Conversion of Bataan Polytechnic State College into BPSU

General mandate and academic coverage

Section 2 requires the University to primarily provide advanced instruction and professional training in education, engineering, science and technology, arts and humanities, computer and forestry, and other relevant fields of study.
Section 2 requires the University to undertake research, extension services, and production activities in support of the socioeconomic development of Bataan.
Section 2 requires the University to provide progressive leadership in its areas of specialization.
Section 3 requires the University to offer undergraduate and graduate courses in the fields of education, engineering, science and technology, arts and humanities, computer and forestry, and other degree courses within its specialization and capability.
Section 3 directs course offerings to be based on what the Board of Regents deems necessary to carry out objectives and meet the needs of the Province of Bataan and Region III.

Curricular offerings; laboratory and high schools

Section 3 authorizes the University to transfer the existing high schools to the Department of Education (DepEd) jurisdiction and supervision.
Section 3 allows the high schools to remain and operate within the University campus until the existing students complete their high school education.
Section 3 allows the University to operate a reasonably-sized laboratory school if it has a College of Education.

University governance structure

Section 4 grants the University the general powers of a corporation under Batas Pambansa Blg. 68, as amended (Corporation Code of the Philippines).
Section 4 vests the administration and corporate powers exclusively in the Board of Regents and the president of the University.
Section 5 establishes the Board of Regents as the governing board composed of the members enumerated in the Act, including CHED’s chairperson (chairperson) and the University president (vice chairperson).
Section 5 requires two private-sector prominent citizens as Board members, to be appointed from among at least five persons in the Province of Bataan recommended by a search committee constituted by the University president, in consultation with the CHED chairperson and other Board members.
Section 5 sets the term of the two prominent citizens at two years from the date of appointment.
Section 5 provides that the terms of the faculty, student, and alumni federation presidents are coterminous with their respective terms under their constitutions and by-laws.

Board powers, tuition trust funds, and audits

Section 6 directs the Board to promulgate and implement policies consistent with declared education State policies, constitutional education and science/agriculture policies, and CHED policies, standards and thrusts under Republic Act No. 7722 (Higher Education Act of 1994).
Section 7 empowers the Board to promulgate rules and regulations necessary to carry out the University’s purposes and functions.
Section 7 empowers the Board to receive and appropriate all sums provided for University support in the manner it determines.
Section 7 allows duty-free importation of specified books/publications upon CHED certification that they are for economic, technical, vocational, scientific, philosophical, historical, or cultural purposes, consistent with the Tariff and Customs Code, as amended.
Section 7 allows the Board to receive in trust legacies, gifts, and donations of real properties and administer/dispose of them for University benefit, subject to donor limitations and directions.
Section 7 provides that such donations are exempt from the donor’s tax and considered allowable deductions from gross income for computing the donor’s income tax under the National Internal Revenue Code (NIRC) of 1997, as amended, with the condition that the donated property shall not be disposed of, transferred or sold.
Section 7 authorizes the Board to fix tuition fees and other necessary school charges, including matriculation fees, graduation fees, and laboratory fees, after due consultations with involved sectors.
Section 7 declares that tuition and other charges, including government subsidies and other University income, constitute special trust funds deposited in an authorized government depository bank, and all interest accrues to the same funds for University use.
Section 7 requires fiduciary fees to be disbursed only for the specific purposes collected for.
Section 7 requires the Board to retain and allow disbursement by the University of income generated from tuition fees/charges and from operation of auxiliary services and land grants for instruction, research, extension, or other University programs/projects, notwithstanding contrary provisions of existing laws, rules and regulations.
Section 7 allows the Board to use appropriated and allocated project funds for any reasonable purpose necessary and urgent for attaining the University’s objectives and goals if the University cannot pursue an approved project for reasons beyond its control.
Section 7 requires adoption and implementation of a socialized scheme of tuition and school fees for greater access to poor but deserving students.
Section 7 authorizes the Board to construct/repair buildings and facilities and purchase/acquire real property and necessary supplies, materials, and equipment.
Section 7 authorizes appointments (upon president’s recommendation) of vice presidents, deans, directors, heads of campuses, faculty members, and other officials and employees.
Section 7 authorizes the Board to fix and adjust salaries subject to the Revised Compensation and Position Classification System and other pertinent budget and compensation laws, and to grant leaves of absence under Board regulations (notwithstanding contrary provisions of existing law) and to remove personnel for cause in accordance with due process of law.
Section 7 empowers the Board to approve curricula and instructional programs and rules of discipline drawn by administrative and academic councils, and to set admission and graduation policies.
Section 7 authorizes awarding of honorary degrees and certificates of completion of nondegree and nontraditional courses.
Section 7 authorizes establishing and absorbing nonchartered tertiary institutions in the Province of Bataan as branches and centers in coordination with CHED, and in consultation with DBM, and to offer programs/courses to promote equal access to educational opportunities mandated by the Constitution.
Section 7 authorizes establishing research and extension centers and establishing professorial chairs, fellowships for qualified faculty, and scholarships for deserving students.
Section 7 authorizes delegation of Board powers/duties to the president and/or other officials to expedite administration.
Section 7 authorizes an external management audit financed by CHED, subject to Commission on Audit (COA) rules and regulations, and requires institutional reforms including academic and structural changes based on audit results and recommendations.
Section 7 authorizes collaboration with other state college and university governing boards in the Province of Bataan or Region III under CHED supervision and in consultation with DBM, to restructure the University to become more efficient, relevant, productive, and competitive.
Section 7 authorizes joint ventures with business and industry for profitable development and management of economic assets of the University, with proceeds used for development and strengthening of the University.
Section 7 authorizes consortia and economic linkages with LGUs, institutions, agencies, and local/foreign public and private entities to further University purposes and objectives.
Section 7 authorizes academic arrangements for institutional capability building with appropriate institutions and agencies and appointment of experts/specialists as consultants or exchange professors/scholars/researchers as the case may be.
Section 7 authorizes adoption of modern and innovative modes for transmitting knowledge such as information technology, dual learning system, open learning, distance education, or community laboratory to promote greater access to education.
Section 7 authorizes policy guidelines and procedures for participative decision-making and transparency within the University.
Section 7 authorizes privatization, where most advantageous, of management of nonacademic services such as health, food, building/grounds or property maintenance and similar activities.
Section 7 allows extension of the president’s term beyond retirement age but not beyond seventy (70), based on unanimous governing board rating as outstanding using Board guidelines/qualifications/standards after unanimous recommendation by the search committee.

