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.

• Number: Presidential Decree No. 1437
• Sections: 17

Preamble

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

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.

Section 2

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.

Section 3

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.

Section 4

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.

Section 5

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.

Section 6

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.

Section 7

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.

Section 8

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.

Section 9

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.

Section 10

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.

Section 11

SEC. 11. No student shall be denied admission to the

university or college by reasons of sex, nationality, religion or political

affiliation.

Section 12

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.

Section 13

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.

Section 14

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.

Section 15

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.

Section 16

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