|Section 1. The
Malita Municipal High School, in the Municipality of Malita, Province
of Davao del Sur, is hereby converted into an agri-business and aquatic
school of technology, to be known as Malita Agri-Business and Marine
Aquatic School of Technology, hereinafter called School of Technology,
which shall offer courses leading to the degrees of Bachelor of Science
in Agri-Business Education and Bachelor of Science in Aquatic and
Sec. 2. The School of Technology shall primarily
provide higher technologies and vocational instruction and training in
science, agricultural and industrial fields, as well as short term
technical or vocational courses. It shall promote research, advance
studies and progressive leadership in its areas of specialization.
Sec. 3. In addition to its present secondary
circular offering, the School of Technology shall offer undergraduate
and graduate courses in the fields of marine and aquatic science,
agriculture and industry as the Board of Trustees may deem necessary.
Sec. 4. No student shall be denied admission to
the School of Technology by reason of sex, ethnic considerations or
religious belief or affiliation.
Sec. 5. The head of the School of Technology shall
be known as the President of the Malita Agri-Business and Marine and
Aquatic School of Technology. He shall be appointed by the President of
the Philippines upon recommendation of the Board of Trustees.
His salary shall be fixed by the Board of Trustees subject to
Presidential Degree No. 985 and other budget and compensation laws.
The powers and duties of the President of the School of Technology, in
addition to those specifically provided for in this Act, shall be those
usually pertaining to the office of the president of a college or
Sec. 6. The governing body of the School of
Technology shall be the Board of Trustees of the Malita Agri-Business
and Marine and Aquatic School of Technology. It shall be composed of
the Minister of Education and Culture as Chairman, the Regional
Director of the National Economic and Development Authority, the
President of the Malita Agri-Business and Marine and Aquatic School of
Technology, and four (4) prominent citizens of Region XI to be
appointed by the President of the Philippines as members.
Of the four appointed members one shall be a representative for
science, one for agriculture, one for business and one for marine and
aquatic science; Provided, That at least one of the four appointed
members shall be an alumnus of the former Malita Municipal High School.
Of the first group appointed, the President of the Philippines shall
designate one to serve for one year; one to serve for two years; one to
serve for three years; and one to serve for four years. Thereafter,
persons appointed to succeed such members shall hold office for a term
of four years and until their successors who should be experts in the
same field shall have been appointed and qualified. In case of
permanent vacancy, the position shall be filed by appointment by the
President of the Philippines. Such appointee shall hold office for the
unexpired term only.
When the Minister of Education and Culture is unable to perform his
duties as Chairman of the Board due to illness, absence or other cause,
or in case of a vacancy in the office, the Deputy Minister of Education
and Culture shall temporarily perform the functions of the Chairman of
the said Board. The Chairman may assign qualified officials to
represent him with full authority in the Board.
Sec. 7. A quorum of the Board of Trustees shall
consist of a majority of all the members holding office at the time a
meeting is called. All processes against the Board of Trustees shall be
served on the Presidency or Secretary thereof.
Sec. 8. The members of the Board of Trustees shall
be entitled to an allowance of one hundred pesos per meeting actually
attended but not more than three hundred pesos a month: Provided, That
they shall be reimbursed 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, subject to existing
budget laws on honoraria and allowances.
Sec. 9. The Board of Trustees shall have the
following powers and duties in addition to its general powers and
administration, and the exercise of all the powers of a corporation as
provided in Section Thirty-six of Batas Pambansa Blg. 68, otherwise
known as the Corporation Code of the Philippines.
