Title
Conversion of BISCAST to Southeast Asian Univ
Law
Republic Act No. 11585
Decision Date
Jul 30, 2021
The Bicol State College of Applied Sciences and Technology is transformed into the Southeast Asian University of Technology, aimed at providing advanced education and training in various fields while establishing a governing Board of Regents to oversee its operations and development.
A

General Mandate of the University

  • Provides advanced education, higher technological, professional, technical, and vocational instruction and training.
  • Focus areas include sciences, arts, education, entrepreneurship, engineering, and related fields.
  • Undertakes research, extension services, and provides leadership in areas of specialization.

Curricular Offerings

  • Offers undergraduate and graduate courses.
  • Fields include engineering, industrial technology, arts and sciences, architecture, nontraditional, and relevant fields.
  • Courses tailored to needs of Camarines Sur and Bicol Region.

Administration and Corporate Powers

  • University has powers of a corporation per the Corporation Code of the Philippines (Batas Pambansa Blg. 68).
  • Corporate powers vested in Board of Regents and University President exclusively.

Governing Board Composition

  • Board of Regents chaired by CHED Chairperson; Vice chaired by University President.
  • Members include Senate and House Committee Chairpersons on Education, regional directors of NEDA, DOST, Agriculture, TESDA, presidents of faculty, student, and alumni federations, and two notable private citizens.
  • Private citizens appointed from a list recommended by a Search Committee.
  • Faculty, student, and alumni representatives serve coterminously with their organizational terms.

Powers and Duties of the Board of Regents

  • Policy formulation aligned with State, CHED, and TESDA educational mandates.
  • Approves curricula, programs, and disciplinary rules.
  • Appoints university officials and employees on President's recommendation.
  • Fixes salaries, grants leaves, removes personnel for cause with due process.
  • Determines tuition, fees, and manages university special trust funds.
  • Adopts socialized tuition schemes under Universal Access Act.
  • Establishes professional chairs, fellowships, scholarships.
  • Receives government and private funds for university support.
  • Sets student admission and graduation policies.
  • Awards honorary degrees and nondegree certificates.
  • Establishes research, extension centers, and international collaborations.
  • Uses innovative education delivery methods including IT and distance learning.
  • Coordinates with other colleges for efficiency and competitiveness.
  • Absorbs other tertiary institutions as branches or extension centers.
  • Authorizes external management audits and acts on results.
  • Develops linkages with LGUs and other institutions.
  • Permits importation of educational materials.
  • Enters joint ventures with industry for asset development.
  • Accepts and administers donations and legacies.
  • Can extend the University President's term up to age 70 for outstanding performance.
  • Delegates powers for efficient administration.
  • Promotes transparency and participative decision making.
  • May privatize nonacademic service management.
  • Authorizes construction, repairs, acquisitions of property and supplies.
  • Promulgates rules necessary for university functions.

Meetings of the Board of Regents

  • Regular meetings every three months; special meetings by Chairperson.
  • Quorum is a majority including CHED Chairperson or University President.
  • CHED Chairperson may designate a Commissioner to represent or preside.
  • Senate and House Committee Chairpersons may designate representatives.
  • Board members receive no salary but are reimbursed for expenses.

University President

  • Appointed by the Board, serves full-time, recommended by a Search Committee.
  • Term of four years, eligible for reappointment.
  • Incumbent BISCAST President to serve first two years of transition and can be reappointed for one full term.
  • Board appoints Officer-in-Charge during presidential vacancy.
  • President performs usual university presidential duties and those delegated by the Board.
  • Salary per Salary Standardization Law and comparable to presidents of similar institutions.
  • Assisted by three Vice Presidents for Academic Affairs, Administration, and Research/Development/Extension.

Secretary of the University

  • Appointed by the Board to serve both Board and University.
  • Keeps Board records and proceedings and serves notices.

Treasurer of the University

  • Treasurer of the Philippines serves ex officio as University Treasurer.

Administrative Council

  • Composed of University President (Chair), Vice Presidents, Deans, Directors.
  • Reviews and recommends policies for administration, management, development planning.

Academic Council

  • Composed of University President (Chair) and academic staff at assistant professor rank or higher.
  • Formulates academic policies and reviews curricular offerings and discipline rules.
  • Sets admission and graduation requirements subject to Board approval.
  • Exercises disciplinary authority over students.

Faculty Appointment and Conduct

  • No inquiry into political belief, gender preference, cultural or ethnic affiliation, or religion in faculty appointments.
  • Appointments follow Board-set qualifications and standards.
  • Faculty prohibited from teaching for or against any religious sect.

Academic Freedom and Institutional Autonomy

  • University enjoys academic freedom and institutional autonomy as mandated by the Constitution.

Scholarship Programs and Admission

  • Provides scholarships and affirmative actions to poor but deserving students.
  • Prohibits denial of admission on grounds of gender, religion, culture, disability, or ethnicity.

Authority to Loan or Transfer Government Resources

  • Government bureaus/offices authorized to loan/transfer equipment, supplies, personnel to the University.
  • Detailed employees perform duties as assigned; service counts as regular service.

Transfer of Assets, Liabilities, and Personnel

  • All BISCAST assets, liabilities, personnel, and records transferred to the University.
  • Existing employee rights and tenure respected; personnel status maintained pending Board action.
  • University empowered to upgrade human resources.
  • Government-owned lands occupied by BISCAST declared University property; reverts to Government or LGU if University abolished or the lands no longer needed.

Tax Exemption on Imports and Donations

  • University importation of educational materials exempt from customs duties upon CHED certification.
  • Donations/grants to University exempt from donor’s tax and deductible for donors per National Internal Revenue Code.

Compliance with CHED Requirements

  • Conversion effective only after CHED determination of compliance with university status requirements.
  • CHED panel may recommend when BISCAST substantially complies with standards.

Development Plan and Organizational Setup

  • Within 120 days post-enactment, University to submit a 5-year development plan and program budget to CHED.
  • Set up organizational, administrative, academic structures and key official appointments.
  • Undergo management audit in coordination with CHED.

Annual Progress Report

  • Board required to file detailed progress, condition, and needs report annually to the President of the Philippines, CHED Chairperson, and Congress.

Applicability of Higher Education Modernization Act

  • RA 8292 provisions supplement and form part of this Act, serving as the University’s governing charter.

Parity Clause

  • Other powers, functions, privileges, responsibilities, and limitations under existing laws apply when appropriate.

Appropriations

  • Funding initially charged against BISCAST allotment.
  • Subsequent funds to come from annual General Appropriations Act.

Implementing Rules and Regulations

  • Board to formulate rules and regulations within 60 days of effectivity in consultation with CHED.

Separability Clause

  • Invalid provisions do not affect validity of remaining provisions.

Repealing Clause

  • Laws, decrees, orders inconsistent with this Act are repealed or modified accordingly.

Effectivity Clause

  • Act takes effect 15 days after publication in Official Gazette or newspaper of general circulation.

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