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PRESIDENTIAL DECREE NO. 1312
PRESIDENTIAL DECREE NO. 1312
- CONVERTING THE MINDANAO INSTITUTE OF TECHNOLOGY INTO THE UNIVERSITY
OF SOUTHERN MINDANAO
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WHEREAS,
the constitution of the Philippines directs the State to establish and
maintain a complete, adequate and integrated system of education
relevant to the goals of national development, and further prescribes
that all educational institutions shallm, among other things, to
develop scientific, technological and vocational efficiency;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 6-A, promulgated on September
29, 1972, it has been declared a policy of the Government to orient the
educational system towards an accelerated national economic
growth; chanroblesvirtualawlibrary
WHEREAS, the southern part of Mindanao needs a state university to help
in accelerating the socio-economic development of the
region; chanroblesvirtualawlibrary
WHEREAS, the Mindanao Institute of Technology, established under
Republic Act Numbered Seven Hundred Sixty Three as amended by Republic
Act Numbered Four Thousand One Hundred Twenty Seven, situated in the
Municipality of Kabacan, Province of North Cotabato, has achieved a
high degree of development that it is now capable of rendering greater
service to the people of Mindanao; chanroblesvirtualawlibrary
WHEREAS, the Institute is strategically located, being situated at the
intersection of the highways connecting the cities of Cotabato, Davao
and Cagayan de Oro and, therefore, very accessible to students from the
different parts of Mindanao;chanroblesvirtualawlibrary
WHEREAS, the Conversion of the Mindanao Institute of Technology into a
University which broadens its curricular offerings would permit the
enrollment of more students in different higher education courses, thus
hastening the integration of Christians, Muslims, and other cultural
communities in Southern Mindanao.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, and pursuant
to Proclamation No. 1081 dated September 21, 1972, as amended, do
hereby order and decree to be part of the laws of the land the
following:cralaw:red
Section 1. The present Mindanao Institute of
Technology, located in the Municipality of Kabacan, Province of North
Cotabato, is hereby converted into the University of Southern Mindanao
(USM).
Section 2. The University shall have the following
major functions: chanroblesvirtualawlibrary
a. Provide programs of instruction and professional
training primarily in the fields of science and technology, specially
in agriculture and industrial fields; chanroblesvirtualawlibrary
b. Promote advance studies, research and extension
services and progressive leadership in all fields of agriculture,
including agribusiness, foods and nutrition, fishery, forestry, animal
and veterinary sciences, engineering, industrial education, and other
courses needed in the socio-economic development of
Mindanao; chanroblesvirtualawlibrary
c. Develop courses at the graduate level along its
fields of specialization to respond to the needs of development workers
in the academic community in the region;chanroblesvirtualawlibrary
d. Provide non-formal education and undertake
vigorous extension and research programs in food production, nutrition,
health and sports development; and
e. Offer scholarships and/or part-time job
opportunities to deserving students from low-income families.
Section 3. The University of Southern Mindanao shall
have the general powers of a corporation set forth in the Corporation
Law, and the administration of such University and the exercise of its
corporate powers are vested exclusively in the Board of Regents and in
the President of the University insofar as authorized by said Board.
Section 4. The head of the University shall be known
as the President of the University of Southern Mindanao. He shall be
appointed by the Board of Regents for a term of six years with a
contingent appointment of University Professor in his discipline and a
compensation to be fixed by the said Boards. The powers and duties of
the President of the University, in addition to those specifically
provided for in this decree, shall be those usually pertaining to the
Office of the President of the University.
Section 5. The governing body of the University shall
be the Board of Regents of the University of Southern
Mindanao. chanroblesvirtualawlibrary
a. The Board of Regents shall take appropriate steps
to ensure that the establishment of the University of Southern Mindanao
shallm at the speedy realization of the goals above indicated;chanroblesvirtualawlibrary
b. To facilitate this objective, there shall be a
Board of Regents of eight members composed of:cralaw:red
1. Secretary, Department of
Education and Culture Chairman
2. University President
Vice-Chairman
3. Director for Regional Planning,
National Economic & Development
Member
Authority (NEDA)
4. President of the USM Alumni
Association Member
5. One prominent Muslim of
the Region to be appointed by the
President of the Philippines upon
recommendation of the Secretary of
Education and Culture Member
6. Secretary, Department of
Agriculture Member
7. Chairman, National
Science Development Board Member
8. A representative of the
USM Student Body Member
c. Members of the Board shall serve without
compensation in any form whatsoever, whether as salary, honorarium,
allowances or other emoluments; Provided, however, that actual and
necessary expenses incurred either in attendance upon meeting of the
Board or upon other official business duly authorized by the Board may
be reimbursed by the members.