(a) To receive and appropriate for the purpose
specified by law such sums as may be provided for the support of the
School of Technology;
(b) To confer degrees upon successful candidates for
graduation of the School of Technology. It may also confer honorary
degrees upon persons in recognition of learning, statesmanship, or
eminence in any of the fields of specialization of the School of
Technology, or in recognition of public service: Provided, That such
degrees shall not be conferred in consideration of or to reciprocate
some personal favor;
(c) To authorize the President of the School of
Technology to award proficiency certificates of diplomas to students
who have completed non-degree courses;
(d) To appoint, on recommendation of the President of
the School of Technology, a vice president deans, directors, secretary
of the School of Technology, registrar, heads of departments,
professors, instructors, lecturers, and other officials and employees
of the School of Technology; to fix their compensations, subject to
Presidential Decree No. 985 and other pertinent budget and compensation
laws, hours of service, and such other duties and conditions as it may
deem proper; to grant to them at its discretion, leave of absence under
such regulations as it may promulgate, any provision of existing law to
the contrary notwithstanding; to remove them for cause after an
investigation and hearing; to establish Chairs in the School, and to
provide for the maintenance or endowment of such Chairs as may be
(e) To approve the curricula and rules of discipline
drawn by the School Council as hereinafter provided;
(f) To provide fellowships for qualified faculty
members and scholarships to deserving students;
(g) To prescribe rules for its own government and to
enact for the government of the School such rules and regulations, not
contrary to law, as may be necessary to carry out the purposes and
functions of the School;
(h) 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 School, or the departments 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 Trustee may in its discretion determine. All such
donations shall be exempt from all taxes and to be considered as
deductible items from the income tax of the donors; and
(i) To authorize the establishment of other branches
of the School of Technology and to designate as such other schools of
secondary level within the Province of Davao del Sur: Provided, That
the funds for the purpose shall come from its
Sec. 10. On or before the fifteenth day of the
second month after the opening of regular classes each year, the Board
of Trustees shall file with the Office of the President of the
Philippines a detailed report, setting forth the progress, conditions,
and needs of the School.
Sec. 11. There shall be a School Council
consisting of the President of the School and all members of the
faculty with the rank of professors. The Council shall have the power
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 School, as well as for graduation and the conferring
of degrees subject to review by the Board of Trustees. The Council
alone shall have the power to recommend students or others to be
recipients of degrees. Through the President of the School or its duly
authorized power over the students within the limits prescribed by the
rules of discipline.
Sec. 12. The body of instructors and professors of
the School shall constitute the faculty of the School.
Sec. 13. No member of the faculty of the School
shall attempt directly or indirectly, under penalty of dismissal by the
Board of Trustees, to influence students or any person in the School
towards any ideology, political or otherwise, which preaches the
overthrow of the government through violence or subversion.
Sec. 14. There shall be a Secretary of the School
who shall be appointed by the Board of Trustees upon recommendation of
the President of the School. He shall also be the Secretary of the
Board and shall keep such records of the School as may be determined by
the Board of Trustees.
Sec. 15. The Treasurer of the Philippines shall be
ex-officio treasurer of the School and all accounts an expenses
therefor shall be audited by the Commission on Audit or its duly
Sec. 16. Heads of bureaus and offices of the
National Government are hereby authorized to loan or transfer, upon
request of the President of the School, such apparatus, equipment,
supplies, or the services of such employees as can be spared without
serious detriment to the public service. Employees so detailed shall
perform such duty as required under such detail and the time so
employed shall be counted as part of their regular official service.
Sec. 17. All assets of the Malita Municipal High
School, whether fixed or movable, records and personnel, are hereby
transferred to the Malita Agri-Business and Marine and Aquatic School
Sec. 18. The amount of two hundred thousand pesos
for the operation of the school shall be charged to the appropriations
authorized by Batas Pambansa Blg. 80 and Batas Pambansa Blg. 131 for
the Ministry of Education and Culture intended for new national
schools: Provided, That the local government unit concerned shall
continue to provide its share in the cost of operating and maintaining
said school. Starting Calendar Year 1983 such sum as may be necessary
for the operation and maintenance of the school shall be provided in
the Annual General Appropriations Act.
Sec. 19. The Minister of Education and Culture is
hereby directed to take such steps as are necessary for the immediate
implementation of this Act.
Sec. 20. All laws inconsistent with the provisions
of this Act are hereby repealed or amended accordingly.
Sec. 21. This Act shall take effect upon its
Approved: February 8, 1982.
(P.B. No. 242)