Presidential Decree No. 1437 (PD 1437) — Defining the Composition and Powers of the Governing Boards, the Appointment and Term of Office of the President of Chartered State Universities and Colleges, 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 has been declared a policy of the government to reorient the
educational system toward an accelerated national economic growth and meaningful
social development;
WHEREAS, there is a need to define the composition and
powers of the governing boards of chartered state universities and colleges in
order to achieve a more coordinated and integrated system of higher education,
to render them more effective in the formulation and implementation of policies
on higher education, and to provide for more relevant direction in their
governance;
WHEREAS, the enabling laws of certain chartered state
colleges and universities indicate a fixed term of office of the presidents
thereof while the others are silent on the matter, and there is accordingly a
felt need to provide a standards on the tenure of college or university
presidents in accordance with the generally accepted management practices.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do hereby
order and decree to be part of the laws of the land:
SECTION 1. Any provision of law to the contrary
notwithstanding, the composition of the governing boards of chartered state
universities and colleges is hereby modified and reconstituted as follows:
Secretary of Education and Culture—Chairman President of the University or
College—Vice Chairman
Representative of the National Economic and Development Authority (NEDA),
Member
Two (2) prominent citizens who have distinguished themselves in the
professions or fields of specialization of the institutions concerned, one
representing the alumni of the institution concerned, the other chosen from
prominent citizens in the city or province where the school is located, to be
appointed by the President of the Philippines upon recommendation of the
Secretary of Education and Culture, Member
The first group of appointive regents or trustees shall serve for two (2)
years and four (4) years, respectively. Thereafter, the appointees shall hold
office for a term of four (4) years. In case of permanent vacancy, the appointee
shall hold office for the unexpired term only.
In the absence of the Secretary of Education and Culture, the Secretary shall
authorize a representative, preferably the undersecretary concerned and at the
least a director, to sit in the meetings of the board: Provided,
however, that during these meetings the president shall preside as Vice
Chairman of the Board.
SEC. 2. The governing boards shall exercise policy-making
functions in accordance with the general policies, plans, and programs on
education as may be formulated by the National Board of Education and the
Secretary of Education and Culture and the general policies, plans, and programs
on national and regional development as may be issued by the National Economic
and Development Authority (NEDA). The Secretary of Education and Culture as
Chairman of the governing boards shall see to it that the general educational
policies, plans and programs as formulated and promulgated are adopted and
observed in all state colleges and universities.
SEC. 3. Subject to the provisions of Section 2 hereof, the
governing boards shall have the following specific powers and duties in addition
to the general powers as provided in Section Thirteen of Act Numbered Fourteen
Hundred Fifty-Nine, as amended, otherwise known as the Corporation Law:
To enact for the government of the university or college such rules and
regulations not contrary to law, as may be necessary to carry out the purpose
and functions of the university or college.
To receive and appropriate to the ends specified by law such sums as may be
provided for the support of the university or college.
To import duty-free essential commodities and materials for advanced
educational or technological programs as an exception to existing laws, provided
such commodities or materials are not available locally; and to receive in trust
legacies, gifts, and donations of real and personal property of all kinds, to
administer the same for the benefit of the university or college or for aid to
any student in accordance with the directions and instructions of the donor, and
in default thereof, in such manner as the governing boards may in their
discretion determine. Such donations shall be exempt from all taxes and shall be
considered as deductible items from the income tax of the donors.
To approve the curricula and rules of discipline drawn by the Administrative
and Academic Councils as hereinafter provided.
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 or
college, and to authorize the presidents of the university or college to award
certificate for completion of non-degree programs;
To confirm appointments of vice presidents, deans, directors, registrars,
heads of departments, professors, and other officials and employees of the
university or college made by the president, to fix their compensation, hours of
service, and such other duties and conditions as the governing boards may
promulgate, in accordance with the provisions of existing laws; to remove them
for cause after investigation and hearing.
To establish chairs in the university or college and to provide fellowships
for qualified faculty members and scholarships to deserving students.
To fix tuition fees and such other necessary school charges as the governing
boards may deem proper to impose. Such fees and charges, including other incomes
generated by the university or college shall constitute a special trust fund for
the exclusive use of the university or college, any provision of existing laws
to the contrary notwithstanding.
To authorize the construction or repair of its buildings, machineries,
equipment and other facilities and the purchase of necessary supplies,
materials, and equipment, any provision of law to the contrary notwithstanding:
provided, however, that the funds for the purpose shall come from the
authorized appropriation of the university or college.
SEC. 4. A quorum of the governing boards shall consist of a
majority of all the members holding office at the time of the meeting;
Provided, however, that among those present are the Secretary of
Education and Culture, who is chairman of the Board, or the President, who acts
as presiding officer in the former's absence. All processes against the
university or college shall be served on the President of the university or
college or his duly authorized representative.
