AN ACT DECLARING THE BATANGAS STATE UNIVERSITY AS THE NATIONAL ENGINEERING UNIVERSITY AND APPROPRIATING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11694, April 11, 2022 ]

AN ACT DECLARING THE BATANGAS STATE UNIVERSITY AS THE NATIONAL ENGINEERING UNIVERSITY AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Short Title. – This Act shall be known as the "Revised Batangas State University Charter".

Section 2. Declaration of Policy. – The State shall promote quality education that is accessible and relevant to the changing  needs of the people and society. It shall also strengthen the curricula of the various engineering fields of study consistent with standards set by the world's leading institutions of learning.

To this end, the Batangas State University (BatStateU) is hereby declared as the national engineering university.

Section 3. Purpose of the BatStateU. - As the national engineering university committed to develop leaders in the global knowledge economy, the BatStateU shall:

Section 4. The University. - The BatStateU shall be composed of both constituent and extension campuses established by its governing board upon the recommendation of its President.

The constituent campuses of the BatStateU shall include the following: BatStateU-Pablo Borbon; BatStateU-Alangulan; BatStateU-Apolinario R. Apacible School of Fisheries (ARASOF)-Nasugbu; BatStateU-JPLPC-Malvar; BatStateU-Lipa, and those that may be created in the future.

The extension campuses of the BatStateU shall include the following: Lobo Campus, Mabini Campus, Balayan Campus, Rosario Campus, Lemery Campus, San Juan Campus, and those that may be created in the future.

Section 5. Academic Freedom. - The BatStateU shall enjoy academic freedom as provided for in Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997", and paragraph 2, Section 5 of Article XIV of the Constitution.

Section 6. Commitment to National Development. - The BatStateU shall harness the expertise of the members of its community and other individuals in relations to the country's quest for national development in the primary areas of engineering, science, and technology, for wealth creation, improvement of the quality of life, real economic growth, and transformation of the society.

The members of the university community with profound scientific and professional knowledge shall contribute to or take a solicited involvement in the public policy process.

As the national engineering university, it shall ensure the following:

Section 7. Social Responsibility. - The BatStateU shall continue to serve the Filipino nation and humanity. While it carries out the obligation to pursue universal principles, it must relate its activities to the needs of the Filipino people and their aspirations for social progress and transformation. The BatStateU may provide venues for volunteerism.

Section 8. Democratic Access. - The BatStateU shall take affirmative steps which may take the form of an alternative and equitable admission process to enhance the access of disadvantaged students, such as indigenous peoples, persons with disabilities, and poor but deserving students like valedictorians and salutatorians of public schools and students from depressed area, to its programs and services.

No student shall be denied admission to the BatStateU by reason solely of age, gender, nationality, religious belief, economic status, ethnicity, physical disability, and political opinion or affiliation.

In recognition of the separation of Church and State, the BatStateU shall guarantee religious freedom and shall not discriminate on the basis of religion.

Section 9. Sports, Culture, and the Arts. - The BatStateU shall undertake and support comprehensive sports programs that promote physical education, uphold excellence, and encourage competitive participation in sports activities; instill school identity and solidarity; and cultivate pride, self-discipline, and teamwork. The BatStateU shall strengthen culture and the arts as a strategic national resources, and promote its importance to our identity, social well-being, and preserve the cultural heritage of the country.

Section 10. Institutional Autonomy. - As the national engineering university, the BatSateU shall be treated with greater flexibility. It shall determine its teaching, research, extension services thrusts, plans, policies, programs, and standards consistent with its purpose, and according to the national goals and priorities, which shall be approved by the Board of Regents.

Section 11. Administration. - The BatStateU shall have the general powers of a corporation set forth in Republic Act No. 11232, otherwise known as the "Revised Corporation Code of the Philippines". The administration of the BatStateU and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the President of the BatStateU.

