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PRESIDENTIAL DECREE NO. 1437
PRESIDENTIAL DECREE NO. 1437 -
DEFINING THE COMPOSITION AND POWERS OF THE GOVERNING BOARDS, THE
APPOINTMENT AND TERM OF OFFICE OF THE PRESIDENT OF CHARTERED STATE
UNIVERSITIES AND COLLEGES, AND FOR OTHER PURPOSES
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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 prescribes that all
educational institutions shallm to develop scientific, technological
and vocational efficiency;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 6-A otherwise known as the
Educational Development Decree of 1972, promulgated on September 29,
1972, it has bee declared a policy of the government to reorient the
educational system toward an accelerated national economic growth and
meaningful social development;chanroblesvirtualawlibrary
WHEREAS, there is a need to define the composition and powers of the
governing boards of chartered state universities and colleges in order
to achieve a more coordinated and integrated system of higher
education, to render them more effective in the formulation and
implementation of policies on higher education, and to provide for more
relevant direction in their governance;chanroblesvirtualawlibrary
WHEREAS, the enabling laws of certain chartered state colleges and
universities indicate a fixed term of office of the presidents thereof
while the others are silent on the matter, and there is accordingly a
felt need to provide a standards on the tenure of college or university
presidents in accordance with the generally accepted management
practices.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree to be part of the laws of the land;chanroblesvirtualawlibrary
Section 1. Any provision of law to the contrary
notwithstanding, the composition of the governing boards of chartered
state universities and colleges is hereby modified and reconstituted as
follows:cralaw:red
* Secretary of Education and Culture, Chairman
* President of the University or College,
Vice-Chairman
* Representative of the National Economic and
Development Authority (NEDA), Member
* Two (2) prominent citizens who have distinguished
themselves in the professions or fields of specialization of the
institutions concerned, one representing the alumni of the institution
concerned, the other chosen from prominent citizens in the city or
province where the school is located, to be appointed by the President
of the Philippines upon recommendation of the Secretary of Education
and Culture, Member
The first group of appointive regents or trustees shall serve for two
(2) years and four (4) years, respectively. Thereafter, the appointees
shall hold office for a term of four (4) years. In case of permanent
vacancy, the appointee shall hold office for the unexpired term only.
In the absence of the Secretary of Education and Culture, the Secretary
shall authorize a representative, preferably the undersecretary
concerned and at the least a director, to sit in the meetings of the
board: Provided, however, that during these meetings the president
shall preside as Vice Chairman of the Board.
Section 2. The governing boards shall exercise
policy-making functions in accordance with the general policies, plans,
and programs on educations as may be formulated by the National Board
of Education and the Secretary of Education and Culture and the general
policies, plans, and programs of national and regional development as
may be issued by the National Economic and Development Authority
(NEDA). The Secretary of Education and Culture as Chairman of the
governing boards shall see to it that the general educational policies,
plans and programs as formulated and promulgated are adopted and
observed in all state colleges and universities.
Section 3. Subject to the provisions of Section 2
hereof, the governing boards shall have the following specific powers
and duties in addition to the general powers as provided in Section
Thirteen of Act Numbered Fourteen Hundred Fifty-Nine, as amended,
otherwise known as the Corporation Law:cralaw:red
a. To enact for the government of the university or
college, such rules and regulations not contrary to law, as may be
necessary to carry out the purpose and functions of the university or
college.
b. To receive and appropriate to the ends specified
by law such sums as may be provided for the support of the university
or college.
c. To import duty-free essential commodities and
materials for advanced educational or technological programs as an
exception to existing laws, provided such commodities or materials are
not available locally; and 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 university or college or ford to any
student in accordance with the directions and instructions of the
donor, and in default thereof, in such manner as the governing boards
may in their discretion determine. Such donations shall be exempt from
all taxes and shall be considered as deductible items from the income
tax of the donors.
d. To approve the curricula and rules of discipline
drawn by the administrative and Academic Councils as hereinafter
provided.
e. To confer degrees upon successful candidates for
graduation, to award honorary degrees upon persons in recognition of
learning, public service, statemanship or eminence in any field of
specialization of the university or college, and to authorize the
presidents of the university or college to award certificate for
completion of non-degree programs.
f. To confirm appointments of vice presidents,
deans, directors, registrars, heads of departments, professors and
other officials and employees of the university or college made by the
president, to fix their compensation, hours of service, and such other
duties and conditions as the governing boards may promulgate, in
accordance with the provisions of existing laws; to remove them for
cause after investigation and hearing.
g. To establish chairs in the university or college
and to provide fellowships for qualified faculty members and
scholarships to deserving students.
h. To fix tuition fees and such other necessary
school charges as the governing boards may deem proper to impose. Such
fees and charges, including other incomes generated by the university
or college shall constitute a special trust fund for the exclusive use
of the university or college, any provision of existing laws to the
contrary notwithstanding. chanroblesvirtualawlibrary
i. To authorize the construction or repair of its
buildings, machineries, equipment and other facilities and the purchase
of necessary supplies, materials, and equipment, any provision of law
to the contrary notwithstanding; provided, however, that the funds for
the purpose shall come from the authorized appropriation of the
university or college.
