Title
Bulacan State University Charter Revision
Law
Republic Act No. 11980
Decision Date
Feb 15, 2024
Republic Act No. 11980 enhances Bulacan State University by expanding its curricular offerings, restructuring its governing board, and securing funding to promote accessible quality education in the region.

Policy and institutional purpose

  • Section 2 declares that the State shall promote, foster, nurture, and protect the right of all citizens to accessible quality education.
  • Section 2 requires the State to establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of people and society.
  • Section 2 directs that the Bulacan State University (BulSU) and its constituent units be strengthened as a state university to enhance capability to provide accessible quality education.
  • Section 2 mandates further strengthening through expanded curricular offerings and expanded governing board composition and powers.
  • Section 2 emphasizes developing competencies, encouraging specialization of constituent units, fostering conventional or alternative instructional techniques and strategies, and promoting unique and distinctive academic leadership.
  • Section 2 states that these reforms improve BulSU as an academic institution and the delivery of higher education services in the Province of Bulacan and the Central Luzon Region.

BulSU campuses, units, and main campus

  • Section 3 establishes that BulSU comprises its existing campuses in the cities of Malolos and San Jose del Monte, and in the municipalities of San Rafael, Bustos, Bulakan, and Hagonoy.
  • Section 3 includes within BulSU: constituent units, regular and extension campuses, colleges, academic or nonacademic units, and all other BulSU campuses that may be established in the future.
  • Section 3 fixes the main campus of BulSU in the City of Malolos, Province of Bulacan.
  • Section 3 confirms that the institutional structure includes future campuses and constituent units established by law and regulation.

Mandate and curricular offerings

  • Section 4 provides that BulSU primarily provides advanced education, higher technological, professional courses, and training programs.
  • Section 4 lists BulSU’s primary fields, including engineering and technology, arts and sciences, education, agriculture and industrial fields, accountancy, business and public administration, medicine and allied health courses, hotel and restaurant management, tourism, aeronautics, artificial intelligence and robotics, and law.
  • Section 4 further includes nontraditional research and extension services and production activities in support of socioeconomic development in the Province of Bulacan and Central Luzon Region.
  • Section 5 requires BulSU to primarily offer undergraduate and graduate courses and advanced professional and technical instruction and training within its areas of specialization.
  • Section 5 enumerates specialization fields, including environment and natural sciences, accountancy, commerce, business and public administration, agriculture, education, fisheries, forestry, engineering and technology, arts and sciences, law, medicine and allied medicine, architecture, archaeology, hotel and tourism, aeronautics, artificial intelligence and robotics, and public administration; and other relevant fields of study as the Board of Regents may deem necessary.
  • Section 5 requires that BulSU course offerings and new or revised programs follow CHED policies, standards, and guidelines.
  • Section 5 authorizes BulSU to open new branches or extension campuses in consortium with other academic institutions as necessary for access, innovation, progress, and expanded research capabilities, subject to applicable arrangements; BulSU must comply with CHED policies, standards, and guidelines for operation of regular or extension campuses.
  • Section 5 mandates that existing reasonably-sized laboratory junior and senior high schools continue to operate under supervision of the College of Education of BulSU for in-campus requirements.
  • Section 6 (administration) and Section 8 (board powers) place curriculum and student-discipline rules within the governance framework of the Board through councils.

