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PRESIDENTIAL DECREE NO. 1943
PRESIDENTIAL DECREE NO. 1943
- CONVERTING THE BASILAN NATIONAL AGRO-INDUSTRIAL COLLEGE INTO THE
BASILAN STATE COLLEGE, DEFINING POWERS, FUNCTIONS, AND DUTIES AND
APPROPRIATING FUNDS THEREFOR, 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 had been declared a policy of the government to reorient the
educational system toward an accelerated national economic growth and
meaningful social development;chanroblesvirtualawlibrary
WHEREAS, the province of Basilan in Western Mindanao in endowed with
rich natural resources the exploitation, utilization, and conservation
of which will certainly accelerate its development, thereby
contributing immensely to the economic growth of the region, in
particular, and of the country, in general; chanroblesvirtualawlibrary
WHEREAS, an adequate system of public education at the tertiary level
is believed to be an effective instrument of the New Society in
facilitating the socio-economic upliftment of the people of that
province, and in effecting a more equitable sharing of the country's
wealth and income that will ultimately make them productive,
progressive, and dignified citizens;chanroblesvirtualawlibrary
WHEREAS, the establishment of the Basilan State College will, likewise,
relieve the city of Zamboanga from congestion and other concomitant
problems arising from over-population, such as housing, sanitations,
transportation, and peace and order;chanroblesvirtualawlibrary
WHEREAS, the establishment of the Basilan State College will, in the
ultimate analysis, serve as an instrument for the promotion of the
socio-economic advancement of the various cultural communities
inhabiting therein.
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:cralaw:red
Section 1. The Basilan National Agro-Industrial
School in the province of Basilan is hereby converted into a State
College to be known as the Basilan State College, hereinafter referred
to in this Act as the State College.
Section 2. The State College shall primarily provide
higher technological, professional, and vocational instruction and
training in science, agriculture 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.
Section 3. In addition to its present secondary and
collegiate circular offerings, the State College shall offer
undergraduate and graduate courses in the fields of science,
agricultural and industrial fields as the Board of Trustees may deem
necessary. It shall also offer opportunity or short-term technical or
vocational courses within its areas of specialization to meet the needs
of the region.
Section 4. No student shall be denied admission to
the State College by reason of sex, ethnic considerations, or religious
belief or affiliation.
Section 5. The head of the State College shall be
known as the President of the Basilan State College. 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 comparable to that being received by presidents of similar
educational institutions of like enrollment and standing, subject to
Presidential Decree No. 985 and other pertinent budget and compensation
laws. chanroblesvirtualawlibrary
The powers and duties of the President of the State College, in
addition to those specifically provided for in this Act, shall be those
usually pertaining to the office of a president of a state college or
university.
Section 6. The governing body of the State College
shall be the Board of Trustees of the Basilan State College. It shall
be composed of the Minister of Education and Culture or his duly
designated representative as chairman, the Regional Director of the
National Economic and Development Authority of Region IX, the President
of State College, the Chairman of the Regional Executive Council,
Region IX as ex-officio members, and three (3) prominent citizens of
the province to be appointed by the President of the Philippines as
members.
Of the three appointed members one shall be an authority on science and
technology, one on agriculture, and one on the professions; Provided,
they have demonstrated competence and ability in their respective areas.
Of the first group appointed, the President shall designate one to
serve for one year, and one to serve for two years. Thereafter, persons
appointed to succeed such members shall hold office for a term of four
years and until their successors who should be an expert in the same
field shall have been appointed and qualified. In case of permanent
vacancy, the position shall be filled by appointment by the President
of the Philippines. Such appointee shall hold office for the unexpired
term only.
When the Minister of Education, Culture and Sports 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, Culture and Sports 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.
Section 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 President or Secretary thereof.
Section 8. The member of the Board of Trustees shall
be entitled to an allowance similar to that of other colleges of the
same category and standing; 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.
