AN ACT CONVERTING THE CENTRAL VISAYAS STATE COLLEGE OF AGRICULTURE

Case Overview and Summary

Summary of Republic Act No. 9722

Conversion of Central Visayas State College of Agriculture, Forestry and Technology (CVSCAFT) to Bohol Island State University (BISU):
- CVSCAFT, its units and satellite campuses in Tagbilaran City and municipalities of Bilar, Candijay, Clarin, Calape and Balilihan in Bohol Province are converted into BISU, a state university. (Section 1)
- Main campus of BISU shall be in Tagbilaran City. (Section 1)

General Mandate:
- BISU shall provide advanced education, professional and technological instruction in allied medicine, education, engineering, agriculture, fisheries, environment, arts and science, accountancy, cooperative, business and entrepreneurship, technology and other relevant fields. (Section 2)
- BISU shall undertake research and extension services, and provide progressive leadership in its areas of specialization. (Section 2)

Curricular Offerings:
- BISU shall offer undergraduate and graduate courses in allied medicine, education, engineering, agriculture, fisheries, environment, arts and sciences, accountancy, cooperative, business and entrepreneurship, technology, and other degrees/courses within its areas of specialization and capabilities, as approved by the Board of Regents and the Commission on Higher Education (CHED). (Section 3)
- Existing high schools shall be transferred to the Department of Education (DepED), but students currently enrolled shall be allowed to complete their high school education within the campus. BISU may operate a reasonably-sized laboratory school if it has a College of Education. (Section 3)

Administration:
- BISU shall have the general powers of a corporation set forth in the Corporation Code of the Philippines. (Section 4)
- Administration of BISU and exercise of its corporate powers shall be vested in the Board of Regents and the President of the University. (Section 4)

Board of Regents:
- The governing board of BISU shall be the Board of Regents, composed of: (Section 5)
- Chairperson of CHED (Chairperson)
- President of BISU (Vice Chairperson)
- Chairpersons of the Senate Committee on Education, Arts and Culture and House Committee on Higher and Technical Education
- Regional Directors of National Economic and Development Authority (NEDA), Department of Science and Technology (DOST), and Department of Agriculture (DA)
- Presidents of the faculty association, student council, and alumni association of BISU
- Two prominent citizens from the private sector appointed by the Board
- 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 the policies, standards and thrusts of CHED. (Section 6)
- The Board shall have specific powers and duties related to promulgating rules and regulations, receiving and appropriating funds, importing duty-free books and publications, receiving donations and legacies, fixing tuition fees and other charges, adopting a socialized tuition scheme, authorizing construction and repair of facilities, appointing officials and employees, approving curricula and rules of discipline, setting admission and graduation policies, awarding honorary degrees, establishing branches and extension centers, establishing research and extension centers, establishing professorial chairs and fellowships, delegating powers, authorizing external management audit, collaborating with other state universities and colleges, entering into joint ventures, developing consortia and linkages, adopting modern modes of knowledge transmission, setting policy guidelines for participative decision-making, privatizing non-academic services, and extending the term of the President beyond retirement age under certain conditions. (Section 7)

Meetings of the Board:
- The Board shall convene at least once every quarter, with the Chairperson able to call a maximum of two special meetings with three days' prior written notice. (Section 8)
- A quorum shall consist of a majority of all members holding office at the time of the meeting, with the Chairperson of CHED or the President of BISU present. (Section 8)
- Members of the Board shall not receive salary but shall be entitled to reimbursements for actual necessary expenses. (Section 8)

The University President:
- BISU shall be headed by the President, who shall render full-time service and be appointed by the Board for a term of four years, eligible for reappointment for another term. (Section 9)
- The incumbent President of CVSCAFT, if qualified, shall serve as the first President of BISU to effect a smooth transition. (Section 9)
- The President shall be assisted by Vice Presidents appointed by the Board upon recommendation of the President. (Section 9)

Heads of University Campuses:
- Campus Directors shall head the University campuses and render full-time service. (Section 10)
- They shall be appointed by the Board upon recommendation of the search committee and the University President. (Section 10)
- Incumbent college administrators of the extension/satellite campuses shall serve as Campus Directors of their respective campuses. (Section 10)

