Converting the Bicol State College of Applied Sciences and Technology in Naga, Camarines Sur into Southeast Asian University of Technology

Case Overview and Summary

Summary of Republic Act No. 11585

Conversion of BISCAST to Southeast Asian University of Technology
- The Bicol State College of Applied Sciences and Technology (BISCAST) in Naga City, Camarines Sur is converted into a state university called the Southeast Asian University of Technology. (Section 1)

General Mandate
- The University shall primarily provide advanced education, higher technological, professional, technical 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 leadership in its areas of specialization. (Section 2)

Curricular Offerings
- The University shall offer undergraduate and graduate courses in engineering, industrial technology, arts and sciences, architecture, non-traditional courses, and other relevant fields. (Section 3)
- It may operate a laboratory school offering short-term courses, whether on-site or online. (Section 3)

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

The Governing Board (Board of Regents)
- The governing body shall be the Board of Regents, chaired by the CHED Chairperson and co-chaired by the University President. (Section 5)
- The Board shall have representatives from the Senate, House of Representatives, NEDA, DOST, DA, TESDA, faculty, students, alumni, and two prominent citizens from the private sector. (Section 5)
- The Board shall appoint the two prominent citizens from a list recommended by a Search Committee. (Section 5)
- The Board shall have specific powers and duties outlined in Section 6, including promulgating policies, approving curricula, appointing officials, fixing salaries and fees, adopting a socialized tuition scheme, establishing professorial chairs and fellowships, receiving funds, awarding degrees, establishing research centers, developing academic arrangements, absorbing non-chartered institutions, authorizing audits, entering joint ventures, receiving donations, extending the President's term, delegating powers, privatizing non-academic services, and promulgating rules and regulations.

Meetings of the Board
- The Board shall convene once every three (3) months, with provisions for special meetings and quorum requirements. (Section 7)
- Members shall be entitled to reimbursements for actual and necessary expenses. (Section 7)

The University President
- The University shall be headed by a President appointed by the Board for a term of four (4) years, eligible for reappointment. (Section 8)
- The incumbent BISCAST President shall serve as the first University President for a transition period of two (2) years. (Section 8)
- The President's salary shall be in accordance with the Salary Standardization Law of 2019 and comparable to similar institutions. (Section 8)
- The President shall be assisted by Vice Presidents for Academic Affairs, Administration, and Research, Development and Extension. (Section 8)

Other Administrative Bodies
- There shall be a Secretary appointed by the Board to keep records and proceedings. (Section 9)
- The Treasurer of the Philippines shall be the ex officio Treasurer of the University. (Section 10)
- There shall be an Administrative Council to review and recommend policies on administration, management and development planning. (Section 11)
- There shall be an Academic Council to formulate academic policies, review curricular offerings, fix admission and graduation requirements, and exercise disciplinary power over students. (Section 12)

The Faculty
- Faculty members shall be appointed subject to the guidelines, qualifications and standards set by the Board, without discrimination based on political belief, gender, culture, ethnicity or religion. (Section 13)
- No faculty member shall teach for or against any particular church or religious sect. (Section 13)

Academic Freedom and Institutional Autonomy
- The University shall enjoy academic freedom and institutional autonomy pursuant to the Constitution. (Section 14)

Scholarship Programs and Admission
- The University shall provide scholarship and affirmative action programs to assist poor but deserving students. (Section 15)
- No student shall be denied admission based on gender, religion, culture, physical disability or ethnic origin. (Section 15)

Authority to Loan or Transfer Apparatus, Equipment and Personnel
- Heads of national government bureaus and offices are authorized to loan or transfer apparatus, equipment, supplies and detail employees for duty in the University, when such can be spared without detriment to public service. (Section 16)

Assets, Liabilities and Personnel
- All assets, personnel, records, liabilities and obligations of BISCAST shall be transferred to the University. (Section 17)
- The positions, rights and tenure of faculty and personnel shall be respected. (Section 17)
- The University shall upgrade or increase its human resource component as deemed appropriate by the Board. (Section 17)
- All government land occupied by BISCAST shall be titled under the University's name, but shall revert to the LGU or Republic if the University ceases to exist or no longer needs the land. (Section 17)

Tax Exemption on Importation and Donations
- Importation of economic, technical and cultural books or publications by the University shall be exempt from customs duties upon CHED certification. (Section 18)
- All grants, bequests, endowments, donations and contributions made to and used by the University shall be exempt from donor's tax and considered as allowable deduction from the donor's gross income. (Section 18)

Compliance with CHED Requirements
- The conversion to a state university shall become effective upon CHED's determination that the institution has complied with the requirements for university status based on CHED Memorandum Order No. 46, series of 2012. (Section 19)

Development Plan, Management Audit, and Organizational Structure
- Within 120 days after the approval of this Act, the University shall: (Section 20)
- Submit a five (5)-year development plan and program budget to CHED for recommendation to DBM.
- Set up its organizational, administrative, and academic structure, including appointment of key officials.
- Undergo a management audit in coordination with CHED.

Filing of Report
- On or before the fifteenth (15th) day of the second month after the opening of regular classes each year, the Board shall file a detailed report on the progress, condition and needs of the University with the Office of the President of the Philippines, through the CHED Chairperson, and with both Houses of Congress. (Section 21)

Suppletory Application
- The provisions of the Higher Education Modernization Act of 1997 (Republic Act No. 8292) shall form an integral part of this Act and serve as part of the governing charter of the University. (Section 22)

Parity Clause
- All other powers, functions, privileges, responsibilities and limitations under existing laws shall be deemed granted to or imposed upon the University and its officials, whenever appropriate. (Section 23)

Appropriations
- The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of BISCAST. (Section 24)
- Thereafter, sums necessary for the continued operation and maintenance of the University shall be included in the annual General Appropriations Act. (Section 24)

Implementing Rules and Regulations
- Within sixty (60) days from the effectivity of this Act, the Board, in consultation with CHED, shall formulate the rules and regulations to fully implement the provisions of this Act. (Section 25)

Separability 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 26)

Repealing Clause
- All laws, presidential decrees, executive orders, and rules and regulations contrary to or inconsistent with the provisions of this Act are repealed or modified accordingly. (Section 27)

Effectivity
- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. (Section 28)