Conversion of Basilan State College to University

General mandate and institutional role

Section 2 requires the BASSU to primarily provide advance education, higher technological and professional vocational instruction and training in specified fields of study, including arts and sciences, education, agriculture and industrial fields, management, criminology, maritime, medical education, legal education, nontraditional courses, and other relevant fields.
Section 2 requires the BASSU to provide short-term technical or vocational courses.
Section 2 requires the BASSU to undertake research and extension services and production activities.
Section 2 directs the BASSU’s research, extension, and production to support the socioeconomic development of the Province of Basilan and Region IX.

Curricular offerings and ongoing schools

Section 3 requires the BASSU to offer short-term technical-vocational, undergraduate, and graduate courses within its areas of competency and specialization.
Section 3 lists covered academic areas including arts and sciences, teacher education, engineering, science and technology, information and communications technology, management and accountancy, medical education, legal education, tourism, maritime education, criminology, and other relevant fields as the Board of Regents may deem necessary.
Section 3 requires that programs respond to meet human resources development needs of the Province of Basilan and Region IX.
Section 3 preserves all existing and future technical-vocational courses or programs under TESDA supervision, which must remain offered within BASSU campuses.
Section 3 preserves the operation of the existing reasonably sized laboratory senior high school and elementary school under the supervision of the College of Education of the BASSU for in-campus student requirements.

Corporate powers and university governance

Section 4 vests the BASSU with the general powers of a corporation under Batas Pambansa Blg. 68, as amended, the Corporation Code of the Philippines.
Section 4 vests exercise of corporate powers exclusively in the Board of Regents and the President of the BASSU.
Section 5 establishes the Board as the BASSU’s governing body.
Section 15 grants the BASSU academic freedom and institutional autonomy under paragraph 2, Section 5 of Article XIV of the Constitution.

Board of Regents composition and terms

Section 5 provides that the Board is chaired and co-chaired by the Chairperson of CHED and the President of the BASSU, respectively.
Section 5 requires Board membership to include:
- (a) Chairperson of the Committee on Higher, Technical and Vocational Education of the Senate
- (b) Chairperson of the Committee on Higher and Technical Education of the House of Representatives
- (c) Regional Director of the National Economic and Development Authority
- (d) Regional Director of the Department of Science and Technology
- (e) Regional Director of the TESDA
- (f) Regional Director of the Department of Agriculture
- (g) President of the federation of faculty associations of the BASSU
- (h) President of the federation of student councils of the BASSU
- (i) President of the federation of alumni associations of the BASSU
- (j) Two (2) prominent citizens from the private sector
Section 5 requires the Board to appoint the two (2) prominent citizens from a list of at least five (5) qualified persons in the Province of Basilan, based on standards set by the Board.
Section 5 sets the term of the two prominent citizens at two (2) years from the date of appointment.
Section 5 provides that the faculty, student, and alumni federation presidents serve on the Board coterminously with their respective terms of office under their constitutions and by-laws.

