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PRESIDENTIAL DECREE NO. 1369
PRESIDENTIAL DECREE NO. 1369 -
CREATION OF A NATIONAL MARITIME POLYTECHNIC
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WHEREAS,
the expanding national maritime fleet of the Philippines in both
domestic and foreign trades consisting of cargo liners, tankers,
barges, tugboats, bulk carriers and modern passengers liners and the
international merchant fleets being served by Filipino seamen requires
and ever-increasing number of properly trained, skilled and qualified
seamen to man these fleets;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to maximize the employment of Filipino
seafarers and other related professions to help solve the unemployment
problem in the country;chanroblesvirtualawlibrary
WHEREAS, the foreign currency earnings of the country generated from
the remittances of Filipino seamen employed in foreign-going ships is a
major contribution to the national economy and serves as a significant
factor in the stabilization of our dollar reserves which may further be
raised through the increased employment of Filipino professional
seafarers; chanroblesvirtualawlibrary
WHEREAS, there is an immediate and dire need to update and upgrade the
capability and qualifications of the present graduates of the maritime
schools in order for them to keep abreast with the continuing changes,
innovations and development in the maritime industry;chanroblesvirtualawlibrary
WHEREAS, the existing maritime institutions generating the supply of
deck and engine licensed officers and ratings must be supplemented by
way of job-oriented training programs to update and upgrade their
skills and competence and increase their acceptability for employment
in the national maritime fleet and world's shipping;chanroblesvirtualawlibrary
WHEREAS, the establishment of a national maritime upgrading essentially
geared at providing better employment opportunities in the domestic and
international shipping for Filipino seafarers through more
work-oriented training programs must positively be considered; chanroblesvirtualawlibrary
WHEREAS, the establishment of a national maritime upgrading institution
essentially geared at providing better employment opportunities in the
domestic and international shipping for Filipino seafarers through more
work-oriented training programs must positively be considered;chanroblesvirtualawlibrary
WHEREAS, the establishment of a national maritime upgrading institution
has been thoroughly studied, discussed and unanimously endorsed by the
Technical Committee organized under LOI 538 comprising of memberships
from the Department of Education and Culture, National Economic and
Development Authority, Department of Finance, Professional Regulations
Commission, Maritime Industry Authority, Philippine Coast Guard,
Philippine Merchant Marine Academy, National Seamen Board, Philippine
Association of Maritime Institutions, Associated Marine Officers and
Seamens's Union of the Philippines, Filipino Shipowners Association and
other representatives from the maritime industry.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
pursuant to Proclamation No. 1081, dated September 21, 1972, as
amended, do hereby decree the creation of the National Maritime
Polytechnic, with its concomitant functions and duties and
appropriating funds therefor and other purposes as follows:cralaw:red
1. Establishment. — There is hereby established the
National Maritime Polytechnic in Tacloban, Leyte and extension schools
in Luzon and Mindanao.
2. Purposes. — a) The National Maritime Polytechnic
shall offer specialization and upgrading courses for both licensed
officers and ratings; b) It shall conduct researches and studies on the
latest maritime technologies and other related matters for the maritime
industry. chanroblesvirtualawlibrary
3. Powers of the Polytechnic. — The following are the
powers of the Polytechnic:cralaw:red
a) It shall have the general powers as set forth in
the corporation law except as herein provided;chanroblesvirtualawlibrary
b) It shall have the power to acquire public lands
for its expansion and/or beneficial use and;chanroblesvirtualawlibrary
c) It shall be authorized to undertake the
construction of its buildings and other permanent improvements and such
sums as may be necessary to maintain and operate its facilities and
shall be included in the annual General Appropriations Acts for the
Polytechnic.
