Title
Creation of Batangas State University
Law
Republic Act No. 9045
Decision Date
Mar 22, 2001
Republic Act No. 9045 establishes the Batangas State University, integrating multiple educational institutions to provide advanced instruction and professional training in various fields, with the Board of Regents having the authority to govern and make policies for the University's administration and development.

Purpose and academic offerings

  • Section 2 requires the University to primarily provide advanced instruction and professional training in scientific, technological and special instructions, focused on engineering and technology education, business and economics and entrepreneurial technology, agriculture, teacher education, arts and sciences, and other related fields.
  • Section 2 requires the University to undertake research and extension services and to provide progressive leadership in these areas.
  • Section 3 authorizes the University to offer undergraduate, graduate and short-term technical courses within its areas of specialization, according to its capabilities, as the Board of Regents deems necessary.
  • Section 3 requires course offerings to meet the needs of the province and the region.
  • Section 3 provides that the existing high schools of the former Pablo Borbon Memorial Institute of Technology, Jose P. Laurel Polytechnic College, and Apolinario R. Apacible School of Fisheries are transferred to the jurisdiction and supervision of the Department of Education, Culture and Sports (DECS).
  • Section 3 allows those high schools to remain and operate within the campuses of the University until their students complete high school education.
  • Section 3 allows the University to operate a reasonably-sized laboratory school if it has a college of education.

Corporate powers and governance

  • Section 4 grants the University the general powers of a corporation under the Corporation Law, and vests administration and power-exercise exclusively in the Board of Regents.
  • Section 5 establishes the Board of Regents as the governing body of the University.
  • Section 5 sets the Board composition, including:
    • the Chairman of the Commission on Higher Education (CHED) as chairman;
    • the president of the University as vice chairman;
    • the Chairman of the Senate Committee on Education, Arts and Culture as member;
    • the Chairman of the House Committee on Higher and Technical Education as member;
    • the Regional Director of NEDA for where the main campus is located as member;
    • the Regional Director of DOST for where the main campus is located as member;
    • the president of the federation of faculty associations of the University as member;
    • the president of the federation of student councils or the students’ representative elected by the federation of student councils as member;
    • the president of the federation of alumni associations of the University as member; and
    • Two (2) prominent citizens with distinguished professional or specialization records chosen from a list of at least five (5) qualified persons in the Province of Batangas, recommended by a search committee constituted by the president in consultation with the Chairman of CHED.
  • Section 5 provides that the presidents of the faculty federation, student federation, and alumni federation serve coterminous terms with their respective offices.
  • Section 5 provides that the Two (2) prominent citizens serve for a term of two (2) years.
  • Section 5 provides that if the president of any federation seat is vacant, the officer-in-charge designated by the Board serves for the unexpired term only.
  • Section 6 requires the Board to promulgate and implement policies consistent with State policies on education and constitutional provisions on education, agriculture, and science and technology, and consistent with CHED policies, standards, and thrusts under Republic Act No. 7722.