There shall be a central administration headed by the BatStateU President, who shall provide leadership and overall strategic direction in the areas of academic excellence, research, extension services, infrastructure development, linkages and partnerships, and resource management designed to achieve its vision and mission.

The University President shall be assisted by the Vice Presidents who shall be designated by the Board of Regents upon the recommendation of the President of the University subject only to certain limitations and insofar as delegated by the President of the University and authorized by the Board of Regents.

The administration of the constituent campuses is vested in the Chancellor, who shall be designated by the Board of Regents, upon the recommendation of the President, subject only to certain limitations and insofar as delegated by the President of the BatStateU and authorized by the Board.

The Chancellor shall be assisted by the Vice Chancellors who shall likewise be designated by the Board of Regents, upon the recommendation of the President of the University, subject only to certain limitations and insofar as defined in the University Administrative Manual.

The administration of extension campuses shall be headed by the Campus Directors who shall be designated by the Board of Regents, upon the recommendation of the President, subject only to certain limitations and insofar as delegated by the President of the BatStateU and authorized by the Board.

Section 12. The Board of Regents. - The governing body of the BatStateU shall be the Board of Regents,  hereinafter referred to as the Board, which shall be chaired and cochaired by the Chairperson of the Commission on Higher Education (CHED) and the BatStateU President, respectively, and with the following as members:

The regents holding office as members of the Board at the time of the effectivity of this Act shall continue to serve until the expiration of their appointments.

The terms 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 associations shall be coterminous with their terms of office, as provided under their respective constitutions and bylaws.

For the purpose of this section, the association of faculty, alumni and student councils in each Constituent Campus shall organize themselves to form their respective federations, which in turn shall elect their federation officials: Provided, That the alumni representative to the Board must not be a faculty or an employee of the BatStateU, regardless of status or rank, at the time of representation.

The two (2) private sector representatives shall serve for a term of two (2) years, and may be reappointed only for another term.

In case of vacancy in the Office of the President, the officer-in-charge designated by the Board shall serve for the unexpired term only or until such time that a new President is elected.

Section 13. Compensation. - Members of the Board shall serve without compensation but shall be entitled to reimbursement of actual and necessary expenses incurred in attendance to the meetings of the Board and other official business authorized by the Board, subject to existing laws, rules and regulations.

Section 14. Meetings; Quorum. - The Board shall convene regularly. The Chairperson of the Board may call a special meeting whenever necessary: Provided, That members are notified in writing at least five (5) working days prior to the meeting: Provided, further, That the notice shall contain a brief description of the agenda items to be discussed.

A majority of all members of the Board holding office at the time of the meeting is called shall constitute a quorum for the Board meetings: Provided, That the Chairperson of the CHED who is the Chairperson of the Board or the President of the BatStateU is among those present in the meeting. In the absence of the Chairperson of the CHED, a CHED Commissioner duly designated by the CHED Chairperson  to the meeting, shall have all the rights and responsibilities of regular member: Provided, further, That during the meeting, the President of the BatStateU, as Vice Chairperson, shall be the presiding officer: Provided, finally, That the provision notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chairperson of the Board, in which case, the said CHED Commissioner shall act as the presiding officer.

In case the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the House Committee on Higher and Technical Education, as well as the Secretary of DOST, and the Director General of the NEDA, shall not be able to attend the Board meeting, they may designate their respective representatives to  the meeting: Provided, That the NEDA and the DOST shall be represented by their respective Regional Directors in the CALABARZON. The designees shall be entitled to voice and vote: Provided, further, That the members of the Board may exercise their right to vote through remote communication and in absentia, as provided for in Section 49 of Republic Act No. 11232.

Section 15. Powers and Duties of the Board. – The administration of the BatStateU and the exercise of its corporate powers are vested in the Board, which shall have the following specific powers and duties in addition to its general powers of administration and the exercise of all the powers granted to the board of directors of a corporation under Section 35 of Republic Act No. 11232;

Section 16. The President of the BatStateU. - The President of the BatStateU shall be its chief academic officer, head of the university, faculty and chief executive officer. As such, the President shall exercise the powers specifically provided for in this Act, those determined by the Board, those which pertain to the Office of the President and thos which are related or necessary to its functions.