4. Governing Board, Manner of Appointment. — The
government of the National Maritime Polytechnic is vested in Board of
Trustee which shall be composed of nine (9) Members, namely:cralaw:red
1. The Honorable Secretary of Labor, as Chairman
2. Director, Bureau of Higher Education, Department
of Education and Culture
3. Administrator, Maritime Industry Authority
4. Commandant, Philippine Coast Guard
5. Executive Director, National Seamen Board
6. President, Filipino Shipowners Association
7. President, Association of Maritime Officers and
Seamen's Union of the Philippines
8. President, Philippine Association of Maritime
Institutions
9. President, National Maritime Polytechnic
5. General Powers of the Polytechnic. — The exercise
of its powers are hereby vested in the Board of Trustees. The Board of
Trustees shall have the following powers and duties, in addition to its
general powers of administration and the exercise of the powers;chanroblesvirtualawlibrary
(a) To determine and fix the date and time of their
regular meetings, as well as special meetings as the need for same may
arise: Provided, that all such meetings shall not be more than three
times in any one month, nor less than one in any one quarter;chanroblesvirtualawlibrary
(b) To recommended the President of the Polytechnic
for appointment by the President of the Philippines;chanroblesvirtualawlibrary
(c) To fix the compensation of the President of the
Polytechnic and to empower him to sit ex-officio member of the Board
with right to participate in deliberation but without the right to vote;chanroblesvirtualawlibrary
(d) To receive and appropriate to the ends specified
by law such sums as may be provided by law for the support of the
polytechnic;chanroblesvirtualawlibrary
(e) To provide for the establishment of colleges and
schools as it may deem necessary;chanroblesvirtualawlibrary
(f) To negotiate for loans or accept donations of
real estate and personal property of all kinds and to administer the
proceeds for the benefit of the polytechnic or of a department thereof,
or ford to any student or students in accordance with the direction or
instructions of the donor and/or in default thereof, in such manner as
the Board may in its discretion so determine;chanroblesvirtualawlibrary
(g) To appoint, on the recommendation of the
President of the Polytechnic, executive vice-president, vice
presidents, deans, professors, instructors, lecturers and other
employees of the Polytechnic; to fix their compensation, hours of
service, and such other duties and conditions as it may deem proper; to
grant to them in its discretion leave of absence under such regulations
as it may promulgate, any provisions of law to the contrary
notwithstanding, and to remove them for cause after an investigation
and hearing shall have been had and to extend with their consent the
tenure of faculty members of the Polytechnic, whenever in his opinions
their services are specially needed; Provided, however, that no
extension of service shall be made beyond the age of seventy;chanroblesvirtualawlibrary
(h) To approve the courses of study and rules of
discipline drawn up by the Polytechnic council as hereinafter provided;
to fix the required tuition fees, fees for laboratory courses,
graduation fees, and all special fees, to remit the same in special
cases; and, to utilize the income derived therefrom for the maintenance
of the Polytechnic, together with annual appropriation provided in
Number 16 thereof;chanroblesvirtualawlibrary
(i) To provide fellowship and scholarships and to
award the same to students showing special evidence of merit; chanroblesvirtualawlibrary
(j) To establish chairs in the college hereinafter
mentioned and to provide for the maintenance or endowment of such
chairs, as well as to provide for such other professors, assistant
professors, instructors, tutors, lecturers as the program of
instruction may make it necessary, and to fix the compensation
pertaining to such positions;chanroblesvirtualawlibrary
(k) To confer the usual honorary degrees upon persons
other than graduates of the Polytechnic in recognition of learning,
statesmanship or eminence in technology, literature, science or arts;
Provided, that such degree shall not be conferred in consideration of
the payment of money or other valuable consideration; and
(l) To file with the President of the Philippines a
detailed report, setting forth the progress, conditions and needs of
the Polytechnic on or before the fifteenth day of September of each
year.
7. Quorum. — A quorum of the Board of Trustees shall
consist a majority of all the members holding office at the time the
meeting of the Board is called. All processes against the Polytechnic
shall be served on the Chairman or President thereof.
8. Administration. — The administration of the
Polytechnic shall be vested in the President of the Polytechnic. He
shall be assisted by an Exec. Vice President who shall be appointed by
the Board of Trustees upon the recommendation of the President of the
Polytechnic and whose compensation shall be fixed by the
Board. chanroblesvirtualawlibrary
9. Powers of the President. — The powers and duties
of the President of the Polytechnic, in addition to those usually
pertaining to the Office of the President of the polytechnic which are
not consistent with the provisions of law, are the following:cralaw:red
(a) To recommend to the Board of Trustees for
appointment, the vice-presidents, deans, professors, instructors,
lecturers and other employees of the Polytechnic;chanroblesvirtualawlibrary
(b) To promulgate for the government of the
polytechnic such general ordinances and regulations not contrary to
law, as are consistent with the purpose of the polytechnic.
