August 14, 2009

IMPLEMENTING RULES AND REGULATIONS (IRR) FOR REPUBLIC ACT 9456, OTHERWISE KNOWN AS AN ACT CONVERTING BUKIDNON STATE COLLEGE IN THE CITY OF MALAYBALAY, PROVINCE OF BUKIDNON, INTO A STATE UNIVERSITY, TO BE KNOWN AS THE BUKIDNON STATE UNIVERSITY AND APPROPRIATING FUNDS THEREFOR

In accordance with and by virtue of Section 24 of the subject law, which for purposes of this Implementing Rules and Regulations, the following rules and regulations are hereby adopted and promulgated for the implementation of R.A. 9456, thus:

RULE I

Title and Policies

SECTION 1. Title. — This IRR shall be known and cited as the "Implementing Rules and Regulations for the RA 9456".

SECTION 2. Policies. — It is the declared policy of the State to establish, maintain, and support a complete, adequate and integrated system of higher education relevant to the needs of the people and society.

RULE II

Definition of Terms

SECTION 3. Definition of Terms. — Whenever used in this IRR, the following words or phrases shall mean or refer, thus:

a) "nonchartered tertiary institutions" — refers to all public institutions of higher learning in the Philippines primarily offering degree-granting programs, including post-secondary degree-granting vocational and technical educational institutions duly recognized by CHED but which are not covered by enabling laws.

b) "State Universities and Colleges" — refer to public HEIs in the Philippines created and established by law which constitutes their charter and which have independent and separate CBs;

c) "Governing Board (GB)" — refers to the highest policy-making body of the Bukidnon State University who shall be referred to as the Board of Regents.

d) "duly recognized faculty association" — is the association of the faculty members or the instructional staff of the BSU or the federation thereof which has been extended due recognition by its GB to be its legitimate and lawful faculty association; as manifested by its constitution being ratified by 2/3 of its members;

e) "duly recognized alumni association" — is the association of the alumni preferably from its tertiary level programs which has been extended due recognition by its GB to be the legitimate and lawful organization of its alumni;

f) "Commission on Higher Education (CHED)" — is the government agency created by Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994", which has jurisdiction over all HEIs, public or private, in the Philippines;

g) "Chairman of the Board" — refers to the CHED Chairman or to the CHED Commissioner duly designated as Regular Chair and Presiding Officer of the governing board, provided that if a CHED Commissioner has been designated Regular Chair and Presiding Officer, then "Chairman of the Board" refers to that, CHED Commissioner;

h) "Student Regent" — the duly elected student representative to the GB of the BSU, provided, the student may be represented by a duly elected representative who may sit as regular member of the Board in the interim period when the student representative loses his status as a student such as but not limited to graduation, transfer, expulsion and other similar causes. TcSHaD

i) "special trust fund" — refers to the total amount collected or charged from students for a specific purpose or from other sources, other than payment of tuition fees, held in trust by the university;

j) "Socialized scheme of tuition 'and other instructional fees" — refers to a scheme or pattern where the rate of tuition and instructional fees are collected on the basis of family income and/or socio-economic status of' the student, such that the less-economically privileged students shall pay lesser fees than students coming from more economically advantaged families;

k) "dual system" — refers to a teaching-learning approach utilizing both the experiences gained by students inside and outside of the classrooms, sometimes called the in-school off-school approach;

l) "Open learning" — is a philosophy of student-centered learning adopting a great amount of flexibility in the learning process thus enabling them to learn at the time, place and pace which satisfies their circumstances and requirements;

m) "Distance Learning" — is a mode of education delivery at a distance with organizational and administrative support;

n) "Instruction" — shall refer to set of activities or practices which include but not limited to the following: classroom teaching and learning, supervision and assessment of classroom teaching and learning, curriculum development, staff professional development such as attendance to conferences, seminars, workshops, educational trips/visits, and other related activities;

o) "Community laboratory" — is a community adopted by a chartered SUC as part of its extension program where research and civic services are conducted by its students and/or faculty;

p) "Main campus" — is the campus where the administrative services of the BSU is located and/or where its President holds office permanently;

q) "Extension campus" — is the campus that responds to special needs/demands (i.e., instruction, research or extension) with no Administrative Structure;

r) "local universities and/or colleges (LUCs) — are HEIs established by local ordinances and solely funded from funds of local government units (LGUs) such as provinces, cities and municipalities; and,

s) "auxiliary services" — all kinds of services done and/or rendered by BSU other than academic, such as hospital, cafeteria, janitorial, printing press, bookstore, and the like.

t) Faculty — all the teaching staff of the University.

