Republic of the Philippines

Congress of the Philippines

Metro Manila

Fourteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand
eight.

[REPUBLIC ACT NO. 9717]

AN ACT CONVERTING THE CAMARINES SUR STATE AGRICULTURAL COLLEGE IN

THE MUNICIPALITY OF PILI, PROVINCE OF CAMARINES SUR INTO A STATE
UNIVERSITY TO BE KNOWN AS THE CENTRAL BICOL STATE UNIVERSITY OF
AGRICULTURE AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Conversion. — The Camarines Sur State Agricultural College in the

Municipality of Pili, Province of Camarines Sur is hereby converted into a state university
to be known as the Central Bicol State University of Agriculture, hereinafter referred to as
the University.

SEC. 2. General Mandate. — The University shall primarily provide both advanced
instruction and research in agriculture and allied technological sciences including
education, arts and related sciences. It shall also undertake extension and development
programs, and provide the necessary instructional and research leadership in agricultural,
environmental and technological development in the Bicol Region.

SEC. 3. Curricular Offerings. — The University shall offer undergraduate and graduate
courses in the fields of agriculture, environmental management, engineering, education,
arts and sciences, and other degree courses within its areas of specialization and
according to its capabilities, as the Board of Regents may deem necessary to carry out
its objectives and in order to meet the needs of the Province of Camarines Sur and the
Bicol Region: Provided, That no degree program shall be offered without the approval of
the Commission on Higher Education (CHED) before the same shall be approved by its
Board.

The existing high school shall be transferred to the jurisdiction and supervision of the
Department of Education (DepED): Provided, That the high school shall be allowed to
remain and operate within the campus of the University until the existing students shall
have completed their high school education: Provided, further, That the University may
operate a reasonably-sized laboratory school, if it has a College of Education. =
SEC. 4. Administration. — The University shall have the general powers of a corporation
set forth in Batas Pambansa Blg. 68, as amended, otherwise known as the “Corporation
Code of the Philippines”. The administration of the University and the exercise of its
corporate powers shall be vested exclusively in the Board of Regents and the President
of the University.

SEC. 5. The Governing Board. — The governing board of the University shall be the
Board of Regents, hereinafter referred to as the Board, which shall be composed of the
following:

(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson;

(b) The President of the University, Vice Chairperson;

(c) The Chairperson of the Committee on Education, Arts and Culture of the Senate,
member;

(d) The Chairperson of the Committee on Higher and Technical Education of the House
of Representatives, member;

(e) The Regional Director of the National Economic and Development Authority (NEDA),
member;

(f) The Regional Director of the Department of Agriculture (DA), member;

(g) The President of the faculty association of the University, member;

(h) The President of the student council of the University, member;

(i) The President of the alumni association of the University, member; and

(j) Two (2) prominent citizens from the private sector who have distinguished themselves
in their profession or fields of specialization of the University, members.

The Board shall appoint the two (2) prominent citizens from among a list of at least five
(5) qualified persons in the Province of Camarines Sur, as recommended by the search
committee constituted by the University President, in consultation with the Chairperson
of the CHED and other members of the Board, based on the normal standards and
qualifications for the position.

The term of office of the President of the faculty association, the President of the student
council and the President of the alumni association shall be coterminous with their
respective terms of office, as set forth in their respective constitutions and bylaws.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of
appointment.
SEC. 6. Promulgation and Implementation of Policies. — 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 the CHED under Republic
Act No. 7722, otherwise known as the “Higher Education Act of 1994”.

SEC. 7. Powers and Duties of the Board of Regents. — The Board shall have the
following specific powers and duties, in addition to its general powers of administration
and the exercise of all the powers granted to the board of directors of a corporation under
existing laws:

(a) To promulgate rules and regulations as may be necessary to carry out the purposes
and functions of the University;

(b) To receive and appropriate all sums as may be provided for the support of the
University in the manner it may determine in its discretion, in order to carry out the
purposes and functions of the University;

(c) To import duty-free economic, technical and cultural books and/or publications, upon
certification by the CHED that such imported books and/or publications are for economic,
technical, vocational, scientific, philosophical, historical or cultural purposes, in
accordance with the provisions of the Tariff and Customs Code of the Philippines, as
amended;

(d) To receive in trust legacies, gifts and donations of real and personal properties of all
kinds and to administer and dispose of the same when necessary for the benefit of the
University, and subject to the limitations, directions and instructions of the donor, if any.

