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PRESIDENTIAL DECREE NO. 1436
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PRESIDENTIAL DECREE NO. 1436 -
MERGING THE CAGAYAN VALLEY COLLEGE OF ARTS AND TRADES AND NORTHERN
LUZON COLLEGE OF AGRICULTURE INTO A STATE UNIVERSITY TO BE KNOWN AS THE
CAGAYAN STATE UNIVERSITY TRANSFERRING THE COLLEGE LEVEL COURSES OF
APARRI COLLEGE OF FISHERIES, BUKIG NATIONAL AGRICULTURAL AND TECHNICAL
SCHOOL, CAGAYAN VALLEY AGRICULTURAL COLLEGES, SANCHES-MIRA RURAL
VOCATIONAL SCHOOL, APARRI SCHOOL OF ARTS AND TRADES, GONZAGA NATIONAL
AGRICULTURAL VOCATIONAL SCHOOL, AND WESTERN CAGAYAN SCHOOL OF ARTS AND
TRADES INTO SAID UNIVERSITY, PROVIDING A CHARTER FOR THIS PURPOSE, AND
APPROPRIATING FUNDS THEREFOR
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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 goal of national development and further prescribed
that all educational institutions shallm to develop scientific,
technological, and vocational efficiency; chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 6-A also known as the
Educational Decree of 1972 promulgated on September 20, 1972, it has
been declared a policy of the government to reorient the educational
system towards an accelerated national economic growth and meaningful
social development;chanroblesvirtualawlibrary
WHEREAS, to maximize the effective utilization of limited resources, it
is necessary to integrate and convert the state-funded institutions of
higher learning located in the province of Cagayan into one institution
of learning in order to establish and effective and efficient state
university that will serve as an instrument towards the rapid
development of the national and manpower resources of Region II,
particularly of the Province of Cagayan;chanroblesvirtualawlibrary
WHEREAS, the establishment of a state university in the Province of
Cagayan will provide better service in professional and technical
training in the arts, sciences, humanities, and technology and in the
conduct of scientific research and technological studies;chanroblesvirtualawlibrary
WHEREAS, the integration of said institutions of higher learning into
an autonomous state university is necessary to hasten the realization
of the national goals as well as enhance regional development.
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: chanroblesvirtualawlibrary
Section 1. The present Cagayan Valley College of Arts
and Trades located in Tuguegarao, Cagayan and Northern Luzon State
College of Agriculture located in Piat, Cagayan are hereby merged into
a State University, hereinafter referred to as the University, with the
main campus and administrative site to be developed at Gonzaga,
Cagayan. The college level courses at the Aparri College of Fisheries,
Bukig National Agricultural and Technical School, Cagayan Valley
Agricultural College, Sanches-Mira Rural Vocational School, Aparri
School of Arts and Trades, Gonzaga National Agricultural Vocational
School, and Western School of Arts and Trades are hereby transferred to
the university.
Section 2. The governing board of the University
shall be the Board of Regents to be composed of the Secretary of
Education and Culture as Chairman, the President of the University as
Vice-Chairman, and a representative of the National Economic and
Development Authority and six (6) prominent citizens who have
distinguished themselves in their respective professions or fields of
specialization to be appointed by the President of the Philippines upon
the recommendation of the Secretary of Education and Culture as
Members. In the absence of the Secretary of Education and Culture, he
may designate his representative to sit in the meetings of the
board. chanroblesvirtualawlibrary
Of the first group of six (6) appointive regents, two shall serve for
two years; two for three years; and two for four years. Thereafter, the
appointees shall hold office for a term of four years. In case of
permanent vacancy, the appointee shall hold office for the unexpired
term only.
*Section 4. A quorum of the Board of Regents shall
consist of a majority of all the members holding office at the time of
the meeting. All processes against the University shall be served on
the President of the University or his duly authorized representative.
Section 5. The members of the Board of Regents shall
not receive compensation but shall be reimbursed for actual and
necessary expenses incurred either in attendance of meetings of the
Board or other official business authorized by the Board.
Section 6. The Board of Regents 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 thirteen of Act Numbered Fourteen Hundred
Fifty-Nine as amended otherwise known as the Corporation Law.
a. To prescribe rules for its own government and to
enact for the government of the University such rules and regulations
not contrary to law, as may be necessary to carry out the purpose and
functions of the University; chanroblesvirtualawlibrary
b. To receive and appropriate to the ends specified
by law such sums as may be provided for the support of the University;chanroblesvirtualawlibrary
c. To receive in trust, legacies, gifts, and
donations of real and personal property of all or the department
thereof, or ford to any student in accordance with the directions and
instructions of the donor, and in default thereof, in such manner as
the Board of Regents may in its discretion determine. All such
donations shall be exempt from all taxes and shall be considered as
deductible items from the income tax of the donors;chanroblesvirtualawlibrary
d. To approve the curricula and rules of discipline
drawn from the College Councils as hereinafter provided;chanroblesvirtualawlibrary
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, and to authorize the President of the
University to award certificates for completion of non-degree
programs; chanroblesvirtualawlibrary
f. To appoint, on recommendation of the President of
the University, provosts, vice-presidents, deans, directors,
registrars, heads of departments, professors and other officials and
employees of the University; to fix their compensation, hours of
service and such other duties and conditions as it may promulgate, and
in accordance with budget, compensation, and other pertinent laws,
rules and regulations; to remove them for cause after and investigation
and hearing;chanroblesvirtualawlibrary
g. To establish chairs in the University and to
provide fellowships for qualified faculty members and other
scholarships to deserving students;chanroblesvirtualawlibrary
h. To fix tuition fees, matriculation fees,
graduation fees, laboratory fees, and such special fees and charges as
it may deem proper to impose. Such fees and charges including other
income generated by the University, shall revert to the General Fund in
accordance with the provisions of P.D. 711.
i. To authorize the University to undertake the
construction and/or repair of its building, machinery, and equipment
and other facilities, provided that the funds for the purpose shall
come from its appropriation.
