AN ACT SEPARATING THE CAMARINES SUR POLYTECHNIC COLLEGE – NAGA CITY CAMPUS (FORMERLY BICOL COLLEGE OF ARTS AND TRADES) IN THE CITY OF NAGA

Republic Act No. 10231

Summary of Republic Act No. 10231

Separation/Conversion
• The Camarines Sur Polytechnic College – Naga City Campus (formerly Bicol College of Arts and Trades) is separated from the Camarines Sur Polytechnic College in Nabua, Camarines Sur and converted into a state college known as the Bicol State College of Applied Sciences and Technology (BISCAST). (Section 1)

General Mandate
• BISCAST shall primarily provide advanced education, higher technological, professional and vocational instruction and training in sciences, arts, education, entrepreneurship, engineering and related courses. (Section 2)
• It shall undertake research and extension services and provide progressive leadership in its areas of specialization. (Section 2)

Academic Freedom and Institutional Autonomy
• BISCAST shall enjoy academic freedom and institutional autonomy. (Section 3)

Curricular Offerings
• BISCAST shall offer undergraduate and graduate studies in industrial technology, arts and sciences, architecture, non-traditional courses and other degrees within its areas of specialization. (Section 4)
• The existing high school shall be transferred to the Department of Education (DepED), but allowed to remain within the campus until existing students complete their high school education. (Section 4)
• BISCAST may operate a reasonably-sized laboratory school if it has an Institute of Education. (Section 4)
• The existing graduate school shall become part of the Institute of Education. (Section 4)

Administration
• The administration and exercise of corporate powers shall be vested in the Board of Trustees and the President. (Section 5)

The Governing Board (Board of Trustees)
• The governing board shall be the Board of Trustees, composed of: (Section 6)
- Chairperson of the Commission on Higher Education (CHED), Chairperson
- President of BISCAST, Vice Chairperson
- Chairpersons of the Senate and House Committees on Education
- Regional Directors of NEDA and DOST
- Presidents of faculty association, student council, and alumni association
- Two prominent citizens from the private sector
• The two prominent citizens shall serve for a term of two (2) years. (Section 6)

Powers and Duties of the Board of Trustees
• The Board shall have general powers of administration and exercise powers granted to corporation boards under existing laws. (Section 7)
• It shall promulgate policies in accordance with State policies on education, agriculture, science and technology, and CHED policies. (Section 7(a))
• It shall promulgate rules and regulations to carry out BISCAST's purposes and functions. (Section 7(b))
• It shall receive and appropriate funds for BISCAST's support. (Section 7(c))
• It may import economic, technical and cultural books and publications. (Section 7(d))
• It may receive and administer legacies, gifts and donations. (Section 7(e))
• It shall fix tuition fees and other necessary school charges after consultations. (Section 7(f))
• It shall adopt and implement a socialized tuition scheme for greater access to poor but deserving students. (Section 7(g))
• It shall authorize construction, repair of buildings, machinery, equipment and purchase of properties. (Section 7(h))
• It shall appoint Vice Presidents, deans, faculty members and other officials and employees upon the President's recommendation. (Section 7(i))
• It shall fix and adjust salaries of faculty and employees, grant leaves of absence, and remove them for cause. (Section 7(j))
• It shall approve curricula, instructional programs and rules of discipline. (Section 7(k))
• It shall set policies on admission and graduation of students. (Section 7(l))
• It may award honorary degrees and authorize certificates of completion. (Section 7(m))
• It may establish and absorb non-chartered tertiary institutions as branches and centers. (Section 7(n))
• It may establish research and extension centers. (Section 7(o))
• It may establish professorial chairs and provide fellowships and scholarships. (Section 7(p))
• It may delegate powers and duties to the President or other officials. (Section 7(q))
• It may authorize an external management audit financed by CHED. (Section 7(r))
• It may collaborate with other state universities and colleges for restructuring. (Section 7(s))
• It may enter into joint ventures for profitable development and management of economic assets. (Section 7(t))
• It may develop consortia and linkages with LGUs, institutions and agencies. (Section 7(u))
• It may develop academic arrangements for capability building. (Section 7(v))
• It may adopt modern modes of knowledge transmission like IT, dual learning system, open learning, etc. (Section 7(w))
• It shall establish policy guidelines for participative decision-making and transparency. (Section 7(x))
• It may privatize management of non-academic services. (Section 7(y))
• It may extend the President's term beyond retirement age but not beyond 70 years old if performance is outstanding. (Section 7(z))