RULE III

Coverage

SECTION 4. Coverage. — This IRR shall apply to and cover all colleges and units, academic or non-academic of the Bukidnon State University.

SECTION 5. General Mandate. — The University shall primarily provide advanced education, higher technological, professional instruction and training in the fields of education, arts and sciences, public, administration, information technology, accountancy, law and other relevant fields of study. It shall also promote research and extension service, and provide progressive leadership in its areas of specialization.

SECTION 6. Curricular Offerings. — The University shall offer graduate, undergraduate and short-term technical courses within its areas of specialization and according to its capabilities, as the Board of Regents may deem necessary to carry out its objectives, particularly to meet the needs of the Province of Bukidnon and Region X.

The existing elementary and high schools shall be transferred to the jurisdiction and supervision of the Department of Education (DepEd): Provided, That the elementary and high schools shall be allowed to remain and operate within the campus of the University until the existing students shall have completed their elementary and high school education: Provided, further, That the University may operate a reasonably-sized laboratory school, if it has a College of Education.

For purposes of this IRR, a reasonably sized laboratory school shall follow the special provisions of the General Appropriations Act (GAA) for such.

SECTION 7. 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, insofar as authorized by the Board.

RULE IV

Governing Board (GB) of Bukidnon State University; Composition; Manner of Appointment; Term of Office; Meetings and Quorum; Compensation; and Other Related Matters

SECTION 8. Governing Board (GB). — 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 Science and Technology (DOST), 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 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 prominent citizens from among a list of at least five persons qualified in the Province of Bukidnon, 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 set by the Board.

The two prominent citizens shall serve for a term of two years from the date of appointment.

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.

SECTION 9. Rights and Responsibilities of GB members. — The GB members shall have all the normal rights and responsibilities of a regular member of the Board of Directors/Board of Trustees as set forth in Batas Pambansa Blg. 68, as amended, otherwise known as "The Corporation Code of the Philippines".

The GB Chair, Vice-Chair and the members coming from the government have the right to sit as Chair, Vice-Chair and as members thereof ipso facto upon their assumption into office.

The right of the SSC/SG, Faculty, and Alumni Presidents/Chairs/Heads, and of the Student Council President/Chair/Representatives to become members of the GB shall automatically rise from their election and qualification into their respective offices.

The private sector representatives must take their oaths of office as herein after provided for before they could assume as GB members.

SECTION 10. Representatives of GB Members Coming from the Government. — If the Chairmen of the Congressional Committees on Education and Culture/Higher & Technical Education could not personally attend any regular meeting or special session of the GB of BSU, they may designate in writing their representatives to the said meeting/session which the latter should present to the GB Secretary before the start of the said meeting or session. They shall be entitled to seat, voice and vote. ECcTaS

The other GB members coming from the government shall personally attend the GB meetings/sessions.

SECTION 11. Selection, Appointment and Qualifications of the Two (2) GB Members Representing the Private Sector. —

11.1 Search Committee — A Search Committee (SC) shall be formed and constituted by the President of BSU, in consultation with the Chairman of the CHED, which shall take charge of recruiting, screening and recommending to its GB at least five (5) prominent citizens for possible appointment.

11.2 Composition of SC — The SC to be formed and constituted by the President of BSU and to be approved by the CHED chairman shall have five (5) members who shall elect from among themselves their Chair, provided that the faculty and student sectors concerned shall be represented in the SC.

11.3 Minimum Qualifications and/or Standards for Private Sector Representatives in the GB. — No person shall become a member of the GB of BSU representing the private sector unless he/she meets the qualifications and/or standards set by its GB.

 The private sector representatives shall come from the province of Bukidnon.

11.4 Results of search — The SC shall submit the names of at least five (5) nominees to the GB within thirty (30) days from the inception of its search in accordance with the procedures laid down by the SC itself.