SEC. 5. The members of the governing boards shall not
receive compensation but shall be reimbursed for actual and necessary expenses
incurred in their attendance of meetings or other official functions authorized
by the board.
SEC. 6. The head of the university or college shall be known
as the President of the university or college. He shall be qualified for the
position and appointed for a term of six (6) years by the President of the
Philippines upon recommendation of the Secretary of Education and Culture after
consulting with the board which may be renewed for another term upon
recommendation of the Secretary of Education and Culture after consulting the
Board. In case of vacancy by reason of death, absence or resignation, the
Secretary of Education and Culture shall have the authority to designate an
officer in charge of the college or university pending the appointment of the
President.
The powers and duties of the President of the University or college, in
addition to those specifically provided for in this Decree shall be those
usually pertaining to the office of the president of a university or
college.
SEC. 7. The incumbent president of a chartered state college
or university whose term may be terminated according to this Decree, shall be
entitled to full retirement benefits: provided that he has served the government
for at least twenty (20) years; And provided, further, That in case the
number of years served is less than 20 years, he shall be entitled to one month
pay for every year of service.
SEC. 8. There shall be an Administrative Council of the
university or college consisting of the President of the university or college
as Chairman, and the vice-president, deans, directors and other officials of
equal rank as members whose duty shall be to implement policies governing the
administration, management, and development planning of the university or
college subject as approved by the governing board.
SEC. 9. There shall be an Academic Council of the university
or college with the President of the university or college as Chairman and all
the professors members of the instructional staff of the university or college
as members.
The Academic Council shall have the power to prescribe the curricula and
rules of discipline of the college or university subject to the approval of the
board of Trustees/Regents. It shall fix the requirements for admission to the
college as well as for graduation and the conferring of degrees, subject to
review of the Board of Regents. The Council shall likewise have the power to
recommend students to be recipients of degrees. Through the President of the
university or college or his duly authorized representative, the Council shall
have disciplinary power over the students of the college or university within
the limits prescribed by the rules of discipline as approved by the Board of
Trustees/Regents.
SEC. 10. Members of the faculty of the university or college
shall be exempt from any civil service examination or regulation as a requisite
for appointment. No religious test shall be applied nor shall religious opinion
or affiliation be a matter of inquiry in the appointment of faculty members of
the university or college: provided, however, that no member of the
faculty shall teach for or against any particular church or religious sect.
SEC. 11. No student shall be denied admission to the
university or college by reasons of sex, nationality, religion or political
affiliation.
SEC. 12. The Treasurer of the Philippines shall be the
ex-officio treasurer of the university or college. All accounts and expenses of
the university or college shall be audited by the Commission on Audit or its
duly authorized representative.
SEC. 13. On or before the fifteenth day of the second month
after the opening of regular classes each year, the governing boards shall file
with the office of the President of the Philippines through the Secretary of
Education and Culture, a detailed report setting forth the progress, conditions,
and needs of the university or college.
SEC. 14. The Secretary of Education and Culture is hereby
directed to take such steps as are necessary for the immediate implementation of
this Decree.
SEC. 15. The enabling acts of the following state
institutions of higher learning or any parts thereof which are contrary to or
inconsistent with the provisions of this Decree are hereby repealed, amended, or
modified accordingly: Bicol University; Bukidnon State College; Bulacan College
of Arts and Trades; Cagayan Valley College of Arts and Trades; Cagayan Valley
Institute of Technology, Catanduanes State College; Cebu State College; Central
Luzon Polytechnic College; Central Luzon State University; Central Luzon
Teachers College; Central Mindanao University; Children's Educational Foundation
Village; Don Mariano Marcos Memorial State College; Don Severino Agricultural
College; Isabela State College of Agriculture; Leyte Institute of Technology;
Leyte State College; University of Southern Mindanao; Mindanao Institute of
Technology; Mountain State Agricultural College; Naval Institute of Technology;
Northern Luzon State College of Agriculture; Nueva Vizcaya State Institute of
Technology; Pablo Borbon Memorial Institute of Technology; Palawan National
Agricultural College; Palawan Teachers College; Palompon Institute of
Technology; Philippine College of Arts and Trades; Pampanga Agricultural
College; Polytechnic University; of the Philippines; Philippine Normal College;
Southern Ilocos Polytechnic State College; Tarlac College of Agriculture; Tarlac
College of Technology; University of Eastern Philippines; University of Northern
Philippines; Visayas State Colleges of agriculture; West Visayas State College;
Western Luzon Agricultural College and Zamboanga State College; provided,
however, that the Philippine Air Force College of Aeronautics, Philippine
Merchant Marine Academy, Pamantasan ng Lungsod ng Maynila, and other similarly
situated institutions of higher learning shall be deemed attached to the
Department of Education and Culture for purposes of policy and program
coordination.
SEC. 16. 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).