Such donations shall be exempt from the donor’s tax and the same shall be considered
as allowable deductions from the gross income in the computation of the income tax of
the donor, in accordance with the provisions of the National Internal Revenue Code
(NIRC) of 1997, as amended: Provided, That such donations shall not be disposed of,
transferred or sold;

(e) To fix the tuition fees and other necessary school charges such as, but not limited to,
matriculation fees, graduation fees and laboratory fees, as the Board may deem proper
to impose, after due consultations with the involved sectors.

Such fees and charges, including government subsidies and other income generated by
the University, shall constitute special trust funds and shall be deposited in any authorized
government depository bank, and all interests that shall accrue therefrom shall form part
of the same funds for the use of the University.

Any provision of existing laws, rules and regulations to the contrary notwithstanding, any
income generated by the University from tuition fees and other charges, as well as from
the operation of auxiliary services and land grants, shall be retained by the University,
and may be disturbed by the Board for instruction, research, extension or other
programs/projects of the University: Provided, That all fiduciary fees shall be disbursed
for the specific purposes for which these are collected.

If, for reasons beyond its control, the University shall not be able to pursue any project for
which the funds have been appropriated and allocated under its approved program of
expenditures, the Board may authorize the use of said funds for any reasonable purpose
which, in its discretion, may be necessary and urgent for the attainment of the objectives
and goals of the University;

(f) To adopt and implement a socialized scheme of tuition and school fees for greater
access to poor but deserving students;

(g) To authorize the construction or repair of its buildings, machinery, equipment and
other facilities, and the purchase and acquisition of real property, including necessary
supplies, materials and equipment;

(h) To appoint recommendation of the President of the University, Vice Presidents, deans,
directors, heads of campuses, faculty members, and other officials and employees of the
University;

(i) To fix and adjust salaries of faculty members and administrative officials and
employees, subject to the provisions of the Revised Compensation and Position
Classification System and other pertinent budget and compensation laws governing hours
of service and such other duties and conditions as it may deem proper; to grant them, at
its discretion, leaves of absence under such regulations as it may promulgate, any
provision of existing law to the contrary notwithstanding; and to remove them for cause in
accordance with the requirements of due process of law;

(j) To approve the curricula, instructional programs and rules of discipline drawn by the
Administrative and Academic Councils herein provided;

(k) To set policies on admission and graduation of students;

(l) To award honorary degrees upon persons in recognition of their outstanding

contribution in the fields of education, public service, arts, science and technology,
agriculture or in any field of specialization within the academic competence of the
University; and to authorize the awarding of certificates of completion of nondegree and
nontraditional courses;

(m) To establish and absorb nonchartered tertiary institutions within the Province of
Camarines Sur as branches and centers in coordination with the CHED, and in
consultation with the Department of Budget and Management (DBM), and to offer therein
programs or courses, to promote and carry out equal access to educational opportunities
as mandated by the Constitution;
(n) To establish research and extension centers of the University where such will promote
the development of the latter;

(o) To establish professorial chairs in the University and to provide fellowships for
qualified faculty members and scholarships to deserving students;

(p) To delegate any of its powers and duties provided hereinabove to the President and/or
other officials of the University as it may deem appropriate, so as to expedite the
administration of the affairs of the University;

(q) To authorize an external management audit of the University, to be financed by the

CHED, subject to the rules and regulations of the Commission on Audit (COA); and to
institute reforms, including academic and structural changes, on the basis of the audit
results and recommendations;

(r) To collaborate with other governing boards of the state colleges and universities within
the Province of Camarines Sur or the Bicol Region, under the supervision of the CHED
and in consultation with the DBM, and work towards the restructuring of the University to
become more efficient, relevant, productive and competitive;

(s) To enter into joint ventures with business and industry for the profitable development
and management of the economic assets of the University, the proceeds from which shall
be used for the development and strengthening of the University;

(t) To develop consortia and other economic forms of linkages with local government
units, institutions and agencies, both public and private, local and foreign, in the
furtherance of the purposes and objectives of the University;

(u) To develop academic arrangements for institutional capability building with

appropriate institutions and agencies, public and private, local and foreign, and to appoint
experts/specialists as consultants, part-time or visiting or exchange professors, scholars
or researchers, as the case may be;

