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PRESIDENTIAL DECREE NO. 1295
PRESIDENTIAL DECREE NO. 1295 -
CREATING THE NATIONAL ENGINEERING CENTER
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WHEREAS,
the country's continuing and accelerated efforts at national
development and well-being require progressive and adequate
technological utilization and diffusion;chanroblesvirtualawlibrary
WHEREAS, more rapid national development further demands a steady and
expanding supply of technical manpower with expertise in the various
fields of technology and engineering and an updating of existing
technical manpower; chanroblesvirtualawlibrary
WHEREAS, a continuing interaction between government, industry and the
university is mutually beneficial and in the interest of national
development; and
WHEREAS, to meet the above-mentioned demands it is necessary to provide
adequate support so that existing programs for the development of
qualified manpower and research on technological development can be
strengthened, improved, and expanded;chanroblesvirtualawlibrary
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. Creation of the National Engineering
Center. — There is hereby created and established the National
Engineering Center (hereafter referred to as NEC in the University of
the Philippines System). The NEC shall be a distinct and separate unit
from the UP College of Engineering and shall absorb the UP Industrial
Research Service Center, the National Hydraulic Research Center, the
Training Center for Applied Geodesy and Photogrammetry, the Transport
Training Center, and the Building Research Service. Purely academic
functions shall be undertaken by the UP College of Engineering at a
larger scale to be made possible by the financial support of the NEC.
Section 2. Objectives. — The NEC shall have the
following objectives:cralaw:red
(a) To provide a pool of technical experts to which
public and private entities may turn for assistance in the solution of
engineering problems.
(b) To develop technologies that utilize local
resources which are adapted to the needs of a developing country. chanroblesvirtualawlibrary
Section 3. Powers and Functions. — The NEC shall have
the following powers and functions:cralaw:red
(a) To undertake and promote research activitiesmed
at solving indigenous technological problems in cooperation with
private industry, government entities, and other engineering schools;chanroblesvirtualawlibrary
(b) To assist the Department of Education and Culture
in formulating programs in such areas as curricula laboratory
standards, teaching materials, equipment and the like;chanroblesvirtualawlibrary
(c) To update practising engineers on significant
developments in their field by organizing seminars and offering
continuing education courses;chanroblesvirtualawlibrary
(d) To undertake studies in such areas as water
resources and other natural resources development, transportation and
communication, environmental engineering, building and low-cost housing
with emphasis on earthquake and typhoon protection;chanroblesvirtualawlibrary
(e) To finance research and development programs in
the pursuit of knowledge and technological achievement in the various
fields of engineering;chanroblesvirtualawlibrary
(f) To develop information useful to practising
engineers.
Section 4. Executive Director of the NEC. — The NEC
shall be headed by an Executive Director who shall be appointed by the
Board of Regents of the University of the Philippines System upon
recommendation of the President of the University. He shall be under
the immediate administrative supervision of the President of the
University.
Section 5. Advisory Board. — The plans and programs
of the NEC shall be reviewed and approved by an Advisory Board composed
of: chanroblesvirtualawlibrary
(a) The Executive Vice-President of
the University of the Philippines
System — Chairman
(b) Dean, UP College of Engineering
— Member
(c) The Undersecretary of Public
Works, Transportation &
Communication — Member
(d) The Undersecretary of Industry
— Member
(e) The president of the UP Alumni
Engineers — Member
(f) (2) members to be appointed by the Board of
Regents of the University of the Philippines System upon the
recommendation of the Dean of the UP College of Engineering who shall
serve for a term of three (3) years and may be reappointed for another
term of three (3) years.
Section 6. Service of Scientists and Technical
Personnel. — The NEC may, for the purpose of its research and
development activities, obtain the services of scientists and technical
personnel of other units in the University of the Philippines System
and of any other agency of the government of the Republic of the
Philippines. Such personnel may be paid additional compensation or
honoraria by the NEC. Any government retiree employed in the Center
shall not be required to reimburse or refund any gratuity or pension
received from the government nor shall any pension or annuity be
suspended or reduced on account of his employment in the NEC.
Section 7. Building Construction and Equipment
Purchase. — The NEC is hereby authorized to construct buildings and
other facilities and to purchase equipment locally and abroad as may be
necessary to carry out its functions.
Section 8. Operating Revenues. — The NEC is
authorized to charge fees for consultancy and other services rendered,
to utilize the proceeds of such fees in the conduct of the work
contracted for, and to retain any surplus in a Special Account in the
General Fund for use in the improvement of the operations of the NEC,
including the purchase of laboratory equipment and building expansion:
Provided, That, consultancy services for government agencies and
corporations shall be subject to pertinent law and regulations,
particularly the level of consultancy rates: Provided, Further, That
the cost of personnel services, honoraria, and staff contractual fees
paid from operating revenues to officials and employees of the
University of the Philippines shall observe standard policy, procedure
and rates as may be approved by the NEC. chanroblesvirtualawlibrary
Section 9. Position Classification and Compensation.
— The position classification and compensation rates paid to the staff
members of the NEC shall be the same as those applicable to the
University of the Philippines System: Provided, That, honoraria and
consultancy rates shall be within the limits established under the
annual General Appropriations Law.
Section 10. Special Auditing Rules and Regulations. —
Expenditures and disbursements made by the NEC in the conduct of its
activities shall be subject to special auditing and accounting rules
and regulations suited to the requirements of research. These special
auditing rules and regulations shall be formulated by the Office of the
President of the University of the Philippines System and the
Commission on Audit and submitted to the President of the Republic of
the Philippines for review and approval within four (4) months after
approval of this Decree.
Section 11. The transitory Provisions. — All existing
Centers in the UP College of Engineering shall become part of the NEC.
Government budget allocations to the said existing Centers shall be
transferred to the NEC except budgetary allotments for purely
instructional purposes.
All equipment of the said existing Centers in the UP College of
Engineering used for purely instructional purposes shall be retained by
the College. However, arrangements shall be made to share equipment
used for instructional and research purposes between the College and
the NEC.
Section 12. Separability Clause. — If any provision
of this Decree or the application thereof to any person or circumstance
is declared unconstitutional or invalid for any reason, the same shall
not effect the validity of the other provisions.
Section 13. Repealing Clause. — All acts, parts of
acts, executive orders, ordinances, rules and regulations which are
inconsistent with the provisions of this Presidential Decree are hereby
repealed, amended or modified accordingly.
Section 14. Effectivity. — This Decree shall take
effect immediately.
Done in the City of
Manila, this 27th day of January, in the year of Our Lord, nineteen
hundred and seventy-eight.
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