Board meetings and officers

Section 8 requires the Board to convene at least once every quarter.
Section 8 allows the chairperson to call a maximum of two special meetings upon three days’ prior written notice when necessary.
Section 8 sets quorum as a majority of all members holding office at the time of the meeting, with the requirement that the CHED chairperson or the University president is among those present.
Section 8 provides representation mechanics in the CHED chairperson’s absence: a CHED commissioner duly designated by him/her represents CHED with all rights/responsibilities of a regular member.
Section 8 makes the University president (vice chairperson) the presiding officer during CHED representation, while also allowing the CHED chairperson to designate a CHED commissioner as regular chair and presiding officer.
Section 8 provides that congressional committee chairpersons (Education committees) may designate representatives to attend Board meetings if they cannot attend, and those representatives have the same rights/responsibilities as regular members.
Section 8 states that Board members do not receive salary but are entitled to reimbursements for actual and necessary expenses incurred in meeting attendance or other authorized official business, subject to existing laws and regulations.
Section 9 provides the University shall be headed by a president who renders full-time service, appointed by the Board upon recommendation of a duly constituted search committee and subject to Board guidelines/qualifications/standards.
Section 9 sets the president’s term at four years and makes the president eligible for reappointment for another term.
Section 9 provides a transitional rule: the incumbent president of the Bataan Polytechnic State College, if qualified, serves as the first president of the University.
Section 9 requires the Board to constitute the Search Committee for the Presidency (SCP) within six months before the expiration of the incumbent president’s term.
Section 9 requires the Board to designate an officer-in-charge within six months from a presidential vacancy (death, compulsory retirement, resignation, removal for cause, or incapacity), pending appointment of a new president.
Section 9 provides that the successor or officer-in-charge holds office only for the unexpired term.
Section 9 requires the president’s salary to follow the Revised Compensation and Position Classification System, comparable to presidents of similar educational institutions.
Section 9 requires the president to be assisted by a vice president for academic affairs and a vice president for administration, appointed by the Board upon recommendation of the president.
Section 10 requires campus directors to head University campuses on full-time service, appointed by the Board upon recommendation of the search committee and the University president subject to Board guidelines/qualifications/standards.
Section 10 allows incumbent college administrators of extension campuses to serve as campus directors of their respective campuses.
Section 11 requires an administrative council chaired by the president, with vice presidents, deans, directors, and other officials of equal rank as members, to review and recommend policies governing administration, management, and development planning to the Board.
Section 12 requires an academic council chaired by the president and composed of all academic staff with rank of at least an assistant professor as members.
Section 12 gives the academic council power to review and recommend curricular offerings and rules of discipline (subject to Board approval), to fix admission and graduation requirements and conferment of degrees (subject to review/approval by the Board through the president), and to have disciplinary power over students and formulate academic discipline policies and rules (subject to Board approval).
Section 13 requires the Board to appoint a secretary who serves both the Board and the University, keeps all Board records and proceedings, and issues notices of Board meetings to each Board member.
Section 14 makes the Treasurer of the Philippines the ex officio treasurer of the University.

