[ BATAS PAMBANSA BLG. 12, December 15, 1978 ]
AN ACT ESTABLISHING THE UNIVERSITY OF SOUTHEASTERN PHILIPPINES.
Be it enacted by the Batasang Pambansa in session assembled:
SECTION 1. There is hereby established in Region XI a university to be known as the University of Southeastern Philippines, hereinafter referred to in this Act as the University. The main campus of the University shall be located at the site presently occupied by the Mindanao State University branch in Davao City.
SEC. 2. The University shall have a minimum of six degree-granting courses and one graduate school and such degree courses, post-graduate courses and special courses as the Board of Trustees may deem necessary to support national objectives in Mindanao.
SEC. 3. The University shall have the following functions :
a) To provide programs of instruction and professional training primarily in the fields of science and technology, specially in medicine, agriculture, forestry, fisheries, engineering and industrial fields;
b) To promote advanced studies, research and extension services and progressive leadership in science, agriculture, forestry, fisheries, engineering and industrial fields and other courses needed in the socio-economic development of Mindanao;
c) To develop courses at the graduate level along its fields of specialization to respond to the needs of development workers in the academic community in the region;
d) To provide non-formal education and undertake vigorous extension and research programs in food production, nutrition, health and sports development; and
e) To offer scholarship and/or part-time job opportunities to deserving students from low-income families.
SEC. 4. The University shall have the general powers of a corporation set forth in the Corporation Law, as amended, and the administration of such University and the exercise of its corporate powers are vested exclusively in the Board of Regents and in the President of the University insofar as authorized by said Board.
SEC. 5. The head of the University shall be known as the President of the University of Southeastern Philippines. He shall be appointed by the President of the Philippines upon recommendation of the Board of Regents for a term of six years with compensation to be determined under the provisions of Presidential Decree Numbered Nine hundred eighty-five. The powers and duties of the President of the University, in addition to those specifically provided for in this Act, shall be those usually pertaining to the office of a president of a university.
SEC. 6. The governing body of the University shall be the Board of Regents of the University of Southeastern Philippines, hereinafter referred to as the Board, whose composition shall be in accordance with Presidential Decree Numbered Fourteen hundred and thirty-seven.
The Members of the Board shall serve without compensation other than actual and necessary expenses incurred either in attendance upon meetings of the Board, or upon other official business related to his position as regent as authorized by the Board.
SEC. 7. In addition to its general powers of administration, the Board shall have the following powers and duties:
a) To appoint, upon the recommendation of the President, the following:
(1) The Secretary of the University, and administrative officers;
(2) The deans, directors, or heads of colleges, schools, institutes and other principal units of the University, academic or non-academic, which are not supervised by or attached to such units;
(3) Faculty members with the rank of associate professor or higher, professorial lecturers, visiting or exchange faculty; and other officers and employees whose starting salaries are at least equal to that of associate professor, insofar as the following personnel actions are involved: original appointments; re-appointments/renewal/transfer with change in rank or salaries; and promotion or salary increases, subject to Presidential Decree Numbered Nine hundred eighty-five and other pertinent budget and compensation laws.
b) To plan and provide for the establishment of schools, colleges, and departments for the professional degrees in science, agriculture, engineering, home economics, education, industrial education, forestry, fishery, animal and veterinary medicine sciences, architecture and other such schools, colleges, and departments as deemed necessary; and advanced or graduate degrees along the foregoing fields.
c) To manage funds for the operation and management of all university income-producing projects and to promulgate rules and regulations for the operation and management of the same and for the accounting and auditing of their funds, income and expenses, subject to Presidential Decree Numbered Eleven hundred and seventy-seven and to the rules and regulations implementing Section three (h) of Presidential Decree Numbered Fourteen hundred and thirty-seven.
d) To admit to the University, public institutions of learning in Region XI which may desire to affiliate as schools or colleges or branches of the University, subject to the approval of the President of the Philippines upon recommendation of the Minister of the Budget and the Chairman, Presidential Commission on Reorganization.
e) To authorize the construction and repair of all university buildings and other permanent improvements under the direct administration and supervision of the University, upon recommendation of the President.
f) To enter into a consortium agreement with the University of the Philippines System for the program, staff, and physical development of the University.
g) To promulgate policies, rules and regulations necessary for the effective and efficient governance of the University, delegate certain authorities and responsibilities to the President as deemed appropriate, and prescribe rules under which the President can enter into contracts without prior approval of the Board, for the acquisition of properties and services, and purchase of equipment and supplies not exceeding certain cost or value: Provided, That all such contracts shall be reported to the Board.