Corporate administration and governing board

  • Section 6 provides that BulSU has the general powers of a corporation under Republic Act No. 11232, the “Revised Corporation Code of the Philippines.”
  • Section 6 vests exercise of corporate powers exclusively in the Board of Regents and the President of BulSU.
  • Section 7 establishes the governing board as the Board of Regents, chaired and co-chaired by the Chairperson of CHED and the President of BulSU, respectively.
  • Section 7 fixes the Board membership as:
    • (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 NEDA;
    • (d) Regional Director of the Department of Agriculture;
    • (e) Regional Director of the Department of Science and Technology;
    • (f) President of the federation of faculty associations of BulSU;
    • (g) President of the federation of student councils of BulSU;
    • (h) President of the federation of alumni associations of BulSU;
    • (i) President of the nonteaching personnel association of BulSU; and
    • (j) Two (2) prominent citizens from the private sector.
  • Section 7 requires the Board to appoint the two (2) private-sector prominent citizens from a list of at least five (5) qualified persons from Bulacan recommended by a search committee constituted by the President of BulSU, in consultation with the Chairperson of CHED and other Board members, based on Board-set guidelines, qualifications, and standards.
  • Section 7 provides that the two (2) private-sector members serve for a term of two (2) years from the date of appointment.
  • Section 7 makes the faculty, student, alumni, and nonteaching personnel federation presidents coterminous with their terms under their respective constitutions and by-laws.

Board powers, fees, audits, and governance actions

  • Section 8 vests administration of BulSU and exercise of its corporate powers in the Board, in addition to general corporate administration powers.
  • Section 8(a) requires the Board to promulgate and implement policies aligned with State education policies, constitutional education/agriculture/science and technology provisions, and CHED policies under Republic Act No. 7722 (“Higher Education Act of 1994”).
  • Section 8(b) requires the Board to approve curricula, instructional programs, and student-discipline rules drawn by the Administrative and Academic Councils.
  • Section 8(c) authorizes the Board to appoint vice presidents, deans, directors, campus heads, faculty members, and other officials upon recommendation of the President of BulSU.
  • Section 8(d) empowers the Board to prescribe salaries of faculty and administrative officials and employees, subject to Republic Act No. 11466 (“Salary Standardization Law of 2019”), civil service rules on hours of service, and other pertinent laws and regulations.
  • Section 8(e) authorizes the Board to fix tuition fees and other school charges (including matriculation fees, graduation fees, and laboratory fees) after due consultation with concerned sectors.
  • Section 8(e) mandates that fees and charges—including government subsidies and other income generated by BulSU—constitute funds to be used exclusively for BulSU’s mandate and deposited in an authorized government depository bank.
  • Section 8(e) provides that interests accruing from such funds form part of the same funds for BulSU use.
  • Section 8(e) requires retention by the University of fees and charges collected, government subsidies, proceeds from other income sources, and accrued interests.
  • Section 8(e) prohibits use of said income for payment of allowances and benefits not authorized by law.
  • Section 8(e) requires that all fiduciary fees be disbursed for the specific purpose for which they were collected.
  • Section 8(e) allows, when BulSU cannot pursue a project for reasons beyond its control, authorization by the Board to use the allocated funds for any reasonable purpose necessary and urgent to attain university objectives, while prohibiting realignment or reprogramming of funds collected from students for specific purposes.