The President of the BatStateU, who shall be elected by the Board upon recommendation of a duly constituted search committee, shall render full-time service.

The President of the BatStateU shall have a term of four (4) years, and may be reappointed to another term, upon recommendation of a duly constituted search committee.

In case of vacancy in the Office of the President by reason of death, resignation, removal for cause or incapacity of the President to perform the functions of the office, the Board shall designate an Officer-in-Charge of the BatStateU, pending the appointment of a new President. In no case shall the search and appointment of the next President be longer than ninety (90) calendar days from the date when the vacancy occurs. The newly appointed President shall serve a full term: Provided, That the designated officer-in-charge shall not be allowed to join as candidate in the search process.

The powers and duties of the President of the BatStateU, in addition to those specifically provided in this Act, shall be those usually pertaining to the Office of the President of universities and those delegated by the Board.

The salary of the President of the BatStateU shall be in accordance with Republic Act No. 11466, otherwise known as the “Salary Standardization Law of 2019,” and by such other laws amendatory thereto which may hereinafter be enacted, and on the joint circular for state universities and colleges leveling instrument and guidelines of the CHED and the DBM.

Section 17. The Secretary of the BatStatU and of the Board. - There shall be a Secretary of the BatStateU designated by the Board, who shall be also the Secretary of the Board, and who shall keep such records of the BatStateU.

Section 18. The Academic Council. - There shall be an Academic Council consisting of the President of the BatStateU as Chairperson, the Vice President for Academic Affairs as Vice Chairperson, and all faculty members of the BatStateU holding the rank of assistant professor and higher as members.

Section 19. Powers of the Academic Council. - The Academic Council shall be the highest academic body of the BatStateU and shall exercise the following powers:

Section 20. Administrative Council. – There shall be created in the BataStateU a university Administrative Council consisting of the President of the BatStateU as Chairperson, and the vice presidents, chancellors, vice chancellors, deans, associate deans, directors, assistant directors, and other officials of equal rank, as members. The President of the BatStateU as Chairperson thereof shall constitute the university administrative council.

Section 21. Duty of the Administrative Council. - The Administrative Council so formed and constituted shall review and recommend, in accordance with the direction of the Board, appropriate policies governing the administration, management and development planning of the BatStateU.

Section 22. Research Council. - There shall be created in the BatStateU a Research Council, which shall be composed of the President, as Chairperson; the Vice President for Research, Development and Extension Services, as Vice Chairperson; and with the Vice President for Academic Affairs, Vice President for Administration and Finance, Vice President for Development and External Affairs, Chancellors, Vice Chancellors for Research, Development and Extension Services, Director for Research, Director for Research Management Services, Director for STEER Hub, Director for Finance, Assistant Director for Research, Assistant Director for Research Management Services, and Head of established Research Centers, as members.

Section 23. Duty of the Research Council. - The Research Council so formed and constituted shall act as an advisory body to the President on matters relating to the setting of research directions, planning, fund sourcing and allocation, and the formulation and review of policies and guidelines pertaining to the Research Program of the BatStateU.

Section 24. Extension Service Council. - There shall be created in the BatStateU an Extension Services Council, which shall be composed of the President, as Chairperson; the Vice President for Research, Development and Extension Services, as Vice Chairperson; and with the Vice President for Academic Affairs, Vice President for Administration and Finance, Vice President for Development and External Affairs, Chancellors, Vice Chancellors for Research, Development and Extension Services, Director for Extension Services, Director for Finance, and Assistant Director for Extension Services, as members.