Board powers, finances, and tuition

  • Section 7 empowers the Board to enact rules and regulations not contrary to law to carry out the University’s purposes and functions.
  • Section 7 authorizes the Board to receive and appropriate all sums provided for the University’s support in the manner it determines in its discretion.
  • Section 7 authorizes the Board to receive in trust legacies, gifts and donations of real and personal properties of all kinds, administer and dispose them for the University’s benefit, and subject them to donors’ limitations, directions, and instructions.
  • Section 7 provides that such donations are exempt from all taxes and are considered deductible items from the income tax of the donor.
  • Section 7 authorizes the Board to fix tuition fees and other school fees and charges (including matriculation fees, graduation fees and laboratory fees) after due consultations with involved sectors.
  • Section 7 provides that tuition and other related fees, including government subsidies and other University income generated, constitute special trust funds deposited in an authorized government depository bank, and that all interest accrues to the same fund for University use.
  • Section 7 requires that all fiduciary fees be disbursed only for the specific purposes for which they are collected.
  • Section 7 authorizes the University to retain income generated from tuition and other charges, as well as from auxiliary services and land grants, and to disburse it for University instruction, research, extension, or other programs/projects; it requires disbursement of fiduciary fees to their specific purposes.
  • Section 7 authorizes the Board, if the University cannot pursue projects funded under an approved expenditure program for reasons beyond its control, to authorize use of those funds for any reasonable, necessary and urgent purposes for attaining University objectives and goals.
  • Section 7 requires adoption of a socialized scheme of tuition and school fees for greater access to poor but deserving students.
  • Section 7 authorizes construction or repair of buildings, machineries, equipment, facilities, and purchase/acquisition of real and personal properties and necessary supplies, materials, and equipment.
  • Section 7 provides that purchases and transactions entered into by the University through the Board are exempt from all taxes and duties.
  • Section 7 authorizes the Board to:
    • appoint vice presidents, deans, directors, heads of departments, faculty members, and other officials and employees upon the president’s recommendation;
    • fix and adjust salaries of faculty and administrative officials and employees subject to the Revised Compensation and Position Classification System and other relevant budget and compensation laws;
    • grant leaves of absence under regulations it promulgates, notwithstanding any contrary existing law provisions;
    • remove personnel for cause in accordance with due process of law;
    • approve curricula, institutional programs, and rules of discipline drawn by administrative and academic councils;
    • set policies on admission and graduation;
    • award honorary degrees and authorize certificate of completion for non-degree and non-traditional courses;
    • establish and absorb tertiary institutions in the Province of Batangas as branches/centers/stations in coordination with CHED and in consultation with the DBM, and offer programs to carry out equal access to educational opportunities mandated by the Constitution;
    • establish research and extension centers;
    • establish chairs, provide fellowships for qualified faculty, and scholarships to deserving students;
    • delegate any powers and duties to the president and/or other officials to expedite administration;
    • authorize an external management audit financed by CHED and institute reforms based on audit results;
    • collaborate with other state university and college governing boards in Region IV under CHED supervision and in consultation with DBM to restructure them for efficiency, relevance, productivity, and competitiveness;
    • enter into joint ventures with business and industry for profitable development and management of University economic assets, with proceeds used to develop and strengthen the same;
    • develop consortia and linkages with local government units and institutions/agencies public and private, local and foreign, to further University purposes;
    • develop academic arrangements for capability building with appropriate institutions/agencies and appoint experts/specialists as consultants or visiting/exchange professors/scholars/researchers;
    • set policy guidelines for participative decision-making and transparency within the University;
    • privatize, where most advantageous, management of non-academic services such as health, food, building, grounds or property maintenance and similar activities;
    • extend the term of the president beyond retirement age but not later than seventy (70) when performance is unanimously rated outstanding and unanimously recommended by the search committee.

Board meetings, leadership, and councils

  • Section 8 requires the Board to convene at least once every quarter.
  • Section 8 authorizes the Chairman of the Board to call a special meeting whenever necessary, provided members are notified in writing at least three (3) days prior.
  • Section 8 provides that a quorum is a majority of all members holding office, and requires the Chairman of CHED (who is chairman of the Board) or the president of the University be present.
  • Section 8 provides that in the absence of the Chairman of CHED, a duly designated CHED Commissioner represents him with all rights and responsibilities of a regular member.
  • Section 8 provides that the president of the University, as vice chairman, presides in the meeting, subject to a later proviso authorizing CHED to designate a CHED Commissioner as regular chair who acts as presiding officer.
  • Section 8 provides that Board members serve without compensation, but are reimbursed for necessary meeting expenses incurred in attendance subject to pertinent existing laws and regulations or Board-resolution-authorized official business.
  • Section 9 vests University administration in a president who renders full-time service, appointed by the Board upon recommendation of a duly constituted search committee.
  • Section 9 sets the president’s term at four (4) years, eligible for reappointment for another term.
  • Section 9 provides that in case of vacancy by death, resignation, removal for cause, or incapacity, the Board designates an officer-in-charge pending appointment of a new president.
  • Section 9 provides that a successor due to vacancy holds office for the unexpired term, and if the successor serves more than two (2) years, it counts as one full term for that successor.
  • Section 10 creates an administrative council chaired by the president and composed of vice presidents, deans, directors, and other officials of equal rank, tasked to review and recommend policies on administration, management, and development planning to the Board.
  • Section 11 creates an academic council chaired by the president and composed of instructional staff with rank not lower than assistant professor.
  • Section 11 gives the academic council power to review and recommend curricular offerings and rules of discipline for Board action, and to fix admission and graduation requirements and conferment requirements for Board review/approval.
  • Section 11 gives the academic council disciplinary power over students and authority to formulate academic policies and rules and regulations on discipline subject to Board approval.
  • Section 12 requires the Board to appoint a secretary serving for both the Board and University, tasked to keep all Board records and proceedings and communicate meeting notices to Board members.
  • Section 13 designates the Treasurer of the Philippines as the ex officio treasurer of the University.

