Nineteenth Congress
Second Regular Session
[ REPUBLIC ACT NO. 11980, February 15, 2024 ]
AN ACT STRENGTHENING THE BULACAN STATE UNIVERSITY, EXPANDING ITS CURRICULAR OFFERINGS AND THE COMPOSITION OF THE GOVERNING BOARD, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title . - This Act shall be known as the "Revised Bulacan State University Charter".
Section 2. Declaration of Policy. - The State shall promote, foster, nurture, and protect the right of all citizens to accessible quality education. It shall establish, maintain, and support a complete, adequate, and integrated system of education that is relevant to the needs of the people and society.
To this end, the Bulacan State University (BulSU) and its constituent units shall be strengthened as a state university to enhance its capability to provide accessible quality education. It shall also be further strengthened by expanding its curricular offerings and the composition and powers of its governing board, developing competencies and encouraging the specialization of its constituent units, engaging in conventional or alternative instructional techniques, methodologies and strategies, and fostering a unique and distinctive academic leadership towards the improvement of BulSU as an academic institution and the delivery of higher education services in the Province of Bulacan and Central Luzon Region.
Section 3. University Campuses and Other Units. - The BulSU shall be comprised of its existing campuses in the cities of Malolos and San Jose del Monte and in the municipalities of San Rafael, Bustos, Bulakan, and Hagonoy, as well as its constituent units, regular and extension campuses, colleges, academic or nonacademic units, and all other BulSU campuses that may be established in the future. The main campus of the BulSU shall remain in the City of Malolos, Province of Bulacan.
Section 4. General Mandate. - The BulSU shall primarily provide advanced education, higher technological, professional courses and training programs in 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, law, nontraditional research and extension services and production activities, in support of the socioeconomic development of the Province of Bulacan and Central Luzon Region.
Section 5. Curricular Offerings. - The BulSU shall primarily offer undergraduate and graduate courses, advanced professional and technical instruction and training within its areas of specialization in the fields of 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, public administration, and other relevant fields of study, as the Board of Regents may deem necessary for the accomplishment of its objectives, and those which respond to the human resource development needs of the Province of Bulacan and Central Luzon Region: Provided, That BulSU shall comply with the policies, standards and guidelines of the Commission on Higher Education (CHED) for the offering of courses and the introduction of new or revised programs.
The BulSU may open new branches or extension campuses in consortium with other academic institutions as it may deem necessary, to improve access to quality education, promote innovation and progress in the academe, and advance its research capabilities, subject to applicable arrangements with other institutions: Provided, That BulSU shall comply with the policies, standards and guidelines of the CHED for the operation of regular or extension campuses.
The existing reasonably-sized laboratory junior and senior high school shall continue to operate under the supervision of the College of Education of the BulSU to serve the in-campus requirements of its students.
Section 6. Administration. - The BulSU shall have the general powers of a corporation set forth in Republic Act No. 11232, otherwise known as the "Revised Corporation Code of the Philippines". The exercise of its corporate powers shall be vested exclusively in the Board of Regents, hereinafter referred to as the Board, and the President of the BulSU.
Section 7. The Governing Board. - The governing board of the BulSU shall be the Board of Regents, hereinafter referred to as the Board, which shall be chaired and co-chaired by the Chairperson of the CHED and the President of the BulSU, respectively, and with the following as members:
(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 (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 the BulSU;
(g) President of the federation of student councils of the BulSU;
(h) President of the federation of alumni associations of the BulSU;
(i) President of the nonteaching personnel association of the BulSU; and
(j) Two (2) prominent citizens from the private sector who have distinguished themselves in their professions or fields of specialization.
The Board shall appoint two (2) prominent citizens who shall be selected from a list of at least five (5) qualified persons from the Province of Bulacan as recommended by a search committee constituted by the President of the BulSU, in consultation with the Chairperson of the CHED and other members of the Board, based on the guidelines, qualifications and standards for the position set by the Board. They shall serve for a term of two (2) years from the date of appointment.
The president of the federation of faculty associations, the president of the federation of student councils, the president of the federation of alumni associations, and the president of the nonteaching personnel association of the BulSU shall be coterminous with their terms of office, as provided under their respective constitutions and by laws.
