Presidential Decree No. 1427 (PD 1427) — Converting the Zamboanga State College into the Western Mindanao State University, Defining Its Powers, Functions, and Duties and Appropriating Funds Therefor, and for Other Purposes.
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 shall aim to develop scientific, technological and
vocational efficiency; 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;
WHEREAS, the Western Mindanao Region, comprising the
provinces of Sulu, Tawi-Tawi, Basilan Province, Zamboanga del Norte, and
Zamboanga del Sur and the cities of Dapitan, Dipolog, and Pagadian and
Zamboanga, is endowed with 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;
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 in Western Mindanao
and in effecting a more equitable sharing of the country's wealth and income
that will ultimately make them productive, progressive, and dignified
citizens;
WHEREAS, the establishment of the Western Mindanao State
University will, likewise, relieve the city of Manila from congestion and other
concomittant problem arising from overpopulation, such as housing, sanitation,
transportation, and peace and order:
WHEREAS, the establishment of the Western Mindanao State
University 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:
Conversion and Establishment.
SECTION 1. Conversion and Establishment.—There is
hereby converted the Zamboanga State College into the Western Mindanao State
University (WMSU), a university to serve Western Mindanao region herein referred
to in this Decree as the University.
Composition of the University.
SEC. 2. Composition of the University.—The
University shall be composed of the presently existing academic departments and
institutes, administrative and supportive units, and external units of the
Zamboanga State College. The academic departments and institutes shall be
reorganized and renamed as follows: The Graduate Department shall become the
Graduate School; the Institute of Arts and Sciences shall become the College of
Arts and Sciences, College of Forestry, and College of Social Work; the
Institute of Education, including the High School department and the Laboratory
School shall become the College of Education; the Institute of Nursing shall be
the College of Nursing; the Institute of Engineering as the College of
Engineering and Technology; the external studies at Dipolog City, Tawi-Tawi, and
Sulu shall become the External Unit at Zamboanga del Norte, External Unit at
Tawi-Tawi, and External Unit at Sulu respectively. A College of Agriculture, a
College of Medicine; an External unit at Zamboanga del Sur and an External unit
at Basilan Province and other new colleges, departments, or units may later be
organized to become part of the University.
Purpose.
SEC. 3. Purpose.—The main purpose of the University
is to provide the necessary leadership in professional and technical instruction
in the arts, sciences, and technology in line with the goals for national and
regional development. The University shall offer undergraduate and graduate
course in the arts and sciences, education, medical sciences, agriculture and
forestry, engineering and technology, and other courses necessary to meet the
needs for trained manpower for the region. It shall promote research in the
various disciplines and fields of specialization for the advancement knowledge
and for the socio-economic and cultural development of the region.
Powers of the University.
SEC. 4. Powers of the University.—The following are
the powers of the University:
It shall have the general powers as set forth in Section Thirteen of Act
numbered Fourteen Hundred Fifty-nine, as amended. The exercise of its corporate
powers are hereby vested exclusively in the Board of Regents and in the
President of the University in so far as authorized by the Board.
It shall have the power to acquire public lands, real estate for its
expansion and/or beneficial use; and to purchase motor vehicles, conveyances,
and other facilities and equipment necessary for the operation of the
University.
The Governing Board.
SEC. 5. The Governing Board.—(a) Composition—The
government of Western Mindanao State University is vested in Board of Regents
which shall be composed of seven members, three of which are regular members and
four are ex-officio members. The three regular members must be Filipino
citizens and residents of the Philippines one of whom shall be the President of
the University Alumni Association and two from the private sector who are
appointed by the President of the Philippines, one of whom shall be a well known
educator who belongs to a cultural minority in the region. The four
ex-officio members shall be the Secretary of Education and Culture, as
Chairman, the Regional Commissioner for Region IX, the Executive Director of the
NEDA for Region IX, and the President of the University. The regular members of
the Board shall serve a term of four years. In case of a vacancy in the regular
membership of the Board, the President of the Philippines shall, upon
recommendation of the Board of Regents, appoint a new member to serve for the
unexpired term only.
The regular members of the Board shall each receive for every meeting
actually attended a per diem of One Hundred Pesos: Provided, That in no
case shall the total amount received by each exceed Two Hundred Pesos for any
one month. Besides the per diem, they, together with the ex-officio
members, shall be reimbursed for actual but necessary expenses incurred in
attendance upon meetings of the Board or upon performing other official business
authorized by resolution of the Board.
(b) Quorum—A quorum of the Board of Regents shall consists 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 Regents shall be served on the Chairman or
secretary thereof.