Faculty appointment limits and transition

  • Section 14 prohibits religious opinion or affiliation from being a matter of inquiry in the appointment of faculty members of the University.
  • Section 14 prohibits any faculty member from teaching for or against any particular church or religious sect.
  • Section 15 provides for transition: the incumbent president of the Pablo Borbon Memorial Institute of Technology, if qualified, serves as the University’s first president subject to Section 9, and his remaining term counts as his first term as University president.
  • Section 16 transfers to the University all assets (fixed and movable), personnel, records, and liabilities/obligations of the integrated institutions and their listed branches/campuses in the Province of Batangas.
  • Section 16 protects tenure and employment rights: personnel positions, rights, and security of tenure under existing laws prior to absorption are not impaired.
  • Section 16 provides that incumbents remain in the same status until otherwise provided by the Board.
  • Section 16 declares that parcels of land belonging to the government and occupied by the integrated institutions are property of the Batangas State University and must be titled under the University name.
  • Section 16 provides that if the University ceases to exist or is abolished, or if the parcels are no longer needed by the University, the parcels revert to the province, municipality, or city where located.

Government support and education access

  • Section 17 authorizes heads of national government bureaus and offices, upon request of the University president, to loan or transfer apparatus, equipment, supplies, and to detail employees to the University when such resources can be spared without detriment to public service.
  • Section 17 provides that detailed employees perform duties required by the president, and the time employed counts as part of their official service.
  • Section 18 requires the University to provide a scholarship program and other affirmative action programs to assist poor but deserving students to qualify for admission.
  • Section 18 prohibits denying admission to any student by reason of sex, religion, cultural or community affiliation, or ethnic origin.
  • Section 19 grants the University academic freedom.
  • Section 23 exempts faculty members at the tertiary level from any civil service examination as a requisite for appointment, without prejudice to the Board imposing other professional examination requirements to maintain high academic standards.
  • Section 24 incorporates Republic Act No. 8292 (“Higher Education Modernization Act of 1997”) as an integral part of the University charter.
  • Section 25 grants to the University and its officials all other powers, functions, privileges, responsibilities, and limitations to state universities and/or officials under existing laws whenever appropriate.

Reporting, budget, and implementation timelines

  • Section 20 requires that on or before the fifteenth of the second month after the opening of regular classes each year, the Board files a detailed report with both Houses of Congress on progress, conditions, and needs of the University.
  • Section 21 charges the amount necessary to carry out the Act against the current year’s appropriations of the four integrated institutions/campuses, and thereafter provides that sums necessary for continued operation and maintenance are included in the annual General Appropriations Act.
  • Section 22 requires, within one hundred twenty (120) days after approval, that the University:
    • submit a five (5) year development plan including its corresponding program budget to CHED for appropriate recommendation to the DBM;
    • undergo a management audit in cooperation with CHED;
    • set up organizational, administrative, and academic structure, including appointment/designation of University key officials; and
    • establish at least four (4) separate degree granting units, including one of the arts and sciences and another at the graduate level.

Meetings frequency; administrative operations

  • Section 8 governs Board meeting frequency, special meetings, written notice timing (three (3) days), quorum, and CHED chairing/presiding rules.
  • Section 9 governs presidential administration with full-time service, appointment method, four (4) year term, reappointment eligibility, vacancy mechanisms, and successor term-counting rule after two (2) years.
  • Section 10 and Section 11 establish administrative and academic councils and define their review/recommendation and discipline responsibilities subject to Board action.

Effectivity and repeal

  • Section 26 repeals, amends, or modifies laws, presidential decrees, executive orders, rules, and regulations contrary to or inconsistent with the Act.
  • Section 27 provides that the Act takes effect upon approval.
  • The Act is approved on March 22, 2001.

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