Section 8. Powers and Duties of the Board. - The administration of the BulSU and the exercise of its corporate powers are vested in the Board, which shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the Board of Directors of a Corporation under Section 35 of Republic Act No. 11232, the Board shall have the following specific powers and duties:
(a) Promulgate and implement policies in accordance with the declared State policies on education, other pertinent provisions of the Constitution on education, agriculture, science and technology, and the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994";
(b) Approve the curricula, instructional programs, and rules on students discipline drawn by the Administrative and Academic Councils as herein provided;
(c) Appoint, upon the recommendation of the President of the BulSU, the vice presidents, deans, directors, heads of the campuses, faculty members, and other officials of the BulSU;
(d) Prescribe the salaries of faculty members and administrative officials and employees, subject to the provisions of Republic Act No. 11466, otherwise known as the "Salary Standardization Law of 2019", civil service rules and regulations governing hours of service and such other requirements and conditions, and other pertinent laws, rules and regulations;
(e) Fix the tuition fees and other necessary school charges, such as matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose, after due consultation with the concerned sectors. The fees and charges, including government subsidies and other income generated by the BulSU, shall constitute its funds to be used exclusively in the pursuit of its mandate as a state university, and shall be deposited in any authorized government depository bank. All interests that shall accrue therefrom shall form part of the same funds for the use of the BulSU;
The fees and charges collected by the BulSU, including government subsidies and proceeds from other income sources, as well as interests that would accrue therefrom, shall be retained by the University: Provided, That in no case shall the said income be used for the payment of allowances and other benefits not authorized by law: Provided, further, That all fiduciary fees shall be disbursed for the specific purpose for which they were collected.
If the BulSU, for reasons beyond its control, would not be able to pursue any project for which funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said fund for any reasonable purpose for which it deems necessary and urgent for the attainment of the objectives of the University: Provided, That funds collected from students for specific purposes shall not be realigned or reprogrammed to other expenditures;
(f) 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";
(g) Establish professional chairs in the BulSU and provide fellowships for qualified faculty members, and scholarships to deserving students;
(h) Receive and appropriate sums as may be provided by law for the support of the BulSU, and all other sums in the manner it may, in its discretion, determine to carry out the purposes and functions of the BulSU;
(i) Set the policies on admission and graduation of students;
(j) Award honorary degrees upon persons in recognition of their outstanding contributions in the fields of education, public service, arts, science and technology, sports and human kinetics or any field of specialization within the academic competency of the BulSU, and authorize the awarding of certificates of completion of nondegree and nontraditional courses;
(k) Establish research and extension centers to promote the development of the BulSU;
(l) Develop academic arrangements for institutional capability building with appropriate institutions and agencies, whether public, private, local or foreign, and appoint experts or specialists as consultants, part-time, visiting or exchange professors, scholars or researchers, as the case may be;
(m) Adopt modern and innovative modes of knowledge transfer for the promotion of greater access to education such as the use of information technology, the dual training system, open distance learning, and community laboratory;
(n) Collaborate with the governing bodies of other state universities and colleges within the Province of Bulacan and Central Luzon Region, under the supervision of the CHED and in consultation with the Department of Budget and Management (DBM), in restructuring the BulSU to make it more efficient, relevant, productive and competitive;
(o) Absorb non-chartered tertiary institutions within the Province of Bulacan and Central Luzon Region as branches, extension or external centers, in coordination with the CHED and in consultation with the DBM, and offer therein programs or courses to carry out the constitutional mandate of providing equal access of students to educational opportunities;
(p) Authorizes an external management audit of the BulSU, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit, and institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;
(q) Develop consortia and other economic forms of linkages with local government units as well as public, private, local or foreign institutions and agencies for the furtherance of the purposes and objectives of the BulSU;
(r) Import books or publications, instruments, equipment and apparatuses for economic, technical-vocational, scientific, medical, philosophical, historical, legal or cultural purposes;
(s) Enter into joint venture with business and industry, after consultation with the NEDA, for the profitable development and management of economic assets, the proceeds of which shall be used for the development and strengthening of the BulSU;
(t) Receive, in trust, all legacies, gifts and donations of real and personal properties of all kinds and administer and dispose of the same, when necessary, for the benefit of the BulSU and subject to the limitations, directions and instructions of the donor, if any;
(u) Extend the term of the President of the BulSU beyond the age of retirement, but not beyond the age of seventy (70), based on the guidelines, qualifications and standards set by the Board: Provided, That such extension shall be subject to the term limits provided in Section 10 of this Act: Provided, further, That the President's performance has been rated by the Board as outstanding and a unanimous recommendation for such extension has been decided upon by the search committee;
(v) Delegate any of its powers and duties provided to the President and other officials of the BulSU, as it may deem appropriate, so as to efficiently and effectively administer the affairs of the BulSU;
(w) Establish policy guidelines and procedures for participative and transparent decision-making within the BulSU;
(x) Where most advantageous to the BulSU, outsource the management of nonacademic services such as health, food, building or grounds or property maintenance, and such other similar activities;
(y) Authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real property, including the necessary supplies, materials, and equipment; and
(z) Promulgate rules and regulations, as may be necessary to carry out the purposes and functions of the BulSU.
Section 9. Meetings of the Board. - The Board shall regularly convene once every three (3) months. The Chairperson of the Board may, however, call a special meeting whenever necessary: Provided, That members are notified in writing at least three (3) days prior to the conduct of said meeting.