Board powers, duties, and governance acts

Section 6 requires the Board to promulgate and implement policies aligned with State policies and the Constitution on education, agriculture, science and technology, and the CHED policies, standards, and thrusts under Republic Act No. 7722 (the Higher Education Act of 1994).
Section 6 requires the Board to approve curricula, instructional programs, and rules of discipline drawn by the Administrative and Academic Councils.
Section 6 gives the Board the power to appoint, upon the President’s recommendation, vice presidents, deans, directors, heads of campuses, faculty members, and other officials and employees.
Section 6 grants the Board authority to fix and adjust salaries of faculty and administrative officials and employees subject to the Revised Compensation and Position Classification System and other pertinent laws; to grant leaves of absence subject to Board regulations; and to remove personnel for cause with due process of law.
Section 6 authorizes the Board to fix and adjust tuition fees and other necessary school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultation with concerned sectors.
Section 6 requires that the fees and charges, including government subsidies and other income generated by the BASSU, constitute the BASSU’s special trust funds deposited in an authorized government depository bank, with interests accruing to the same funds.
Section 6 requires that fiduciary fee be disbursed strictly for the specific purposes for which collected.
Section 6 allows, when BASSU cannot pursue appropriated projects for reasons beyond its control, Board authorization to use funds for any reasonable purpose necessary to attain BASSU objectives and goals.
Section 6 mandates the Board to adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with Republic Act No. 10931 (the Universal Access to Quality Tertiary Education Act).
Section 6 empowers the Board to establish professional chairs, provide fellowships for qualified faculty, and scholarships to deserving students.
Section 6 empowers the Board to set admission and graduation policies; award honorary degrees; and authorize certificate awarding for nondegree and nontraditional courses.
Section 6 empowers the Board to establish research and extension centers, develop institutional capability-building arrangements, and appoint experts/consultants and part-time/visiting/exchange professors, scholars, or researchers.
Section 6 empowers the Board to adopt modern and innovative knowledge-transmission modes including information technology, dual training system, open distance learning, and community laboratory.
Section 6 authorizes collaboration with governing boards of SUCs within Camarines Norte and Region V under CHED supervision and DBM consultation to restructure BASSU for efficiency, relevance, productivity, and competitiveness.
Section 6 authorizes absorption of non-chartered tertiary institutions in Basilan and Region IX as branches and external centers in coordination with CHED and in consultation with DBM, and to offer programs/courses for equal access.
Section 6 allows the Board to authorize an external management audit financed by CHED subject to COA rules and to institute reforms based on audit results and recommendations.
Section 6 empowers the Board to develop consortia and other economic linkage forms with LGUs, and public/private/local/foreign institutions and agencies; import economic/technical/cultural books and publications; and enter joint ventures with business and industry for profitable development and management of the University’s economic assets.
Section 6 authorizes the Board to receive in trust legacies, gifts, and donations of real and personal properties of all kinds and administer and dispose of them for BASSU benefit, subject to donor limitations, directions, and instructions.
Section 6 allows extension of the President’s term beyond retirement age but not beyond seventy (70), based on Board guidelines, qualifications, and standards; requiring outstanding performance rated by the Board and a unanimous recommendation decided by the search committee.
Section 6 empowers the Board to delegate powers and duties to the President and other officials, establish transparency and participative decision-making guidelines and procedures, and privatize management of specified nonacademic services where most advantageous.
Section 6 authorizes construction/repair of buildings, machinery, equipment, and facilities; purchase/acquisition of real property, and related supplies/materials/equipment; and promulgation of necessary rules and regulations to carry out BASSU purposes and functions.

Board meetings and quorum rules

Section 7 requires the Board to convene regularly once every three (3) months.
Section 7 authorizes the Chairperson to call a special meeting whenever necessary, requiring written notice to members at least three (3) days prior to the meeting.
Section 7 sets quorum as a majority of all its members holding office at the time of the meeting, with the additional requirement that the Chairperson of the Board or the President of the BASSU is present.
Section 7 provides that if the CHED Chairperson cannot attend, a duly designated CHED Commission representative has the rights and responsibilities of a regular member.
Section 7 sets that during meetings, the President of the BASSU (as Vice-Chairperson) acts as presiding officer.
Section 7 authorizes the CHED Chairperson to designate a CHED Commissioner as regular chair, in which case the designated CHED Commissioner acts as presiding officer.
Section 7 allows the Senate Committee on Education, Arts and Culture and the House Committee on Higher and Technical Education to designate representatives to attend if the respective Chairpersons cannot attend; the representatives have the same rights and responsibilities as regular members.

