AN ACT ESTABLISHING THE BICOL UNIVERSITY

Case Overview and Summary

Summary of Republic Act No. 5521

Establishment and Conversion
- Establishes the Bicol University as a body corporate in the Province of Albay, with a central site and administration office at Regan Barracks, Legaspi City and Municipality of Daraga. (Section 1)
- Converts the following schools into units of the University: Bicol Teachers College, Daraga Central Elementary School, Albay Provincial High School, Bicol Regional School of Arts and Trades, Roxas Memorial Agricultural School, and the School of Fisheries at Tabaco, Albay. (Section 2)

Purpose and Powers
- The University shall provide professional and technical training, advanced and specialized instruction in literature, philosophy, science, and arts, and promote scientific and technological research. (Section 3)
- The University has the general powers set forth in Section 13 of Act No. 1459, as amended, vested in the Board of Regents and the President. (Section 4a)
- The University has the power to acquire public lands for expansion and beneficial use. (Section 4b)
- The University's College of Engineering is authorized to undertake the construction of its buildings and other permanent improvements, with funds included in the Annual General Appropriations Act. (Section 4c)

Governing Board
- The government of the University is vested in a Board of Regents composed of 9 members: 6 regular members and 3 ex-officio members. (Section 5)
- The regular members are appointed by the President of the Philippines with the consent of the Commission on Appointments, serving 4-year terms. (Section 5)
- The ex-officio members are the Secretary of Education (Chairman), the Chairman of the Senate Committee on Finance, and the Chairman of the House Committee on Appropriations. (Section 5)
- Regular members receive a per diem of ₱100 per board meeting attended, up to ₱300 per month, and reimbursement for necessary expenses. (Section 5)

Powers and Duties of the Board of Regents
- Determine and fix the dates and times of regular and special meetings, not more than 3 times in any one month, nor less than once in any one quarter. (Section 6a)
- Recommend the President of the University for appointment by the President of the Philippines with the consent of the Commission on Appointments, serving a 9-year term. (Section 6b)
- Fix the compensation of the President of the University and empower him to sit as an ex-officio member of the Board without voting rights. (Section 6c)
- Receive and appropriate funds provided by law for the support of the University. (Section 6d)
- Establish colleges and schools as deemed necessary, including initially converting the existing schools into appropriate units of the University. (Section 6e)
- Receive and administer legacies, gifts, and donations of real and personal property for the benefit of the University or its students, exempt from income tax and import duty. (Section 6f)
- Appoint, fix compensation, grant leave, and remove professors, instructors, lecturers, and other employees, and extend their tenure beyond age 65 but not beyond 70, upon recommendation of the President. (Section 6g)
- Approve courses of study, rules of discipline, tuition fees, and other fees, and utilize the income for the maintenance of the University. (Section 6h)
- Provide fellowships and scholarships to students showing special merit. (Section 6i)
- Establish chairs in the colleges and provide for their maintenance or endowment, as well as other academic positions as needed. (Section 6j)
- Confer honorary degrees upon persons other than graduates in recognition of learning, statesmanship, or eminence in literature, science, or arts, but not in consideration of payment. (Section 6k)
- File a detailed report with the President of the Philippines on the progress, conditions, and needs of the University by September 15 of each year. (Section 6l)

Administration
- The administration of the University is vested in the President, who shall render full-time service. (Section 8)
- The President is assisted by three Vice-Presidents: Executive Vice-President, Vice-President for Academic Affairs, and Vice-President for External Affairs, appointed by the Board upon the President's recommendation. (Section 8)
- The President has the power to recommend appointments of Vice-Presidents, deans, professors, instructors, lecturers, and other employees to the Board, and to promulgate ordinances and regulations for the University's government. (Section 9)

University Council and Faculty
- There is a University Council consisting of the President and all faculty members holding the rank of dean, professor, associate professor, and assistant professor. (Section 11)
- The Council has the power to prescribe courses of study and rules of discipline, subject to approval by the Board, as well as fix requirements for admission, graduation, and conferment of degrees. (Section 11)
- The Council has disciplinary powers over students within the limits prescribed by the rules of discipline approved by the Board. (Section 11)
- The body of professors and instructors of each college constitutes its faculty, with a dean elected by the Board on nomination by the President as the presiding officer. (Section 12)
- No religious or political tests shall be required for appointment, and no sectarian tenets or political influence shall be inculcated, under penalty of dismissal. (Section 12)
- The University shall enjoy academic freedom. (Section 12)

Civil Service and Appointments
- The President, Vice-Presidents, deans, professors, other regular instructors, and employees are exempt from civil service examination or regulation as a requisite to appointment, except for classified employees in the offices of the Comptroller and the Auditor General's representative. (Section 13)
- All personnel are entitled to the privileges and rights of security of tenure, promotion, salaries, leaves, and retirement benefits as in the government service. (Section 13)

Comptroller and Auditor
- There is a Comptroller of the University appointed by the President of the Philippines with the consent of the Commission on Appointments, with the civil service qualification and rank of a provincial treasurer. (Section 14)
- The Comptroller has the power to appoint subordinates who must be civil service eligibles, with the size of the staff and compensations determined by the Board. (Section 14)
- The Auditor General of the Philippines is the ex-officio auditor of the University and shall designate a representative with the civil service qualification and rank of a provincial auditor. (Section 15)
- The Auditor's representative has the power to appoint subordinates who must be civil service eligibles, with the size of the staff and compensations determined by the Board. (Section 15)

Loans, Transfers, and Details
- Heads of National Government bureaus and offices are authorized to loan or transfer apparatus or supplies needed by the University and to detail employees for duty therein when they can be spared without serious detriment to public service. (Section 16)
- Detailed employees shall perform duties required under the detail, and the time employed shall count as part of their regular service. (Section 16)

Board of Visitors
- The President of the Philippines, the President of the Senate, the Speaker of the House of Representatives, and the Senators and Congressmen from the Bicol Region constitute a Board of Visitors of the University. (Section 17)
- The Board of Visitors shall attend commencement exercises, make visits, examine the property, course of study, discipline, state of finances, inspect books and accounts, and make reports with recommendations to the President of the Philippines. (Section 17)

Abolition and Transfers
- The Bicol Teachers College, Daraga Central Elementary School, Albay Provincial High School, Bicol Regional School of Arts and Trades, Roxas Memorial Agricultural School, and the School of Fisheries at Tabaco, Albay are abolished. (Section 18)
- All personnel, unexpended appropriations, and assets (fixed and movable) of the abolished schools are transferred to the Bicol University. (Section 18)

Appropriations
- ₱1,000,000 is appropriated from the National Treasury to be expended by the Board for the establishment and operation of the University. (Section 19)
- Unexpended balances in the appropriations for the schools incorporated into the University shall be added to the ₱1,000,000. (Section 19)
- Funds for the maintenance of the University shall be included in the annual General Appropriations Act of the National Government, with the total sum recommended by the Board. (Section 19)

Effectivity
- This Act shall take effect upon its approval. (Section 20)