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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL Nt 1583

Introduced by HON. MUJIV S. HATAMAN of the Lone District of Basilan and
HON. AMIHILDA J. 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 If 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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, _1581

Introduced by HON. MUJIV S. HATAMAN of the Lone District of Basilan and
HON. AMIHILDA J. 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.


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;

|. The President of the Federation of Alumni Associations of the University,

Member; and

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

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The Board shall appoint the two (2) prominent citizens from among a list of at least
five (5) 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;

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

6. To set 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;


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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;

. To establish research and extension centers for instructional, research, and

community service purposes;

To establish professional 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 for hereinabove to the
President and/or other officials of the University as it may deem appropriate,
50 as to expedite the administration of the affairs of the University;

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;

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;

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;

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;

. 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;

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

In case 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 shail 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 (SCP). 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
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).

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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;

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

1. 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

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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;

¢. 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.;

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

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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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