(c) Powers and Duties of the Board. The Board of Regents shall have the
following powers and duties in addition to its general powers of administration
and the exercise of the powers of the corporation:
To determine and fix the dates and time of their regular meetings, as well
as special meetings as the need for same may arise: Provided, That all
such meetings shall not be more than once in any month, no less than once in any
one quarter.
To recommend the President of the University for appointment by the
President of the Philippines, and who shall serve for a period of six years,
subject to reappointment provided that his term of office shall not extend
beyond age 65.
To fix the compensation of the President of the University subject to
pertinent budget and compensation laws, rules and regulations.
To provide and appropriate to the ends specified by law such sums as may be
provided by law for the support of the University.
To provide for the establishment of colleges and schools as it may deem
necessary.
To receive in trust legacies, gifts, and donations of real estate and
personal property of all kinds and to administer the same for the benefit of the
University or of a department thereof, or for and to any student or students in
accordance with the direction or instruction of the donor, and or in default
thereof, in such manner as the Board may in its discretion determine.
To appoint, on the recommendation of the President of the University, vice
presidents, directors, deans, secretary of the University, professors,
lecturers, instructors, registrars, department heads, division chiefs, and other
employees of the University; to fix their compensation, hours of service, and
such other duties and conditions as it may deem proper, subject to pertinent
budget and compensation laws, rules and regulations; to grant to them, in its
discretion, leave of absence under such regulations as it may promulgate; and to
remove them for cause after an investigation and hearing shall have been had.
To approve the courses of study and rules of discipline drawn by the
University Council; to fix the required tuition fees, matriculation fees, fees
for laboratory courses, graduation fees, and all special fees; to reappropriate
and utilize the same for the operation of the University and to utilize annual
appropriations and other incomes for the maintenance of the University.
To provide fellowships to qualified faculty members and scholarships to
deserving students.
To establish chairs in the colleges of the University, and to provide for
the maintenance and endowment of such chairs, as well as to provide for such
other professors, assistant professors, instructors, tutors, and lecturers as
the progress of instruction may make necessary, and to fix the compensation
pertaining to such positions.
To confer the usual honorary degrees upon persons other than graduates of
the University in recognition of learning, statesmanship or eminence in
literature, science, or arts: Provided, That such degrees shall not be
conferred in consideration of the payment of money or other valuable
consideration; and
To file with the President of the Philippines a detailed report, setting
forth the progress, conditions, and needs of the University on or before the
fifteenth day of September each year.
The Administration.
SEC. 6. The Administration.—The administration of
the University shall be vested in the President of the University who shall
render full-time service. The University President shall be appointed by the
President of the Philippines. He shall be assisted by a Vice President for
Academic Affairs and Vice President for Administrative Affairs who shall be
appointed by the Board of Regents upon recommendation of the President of the
University.
Powers of the President.
SEC. 7. Powers of the President.—The
powers and duties of the President of the University, in addition to those
usually pertaining to the office of the President of the University which are
not inconsistent with the provisions of law, are as follows:
To recommend to the Board of Regents for appointment, vice-presidents,
directors, deans, secretary of the University, registrars, departments heads,
directors, chiefs, professors, instructors, lecturers, and other employees of
the University.
To promulgate for the government of the University such general ordinance
and regulations, not contrary to law, as are consistent with the purpose of the
University.
To call for special meetings of the Board of Regents when need arises.
The Secretary of the University.
SEC. 8. The Secretary of the University.—The Board
of Regents shall appoint a secretary who shall serve as such for both the Board
and the University, and shall keep such records of the University as may be
designated by the Board and the President of the University.
The University Council.
SEC. 9. The University Council.—There shall be a
University Council, consisting of the President of the University and of all the
members of the faculty of the University holding the ranks of professor,
associate professor, and assistant professor. Subject to existing laws, the
Council shall have the power to prescribe the courses of study and rules of
discipline, provided these matters are first approved by the Board of Regents.
Subject to the same limitations, it shall fix the requirements for admission to
any college or school of the University as well as for graduation and conformant
of degrees. Through the President or Executive Committee, it shall have the
disciplinary power over the students within the limits prescribed by the rules
of discipline approved by the Board of Regents. The Executive Committee,
composed of the deans and directors of colleges and schools, acts in an advisory
capacity to the President of the University in all matters pertaining to his
office for which he seeks advice.
The University Planning Center.
SEC. 10. The University Planning Center.—There
shall be a planning center composed of a director, and committees on curriculum,
studentry, staff development, recruitment, and utilization, university plant,
and external affairs. The director, chairman, and members of the committees of
the University Planning Center shall be appointed by the President of the
University. It shall be the responsibility of the Center to assist the President
of the University in planning for the expansion, growth, development, and the
proper management and operation of the University consistent with the over-all
scheme of national development and the educational demands of the present
time.