Section 6. In addition to its general powers of
administration, the Board of Regents shall have the following powers
and duties:cralaw:red
a. To appoint, upon the recommendation of the
President, the following:cralaw:red
(1) The Secretary of the University, and other
officers of administration therein; chanroblesvirtualawlibrary
(2) The deans, directors, or heads of colleges,
schools, institutes and other principal units of the University,
academic or non-academic, which are not supervised by or attached to
such units;chanroblesvirtualawlibrary
(3) Faculty members with the rank of associate
professor or higher, professional lecturers, visiting or exchange
faculty; and other officers and employees whose starting salaries are
at least equal to that of associate professor, insofar as the following
personnel actions are involved: original appointments;
reappointments/renewal/transfer with change in rank or salaries; and
promotion or salary increases.
b. To plan and provide for the establishment of
schools, colleges, and departments for the professional degrees in
agriculture, engineering, home economics, education, industrial
education, forestry, fishery, animal and veterinary medicine sciences,
architecture and other such schools, colleges, and departments as
deemed necessary; and advanced or graduate degrees along the foregoing
fields.
c. To authorize and appropriate revolving funds for
the operation and management of all university income producing
projects and to promulgate rules and regulations for the operation and
management of the same and for the accounting and auditing of their
funds, income and expenses, any provisions of law to the contrary
notwithstanding.
d. To admit to the University, public institutions of
learning in Southern Mindanao which may desire to affiliate as schools
or colleges or branches of the University; Provided, That such
institutions are eligible for affiliation and that such affiliation
will enhance the purposes of the University.
e. To authorize the construction and repair of all
university buildings and other permanent improvements under the direct
administration and supervision of the University, upon recommendation
of the President. chanroblesvirtualawlibrary
f. To promulgate policies, rules and regulations
necessary for the effective and efficient governance of the university,
delegate certain authorities and responsibilities to the President as
deemed appropriate, and prescribe rule under which the President can
enter into contracts without prior approval of the Board of Regents,
for the acquisition of properties and services, and purchase of
equipment and supplies not exceeding certain cost or value; Provided,
that all such contracts shall be reported to the Board of Regents and
purchase of equipment and supplies not exceeding certain cost or value;
Provided, that all such contracts shall be reported to the Board of
Regents.
Section 7. The President shall be the chief executive
of the University and shall have the following powers and
responsibilities:cralaw:red
a. To provide leadership for the University and shall
preserve and protect its academic integrity and ensure the observance
and implementation of the policies laid down by the Board of Regents.
b. To exercise within the framework of University
policies primary authority and responsibility over the following areas:
development planning and resource allocations; grants, endowments and
fund raising; external relations and public affairs; and University
policy relating to regional development programs, curricula, and
matters affecting the rights, privileges, responsibilities and welfare
of the University constituency. chanroblesvirtualawlibrary
c. To formulate integrated and comprehensive plans
for the University, including academic, research, extension, physical
development, and fiscal plans. chanroblesvirtualawlibrary
d. To coordinate the activities and programs of the
University with the other component units and institutions, and have
under review goals and objectives of the various units and
institutions, appraise their performance in relation to goals, and
recommend appropriate action by the Board of Regents. chanroblesvirtualawlibrary
e. To appoint officers, faculty members, and other
employees in the University, subject to Section 6 of this decree; and
to designate officers-in-charge of the units therein for a period not
exceeding two months, without prejudice to the authority granted deans
and directors to designate officers-in-charge their respective units.
f. To appoint, transfer or promote personnel of the
University as herein below provided; fix their work schedules; grant
leaves of absence; and approve their special detail, additional
assignments, additional compensation, resignation and retirement in
accordance with the policies approved by the Board of Regents.
g. To set up machinery for review of all disciplinary
actions appealable to the Office of the President, and for the
consideration of positions for redress of grievances. chanroblesvirtualawlibrary
h. To submit to the Board of Regents the course of
study and academic programs, rules of discipline, and awards of degrees
and diplomas as recommended by the University Council. chanroblesvirtualawlibrary
i. To award fellowships, assistantships and
scholarships to students, faculty members and other personnel, in
accordance with the policies prescribed by the Board of Regents.
j. To plan, prepare and implement a University
program for the training and education of adult citizens and
out-of-school youths. chanroblesvirtualawlibrary
k. To negotiate and obtain grants for specific
projects, gifts and donations of real or personal property of all
kinds, subject to the confirmation of the Board of Regents, and to
administer the same for the benefit of the University, its units,
departments, or students in accordance with the directions and
instructions of the donor, and in default thereof, in such manner as
the Board of Regents may in its discretion determines.
l. To maintain links with other academic and research
institutions as to ensure fruitful academic and technical interchange
and maximize the use of human and physical resources.
m. To prepare for approval of the Board of Regents
the budget of the University.
n. To submit to the Board of Regents annual report on
the operation of the University, and such other reports as the latter
may require.
o. To prescribe rules and regulations not contrary to
law for the governance of the University consistent with its purposes
and the policies laid down by the Board of Regents.
p. To exercise such other powers and discharge such
other responsibilities as may be delegated to him by the Board of
Regents; Provided, that he shall institute or effect an appropriate and
efficient exercise or discharge such powers or responsibilities as may
be necessary for the expeditious administration of the University.
