PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACT NO. 5521 - AN ACT ESTABLISHING THE BICOL UNIVERSITY, DEFINING ITS POWERS, FUNCTIONS, AND DUTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
1. Establishment. – There is hereby established in
the Province of Albay with a central site and administration office at
Regan Barracks, Legaspi City and Municipality of Daraga, a university
which shall be known as "the Bicol University", the same being
organized as a body corporate under that name.
Sec. 2. Conversion. – The Bicol Teachers College, the Daraga Central Elementary School, the Albay Provincial High School, the Bicol Regional School of Arts and Trades, the Roxas Memorial Agricultural School, and the School of Fisheries at Tabaco, Albay, are hereby converted into appropriate or other units of the University. The Board of Regents may reorganize them as provided for in Sec. 6 (e) hereof.
Sec. 3. Purpose. – The Bicol University shall primarily give professional and technical training, and provide advanced and specialized instruction in literature, philosophy, the science and arts, besides providing for the promotion of scientific and technological researches.
Sec. 4. Powers of the University. – The following are the powers of the University:
(a) It shall have the general powers as set forth in Section 13 of Act No. 1459, as amended. The exercise of its corporate powers are hereby vested exclusively in the Board of Regents and in the President of the University in so far as authorized by the Board;
(b) It shall have the power to acquire public lands for its expansion and/or beneficial use; and
(c) It shall be authorized, through its college of engineering, to undertake the construction of its buildings and other permanent improvements and such sums as may be necessary for the purpose shall be included in the Annual General Appropriations Act for the University. All public works appropriations in the name of the Bicol Teachers College, the Daraga Central Elementary School, the Albay Provincial High School, the Bicol Regional School of Arts and Trades, the Roxas Memorial Agricultural School, and the School of Fisheries are hereby transferred to the University so provided for in this Act: Provided, That the construction of its buildings and other permanent improvements as authorized in the public works Acts of the Government shall be undertaken by the college of engineering as herein provided any provision of existing laws to the contrary notwithstanding.
Sec. 5. Governing Board; manner of appointment. – The government of the Bicol University is vested in a Board of Regents which shall be composed of nine members, six of whom are regular members and three are ex-officio members. The regular members must be Filipino citizens and residents of the Philippines, two of whom shall be known educators in or from the Bicol Region, two shall successful businessmen or industrialists or professionals of the Region who have shown and are showing interest in the cause of education in the region, and two shall be successful alumni of any of the school or college to be incorporated with and integrated into the University upon recommendation of their respective alumni association, and who will be replace in due time, when available, by successful alumni of the University and upon recommendation by their alumni association when this shall have been organized. The three ex-officio members shall be the Secretary of Education, who shall be the ex-officio Chairman of the Board, the Chairman of the Committee on Finance of the Senate and the Chairman of the Committee on Appropriations of the House of Representatives.
The regular members of the Board of Regents who shall serve a term of four years, shall be appointed by the President of the Philippines, with the consent of the Commission on Appointments. Of the six regular members of the Board of Regents to be first appointed as above provided, the President of the Philippines shall designate two to serve for two years, two to serve for three years and two to serve for four years.
In the absence of inability of the Secretary of Education or when the position is vacant, the other members of the Board shall elect from among themselves a temporary chairman who shall act as Chairman. In case of a vacancy in the regular membership of the Board, the President of the Philippines shall, with the consent of the Commission on Appointments, appoint a new member to serve for the unexpired term only.
No person in the employ of the University or any other educational institution in the Region in any capacity whatsoever, whether as dean, professor, instructor, lecturer or otherwise, shall be eligible for membership in the Board.
The regular members of the Board of Regents shall each receive for every board meeting attended a per diem of one hundred pesos: Provided, That in no case shall the total amount received by each exceed the sum of three hundred pesos for any one month. Besides the per diem, they, together with the ex-officio members shall be reimbursed for actual and necessary expenses incurred in attendance upon meetings of the Board or upon performing other official business authorized by resolution of the Board.
