Bulacan College conversion to state university

Mission and training focus

Section 2 requires the University to primarily provide higher professional, technical, and special instructions and to promote research and extension services and advanced studies.
Section 2 mandates progressive leadership in agriculture, commerce, education, fishery, forestry, engineering, arts and sciences, law, medicine, public administration, technical, and other fields relevant to national needs.
Section 3 requires the University to offer undergraduate and graduate courses in education, agriculture, forestry, engineering, arts and sciences, commerce, fishery, law, medicine, public administration, technical, and other degree courses the Board of Regents determines necessary.
Section 3 authorizes short-term technical or vocational courses within the University’s specialization areas to meet the agro-industrial needs of the nation, including the Province of Bulacan.

High school transfer and laboratory high school

Section 4 transfers the University’s existing high school under the supervision of the Department of Education, Culture and Sports.
Section 4 allows the existing high school to remain and operate within the University campus until it is transferred to another location, or until its students are accommodated in other public or private high schools.
Section 4 allows the University to operate a reasonably-sized laboratory high school if it offers a teacher training program.

Corporate powers and governance structure

Section 5 provides that the University shall have the general powers of a corporation under the Corporation Law.
Section 5 vests administration and the exercise of corporate powers exclusively in the Board of Regents and the President of the University, to the extent authorized by the Board.
Section 6 establishes the University’s governing body as the Board of Regents with the specified membership.
Section 7 requires the Board to promulgate and implement policies consistent with declared state policies on education and other pertinent constitutional education, science and technology, arts, culture and sports provisions.

Board of Regents powers and duties

Section 8 grants the Board specific powers and duties, in addition to general corporate powers and board-of-directors powers under existing laws.
Section 8 authorizes the Board to enact rules and regulations not contrary to law to carry out the University’s purposes.
Section 8 authorizes the Board to import duty-free essential materials and equipment for educational or technological programs for exclusive use of the University, as an exception to existing laws, provided the materials and equipment are not available locally.
Section 8 authorizes the Board to receive in trust legacies, gifts, and donations of real and personal properties, administer and dispose them when necessary for University benefit, and apply the donor’s limitations and directions (if any).
Section 8 makes donations exempt from all taxes and deductible items from the income tax of the donor, but prohibits disposal, transfer, or sale of such donations.
Section 8 authorizes the Board, subject to existing laws, to fix tuition fees and other necessary school charges including matriculation fees, graduation fees, and laboratory fees.
Section 8 declares tuition and other charges, including government subsidies and other income generated by the University, as special trust funds deposited in any authorized government depository bank, with all accrued interest forming part of the same funds.
Section 8 authorizes discretionary disbursement of University income for: professional growth and development, health and welfare and other similar benefits of faculty members and personnel; acquisition, construction, maintenance and repair of urgently-needed instructional and auxiliary facilities, equipment, buildings and other infrastructure; and expenses necessary to attain the Act’s purposes.
Section 8 exempts purchases and other transactions made through the Board from all taxes and duties.
Section 8 authorizes the Board to: authorize construction or repair of buildings, machineries, equipment and facilities; purchase and acquire real and personal properties including necessary supplies, materials and equipment; confirm specified appointments; approve curricula and rules of discipline drawn by administrative and academic councils; confer degrees, award honorary degrees, and authorize certificates for completion of non-degree and non-traditional courses; establish branches within the Province of Bulacan when essential to promote equal access where no existing school offers similar programs; and establish chairs, provide fellowships, and offer scholarships to qualified faculty and deserving students.

Board membership, meetings, and quorum

Section 6 provides that the Board of Regents is composed of: (1) the Secretary of Education, Culture and Sports or representative (chairman); (2) the President of the University (member); (3) the chairman of the Senate Committee on Education or voting representative (member); (4) the chairman of the House Committee on Education or voting representative (member); (5) the president of the faculty association (member); (6) the president of the supreme student council (member); (7) the president of the alumni association (member); and (8) two (2) prominent citizens chosen from among qualified persons in the Province of Bulacan.
Section 6 states that the two (2) prominent citizens appointed by the Board have the same powers, authority, and privileges as regular Board members.
Section 6 sets term rules: ex officio term for the Secretary of Education, Culture and Sports, the President of the University, and the Senate and House education committee chairmen; and limited-serving terms for the faculty association president, supreme student council president, and (when deemed necessary) the alumni association president, with Board-determined term periods for prominent citizens (four (4) years for first appointees, with succeeding appointees serving two (2) years or until replacements are appointed and qualified).
Section 6 requires the Board to elect a temporary chairman from among members present if the chairman or his representative is absent during a meeting.
Section 9 provides that quorum is a majority of all members holding office at the time of the meeting, with the additional requirement that the Secretary of Education, Culture and Sports is among those present as chairman, or the President of the University presides in the former’s absence.
Section 9 requires the Board to convene regularly once every two (2) months and permits the chairman to call a special meeting whenever necessary.
Section 9 provides that Board members do not receive salary but may be reimbursed for actual and necessary expenses incurred for attendance in meetings or other official business authorized by Board resolution, subject to existing laws on honoraria and allowances.

