, 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 university, 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.
SECTION 18. Abolition and Transfers. — The Bicol
Teachers College, the Daraga Central Elementary School, the Albay
Provincial High School, the Bicol Regional School of Arts and Trades,
the Roxas Memorial Agricultural School, and the School of Fisheries at
Tabaco, Albay, are hereby abolished and all their personnel, unexpended
appropriations, and all their assets fixed and movable are transferred
to the Bicol University.
SECTION 19. Appropriations. — The sum of one million
pesos is hereby appropriated out of any funds in the National Treasury
to be expended in the discretion of the Board of Regents for the
establishment and operation of the university. The unexpended balances
in the appropriations for the schools and colleges incorporated with
and integrated into the university at the time of incorporation and
integration shall be added to this sum of one million pesos.
Thereafter, funds for the maintenance of the university shall be
included in the annual General Appropriations Act of the National
Government, the total sum of which shall be recommended by the Board of
Regents of the university.
Sec. 20. Effectivity. — This Act shall take effect
upon its approval.
Approved: June 21, 1969
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