The Benguet State University (BSU) management would like to clarify its position regarding the illegal occupation and development activities on its property located in Bektey, Longlong, La Trinidad, Benguet.
The subject land, situated within Lot 1-A-1-A, is owned by BSU and designated for educational and institutional development. BSU employees formerly occupied portions of the area for housing, while informal settlers claimed and settled other sections. To assert control over the land and discourage illegal occupation, the occupant proposed to lease and develop a portion of the property for a restaurant and carwash business. The proposal was initially entertained by the former administration with the intention of securing BSU’s claim and displacing illegal settlers, provided that all documentation and needed approval from proper authorities are to be secured. However, before any formal lease agreement could be finalized and approved by the board, the occupant proceeded with the construction and development activities.
The occupant undertook improvements on the property without the approval of BSU’s governing body—the Board of Regents (BOR). Despite multiple cease-and-desist orders issued by the University, the occupant continued with construction, willfully ignoring institutional directives. Assuming that there is a Memorandum of Agreement (MOA) or lease contract, the same was not submitted to the BOR, whose approval is a mandatory prerequisite for such arrangement.
The core issue is whether the occupant’s continued occupation and development of the property is lawful in the absence of an approved lease agreement, particularly when these actions directly contradict official BOR resolutions. The answer is clearly no. Under Section 4(r) of Republic Act No. 8292 (the Higher Education Modernization Act of 1997), it is the exclusive authority of the BOR to approve and enter into any joint ventures, lease agreements, or similar arrangements concerning university properties. Any agreement entered into without the Board’s approval is considered null and void and carries no legal weight.
In light of past controversies surrounding unauthorized lease arrangements, the BOR issued two pertinent resolutions during its meeting on February 15, 2023. First, BOR Resolution No. 04, series of 2023, declared a moratorium on all lease agreements involving BSU properties. This resolution further instructed the former University President to refrain from entertaining, negotiating, or renewing any such agreements until the Board has fully addressed all related legal and administrative issues. Second, BOR Resolution No. 17, series of 2023, explicitly deferred any action on proposed developments on any BSU land, including income-generating projects, infrastructure, and other activities.
Despite these directives, the occupant proceeded with unauthorized development on the Bektey lot. In view of these violations, the University reiterates that the occupant’s continued presence and construction on the property are illegal. These actions not only undermined the authority of the BOR but it also violated national laws and university protocols.
Benguet State University is committed to protecting its institutional landholdings and uphold the rule of law. The University will exhaust all available legal remedies to reclaim full control over the Bektey property and prevent further encroachment. The university calls on all concerned government agencies, public officials, and stakeholders to support its efforts in defending its legal rights and maintaining the integrity of public educational assets. Moving forward, BSU will remain vigilant and proactive in ensuring that its properties are used lawfully and solely for the benefit of its academic community and future generations.