P.D. No. 1436 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1436
MERGING THE CAGAYAN VALLEY COLLEGE OF ARTS AND TRADES AND NORTHERN LUZON COLLEGE OF AGRICULTURE INTO A STATE UNIVERSITY TO BE KNOWN AS THE CAGAYAN STATE UNIVERSITY TRANSFERRING THE COLLEGE LEVEL COURSES OF APARRI COLLEGE OF FISHERIES, BUKIG NATIONAL AGRICULTURAL AND TECHNICAL SCHOOL, CAGAYAN VALLEY AGRICULTURAL COLLEGES, SANCHES-MIRA RURAL VOCATIONAL SCHOOL, APARRI SCHOOL OF ARTS AND TRADES, GONZAGA NATIONAL AGRICULTURAL VOCATIONAL SCHOOL, AND WESTERN CAGAYAN SCHOOL OF ARTS AND TRADES INTO SAID UNIVERSITY, PROVIDING A CHARTER FOR THIS PURPOSE, AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the Constitution of the Philippines directs the state to establish and maintain a complete, adequate and integrated system of education relevant to the goal of national development and further prescribed that all educational institutions shall aim to develop scientific, technological, and vocational efficiency;
WHEREAS, under Presidential Decree No. 6-A also known as the Educational Decree of 1972 promulgated on September 20, 1972, it has been declared a policy of the government to reorient the educational system towards an accelerated national economic growth and meaningful social development;
WHEREAS, to maximize the effective utilization of limited resources, it is necessary to integrate and convert the state-funded institutions of higher learning located in the province of Cagayan into one institution of learning in order to establish and effective and efficient state university that will serve as an instrument towards the rapid development of the national and manpower resources of Region II, particularly of the Province of Cagayan;
WHEREAS, the establishment of a state university in the Province of Cagayan will provide better service in professional and technical training in the arts, sciences, humanities, and technology and in the conduct of scientific research and technological studies;
WHEREAS, the integration of said institutions of higher learning into an autonomous state university is necessary to hasten the realization of the national goals as well as enhance regional development.
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 Cagayan Valley College of Arts and Trades located in Tuguegarao, Cagayan and Northern Luzon State College of Agriculture located in Piat, Cagayan are hereby merged into a State University, hereinafter referred to as the University, with the main campus and administrative site to be developed at Gonzaga, Cagayan. The college level courses at the Aparri College of Fisheries, Bukig National Agricultural and Technical School, Cagayan Valley Agricultural College, Sanches-Mira Rural Vocational School, Aparri School of Arts and Trades, Gonzaga National Agricultural Vocational School, and Western School of Arts and Trades are hereby transferred to the university.
Sec. 2. The governing board of the University shall be the Board of Regents to be composed of the Secretary of Education and Culture as Chairman, the President of the University as Vice-Chairman, and a representative of the National Economic and Development Authority and six (6) prominent citizens who have distinguished themselves in their respective professions or fields of specialization to be appointed by the President of the Philippines upon the recommendation of the Secretary of Education and Culture as Members. In the absence of the Secretary of Education and Culture, he may designate his representative to sit in the meetings of the board.
Of the first group of six (6) appointive regents, two shall serve for two years; two for three years; and two for four years. Thereafter, the appointees shall hold office for a term of four years. In case of permanent vacancy, the appointee shall hold office for the unexpired term only.
Sec. 4. A quorum of the Board of Regents shall consist of a majority of all the members holding office at the time of the meeting. All processes against the University shall be served on the President of the University or his duly authorized representative.
Sec. 5. The members of the Board of Regents shall not receive compensation but shall be reimbursed for actual and necessary expenses incurred either in attendance of meetings of the Board or other official business authorized by the Board.
Sec. 6. The Board of Regents shall have the following powers and duties in addition to its general powers of administration and the exercise of all the powers of a corporation as provided in Section thirteen of Act Numbered Fourteen Hundred Fifty-Nine as amended otherwise known as the Corporation Law.
(a) To prescribe rules for its own government and to enact for the government of the University such rules and regulations not contrary to law, as may be necessary to carry out the purpose and functions of the University;
(b) To receive and appropriate to the ends specified by law such sums as may be provided for the support of the University;
(c) To receive in trust, legacies, gifts, and donations of real and personal property of all or the department thereof, 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 Board of Regents may in its discretion determine. All such donations shall be exempt from all taxes and shall be considered as deductible items from the income tax of the donors;
(d) To approve the curricula and rules of discipline drawn from the College Councils as hereinafter provided;
(e) 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, and to authorize the President of the University to award certificates for completion of non-degree programs;
(f) To appoint, on recommendation of the President of the University, provosts, vice-presidents, deans, directors, registrars, heads of departments, professors and other officials and employees of the University; to fix their compensation, hours of service and such other duties and conditions as it may promulgate, and in accordance with budget, compensation, and other pertinent laws, rules and regulations; to remove them for cause after and investigation and hearing;
(g) To establish chairs in the University and to provide fellowships for qualified faculty members and other scholarships to deserving students;
(h) To fix tuition fees, matriculation fees, graduation fees, laboratory fees, and such special fees and charges as it may deem proper to impose. Such fees and charges including other income generated by the University, shall revert to the General Fund in accordance with the provisions of P.D. 711.
