PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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PRESIDENTIAL DECREES

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MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1341

CONVERTING THE PHILIPPINE COLLEGE OF COMMERCE INTO A POLYTECHNIC UNIVERSITY, DEFINING ITS OBJECTIVES, ORGANIZATIONAL STRUCTURE AND FUNCTIONS, AND EXPANDING ITS CURRICULAR OFFERINGS

WHEREAS, the administration strongly addresses itself to the problems of mass poverty, unemployment and underemployment, and social justice thus necessitating the achievement of national development and its full democratization as the top priority in the national agenda;

WHEREAS, it is imperative that to carry out this task, the tremendous human resources potential of the nation be harnessed by improving the physical intellectual and material well-being of the individual;

WHEREAS, a pragmatic approach to the immediate realization of this goal requires the realignment of the educational offerings with manpower realities and goals through the adoption of a polytechnic program of education designed to provide the individual with employable skills and managerial know-how in order to make him creative, productive, and self-reliant.

WHEREAS, the occupation-oriented baccalaureate and graduate degree programs, ladder-type curriculums, "Classroom-in-the-factories" program, continuing non-formal education programs for skills in rural development, and other similar short-term programs for in-school and out-of-school youth and adults presently offered by the Philippine College of Commerce are polytechnic in content, scope and direction;

WHEREAS, the Philippine College of Commerce is a potential instrument in the effective implementation of the administration's policies on democratization of educational opportunities and on organization of a strongly-based egalitarian society as shown by the economic and social states of its present enrollment of about 23,000 students;

NOW, THEREFORE, I, FERDINAND E. MARCOS, as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree to be part of the laws of the land the following:

Section 1. The present Philippine College of Commerce is hereby converted into a university to be known as the "Polytechnic University of the Philippines," hereinafter referred to in this Decree as the University.

Sec. 2. The University shall primarily provide higher occupational, technical and professional instruction and training in the applied arts and sciences. It shall also promote applied research, advance studies, and progressive leadership in the stated fields.

Sec. 3. In addition to its present offering of ladder-type higher vocational, technical and professional programs in the areas of business and distributive arts, education and the social sciences related to the fields of commerce and business administration, the University shall offer programs in other polytechnic areas. The University shall take steps to enrich the academic program in other fields of study such as agriculture, arts and trades, and fisheries by integrating such courses as are necessary to produce individuals with highly-technical and managerial skills.

Sec. 4. The head of the University shall be known as the President of the Polytechnic University of the Philippines who shall be appointed by the President of the Philippines upon recommendation of the Secretary of Education and Culture after consultation with the University Board of Regents. The powers and duties of the President of the University in addition to those enumerated in the succeeding Section shall; be those normally pertaining to the Office of the President of the University.

Sec. 5. Specifically, the President of the University shall have the following powers and duties in addition to those normally appertaining to the Office of the President of the University:

(a) He shall be the Chief Executive Officer of the University. As such, progressive and dynamic and intellectual and administrative leadership in the University is expected of him and vested in him;

(b) He shall be the head of the University Faculties and of any branch thereof;

(c) He shall have general supervision over all academic as well as business and financial operations of the University;

(d) He shall promulgate and enforce general policies affecting any unit of the University and take such actions which in his judgment are necessary for the protection of property and general interest of the University, students and personnel and for the operation of the University as a whole and shall inform the Board on all matters relating to the operation and welfare of the University;

(e) He shall appoint qualified persons to fill all vacancies and new positions subject to the approval of the Board and make such other arrangements to meet emergencies occurring between meetings of the Board so that the work of the University shall not suffer.

(f) He shall institute disciplinary action against any member of the University personnel, faculty or non-faculty as well as any student of the University whose actions adversely affect the general interest of the University;

(g) He shall decide appeals in controversies between ranking officials of the University, his decisions being final and conclusive;

(h) He shall grant or deny sabbatical leaves and leaves of absence without pay and/or extension of such leaves as well as extension of fellowships or any form of scholarship for a period not exceeding one academic year if the budget permits and for reasons he may deem satisfactory;

(i) He shall make ad-interim appointments;

(j) He shall grant or withhold permission to reveal confidential matters affecting the University or any unit thereof, as well as any action taken by the Board of Regents;

(k) He shall grant permission for the use of buildings and premises of the University for academic, professional and scientific conventions, for student and related activities and to fix the fee thereof;

(l) He is authorized to join the execution of all contracts, deeds, and instruments for the proper conduct of the business of the University and to assign the same in behalf of the University;

(m) He shall prepare an annual report on the work of the past year and needs of the current year including a budget with estimates of income and expenditures;

(n) He shall have such other powers as may be specifically authorized by the Board of Regents. He may delegate in writing any of his specific functions to any office.

