P.D. No. 1431 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1431
CONVERTING THE MINDANAO SCHOOL OF ARTS AND TRADES IN CAGAYAN DE ORO CITY INTO DON MARIANO MARCOS MEMORIAL POLYTECHNIC STATE COLLEGE OF NORTHERN MINDANAO, GIVING IT CORPORATE EXISTENCE, PROVIDING FOR A BOARD OF TRUSTEES AND DEFINING ITS POWERS, DUTIES AND RESPONSIBILITIES, PROVIDING FOR HIGHER VOCATIONAL, PROFESSIONAL, AND TECHNOLOGICAL EDUCATION AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the New 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 further provides that all educational institutions shall aim to develop scientific, technological and vocational efficiency;
WHEREAS, under Presidential Decree No. 6-A, promulgated on September 29, 1972, it has been declared as one of the national development goals to assure the maximum participation of an accelerating rate of economic development and social progress;
WHEREAS, it is the policy of the New Social Order to develop the countryside and to disperse industries and higher institutions of learning to the regions;
WHEREAS, the development of skilled manpower is vital to the realization of any effort for industrialization in Northern Mindanao;
WHEREAS, at present there is no existing polytechnic college, government or otherwise in Region X;
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. The present Mindanao School of Arts and Trades located in Cagayan de Oro City, Philippines, is hereby converted into Don Mariano Marcos Memorial Polytechnic State College to take care of human resource development for industry, agriculture and forestry, and fishery and maritime studies through a network of satellite institutions throughout the region.
Sec. 2. The purpose of the college shall be to provide higher vocational, professional, and technological instruction and training in trade, agriculture, fishery and maritime studies and to promote research, needed to support the industrialization program in Northern Mindanao.
Sec. 3. The Head of the College shall be known as the President of Don Mariano Marcos Memorial Polytechnic State College. He shall be appointed by the President of the Philippines upon recommendation of the Board of Trustees. The powers and duties of the President of the College, in addition to those provided in this Act, shall be those that usually pertain to the Office of the President of the College.
Sec. 4. The policy-making power in Don Mariano Marcos Memorial Polytechnic State College is hereby vested in a Board of Trustees, to be composed of the Secretary of Education and Culture as Chairman; the Regional Executive Director of the National Economic and Development Authority; the President of the College, and three (3) other prominent citizens of Region X to be nominated by the President of the College and appointed by the President of the Philippines as members. Of the three appointed members one (1) shall represent Business and Industry and one(1) on Industrial Education and Management and the President of the Alumni Association of the College. Of the first group of appointed, the President shall designate one to serve for one year; one to serve for two years; and one to serve for three years. Thereafter, persons appointed to succeed such members shall hold office for a term of four years until their successors who should be an expert in the same fields shall have been appointed and qualified. In the absence or inability of the Secretary of Education and Culture, the Undersecretary shall act as a Chairman of the Board. In the absence of both the Secretary and Undersecretary, the other members may elect from among themselves a temporary chairman.
The members of the board shall be entitled to an allowance of two hundred pesos per meeting actually attended, but not more than five hundred pesos a month; Provided that they shall be reimbursed for actual and necessary expenses, not exceeding one hundred pesos per day in any case, incurred either in attendance upon meetings of the board or upon other official business authorized by resolution of the Board.
Sec. 5. The Board of Trustees shall exercise for the Don Mariano Marcos Memorial Polytechnic State College all the powers of a corporation as provided in Section Thirteen of Act Numbered Fourteen Hundred Fifty Nine, as amended. It also have the following powers and duties in addition to its general policy-making function:
(a) To receive and allocate such sums as may be provided by law for the college;
(b) To confer titles, bachelor's and master's degrees to successful candidates for graduation;
(c) To authorize the President of the College to award proficiency certificates to students who have finished non-degree post secondary courses;
(d) To appoint, upon recommendation of the President of the College, a vice-president, a dean of instruction, a registrar, heads of departments, professors, instructors, lecturers, and other employees of the College, except emergency laborers, student assistants or student helpers who can be appointed by the President of the College subject to the confirmation by the Board; to fix their duties, hours of service, and such other conditions as it may promulgate; and to remove faculty members or employees for cause after fair hearing;
(e) To approve the curricula and rules of discipline drawn by the College Council as hereinafter provided;
(f) To fix the tuition fees of students as well as matriculation fees, graduation fees and for laboratory courses, and all special fees;
(g) To provide fellowships and other types of travel and scholarship grants and exchange for members of the faculty and scholarship to students in exceptionally meritorious cases;
(h) To prescribe rules for its own government, and enact for the government of the college such rules and regulations, not contrary to law, as may be necessary to carry out the purposes and functions of the College; and
(i) To receive in trust legacies, gifts and donations of real and personal property of all kinds and to administer same for the benefit of the college and in accordance with the instructions and conditions, if any, of the donor.
Sec. 6. A quorum of the Board of Trustees shall consist of a majority of all members. All processes against the Board shall be served on the Chairman or Secretary thereof.
Sec. 7. On or before the fifteenth day of the second month following the opening of the regular classes of each year, the Board of Trustees shall file with the President of the Philippines a detailed report setting forth the progress, conditions and needs of the College.
Sec. 8. There shall be a College Council consisting of the President of the College as Presiding Officer, the Dean of Instruction as Vice Presiding Officer, the Heads of Departments, and all the professors and instructors of the college. The council shall have the responsibility of drafting and formulating the college curricula and rules of discipline, subject to the approval of the Board of Trustees. It shall fix the requirements for admission to the College, for graduation, and for the conferments of titles and degrees, subject to the same approval. It shall recommend successful candidates for graduation to be recipients of the proper titles and degrees, and propose students for special citation or awards in meritorious cases. Through an impartial committee as it may appoint and authorize within itself, it shall exercise disciplinary power over the students within the limits prescribed by the rules of discipline approved by the Board of Trustees.
Sec. 9. The body of professors and infrastructure of the college shall constitute the faculty of the college. In the appointment of professors and instructors, no religious or political test shall be applied, nor shall the religious and political opinions or affiliations of any faculty member be made a matter of examination or inquiry: Provided, that no instructor or professor of the college shall, under penalty of dismissal by the Board of Trustees, propagate sectarian or partisan political tenets in his teachings, or attendants at the college in favor of or against any particular church, religious sect, or political party.
Section 10. Except for the President of the College, all other career employees shall be covered under Civil Service Law on eligibility for a permanent appointment pursuant to the Presidential Decree No. 807 and its implementing regulations.
Section 11. There shall be a Secretary of the College who shall also be the Secretary of the Board of Trustees. He shall keep such records of the college as the Board or the President of the College may direct.
Section 12. Heads of bureaus and offices of the National Government are hereby authorized to loan or transfer upon request of the President of the College, such apparatus, equipment or instructional supplies as may be needed by the College.
Section 13. All assets of the Mindanao School of Arts and Trades, whether fixed or movable, records and personnel are hereby transferred to the Don Mariano Marcos Memorial Polytechnic State College.
Section 14. In addition to the present appropriation of the Mindanao School of Arts and Trades, the sum of One Million Pesos is hereby appropriated out of any funds in the National Treasury not otherwise appropriated for other improvement, operation and maintenance of the Don Mariano Marcos Memorial Polytechnic State College. Thereafter, funds for the maintenance and operation of the state college shall be included in the annual General Appropriations Act.
Section 15. The Secretary of Education and Culture is hereby directed to take the necessary steps as are necessary for the immediate implementation of this Decree.
Section 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.