Section 1. The Medina Lacson de Leon School of Arts and
Trades in the Municipality of Balanga, Province of Bataan, is hereby
converted into a polytechnic college to be known as the Bataan
Polytechnic State College hereinafter referred to as the State College
and integrating therewith the Bataan Community Colleges also located in
the same municipality and province.
Sec. 2. The State College shall primarily provide
higher professional, technical and special instruction and promote
technological studies, and scientific researches, advanced studies and
progressive leadership in education, engineering, science, arts,
humanities and other fields as may be relevant.
Sec. 3. The State College shall offer
undergraduate programs and short term courses within its area of
specialization as well as graduate courses, as the Board of Trustees
may deem necessary to carry out its objectives, particularly, in order
to meet the needs of the province.
Sec. 4. The existing high school shall be
transferred to the jurisdiction and supervision of the Department of
Education, Culture and Sports: provided, that this high school shall be
allowed to remain and operate within the campus of the State College
until it shall have been transferred to its own site or until its
students shall have been accommodated in other public or private high
schools, but not later than six (6) years from the approval of this Act.
Sec. 5. The State College shall have the general
powers of a corporation set forth in the Corporation Law. The
administration of the State College and the exercise of its corporate
powers shall be vested exclusively in the Board of Trustees and the
President of the State College insofar as authorized by the Board.
Sec. 6. The governing body of the State College
shall be the Board of Trustees, hereinafter referred to as the Board,
which shall be composed of the following:
(a) Chairman of the Commission on Higher Education
(CHED), chairman;
(b) President of the State College, vice-chairman;
(c) Chairman of the Committee on Education, Culture
and Arts of the Senate, member;
(d) Chairman of the Committee on Education and
Culture of the House of Representatives, member;
(e) Regional Director of the National Economic and
Development Authority (NEDA), member;
(f) Regional Director of the Department of Science
and Technology (DOST), member;
(g) President of the faculty association of the State
College, member;
(h) President of the supreme student council, member;
(i) President of the alumni association, 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) persons qualified in the
Province of Bataan, as recommended by a search committee constituted by
the State College president in consultation with the chairman of CHED,
based on accepted standards and qualification for the position.
The Chairman of the Commission on Higher Education, the President of
the State College, the Education Committee Chairmen of the Senate and
the House, and the Regional Director of the National Economic and
Development Authority shall have an ex officio term of office.
The term of office of the president of the faculty association, the
student council, and the alumni association, shall be coterminous with
their term of office.
The two (2) prominent citizens shall serve for a term of two (2) years.
Sec. 7. The administration of the State College
shall be vested in the president of the State College who shall render
full-time service. He shall be appointed by the Board of Trustees upon
the recommendation of a duly constituted search committee. He shall
have a term of four (4) years and shall on the basis of demonstrated
performance be eligible for reappointment for another term only.
The president shall be assisted by a vice president for academic
affairs who shall be appointed by the Board upon the former's
recommendation without prejudice to the appointment of more than one
(1) vice president when so warranted.
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 of
the State College 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.
The powers and duties of the president of the State College in addition
to those specifically provided in this Act, shall be those usually
pertaining to the office of the president of similar state colleges.
The salary of the president of the State College 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 of like enrollment and standing.
Sec. 8. In order to ensure the smooth transition
to State College, the incumbent heads of the two schools shall serve as
members of the transitory body which shall oversee the administration
of the State College on direction from the Board until a new president
is appointed, subject to the provisions of Sec. 7 on the state
college president, provided that this arrangement shall not go beyond
one calendar year from the approval of this Act.
Sec. 9. 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, science and technology, arts, culture and sports, as well as
the policies, standards and thrusts of the CHED under Republic Act No.
7722.