Sec. 6. The governing body of the University shall be the Board of Regents of the Polytechnic University of the Philippines which shall be composed of the Secretary of Department of Education and Culture as Chairman, the Director General of the National Economic Development Authority, or his duly authorized representative, the Secretary of the Secretary of Department of industry, or his duly authorized representative, the Secretary Department of Labor, or his duly authorized representative, the President of the University, the President of the Alumni Association, provided he is not in the employ of the University in any capacity whatsoever, and a prominent citizen representing the private sector, as members. In the absence or inability of the Secretary of the Department of Education and Culture as Chairman of the Board of Regents, or in the event that there is no Secretary of Education and Culture, the Undersecretary of Department of Education and Culture shall sit as Chairman of the Board of Regents. In his absence or inability, the President of the University shall automatically act as Chairman of the Board of Regents. The members of the Board of Regents shall serve without compensation other than actual and necessary expenses incurred either in attendance upon meetings of the Board of Regents or upon other official business related to his position as regent as authorized by the Board.

Sec. 7. The Board of Regents shall have the following powers and duties in addition to his general powers of administration and the exercise of all the powers of a corporation as provided in Section 13 of Act Numbered fourteen hundred fifty-nine as amended, otherwise known as the Philippine Corporation Law:

(a) To receive and appropriate to the ends and as specified by the law such same as may be provided by law for the support of the University;

(b) To confer degrees in the graduate and undergraduate courses to successful candidates for graduation;

(c) To appoint, on the recommendation of the President of the University, professors, instructors, lecturers and other members of the faculty, and other officials and employees of the University; to fix their compensation, hours of service, and such other duties and conditions as it may deem proper, any other provisions of the law to the contrary notwithstanding to grant to them in his discretion, leave of absence under such regulations as it may promulgate, any other conditions of the law to the contrary notwithstanding, and to remove them for cause after an investigation and hearing shall have been had;

(d) To fix the tuition fees required of students, matriculation fees, graduation fees, fees for laboratory courses and all special fees, and to deposit the same in such bank as may be designated by the Board of Regents, constituting a special trust fund of the University, subject to government audit;

(e) To provide fellowship for faculty members, and scholarships to students showing special evidence of merit;

(f) To prescribe rules for its own government, and to enact for the government of the University such general ordinances and regulations, not contrary to law, as are consistent with the purpose of the University; and

(g) To receive in trust legacies, gifts and donations of real and personal property of all kinds and administer the same for the benefit of the University, or of the Department thereof, or for the aid to any student or students, in accordance with the direction and instructions of the donor, and in default thereof, in such manner as the Board of Regents 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; To import duty-free commodities for educational purposes as an exemption to existing laws.

Sec. 8. A quorum of the Board of Regents shall consist of a majority of all members. All processes against the Board of Regents shall be observed on the President or Secretary thereof.

Sec. 9. Regular meetings of the Board of Regents shall be held every third Tuesday of the month. Special meetings of the Board may be called upon by the Chairman or on request of the four (4) members of the Board. In both cases, notice of such meetings shall be issued at least three (3) days prior to the meeting.

Section 10. The officers of the administration of the University shall be University President, the Vice-President, the Secretary of the University and such other academic and administrative officials whose positions and functions are deemed necessary to assist in the effective and efficient administration of the University as may be determined by the Board of Regents.

Section 11. It shall be the concern of the University to disperse its programs in the countryside through a system of regional branches.

Section 12. All parcels of land, buildings, equipment and facilities owned by the Philippine College of Commerce and such other national schools as may be integrated by virtue of this decree, including their obligations and appropriation thereof, shall stand transferred to the Polytechnic University of the Philippines provided however, said national schools shall continue to receive their corresponding shares from the special education fund of the municipal/provincial/city government concerned as are now enjoyed by them in accordance with existing laws and/or decrees.

Section 13. It shall be a continuing policy of the University to accept the affiliation and/or integration within its operation of any existing national schools whose programs can contribute largely and effectively to the attainment of its objectives; Provided, however, that in the case of integration, the Secretary of Education and Culture is hereby authorized to determine and approve the specific existing national schools that are to be integrated as part of the Polytechnic University of the Philippines. In this particular case, it is understood that all funds, properties, and other assets as well as obligations of the integrated school shall be transferred to the University pursuant to the provisions of the preceding Section of this Decree.

Section 14. In addition to the amount already appropriated for the Philippine College of Commerce, there is hereby appropriated the sum of THREE MILLION (P3,000,000.00) from any amount available in the Treasury of the Philippines for the purpose of carrying out the provisions of this Decree. Thereafter, such sums as may be necessary to carry out the provisions of this Decree shall be appropriated annually.

Section 15. This Decree shall take effect immediately.

Done in the City of Manila, this 1st day of April, in the year of Our Lord, Nineteen Hundred and Seventy-Eight.