University President and executive officers

Section 8 requires the BASSU to be headed by a President who renders full-time service.
Section 8 requires the President’s appointment by the Board upon recommendation of a duly constituted search committee, following Board-set guidelines, qualifications, and standards.
Section 8 sets the President’s term at four (4) years and makes the President eligible for reappointment for another term.
Section 8 provides that to ensure smooth transition, the incumbent President of the BASSC, if qualified, serves as the first President of the BASSU.
Section 8 requires the Board to constitute a Search Committee for the Presidency within six (6) months before the incumbent President’s term expiration.
Section 8 authorizes designation of an Officer-in-Charge (OIC) in cases of vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity of the President to perform functions, pending appointment of a new President, with the OIC serving only the unexpired portion of the term.
Section 8 provides that the President’s powers and duties include those usually pertaining to similar state university offices and those delegated by the Board.
Section 8 sets the President’s salary according to Republic Act No. 11466 (the Salary Standardization Law of 2019) and future amendatory laws, and requires it to be comparable to salaries of presidents of similar educational institutions.
Section 8 requires that the President be assisted by three vice presidents—Vice President for Academic Affairs, Vice President for Administration, and Vice President for Research and Development, Extension Services and Training—appointed by the Board upon the President’s recommendation.

University Secretary, Treasurer, and councils

Section 9 requires the Board to appoint a Secretary who serves both the Board and the BASSU, keeping all Board records and proceedings.
Section 9 requires the Secretary to serve appropriate notice of Board meetings to each Board member.
Section 10 sets the Treasurer of the Philippines as the ex-officio Treasurer of the BASSU.
Section 11 establishes an Administrative Council chaired by the President, composed of vice presidents, deans, directors, and other officials of equal rank, tasked to review and recommend policies governing administration, management, and development planning.
Section 12 establishes an Academic Council chaired by the President and composed of all academic staff with rank of at least assistant professor.
Section 12 empowers the Academic Council to formulate academic policies, review and recommend curricular offerings and rules of discipline (subject to Board approval), fix admission and graduation requirements and conferment of degrees (subject to Board review/approval through the President), and exercise disciplinary power over BASSU students subject to Board approval of discipline rules and regulations.

Campus directors and faculty rights

Section 13 requires Campus Directors to serve as heads/administrators of BASSU campuses and to render full-time service.
Section 13 requires the Board to appoint or designate Campus Directors upon recommendation of the Search Committee and the President, under Board-set guidelines, qualifications, and standards.
Section 13 provides that incumbent Campus Directors of existing BASSC campuses serve as Campus Directors of their respective campuses upon the Act’s effectivity.
Section 14 prohibits political beliefs, gender preference, cultural or community affiliation, ethnic origin, and religious opinion or affiliation from being a matter of inquiry in appointing faculty members.
Section 14 requires faculty appointment to be subject to Board-set guidelines, qualifications, and standards.
Section 14 prohibits any faculty member from teaching for or against any particular church, faith, or religious sector.

Admission, scholarship, and affirmative action

Section 16 requires the BASSU to provide scholarship programs and other affirmative action programs for poor but deserving students who qualify for admission.
Section 16 prohibits denial of admission by reason of sex, faith, cultural or community affiliation, or ethnic origin.

Facilities, equipment, and personnel detail

Section 17 authorizes heads of national government bureaus and offices to loan or transfer apparatus, equipment, or supplies upon the BASSU President’s request, when such resources can be spared without serious detriment to public service.
Section 17 authorizes the detail of employees for duty in the BASSU under the same “can be spared” condition judged by the head of the bureau or office.
Section 17 requires the detailed employee to perform duties required by the BASSU President.
Section 17 requires that the time served by detailed employees counts as part of their regular service.

Transfer of assets, liabilities, and land

Section 18 transfers all assets, real and personal, personnel, and records of the BASSC, including its liabilities or obligations, to the BASSU.
Section 18 requires respect for positions, rights, and security of tenure of faculty members and personnel employed under existing laws prior to conversion.
Section 18 provides that incumbents remain in the same status until otherwise provided for by the Board.
Section 18 requires the BASSU to include an upgrade or increase in the human resource component.
Section 18 declares that all parcels of land belonging to the government occupied by the BASSC become the property of the BASSU and must be titled under the BASSU’s name.
Section 18 requires reversion to the concerned LGU or to the Republic of the Philippines if the BASSU ceases to exist or is abolished, or if such parcels are no longer needed by the BASSU.