(v) To set up the adoption of modern and innovative modes of transmitting knowledge
such as the use of information technology, the dual learning system, open or distance
education and community laboratory for the promotion of greater access to education;

(w) To establish policy guidelines and procedures for participative decision-making and
transparency within the University;

(x) To privatize, where most advantageous to the University, management of

nonacademic services such as health, food, building or grounds or property maintenance
and such other similar activities; and

(y) To extend the term of the President of the University beyond the age of retirement but
not beyond the age of seventy (70), whose performance has been unanimously rated by
the Board as outstanding based on the guidelines, qualifications and/or standards set by
the Board, after unanimous recommendation by the search committee.

SEC. 8. Meetings of the Board. — The Board shall regularly convene at least once every
quarter. However, the Chairperson of the Board may, upon three (3) days’ prior written
notice, call a maximum of two (2) special meetings whenever necessary.

A quorum of the Board shall consist of majority of all its members holding office at the
time of the meeting: Provided, however, That the Chairperson of the Board or the
President of the University is among those present in the meeting.

In the absence of the Chairperson of the CHED, a Commissioner of the CHED, duly
designated by him/her, shall represent him/her in the meeting with all the rights and
responsibilities of a regular member: Provided, however, That during this meeting, the
President of the University as Vice Chairperson shall be the Presiding Officer: Provided,
further, That this proviso notwithstanding, the Chairperson of the CHED is hereby
authorized to designate a CHED Commissioner as the regular Chair of the Board, in which
case said CHED Commissioner shall act as the Presiding Officer.

In case the Chairpersons of the Congressional Committees on Education shall not be

able to attend the Board meeting, they may duly designate their respective
representatives to attend the said meeting, who shall have the same rights and
responsibilities as a regular member of the Board.

The members of the Board shall not receive any salary but shall be entitled to
reimbursements for actual and necessary expenses incurred, either in their attendance
to meetings of the Board or in connection with other official business authorized by
resolution of the Board, subject to existing laws and regulations.

SEC. 9. The University President. — The University shall be headed by a President, who
shall render full-time service. He/She shall be appointed by the Board, subject to the
guidelines, qualifications and/or standards set by the Board, upon recommendation of a
duly constituted search committee. He/She shall serve for a term of four (4) years and
shall be eligible for reappointment for another term: Provided, That in order to affect a
smooth transition to a state university, the incumbent President of the Camarines Sur
State Agricultural College shall ipso facto become the first President of the University.

Within six (6) months before the expiration of the term of office of the incumbent President
of the University, the Board shall constitute the Search Committee for the Presidency
(SCP).

In case of vacancy in the Office of the President by reason of death, compulsory

retirement, resignation, removal for cause or incapacity of the president to perform the
functions of his/her office, the Board shall have the authority to designate an Officer-in-
Charge of the University pending the appointment of a new President.
In case of vacancy in the Office of the President as mentioned in the immediately
preceding paragraph, his/her successor or the Officer-in-Charge shall serve only the
unexpired portion of the term.

The powers and duties of the President of the University, in addition to those specifically
provided in this Act, shall be those usually pertaining to the Office of the President of
similar universities, and those delegated by the Board.

The salary of the President of the University shall be in accordance with the Revised
Compensation and Position Classification System and shall be comparable to that being
received by the Presidents of similar educational institutions.

The President of the University shall be assisted by the Vice President/s, who shall be
appointed by the Board upon recommendation of the President.

SEC. 10. The Administrative Council. — There shall be an Administrative Council

consisting of the President of the University as Chairperson, Vice Presidents, deans,
directors and other officials of equal rank as members, whose duty is to review and
recommend to the Board the policies governing the administration, management and
development planning of the University.

SEC. 11. The Academic Council. — There shall be an Academic Council to be composed
of the President of the University, who shall act as Chairperson, and all the academic staff
with the rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular
offerings and rules of discipline of the University, subject to the approval of the Board. It
shall fix the requirements for the admission of students as well as for their graduation and
the conferment of degrees, subject to review and/or approval by the Board through the
President of the University. It shall have the disciplinary power over students of the
University and shall formulate academic policies and rules and regulations on discipline,
subject to the approval of the Board.