The University Research Center.
SEC. 11. The University Research Center.—There
shall be a University Research Center which shall be the coordinating body to
integrate the research activities of the different academic units and faculty
and to plan research programs arising from the needs of the University. The
Center may act to coordinate with local and national agencies engaged in
research projects that will meet the needs and objectives envisioned in the New
Society.
The University Research Council, composed of the Vice-President for Academic
Affairs as ex-officio Chairman with the Dean of the University Research
Center and Deans of the different Colleges/Schools as members, formulate and
recommends to the President the policies and guidelines for research
coordination and such rules as may be necessary to achieve a more integrated and
effective research program.
The University Research Center shall be headed by a Dean who shall be
appointed by the Board of Trustees upon recommendation of the President of the
University. He implements the policies and rules pertaining to research approved
by the President of the University. He has overall responsibility, supervision,
and control with corresponding authority of all activities and personnel of the
Center. He shall be assisted by the chiefs and other personnel of the different
divisions of the University Research Center.
The Officers of Administration.
SEC. 12. The Officers of Administration.—The
Officers of Administration of the University are the President, the
Vice-President for Academic Affairs and Vice-President for Administrative
Affairs, the Deans of the different colleges, the Secretary of the University,
the Director of Administrative Affairs, Dean of the University Research Center,
Dean of Extension Services, Dean of External Studies, the Dean of Admissions and
the Dean of Student Affairs.
The Faculty and Other personnel of the University.
SEC. 13. The Faculty and Other personnel of the
University.—The body of professors and instructors of each college shall
constitute its faculty and as presiding officer of each faculty shall be a
college dean appointed by the Board of Regents on nomination by the President of
the University. In the appointment of professors, instructors, and other
personnel of the University, no religious tests shall be required nor shall
their religious opinion or affiliations be made a matter of examination or
inquiry: Provided, however, That no professor or instructor or any
other personnel in the university, shall inculcate sectarian tenets in any of
the teaching nor directly or indirectly, under penalty of dismissal by the Board
of Regents, to influence students at attendance at the University for or against
any particular church or religious sect. The University shall enjoy academic
freedom. The faculty and other personnel of the Zamboanga State College shall be
absorbed as employees of the Western Mindanao State University without reduction
in position, rank, or salary.
Civil Service Requirements.
SEC. 14. Civil Service Requirements.—The President,
professors, and instructors of the University shall be exempt from any civil
service examination, or regulation as a requisite to appointment. However, they
shall be entitled to the privileges and rights or security of tenure, promotion
in position and salaries for meritorious service, sabbatical leave, leaves and
retirement benefits, as to the government service as now provided for by
law.
The Auditor of the University.
SEC. 15. The Auditor of the University.—The Auditor
General of the Philippines shall be ex-officio Auditor of the
University and shall designate his representative who must hold regular office
in the University to be able to perform his duties efficiently and
satisfactorily as a regular official of the University.
The Board of Visitors of the University.
SEC. 16. The Board of Visitors of the
University.—The President of the Republic of the Philippines, the First
Lady of the Philippines, the Secretary of Education and Culture, and the
Regional Commissioner for Western Mindanao shall constitute a board of visitors
of the University whose duty is to attend commencement exercise of the
University, to make visits at such other times as they may deem proper, to
examine the property, look into the state of finances of the University, to
inspect all books of accounts of the institution and to report and make
recommendations to the President of the Philippines.
Appropriations.
SEC. 17. Appropriations.—(a) The appropriation of
the Zamboanga State College at the time of its conversion shall be transferred
to the Western Mindanao State University. Thereafter, funds for the maintenance
of the University shall be included in the Annual Budget of the National
Government, the total sum of which shall be recommended by the Board of Regents
of the University.
(b) All public works appropriations earmarked for the Zamboanga State College
are hereby transferred to the University: Provided, further, That such
appropriations shall continuously be alloted to the University and included in
the Public Works Decree.
Property of the University.
SEC. 18. Property of the University.—The assets,
fixed and movable, and records of the Zamboanga State College are hereby
transferred to the Western Mindanao State University. The area of twenty or more
hectares in San Ramon, Zamboanga City, administered by the Philippine Coconut
Authority is hereby transferred to the Western Mindanao State University to be
used as the site for the College of Agriculture.
General Provisions.
SEC. 19. General Provisions.—(a) The
Secretary of Education and Culture is hereby directed to take such steps as are
necessary for the immediate implementation of this Decree.
(b) All laws, decrees, orders, rules and regulations inconsistent with this
Decree are hereby repealed, modified or amended accordingly.
SEC. 20. This Decree shall take effect immediately.
Done in the City of Manila, this 10th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
