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18% Congress INDE

First Regular Session

HOUSE BILL No,_ 6302

Introduced by: HON. LORNA C. SILVERIO

EXPLANATORY NOTE

This bill seeks the conversion of the Bulacan Agricultural State College
including its satellite colleges in the Province of Bulacan into a State University to
be known as the Bulacan State Agricultural University (BSAU).

Bulacan Agricultural State College provides special programs in promoting
services in the field of research, extension and graduate studies for progressive
leadership in agriculture and allied disciplines. The BASC have the following
campuses: BASC Main in Barangay Pinaod, San Ildefonso; BASC Agriculture
Campus in Barangay Poblacion, San Ildefonso; BASC DRT Campus in Barangay
Pulong Sampaloc, Dona Remedios Trinidad; BASC-BTVC Campus at Barangay
Pulong Gubat, Balagtas;and BASC-FNHAS in Barangay Guyong, Sta. Maria, all
located in the Province of Bulacan.

BASC provides higher professional, technical instruction and training. It
caters to more than four thousand students from different parts of Bulacan and
nearby provinces. Its conversion into a State university will have greater impact in
the advancement of higher education and professional development of students in
agriculture and allied disciplines. Furthermore, it will greatly contribute as an
economic stimulus in the province.

This bill is consistent with the aagaes Fn andate of the State to
establish and maintain a complete, adequate, and |i E thea-éystem of education
relevant to the goals of national development.

In view of the foregoing, approval of this bill is earnestly sought.

TORSA C. SILVERIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" Congress
First Regular Session

6502
HOUSE BILL NO.

Introduced by: HON. LORNA C. SILVERIO

AN ACT CONVERTING THE BULACAN AGRICULTURAL STATE COLLEGE IN THE
PROVINCE OF BULACAN INTO A STATE UNIVERSITY TO BE KNOWN AS THE
BULACAN STATE AGRICULTURAL UNIVERSITY AND APPROPRIATING FUNDS.
THEREFOR

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

SECTION 1. Conversion.- The Bulacan Agricultural State College in the Province of Bulacan,
including its duly integrated campuses, namely: BASC Main in Barangay Pinaod, San Ildefonso;
BASC Agriculture Campus in Barangay Poblacion, San Ildefonso, BASC DRT Campus in
Barangay Pulong Sampaloc, Dona Remedios Trinidad; BASC-BTVC Campus at Barangay
Pulong Gubat, Balagtas;and BASC-FNHAS in Barangay Guyong, Sta. Maria, all located in the
Province of Bulacan is hereby converted into a State university to be known as the Bulacan State
Agricultural University (BSAU), hereinafter referred to as the University. The main campus of
the University shall be in Barangay Pinaod, San IIdefonso, Bulacan.

SECTION 2. General Mandate ~ The University shall be primarily providing advanced
instruction and professional training in agriculture, forestry, veterinary medicine, agricultural
engineering, geodetic engineering, fisheries, education, science and technology, arts, and
humanities, information and communication technology, and other relevant fields of study. It
shall also undertake research, extension services and production activities in supportof the socio-
economic development of Bulacan and provide progressive leadership in its areas of
specialization.

SECTION 3. Course Offerings - The University shall offer undergraduate and graduate
courses in the fields of agriculture, forestry, veterinary medicine, agricultural engineering,
geodetic engineering, fisheries, education, science and technology, arts and humanities,
information and communication technology, and other degree courses within its areas of
specialization and according to its capabilities, as the Board of Regents may deem necessary to
carry out its objectives and in order to meet the needs of the Province of Bulacan and the rest of
neighboring provinces in Region III.


The existing reasonably-sized laboratory high school shall continue to operate under the
control of the College of Education of the University to serve the in-campus requirements of the
students in the College of Education.

SECTION 4. Administration ~ The University shall have the general powers of a corporation
set forth in Batas Pambansa Blg. 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 5. The Governing Board - The Governing board of the University shall be the
Board of Regents, hereinafter referred to as the Board, which shall be composed of the
following:

A. The Chairperson of the Commission on Higher Education (CHED), as Chairpserson;

B. The President of the University, as Vice-Chairperson;

C. The Chairperson of the Committee on Education, Arts and Culture of the Senate, as
Member,

D. The Chairperson of the Committee on Higher and Technical Education of the House

of Representatives, as Member;

The Regional Director of the National Economic and Development Authority

(NEDA), as Member;

F. The Regional Director of the Department of Science and Technology (DOST), as
Member;

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

H. Two prominent citizens from the private sector who have distinguished themselves in
their profession or fields of specialization of the University, as Members.