Faculty, student access, autonomy

Section 15 prohibits inquiry into political beliefs, gender preference, cultural/community affiliation, ethnic origin, and religious opinion/affiliation in the appointment of University faculty members.
Section 15 requires faculty appointment to be subject to Board guidelines/qualifications/standards.
Section 15 prohibits any faculty member from teaching for or against any particular church or religious sect.
Section 16 requires the University to provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 16 prohibits denying admission to the University by reason of sex, religion, cultural or community affiliation, or ethnic origin.
Section 17 grants the University academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution.

Operations support; assets and land disposition

Section 18 authorizes heads of national government bureaus and offices, upon the University president’s request, to loan or transfer apparatus/equipment/supplies needed by the University and to detail employees where such can be spared without serious detriment to the public service.
Section 18 requires the detailed employees to perform duties required by the president, and counts the time employed as part of their regular services.
Section 19 transfers all assets, real and personal, personnel and records of the Bataan Polytechnic State College and its integrated campuses, including liabilities and obligations, to the University.
Section 19 requires respect for faculty and personnel positions, rights, and security of tenure under existing laws prior to the conversion.
Section 19 declares that government parcels of land occupied by the Bataan Polytechnic State College, the Bataan Community Colleges, the Bataan National School for Filipino Craftsmen, and the Bataan State College become property of the University and must be titled under the University’s name.
Section 19 provides reversion: 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 concerned LGU.

Appropriations, planning, reporting, and charter rules

Section 20 charges the amount necessary for initial implementation of the Act against the current year appropriations of the Bataan Polytechnic State College and the Bataan State College, except sums needed to continue operations of the existing high schools.
Section 20 requires that thereafter, necessary sums for continued operation and maintenance be included in the annual General Appropriations Act.
Section 20 requires concerned LGUs to continue providing assistance corresponding to prior funding given to the Bataan Community Colleges and the Bataan National School for Filipino Craftsmen until full funding requirements of the LGU-funded colleges integrated into the University are included in the annual General Appropriations Act.
Section 21 requires the University, within one hundred twenty (120) days after Act approval, to:
- submit a five-year development plan, including the corresponding program budget to CHED for recommendation to DBM;
- undergo a management audit in cooperation with CHED; and
- establish its organizational, administrative, and academic structure, including appointment of University key officials.
Section 22 requires the Board to file, on or before the fifteenth (15th) day of the second month after opening of regular classes each year, a detailed report on progress, conditions, and needs of the University with:
- the Office of the President of the Philippines through the chairperson of CHED; and
- both Houses of Congress.
Section 23 makes Republic Act No. 8292 (Higher Education Modernization Act of 1997) an integral part of the Act and part of the University’s governing charter.
Section 24 provides that all powers, functions, privileges, responsibilities, and limitations to state universities and/or their officials under existing laws are deemed granted to or imposed upon the University and/or its officials whenever appropriate.

Implementing rules, separability, repeal, effectivity

Section 25 directs the Board, in consultation with CHED, to formulate guidelines to fully implement the Act’s provisions.
Section 26 provides separability: if any part or provision is declared invalid or unconstitutional, the remaining parts not affected remain in full force and effect.
Section 27 provides repeal/modification: all laws, presidential decrees, executive orders, rules, and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
Section 28 states effectivity: the Act takes effect fifteen (15) days after publication in two newspapers of general circulation.

Issuance details and legislative approval

Republic Act No. 9403 is titled “An Act Converting the Bataan Polytechnic State College in the Province of Bataan into a State University to be Known as the Bataan Peninsula State University (BPSU), Integrating Therewith the Bataan State College in the Municipality of Dinalupihan, Province of Bataan and Appropriating Funds Therefor.”
The Act was approved on March 22, 2007.
Republic Act No. 9403 provides that it originated in the House of Representatives and was finally passed by the House on April 4, 2006 and by the Senate on February 19, 2007.
Section 28 controls the effective date, tied to publication in two newspapers of general circulation with a 15-day waiting period after publication.