  • Section 8(f) requires the Board to adopt and implement a socialized scheme of tuition and other school fees in accordance with Republic Act No. 10931 (“Universal Access to Quality Tertiary Education Act”).
  • Section 8(g) empowers the Board to establish professional chairs, provide fellowships for qualified faculty, and scholarships to deserving students.
  • Section 8(h) authorizes the Board to receive and appropriate sums provided by law and other sums it determines to carry out BulSU purposes.
  • Section 8(i) directs the Board to set policies on admission and graduation.
  • Section 8(j) authorizes the Board to award honorary degrees for outstanding contributions in specified fields within BulSU academic competency and to authorize certificates of completion for nondegree and nontraditional courses.
  • Section 8(k) authorizes establishment of research and extension centers to promote BulSU development.
  • Section 8(l) authorizes academic arrangements with institutions/agencies (public, private, local, or foreign) for capability building and appointment of experts/specialists as consultants, part-time, visiting, or exchange professors, scholars, or researchers as applicable.
  • Section 8(m) requires adoption of modern and innovative knowledge transfer modes to increase access, including information technology, dual training system, open distance learning, and community laboratory.
  • Section 8(n) requires collaboration with governing bodies of other state universities and colleges within Bulacan and Central Luzon under CHED supervision and in consultation with Department of Budget and Management (DBM) for restructuring to improve efficiency, relevance, productivity, and competitiveness.
  • Section 8(o) authorizes absorption of non-chartered tertiary institutions in Bulacan and Central Luzon as branches, extension, or external centers in coordination with CHED and in consultation with DBM, and allows offering programs/courses to meet constitutional equal access to educational opportunities.
  • Section 8(p) authorizes an external management audit financed by CHED, subject to Commission on Audit rules and regulations, and requires instituting reforms including academic and structural changes based on audit results and recommendations.
  • Section 8(q) authorizes development of consortia and other economic linkages with LGUs and public/private/local/foreign institutions and agencies to further BulSU objectives.
  • Section 8(r) authorizes importation of books/publications and specified equipment/instruments for economic, technical-vocational, scientific, medical, philosophical, historical, legal, or cultural purposes.
  • Section 8(s) authorizes joint venture with business and industry after consultation with NEDA for profitable development and management of economic assets, with proceeds used for BulSU development and strengthening.
  • Section 8(t) authorizes receipt in trust of legacies, gifts, and donations of real and personal properties and administration/disposition for BulSU benefit, subject to donor limitations and directions, if any.
  • Section 8(u) authorizes extending the President’s term beyond retirement age but not beyond seventy (70), subject to Section 10 term-limit rules, and conditioned on an outstanding performance rating and a unanimous recommendation decided by the search committee.
  • Section 8(v) allows delegation of powers and duties to the President and other BulSU officials to efficiently and effectively administer BulSU affairs.
  • Section 8(w) requires establishment of policy guidelines and procedures for participative and transparent decision-making within BulSU.
  • Section 8(x) authorizes outsourcing management of nonacademic services such as health, food, and building or grounds/property maintenance and similar activities where most advantageous to BulSU.
  • Section 8(y) authorizes construction or repair of buildings, machinery, equipment, and other facilities, and purchase/acquisition of real property, including necessary supplies/materials/equipment.
  • Section 8(z) authorizes promulgation of rules and regulations necessary to carry out BulSU purposes and functions.