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The Board shall appoint the two prominent citizens from among a list of at least five
persons qualified in the Province of Bulacan, 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 coterminus with their respective terms of office, as set forth in their
respective constitutions and bylaws.

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

SECTION 6. Promulgation and Implementation of Policies - The Board shall promulgate
and implement policies in accordance with the declared State policies on education and other
pertinent provisions of the Philippine Constitution on education, agriculture, science and
technology, as well as policies, standards and thrusts of CHED under Republic Act no. 7722,
otherwise known as the “Higher Education Act of 1994”.


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.

a. To promulgate and implement policies in accordance with the declared State policies
on education and other pertinent 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”;

b. To promulgate rules and regulations as may be necessary to carry out the purposes
and functions of the University;

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

d. To import economic, technical and cultural books and publications;

e. 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;

f. To 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 involved sectors. Such fees and charges, including
government subsidies and other income generated by the University, shall constitute a
special trust fund, and shall be deposited in any authorized government depository
bank, and all interests that shall accrue therefrom shall form part of the same funds
for the use of the University.

Any provision of existing law, rule or regulation 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, extension or
other programs/projects of the University: Provided, that all fiduciary fees shall be
disbursed for the specific purposes for 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;

g. To adopt and implement a socialized scheme of tuition and other school fees for
greater access of poor but deserving students.


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

To appoint, upon the recommendation of the President of the University, the Vice
Presidents, Deans, Directors, Heads of campuses, Faculty members and other officials
and employees of the University;

To fix and adjust salaries of Faculty members, Administrative officials and
employees, subject to the provisions of the Revised 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:

To approve the curricula, instructional programs, and rules of discipline drawn by the
Administrative and the Academic councils herein provided;

To set the policies on admission and graduation of students;

. 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 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;

To establish and absorb non-chartered tertiary institutions within the Province of
Bulacan as branches and extension center in coordination with the CHED and in
consultation with the Department of Budget and Management (DBM), and to offer
therein programs or courses to carry out the constitutional mandate of providing equal
access to educational opportunities;

. To establish research and extension centers to promote the development of the
University;

To establish professorial chairs in the University and to provide fellowships for
qualified faculty members, and scholarships to deserving students;

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

To authorize an external management audit of the University, to be financed by
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;

s. To collaborate with the governing Boards of the State Universities and Colleges
(SUCs) within the Province of Bulacan, under the supervision of the CHED and in
consultation with the DBM, and work towards restructuring of the University to
become more efficient, relevant, productive, and competitive;

t. To enter into joint ventures 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;

u, 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 purpose and objectives of the University;

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

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

x. To establish policy guidelines and procedures for participative
within the University;

ion making

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

z. To extend the term of the President beyond the age of retirement, but not beyond the
age of seventy (70) based on the guidelines, qualifications and standard acts by the
Board;Provided, that the President’s performance has been rated by the Board as
outstanding, and after a unanimous recommendation by the search committee

SECTION 8. Meetings of the Board — The Board shall regularly convene at least once every
quarter. However, the Chairperson of the Board may, upon three days prior to notice, call a
maximum of two special meetings whenever necessary.

The 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 are among those present in the meeting.


In the absence of the Chairperson of CHED, a Commissioner of CHED, duly designated
by him/her shall represent him/her in the meeting with all the rights and responsibilities of a
regular member: Provided, however, that during this meeting, the President of the University as
Vice Chairperson shall be the presiding officer: Provided, further, that this provision
notwithstanding, the Chairperson of CHED is hereby authorized to designate a CHED
Commissioner as a regular chair of the Board, in which case said CHED Commissioner shall act
as presiding officer,

In case the Chairpersons of the Congressional Committees on Education shall not be able
to attend the Board meeting, they may duly designate their respective representatives to attend
the said meeting, who shall 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 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. He/She shall be appointed by the Board, subject to guidelines,
qualifications and/or standards set by the Board, upon recommendation of a duly constituted
search committee. He/She shall have a term of four years and shall be eligible for re-appointment
for another term: Provided, that in order to effect a smooth transition to a State university, the
incumbent President of the Bulacan Agricultural State College, if the Board deems fit, shall serve
as the first University President.

