Supreme Court E-Library
Information At Your Fingertips

H. No. 8978 / 65 OG No. 22, 5584 (June 2, 1969)

[ REPUBLIC ACT NO. 5270, June 15, 1968 ]

AN ACT CONVERTING THE PABLO BORBON MEMORIAL SCHOOL OF ARTS AND TRADES INTO THE P4BL0 BORBON MEMORIAL INSTITUTE OF TECHNOLOGY GIVING IT CORPORATE EXISTENCE, PROVIDING FOR A BOARD OF TRUSTEES, DEFINING THE BOARD'S RESPONSIBILITIES AND DUTIES, PROVIDING HIGHER VOCATIONAL, PROFESSIONAL, TECHNICAL AND TECHNOLOGICAL INSTRUCTION AND TRAINING IN TRADE AND INDUSTRIAL EDUCATION, OFFERING OF TECHNOLOGICAL AND ENGINEERING COURSES,AND FOR OTHER PURPOSES.

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

SECTION 1. The present Pablo Borbon Memorial School of Arts and Trades, located  in the Municipality of Batangas, Province of Batangas, hereby converted into the Pablo Borbon Memorial Institute of Technology which shall offer not only its present four-year secondary trade, four-year technical courses and four-year courses leading to the degrees of Bachelor of Science in Industrial Arts and Bachelor of Science in Industrial Education but also the two-year graduate course leading to the degree of Master of Arts in Industrial Education, and as soon as facilities warrant, to offer engineering courses, particularly Bachelor of Science in Mechanical Engineering and Bachelor of Science Electrical Engineering.

SEC. 2. The purpose of said institute of technology shall provide higher vocational, professional, and technical instruction and training in trade and industrial education and  other   vocational   courses,   and   to   offer  engineering courses to uplift the technological potential and talents of the youth in this part of the archipelago; and for special purposes to promote research,  advance  studies and progressive leadership in the field of trade, technical, industrial and technological education.

SEC. 3. The head of this institution shall be known as the President of the Pablo Borbon Memorial Institute of Technology. He shall be appointed by the President of the Philippines upon the recommendation of the Board of Trustees, subject to the confirmation of the Commission on Appointments. The powers and duties of the President of the Institute, in addition to those specifically provided for in this Act, shall be those usually pertaining to the office of the president of a college.

SEC. 4. The government of the Pablo Borbon Memorial Institute of Technology is hereby vested in a Board of Trustees, to be composed of the Secretary of Education, who shall be ex-officio Chairman of the Board, the Chairman of the Committee on Education of the Senate, the Chairman of the Committee on Education of the House of Representatives, the Director of Vocational Education, the President of the Institute, the President of the Pablo Borbon Memorial Institute of Technology Alumni Association, and the President of the Chamber of Industries of the Philippines, as members. In the absence or inability of the Secretary of Education, the Undersecretary of Education shall act as the ex-officio Chairman of the Board. In the absence or inability of both the Secretary and Undersecretary of Education or when these positions are vacant, the other members of the Board may elect from among themselves a temporary chairman who shall act as the Chairman.

The members of the Board of Trustees shall serve with­out compensation, but shall be entitled to reimbursement for actual and necessary expenses incurred either in attendance upon meetings of the Board or upon other official business authorized by resolution of the Board.

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

(a) To appropriate such sums as may be provided by law for the support of the Institute;

(b)  To confer the degrees of  Bachelor  of Science in Industrial  Arts, Bachelor of Science in Industrial Education, Bachelor of Science in Technical Education, Bachelor of Science in Engineering, and Master of Arts in Industrial Education to successful candidates for graduation;

(c)  To authorize the president of the Institute to award proficiency certificates to students who have finished the first two years of the four-year curriculum in technical education and/or diploma to those who have completed the four-year curriculum in Bachelor of Science in Industrial Arts, Bachelor of Science in Industrial Education, Bachelor of Science in Technical Education, five-year curriculum in Bachelor of Science in Engineering and Master's degree in Industrial Education;

(d)  To appoint, on recommendation of the President of the Institute, dean of instruction, registrar, heads of de­partments,   professors,   instructors,   lecturers,   and   other employees of the Institute; to fix their compensation, hours of service, and such other duties and conditions as it may deem proper; to grant them, in  its discretion,  leave of absence under such regulations as it may promulgate, any provision of law to the contrary notwithstanding, and to remove them for cause after an investigation and hearing shall have been had;

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

(f)  To fix, in as moderate as possible, the tuition fees required of students, as well as matriculation fees, graduates, and fees for laboratory courses, and all special fees which shall constitute a special trust fund for the Institute and to remit such fees in the case of deserving students;

(g) To provide fellowships  for  faculty members  and scholarships to students showing special evidence of merit;

(h) To prescribe rules for  its  own  government, and to enact for the government of the Institute such rules and regulations, not contrary to law, as may be necessary to carry out the purposes and functions of the Institute as defined in Section two of this Act;

(i) To receive in trust legacies, gifts, and donations of real and personal property of all kinds and to administer the same for the benefit of the Institute, or of the depart­ment thereof, 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 Board of Trustees may in its discretion determine.