11.5 Selection — The GB of the BSU shall select the two (2) private sector representatives from among the five (5) recommended/nominated by the SC, taking into consideration their respective qualifications and the weight of their possible contribution vis-a-vis knowledge, expertise and depth and breadth of experience to the deliberations of the GB and to the realization of the mission of the university.

11.6 Appointment — After the two (2) private sector representatives shall have been selected by the GB, they shall be appointed by it through a Resolution duly adopted by the GB.

 The two private sector representatives are appointed by the GB. As such their appointment should be signed by the GB Chair, whether CHED Chair or Commissioner.

11.7 Assumption. — The two (2) duly appointed private sector representatives shall assume office after taking their oaths before the CHED Chairman or the CHED Commissioner as Chair of BOR or before his duly designated representative.

SECTION 12. Terms of Office. — The terms of office of the President/Chair/Head of faculty and alumni associations and the Student Regent in the GB of BSU shall be contemporaneous with their terms of office in such capacities in accordance with their respective Constitution and by-laws.

Provided, however, that in the event that the student loses his status as a student by way of graduation from the university, dismissal, transfer or other such causes, then the duly elected student representative shall sit as regular member of the GB.

The two (2) private sector representatives shall serve for a term of two (2) years each. They may be re-appointed for another term only.

SECTION 13. Meetings/Sessions. — The GB of BSU may hold either regular meetings or special sessions.

13.1 Regular Meetings. — The GB must regularly convene once every quarter which shall be held every first week of every quarter.

13.2 Frequency, Date and Venue of Regular Meetings. — The frequency over and above the minimum stated in 12.1 hereof, and the date and venue of regular meetings of the GB shall be determined by the GB itself provided that only four (4) regular meetings and two (2) special meetings shall be granted the authorized allowance.

13.3 Responsibility of the President. — The President of BSU shall be responsible for making the necessary preparations to ensure the smooth holding of its GB's regular meetings or special sessions.

13.4 Special Sessions. — Special sessions of the GB may be held only upon the call of its Chair or Vice-Chair provided that the members of the Board have been duly notified in writing of the said special session three (3) days before its holding.

 GB members who believe that a special session should be conducted may petition in writing the Chair or Vice-Chair accordingly.

SECTION 14. Quorum. — A majority of all the members of the GB holding office at the time of its regular meeting or special session shall constitute a quorum for the said regular meeting or special session.

No regular meetings or special sessions of the GB, however, shall be validly held or could legally occur without the presence of either the CHED Chairman who is the Chairman of the Board or the CHED Commissioner as the duly designated Chair, or the President of BSU who is the Vice-Chairman thereof. aDHCEA

SECTION 15. Presiding Officer. — The CHED Chairman or the CHED Commissioner as duly designated Chair in his capacity as Chairman of the GB of BSU shall preside over the regular meetings or special sessions thereof, except as hereinafter provided for.

In the absence of the CHED Chairman or the CHED Commissioner as Regular Chair of BOR, the President of BSU, who is the Vice-Chairman of its GB, shall preside, except as hereinafter provided for.

SECTION 16. Representative of CHED Chairman. — In case the CHED Chairman is unable to attend any regular meeting or special session of the GB of BSU, he may designate in writing one of the CHED Commissioners to represent him in the said regular meeting or special session.

The CHED Commissioner so designated shall not preside over the regular meeting or special session of the GB but shall have all the rights and responsibilities of a member thereof.

SECTION 17. Designation of Chair by CHED Chairman. — The CHED Chairman who is the Chairman of the GB of all chartered SUCs may designate in writing a CHED Commissioner to act as the regular Chair of the GB of BSU and/or in any of its regular meetings or special sessions in which case the CHED Commissioner so designated shall act as the presiding officer.

SECTION 18. No Compensation for the Chairman, Vice-Chairman and Members of GBs. — The Chairman, Vice-Chairman and Members of the GB of the BSU shall not receive any regular compensation as such but they shall receive entitlements to actual allowances allowed by law, and reimbursement of necessary expenses incurred during or in conjunction with their attendance in the regular meetings or special sessions of the GB or in connection with their performance of official business duly authorized by the GB through a Resolution.