Section 9. The Board of Trustees shall have the
following powers and duties in addition to its general powers of
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;chanroblesvirtualawlibrary
(a) To receive and appropriate for the purposes
specified by law such sums as may be provided for the support of the
State College; chanroblesvirtualawlibrary
(b) To confer degrees upon successful candidates for
graduation of the State College. It may also confer honorary degrees
upon persons in recognition of learning, statemanship or eminence in
any of the fields of specialization of the State College, or in the
recognition of public service; Provided, That such degrees shall not be
conferred in consideration of or to reciprocate some personal favor;chanroblesvirtualawlibrary
(c) To authorize the President of the State College
to award proficiency certificates or diplomas to students who have
completed non-degree courses;chanroblesvirtualawlibrary
(d) To appoint, on recommendation of the President
of the State College, a vice-president, deans, directors, secretary of
the State College, registrars, heads of departments, professors,
instructors, lecturers and other officials and employees of the State
College; to fix their compensation and salaries 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 them, in its discretion, leaves of absence under such
regulations as it may promulgate, any provisions of existing law to the
contrary notwithstanding; to remove them for cause after an
investigation and hearing; to establish Chairs in the State College,
and to provide for the maintenance or endowment of such Chairs as may
be necessary; chanroblesvirtualawlibrary
(e) To approve the curricula and rules and
discipline drawn by the College council as hereinafter provided;chanroblesvirtualawlibrary
(f) To provide fellowship for qualified faculty
members and scholarships for deserving students;chanroblesvirtualawlibrary
(g) To prescribe rules for its own government and to
enact for the government of the State College such rules and
regulations, not contrary to law, as may be necessary to carry out the
purposes and functions of the State College;chanroblesvirtualawlibrary
(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 State College, or the department thereof,
or ford 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 Trustees may in its discretion determine. All such
donations shall be exempt from all taxes and be considered as
deductible items from the income tax of the donors.
Section 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 State College.
Section 11. There shall be a College Council
consisting of the President of the State College 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 State College, 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 State College of
its duly authorized committee, the Council shall have disciplinary
power over the students within the limits prescribed by the rule of
discipline.
Section 12. The body of instructors and professors
of the State College shall constitute the faculty of the State College.
Section 13. No member of the faculty of the State
College shall attempt directly, under penalty of dismissal by the Board
of Trustees, to influence students or any person in the State College
towards any ideology, political or otherwise, which preaches the
overthrow of the government through violence or subversion.
Section 14. There shall be a secretary of the State
College who shall be appointed by the Board of Trustees upon
recommendation of the President of the State College. He shall also be
the Secretary of the Board and shall keep such records of the State
College as may be determined by the Board of Trustees. chanroblesvirtualawlibrary
Section 15. The Treasurer of the Philippines shall
be ex-officio treasurer of the State College, and all accounts and
expenses therefore shall be audited by the Commission on Audit or its
duly authorized representative.
Section 16. Heads of bureaus and offices of the
National Government are hereby authorized to lend or transfer, upon
request of the President of the State College, such apparatus,
equipment or supplies as may be needed by the State college and to
detail employees for duty therein, when in the judgment of the head of
the bureau or office, such apparatus, equipment, supplies or the
services of such employees 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.
Section 17. All assets of the Basilan National
Agro-Industrial School whether fixed or movable, records and personnel,
are hereby transferred to the Basilan State College.
Section 18. In addition to the existing
appropriations for the Basilan National Agro-Industrial School which
are hereby transferred to the Basilan State College, the amount of
three million pesos (P3,000,000) is hereby appropriated to come from
any available source of funds as will be determined by the Minister of
the Budget. This amount shall be disbursed in accordance with the
provisions of this decree. Starting Calendar Year 1985, the necessary
sum for the operation and maintenance of the State College shall be
included in the annual budget of the National Government, the total sum
of which shall be recommended by the Board of Trustees of the
College. chanroblesvirtualawlibrary
Section 19. The Minister of Education, Culture and
Sports is hereby directed to take such steps as are necessary for the
immediate implementation of this Decree.
Section 20. All laws inconsistent with the
provisions of this Decree are hereby repealed or amended accordingly.
Section 21. This Decree shall take effect
immediately.
Done in the City of Manila,
this 27th day of June in the Year of Our Lord, nineteen hundred and
eighty-four.
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