Section 25. Duty of the Extension Services Council. - The Extension Services Council so formed and constituted shall act as an advisory body to the President on matters of setting extension services direction, planning, fund sourcing and allocation, and in reviewing and recomending policies and guidelines pertaining to the Extension Services Programs of the BatStateU.

Section 26. The Chancellor of the Constituent Campus. - The administration of each constituent campus is vested in the Chancellor insofar as delegated by the President of the BatStateU and authorized by the Board. The Chancellor of the constituent campus shall be designated by the Board upon recommendation of the President of the BatStateU. The Chancellor shall report to the President of the BatStateU, and shall perform the duties and functions elsewhere stated in this Act, and all the usual, necessary, and related functions of the Office of the Chancellor subject to the policies and rules prescribed by the Board.

Section 27. The Faculty. - The teaching staff of each college shall constitute its faculty.The College Faculty shall be presided over by a Dean, who shall be designated by the Board upon recommendation of the President of the BatStateU.

No political belief, gender preference, cultural or community affiliation or ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the BatStateU: 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 or religious sect.

Section 28. Students Affairs. - There shall be established in the BatStateU the following student councils: for every college, a college student council; and for every constituent campus, a campus student council; and for the BatStateU, a federation of all student councils.

The university student council shall be composed of students from constituent campuses and their extension campuses elected to represent the studentry threat. The student council shall serve as the primary student body that shall advance the interests, welfare, and aspirations of the students of the BatStateU. It shall have the power to adopt internal rules of procedure consistent with the provisions of this Act.

Subject to due and comprehensive consultation with the students, there shall be a student publication established in every constituent campus to be funded by student fees. Freedom of expression and autonomy in all matters of editorial and fiscal policy shall be guaranteed especially in the selection of its editors and staff.

Section 29. Land Grants and Other Real Properties of the BatStateU. - The State may support the BatStateU as the national engineering university in the form of a lump sum amount in the annual General Appropriations Act and other financial benefits, and in kind, through land grants and donations and use of other real properties. To carry out the intent of theses grants, income derived from the development of all land grants and real properties shall be used to further the ends of the university, as may be setermined and decided by the Board.

Such parcels of land ceded by law, decree or presidential issuance to the BatStateU are hereby declared to be reserved for the purpose intended. The absolute ownership of the BatStateU over those landholdings, including those covered by original and transfer certificates of title in the name of the BatStateU and their future derivatives, is hereby confirmed. Where the issuance of proper certificates of title for those landholdings is yet pending, the appropriate government office may expedite the issuance thereof within six (6) months from the date of effectivity of this Act: Provided, That all registration requirements necessary for the issuance of the said titles have been submitted and complied with.

The Board may plan, design, approve and cause the implementation of land leases: Provided, That such mechanisms and arrangements shall sustain and protect the environment in accordance with law, and be exclusive of the academic core zone of the campuses of the BatStateU: Provided, further, That such mechanisms and arrangements shall not conflict with the academic mission of the BatStateU.

The Board may approve the implementation of the joint ventures: Provided, That in the event real properties of the BatStateU are involved, only the income derived by the BatStateU from the use of the real properties shall be subject of its participation or obligation in the joint ventures: Provided, further, That no joint venture shall result in the alienation of the real properties of the BatStateU.

Any plan to generate revenues and other sources from land grants and other real properties entrusted to the BatStateU shall be consistent with the academic mission and orientation of the university as well as protect it from undue influence and control of commercial interests: Provided, That such programs, projects or mechanisms shall be approved by the Board subject to a transparent and democratic process of consultation with the constituents of the BatStateU: Provided, further, That funds generated from such programs, projects or mechanisms shall not be meant to replace, in part or in whole, the annual appropriations provided by the national government to the BatStateU.

Section 30. Safeguards on Assets Disposition. - The preservation of the value of the assets of the BatStateU shall be of primordial consideration.

The sale of any existing real property of the BatStateU shall be prohibited: Provided, That the Board may alienate real property donated after the effectivity of this Act is the terms of the donation specifically allow it.

