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Batas Pambansa Bilang 495

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BATAS PAMBANSA BILANG. 495

BATAS PAMBANSA BLG. 495 - AN ACT CREATING THE NUEVA VIZCAYA STATE POLYTECHNIC COLLEGE, AND APPROPRIATING FUNDS THEREFOR

Section 1. There shall be created a state polytechnic college in the Municipality of Bambang, Province of Nueva Vizcaya, to be known as the Nueva Vizcaya State Polytechnic College.

Sec. 2. The College shall be composed of the present Nueva Vizcaya School of Arts and Trades and the Paniki Barangay High School in the Municipality of Bagabag which shall be annexed thereto as a unit offering secondary courses. The College shall establish and maintain secondary schools as its branches in Barangay Malabing, Municipality of Kasibu; Barangay Monguia, Municipality of Dupax del Norte; Barangay Sta. Clara, Municipality of Aritao; Barangay Carolotan, Municipality of Dupax del Sur, and Barangay Morong, Municipality of Bagabag, all in Nueva Vizcaya.

Sec. 3. The College shall primarily provide collegiate level occupational, technical and professional instruction and training in applied arts and sciences and promote applied research, advanced studies, and progressive leadership in the stated fields.

Sec. 4. The Government of said College shall be vested in a Board of Trustees, to be composed of the Minister of Education, Culture and Sports as ex officio Chairman of the Board, the President of the College, a representative of the National Economic and Development Authority (NEDA), two (2) prominent citizens who have distinguished themselves in their professions or fields of specialization, one representing the alumni association, the other chosen from prominent citizens in the Province of Nueva Vizcaya, both to be appointed by the President upon recommendation of the Minister of Education, Culture and Sports: Provided, however, That the non-ex officio members of the Board, except the President of the College who shall serve during the duration of his incumbency, shall hold office as follows: one to serve for two (2) years, and the other to serve for four (4) years, the term of office of each to be specified in his appointment by the President. Thereafter, persons appointed to succeed such members shall hold office for a term of four (4) years and until their successors shall have been appointed and qualified.

Permanent vacancy in the Board shall be filled by appointment by the President with the recommendation of the Minister of Education, Culture and Sports and such appointee shall hold office for the unexpired term only.

In the absence or inability of the Minister of Education, Culture and Sports, the Deputy Minister of Education, Culture and Sports or when these positions are vacant, the President of the College shall act as chairman.

The members of the Board of Trustees shall serve without compensation, but shall be entitled to reimbursement for actual and necessary expenses incurred in attendance upon meetings of the Board and upon other official business authorized by resolution of the Board, subject to existing budget laws on honoraria and allowances.

Sec. 5. The Board of Trustees shall have the following powers and duties in addition to its general powers of administration:

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

(b) To confer the usual honorary degrees upon persons in recognition of learning, statesmanship, or eminence;

(c) To appoint, upon recommendation of the President of the College, the registrar, the dean of the college, the heads of the various branches of the College, professors, instructors, lecturers and other employees of the College and to fix their compensation subject to P.D. No. 985 and other pertinent budget and compensation laws, prescribe the hours of service, duties and conditions of work as it may deem proper, to grant to them, in its discretion, leaves of absence in accordance with the rules that it may promulgate and to remove them for cause after proper investigation and hearing pursuant to Civil Service laws governing disciplinary action;

(d) To approve the curricula and rules of discipline drawn by the Academic Council as hereinafter provided;

(e) To provide fellowship and scholarship for deserving faculty members and students of the College;

(f) To prescribe rules for its own government, and to enact for the government of the College such rules and regulations, not contrary to law, as may be necessary; and

(g) 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 College, or of a department thereof, or for aid to any student or students, in accordance with the directions and instructions of the donor, and, in default thereof, in such manner as the Board of Trustees may in its discretion determine.

Sec. 6. A quorum of the Board of Trustees shall consist of all the members holding office at the time meeting of the board is called. All processes for or against the Board of Trustees shall be served on the President or Secretary thereof.

Sec. 7. On or before the 15th day of the month following the opening of regular classes each year, the Board of Trustees shall file with the Office of the President, through the Minister of Education, Culture and Sports a detailed report setting forth the progress, conditions and needs of the College.