Section 7. No student shall be denied admission to
the University by reason of sex, nationality, religion, or political
belief.
Section 8. The head of the University shall be known
as the President of the University. He shall be appointed for a term of
six (6) years by the President of the Philippines upon consultation
with the members of the Board. chanroblesvirtualawlibrary
The powers and duties of the President of the University in addition to
those specifically provided for in this Decree, shall be those usually
pertaining to the Office of the President of a university.
Section 9. The incumbent presidents of the
institutions of higher learning integrated in this decree shall
continue to serve as Provosts of their respective colleges or units
until such time as the terms of office and other conditions of service
of Provosts as well as other officials and employees of the University
shall have been determined by the Board of Regents.
Section 10. There shall be an Administrative Council
consisting of the President of the University as Chairman and the
Vice-Presidents and provosts as Members, whose duty shall be to prepare
and promulgate general policies of the University governing personnel,
financial management, and development planning, subject to the approval
of the Board of Regents.
Section 11. There shall be a College Council in each
college or unit of the University with the Provost as Chairman and all
the faculty of the college as members. The body of instructors,
assistant professors, associate professors, and professors of each
college shall constitute the faculty of the college.
The College Council shall have the power to prescribe the curricula and
rules of discipline of the college or unit of the University subject to
the approval of the Board of Regents. It shall fix the requirements for
admission to the college or unit as well as for graduation and
conferring of degrees subject to review of the Board of Regents. The
Council alone shall have the power to recommend students or others to
be recipients of degrees. Through the President of the University or
its duly authorized committees, the Council shall have disciplinary
power over the students of the college or unit of the University within
the limits prescribed by the rules of discipline as approved by the
Board of Regents. chanroblesvirtualawlibrary
Section 12. Members of the faculty of the University
shall be exempt from any civil service examination or regulation as a
requisite to appointment. No religious test shall be applied nor shall
the religious opinions or affiliations be a matter of inquiry in the
appointment of faculty members of the University provided that no
member of the faculty shall teach for or against any particular church
or religious sect.
Section 13. There shall be an Advisory Council for
each college or unit of the University to be headed by the Provost of
the college or unit. The Advisory Council shall provide advice and
counsel to the Provost in matter of general policy concerning the
affairs of the college or unit of the University.
The present members of the Board of Regents or Trustees of the present
institutions of higher learning integrated in this Decree shall
continue to serve as members of the Advisory Council of their
respective institution, except the Chairman of the Board of Regents or
Trustees, for a term of four (4) years. Thereafter, the members of the
Advisory Council of each college or unit of the University shall be
appointed by the Board of Regents upon the recommendation of the
President of the University.
Section 14. The Treasurer of the Philippines shall
be ex-officio treasurer of the University. All accounts and expenses
thereof shall be audited by the Commission on Audit or its duly
authorized representative.
Section 15. All personnel, assets, records, and
appropriation of the Institutions of higher learning integrated in this
Decree are hereby transferred to the University, except the
appropriations of the Aparri College of Fisheries, Bukig National
Agricultural and Technical School, Cagayan Valley Agricultural College,
Sanches-Mira Rural Vocational School, Aparri School of Arts and Trades,
Gonzaga National Agricultural Vocational School, Western Cagayan School
of Arts and Trades. chanroblesvirtualawlibrary
Section 16. Heads of Bureaus and offices of the
National government and provincial or city government in Region II are
hereby authorized to loan or transfer, upon request of the President of
the University, such apparatus, equipment and supplies as may be needed
by the University and to detail employees for duty therein when in the
judgment of the head of the bureau or office, 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
hours.
Section 17. The Secretary of Education and Culture
is hereby directed to such steps as are necessary for the immediate
implementation of this Decree. For this purpose, he is hereby
authorized to create a technical committee to advise the Board of
Regents of the University towards the proper establishment,
development, and expansion of the programs of the University.
Section 18. In addition to the present appropriation
of the institutions of higher learning integrated in this Decree the
sum of ONE MILLION PESOS (P1,000,000) is hereby appropriated out of the
funds of the National Treasury not otherwise appropriated to carry out
for the purpose of this Decree. Thereafter, funds needed for the
maintenance and continued operation of the University shall be included
in the Annual Appropriation Act.
Section 19. Republic Act Nos. 5293 and 5547, and
such other laws, acts, decrees, or executive orders contrary to or
inconsistent with this Decree are hereby repealed or amended
accordingly.
Section 20. This Decree shall take effect
immediately.
Done in the City of Manila,
this 11th day of June, in the year of our Lord, nineteen hundred and
seventy-eight.
* Copied verbatim from documents obtained directly
from Bureau pf Printing publication (missing Section 3).
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