Notwithstanding the provision of this Act or any other law to the contrary, the lease of more than five (5) years of the assets of the BatStateU and any transactions referred to in this section shall be subject to the following conditions and procedures:

Section 31. Management of Funds. - There shall be an independent trust committee to be composed of the President of the BatStateU, as Chairperson, and with representatives from the BAP, IHAP, TOAP, and FINEX, as representatives, and who shall be entitled to a reasonable per diem, as the Board may specify.

The independent thrust committee shall recommend to the Board five (5) universal banks selected on a prudent basis. Trust departments shall manage the corporate and other funds through trust agreements of the BatStateU in a non-directed basis: Provided, That any such agreement shall be for a period of not more than two (2) years.

The independent trust committee shall provide the Board with the direction on appropriate investments with the view of preserving the value of funds while allowing the BatStateU to earn a reasonable return thereto.

Section 32. Tax Exemptions. - The provisions of any general or special law to the contrary notwithstanding:

Section 33. Reportorial Requirements and Auditing of Accounts. - The BatStateU shall submit an annual report to Congress containing the financial statements, statement of assets and liabilities, statement of income from tuition fees and other revenue sources. All accounts and disbursements of the BatStateU shall be audited by the Commission on Audit.

Section 34. Rules of Construction. - No statutory or other issuances shall diminish the powers, rights, privileges and benefits accorded to the BatStateU under this Act, or those enjoyed at present by virtue of other issuances not otherwise modified or repealed under this Act, unless subsequent legislation expressly provides for their repeal, amendment or modification. Any case of doubt in the interpretation of any of the provisions of this Charter shall be resolved in favor of the academic freedom and fiscal autonomy of the BatStateU.

Section 35. Appropriations. - The amount needed to carry out the implementation of this Act shall be charges against the current year's appropriations of the BatStateU and its other internal funds. Thereafter, the amount necessary to strengthen its capacity as the national engineering university shall be included in the annual General Appropriations Act.

Section 36. Development Plan and Organizational Structure. - Within one hundred twenty (120) days after the approval of this Act, the BatStateU shall accomplish the following:

Section 37. Transitory Provision. - To provide strategic direction and leadership as the BatStateU transitions to its pioneer status as the national engineering university, and to ensure the attainment of its distinctive and purposeful mandate as such, as declared and provided for in this Act, the incumbent President of the BatStateU shall serve a new term as it first President of the national engineering university, subject to one (1) reappointment: Provided, That such reappointment is pursuant to the guidelines stated in Section 11 of CHED Memorandum Order No. 16. Series of 2009.

Section 38. Separability Clause. - Should any provision herein be declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

Section 39. Repealing Clause. - Republic Act No. 9045, entitled "An Act Creating the Batangas State University (BSU) by Integrating the (1) Pablo Bornon Memorial Institute of Technology, Including its Branches in Barangay Alangilan, Batangas City, in the Municipalities of Balayan, Bauan, Lobo, San Pascual, Rosario, Taysan, Padre Garcia, Lemery, Calaca, Taal, Tanauan, San Juan and Lipa City, (2) Jose P. Laurel Polytechnic College in Malvar, (3) Apolinario R. Apacible School of Fisheries in Nasugbu, and (4) Polytechnic University of the Philippines Capus in Sto. Tomas, Appropriating Funds Therefor, and for Other Purposes", as amended by Republic Act No. 9472, and all laws, decrees, orders, rules and regulations or other issuances or parts inconsistent with the provisions of this Act are amended, repealed, or modified accordingly.

Section 40. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which was originated in the House of Representatives was passed by the House of Representatives on August 3, 2021, amended by the Senate of the Philippines on January 31, 2022, and which amendment was concurred in by the House of Representatives on February 2, 2022.

Approved: Lapsed into law on APR 11 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE
President of the Philippines