RULE V

Powers and Duties of the Governing Board

SECTION 19. Powers and Duties of Governing Board (GB). — The GB of BSU shall have the following powers and duties, in addition to its general powers of administration and the exercise of all the powers granted to a Board of Directors of a corporation under Section 36 of Batas Pambansa Blg. 68, otherwise known as the "Corporation Code of the Philippines", thus:

a) to enact rules and regulations not contrary to law 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 and in accordance with 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, as amended;

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

Such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donor.

The Commissioner of the Bureau of Internal Revenue and the Secretary of Finance shall be informed by the Board of such donations in order to effect the necessary tax exemptions as herein provided.

e) to fix the tuition fees and other necessary charges, such as, but not limited, to matriculation fees, graduation fees and laboratory fees, as they 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 interest that shall accrue therefrom shall be part of the same fund for the use of the university; Provided, that income derived from university hospitals shall be exclusively earmarked for the operations of the hospitals.

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 disbursed 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 they are collected. HDAaIc 

Other programs/projects of the University which fall under this purview include but are not limited to:

a. Faculty and staff development;

b. Socio-cultural literary activities for the purpose of non formal learning;

And other such programs which directly or indirectly benefit instruction, research, and extension.

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 greater access to poor but deserving students;

g) to authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personal properties, including necessary supplies, materials and equipment. Purchases and other transactions entered into by the university through its Governing Board (GB) shall be exempt from all taxes and duties.

h) to appoint, upon the recommendation of the President of the university, the institution's Vice President(s), Deans, Directors, heads of departments, faculty members and other officials and employees;

i) to fix and adjust salaries of faculty members and administrative officials and employees, subject to the provisions of the revised compensation and 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 provisions 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, institutional programs and rules of discipline drawn by the administrative and academic councils as hereinafter 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 or in any field of specialization within the academic competence of the university and to authorize the award of certificates of completion of non-degree and non-traditional courses;

m) to absorb non-chartered tertiary institutions within the respective provinces where the university is located, in coordination with the CHED which must approve the same, and in consultation with the Department of Budget and Management, and to offer therein needed programs or courses in order to promote and carry out equal access to educational opportunities mandated by the Constitution;

n) to establish research and extension centers of the university where such will promote its development;

o) to establish Chairs in the university and to provide fellowship for qualified faculty members, and scholarships to deserving students;

p) to delegate any of its powers and duties provided for herein above 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, and request the CHED to finance the same, subject to COA rules and regulations; and to institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

r) to collaborate with the other GBs of chartered SUCs within the province or the region, under the supervision of the CHED which must approve the same, and in consultation with the Department of Budget and Management, and work towards their restructuring so that they will 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 is to be used for the development and strengthening of the university or college;

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

u) to develop academic arrangements for institution-capability building with appropriate institutions and agencies, public or private, local or foreign and to appoint experts/specialists as consultants, or visiting or exchange professors, scholars, 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 system, open learning or distance education, community laboratory, etc., for the promotion of greater access to higher 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, the management of non-academic services such as health, food, building or grounds, or property maintenance, and similar such other activities; and,

y) to extend the services of an incumbent President of BSU, beyond the compulsory age of retirement but not later than the age of seventy (70), whose performance has been unanimously rated by the GB as outstanding, after unanimous recommendation by the Search Committee (SC) concerned. SCDaHc

RULE VI

Promulgation and Implementation of Policies by Governing Board (GB)

SECTION 20. Promulgation and Implementation of Policies by GB. — The GB of BSU may promulgate and implement policies vis-a-vis higher education within BSU provided these are consistent with the declared state policies on education and other pertinent provisions of the Constitution of the Philippines on education, science and technology, arts, culture and sports, and with the policies, standards and thrusts of the CHED and of Republic Act No. 7722, otherwise known as the "Higher Education Act of 1994".

RULE VII

The Administration of BSU; The President of BSU; His Selection and Appointment; Minimum Qualifications; Term of Office; Re-Appointment; Tenure of Incumbent; Vacancy in the Office of the President; Other Officers

SECTION 21. Administration of BSU. — The administration of BSU is vested on its President who must render full-time service.

SECTION 22. President of BSU; Selection; Appointment. — The President of BSU shall be selected and appointed by its GB upon the recommendation of a Search Committee for the Presidency (SCP) duly constituted by it.

SECTION 23. SCP. — Within six (6) months before the expiration of the term of office of the incumbent President of BSU, the GB of BSU must constitute a SCP.