Meetings of the Board
• The Board shall regularly convene once every three (3) months. (Section 8)
• The Chairperson may call a maximum of two (2) special meetings within the same period with three (3) days' prior written notice. (Section 8)
• A quorum shall consist of majority of all members, with the CHED Chairperson or BISCAST President present. (Section 8)

The College President
• BISCAST shall be headed by a President who shall render full-time service and be appointed by the Board. (Section 9)
• The President shall have a term of four (4) years and shall be eligible for reappointment for another term. (Section 9)
• The CHED Chairperson shall appoint an Officer-in-Charge pending the first President's appointment. (Section 9)
• The Board shall designate an Officer-in-Charge in case of vacancy in the Office of the President. (Section 9)
• The President's salary shall be in accordance with the Revised Compensation and Position Classification System. (Section 9)

The Secretary and Treasurer
• The Board shall appoint a Secretary who shall serve as Secretary for both the Board and BISCAST. (Section 10)
• The Treasurer of the Philippines shall be the ex officio treasurer of BISCAST. (Section 11)

The Administrative Council and Academic Council
• There shall be an Administrative Council headed by the President to review and recommend policies on administration, management and development planning. (Section 12)
• There shall be an Academic Council headed by the President to review and recommend curricular offerings, rules of discipline, admission and graduation requirements. (Section 13)

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 faculty appointment, subject to Board guidelines. (Section 14)
• No faculty member shall teach for or against any particular church or religious sect. (Section 14)

Scholarship Program/Admission
• BISCAST shall provide a scholarship program and affirmative action programs to assist poor but deserving students. (Section 15)
• No student shall be denied admission due to sex, religion, cultural or community affiliation or ethnic origin. (Section 15)

Authority to Loan/Transfer Equipment and Detail Personnel
• Heads of national government bureaus and offices are authorized to loan or transfer apparatus, equipment or supplies as needed by BISCAST. (Section 16)
• They are also authorized to detail employees for duty in BISCAST. (Section 16)

Assets, Liabilities and Personnel
• All assets, real and personal, personnel, records, liabilities and obligations of the former Camarines Sur Polytechnic College – Naga City Campus are transferred to BISCAST. (Section 17)
• Positions, rights and tenure of faculty and personnel shall be respected. (Section 17)
• Specific parcels of land occupied by the former campus shall be titled under BISCAST's name. (Section 17)

Tax Exemption on Importation and Donations
• Importation of economic, technical and cultural books and publications by BISCAST shall be exempt from customs duties. (Section 18)
• All donations to BISCAST shall be exempt from donor's tax and considered allowable deduction from income tax. (Section 18)

Appropriations
• The amount necessary to implement this Act shall be charged against the current year's appropriations of the former Camarines Sur Polytechnic College – Naga City Campus, except for the high school operation. (Section 19)
• Thereafter, sums necessary for BISCAST's operation and maintenance shall be included in the annual General Appropriations Act. (Section 19)

Development Plan, Management Audit, Organizational Structure
• Within 120 days, BISCAST shall: (Section 20)
- Submit a 5-year development plan with program budget to CHED
- Undergo a management audit in cooperation with CHED
- Set up its organizational, administrative and academic structure, including appointment of key officials

Filing of Report
• On or before the 15th day of the 2nd month after opening of regular classes each year, the Board shall file a detailed report on BISCAST's progress, conditions and needs to the Office of the President and Congress. (Section 21)

Suppletory Application
• The provisions of Republic Act No. 8292 (Higher Education Modernization Act of 1997) shall form part of BISCAST's Governing Charter. (Section 22)

Parity Clause
• All other powers, functions, privileges, responsibilities and limitations to state colleges and their officials under existing laws shall be granted to or imposed upon BISCAST and its officials. (Section 23)

Implementing Rules and Regulations
• The Board, in consultation with CHED, shall formulate guidelines to fully implement this Act. (Section 24)

Separability Clause
• If any part of this Act is declared invalid or unconstitutional, the remaining parts not affected shall remain in full force and effect. (Section 25)

Repealing Clause
• All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with this Act are repealed or modified accordingly. (Section 26)

Effectivity
• This Act shall take effect 15 days after its publication in two newspapers of general circulation. (Section 27)