Section 8. A quorum of the Board of Regents shall
consist of a majority of all the members holding office at the time the
meeting is called. All processes against the Board of Regents shall be
served on the President or secretary thereof.
Section 9. There shall be a secretary of the
University, who shall serve concurrently as the Secretary of the Board
of Regents.
Section 10. There shall be a University Council
consisting of the President, Vice-President/s, Deans, Heads of Academic
Departments, Assistant Professors, Associate Professors, and
Professors. The President shall be the chairman of the Council.
Subject to the approval of the Board of Regents, upon the
recommendation of the President in accordance with the policies and
standards established by the Board, the University Council shall:cralaw:red
a. Prescribed the course of study, curricula and
rules of discipline of students;chanroblesvirtualawlibrary
b. Fix the requirements for admission to any College
or unit of the University and for graduation and the awarding of
degrees; chanroblesvirtualawlibrary
c. Recommend recipients of degrees or
diplomas; chanroblesvirtualawlibrary
d. Exercise disciplinary powers over the students
through the President or its appropriate Committees pursuant to the
rules of discipline prescribed by the Board of Regents; and chanroblesvirtualawlibrary
e. Create Committees as it may deem necessary for the
performance of its functions.
Section 11. The instructors and professors of each
College shall constitute its faculty to be presided by a Dean who shall
be selected from among the members of such faculty for a term fixed by
the University Council and conformed by the Board of Regents, upon
recommendation of the President of the University.
Section 12. In the appointment of instructors or
professors to the University, religious opinions or affiliations shall
not be made a matter of inquiry or explanation; Provided, however, that
no instructor or professor shall inculcate sectarian tenets in any of
his teachings nor attempt directly or indirectly, under penalty of
dismissal by the Board of Regents, to influence students or attendants
of the University for or against any particular church, denomination or
religious sect; Provided, further, that no member of the faculty of the
University shall attempt directly or indirectly, under penalty of
dismissal by the Board of Regents, to influence students or attendants
of the University towards any ideology, political or otherwise, which
preaches the overthrow of the Government through violence or
subversion.
Section 13. Professors or instructors seeking
appointments in the University shall be exempt from Civil Service
Examinations or regulations; provided, however, that copies of their
appointments shall be furnished to the Civil Service Commission for
notation and record purposes.
Section 14. A student shall not be denied admission
to the University by reason of sex, ethnic consideration, religious
belief or affiliation. chanroblesvirtualawlibrary
Section 15. On or before the fifteenth day of January
of each calendar year, the Board of Regents shall file with the
President of the Philippines a detailed report setting forth the
progress, condition and needs of the University. chanroblesvirtualawlibrary
Section 16. Heads of Bureaus and Offices of the
National Government are hereby authorized to loan or transfer, upon
request of the President of the University, such apparatus, equipment
or supplies as may be needed by the University and to detail employees
for duty therein, when in the judgment of the head of the Bureau of
Office, such apparatus, equipment, supplies or services of such
employees can be spared without serious detriment to the public
service. Employees so detailed shall perform such duties as required
under such detail, and the time so employed shall be counted as part of
their official service.
Section 17. The College President and all the
personnel of the Mindanao Institute of Technology, as well as its
unexpended appropriations, and all its assets and liabilities are
hereby automatically absorbed by the University of Southern Mindanao.
The position of College President of the Mindanao Institute of
Technology is hereby converted into University President without the
necessity of issuance of new appointment; Provided, that the six years
term starts upon the approval of this decree.
Section 18. In addition to the amount already
appropriated for the Mindanao Institute of Technology, there is hereby
authorized to be appropriated the sum of Twenty (P20) Million Pesos for
purposes of carrying out immediately the provisions of this decree.
Hereafter, the sum of Ten (P10) Million Pesos, in addition to existing
budget, shall be appropriated annually and included in the General
Appropriation Act to carry out the provisions of this
Decree. chanroblesvirtualawlibrary
Section 19. All acts, parts of acts, executive
orders, ordinances, rules and regulations which are inconsistent with
the provisions of this decree are hereby repealed, amended or modified
accordingly.
Section 20. This decree shall take effect
immediately.
Done in the City of Manila,
this 13th day of March, in the year of Our Lord, nineteen hundred and
seventy-eight.
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