The composition of the SCP shall be determined by the GB taking into consideration representatives from the academic community, a private sector representative not in any way connected or associated with the university, PASUC representative, and a CHED representative.

SECTION 24. Powers of the SCP. — The SCP so constituted shall recruit and screen applicants for the President and may devise its own procedures for the search. To this end, the SCP shall cause the publication of an open invitation for the presidency in a paper of national circulation.

SECTION 25. Nominees. — The SCP shall submit the names of at least 3 nominees to the GB citing therein the strengths and weaknesses of the nominees for guidance and information of the Board as well as the enumeration and description of the criteria and procedures employed in their search.

SECTION 26. Appointment Papers. — After the GB shall have selected and appointed the new President, his appointment papers shall be signed by the CHED Chairman or the CHED Commissioner duly designated as Regular Chair of the GB.

SECTION 27. Minimum Qualifications. — The applicant for the Presidency of BSU must possess the qualifications and/or standards set by its GB.

SECTION 28. Term of Office. — President of BSU appointed by its GB in accordance with this IRR shall have a term of four (4) years, the beginning and end of which must be clearly specified in the appointment made by the GB.

SECTION 29. Re-appointment. — President of BSU appointed under this IRR shall be eligible for re-appointment for another term only.

In case the incumbent is eligible and qualified per standards set by the GB in accordance with R.A. 8292 for re-appointment, no search need be conducted, at the discretion of the GB. The GB may prescribe the terms and conditions under which this discretion may be exercised such as but not limited to an evaluation of the performance of the incumbent.

SECTION 30. Tenure of Incumbents. — Incumbent President of BSU who was appointed under and by virtue of previous laws, rules and regulations shall continue in office until his/her term expires, unless sooner removed for cause. President who wish to continue serving in such capacity at the expiration of his/her term shall be evaluated by the Governing Board or by any process and procedure prescribed by it.

SECTION 31. Vacancy in the Office of the President. — In case of vacancy by reason of death, transfer, resignation, removal for cause or incapacity of the incumbent President to perform the functions of his office, the CHED Chairman or the CHED Commissioner as Chair of the BOR, shall within fifteen (15) days from the occurrence of such vacancy, designate an Officer-in-charge (OIC) in the Office of the President (OP), subject to confirmation by the GB. ATHCDa

SECTION 32. Appointment of New President after Vacancy Occurs. — In case a new President is appointed by the GB of BSU after a permanent vacancy occurs in the Office of the President but during the term of office of the original appointee, the new President as his successor shall hold office only for the unexpired portion of his term. 

This service for the unexpired term shall not, however, count as one (1) full-term for purposes of appointment/re-appointment.

SECTION 33. Other Officers. — A Vice President for Academic Affairs, who shall assist the President of BSU, shall be appointed by the GB upon the recommendation of the President.

When so warranted, other Vice-Presidents may be appointed by the GB upon the recommendation likewise of the President.

RULE VIII

Secretary and Ex-Officio Treasurer of BSU; Audit

SECTION 34. Secretary. — The GB of BSU shall respectively appoint their Board Secretary who shall likewise act as the University Secretary.

The Board Secretary so appointed shall, among others, keep all the records and the minutes of the proceedings of the GB and shall communicate to the Chairman, Vice-Chairman and members of the GB notice of all regular meetings, special sessions and other undertakings of the GB.

SECTION 35. Ex-officio Treasurer. — The Treasurer of the Philippines shall be the ex-officio treasurer of BSU.

SECTION 36. Audit. — All accounts and expenses of BSU shall be audited by the Commission on Audit (COA) or its duly authorized representative.

RULE IX

Administrative Council (ADCO); Academic Council (AC)

SECTION 37. Administrative Council (ADCO). — There shall be created in BSU an Administrative Council (ADCO) which shall be composed of its President as Chairman and with its Vice-President(s), Deans, Directors, and other officials of equal rank as Members.

The President of BSU as Chairman thereof shall constitute the ADCO.

SECTION 38. Duty of ADCO. — The ADCO of BSU so formed and constituted shall review and recommend in accordance with its GB appropriate policies governing the administration, management and development planning of BSU for the latter's action as it may deem fit.