Section 4. A quorum of the governing boards shall
consist of a majority of all the members holding office at the time of
the meeting; Provided, however, that among those present are the
Secretary of Education and Culture, who is chairman of the Board, or
the President, who acts as presiding officer in the former's absence.
All processes against the university or college shall be served on the
President of the university or college or his duly authorized
representative.
Section 5. The members of the governing boards shall
not receive compensation but shall be reimbursed for actual and
necessary expenses incurred in their attendance of meetings or other
official functions authorized by the board.
Section 6. The head of the university or college
shall be known as the President of the university or college. He shall
be qualified for the position and appointed for a term of six (6) years
by the President of the Philippines upon recommendation of the
Secretary of Education and Culture after consulting with the board
which may be renewed for another term upon recommendation of the
Secretary of Education and Culture after consulting the Board. In case
of vacancy by reason of death, absence or resignation, the Secretary of
Education and Culture shall have the authority to designate an officer
in charge of the college or university pending the appointment of the
President.
The powers and duties of the President of the university or college, in
addition to those specifically provided for in this Decree shall be
those usually pertaining to the office of the president of a university
or college. chanroblesvirtualawlibrary
Section 7. The incumbent president of a chartered
state college or university whose term may be terminated according to
this Decree, shall be entitled to full retirement benefits: provided
that he has served the government of at least twenty (20) years; and
provided, further that in case the number of years served is less than
20 years, he shall be entitled to one month pay for every year of
service.
Section 8. There shall be an Administrative Council
of the university or college consisting of the President of the
university or college as chairman, and the vice-president, deans,
directors, and other officials of equal rank as members whose duty
shall be to implement policies governing the administration,
management, and development planning of the university or college
subject as approved by the governing board.
Section 9. There shall be an Academic Council of the
university or college with the President of the university or college
as chairman and all the professors members of the instructional staff
of the university or college as members.
The Academic Council shall have the power to prescribe the curricula
and rules of discipline of the college or university subject to the
approval of the board of Trustees/Regents. It shall fix the
requirements for admission to the college as well as for graduation and
the conferring of degrees, subject to review of the Board of Regents.
The Council shall likewise have the power to recommend students to be
recipients of degrees. Through the President of the university or
college or his duly authorized representative, the Council shall have
disciplinary power over the students of the college or the university
within the limits prescribed by the rules of discipline as approved by
the Board of Trustees/Regents.
Section 10. Members of the faculty of the university
or college shall be exempt from any civil service examination or
regulation as a requisite for appointment. No religious test shall be
applied nor shall religious opinion or affiliation be a matter of
inquiry in the appointment of faculty members of the university or
college: Provided, however, that no member of the faculty shall teach
for or against any particular church or religious sect.
Section 11. No student shall be denied admission to
the university or college by reasons of sex, nationality, religion or
political affiliation.
Section 12. The Treasurer of the Philippines shall
be the ex-officio treasurer of the university or college. All accounts
and expenses of the university or college shall be audited by the
Commission on Audit or its duly authorized representative.
Section 13. On or before the fifteenth day of the
second month after the opening of regular classes each year, the
governing board shall file with the office of the President of the
Philippines through the Secretary of Education and Culture, a detailed
report setting forth the progress, conditions, and needs of the
university or college.
Section 14. The Secretary of Education and Culture
is hereby directed to take such steps as are necessary for the
immediate implementation of this Decree.
Section 15. The enabling acts of the following state
institutions of higher learning or any parts thereof which are contrary
to or inconsistent with the provisions of this Decree are hereby
repealed, amended, or modified accordingly: Bicol University; Bukidnon
State College; Bulacan College of Arts and Trades; Cagayan Valley
College of Arts and Trades; Cagayan Valley Institute of Technology;
Catanduanes State College; Cebu State College, Central Luzon
Polytechnic College; Central Luzon State University; Central Luzon
Teachers College; Central Mindanao University; Children's Educational
Foundation Village; Don Mariano Marcos Memorial State College; Don
Severino Agricultural College; Isabela State College of Agriculture;
Leyte Institute of Technology; Leyte State College; University of
Southern Mindanao; Mindanao Institute of Technology; Mountain State
Agricultural College; Naval Institute of Technology; Northern Luzon
State College of Agriculture; Nueva Vizcaya State Institute of
Technology; Pablo Borbon Memorial Institute of Technology; Palawan
National Agricultural College; Palawan Teachers College; Polompon
Institute of Technology; Philippine College of Arts and Trades;
Pampanga Agricultural College; Polytechnic University of the
Philippines; Philippine Normal College; Southern Ilocos Polytechnic
State College; Tarlac College of Agriculture; Tarlac College of
Technology; University of Eastern Philippines; University of Northern
Philippines; Visayas State Colleges of Agriculture; West Visayas State
College; Western Luzon Agricultural College and Zamboanga State
College; Provided, however, that the Philippiner Force College of
Aeronautics, Philippine Merchant Marine Academy, Pamantasan ng Lungsod
ng Maynila, and other similarly situated institutions of higher
learning shall be deemed attached to the Department of Education and
Culture for purposes of policy and program coordination.
Section 16. This Decree shall take effect
immediately.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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