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Batas Pambansa Bilang 145

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BATAS PAMBANSA BILANG. 145

BATAS PAMBANSA BLG. 145 - AN ACT CONVERTING THE LUCBAN NATIONAL COLLEGE, ITS UNITS AND BRANCHES INTO THE SOUTHERN LUZON POLYTECHNIC COLLEGE, PROVIDING A CHARTER FOR THIS PURPOSE, EXPANDING ITS CURRICULAR OFFERINGS, AND REDIRECTING ITS OBJECTIVES

Section 1. The present Lucban National College, its branches and units, are hereby converted into a state college to be known as Southern Luzon Polytechnic College, hereinafter referred to in this Act as the State College.

Sec. 2. The State College shall primarily provide higher technological, professional, occupational, vocational instruction and training in the applied arts and sciences. It shall also promote applied research, advanced studies and progressive leadership in its areas of specialization.

Sec. 3. The governing body of the State College shall be the Board of Trustees of the Southern Luzon Polytechnic College which shall be composed of the following:

Minister of Education and Culture, Chairman;
President, Southern Luzon Polytechnic College, Vice Chairman;
Representative of the National Economic and Development Authority (NEDA), Member, and

Two (2) prominent citizens who have distinguished themselves in the professions of fields of specialization of the Southern Luzon Polytechnic College, one representing the alumni of the state college, the other chosen from prominent citizens in the municipality or province where the State College is located, to be appointed by the President of the Philippines upon recommendation of the Minister of Education and Culture, as Members.
The first group of appointive trustees shall serve for two (2) years and four (4) years, respectively. Thereafter, the appointees shall hold office for a term of four (4) years. In case of vacancy, the appointee shall hold office for the unexpired term only.

In the absence of the Minister of Education and Culture, the Minister shall authorize a representative, preferably the Deputy Minister of Education and Culture and at least a Director, to sit in the meetings of the Board: Provided, however, That during these meetings, the President shall preside as Vice Chairman of the Board.

Sec. 4. The governing board shall exercise policy making functions in accordance with the general policies, plans, and programs on national and regional development as may be issued by the National Economic and Development Authority (NEDA). The Minister of Education and Culture as Chairman of the governing board, shall see to it that the general education policies, plans and programs as formulated and promulgated are adopted and observed by the State College.

Sec. 5. The Board of Trustees shall have the following specific powers and duties in addition to the general powers as provided in Section Thirty-six of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the Philippines:

(a) To enact for the government of the State College such rules and regulations not contrary to law as may be necessary to carry out the purpose and functions of the State College;

(b) To receive and appropriate to the ends specified by law, such sums as may be provided for the support of the State College;

(c) To import duty-free essential commodities and materials for advanced educational or technological programs as an exception to existing laws: Provided, That such commodities or materials are not available locally; and to receive in trust legacies, gifts, and donations of real and personal property of all kinds, to administer the same for the benefit of the State College or for aid to any student in accordance with the directions and instructions of the donor, and in default thereof, in such manner as the governing board may in its discretion determine. Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donors;

(d) To approve the curricula and rules of discipline drawn by the Administrative and Academic Councils as hereinafter provided:

(e) To confer degrees upon successful candidates for graduation, to award honorary degrees upon persons in recognition of learning, public service, statesmanship or eminence in any field of specialization of the State College, and to authorize the President of the State College to award certificates for completion of non-degree programs;

(f) To confirm appointments of vice presidents, secretary, deans, directors, and other officials and employees of the State College made by the President; to fix their compensation, hours of service, and such other duties and conditions as the governing board may promulgate, in accordance with the provisions of existing laws; to remove them for cause after investigation and hearing;

(g) To establish Chairs in the State College and to provide fellowships for qualified faculty members and scholarships to deserving students;

(h) To fix tuition fees and such other necessary school charges as the governing board may deem proper to impose. Such fees and charges, including other incomes generated by the State College, shall constitute a special trust fund for the exclusive laws to the contrary notwithstanding; and

(i) To authorize the construction or repair of its buildings, machinery, equipment and other facilities and the purchase of necessary supplies, materials and equipment; any provision of the law to the contrary notwithstanding: Provided, however, That the funds for the purpose shall come from the authorized appropriations of the State College.

Sec. 6. A quorum of the governing board shall consist of a majority of all the members holding office at the time of the meeting: Provided, however, That among those present are the Minister of Education and Culture, who is Chairman of the Board, or the President, who acts as presiding officer in the former's absence.

All processes against the State College shall be served on the President of the State College or his duly authorized representative.

Sec. 7. The members of the governing board shall not receive compensation but shall be reimbursed for actual and necessary expenses incurred in their attendance of meetings or other official functions authorized by the Board.

Sec. 8. The head of the College shall be known as the President of the Southern Luzon Polytechnic College, who shall be appointed by the President of the Philippines upon recommendation of the Minister of Education and Culture after consultation has been made with the Board of Trustees. He shall serve for a term of six (6) years. In case of vacancy by reason of death, absence or resignation, the Minister of Education and Culture shall have the authority to designate an Officer-in-Charge of the State College pending the appointment of the President.

