P.D. No. 1427 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 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 over-population, 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:
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.
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 organized 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.
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 courses 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 of knowledge and for the socio-economic and cultural development of the region.
Sec. 4. Powers of the University. The following are the powers of the University:
(a) 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.
(b) 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.
Sec. 5. The Governing Board.
(a) Composition The government of Western Mindanao State University is vested in a 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 well known educator who belongs to a cultural minority in the region and the other shall be a successful businessman or industrialist or any other successful professional 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 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:
1. 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 twice in any month, no less than once in any one quarter.
2. 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
3. To fix the compensation of the President of the University subject to pertinent budget and compensation laws, rules and regulations.
4. To provide and appropriate to the ends specified by law such sums as may be provided by law for the support of the University.
5. To provide for the establishment of colleges and schools as it may deem necessary.
6. 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, of 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.
7. To appoint, on the recommendation of the President of the University, vice presidents, directors, deans, secretary of the University, professor, 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.
8. 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.
9. To provide fellowships to qualified faculty members and scholarship to deserving students.
10. 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.
11. To confer the usual honorary degrees upon persons other than graduates of the University in recognition of learning, statemanship 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
12. To file with the President of the Philippines a detailed report, setting forth the progress, conditions, and needs of the University or before the fifteenth day of September each year.
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.
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:
(a) To recommend to the Board of Regents for appointment, vice-presidents, directors, deans, secretary of the University, registrars, department heads, directors, chiefs, professors, instructors, lecturers, and other employees of the University.
(b) 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.
(c) To call for special meetings of the Board of Regents when need arises.
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.
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 conferment 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.
Section 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.
Section 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 program 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.
Section 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.
Section 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 inquiry: Provided, however, That no professor or instructor or any personnel in the university, shall inculcate sectarian tenets in any of the teachings, nor attempt, 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.
Section 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 of 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.
Section 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.
Section 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.
Section 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 allotted to the University and included in the Public Works Decree.
Section 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.
Section 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.