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

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 the
conferment of degrees, subject to review and/or approval by the Board through the President of
the University. It shall have the disciplinary power over students of the University and shall
formulate academic policies, rules and regulations on discipline, subject to the approval of the
Board.

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 records and
proceedings of the Board. He/She shall serve upon each member of the Board the appropriate
notice of the Board meetings.


SECTION 11. The Treasurer of the University. The Tresurer of the University shall be the
ex-officio Treasurer of the University.

SECTION 12. 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 guidelines, qualifications and/or standards set by the Board: Provided, further, That no
member of the faculty shall teach for or against any particular church or religious sect.

SECTION 13. Scholarship Program/Admission.- 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.

No student shall be denied admission to the University by reason of sex, religion, cultural or
community affiliation or ethnic origin.

SECTION 14. Academic Freedom and Institutional Autonomy. — The University shall enjoy
academic freedom and institutional autonomy, pusuant to Paragraph 2, Section 5 of Article XIV
of the Philippine Constitution.

SECTION 15. 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 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, the judgment of the head of bureau or office, such apparatus, equipment, supplies
or services of such employees can be spared without serious detriment to the public service. The
employees so detailed shall perform such duties as required of them by the President of the
University, and the time so employed shall be counted as part of their regular services.

SECTION 16. Assets, Lial

ties and Personnel —

All assets, real, and personal, personnel and records of the Bulacan Agricultural State
College, and its duly integrated campuses; BASC Main in Barangay, Pinaod, San Ildefonso;
BASC Agriculture Campus in Barangay Poblacion, San Ildefonso, BASC-DRT Campus in
Barangay Pulong Sampaloc, Dona Remedios Trinidad; BASC-BTVC Campus in Barangay
Pulong Gubat, Balagtas; and BASC-FNHAS in Barangay Guyong, Sta. Maria, all located in the
Province of Bulacan; as well as the liabilities or 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 Bulacan Agricultural
State College in the BASC Main in Barangay Pinaod, San Ildefonso; BASC Agriculture Campus
in Barangay Poblacion, San Ildefonso; BASC-BTVC Campus in Barangay Pulong Gubat,
Balagtas; BASC-DRT Campus in Barangay Pulong Sampaloc, Dona Remedios Trinidad; and
BASC-FHNAS in Barangay Guyong, Sta. Maria all located in the Province of Bulacan are
hereby declared to be property of the University, and shall be titled under that 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 back to the LGU
concerned.

SECTION 17. Appropriations. - The amount necessary to carry out the initial implementation
of this Act shall be charged against the current year’s appropriations of the Bulacan Agricultural
State College, except the sums needed to continue the operations of the existing high schools.
Thereafter, the sums as may be necessary for the continued operation and maintenance of
Bulacan State Agricultural University shall be included in the annual General Appropriations
‘Act. The LGUs concerned shall continue to provide assistance to the University corresponding to
the funding given to the Bulacan Agricultural State College before the same are integrated into
the University are included in the annual General Appropriations Act.

SECTION 18. Development Plan, Management Audit,
Organizational/Administrative/Academic Structure —

Within the period of one hundred twenty (120) days after the approval of this Act, the
University shall accomplish the following:

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

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

c. Accordingly set up its organizational, administrative, as well as academic structure,
including the appointment of the University key officials.

SECTION 19. Filing of Report. ~ On or before the fifteenth day of the second month after the
opening of 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 20. 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 21. Parity Clause. - All other powers, functions and privileges, responsibilities and
limitations to State Universities and/or their officials under existing laws shall be deemed
granted to or imposed upon the University and/or its officials whenever appropriate.


SECTION 22. Implementing Rules and Regulations. ~ The Board, in consulation with CHED,
shall formulate the guidelines to fully implement the provisions of this Act.

SECTION 23. Separability Clause. — If, for any reason, any part of of provision of this Act
declared invalid or unconstitutional, the remaining parts or provisions shall remain in full force
and effect.

SECTION 24. Repealing Clause. —All laws, presidential decrees, executive orders, rules and
regulations contratry to or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly,

SECTION 25. Effectivity. - This Act shall take effect after fifteen (15) days after its publication
in the Official Gazette or in newspapers of general circulation.

Approved,

Merida, Mee