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PRESIDENTIAL DECREE NO. 2020
PRESIDENTIAL DECREE NO. 2020 -
CONVERTING THE MINDANAO REGIONAL SCHOOL OF FISHERIES INTO ZAMBOANGA
STATE COLLEGE OF MARINE SCIENCES AND TECHNOLOGY, DEFINING ITS POWERS,
FUNCTIONS, AND DUTIES AND APPROPRIATING FUNDS THEREFORE, AND FOR OTHER
PURPOSES
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WHEREAS, it
is a policy of the state to periodically reorient the educational
system to serve as an effective vehicle for an accelerated economic
growth and the social well-being of the Filipino people;chanroblesvirtualawlibrary
WHEREAS, Western Mindanao is endowed with extensive fishing grounds
teeming with marine life, vast mangrove areas and swamplands suitable
for aquaculture development and fertile lands with unlimited potentials
for agriculture and agribusiness concerns that if rationally exploited,
utilized and developed would bring progress and prosperity to the
region and its people;chanroblesvirtualawlibrary
WHEREAS, Western Mindanao suffers from low agricultural and industrial
productivity and have limited productive employment opportunities
attributed to poor and inefficient resource utilization and inadequate
skilled manpower and infrastructure support;chanroblesvirtualawlibrary
WHEREAS, notwithstanding its natural bounties, Western Mindanao remains
underdeveloped on account of a dearth of competent leaders trained in
the rudiments of science and technology;chanroblesvirtualawlibrary
WHEREAS, the present Mindanao Regional School of Fisheries which was
included as one of the seven project institutes under the Sixth
Education Project of the Philippine Government (GOP/IBRD. No. 1786 PH)
had significantly improved its institutional capabilities to offer
programs in science and technology;chanroblesvirtualawlibrary
WHEREAS, the present College with its upgraded facilities can produce
the manpower needed to rationally exploit, utilize and develop the
natural resources of Western Mindanao, thereby accelerating economic
growth and improvement of the quality of life of its people.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Conversion and Establishment. — The
present Mindanao Regional School of Fisheries, located in Zamboanga
City is hereby converted into a Regional State College to be known as
Zamboanga State College of Marine Sciences and Technology, hereinafter
referred to in this Act as the State College.
Section 2. Composition of the State College. — The
State College shall be composed of the present Regional Institute of
Fisheries, Institute of Marine Transportation, and administrative units
of the Mindanao Regional School of Fisheries. The State College will
have administrative supervision over all fishery schools in the region
under a Regional Fisheries System. An Institute of Marine Sciences, a
School and other new departments, centers or units may later be
organized to become part of the State College.
Section 3. Purpose. — The State College shall provide
the necessary leadership in professional and technical instruction in
Fisheries, marinetime technology, marine sciences and development
management in line with the manpower requirement and other development
needs of Western Mindanao and neighboring regions. The State College
shall offer undergraduate and graduate courses in fisheries, maritime
technology, marine sciences, computer technology and development
management, as well as short-term technical/vocational courses relevant
to the needs of fisheries, maritime and other marine resource based
industries. It shall promote research in fisheries, and marine sciences
and in related agribusiness concerns.
Section 4. Governing Board. — The policy making power
of the Zamboanga State College of Marine Sciences and Technology is
hereby vested in the Board of Trustees. The Board will be composed of
five members, namely: the Minister of Education, Culture and Sports,
the Regional Executive Director of the National Economic and
Development Authority, the President of the State College, the Regional
Director of the Ministry of Agriculture and Food, and the President of
the Alumni Association of the College.
The members of the Board shall serve without compensation other than
actual and necessary expenses incurred in attendance upon meetings of
the Board or upon other official business related to his position as a
Trustee authorized by a resolution of the Board.
Section 5. Powers and Duties of the Governing Board.
— Board of Trustees shall have the following powers and duties in
addition to its general powers of a corporation provided in Section
Thirteen of the Corporation Law. chanroblesvirtualawlibrary
1) To determine and fix the dates and time of their
regular meetings as well as special meetings as the need for the same
may arise: Provided, That all such meetings shall not be more than
twice in a month, nor less than once in any quarter.