Sec. 6. Powers and duties of the Board of Regents. – The Board of Regents shall have the following powers and duties, in addition to its general powers of administration and the exercise of the powers of the corporation:
a) To determine and fix the dates and time of their regular meetings, as well as special meetings as the need for same may arise: Provided, That all such meetings shall not be more than three times in any one month, nor less than one time in any one quarter;
b) To recommend the President of the University for appointment by the President of the Philippines with the consent of the Commission on Appointments, and who shall serve for a period of nine years;
c) To fix the compensation of the President of the University and to empower him to sit as ex-officio members of the Board with right to participate in the deliberations but without the right to vote;
d) To receive and appropriate to the ends specified by law such sums as may be provided by law for the support of the University;
e) To provide for the establishment of colleges and schools as it may deem necessary: Provided, That at the initial establishment of the university, the Bicol Teachers College together with the Daraga Central Elementary School and the Albay Provincial High School shall be converted into the College of Education for elementary, high school and collegiate education; the Bicol Regional School of Arts and Trades into the School of Arts and Trades under the College of Engineering; the Roxas Memorial Agricultural School into the College of Agriculture, and the School of Fisheries into the College of Fisheries. It shall be required that the Board of Regents immediately establish a post-graduate course in liberal arts and sciences or in education leading to master's degree. The university shall also be required to possess and maintain a professionally administered library of at least ten thousand bound volumes of collegiate books;
f) To receive in trust legacies, gifts and donations of real and personal property of all kinds and to administer the same for the benefit of the University or of a department thereof, or for aid to any student or students in accordance with the direction or instructions of the donor, and/or in default thereof, in such manner as the Board may in its discretion determine; all such donations shall be exempt from the income tax of the donors; to import duty free commodities for educational purposes as an exception to existing laws;
g) To appoint, on the recommendation of the President of the University, professors, instructors, lecturers and other employees of the University; to fix their compensation, hours of service, and such other duties and conditions as it may deem proper; to grant to them in its discretion leave of absence under such regulations as it may promulgate, any provisions of law to the contrary notwithstanding, and to remove them for cause after an investigation and hearing shall have been had; and to extend with their consent the tenure of faculty members of the university beyond the age of sixty-five, any other provision of law to the contrary notwithstanding, on recommendation of the President of the University, whenever in his opinion their services are specially needed: Provided, however, That no extension of service shall be made beyond the age of seventy: Provided, further, That all heads, professors, instructors, lecturers, researchers and other employees actually employed in the schools and colleges to be incorporated with and integrated into the university shall be automatically retained consistent with the Civil Service rules and regulations;
h) To approve the courses of study and rules of discipline drawn up by the university council as hereinafter provided; to fix the required tuition fees, matriculation fees, fees for laboratory courses, graduation fees, and all special and other fees; to remit the same in special cases; and, to utilize the income derived therefrom for the maintenance of the university together with the annual appropriation provided for in Section 19 hereof;
i) To provide fellowships and scholarships and to award the same to students showing special evidence of merit;
j) To establish chairs in the colleges hereinbefore mentioned and to provide for the maintenance or endowment of such chairs, as well as to provide for such other professors, assistant professors, instructors, tutors, and lecturers as the progress of instruction may make necessary, and to fix the compensation pertaining to such positions;
k) To confer the usual honorary degrees upon persons other than graduates of the university in recognition of learning, statesmanship, or eminence in literature, science, or arts: Provided, That such degrees shall not be conferred in consideration of the payment of money or other valuable consideration; and
l) To file with the President of the Philippines a detailed report, setting forth the progress, conditions and needs of the university on or before the fifteenth day of September of each year.
Sec. 7. Quorum. – A quorum of the Board of Regents shall consist of a majority of all the members holding office at the time the meeting of the Board is called. All processes against the Board of Regents shall be served on the chairman or secretary thereof.
Sec. 8. Administration. – The Administration of the University shall be vested in the President of the University who shall render full time service.
The President of the University shall be assisted by three Vice-Presidents; one Executive Vice-President, one Vice- President for Academic Affairs and one Vice-President for External Affairs, who shall be appointed by the Board of Regents upon the recommendation of the President of the University and whose compensation shall be fixed by the Board.
Sec. 9. Powers of the President. – The powers and duties of the President of the University, in addition to those usually pertaining to the office of the president of a university which are not inconsistent with provisions of this law, are the following:
a) To recommend to the Board of Regents for appointment, vice-presidents, deans, professors, instructors, lecturers, and other employees of the university;
b) To promulgate for the government of the University such general ordinances and regulations, not contrary to law, as are consistent with the purposes of the University.
SECTION 10. The Secretary of the University. – The Board of Regents shall appoint a secretary who shall serve as such for both the Board and of the University, and shall keep such records of the university as may be designated by the Board and the President of the University.
SECTION 11. The University Council; powers. – There shall be a university council, consisting of the president of the university and of all the members of the faculty of the university holding the rank of dean, professor, associate professor, and assistant professor. Subject to existing laws, the council shall have the power to prescribe the courses of study and rules of discipline, provided these matters are first approved by the Board of Regents. Subject to the same limitations, it shall fix the requirements for admission to any college of the University as well as for graduation and the conferment of degrees. The council alone shall have the power to recommend students or others to be recipient of degrees. Through its president or committee, it shall have the disciplinary powers over the students within the limits prescribed by the rules of discipline approved by the Board of Regents.
SECTION 12. The Faculty of the University. – The body of professors and instructors of each college shall constitute its faculty, and as presiding officer of each faculty there shall be a dean elected by the Board of Regents on nomination by the president of the university. In the appointment of professors, instructors, and other personnel of the university, no religious or political tests shall be required, nor shall their religious or political opinions or affiliations be made a matter of examination or inquiry: Provided, however, That no professor or instructor or any other personnel in the university shall inculcate sectarian tenets in any of the teachings, nor attempt, either indirectly or directly, under penalty of dismissal by the Board of Regents to influence students or attendants at the University for or against any particular church or religious sect or for or against any political party during any political campaign. The university shall enjoy academic freedom.
SECTION 13. Civil Service requirements. – The president, vice-presidents, deans, professors, other regular instructors and employees in the university shall be exempt from any civil service examination or regulation as a requisite to appointment except the classified employees in the offices of the Comptroller and the representative of the Auditor General; Provided, however, That all shall be entitled to the privileges and rights of security of tenure, promotion in positions and salaries for meritorious service, leaves and retirement benefits, as in the government service as now provided for by law.
SECTION 14. The Comptroller of the University. – There shall be a Comptroller of the university who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments. The comptroller shall have the civil service qualification and rank of a provincial treasurer. Subject to the last proviso of Sec. 6 (g) hereof, he shall have the power to appoint his subordinates who must be civil service eligibles. The size of the Comptroller's staff and compensations of the same including that of the Comptroller shall be determined and fixed by the Board of Regents.
SECTION 15. The Auditor of the University. – The Auditor General of the Philippines shall be ex-officio auditor of the university and shall designate his representative who must hold the regular office in the university to be able to perform his duties efficiently and satisfactorily as a regular official of the university. The designated representative shall have the civil service qualification and rank of a provincial auditor and shall have the power to appoint his subordinates, subject to the last proviso of Sec. 6 (g) hereof, who must be civil service eligibles. The size of the office staff and compensations of the same shall be determined and fixed by the Board of Regents. The compensation of the Auditor's representative shall also be fixed by the Board of Regents upon recommendation by the Auditor General.
SECTION 16. Loans or transfers of apparatus or supplies; detail of employees for duty in the university. – Heads of Bureaus and Offices of the National Government are hereby authorized to loan or transfer, upon request of the president of the university, such apparatus or supplies as may be needed by the university and to detail employees for duty therein when, in the judgment of the Bureau or Office, such supplies or employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duties as are required under such detail, and the time so employed shall count as part of their regular service.
SECTION 17. Board of Visitors of the University. – The President of the Philippines, the President of the Senate and the Speaker of the House of Representatives, and the Senators and Congressmen from the Bicol Region shall constitute a board of visitors of the university, whose duty it shall be to attend commencement exercises of the university, to make visits at such other time as it may deem proper, to examine the property, course of study, discipline, the state of finances of the university, to inspect all books and accounts of the institution, and to make reports to the President of the Philippines upon the same, with such recommendations as it may favor.
SECTION 18. Abolition and Transfers. – The Bicol Teachers College, the Daraga Central Elementary School, the Albay Provincial High School, the Bicol Regional School of Arts and Trades, the Roxas Memorial Agricultural School, and the School of Fisheries at Tabaco, Albay, are hereby abolished and all their personnel, unexpended appropriations, and all their assets fixed and movable are transferred to the Bicol University.
SECTION 19. Appropriations. – The sum of one million pesos is hereby appropriated out of any funds in the National Treasury to be expended in the discretion of the Board of Regents for the establishment and operation of the university. The unexpended balances in the appropriations for the schools and colleges incorporated with and integrated into the university at the time of incorporation and integration shall be added to this sum of one million pesos. Thereafter, funds for the maintenance of the university shall be included in the annual General Appropriations Act of the National Government, the total sum of which shall be recommended by the Board of Regents of the university.
Sec. 20. Effectivity. – This Act shall take effect upon its approval.
Approved: June 21, 1969