Section 10. The governing 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:
(a) To enact rules and regulations not contrary to
law as may be necessary to carry out the purposes and functions of the
State College;
(b) To receive and appropriate all sums as may be
provided for the support of the State College in the manner it may, in
its discretion, determine to carry out the purposes and functions of
the State College;
(c) To set policies on admission and graduation of
students;
(d) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds and to administer
and dispose the same when necessary for the benefit of the State
College and subject to the limitations, directions and instructions of
the donor, if any. Such donations shall be exempt from all taxes and
shall be considered as deductible items from the income tax of the
donor;
(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 consultations with the involved sectors;
Such fees and charges, including government subsidies and other income
generated by the State College, 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 State College.
Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the State College from tuition
fees and other charges, as well as from the operation of auxiliary
services and land grants, shall be retained by the State College, and
may be disbursed by the Board of Trustees for instruction, research,
extension or other programs/projects of the State College: provided,
that all fiduciary fees shall be disbursed for the specific purposes
for which they are collected.
If for reasons beyond its control, the State College shall not be able
to pursue any project for which funds have been appropriated and
allocated under its approved program of expenditures, the Board of
Trustees 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 State College.
(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, materials and equipment. Purchases and other transactions
entered into by the State College through the Board shall be exempt
from all taxes and duties;
(g) To appoint upon the recommendation of the
president of the State College, vice presidents, deans, directors,
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 confer degrees upon successful candidates for
graduation, to award honorary degrees upon persons in recognition of
outstanding contribution in the field of education, public service,
arts and science, and technology or in any field of specialization
within the competence of the State College and to authorize the award
of certificate for completion of nondegree and nontraditional courses;
(k) To absorb non-chartered tertiary institutions
within their respective provinces in coordination with the CHED and in
consultation with the Department of Budget and Management, and to offer
therein, needed programs or courses, to promote and carry out equal
access to educational opportunities mandated by the Constitution;
(l) To establish chairs in the State College and to
provide fellowships for qualified faculty members and scholarships to
deserving students;
(m) To establish research and extension centers of
the SUC where such will promote the development of the latter;
(n) To adopt and implement a socialized scheme of
tuition and school fees for greater access to poor but deserving
students;
(o) To delegate any of its powers and duties provided
for hereinabove to the president and/or other officials of the State
College as it may deem appropriate so as to expedite the administration
of the affairs of the State College;
(p) To authorize an external management audit of the
institution, to be financed by the CHED and to institute reforms,
including academic and structural changes, on the basis of the audit
results and recommendations;
(q) To collaborate with other governing boards of
SUC's within the province or region, under the supervision of the CHED
and in consultation with the Department of Budget and Management, the
restructuring of said State College 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 State College, the proceeds from which to be used for the
development and strengthening of the State College;
(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 State College;
(t) To develop academic arrangements for institution
capability building with appropriate institutions and agencies, public
and private, local and 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 institution;
(w) To privatize, where most advantageous to the
institution, management and non-academic services such as health, food,
building or grounds or property maintenance and such other similar
activities; and
(x) To extend the term of the president of the State
College 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 by the search committee
for the president of the institution concerned.
Section 11. The Board of Trustees shall regularly
convene once every two (2) months. The chair of the Board of Trustee
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 State College 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 said meeting, the
president of the State College as vice-chairman shall be the presiding
officer: provided, further, that this proviso notwithstanding, the
chairman of the CHED is hereby authorized to designate as CHED
commissioner the regular chair to the board of the State College, in
which case said CHED commissioner shall act as the presiding officer.
The members of the Board of Trustees shall not receive compensation but
shall be entitled to a per diem of Five hundred pesos (P500.00) per
meeting actually attended: provided, that the aggregate amount shall
not exceed Two thousand pesos (P2,000.00) during any month for each
member and the secretary. The State College shall reimburse them for
actual and necessary expenses incurred either in attendance of meetings
of the Board or in other official business authorized by resolution of
the Board subject to existing laws on honoraria and allowances.
Section 12. There shall be an academic council with
the president of the State College as chairman, the vice-presidents,
deans of colleges, all members of the instructional staff with the rank
of not lower than assistant professor, secondary school principals and
heads of departments as members. The council shall have the power to
prescribe the curricula and rules of discipline, subject to the
approval of the Board of Trustees. It shall promulgate and fix the
requirements for admission to, and graduation from, the State College
as well as the conferring of degrees, subject to review by the Board.