2) To recommend the President of the State College
for appointment by the President of the Philippines, who shall serve
for a period of six years, subject to reappointment provided that his
term of office shall not extend beyond the age of sixty-five.
3) To appoint, upon the recommendation of the
President of the State College the Vice-President, Executive Director,
the Directors of the different Institutes, Heads of Departments,
Professors, professorial lectures, visiting or exchange faculty and
other officers and employees whose basic salaries are at least equal to
that of an Assistant Professor; to fix their compensation, hours of
services, and such other duties and conditions as it may deem proper,
subject to pertinent budget and compensation laws.
4) To provide for the establishment of the institute
Marine Sciences, Graduate School and the School of Development
Management and other institutes and schools as it may deem necessary.
5) To approve curricular programs and rules of
discipline drawn by the College Council; fix the required tuition fees,
matriculation fees, fees for laboratory courses, graduation fees and
all other fees, and to reappropriate and utilize the same for the
operation of the State College.
6) To manage funds for the operation of income
generating projects, and to promulgate policies, rules and regulations
for operation and management of said projects.
7) To authorize the construction and repair of
buildings and related facilities, and other permanent improvements
under the direct administrative supervision of the State College, upon
recommendation of the President.
8) To promulgate other policies, rules and
regulations not specified in the preceding items for the effective and
efficient governance of the State College.
9) To delegate certain authorities to the President
of the State College as it may deem appropriate and prescribe rules
under which the President can enter into contracts without prior
approval of the Board for acquisition of properties and services, and
the purchase of equipment and supplies not exceeding a certain cost of
value, which the Board may later prescribe: Provided, That all such
contracts shall be reported to the Board.
10) To confer the usual honorary degrees upon persons
other than graduates of the State College in recognition of learning,
exemplary performance, eminence or outstanding contribution in
fisheries, marine sciences, maritime technology and development
management; Provided, that such degrees shall not be conferred in
consideration of the payment of money or other valuable considerations;
and
11) To file with the Office of the President and
Prime Minister of the Philippines, a detailed report of operations of
the State College for the preceding year on or before the thirty-first
day of March of each year.
Section 6. Quorum. — A quorum of the Board of
Trustees shall consist of a majority of all the members holding office
at the time the meeting of the Board is called. All processes against
the Board of Trustees shall be served on the Secretary thereof.
Section 7. The Administration. — The head of the
State College shall be known as the President of Zamboanga State
College of Marine Sciences and Technology. He shall be appointed by the
President of the Philippines upon the recommendation of the Board of
Trustees for a term of six years. He may be reappointed for another
term by the President of the Philippines also upon recommendation of
the Board of Trustees. He shall be assisted by a Vice-President of the
College. The powers and duties of the President of the State College,
in addition to those provided in this Act, shall be those usually
pertaining to the Office of the President of a State College.
Section 8. Powers of the President. — The powers and
duties of the President of the State College, in addition to those
usually pertaining to the Office of the President of a State College
which are not inconsistent with the provisions of law, are as follows:cralaw:red
1) To provide leadership for the State College;
preserve and protect its academic integrity and insure the strict
observance and implementation of the policies, rules and regulations
promulgated by the Board.
2) To recommend to the Board of Trustees for
appointment, the Vice-President, Executive Director, Directors of the
Institute, Professors, Administrative Officer, professional lectures,
exchange or visiting faculty and other officers and employees whose
basic salaries are equal to that of an Assistant Professor.
3) To appoint instructors and other faculty members,
officer and other employees of the State College subject to the
provision of Item three Section five of the Act; promote and transfer
said employees, fix their work schedule, grant leaves of absence and
approve their designation, additional assignments, compensations and
retirement accordance with the policies promulgated and approved by the
Board, subject to the provisions of pertinent budget and compensation
laws. chanroblesvirtualawlibrary
4) To recommend the promotion, additional
remuneration and the granting of fringe benefits to the officials of
the State College appointed by the Board.
5) To set up the machinery for the review of all
disciplinary actions appealable to the Office of the President and the
machinery for redress of grievances.
6) To exercise within the framework of the policies
of the State College, development planning and allocation of resources,
request for grants, endowments and other donations, external relation
and State College policies relative to curricula and other academic
programs, and rights, privileges, responsibilities and welfare of State
College constituency.