SECTION 39. Academic Council (AC). — There shall be established and constituted in BSU an Academic Council (AC) with its President as Chairman and all the members of its instructional staff with the rank of not lower than Assistant Professor as members.

The President of BSU as Chairman thereof shall constitute the AC.

SECTION 40. Powers of the AC. — The AC so formed and constituted in BSU shall have the following powers, in accordance with Sec. 4, Par. (o) & (v) of R.A. 8292 to wit:

a) Determine, review and recommend for the approval of its GB the course offerings of BSU;

b) Devise/draft, review and recommend for the approval of its GB the rules of discipline of and for the BSU; and

c) Fix the requirements for the admission of students in the BSU as well as for their graduation and the conferment of degrees and submit the same to its GB for review and/or approval in accordance with Sec. 4, Par. (l) of R.A. 8292. ITAaCc

RULE X

Academic Freedom and Institutional Autonomy of BSU

SECTION 41. Academic Freedom and Institutional Autonomy. — BSU shall enjoy academic freedom and institutional autonomy as provided for in B.P. 232, R.A. 8292 and Par. 2 Sec. 5 of Art. XIV of the 1987 Constitution.

RULE XI

No Discrimination in Admission of Students in BSU

SECTION 42. No Discrimination in Admission of Students in BSU. — No student shall be discriminated against and denied admission in BSU by reason of sex, nationality, religion, political affiliation, or physical disability.

RULE XII

Filing of Report by the President of BSU

SECTION 43. Filing of Report by the President of BSU. — On or before the fifteenth (15th) day of the second month after the opening of regular classes each year, the President of BSU shall file with the Office of the President of the Philippines, through the Office of the CHED Chairman or the CHED Commissioner serving as Chair of the BOR, and with the Senate and House of Representatives of the Congress of the Philippines, through their respective heads, a detailed report on the progress, conditions and needs of BSU.

RULE XIII

Transitory Provisions

SECTION 44. Election of Student Regent. — The President must cause the holding of a free and honest election to choose the Student Regent immediately after the effectivity of this IRR, allowing for this purpose at least one (1) week for the campaign and the said election.

SECTION 45. Establishment of SSC/SG. — President of BSU must see to it that there exists in BSU a free and independent SSC/SG, to ensure that its students are represented in the GB, including the election of a Student Regent, if the students so themselves desire.

SECTION 46. Officer-in-Charge (OIC) in the Office of the President (OP) of BSU. — For the purposes only of this IRR, Officer-in-Charge (OIC) in the Office of the President (OP) of BSU for temporary period of time in the absence of the president, shall exercise the powers and responsibilities appertaining to a President of BSU.

In this case, the OIC shall be designated by the president prior to his official leave from the OP.

SECTION 47. Status of Present Members of the GB of BSU. — Members of the GB of BSU coming from the government who are no longer members under this IRR shall no longer be considered as such immediately upon the effectivity hereof.

SECTION 48. Alumni Association. — For the purposes of this IRR, the alumni of Bukidnon State College shall constitute the membership of the newly established Bukidnon State University Alumni Association.

SECTION 49. Term of Office of Incumbent President of BSU. — The present term of office of incumbent President of BSU appointed under previous laws shall be respected and shall constitute as one (1) term for the purposes of this IRR. ATcEDS

Depending upon the discretion of its GB in accordance with Sec. 4 par. (x) of RA 8292, he/she may be re-appointed for another term of four (4) years only.

President whose term expired within the period covered by R.A. 9456 and who was subsequently re-appointed by its GB shall, no longer be eligible for another re-appointment, provided, however, that should the appointment be the result of a search process then such a term shall be considered as one (1) (first) term only under this IRR.

In no case, however, shall a President be re-appointed for more than two (2) terms in the BSU.

RULE XIV

Parity Clause

SECTION 50. 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.

RULE XV

Separability Clause

SECTION 51. Separability Clause. — If for any reason, any part or provision of this IRR is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

RULE XVI

Repealing Clause

SECTION 52. 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.

RULE XVII

Effectivity Clause

SECTION 53. Effectivity Clause. — This IRR shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation in the Philippines.

APPROVED by the Board of Regents on 14 August 2009 at Quezon City, Philippines.

Published in the Malaya on September 11, 2009.