Administrative Council and Academic Council:
- There shall be an Administrative Council consisting of the President, Vice Presidents, deans, directors and other officials to review and recommend policies governing administration, management and development planning of BISU. (Section 11)
- There shall be an Academic Council composed of the President and all academic staff with the rank of at least an assistant professor to review and recommend curricular offerings, rules of discipline, admission and graduation requirements, and formulate academic policies and rules on discipline. (Section 12)

Secretary and Treasurer of the University:
- The Board shall appoint a Secretary to keep all records and proceedings of the Board and serve as Secretary for both the Board and BISU. (Section 13)
- The Treasurer of the Philippines shall be the ex officio treasurer of BISU. (Section 14)

The Faculty:
- No political beliefs, gender preference, cultural or community affiliation, ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members, subject to the guidelines, qualifications and standards set by the Board. No faculty member shall teach for or against any particular church or religious sect. (Section 15)

Scholarship Program and Admission:
- BISU shall provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission. (Section 16)
- No student shall be denied admission by reason of sex, religion, cultural or community affiliation or ethnic origin. (Section 16)

Academic Freedom and Institutional Autonomy:
- BISU shall enjoy academic freedom and institutional autonomy, pursuant to the Constitution. (Section 17)

Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail Personnel:
- Heads of bureaus and offices of the national government are authorized to loan or transfer apparatus, equipment or supplies as needed by BISU, and to detail employees for duty therein when such can be spared without serious detriment to public service. (Section 18)
- Detailed employees shall perform duties required by the President of BISU, and the time employed shall be counted as part of their regular services. (Section 18)

Assets, Liabilities and Personnel:
- All assets, real and personal, personnel and records of CVSCAFT, its units and satellite campuses, as well as liabilities or obligations, are transferred to BISU. (Section 19)
- Positions, rights and security of tenure of faculty members and personnel employed under existing laws prior to the conversion shall be respected. (Section 19)
- All parcels of land belonging to the government and occupied by CVSCAFT, its units and satellite campuses are declared property of BISU and shall be titled under that name. If BISU ceases to exist or the land is no longer needed, it shall revert to the concerned local government units. (Section 19)

Appropriations:
- The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of CVSCAFT, including its units and satellite campuses, except the sums needed to continue the operations of the existing high schools. (Section 20)
- Thereafter, sums necessary for the continued operation and maintenance of BISU shall be included in the annual General Appropriations Act. (Section 20)

Development Plan, Management Audit, Organizational/Administrative/Academic Structure:
- Within 120 days after the approval of this Act, BISU shall: (Section 21)
- Submit a five-year development plan, including its corresponding program budget, to CHED for recommendation to the Department of Budget and Management (DBM).
- Undergo a management audit in cooperation with CHED.
- Set up its organizational, administrative, as well as academic structure, including the appointment of key officials.

CHED Monitoring and Evaluation:
- CHED shall conduct regular monitoring and evaluation to determine continuing compliance with the requirements on University status. (Section 22)
- If CHED finds that BISU does not maintain compliance, it shall submit the appropriate recommendation for the revocation of the University status to the Senate Committee on Education, Arts and Culture, and the House Committee on Higher and Technical Education. (Section 22)

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 a detailed report on the progress, conditions and needs of BISU with the Office of the President of the Philippines through the Chairperson of CHED, and with both Houses of Congress. (Section 23)

Suppletory Application and Parity Clause:
- The provisions of the Higher Education Modernization Act of 1997 (Republic Act No. 8292) shall be an integral part of this Act and shall serve as part of the Governing Charter of BISU. (Section 24)
- 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 BISU and/or its officials whenever appropriate. (Section 25)

Implementing Rules and Regulations:
- The Board, in consultation with CHED, shall formulate the guidelines to fully implement the provisions of this Act. (Section 26)

Separability Clause and Repealing Clause:
- If any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect. (Section 27)
- 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 days after its publication in two newspapers of general circulation. (Section 29)