A quorum of the Board shall consist of a majority of all its members holding office at the time of the meeting: Provided, however, That the Chairperson of the Board or the President of the BulSU is among those present in the meeting.
In case the Chairperson of the CHED cannot attend a meeting of the Board, a CHED Commissioner, duly designated by the Chairperson of the CHED as representative to the meeting, shall have all the rights and responsibilities of a regular member: Provided, That during the meeting, the President of the BulSU, as Vice Chairperson, shall be the presiding officer: Provided, further, That this provision notwithstanding, the Chairperson of the CHED may designate a CHED Commissioner as the regular Chairperson of the Board, in which case, the said CHED Commissioner shall act as the presiding officer.
In case the Chairpersons of the Senate Committee on Higher, Technical and Vocational Education and the House Committee on Higher and technical Education cannot attend the Board meeting, they may designate their respective representatives, who shall have the same rights and responsibilities as regular member of the Board.
The members of the Board shall not receive any salary, but shall be entitled to reimbursements for actual and necessary expense incurred, either for their attendance to the meetings of the Board or in connection with other official business authorized by a resolution of the Board, subject to exiting laws and regulations.
Section 10. The University President. - The BulSU shall be headed by a President who shall be appointed by the Board, subject to its guidelines, qualifications and standards, and based on the recommendation of a search committee duly constituted for the purpose of selecting the President.
The President shall render full-time service and shall have a term of four (4) years and may be reappointed to another term.
Within six (6) months before the expiration of the term of office of the President of the BulSU, the Board shall constitute the Search Committee for the Presidency, and shall ensure the appointment or reappointment of a President on or before the expiration of the term.
The powers and duties of the President of the BulSU, in addition to those specifically provided for in this Act, shall include those usually pertaining to the Office of the President of similar state universities and colleges and those delegated by the Board.
The salary of the President of the BulSU shall be in accordance with Republic Act No. 11466, or the "Salary Standardization Law of 2019", and such other laws amendatory thereto, which may hereinafter be enacted, and on the joint circular for state universities and colleges' leveling instruments, and guidelines of the CHED and the DBM.
In case of a vacancy in the office of the President by reason of death, compulsory retirement, resignation, removal for cause, or incapacity to perform the functions of the office, the Board shall designate an Officer-in-Charge (OIC) of the BulSU, pending the appointment of a new President: Provided, That the OIC shall serve only during the unexpired portion of the term.
The President of the BulSU shall be assisted by the following officials: 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 the Vice President for Quality Assurance. They shall all be appointed by the Board upon the recommendation of the President of the BulSU.
Section 11. The Secretary of the BulSU. - The Board shall appoint a Secretary who shall serve as such for both the Board and the BulSU and shall keep all records and proceedings of meetings of the Board. The Secretary of the BulSU shall serve upon each member of the Board the appropriate notice of board meetings.
Section 12. The Treasurer of the BulSU. - The Treasurer of the Philippines shall be the ex officio Treasurer of the BulSU.
Section 13. The Administrative Council. - There shall be an Administrative Council consisting of the President of the BulSU as chairperson, and the vice presidents, deans, directors, and other officials of equal rank, as members. The Administrative Council shall review and recommend to the Board the policies that shall govern the administration, management, and development planning of the BulSU.
Section 14. The Academic Council. - There shall be an Academic Council ,which shall formulate academic policies. It shall be composed of the President of the BulSU, who shall act as chairperson, and all academic staff with the rank of at least an assistant professor, as members.
The Academic Council shall have the power to review and recommend the curricular offerings and rules on student discipline, subject to the approval of the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degree, subject to the review and approval of the Board through the President of the BulSU.
It shall exercise disciplinary power over the students of the BulSU and shall formulate rules and regulations on student discipline, subject to the approval of the Board.
Section 15. Heads of University Campuses. - The constituent units of the BulSU shall be clustered into two (2) and each cluster shall be headed by a Chancellor who shall have a term of three (3) years and may be reappointed for another term. The Chancellor shall be appointed by the Board upon the recommendation of the search committee and the BulSU President, subject to the guidelines, qualifications and standards set by the Board.
The campuses under the constituent units of the BulSU shall each be headed by a Campus Director who shall serve as head or administrator of each of the campuses and shall render full-time service for a term of two (20 years and may be reappointed to another term.
The Campus Director shall be appointed or designated by the Board, upon the recommendation of the search committee and the BulSU President, subject to the guidelines, qualifications and standards set by the Board: Provided, That upon the effectivity of this Act, the incumbent Campus Directors of the existing campuses of the BulSU shall continue to serve as such.
Section 16. The Faculty. - No political belief, sex, gender, preference, cultural or community affiliation, ethnic origin, or religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the BulSU: Provided, That said appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That no member of the faculty shall teach for or against any particular religious denomination.