University president and internal councils

Section 10 provides that the University is headed by a President elected by Board members.
Section 10 limits the President’s term to six (6) years without reappointment, unless the President reaches retirement age or is earlier removed for cause or incapacitated.
Section 10 authorizes the Board to designate an officer-in-charge if the Presidency becomes vacant due to death, resignation, incapacity, or removal for cause, until a successor is appointed.
Section 10 provides that the new President holds office for the unexpired term but in no case more than six (6) years.
Section 10 orders continuity: the incumbent college president serves as President of the Bulacan State University in a hold-over capacity until a successor is elected; the Board must convene within six (6) months from approval of the Act to elect the first President.
Section 10 requires Board-fixing of the President’s salary, comparable to the salary received by Presidents of similar educational institutions of like enrollment and standing.
Section 10 enumerates the President’s powers and responsibilities, including: providing leadership and protecting academic integrity while ensuring Board policy observance; exercising primary authority over development planning and resource allocations; grants; endowments and fundraising; external relations and public affairs; university policies on regional developmental programs, curricula, and matters affecting rights and welfare; formulating integrated plans for academic, research, extension, physical development, and fiscal areas; coordinating activities with component units and institutions and recommending actions to the Board; appointing officers and employees subject to Section 8 and designating unit heads; appointing, transferring, promoting, setting work schedules, granting leaves, and approving special details, additional assignments, and similar personnel actions consistent with Board-approved policies; setting up a machinery for review of disciplinary actions appealable to the President and consideration of petitions for redress grievances; submitting courses of study, academic programs, rules of discipline, and degree and diploma awards for Board approval; awarding fellowships, assistance, and scholarships under Board policies; planning and implementing training and education programs for adult citizens and out-of-school youths; negotiating and obtaining grants and administering gifts and donations of real or personal property subject to Board confirmation and donor directions, with Board-determined fallback in default; maintaining links with academic and research institutions; preparing the annual budget for Board approval; submitting annual reports and other reports required by the Act or Board; and exercising other delegated powers while instituting a system for efficient discharge of administrative responsibilities.
Section 11 provides that the President, whose term may be terminated under the Act, is entitled to full retirement benefits under existing laws.
Section 12 creates an Administrative Council chaired by the President and composed of the vice-president(s), deans, directors, and other officials of equal rank, tasked to implement Board-approved policies on administration, management, and development planning.
Section 13 creates an Academic Council chaired by the President and composed of instructional staff with rank not lower than assistant professor, with authority to prescribe curricular offerings subject to Board approval; fix admission requirements and graduation requirements and requirements for conferring degrees subject to Board review/approval through the President; and exercise disciplinary powers over students through the President within limits of Board-approved rules of discipline.
Section 14 provides for a University Secretary appointed by the Board upon recommendation of the President, who also serves as Secretary of the Board and keeps University records as the Board determines.
Section 15 designates the Treasurer of the Philippines as the ex officio Treasurer of the University.

Faculty, students, and academic freedom guarantees

Section 16 prohibits religious opinion or affiliation from being a matter of inquiry in appointing faculty members.
Section 16 prohibits any faculty member from teaching for or against any particular church or religious sect.
Section 17 prohibits denying a student admission to the University by reason of sex, ethnic consideration, nationality, religion, or political affiliation.
Section 18 grants the University academic freedom.

Reporting and audit requirements

Section 19 requires the Board, on or before the fifteenth day of the second month after the opening of regular classes each year, to file a detailed report on progress, conditions, and needs of the University with the Office of the President of the Philippines through the Secretary of Education, Culture and Sports, and to both Houses of Congress.
Section 20 requires all University accounts and expenses to be audited by the Commission on Audit or its duly authorized representative.

Loaning government resources and staff

Section 21 authorizes heads of bureaus and offices of the national government, upon request of the President of the University, to loan or transfer apparatus, equipment, or supplies needed by the University and to detail employees for duty in the University where such resources/services can be spared without serious detriment to the public service.
Section 21 requires detailed employees to perform duties required by the President and counts the time as part of their regular service.

Integration and transfer of assets, land, and personnel

Section 22 establishes a continuing policy of the University to accept affiliation and/or integration within its operation of any existing national schools whose programs contribute to the attainment of the University’s objectives.
Section 22 authorizes the Secretary of Education, Culture and Sports to determine and approve specific existing national schools to be integrated, and provides that integrated schools’ funds, properties, other assets, and obligations are transferred to the University in integration cases.
Section 23 transfers to the University all assets, fixed and movable, records and personnel of the Bulacan School of Arts and Trades, except those belonging or to be used by the high school, and transfers liabilities or obligations as well.
Section 23 protects personnel: positions, rights, and security of tenure of personnel employed under existing laws prior to absorption are not impaired.
Section 23 provides that incumbents remain in the same status until otherwise provided for by the Board.
Section 23 declares parcels of land belonging to the government occupied by the Bulacan School of Arts and Trades as property of the Bulacan State University and requires titling under the University’s name.
Section 23 provides reversion: if the University ceases to exist or is abolished, or if the parcels of land are no longer needed by the University, the land reverts to the Province of Bulacan.

Funding, appropriation, and ongoing appropriations

Section 24 charges implementation costs against the balance of the current year’s appropriations of the Bulacan College of Arts and Trades after deducting amounts needed to continue operations of the existing high school.
Section 24 requires that thereafter, sums necessary for the University’s operation and maintenance be included in the annual General Appropriations Act.

Repeal and effectivity

Section 25 repeals, amends, or modifies all laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the Act.
Section 26 provides that the Act takes effect fifteen (15) days following publication in the Official Gazette or in a newspaper of general circulation.
The Act was approved on December 30, 1993 and is 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 THEREFOR.”