Sec. 8. The head of the College shall be known as the President of the College. He shall be appointed for a term of six (6) years by the President of the Philippines upon recommendation of the Minister of Education, Culture and Sports upon consultation with the members of the Board: Provided, That the President of the College may be reappointed after his term shall have expired upon same recommendations aforestated.

The powers and duties of the President of the College shall be those pertaining to the office of the president of a state college.

Sec. 9. There shall be a vice-president of the College to be appointed by the President upon recommendation of the Minister of Education, Culture and Sports. He shall be vested with all the powers and duties of the President upon assumption of such function in the absence or incapacity of the latter for any cause, and shall also perform such other duties as the Board of Trustees may from time to time assign to him.

Sec. 10. There shall be an Administrative Council consisting of the President of the College as chairman, the vice-president, deans, and heads of branches of the College as members. It shall have the duty and authority to implement policies governing the administration, management, and development planning of the College. All formulated plans and programs for the College shall be subject to the approval of the Board.

Sec. 11. There shall be an Academic Council consisting of the President of the College as chairman and the faculty of the College who teach collegiate courses as members. The Academic Council shall have the power and duty to prescribe the curricula and rules of discipline, subject to the approval of the Board of Trustees. It shall fix the requirements for admission to the College, as well as for graduation, and the conferral of titles and degrees. The Council shall likewise have the power to recommend students or others to be recipients of titles or degrees. Through the President or his duly authorized representative, it shall have disciplinary power over the students of the College within the limits prescribed by the rules of discipline approved by the Board of Trustees.

Sec. 12. The body of instructors and professors of the College shall constitute the faculty thereof.

If the appointment of professors and instructors of the College, no religious test shall be applied, nor shall religious opinions or affiliations of the faculty of the College be made a matter of examination or inquiry: Provided, That no member of the faculty shall inculcate sectarian tenets in any of his/her teachings, nor attempt either directly or indirectly under the penalty of dismissal by the Board of Trustees, to influence students and attendants at the College for or against any particular church or religious sect.

Sec. 13. There shall be a Secretary of the College who shall be appointed by the Board of Trustees. He shall be the registrar of the College, and the secretary of the Board of Trustees. He shall keep the records of the College, and shall exercise such powers, and perform such duties as may be designated by the Board of Trustees.

Sec. 14. The Treasurer of the Philippines shall be ex officio treasurer of the College. All accounts and expenses thereof shall be audited by the Commission on Audit, or its duly authorized representative.

Sec. 15. All personnel, assets, records, and appropriations of the Nueva Vizcaya School of Arts and Trades, and the Paniki Barangay High School are hereby transferred to the College.

Sec. 16. Heads of bureaus and offices of the national government operating in Nueva Vizcaya as well as heads of departments in the provincial government of said province are hereby authorized to loan or transfer, upon request of the President of the College, such apparatus, equipment, and supplies as may be needed by the College, and to detail employees for duty therein when in the judgment of the head of the bureau or department or office, such employee/s can be spared therefor without serious detriment to the public service. Employees so detailed shall perform such duties as may be required under such detail and the time so employed shall be counted and considered as part of their regular official service.

Sec. 17. The Minister of Education, Culture and Sports shall take such steps as are necessary for the immediate implementation of this Act. For this purpose, he is authorized to create a technical committee within one (1) month after the Board of Trustees shall have been duly constituted, to advise the Board toward the proper adjustment of the College so constituted to the new status of a state college, as well as to guide them in the making of program for the development and expansion of the College.

Sec. 18. The existing appropriations for the Nueva Vizcaya School of Arts and Trades and the Paniki Barangay High School in the Municipality of Bagabag are hereby transferred to the Nueva Vizcaya State Polytechnic College, to be disbursed in accordance with the provisions of this Act. Thereafter, the necessary sum for the operation and maintenance of the new state college shall be provided for in subsequent General Appropriations Acts, until which time the operation of the institution as a college shall be deferred, provided that its new name shall take effect upon its approval of this Act.

Sec. 19. All laws or parts thereof which are inconsistent with this Act are repealed or modified accordingly.

Sec. 20. This Act shall take effect upon its approval.

Approved: June 10, 1983.

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