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PRESIDENTIAL DECREE NO. 342
PRESIDENTIAL DECREE NO. 342 -
CREATING AND ESTABLISHING THE PHILIPPINE CENTER FOR ADVANCED STUDIES AT
THE UNIVERSITY OF THE PHILIPPINES; DEFINING ITS ORGANIZATION, POWERS,
FUNCTIONS AND RESPONSIBILITIES
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WHEREAS,
there is need for total involvement of all sectors of society in the
reform and development of Philippine culture and society;chanroblesvirtualawlibrary
WHEREAS, national development is a complex process requiring the
concerted efforts of all sectors of society especially the expertise
and competence of specialists in all fields of endeavors;chanroblesvirtualawlibrary
WHEREAS, one of the goals of the New Society is for the Philippines to
take a more active role in international affairs and thereby derive
benefits for the country therefrom; chanroblesvirtualawlibrary
WHEREAS, there is need to mobilize all institutions of higher learning
especially state institutions, as full partners of government in order
to (1) bring together specialists from various disciplines to conduct
systematic research at fundamental levels; (2) assist the central
government in the formulation of policies and programs; (3) address
themselves to the examination of issues of central concern to the
government, such as problems of national integration, social
technological and cultural change, social effects of national policy,
international developments and their impact on our national life, as
well as security and strategic problems; and (4) establish degree
programs and participate in existing instructional programs in order to
produce Filipino experts or specialists for the nation.
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all the
Armed Forces of the Philippines and pursuant to Proclamation No. 1081,
dated September 21, 1972, as amended, in order to effect the needed
mobilization of national institutions for the purpose of
nation-building do hereby order and decree, that the law creating the
Asian Center R.A. 5334 be amended as follows:cralaw:red
1. There is hereby established a Philippine Center
for Advanced Studies in the University of the Philippines which shall
absorb the present Asian Center, its personnel, building and facilities.
2. The Philippine Center for Advanced Studies shall
be composed of the following Institutes and Divisions, which are also
hereby ordered established:cralaw:red
a. Institute of Islamic Studies
b. Institute of Philippine Studies
c. Institute of Asian Studies
d. Institute of Strategic Studies
e. Division of Basic Research
f. Division of Advanced Projects
g. Division of Academic Instruction
3. The Philippine Center for Advanced Studies shall
be an autonomous unit of the University of the Philippines system. The
basic administrative framework of the Philippine Center for Advanced
Studies (PCAS) shall follow the organizational and administrative
scheme for all autonomous units of the University of the Philippines
System with the following modifications:cralaw:red
a. There shall be a Board of Trustees that formulates
and reviews the objectives policies as well as nominate the officers
and staff of the PCAS.
The Board shall have seven (7) members: namely, the Executive
Secretary, the Secretary of National Defense, the Secretary of Foreign
Affairs; the Secretary of Education and Culture, the President of the
University of the Philippines, the Chancellor and Vice Chancellor of
the PCAS. chanroblesvirtualawlibrary
b. The PCAS shall be headed by a Chancellor who shall
be responsible for the leadership and over-all management and
functioning of the Center.
c. The following shall constitute the administrative
officers of the PCAS: the Chancellor, Vice Chancellor, Secretary,
Directors of the three Institutes, and Chairmen of the three Division.
4. The Board of Trustees of the PCAS shall take
necessary steps in formulating the functions and objectives of the
Institutes and Divisions created by this Decree.
5. To fulfill its purposes, the PCAS shall have the
following functions:cralaw:red
a. To adopt, alter, and use a corporate seal;chanroblesvirtualawlibrary
b. To take and hold by bequest, devise, gift,
purchase, or lease, either absolutely or in trust for any of its
purposes, and property and to invest and reinvest any principal, and
deal with and expand the income and principal of the said Center in
such manner as will best promote its objectives;chanroblesvirtualawlibrary
c. To collect, receive and maintain a fund or funds,
by subscription or otherwise, and to apply the income and principal
thereof to the promotion of itsms and purposes herein before set out;chanroblesvirtualawlibrary
d. To contract any obligation, or enter into any
agreement necessary or incidental to the proper management of its
corporate powers.
In general, to carry on any activity and to have and exercise all of
the powers of government owned or controlled corporations; and to do
any and all of the acts and things herein set forth to the same extent
as juridical persons could do, and in any person, entity, partnership,
association or corporation, domestic or foreign.
6. All funds currently appropriated to the present
Asian Center shall be incorporated into the budget of the PCAS. In
addition, the University of the Philippines is hereby directed to
appropriate from the University budget one and one half million pesos
(P1.5M) each fiscal year beginning June, 1974, to finance the Center's
recurring operational expenditures.
7. A PCAS endowment fund shall be created for the
purpose of providing for non-recurring expenditures of the Center.
There is hereby appropriated the amount of P20M out of any
unappropriated funds in the National Treasury and an additional P5M
from the same source for the initial requirements of the Center. chanroblesvirtualawlibrary
The endowment fund shall be administered as a trust with the Board of
Trustees of the Center as Trustees thereof, provided that the principal
of said endowment shall not be subject to impairment, and provided
furthermore that only the earnings thereof shall be available for
expenditure.
8. Expenditures and disbursements made by the PCAS in
the conduct of its affairs shall not be subject to the procurement
requirement and restrictions imposed by existing law upon government
agencies, instrumentalities and government-owned or controlled
corporations.
9. Any provision of law to the contrary
notwithstanding, appointments to the teaching, research and
administrative staff of the PCAS may be on a part-time basis, and shall
be exempt from the requirement and restrictions of the Civil Service
Law, laws, rules and regulations on position classification and salary
standardization and Section Two Hundred Fifty-Nine of the Revised
Administrative Code, provided, that any government retiree employed in
the PCAS shall not be required to reimburse or refund any gratuity
received from the government nor shall any pension or annuity to which
he is entitled be suspended or reduced on account of his employment in
the PCAS.
10. Any or all savings of the PCAS shall constitute a
revolving fund and shall not be reverted to the General Fund.
11. The PCAS may, for the purpose of teaching,
research, field work, and other activities obtain the services of
scholars and technical personnel of any agency of the Philippine
government including other units of the University of the Philippines
to provide instruction, perform research or field work and other
activities as may be needed. Such personnel may be given honorarium by
the PCAS, any law to the contrary notwithstanding.
Done in the City of Manila,
this 22nd day of November, in the year of Our Lord, nineteen hundred
and seventy-three.
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