Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

8159

Introduced by HON. AMIHILDA SANGCOPAN of Anak Mindanao (AMIN) Party-
List

EXPLANATORY NOTE

Basilan State College is a state college in the Island province of Basilan. Its
main campus is located in Isabela City with three college extensions in Lamitan City,
Maluso and Tipo-Tipo, Basilan, plus one agricultural and secondary campus in Sta.
Clara, Lamitan City.

Basilan State College has been established by virtue of Presidential Decree
No. 1943 under the presidency of Ferdinand Marcos. It is the only public institution
in the Province that caters tertiary education.

The institution is offering several Bachelors of Science courses and as well as
Bachelor of Arts specializing in different fields of education. It also offers Post
Graduate Courses and some two-year non-diploma programs. Presently the school
is Level 1 and Il AACUP accredited.

Basilan State College has apparently improved its school facilities to meet the
increasing number of enrollees. It has its state of the art facilities that could be at par
with other leading state universities in the country. Academically wise, the school is
satisfactorily performing well as the number of board passers and civil service
eligible are increasing.

With this we seek the conversion of Basilan State College to Basilan State
University to cater more students and provide quality higher education. This bill
aims to give reform to its educational system equal to that standard of a university.

The conversion of Basilan State College to State University will open more
opportunities for advance education and professional training in research and in the
students chosen fields of education.

In view of the foregoing, approval of this bill is highly recommended.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8159

Introduced by HON. AMIHILDA SANGCOPAN of Anak Mindanao (AMIN) Party-List

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Conversion. - The Basilan State College (BASSC) in the City of Isabela,
Province of Basilan, is hereby converted into a State University to be known as the
Basilan State University (BASSU), hereinafter referred to as the University. Its main
campus shall be in Barangay Sumagdang, Isabela City. Extension sites of the BASSC
were established in the Municipalities of Tipo-Tipo and Maluso, the Cities of Lamitan
and Isabela.

Section 2.General Mandate.- The University shall primarily provide advance
education, higher technological, professional and vocational instruction and training in
arts and sciences, education, agriculture and industrial fields, management,
criminology, maritime, medical education, legal education, non- traditional courses and
other related fields of study. As well as short-term technical or vocational courses. It
shall promote and undertake research, extension services and production activities,
advance studies, and progressive leadership in its areas of specialization.

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Section 3. Academic Freedom and Institutional Autonomy. - The University shall
enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5
of Article XIV of the Constitution.

Section 4. Curricular Offerings- The University shall offer undergraduate and
graduate courses in the fields of arts and sciences, teacher education, agricultural and
industrial fields and engineering, information technology, business management and
accountancy, medical education, legal education, tourism and hospitality management,
maritime education, criminology. It shall also offer opportunity or short-term technical
or vocational courses within its areas of specialization to meet the needs of the not just
the Province of Basilan, but the Autonomous Region in Muslim Mindanao (ARMM)
and nearby regions, as well.

The University may operate reasonably - sized laboratory school under its college of
education.

Section 5. Administration.- The University shall have the general powers of a
corporation set forth in Batas Pambansa Billing 68, as amended, otherwise known as
“The Corporation Code of The Philippines”. The Administration of the University and
the exercise of its corporate powers shall be vested exclusively in the Board of Regents
and the President of the University.

Section 6. The Governing Board. - The governing body of the University shall be the
Board of Regents, herein after referred to as the Board, which shall be composed of the
following:

1. The Chairperson of the Commission on Higher Education (CHED), Chairperson;

2. The President of the University, Vice Chairperson;

3. The Chairperson of the Committee on Education, Arts and Culture of the Senate,
Member;

4, The Chairperson of the Committee on Higher and Technical Education of the
House of Representatives, Member;

5. The Regional Director of the National Economics and Development Authority
(NEDA) Region V, Member;

6. The Regional Director of the Department of Agriculture (DA) Region V, Member;

7. The Regional Director of the Department of Science and Technology (DOST)
Region V, Member;

8. The President of the Federation of Faculty Associations of the University,
Member;

9. The President of the Federation of Student Councils of the University, Member;

10. The President of the Federation of Alumni Associations of the University,
Member; and

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11. Two (2) prominent citizens from the private sector who have distinguished
themselves in their professions or fields of specialization of the University,
Members.