SEC. 12. The Secretary of the University. — The Board shall appoint a Secretary, who
shall serve as such for both the Board and the University and shall keep all records and
proceedings of the Board. He/She shall serve upon each member of the Board the
appropriate notice of the Board meetings.

SEC. 13. The Treasurer of the University. — The Treasurer of the Philippines shall be the
ex officio treasurer of the University.

SEC. 14. The Faculty. — No political beliefs, gender preference, cultural or community
affiliation or ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in
the appointment of faculty members of the University: Provided, however, That said
appointment shall be subject to the guidelines, qualifications and/or standards set by the
Board: Provided, further, That no member of the faculty shall teach for or against any
particular church or religious sect.

SEC. 15. Scholarship Program/Admission. — The University shall provide a scholarship

program and other affirmative action programs to assist poor but deserving students who
qualify for admission to the University.

No student shall be denied admission to the University by reason of sex, religion, cultural
or community affiliation or ethnic origin.

SEC. 16. Academic Freedom and Institutional Autonomy. — The University shall enjoy
academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5 of
Article XIV of the Constitution of the Republic of the Philippines.

SEC. 17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of

Personnel. — The heads of the bureaus and offices of the national government are
hereby authorized to loan or transfer, upon the 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 bureau or office, such
apparatus, equipment, supplies or services of such employees can be spared without
serious detriment to the public service.

The employees so detailed shall perform such duties as required of them by the President
of the University, and the time so employed shall be counted as part of their regular
services.

SEC. 18. Assets, Liabilities and Personnel. — All assets, real and personal, personnel
and records of the Camarines Sur State Agricultural College, as well as liabilities or
obligations, are hereby transferred to the University. The positions, rights and security of
tenure of faculty members and personnel therein employed under existing laws prior to
the conversion into a University shall be respected.

All parcels of land belonging to the government occupied by the Camarines Sur State
Agricultural College are hereby declared to be property of the University and shall be titled
under that name: Provided, That should the University cease to exist or be abolished or
should such parcels of land aforementioned be no longer needed by the University, the
same shall revert to the national government.

SEC. 19. Appropriations. — The amount necessary to carry out the provisions of this Act
shall be charged against the current year’s appropriations of the Camarines Sur State
Agricultural College, except the sums needed to continue the operations of the existing
high school. Thereafter, such sums as may be necessary for the continued operation and
maintenance of the Central Bicol State University of Agriculture shall be included in the
annual General Appropriations Act.
SEC. 20. Development Plan, Management Audit,
Organizational/Administrative/Academic Structure. — Within the period of one hundred
twenty (120) days after the approval of this Act, the University shall accomplish the
following:

(a) Submit a five (5)-year development plan, including its corresponding program budget
to the CHED, for corresponding recommendation to the DBM;

(b) Undergo a management audit in cooperation with the CHED; and

(c) Accordingly set up its organizational, administrative as well as academic structure,

including the appointment of the University key officials.

SEC. 21. CHED Monitoring and Evaluation. — The CHED shall conduct regular
monitoring and evaluation to determine continuing compliance with the requirements on
University status. In the event that the Commission finds that the University does not
maintain compliance thereof, 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.

SEC. 22. Filing of Report. — On or before the fifteenth (15th) day of the second (2nd)
month after the opening of the regular classes each year, the Board shall file with the
Office of the President of the Philippines through the Chairperson of the CHED, and with
both Houses of Congress a detailed report on the progress, conditions and needs of the
University.

SEC. 23. Suppletory Application. — The provisions of Republic Act No. 8292, otherwise
known as the “Higher Education Modernization Act of 1997”, shall be an integral part of
this Act and shall serve as part of the Governing Charter of the University.

SEC. 24. Parity Clause. — 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 the University and/or its officials, whenever appropriate.

SEC. 25. Implementing Rules and Regulations. — The Board, in consultation with the
CHED, shall formulate the guidelines to fully implement the provisions of this Act.

SEC. 26. Separability Clause. — If, for any reason, any part or provision of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected thereby
shall remain in full force and effect.

SEC. 27. Repealing Clause. — 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.
SEC. 28. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) PROSPERO C. NOGRALES

President of the Senate Speaker of the House
of Representatives

This Act which originated in the House of Representatives was finally passed by the
House of Representatives and the Senate on September 8, 2009 and April 24, 2009,
respectively.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General
House of Representatives

Approved: OCT 12 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines