Conversion of Basilan State College to State University

Mandate, curricular offerings, and continuing programs

Section 2 directs the BASSU to primarily provide advance education, higher technological and professional vocational instruction and training in arts and sciences, education, agriculture and industrial fields, management, criminology, maritime, medical education, legal education, nontraditional courses, and other relevant fields of study, as well as short-term technical or vocational courses.
Section 2 requires the BASSU to undertake research and extension services and production activities in support of the socioeconomic development of the Province of Basilan and Region IX.
Section 3 requires the BASSU to offer short-term technical-vocation, undergraduate, and graduate courses within its areas of competency and specialization, 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 of study.
Section 3 limits course expansion to those the Board of Regents deems necessary for BASSU objectives and those that address the human resources development needs of the Province of Basilan and Region IX.
Section 3 provides that existing and future technical-vocational courses or programs under TESDA supervision shall remain and continue to be offered within BASSU campuses.
Section 3 provides that existing reasonably sized laboratory senior high school and elementary school continue to operate under the supervision of the College of Education of the BASSU to serve in-campus requirements of students.

Corporate powers and governing Board

Section 4 grants the BASSU the general powers of a corporation under Batas Pambansa Blg. 68, as amended, otherwise known as the Corporation Code of the Philippines.
Section 4 vests the exercise of corporate powers exclusively in the Board of Regents and the President of the BASSU.
Section 5 establishes the Board of Regents as the governing body of the BASSU.
Section 5 makes the Board chaired and co-chaired by the Chairperson of the Commission on Higher Education (CHED) and the President of the BASSU, respectively.
Section 5 enumerates Board members as follows:
- (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; and
- (j) two (2) prominent citizens from the private sector distinguished in their professions or fields of specialization.
Section 5 requires the Board to appoint the two prominent citizens from a list of at least five (5) qualified persons in the Province of Basilan where the BASSU and campuses are located, as recommended by a search committee constituted by the President of the BASSU, in consultation with the Chairperson of CHED and other Board members, using standards and qualifications set by the Board.
Section 5 provides that those two prominent citizens serve for a term of two (2) years from the date of appointment.
Section 5 makes the federation presidents’ membership (faculty, students, alumni) coterminous with their terms of office under their respective constitutions and by-laws.

Board of Regents powers and duties

Section 6 empowers the Board to promulgate and implement policies aligned with declared State policies and the Constitution on education, agriculture, science and technology, and aligned with CHED policies, standards, and thrusts under Republic Act No. 7722, otherwise known as 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 empowers the Board to appoint, upon the recommendation of the President, the vice presidents, deans, directors, heads of the campuses, faculty members, and other officials and employees.
Section 6 authorizes the Board to fix and adjust salaries of faculty and administrative officials and employees, subject to the Revised Compensation and Position Classification System and other budget and compensation laws on hours of service and other conditions, and it authorizes the Board to:
- grant leaves of absence under Board regulations, and
- remove for cause in accordance with due process of law.
Section 6 empowers 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 treats the fees and charges, including government subsidies and other income generated by the BASSU, as special trust funds deposited in any authorized government depository bank, with interests accruing forming part of the same funds for BASSU use.
Section 6 requires that fiduciary fees be disbursed for their specific collected purposes.
Section 6 authorizes the Board, if the BASSU cannot pursue projects for which funds were appropriated under the approved program of expenditures for reasons beyond its control, to authorize use of said funds for any reasonable purpose necessary to attain BASSU objectives and goals.
Section 6 requires 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 or the Universal Access to Quality Tertiary Education Act.
Section 6 authorizes the Board to establish professional chairs and provide fellowships for qualified faculty and scholarships to deserving students.
Section 6 empowers the Board to receive and appropriate all sums for BASSU support in its discretion to carry out BASSU purposes and functions.
Section 6 requires the Board to set policies on admission and graduation of students.
Section 6 authorizes the Board to:
- award honorary degrees for outstanding contribution in education, public service, arts, science and technology, agriculture, or other specialization within BASSU academic competency; and
- authorize awarding certificate of completion of nondegree and nontraditional courses.
Section 6 mandates the establishment of research and extension centers to promote development of the BASSU.
Section 6 authorizes academic arrangements for institutional capability building with public, private, local, or foreign institutions and agencies, and the appointment of experts/specialists as consultants and part-time/visiting/exchange professors, scholars, or researchers.
Section 6 authorizes modern and innovative knowledge-transmission modes including use of information technology, dual training system, open distance learning, and community laboratory.
Section 6 authorizes collaboration with SUCs within the Province of Camarines Norte and Region V under CHED supervision and in consultation with the Department of Budget and Management (DBM) to restructure BASSU for efficiency, relevance, productivity, and competitiveness.
Section 6 authorizes absorption of non-chartered tertiary institutions within the Province of Basilan and Region IX as branches and external centers, in coordination with CHED and in consultation with DBM, offering programs or courses for equal access to educational opportunities.
Section 6 authorizes an external management audit of BASSU financed by CHED subject to COA rules and requires reforms, including academic and structural changes, based on audit results and recommendations.
Section 6 authorizes development of consortia and other economic linkage forms with LGUs and public, private, local and foreign institutions and agencies to further BASSU purposes.
Section 6 authorizes importation of economic, technical, and cultural books and publications.
Section 6 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 BASSU.
Section 6 authorizes receiving in trust legacies, gifts, and donations of real and personal properties of all kinds, administering and disposing of them for BASSU benefit, subject to limitations, directions, and instructions of the donor, if any.
Section 6 authorizes extending the term of the President beyond retirement age but not beyond seventy (70), based on Board guidelines and requirements, provided the President’s performance has been rated outstanding by the Board and a unanimous recommendation is decided by the search committee.
Section 6 authorizes delegation of Board powers and duties to the President and other BASSU officials to expedite administration of BASSU affairs.
Section 6 authorizes policy guidelines and procedures for participative decision-making and transparency within BASSU.
Section 6 authorizes privatization of management of nonacademic services such as health, food, building or grounds or property maintenance, and similar activities, where most advantageous to the BASSU.
Section 6 authorizes construction or repair of buildings, machinery, equipment, and other facilities, and purchase and acquisition of real property, including needed supplies, materials, and equipment.
Section 6 requires promulgation of rules and regulations necessary to carry out BASSU purposes and functions.

Board and university leadership structure

Section 7 requires the Board to regularly convene once every three (3) months.
Section 7 allows the Chairperson to call special meetings whenever necessary, provided members are notified in writing at least three (3) days prior.
Section 7 sets quorum as majority of all members holding office at the time of the meeting, provided the Chairperson of the Board or the President of the BASSU is present.
Section 7 provides that when the Chairperson of CHED cannot attend, a duly designated CHED Commission representative has all rights and responsibilities of a regular member.
Section 7 provides that during the meeting, the President of the BASSU as Vice-Chairperson acts as the presiding officer.
Section 7 authorizes the Chairperson of CHED to designate a CHED Commissioner as the regular chair of the Board, in which case the Commissioner presides.
Section 7 provides that if the Chairpersons of the Senate Committee on Education, Arts and Culture and the House Committee on Higher and Technical Education cannot attend, they may designate representatives who have the same rights and responsibilities as regular members.
Section 8 provides that BASSU is headed by a President who renders full-time service and is appointed by the Board upon recommendation of a duly constituted search committee, using Board-set guidelines, qualifications, and standards.
Section 8 sets the President’s term at four (4) years and allows eligibility for reappointment for another term.
Section 8 provides that to ensure 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 expiration of the incumbent President’s term.
Section 8 provides for an Officer-in-Charge (OIC) when the Office of the President becomes vacant due to death, compulsory retirement, resignation, removal for cause, or incapacity, 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 presidents of similar state universities and those delegated by the Board.
Section 8 sets the President’s salary under Republic Act No. 11466 or the Salary Standardization Law of 2019, and amendments thereafter, and requires comparability with presidents of similar educational institutions.
Section 8 requires the President to be assisted by 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.
Section 9 requires the Board to appoint a Secretary who serves for both the Board and the BASSU, keeps all Board records and proceedings, and sends Board meeting notices to each Board member.
Section 10 designates the Treasurer of the Philippines as an 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 to the Board policies governing administration, management, and development planning.
Section 12 establishes an Academic Council composed of the President (Chairperson) and all academic staff with rank at least an assistant professor; it formulates academic policies, reviews and recommends curricular offerings and rules of discipline subject to Board approval, fixes admission requirements and graduation and degree conferment requirements subject to Board review through the President, and exercises disciplinary power over students subject to Board approval of discipline policies and rules.

Campus, faculty, and institutional autonomy rules

Section 13 provides that Campus Directors serve as heads/administrators of the BASSU’s campuses and render full-time service.
Section 13 requires Campus Directors to be appointed or designated by the Board upon the recommendation of the Search Committee and the President, subject to Board guidelines, qualifications, and standards.
Section 13 provides that incumbent Campus Directors of the existing BASSC campuses serve as Campus Directors of their respective campuses upon effectivity.
Section 14 prohibits inquiry in the appointment of BASSU faculty into political beliefs, gender preference, cultural or community affiliation, or ethnic origin, and prohibits inquiry into religious opinion or affiliation.
Section 14 provides that faculty appointments remain 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.
Section 15 provides that the BASSU enjoys academic freedom and institutional autonomy under Article XIV, Section 5(2) of the Constitution.
Section 16 requires BASSU to provide scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission.
Section 16 prohibits denying admission to any student on account of sex, faith, cultural or community affiliation, or ethnic origin.
Section 17 authorizes heads of national government bureaus and offices to loan or transfer, upon request of the BASSU President, apparatus, equipment, or supplies needed by BASSU, and to detail employees to duty therein when such resources can be spared without serious detriment to public service.
Section 17 requires detailed employees to perform duties required by the President of the BASSU and counts the time served as part of their regular service.

