AN ACT CONVERTING THE BATAAN POLYTECHNIC STATE COLLEGE IN THE PROVINCE OF BATAAN INTO A STATE UNIVERSITY TO BE KNOWN AS THE BATAAN PENINSULA STATE UNIVERSITY (BPSU)

Case Overview and Summary

Summary of Republic Act No. 9403

Conversion of Bataan Polytechnic State College into Bataan Peninsula State University (BPSU)
- Section 1: Converts Bataan Polytechnic State College, including its integrated campuses (Bataan Community Colleges in Balanga City and Bataan National School for Filipino Craftsmen in Orani), into Bataan Peninsula State University (BPSU), integrating Bataan State College in Dinalupihan.
- The main campus shall be in Balanga City.

General Mandate
- Section 2: BPSU shall provide advanced instruction and training in education, engineering, science and technology, arts and humanities, computer and forestry, and other relevant fields.
- It shall undertake research, extension services, and production activities to support socioeconomic development of Bataan.

Curricular Offerings
- Section 3: BPSU shall offer undergraduate and graduate courses in its areas of specialization to meet the needs of Bataan and Region III.
- Existing high schools shall be transferred to DepEd, but may remain on campus until students complete their education.
- BPSU may operate a laboratory school if it has a College of Education.

Administration and Governing Board
- Section 4: BPSU shall have general corporate powers under the Corporation Code.
- Section 5: The governing board shall be the Board of Regents, composed of specified members from government agencies, faculty, students, alumni, and private sector.

Powers and Duties of Board of Regents
- Section 7: The Board shall have various powers and duties, including:
- Promulgating policies and rules (7a)
- Receiving and appropriating funds (7b)
- Importing duty-free books and publications (7c)
- Receiving donations and administering them (7d)
- Fixing tuition fees and other charges (7e)
- Adopting a socialized tuition scheme (7f)
- Authorizing construction, repairs, and acquisitions (7g)
- Appointing officials and employees (7h)
- Fixing salaries and granting leaves (7i)
- Approving curricula and rules of discipline (7j)
- Setting admission and graduation policies (7k)
- Awarding honorary degrees and certificates (7l)
- Establishing and absorbing non-chartered institutions as branches (7m)
- Establishing research and extension centers (7n)
- Establishing professorial chairs and providing fellowships/scholarships (7o)
- Delegating powers to the president (7p)
- Authorizing external management audits (7q)
- Collaborating with other governing boards for restructuring (7r)
- Entering joint ventures for development (7s)
- Developing consortia and linkages (7t)
- Developing academic arrangements for capability building (7u)
- Setting up innovative modes of knowledge transmission (7v)
- Establishing guidelines for participative decision-making (7w)
- Privatizing non-academic services (7x)
- Extending the president's term beyond retirement age but not beyond 70 years old, if performance is outstanding (7y)

Meetings of the Board
- Section 8: The Board shall convene at least once every quarter, with provisions for quorum and representation.

The University President
- Section 9: The University shall be headed by a president appointed by the Board for a 4-year term, eligible for reappointment.
- The incumbent president of Bataan Polytechnic State College shall serve as the first president if qualified.

Heads of University Campuses
- Section 10: Campus directors shall head the campuses and be appointed by the Board, with incumbent college administrators serving as campus directors.

Administrative and Academic Councils
- Section 11: An Administrative Council shall review and recommend policies on administration, management, and development planning.
- Section 12: An Academic Council shall review and recommend curricular offerings, rules of discipline, admission and graduation requirements, and academic policies.

Secretary and Treasurer of the University
- Section 13: The Board shall appoint a Secretary to keep records and proceedings.
- Section 14: The Treasurer of the Philippines shall be the ex officio treasurer of the University.

Faculty and Scholarship Program
- Section 15: Faculty appointments shall not discriminate based on political beliefs, gender, culture, ethnicity, or religion.
- Section 16: BPSU shall provide a scholarship program and affirmative action programs to assist poor but deserving students.

Academic Freedom and Institutional Autonomy
- Section 17: BPSU shall enjoy academic freedom and institutional autonomy.

Authority to Loan/Transfer Equipment and Detail Personnel
- Section 18: Government bureaus and offices are authorized to loan or transfer equipment and detail employees for duty at BPSU.

Assets, Liabilities, and Personnel
- Section 19: All assets, personnel, records, liabilities, and obligations of the integrated colleges shall be transferred to BPSU.
- Government lands occupied by the integrated colleges shall be titled under BPSU.

Appropriations
- Section 20: Initial implementation shall be charged against the current year's appropriations of the integrated colleges.
- Thereafter, funding shall be included in the annual General Appropriations Act.
- LGUs shall continue providing assistance corresponding to the funding given to the integrated colleges until their funding is included in the General Appropriations Act.

Development Plan, Management Audit, and Organizational Structure
- Section 21: Within 120 days, BPSU shall:
- Submit a 5-year development plan and program budget to CHED (21a)
- Undergo a management audit in cooperation with CHED (21b)
- Set up its organizational, administrative, and academic structure, including appointment of key officials (21c)

Filing of Report
- Section 22: The Board shall file a detailed report on the progress, conditions, and needs of BPSU with the Office of the President and Congress annually.

Suppletory Application and Parity Clause
- Section 23: The Higher Education Modernization Act of 1997 shall be an integral part of this Act.
- Section 24: All powers, functions, privileges, responsibilities, and limitations of state universities and their officials under existing laws shall be granted to or imposed upon BPSU and its officials.

Implementing Rules and Regulations
- Section 25: The Board, in consultation with CHED, shall formulate guidelines to implement this Act.

Separability Clause and Repealing Clause
- Section 26: If any part of this Act is declared invalid, the remaining parts shall remain in full force.
- Section 27: All laws contrary to or inconsistent with this Act are repealed or modified accordingly.

Effectivity
- Section 28: This Act shall take effect 15 days after publication in two newspapers of general circulation.