Board meetings, quorum, and member compensation

  • Section 9 requires the Board to convene regularly once every three (3) months.
  • Section 9 allows the Chairperson to call special meetings whenever necessary.
  • Section 9 requires written notice to Board members at least three (3) days before the meeting.
  • Section 9 defines quorum as a majority of all Board members holding office at the time of the meeting, with the proviso that the Chairperson or the President must be present.
  • Section 9 provides that when the CHED Chairperson cannot attend, a CHED Commissioner designated by the CHED Chairperson acts with all rights and responsibilities of a regular member.
  • Section 9 provides that the President of BulSU, as Vice Chairperson, presides during meetings.
  • Section 9 allows the CHED Chairperson to designate a CHED Commissioner as regular Chairperson, in which case the CHED Commissioner presides.
  • Section 9 provides that if the Senate and House committee Chairpersons cannot attend, they may designate representatives with the same rights and responsibilities as regular members.
  • Section 9 provides that Board members do not receive salary, but may be reimbursed for actual and necessary expenses for meeting attendance or other authorized official business, subject to existing laws and regulations.

University President and key officers

  • Section 10 provides that BulSU is headed by a President appointed by the Board subject to its guidelines, qualifications, and standards and based on a search committee recommendation.
  • Section 10 requires full-time service and a term of four (4) years, renewable through reappointment to another term.
  • Section 10 requires the Board to constitute the Search Committee for the Presidency within six (6) months before the President’s term expiration, and to ensure appointment or reappointment on or before expiration.
  • Section 10 states that the President’s powers and duties include those usually pertaining to similar state universities/colleges and those delegated by the Board.
  • Section 10 fixes the President’s salary in accordance with Republic Act No. 11466 and related amendatory laws and in line with joint circulars and CHED/DBM guidelines on leveling instruments.
  • Section 10 requires the Board to designate an Officer-in-Charge (OIC) upon vacancy due to death, compulsory retirement, resignation, removal for cause, or incapacity, pending appointment of a new President, with the OIC serving only for the unexpired portion of the term.
  • Section 10 provides that the President is assisted by: Executive Vice President; Vice President for Academic Affairs; Vice President for Administration, Planning, and Finance; Vice President for Research, Development, and Extension; Vice President for Linkages, Production, and Research Generation; and Vice President for Quality Assurance; all are appointed by the Board upon the President’s recommendation.

Secretary and treasurer roles

  • Section 11 requires the Board to appoint a Secretary who serves for both the Board and BulSU and keeps all records and proceedings of Board meetings.
  • Section 11 requires the Secretary to serve each Board member with appropriate notice of Board meetings.
  • Section 12 provides that the Treasurer of the Philippines is the ex officio Treasurer of BulSU.

Administrative and academic councils

  • Section 13 establishes an Administrative Council chaired by the President of BulSU and composed of vice presidents, deans, directors, and other officials of equal rank.
  • Section 13 requires the Administrative Council to review and recommend policies governing administration, management, and development planning to the Board.
  • Section 14 establishes an Academic Council chaired by the President of BulSU and composed of all academic staff with rank of at least assistant professor.
  • Section 14 requires the Academic Council to formulate academic policies and to review and recommend curricular offerings and rules on student discipline for Board approval.
  • Section 14 authorizes the Academic Council to fix admission requirements, graduation requirements, and degree-conferment requirements, subject to review and approval of the Board through the President of BulSU.
  • Section 14 gives the Academic Council disciplinary power over BulSU students and authority to formulate student-discipline rules and regulations, subject to Board approval.

Campus heads and faculty protections

  • Section 15 requires BulSU’s constituent units to be clustered into two (2) clusters, each headed by a Chancellor.
  • Section 15 provides that the Chancellor’s term is three (3) years and the Chancellor may be reappointed for another term.
  • Section 15 requires the Board to appoint Chancellors upon recommendation of a search committee and the BulSU President, subject to Board-set guidelines, qualifications, and standards.
  • Section 15 provides that each campus is headed by a Campus Director who serves full-time for a term of two (20 years) and may be reappointed for another term.
  • Section 15 mandates that the Campus Director is appointed or designated by the Board upon recommendation of a search committee and the BulSU President, subject to Board-set guidelines, qualifications, and standards.
  • Section 15 provides a transitional rule: on effectivity of the Act, incumbent Campus Directors of existing BulSU campuses continue to serve as such.
  • Section 16 prohibits inquiries in appointment of faculty members into political belief, sex, gender, preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation.
  • Section 16 provides that faculty appointment is subject to Board-set guidelines, qualifications, and standards.
  • Section 16 prohibits any faculty member from teaching for or against any particular religious denomination.

Faculty sabbatical and academic freedom

  • Section 17 authorizes BulSU to grant sabbatical leave to deserving and qualified faculty for purposes of research or community engagement.
  • Section 17 sets the sabbatical duration from three (3) months to one (1) year, subject to Chancellor recommendation, BulSU President recommendation, and Board approval.
  • Section 17 provides that faculty on long-term sabbatical leave are temporarily relieved from teaching duties to conduct research, write, and engage in scholarly or professional activity.
  • Section 17 requires long-term sabbatical grantees to submit a research output published in a reputable journal.
  • Section 18 grants BulSU academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution.

Scholarships, admission non-discrimination, and access

  • Section 19 requires BulSU to provide scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission.
  • Section 19 prohibits denial of admission to BulSU by reason of sex, gender, religion, cultural community affiliation, or ethnic origin, or any other forms of discrimination.