(i) To authorize the University to undertake the construction and/or repair of its building, machinery, and equipment and other facilities, provided that the funds for the purpose shall come from its appropriation.
Sec. 7. No student shall be denied admission to the University by reason of sex, nationality, religion, or political belief.
Sec. 8. The head of the University shall be known as the President of the University. He shall be appointed for a term of six (6) years by the President of the Philippines upon consultation with the members of the Board.
The powers and duties of the President of the University in addition to those specifically provided for in this Decree, shall be those usually pertaining to the Office of the President of a university.
Sec. 9. The incumbent presidents of the institutions of higher learning integrated in this decree shall continue to serve as Provosts of their respective colleges or units until such time as the terms of office and other conditions of service of Provosts as well as other officials and employees of the University shall have been determined by the Board of Regents.
Section 10. There shall be an Administrative Council consisting of the President of the University as Chairman and the Vice-Presidents and provosts as Members, whose duty shall be to prepare and promulgate general policies of the University governing personnel, financial management, and development planning, subject to the approval of the Board of Regents.
Section 11. There shall be a College Council in each college or unit of the University with the Provost as Chairman and all the faculty of the college as members. The body of instructors, assistant professors, associate professors, and professors of each college shall constitute the faculty of the college.
The College Council shall have the power to prescribe the curricula and rules of discipline of the college or unit of the University subject to the approval of the Board of Regents. It shall fix the requirements for admission to the college or unit as well as for graduation and conferring of degrees subject to review of the Board of Regents. The Council alone shall have the power to recommend students or others to be recipients of degrees. Through the President of the University or its duly authorized committees, the Council shall have disciplinary power over the students of the college or unit of the University within the limits prescribed by the rules of discipline as approved by the Board of Regents.
Section 12. Members of the faculty of the University shall be exempt from any civil service examination or regulation as a requisite to appointment. No religious test shall be applied nor shall the religious opinions or affiliations be a matter of inquiry in the appointment of faculty members of the University provided that no member of the faculty shall teach for or against any particular church or religious sect.
Section 13. There shall be an Advisory Council for each college or unit of the University to be headed by the Provost of the college or unit. The Advisory Council shall provide advice and counsel to the Provost in matter of general policy concerning the affairs of the college or unit of the University.
The present members of the Board of Regents or Trustees of the present institutions of higher learning integrated in this Decree shall continue to serve as members of the Advisory Council of their respective institution, except the Chairman of the Board of Regents or Trustees, for a term of four (4) years. Thereafter, the members of the Advisory Council of each college or unit of the University shall be appointed by the Board of Regents upon the recommendation of the President of the University.
Section 14. The Treasurer of the Philippines shall be ex-officio treasurer of the University. All accounts and expenses thereof shall be audited by the Commission on Audit or its duly authorized representative.
Section 15. All personnel, assets, records, and appropriation of the Institutions of higher learning integrated in this Decree are hereby transferred to the University, except the appropriations of the Aparri College of Fisheries, Bukig National Agricultural and Technical School, Cagayan Valley Agricultural College, Sanches-Mira Rural Vocational School, Aparri School of Arts and Trades, Gonzaga National Agricultural Vocational School, Western Cagayan School of Arts and Trades.
Section 16. Heads of Bureaus and offices of the National government and provincial or city government in Region II are hereby authorized to loan or transfer, upon request of the President of the University, such apparatus, equipment and supplies as may be needed by the University and to detail employees for duty therein when in the judgment of the head of the bureau or office, such employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duty as required under such detail and the time so employed shall be counted as part of their regular official hours.
Section 17. The Secretary of Education and Culture is hereby directed to such steps as are necessary for the immediate implementation of this Decree. For this purpose, he is hereby authorized to create a technical committee to advise the Board of Regents of the University towards the proper establishment, development, and expansion of the programs of the University.
Section 18. In addition to the present appropriation of the institutions of higher learning integrated in this Decree the sum of ONE MILLION PESOS (P1,000,000) is hereby appropriated out of the funds of the National Treasury not otherwise appropriated to carry out for the purpose of this Decree. Thereafter, funds needed for the maintenance and continued operation of the University shall be included in the Annual Appropriation Act.
Section 19. Republic Act Nos. 5293 and 5547, and such other laws, acts, decrees, or executive orders contrary to or inconsistent with this Decree are hereby repealed or amended accordingly.
Sec. 20. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of our Lord, nineteen hundred and seventy-eight.