SEC. 6. A quorum of the Board of Trustees shall consist of a majority of all the members. All processes against the Board of Trustees shall be served on the Chairman or Secretary thereof,

SEC. 7. On or before the fifteenth day of June of each year, the Board of Trustees shall file with the President of the Philippines a detailed report, setting forth the progress, conditions, and needs of the Institute.

SEC. 8. There shall be an Institute Council, consisting of the President of the Institute, Dean of Instruction, registrar, department heads, professors, and all instructors of the Institute. The Council shall have the power to prescribe the curricula and rules of discipline, subject t the approval of the Board of Trustees. It shall fix the requirements for admission to the Institute, as well as for graduation and the receiving of a title or degree. The Council alone shall have the power to recommend students or others to be recipients of titles or degrees. Through its president or committee, it shall have disciplinary power over the students within limits prescribed by the rules o. discipline approved by the Board of Trustees.

SEC. 9. The body of instructors, professors, department heads, registrars, Dean of Instruction shall constitute faculty of the institute, with the President of the Institute as the presiding officer.    In the appointment of professors, guest professors, guest   lecturers,   registrar,   departing heads, instructors and office personnel of the Institute, no religious test  shall   be   applied,   nor   shall  the religious affiliation of the faculty of the Institute be made a matter of examination or inquiry:  Provided, That no instructor or professor in the Institute shall inculcate sectarian tenets in any of the teachings, nor attempt either directly or indirectly, under penalty, of dismissal by the Board of Trustees,  to   influence students  or attendants Institute for or against any particular church or religious sect.       

SEC. 10. The registrar, in addition to his regular duties, shall act  as the secretary of the Institute who shall be at the same time the Secretary of the Board of Trustees and shall keep such records of the Institute or such other duties as may be designated by the Board.

SEC. 11. The Dean of Instruction, registrar, professors and other regular instructors in the institute shall be exempt as such from any civil service examination or regulations as a requisite to appointment.

SEC. 12. The Board of Trustees shall fix the compensation of the employees and other personnel of the Institute whose appointment will be recommended by the president of the Institute.

SEC. 13. The compensation per annum of the following shall be fixed by law: President—eighteen thousand pesos; Registrar—ten thousand eight hundred pesos; Dean of Instruction—ten thousand eight hundred pesos; Department Heads —ten thousand pesos; Professors—nine thousand six hundred pesos; Instructors—four thousand two hundred pesos to eight thousand four hundred pesos.

SEC. 14. The President of the Institute, with the cooperation of Division Superintendents and/or Superintendents of School of Arts and Trades, may use one or more of their secondary  or elementary schools as training or laboratory schools  for student teaching of the Institute.

SEC. 15. Heads of bureaus and offices of the National Government are hereby authorized to loan or transfer, upon request of the President of the Institute such apparatus, equipment or supplies as may be needed by the Institute, and to detail  employees therein for duty when in the judgment of the heads of the bureaus or offices such apparatus, equipment, supplies or employees can be spared without  serious detriment to the public service.    Employees so detailed shall perform such duties as are required under such detail and the time so employed shall count as part of the regular service.

SEC. 16. In order not to interrupt the smooth functioning of the present curricula of the Pablo Borbon Memorial School of Arts and Trades, the faculty of the school as well as the other personnel shall be absorbed by the new Institute with the incumbent superintendent performing the functions of the President of the Institute and the head of the teacher education department, the functions of the Dean of Instruction; the registrar carries over his duties as registrar of the Institute. Salaries of those personnel shall be adjusted in accordance with the provisions of Section thirteen of this Act. Personnel which do not fall under the provisions mentioned in the preceding statement shall have their salaries adjusted at the discretion of the Board of Trustees within the amount available for appropriation. Salary increase of office personnel may be effected by the Board of Trustees upon recommendation of the President of the Institute when their efficiencies warrant.

SEC. 17. The Treasurer of the Philippines shall be ex-officio treasurer of the Institute and all accounts and expenses thereof shall be audited by the Auditor General or his duly authorized representatives.

The present Auditor I of the Pablo Borbon Memorial School of Arts and Trades shall continue to be the duly authorized representative of the  Auditor   General   with minimum entrance salary of six thousand pesos per annum. He shall be assisted by two auditing aides I to be appointed by the General Auditing Office through the recommendation of the President of the Institute with a compensation of two thousand five hundred forty-four pesos per annum each as minimum entrance salary. Their salary may increased from year to year through the recommendation of the President to the Board of Trustees.

SEC. 18. All the personnel, properties, records, obligations and  appropriations of the Pablo Borbon Memorial School of Arts and Trades are hereby transferred to the Pablo Borbon Memorial Institute of Technology.

SEC. 19 The sum  of nine  hundred  thousand pesos  is authorized to be  appropriated,  out of  any funds in the National Treasury not otherwise appropriated, for the conversion, operation and maintenance of said Institute including  the construction   of   two   buildings  during the fiscal year nineteen hundred sixty-nine. Thereafter, such sum as may be needed for its operation and maintenance mil be included in the annual General Appropriations Act.

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

Enacted without Executive approval, June 15, 1968.