SEC. 8. The President shall be the chief executive of the University and shall have the following powers and responsibilities:
a) To provide leadership for the University and preserve and protect its academic integrity and ensure the observance and implementation of the policies laid down by the Board.
b) To exercise within the framework of University policies primary authority and responsibility over the following areas: development planning and resource allocations; grants, endowments and fund raising; external relations and public affairs; and University policy relating to regional development programs, curricula, and matters affecting the rights, privileges, responsibilities and welfare of the University constituency.
c) To formulate integrated and comprehensive plans for the University, including academic, research, extension, physical development, and fiscal plans.
d) To coordinate the activities and programs of the University with the other component units and institutions, and have under review goals and objectives of the various units and institutions, appraise their performance in relation to goals, and recommend appropriate action by the Board.
e) To appoint officers, faculty members, and other employees in the University, subject to Section seven of this Act; and to designate officers-in-charge of the units therein for a period not exceeding two months, without prejudice to the authority granted deans and directors to designate officers-in-charge in their respective units.
f) To appoint, transfer or promote personnel of the University as herein below provided; fix their work schedules; grant leaves of absence; and approve their special detail, additional assignments, additional compensation, designation and retirement in accordance with the policies approved by the Board, subject to Presidential Decree Numbered Nine hundred eighty-five and other pertinent budget and compensation laws.
g) To set up machinery for review of all disciplinary actions appealable to the Office of the President, and for the consideration of position for redress of grievances.
h) To submit to the Board the courses of study and academic programs, rules of discipline, and conferment of degrees and diplomas as recommended by the University Council.
i) To award fellowships, assistantships and scholarships to students, faculty members and other personnel, in accordance with the policies prescribed by the Board
j) To plan, prepare and implement a University program for the training and education of adult citizens and out-of-school youth.
k) To negotiate and obtain grants for specific projects, gifts and donations of real or personal property of all kinds, subject to the confirmation of the Board, and to administer the same for the benefit of the University, its units, departments, or students in accordance with the directions and instructions of the donor, and in default thereof, in such manner as the Board may in its discretion determine.
l) To maintain links with other academic and research institutions so as to ensure fruitful academic and technical interchange and maximize the use of human and physical resources.
m) To prepare for approval of the Board the budget of the University.
n) To submit to the Board annual reports on the operation of the University, and such other reports as the latter may require.
o) To prescribe rules and regulations not contrary to law for the governance of the University consistent with its purposes and the policies laid down by the Board.
p) To exercise such other powers and discharge such other responsibilities as may be delegated to him by the Board: Provided, That he shall institute or effect an appropriate and efficient exercise or discharge of such powers or responsibilities as may be necessary for the expeditious administration of the University.
SEC. 9. A quorum of the Board shall consist of a majority of all the members holding office at the time the meeting is called. All processes against the Board shall be served on the President or secretary thereof.
SEC. 10. There shall be a secretary of the University, who shall serve concurrently as the Secretary of the Board.
SEC. 11. There shall be a University Council consisting of the President, Vice-President/s, Deans, Heads of Academic Departments, Assistant Professors, Associate Professors, and Professors. The President shall be the Chairman of the Council.
Subject to the approval of the Board, upon the recommendation of the President in accordance with the policies and standards established by the Board, the University Council shall:
a) Prescribe the course of study, curricula and rules of discipline of students;
b) Fix the requirements for admission to any College or unit of the University and for graduation and the conferring of degrees;
c) Recommend recipients of degrees or diplomas;
d) Exercise disciplinary powers over the students through the President or its appropriate committees pursuant to the rules of discipline prescribed by the Board; and
e) Create committees as it may deem necessary for the performance of its functions.
SEC. 12. The instructors and professors of each College shall constitute its faculty to be presided by a Dean who shall be selected from among the members of such faculty for a term fixed by the University Council and confirmed by the Board, upon recommendation of the President of the University.
SEC. 13. In the appointment of instructors or professors to the University, religious opinions or affiliations shall not be made a matter of inquiry or explanation.
SEC. 14. Professors or instructors seeking appointments in the University shall be exempt from Civil Service Examinations or regulations: Provided, however, That copies of their appointments shall be furnished the Civil Service Commission for notation and record purposes.
SEC. 15. A student shall not be denied admission to the University by reason of sex, ethnic consideration, religious belief or affiliation.
SEC. 16. On or before the fifteenth day of January of each calendar year, the Board shall file with the Prime Minister of the Philippines a detailed report setting forth the progress, condition and needs of the University.
SEC. 17. Heads of bureaus and offices of the national .government are hereby authorized to loan or transfer, upon request of the President of the University, such apparatus, equipment or supplies as may be needed by the University and to detail employees for duty therein, when in the judgment of the head of the Bureau or Office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duties as required under such detail; the time so employed shall be counted as part of their official service.
SEC. 18. The branches of the Mindanao State University and of the University of the Philippines in Region XI, the Davao School of Arts and Trades, and the Mampising National Agricultural School are hereby transferred to the University of Southeastern Philippines together with their functions, appropriations, records, equipment, property and personnel.
SEC. 19. This Act shall take effect upon its approval.
Enacted without Executive approval, December 15, 1978.