Tax exemption for importation and donations

Section 19 exempts from customs duties the importation by the BASSU of economic, technical, and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical, or cultural purposes, upon CHED certification.
Section 19 ties the customs duty exemption to Republic Act No. 10863, the Customs Modernization and Tariff Act (CMTA).
Section 19 exempts from donor’s tax all grants, bequests, endowments, donations, and contributions made to and used actually, directly, and exclusively by the BASSU.
Section 19 requires treating such donations as allowable deductions from the donor’s gross income for computing the donor’s taxable income under the National Internal Revenue Code of 1997, as amended.

CHED compliance and when conversion takes effect

Section 20 provides that the conversion becomes effective only upon CHED determination and declaration that the institution has complied with the requirements for university status.
Section 20 requires CHED to base its determination on the recommendation of a panel of experts.
Section 20 allows the panel to issue recommendation when the BASSC has substantially complied with requirements for grant of university status.
Section 20 requires compliance with university requirements established by CHED, including:
- (a) full-time, permanent faculty with relevant degrees and participation in research and development evidenced by refereed publications and other scholarly outputs;
- (b) a comprehensive range of degree programs from basic post-secondary to doctoral programs;
- (c) visible research programs in specific disciplinary and multidisciplinary areas evidenced by refereed publications, citations, inventions, and patents;
- (d) comprehensive learning resources and support structures, including libraries, practicum laboratories, relevant educational resources, and linkages with relevant disciplinary and professional sectors;
- (e) maintenance of linkage and affiliation with other research institutions worldwide to meet current global research standards;
- (f) outreach activities enabling students, faculty, and research staff to apply generated knowledge to address specific social development problems.
Section 20 requires CHED, through its regional office, to regularly provide technical assistance and monitor BASSU compliance.

Development plan, audits, and reporting

Section 21 requires the BASSU, within one hundred twenty (120) days after Act approval, to:
- (a) submit a five (5) year-development plan, including its program budget, to CHED for recommendation to DBM;
- (b) set up organizational administrative and academic structure, including appointment of key BASSU officials; and
- (c) undergo a management audit in cooperation with CHED.
Section 22 requires the Board to file with the Office of the President of the Philippines through the Chairperson of CHED, and with both Houses of Congress, a detailed annual report on progress, conditions, and needs.
Section 22 sets the reporting deadline as on or before the fifteenth (15th) day of the second (2nd) month after opening of the regular classes each year.

Charter integration, parity, implementing rules

Section 23 integrates Republic Act No. 8292 (the Higher Education Modernization Act of 1997) as an integral part of the Act and part of the BASSU governing charter.
Section 24 applies a parity rule: all powers, functions, privileges, responsibilities, and limitations to state universities and their officials under existing laws are deemed granted to or imposed upon the BASSU and its officials where appropriate.
Section 26 requires the Board, in consultation with CHED, to formulate implementing rules and regulations within sixty (60) days from Act effectivity.

Appropriations, separability, and repeal

Section 25 charges the amount necessary to carry out the Act against the current year’s appropriations of the BASSC; thereafter, continued operation and maintenance requires inclusion in the annual General Appropriations Act.
Section 27 provides separability: invalidity of any part or provision does not affect the remaining provisions.
Section 28 repeals or modifies all laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the Act.

Effectivity and publication rule

Section 29 provides that the Act takes effect fifteen (15) days after publication in the Official Gazette or in any newspaper of general circulation.
The Act is Republic Act No. 11554, titled “An Act Converting the Basilan State College (BASSC) in the City of Isabela, Province of Basilan into a State University to be Known as the Basila State University (BASSU), and Appropriating Funds Therefor”, approved June 24, 2021.