7) To formulate comprehensive institutional
development plan for the State College, to be revised and updated every
5 years or every year as may be necessary.
8) To submit and recommend to the Board approval of
curricular programs, rules of discipline, the conferment of degrees and
diplomas and awarding of certificates as recommended by the College
Council.
9) To award fellowships, assistantships and
scholarships to the faculty and other employees and students in
accordance with the policies prescribed by the Board.
10) To negotiate and obtain grants for specific
projects, donations of properties of all kind subject to the
confirmation of the Board and to administer the same for the benefit of
the State College and its constituency in accordance with the wishes of
the donor and in the absence thereof, in such manner as the Board may,
in its discretion determine.
11) To prepare for approval of the Board the budget
of the State College.
12) To submit to the Board annual reports on the
operations of the State College, and such other reports as the latter
may require.
13) To prescribe rules and regulations not contrary
to law for the governance of the State College consistent with its
purpose and the policies promulgated by the Board; and
14) To exercise such other powers and duties as may
be delegated to him by the Board.
Section 9. The Secretary of the State College. — The
Board of Trustees shall appoint a Secretary who shall serve in a
concurrent capacity the Board and the State College, and shall keep
such records of the State College as may be designated by the Board and
the President of the State College.
Section 10. The College Council. — There shall be a
College Council, consisting of the President, Vice-President, Executive
Director, Directors of the Institutes/Schools, Professors, Associate
Professors and Assistant Professors. The President or his duly
authorized representative, who is a member of the Council, shall be the
Chairman of the Council.
Subject to the existing laws and approval by the Board and upon the
recommendation of the President, the College Council shall:cralaw:red
1) Prescribe courses of study and rules of discipline;chanroblesvirtualawlibrary
2) Fix the requirements for admission to any
Institute and Schools of the State College as well as for graduation
and of degrees;chanroblesvirtualawlibrary
3) Recommend candidates for graduation and recipients
of honors and awards; and
4) Exercise disciplinary powers over the studentry
through the President or Executive Committee composed of the President
and the Vice-President, the Executive Director and the Directors of the
different Institutes and Schools pursuant to the rules of discipline
approved by the Board.
Section 11. The Faculty of the State College. — The
instructors and professors of the State College who shall constitute
its faculty to be presided by a Director who shall be selected from
among the members of such faculty and appointed by the Board for a term
fixed by the College Council, upon recommendation of the President of
the State College.
Section 12. In the appointment of instructors and
professors, and other personnel of the State College, religious
opinions or affiliations shall not be made a matter of inquiry or
examination. Provided, however, that no professor, instructor or any
other personnel of the State College shall inculcate sectarian tenets
in any of the teachings nor attempt, directly or indirectly, under
penalty of dismissal by the Board of Trustees, to influence students at
attendance at the State College for or against any particular church or
religious sect. The State College shall enjoy full academic freedom.
Section 13. Civil Service Requirement. — Professors
or instructors of the State College shall be exempted from any civil
service examination or regulation as a prerequisite to appointment,
shall be entitled to the privileges and rights of security of tenure,
promotion in position and salaries for meritorious service, sabbatical
leave, leaves and retirement benefits as now provided and will be later
provided by law. chanroblesvirtualawlibrary
Section 14. A student shall not be denied admission
to the State College by reason of sex, ethnic consideration and
religious belief or affiliation.
Section 15. Appropriation. — The appropriation of the
Mindanao Regional School of Fisheries-Regional Institute of Fisheries
Technology at the time of its conversion shall be transferred to the
Zamboanga State College of Marine Sciences and Technology. Thereafter,
funds for the operation and maintenance of the College shall be
included in the Appropriation Act, total sum of which shall be
recommend by the Ministry of Education and Culture and the Office of
the President.
Section 16. Property of the State College. — The
assets, fixed or movable, and records of the Mindanao Regional School
of Fisheries-Regional Institute of Fisheries Technology are hereby
transferred to the Zamboanga State College of Marine Sciences and
Technology.
Section 17. General Provisions. — 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 18. This Decree shall take effect immediately.
Done in the City of Manila,
this 28th day of January, in the year of Our Lord, nineteen hundred and
eighty-six.
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