Personnel and equipment support transfers

  • Section 20 allows heads of national government agencies and instrumentalities, upon request of the Board through the President of BulSU, to loan or transfer supplies, apparatuses, or equipment, or detail personnel to the University.
  • Section 20 conditions such loan/transfer/detail on non-detriment to public service.
  • Section 20 provides that detailed personnel perform duties required by the President of BulSU.
  • Section 20 provides that time spent for such duties counts as part of the detailed personnel’s regular service.

Assets, liabilities, property titling, and tenure protection

  • Section 21 provides that all assets (real and personal), personnel, records, and liabilities or obligations of BulSU remain under the name of BulSU.
  • Section 21 requires respect for positions, rights, and security of tenure of faculty members and personnel employed under existing laws.
  • Section 21 provides that incumbents occupy positions in the same status until otherwise provided by the Board.
  • Section 21 authorizes BulSU to upgrade or increase its human resource component as the Board deems appropriate.
  • Section 21 declares that all parcels of land belonging to the government occupied by BulSU and all its campuses belong to BulSU and must be titled under its name.
  • Section 21 provides a reversion rule: if BulSU ceases to exist or is abolished, or if the parcels of land are no longer needed by BulSU, the parcels revert to the concerned local government units or to the Province of Bulacan or to the Republic of the Philippines, as the case may be.

Duty exemptions and tax treatment

  • Section 22 exempts from customs duties, upon CHED certification, the importation of books or publications, instruments, equipment, and apparatuses for economic, technical-vocational, scientific, medical, philosophical, historical, legal, or cultural purposes made by BulSU.
  • Section 22 ties the customs duty exemption to Republic Act No. 10863, the “Customs Modernization and Tariff Act.”
  • Section 22 exempts from donor’s tax all grants, bequests, endowments, donations, and contributions made to and used actually, directly, and exclusively for educational purposes by BulSU.
  • Section 22 provides that such donations are allowable deductions from gross income for computing the donor’s taxable income under the National Internal Revenue Code of 1997, as amended.

Development plan, audit, and annual reporting

  • Section 23 requires BulSU to complete specified actions within one hundred twenty (120) days after approval of the Act.
  • Section 23(a) requires submission to CHED of a five (5)-year development plan, including its program budget, for CHED recommendation to DBM.
  • Section 23(b) requires BulSU to set up its organizational, administrative, and academic structure, including appointment of key officials.
  • Section 23(c) requires BulSU to undergo a management audit in coordination with CHED.
  • Section 24 requires the Board to file a detailed report on BulSU progress, condition, and needs on or before the fifteenth (15th) day of the second (2nd) month after opening of regular classes each year.
  • Section 24 requires the report to be filed with the Office of the President of the Philippines and both Houses of Congress through the Chairperson of CHED.

Implementing rules, suppletory, and parity

  • Section 25 provides that Republic Act No. 8292, the “Higher Education Modernization Act of 1997,” forms part of the Act.
  • Section 26 establishes a parity clause that all other powers, functions, privileges, responsibilities, and limitations under existing laws are deemed granted to or imposed upon BulSU and its officials whenever appropriate.
  • Section 28 requires the Board, in consultation with CHED, to formulate rules and regulations to fully implement the Act within ninety (90) days from effectivity.

Appropriations, separability, and repealing

  • Section 27 charges the amount necessary for initial implementation against the current year’s appropriation of BulSU; thereafter, necessary sums are included in the annual General Appropriations Act.
  • Section 29 provides separability: if any part or provision is declared invalid or unconstitutional, the remaining parts remain in full force and effect.
  • Section 30 amends, repeals, or modifies Republic Act No. 7665, titled “An Act Converting the Bulacan College of Arts and Trades in the Province of Bulacan into a State University to be known as the Bulacan State University, and Appropriating Funds Thereafter,” and other inconsistent laws, presidential decrees, executive orders, and rules and regulations accordingly.

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