Transfer of assets and land; tax incentives

Section 18 transfers to the BASSU all assets, real and personal, personnel and records of the BASSC, and all liabilities or obligations.
Section 18 requires respect for faculty members’ and personnel’s positions, rights, and security of tenure under existing laws prior to conversion.
Section 18 provides that incumbents remain in the same status until otherwise provided 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 are the property of the BASSU and must be titled under the BASSU name.
Section 18 provides that if BASSU ceases to exist or is abolished, or if the parcels are no longer needed by BASSU, the parcels revert to the concerned LGU or the Republic of the Philippines, as the case may be.
Section 19 exempts from customs duties the importation by BASSU of economic, technical and cultural books or publications for economic, technical, vocational, scientific, philosophical, historical, or cultural purposes upon CHED certification, consistent with Republic Act No. 10863 or 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 BASSU, and provides that they are allowable deductions from the donor’s gross income for computing taxable income under the National Internal Revenue Code of 1997, as amended.

CHED compliance, development plan, and reporting

Section 20 makes the conversion effective only upon CHED determination and declaration, based on a panel of experts, that the institution complied with university status requirements under CHED Memorandum Order No. 46, series of 2012, on outcomes-based and typology-based quality assurance.
Section 20 provides that the panel may issue a recommendation when BASSC has substantially complied with requirements for the grant of university status.
Section 20 requires compliance with the university requirements established by CHED, including:
- (a) employment of full-time, permanent faculty with relevant degrees and participation in research and development activities 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 disciplinal and multidisciplinary areas evidenced by refereed publications, citations, inventions, and patents among others;
- (d) comprehensive learning resources and support structures including libraries, practicum laboratories, relevant educational resources, and linkages;
- (e) maintenance of linkage and affiliation with other research institutions worldwide for global standards; and
- (f) outreach activities enabling students, faculty, and research staff to apply new knowledge to address specific social development problems.
Section 20 requires CHED, through its regional office, to regularly provide technical assistance and monitor BASSU compliance with CHED requirements.
Section 21 requires BASSU, within one hundred twenty (120) days after approval of the Act, to:
- (a) submit a five (5) year-development plan, including its program budget, to CHED for recommendation to DBM;
- (b) set up the organizational administrative and academic structure, including appointment of key officials; and
- (c) undergo a management audit in cooperation with CHED.
Section 22 requires the Board to file, on or before the fifteenth (15th) day of the second (2nd) month after opening of regular classes each year, a detailed report on BASSU progress, conditions, and needs with the Office of the President of the Philippines through the Chairperson of CHED, and with both Houses of Congress.

Charter integration, parity, implementation, and effectivity

Section 23 incorporates Republic Act No. 8292, the Higher Education Modernization Act of 1997, as an integral part of the Act and as part of BASSU’s governing charter.
Section 24 provides a parity clause that all powers, functions, privileges, responsibilities, and limitations of state universities and their officials under existing laws are deemed granted to or imposed upon the BASSU and its officials whenever appropriate.
Section 25 charges the amount necessary to carry out the Act against the current-year appropriations of the BASSC and requires that sums necessary for continued operation and maintenance be included in the annual General Appropriations Act thereafter.
Section 26 requires the Board, within sixty (60) days from effectivity of the Act and in consultation with CHED, to formulate the rules and regulations to fully implement the Act.
Section 27 provides separability: if any part or provision is declared invalid or unconstitutional, the remaining parts remain in full force and effect.
Section 28 repeals or modifies all laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the Act.
Section 29 provides effectivity: the Act takes effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.

Issuance, dates, and parties

The Act is titled “REPUBLIC ACT NO. 11554 — 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 Basilan State University (BASSU), and Appropriating Funds Therefor.”
The Act is numbered Republic Act No. 11554 and is dated June 24, 2021.
The Act appears in the 117 OG No. 28, 7103 (July 12, 2021).
The Act was approved on Jun 24 2021 by Rodrigo Roa Duterte, President of the Philippines.
The Act provides that it originated in the House of Representatives and was passed by the House of Representatives on September 28, 2020 and by the Senate on May 24, 2021.