10. The Secretary of the Polytechnic. — The Board of
Trustees shall appoint a Secretary who shall serve as such for both the
Board and the President of the Polytechnic whose salary shall be
determined by the Board.
11. The Polytechnic Council Powers. — There shall be
a Polytechnic council, consisting of the president, executive vice
president and vice presidents, of the Polytechnic and of all members of
the faculty of the polytechnic holding the rank of professors,
associate professors and assistant professors, subject to existing
laws. The council shall have the power to prescribe the courses of
study and rules of discipline, provided those matters are first
approved by the Board of Trustees, subject to the same limitations. It
shall fix the requirements for admission to any department of the
Polytechnic as well as for graduation and the conferment of degrees.
Through its president or committee, it shall have the disciplinary
powers over the students within the limits prescribed by the rules of
discipline approved by the Board of Trustees. chanroblesvirtualawlibrary
12. The Faculty of the Polytechnic. — The body of
professors and instructors of each college shall constitute its
faculty, and as presiding officer of each faculty there shall be a dean
appointed by the Board of Trustees upon the recommendation by the
President of the Polytechnic. In appointment of Professors,
instructors, and other personnel of the polytechnic, no religious test
shall be required, nor shall their religious opinions or affiliations
be made a matter of examinations of inquiry; Provided, however, that no
professors or instructor or any other personnel in the polytechnic
shall inculcate sectarian tenets in any of the teachings nor attempt
either indirectly or directly under penalty of dismissal by the Board
of Trustees to influence students attendance at the polytechnic for or
against any particular church or religious sect. The Polytechnic shall
enjoy academic freedom.
13. Civil Service Requirements. — The president,
executive vice president, vice presidents, deans, professors, other
instructors and other employees of the polytechnic shall be exempt from
any civil service examination or regulations as a requisite to
appointment except the representative of the Chairman of the Commission
on Audit; Provided, however, that all shall be entitled to the
privileges and rights of security of tenure, promotion in positions and
salaries for meritorious service, leaves and retirement benefits, as in
the government service as now provided for by law.
14. The Auditor of the Polytechnic. — The Chairman of
the Commission on Audit of the Philippines shall be ex-officio Auditor
of the Polytechnic and shall designate his representative who must hold
the regular office in the polytechnic to be able to perform his duties
efficiently and satisfactorily as a regular official of the
polytechnic. The designated representative shall have the civil service
qualification and rank of a provincial auditor and shall have the power
to appoint his subordinates, subject to the last proviso of Sec. 5 (g)
hereof, who must be civil service eligibles. The size of the staff and
compensation of the same shall be determined and fixed by the Board of
Trustees. The compensation of the COA representative shall also be
fixed by the Board of Trustees upon recommendation by the Chairman of
the Commission on Audit.
15. Loans or Transfer of Apparatus or Supply, Detail
of Employee for duty in the Polytechnic. — Heads of Bureau and Offices
of the National Government are hereby authorized to loan or transfer
upon request of the president of the Polytechnic, such apparatus or
supplies as may be needed by the Polytechnic and to detail employees
for duty therein, in the judgment of the Bureau or Office, such
supplies or employees so detailed shall perform such duties as are
required under such detail and the time so employed shall be counted as
part of their regular service.
16. Appropriation. — The sum of ten million pesos is
hereby appropriated out of any funds in the National Treasury to be
expanded in the discretion of the Board of Trustees for the
establishment and operation of the polytechnic. Thereafter, funds for
the maintenance of polytechnic shall be included in the annual General
Appropriations Fund of the National Government, the total sum of which
shall be recommended by the Board of Trustees of the
Polytechnic. chanroblesvirtualawlibrary
17. All acts that are inconsistent with any
provisions of this Presidential Decree shall be null and void.
This Decree shall take effect immediately.
Done in the City of Manila,
this 1st day of May, in the year of Our Lord, nineteen hundred and
seventy-eight.
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