Section 17. Faculty Sabbatical Leave. - The BulSU may grant sabbatical leave to deserving and qualified faculty for purposes of research or community engagement ranging from three (3) months to one (1) year, subject to the recommendation of the Chancellor and the BulSU President and upon approval of the Board.
Faculty engaged in long-term sabbatical leave shall be temporarily relieved from their teaching duties to conduct research, write, and engage in scholarly or professional activity and required to submit a research output published in a reputable journal.
Section 18. Academic Freedom and Institutional Autonomy. - The BulSU shall enjoy academic freedom and institutional autonomy pursuant to paragraph 2, Section 5 of Article XIV of the Constitution.
Section 19. Scholarship Programs and Admission. - The BulSU shall provide scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission to the BulSU.
No student shall be denied admission to the BulSU by reason of sex, gender, religion, cultural community affiliation, or ethnic origin, or any other forms of discrimination.1aшphi1
Section 20. Loan or Transfer of Supplies, Apparatuses, or Equipment, or Detail of Personnel to the BulSU. - Heads of national govenrment agencies and instrumentalities may, upon the request of the Board through the President of the BulSU, loan or transfer supplies, apparatuses, or equipment, or detail personnel to the University: Provided, That such loan, transfer or detail shall not be detrimental to public service.
The personnel to be detailed to the University shall perform such duties as may be deemed required by the President of the BulSU and the time spend for such duties shall be counted as part of the detailed personnel's regular service.
Section 21. Assets, Liabilities, and Personnel. - All assets, both real and personal, personnel and records of the BulSU, as well as its liabilities or obligations, shall remain under the name of the BulSU: Provided, That the positions, rights, and security of tenure of faculty members and personnel therein employed under existing laws shall be respected: Provided, further, That the incumbents occupying the positions shall remain in the same status until otherwise provided for by the Board: Provided, finally, That the BulSU shall also accordingly upgrade or increase its human resource component as may be deemed appropriate by the Board.
All parcels of land belonging to the government occupied by the BulSU and all its campuses are hereby declared as property of the BulSU and shall be titled under its name: Provided, That should BulSU cease to exist or be abolished or should such aforementioned parcels of land be no longer needed by the BulSU, the same shall 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.
Section 22. Duty and tax Exemption. - The importation of books or publications, instruments, equipment and apparatuses which are for economic, technical-vocational, scientific, medical, philosophical, historical, legal or cultural purposes made by the BulSU, upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of Republic Act No. 10863, otherwise known as the "Customs Modernization and Tariff Act".
All grants, bequests, endowments, donations, and contributions made to and used actually, directly, and exclusively for educational purposes by the BulSU shall be exempt from donor's tax and the same shall be considered as allowable deductions from gross income for purposes of computing the taxable income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.
Section 23. Development Plan, Management Audit, and Organizational, Administrative, and Academic Structure. - Within a period of one hundred twenty (120) days after the approval of this Act, the BulSU shall accomplish the following:
(a) Submit a five (5)-year development plan, including its program budget to the CHED for recommendation to the DBM;
(b) Set up its organizational, administrative, and academic structure, including the appointment of key officials of the BulSU; and
(c) Undergo a management audit in coordination with the CHED,
Section 24. Filing of Report. - On or before the fifteenth (15th) day of the second (2nd) month after the opening of regular classes each year, the Board shall file a detailed report on the progress, condition, and needs of the BulSU with the Office of the President of the Philippines and both Houses of Congress, through the Chairperson of the CHED.
Section 25. Suppletory Application - The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997", shall form part of this Act.
Section 26. Parity Clause. - All other powers, functions, privileges, responsibilities, and limitations under existing laws shall be deemed granted to or imposed upon the BulSU and its officials, whenever appropriate.
Section 27. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be charged against the current year's appropriation of the BulSU. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
Section 28. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act, the Board shall, in consultation with the CHED, formulate rules and regulations to fully implement the provisions of this Act.
Section 29. Separability Clause. - If, for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.
Section 30. Repealing Clause. - Republic Act No. 7665, entitled "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 laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the provisions of this Act are amended, repealed, or modified accordingly.
Section 31. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
(SGD.) JUAN MIGUEL F. ZUBIRI
President of the Senate |
(SGD.) FERDINAND MARTIN G. ROMUALDEZ
Speaker of the House of Representatives |
|
This Act, which originated in the House of Representatives, was passed by the House of Representatives on May 23, 2023, amended by the Senate of the Philippines on September 25, 2023, and which amendments were concurred in by the House of Representatives on September 27, 2023.
(SGD.) RENATO N. BANTUG, JR.
Secretary of the Senate |
(SGD.) REGINALD S. VELASCO
Secretary General House of Representatives |
Approved: FEB 15 2024
FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines
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