The powers and duties of the President of the State College, in addition to those enumerated in the succeeding section, shall be those normally pertaining to the Office of the President of a State College:

Sec. 9. Specifically, the President of the State College shall have the following powers and duties, in addition to those normally appertaining to the Office of the President of a State College:

(a) He shall be the chief executive officer of the College. As such, progressive and dynamic, intellectual and administrative leadership in the College is expected of him and vested in him;

(b) He shall be the head of the College faculties and any unit or branch thereof;

(c) He shall have the general supervision over all academics as well as business or financial operations of the State College;

(d) He shall promulgate and enforce general policies affecting any unit of the College, and take such actions which in his judgments are necessary for the protection of property and general interest of the State College, students and personnel and for the operation of the State College as a whole, and shall inform the Board on all matters relating to the operation and welfare of the State College;

(e) He shall appoint qualified persons to fill all vacancies and new positions subject to the approval of the Board and make such other arrangements to meet emergencies occurring between meetings of the Board so that the work of the College shall not suffer;

(f) He shall institute disciplinary action against any member of the State College personnel, whose actions adversely affect the general interest of the State College;

(g) He shall decide appeals in controversies between ranking officials of the State College, his decisions being final and conclusive;

(h) He shall grant or deny sabbatical, maternity vacation and sick leaves and leaves of absence with or without pay and/or extension of such leaves as well as extension of fellowships or any form of scholarship for a period not exceeding one academic year if the budget permits and for reasons he may deem satisfactory;

(i) He shall make ad interim appointments;

(j) He shall grant or withhold permission to reveal confidential matters or information affecting the State College or any unit thereof, as well as any action taken by the Board of Trustees;

(k) He shall grant permission for the use of buildings and premises of the State College for academic, professional and scientific conventions, seminars for students and related activities, and to fix the fee therefor;

(l) He is authorized to join in the execution of all contracts, deeds, and instruments for the proper conduct of the business of the State College and to assign the same in behalf of the State College;

(m) He shall prepare an annual report on the work of the past year and needs of the current year including a budget with estimates of income and expenditures; and

(n) He shall have such other powers as may be specifically authorized by the Board of Trustees. He may delete in writing of his specific functions to any office of the State College.

Sec. 10. There shall be an Administrative Council of the State College consisting of the President of the State College as chairman, and the vice presidents, deans, directors and other officials of equal rank as members, whose duty shall be to implement policies governing the administration, management and development planning of the State College as approved by the governing board.

Sec. 11. There shall be an Academic Council of the State College with the President as chairman and all professors and members of the instructional staff as members.

The Academic Council shall have the power to prescribe the curricula and rules of discipline of the State College subject to the approval of the Board of Trustees. It shall fix the requirements for admission to the State College as well as for the review of the Board of Trustees. The Council shall likewise have the power to recommend students to be recipients of degrees. Through the President of the State College or his duly authorized representative, the Council shall have disciplinary power over the students of the State College within the limits prescribed by the rules of discipline as approved by the Board of Trustees.

Sec. 12. Members of the faculty of the State College shall be exempt from any civil service examination or regulation as a requisite for appointment. No religious test shall be applied nor shall religious opinion or affiliation be a matter of inquiry in the appointment of faculty members of the State College: Provided, however, that no member of the faculty shall teach for or against any particular church or religious sect.

Sec. 13. No student shall be denied admission to the State College by reason of sex, nationality, religion or political affiliation.

Sec. 14. It shall be the concern of the State College to disperse its program in the countryside through a system of provincial branches, as may be determined by the Board of Trustees.

Sec. 15. All parcels of land, buildings, equipment and facilities, school personnel and records owned by the Lucban National College, its branches and units and such other national schools as may be integrated by virtue of this Act, including their obligations and appropriations thereof, shall stand transferred to the Southern Luzon Polytechnic College; Provided, however, That said national schools shall continue to receive their corresponding shares from the education fund of the municipal/provincial/city government concerned, as are now enjoyed by them in accordance with existing laws and/or decrees.

Sec. 16. It shall be a continuing policy of the State College to accept the affiliation and/or integration within its operation of any existing national school whose programs can contribute largely and effectively to the attainment of its objectives: Provided, however, That in the case of integration, the Minister of Education and Culture is hereby authorized to determine and approve the specific existing national schools that are to be integrated as part of the Southern Luzon Polytechnic College. In this particular case, it is understood that all funds, properties, and other assets as well as obligations of the integrated school be transferred to the State College pursuant to the preceding section of this Act.

Sec. 17. The Treasurer of the Philippines shall be the ex-officio treasurer of the State College. All accounts and expenses of the State College shall be authorized by the Commission on Audit or its duly authorized representative.

Sec. 18. On or before the fifteenth day of the second month after the opening of regular classes each year, the governing board shall file with the Office of the President of the Philippines, through the Minister of Education and Culture, a detailed report setting forth the progress, conditions, and needs of the State College.

Sec. 19. Pursuant to Presidential Decree Numbered Fourteen hundred and thirty-seven, Section Fifteen, the Southern Luzon Polytechnic College shall be deemed attached to the Ministry of Education and Culture for purposes of policy and program coordination.

Sec. 20. All amounts appropriated for the Lucban National College or the Lucban National High School are hereby transferred to the Southern Luzon Polytechnic College, to be disbursed in accordance with the provisions of this Act. Starting Calendar Year 1983 such sum as may be necessary for the operation and maintenance of the college shall be provided in the Annual General Appropriations Act.

Sec. 21. The incumbent head of the Lucban National College shall continue to serve as President of the Southern Luzon Polytechnic College until a permanent President has been appointed by the President of the Philippines and has qualified to the position: Provided, That in the event that the incumbent President shall not qualify as President of the Southern Luzon Polytechnic College, he shall be entitled to full retirement benefits: Provided, further, That he has served the government for at least twenty (20) years: Provided, finally, That in the case the number of years served is less than twenty (20) years, he shall be entitled to one month pay for every year of service pursuant to Presidential Decree Numbered Fourteen hundred and thirty-seven.

Sec. 22. All laws, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 23. This Act shall take effect upon its approval.

Approved: February 8, 1982. (P.B. No. 173)

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