The Board shall appoint the two (2) prominent citizens from among a list of at least five
(8) qualified persons in the Province of Basilan, as recommended by the search
committee constituted by the University President, in consultation with the chairperson
of the CHED and the other members of the Board, based on the normal standards and
qualifications for the position.

The term of office of the President of the Federation of Faculty Associations, the
President of the Federation of Student Councils and the President of the Federation of
Alumni Association shall be co-terminus with their respective constitution and bylaws.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of
appointment.

Section 7. Powers and Duties of the Board of Regents. - The Board 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 existing laws.

1. To promulgate and implement policies in accordance with the declared State
policies and the provisions of the Philippine Constitution on education,
agriculture, science and technology, as well as the policies, standards and
thrusts of the CHED under Republic Act No. 7722, otherwise known as the
“Higher Education Act of 1994”.

2. To promulgate rules and regulations not contrary to law as may be necessary to
carry out the purposes and functions of the university;

3. To receive and appropriate all sums as may be provided for the support of the
University in the manner it may determine in its discretion, in order to carry out
the purposes and functions of the University;

4, To import economic, technical and cultural books and/ or publications;

5. To receive in trust legacies, gifts and donations of real and personal properties of
all kinds and to administer and dispose of the same when necessary for the
benefit of the University, and subject to the limitations, directions and
instructions of the donor, if any;


6. To fix the tuition fees and other necessary school charges, including
matriculation fees, graduation fees and laboratory fees, as the board may deem
proper to impose, after due consultations with the involved sectors. Such fees
and charges, including government subsidies and other income generated by the
University, shall constitute special trust funds and shall be deposited in any
authorized government depository bank: Provided, That and all interests that
shall accrue therefrom shall form part of the same funds for the use of the
University.

Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the University from tuition fees and other
charges, as well as from the operation of auxiliary services and land grants, shall be
retained by the University, and may be disbursed by the Board for instruction,
research and extension or other programs/projects of the University. Provided, That
all fiduciary fees shall be disbursed for the specific purposes by which these are
collected.

If, for reasons beyond its control, the University shall not be able to pursue any
project for which the funds have been appropriated and allocated under its approved
program of expenditures, the Board may authorize the use of said funds for any
reasonable purpose which, in its discretion, may be necessary and urgent for the
attainment of the objectives and goals of the University, such as:

1. To adopt and implement a socialized scheme of tuition and school fees for
greater access to poor but deserving students in accordance with the existing
provisions of RA 10931;

2. To authorize the construction or repair of its buildings, machinery, equipment
and other facilities, and the purchase and acquisition of real property, including
necessary supplies, materials and equipment;

3. To appoint upon recommendation of the President of the University, Vice
Presidents, Deans, Directors, Heads of Campuses, faculty members and other
officials and employees of the University;

4. To fix and adjust salaries of faculty members and administrative officials and
employees, subject to the provisions and other pertinent budget and
compensation and position classification system and other pertinent budget and
compensation laws governing hours of service, and such other duties and
conditions as it may deem proper; to grant them, at its discretion, leaves of
absence under such regulations as it may promulgate, any provision of existing
law to the contrary notwithstanding; and to remove them for cause in accordance
with the requirements of due process of law;

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5. To approve the curricula, instructional programs and rules of discipline drawn
by the administrative and academic councils herein provided;

6. Toset policies on admission and graduation of students;

7. To award honorary degrees upon persons in recognition of their outstanding
contribution in the fields of education, public service, arts, science and
technology, agriculture or in any field of specialization within the academic
competence of the University; and to authorize the awarding of certificates of
completion of non-degree and non-traditional courses;

8. To absorb non-chartered tertiary institutions within the province of Basilan as
branches in coordination with the CHED, and in consultation with the
Department of Budget and Management (DBM), and to offer therein programs or
courses, to promote and carry out equal access to educational opportunities as
mandated by the Constitution;

9. To establish research and extension centers for instructional, research, and
community service purposes;

10. To establish professional chairs in the University and to provide fellowships for
qualified faculty members and scholarships to deserving students;

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To delegate any of its powers and duties provided for hereinabove to the
President and/or other officials of the University as it may deem appropriate, so
as to expedite the administration of the affairs of the University;

12. To authorize an external management audit of the University, to be financed by
the CHED, subject to the rules and regulations of the Commission on Audit
(COA); and to institute reforms, including academic and structural changes, on
the basis of the audit results and recommendations;

13.To collaborate with other Governing Boards of the State Colleges and
Universities within the Province of Basilan or Region V, under the
supervision of CHED and in consultation with the DBM, and work towards the
restructuring of the University to become more efficient, relevant, productive
and competitive;

14. To enter into joint venture with business and industry for the profitable
development and management of the economic assets of the University, the
proceeds from which shall be used for the development and strengthening of the
University;

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15. To develop consortia and other economic forms of linkages with Local
Government Units (LGU's), institutions and agencies, both public and private,
local and foreign, in the furtherance of the purposes and objectives of the
University;

16. To develop academic arrangements for the institutional capability building with
appropriate institutions and agencies, public and private, local and foreign, and
to appoint experts/ specialists as consultants, part- time or visiting or exchange
professors , scholar or researchers, as the case may be;

17.To set up the adoption of modern and innovative modes of transmitting
knowledge such as the use of information technology, the dual learning system,
open or distance education and community laboratory for the promotion of
greater access to education;

18. To establish policy guidelines and procedures for participative decision- making
and transparency within the University;

19. To privatize, where most advantageous to the University, the management of
non- academic services such as health, food, building or grounds or property
maintenance and such other similar activities; and

20.To extend the term of the president of the University beyond the age of
retirement but not beyond the age of seventy (70), whose performance has been
unanimously rated by the Board as outstanding based on the guidelines,
qualifications and /or standards set by the Board, after unanimous
recommendation by the Search Committee.

Section 8. Meetings of the Board. - The Board shall regularly convene once every three
(3) months. Whenever necessary, the chairperson of the Board may call, upon a 3-day
prior, written notice, a maximum of two days special meetings within the same period.

A quorum of the Board shall consist of 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 University is among those present in the meeting.

The Chairperson of the CHED shall designate a Commissioner as representative in the
meeting with all the rights and responsibilities of a regular member: Provided,
however, That during the meeting, the President of the University as the vice
chairperson shall be the Presiding Officer: Provided further, that This proviso
notwithstanding, the Chairperson of the CHED is hereby authorized to designate a

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CHED Commissioner as the regular chair of the Board, in which case said CHED
Commissioner shall act as the Presiding Officer.

Incase the Chairpersons of the Congressional Committee on Education shall not be able
to attend the board meeting, they may designate their respective representatives to
attend the said meeting, who shalll have the same rights and responsibilities as a 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 expenses incurred, either in their attendance
to meetings of the Board or in connection with other official business authorized by
resolution of the Board, subject to existing laws and regulations.

Section 9. The University President. - The University shall be headed by a President,
who shall render full - time service who shall be appointed by the Board, subject to the
guidelines, qualifications and standards set by the Board, upon recommendation of a
duly constituted search committee. The University President shall have a term of four
(4) years and shall be eligible for reappointment for another term: Provided, That in
order to effect a smooth transition to a State University, the incumbent President of
BASSC shall serve as the first President of the University.

Within six (6) months before the expiration of the term of office of the incumbent
President of the University, the Board shall constitute a Search Committee for the
Presidency (SCP).

In case of vacancy in the Office of the President by reason of death, compulsory
retirement, resignation, removal for cause or incapacity of the President to perform the
functions of the office, the Board shall immediately designate an Officer-in~Charge of
the University pending the appointment of a new President. Within six (6) months from
the date of vacancy, the Board shall constitute a Search Committee for the Presidency
(GCP). The appointed President shall serve a new term.

The powers and duties of the President of the University, in addition to those
specifically provided in the act, shall be those usually pertaining to the Office of the
President of similar State Universities, and those delegated by the Board.

The salary of the President of the University shall be in accordance with the revised
compensation and position classification system and shall be comparable to that being
received by the Presidents of similar State educational institutions.

The President of the University shall be assisted by the Vice President for Academic
Affairs, a Vice President for Administration and a Vice President for Research and

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Development, Extension Services and Training, who shall be appointed by the Board
upon recommendation of the President.

Section 10. The Secretary of the University. - The Board shall appoint a Secretary who
shall serve as such for both the Board and the University, and shall keep all the records
and proceedings of the Board. The Secretary of the University shall serve upon each
member of the Board the appropriate notice of the Board meetings.

Section 11. The Treasurer of the University. - The Treasurer of the Philippines shall be
the ex officio treasurer of the University.

Section 12. The Administrative Council. - There shall be an Administrative Council
consisting of the President as the Chairperson, Vice Presidents, Deans, Directors and
other officials of equal rank as members, whose duty shall be to review and
recommend to the Board the policies that shall govern the administration, management
and development planning of the University.

Section 13.The Academic Council.- There shall be an Academic Council to be
composed of the President of the University, 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 of discipline of the University, 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 degrees, subject to review and approval by the Board
through the President of the University. It shall exercise disciplinary power over
students of the University and shall formulate academic policies and rules and
regulations on discipline, subject to the approval of the Board.

Section 14.The Faculty.- No political beliefs, gender, preference, cultural or
community affiliation or ethnic origin, and religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the University: 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 church, faith or religious sector.

Section 15. Admission/Scholarship Program. - No student shall be denied admission
to the University by reason of sex and/or gender preference, race, religious belief,
political affiliation, cultural or ethnic origin. The University shall provide a scholarship
program and other affirmative action programs to assist poor but deserving students
who qualify for admission to the University.


Section 16. Authority to Loan or Transfer Apparatus/ Equipment/ Supplies and Detail
of Personnel. - The heads of the bureaus and offices of the national government are
hereby authorized to loan or transfer, upon the request of the President of the
University, such apparatus, equipment or supplies as may be needed by the
University, and to detail employees for duty therein when, in the judgement of the
head of the bureau or office, such apparatus, equipment or supplies or services of
such employees can be spared without serious detriment to public service.

The employees so detailed shall perform such duties as required of them by the
President of the University, and the time thus served shall be counted as part of their
regular services.

Section 17. Assets, Liabilities and Personnel. - All assets, real and personal and
records of the BASSC, as well as liabilities and obligations, are hereby transferred to the
University. The positions, rights and security of tenure of faculty members and
personnel therein employed under existing laws prior to the conversion into a
University shall be respected.

All parcels of land belonging to the government occupied by the BASSC are hereby
declared to be property of the University and shall be titled under its name: Provided,
That should the University cease to exist or be abolished or should such parcels of land
aforementioned be no longer needed by the University, the same shall revert to the
Province of Basilan or the Republic of the Philippines, as the case may be.

Section 18. Tax Exemption on Importation and Donations.- The importation of
economic, technical and cultural books or publications, which is for economic, technical
or vocational, scientific, philosophical, historical or cultural purposes, made by the
University upon certification by the CHED, shall be exempt from customs duties in
accordance with the provisions of the Republic Act No. 10863 otherwise known as the
Customs Modernization and Tariff Act (CMTA).

All grants, bequest, endowments, donations and contributions made to be used
actually, exclusively and directly by the University shall be exempt from the donor's tax
and the same shall be considered as allowable deduction from the gross income in the
computation of the income tax of the donor, in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended.

Section 19. Development Plan, © Management = Audit, —_Organizational/
Administrative/Structure. -Within the period of one hundred twenty (120) days after
the approval of this Act, the University shall accomplish the following:

1. Submit a five year (5) development plan, including its corresponding program
budget to the CHED, for the corresponding recommendation to the DBM;

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2. Undergo a management audit in cooperation with the CHED; and

3. Set up organizational, administrative, as well as academic structure, including
the appointment of the key officials of the University.

Section 20. Filing of Report. - On or before the fifteenth (15') day of the second (2)
month after the opening of the regular classes each year, the Board shall file with the
Office of the President of the Philippines, through the Chairperson of the CHED, and
with both houses of Congress, a detailed report on the progress, conditions and needs
of the University.

Section 21.Suppletory Application.- The provisions of Republic Act No. 8292,
otherwise known as the “Higher Education Modernization Act of 1997”, shall be an
integral part of this Act and shall serve as part of the governing Charter of the
University.

Section 22. Compliance with CHED Requirements. -The provisions of this Act
notwithstanding, the conversion of the institution into a state university shall become
effective only upon the determination and declaration by the CHED, based on the
recommendation of a panel of experts it shall constitute for the purpose, that the
institution has complied with the requirements for a university status based on CHED
Memorandum Order No. 46, series of 2012 (Policy Standards to Enhance Quality
Assurance (QA) in Philippine Higher Education, through the Outcomes-Based and
Typology-Based QA): Provided, That the panel may issue such a recommendation
when the institution has substantially complied with the requirements for the grant of
university status.

The following operational requirements for a university, as established by the CHED,
shall be complied with:

a. Faculty members who possess relevant degrees in their areas of specialization, as
required by the CHED, and shall have participated in research and development
activities in their respective disciplines, as evidenced by refereed publications and other
scholarly outputs;

b, A comprehensive range of degree programs in all levels, from basic post-secondary
to doctoral programs;

c. Viable research programs in specific (disciplinal and multidisciplinary) areas of study

that produce new knowledge, as evidenced by refereed publications, citations,
inventions, and patents, among others.;

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d. Comprehensive learning resources and support structures, to include libraries,
practicum laboratories, relevant educational resources, and linkages with the relevant
disciplinal and professional sectors, to allow students to explore basic, advance, and
even cutting edge knowledge in a wide range of disciplines or professions;

e. Active and ongoing linkages and affiliation with other research institutions in various
parts of the world that would ensure that the research activities of the university are
functioning at current global standards; and

£. Outreach activities that allow the students, faculty, and research staff to apply the
new knowledge they generate to address specific social development problems broadly
defined.

The institution shall retain its status prior to the effectivity of this Act, until it is able to
comply with the requirements provided herein.

Section 23. Parity Clause. - All other powers, functions and privileges, responsibilities
and limitations to state Universities and their officials under existing laws shall be
deemed granted to or imposed upon the University and its officials, whenever
appropriate.

Section 24. Appropriations. - The amount necessary to carry out the provisions of this
Act shall be charged against the current year’s appropriations of BASSC. Thereafter,
such sums as may be necessary for the continued operation and maintenance of the
University shall be included in the annual General Appropriations Act.

Section 25. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the Board, in consultation with the CHED, shall formulate the
rules and regulations to fully implement the provisions of this Act.

Section 26. 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
thereby shall remain in full force and effect.

Section 27. Repealing Clause. - All laws, presidential decrees, executive orders, rules
and regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 28. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any newspaper of general circulation.

Approved.

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