The council alone shall have the power to recommend students or others
to be recipients of degrees. Through the president of the State College
or a duly authorized committee, the council shall have disciplinary
power over the students within the limits prescribed by the rules of
discipline.
The academic council shall, upon approval of the Board of Trustees,
expand the academic programs of the State College to include on its
academic offering undergraduate, graduate and/or post graduate degree
courses, engineering, education, business and others that may be found
necessary to meet the needs of Bataan and the Region and to institute
the organizational structure or machinery to cope with its expansion
requirements.
Section 13. All processes against the Board of
Trustees shall be served on the president of the State College.
Section 14. There shall be an administrative council
consisting of the president of the State College, as chairman, the
vice-presidents, deans, directors and other officials of equal rank,
whose duty is to implement the policies governing the administration,
management and development planning of the State College as approved by
the Board.
Section 15. The Treasurer of the Republic of the
Philippines shall be the ex officio Treasurer of the State College.
Section 16. All accounts and expenses of the State
College shall be audited by the Commission on Audit or its duly
authorized representative.
Section 17. There shall be a secretary of the State
College who shall be appointed by the Board of Trustees upon
recommendation of the president of the State College. He shall also be
the secretary of the Board of Trustees and shall keep such records of
the State College as may be determined by the Board. He shall
communicate to each member of the Board notice of meetings.
Section 18. In the appointment of members of the
faculty, no religious opinion or affiliation shall be a matter of
inquiry: provided, that no member of the faculty shall teach for or
against any particular church or religious sect.
Section 19. No Member of the faculty of the State
College shall attempt directly or indirectly, under penalty of
dismissal by the Board of Trustees, to influence students or any other
person in the State College towards any ideology, which preaches the
overthrow of the government through violence or subversion.
Sec. 20. No student shall be denied admission to
the State College for reasons of sex, ethnic consideration, religious
or political affiliation.
Sec. 21. Heads of bureaus and offices of the
national government are authorized to loan or transfer, upon request of
the president of the State College, such apparatus, supplies,
equipment, and buildings as may be needed by the State College and to
detail employees for duty therein, when in the judgment of the bureau
or office such apparatus, supplies, equipment, buildings, or service of
such employees can be spared without serious detriment to the public
service. Employees so detailed shall perform such duty as is required
under detail, and the time employed shall be counted as part of their
regular official service.
Sec. 22. On or before the fifteenth day of the
second month after the opening of regular classes each year, the
president of the State College shall file with the Office of the
President of the Philippines through the chairman of the CHED, and with
the Senate and the House of Representatives, a detailed report on the
progress, conditions, and needs of the State College.
Sec. 23. 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.
Sec. 24. All assets, fixed and movable, personnel
and records as well as liabilities and obligations of the Medina Lacson
de Leon School of Arts and Trades and the Bataan Community Colleges,
except those belonging to or to be used by the high schools, are hereby
transferred to the State College: provided, however, that the
positions, rights and security of tenure of personnel therein employed
under existing laws prior to absorption by the State College are not
impaired: provided, further, that the incumbents of the positions shall
remain in the same status until otherwise provided for by the Board:
and Provided, furthermore, that personnel who have attained retirement
age, may retire under existing laws: provided, finally, that in case of
vacancies, local residents shall be given preference in the hiring of
personnel. All parcels of land belonging to the government occupied by
the Medina Lacson de Leon School of Arts and Trades and the Bataan
Community Colleges are hereby declared to be the property of the Bataan
Polytechnic State College and shall be titled under that name:
provided, that should the State College cease to exist or be abolished
or should such parcels of land aforementioned be no longer needed by
the State College, the same shall revert to the Province of Bataan.
Sec. 25. The amount necessary for the
implementation of this Act shall be charged against the current year's
appropriations of the Medina Lacson de Leon School of Arts and Trades,
except the sum 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 State College shall be included in the
annual General Appropriations Act.
Sec. 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.
Sec. 27. This Act shall take effect upon its
approval.
Approved: February 26, 1998
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