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Presidential Decree No. 1943

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PRESIDENTIAL DECREE NO. 1943

PRESIDENTIAL DECREE NO. 1943 - CONVERTING THE BASILAN NATIONAL AGRO-INDUSTRIAL COLLEGE INTO THE BASILAN STATE COLLEGE, DEFINING 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 shallm 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 province of Basilan in Western Mindanao in endowed with rich 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 of that province, 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 Basilan State College will, likewise, relieve the city of Zamboanga from congestion and other concomitant problems arising from over-population, such as housing, sanitations, transportation, and peace and order;

WHEREAS, the establishment of the Basilan State College 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. The Basilan National Agro-Industrial School in the province of Basilan is hereby converted into a State College to be known as the Basilan State College, hereinafter referred to in this Act as the State College.

Sec. 2. The State College shall primarily provide higher technological, professional, and vocational instruction and training in science, agriculture and industrial fields, as well as short-term technical or vocational courses. It shall promote research, advance studies, and progressive leadership in its areas of specialization.

Sec. 3. In addition to its present secondary and collegiate circular offerings, the State College shall offer undergraduate and graduate courses in the fields of science, agricultural and industrial fields as the Board of Trustees may deem necessary. It shall also offer opportunity or short-term technical or vocational courses within its areas of specialization to meet the needs of the region.

Sec. 4. No student shall be denied admission to the State College by reason of sex, ethnic considerations, or religious belief or affiliation.

Sec. 5. The head of the State College shall be known as the President of the Basilan State College. He shall be appointed by the President of the Philippines upon recommendation of the Board of Trustees. His salary shall be fixed by the Board of Trustees comparable to that being received by presidents of similar educational institutions of like enrollment and standing, subject to Presidential Decree No. 985 and other pertinent budget and compensation laws.

The powers and duties of the President of the State College, in addition to those specifically provided for in this Act, shall be those usually pertaining to the office of a president of a state college or university.

Sec. 6. The governing body of the State College shall be the Board of Trustees of the Basilan State College. It shall be composed of the Minister of Education and Culture or his duly designated representative as chairman, the Regional Director of the National Economic and Development Authority of Region IX, the President of State College, the Chairman of the Regional Executive Council, Region IX as ex-officio members, and three (3) prominent citizens of the province to be appointed by the President of the Philippines as members.

Of the three appointed members one shall be an authority on science and technology, one on agriculture, and one on the professions; Provided, they have demonstrated competence and ability in their respective areas.

Of the first group appointed, the President shall designate one to serve for one year, and one to serve for two years. Thereafter, persons appointed to succeed such members shall hold office for a term of four years and until their successors who should be an expert in the same field shall have been appointed and qualified. In case of permanent vacancy, the position shall be filled by appointment by the President of the Philippines. Such appointee shall hold office for the unexpired term only.

When the Minister of Education, Culture and Sports is unable to perform his duties as chairman of the Board due to illness, absence or other cause, or in case of a vacancy in the office, the Deputy Minister of Education, Culture and Sports shall temporarily perform the functions of the chairman of the said Board. The chairman may assign qualified officials to represent him with full authority in the Board.

Sec. 7. A quorum of the Board of Trustees shall consist of a majority of all the members holding office at the time a meeting is called. All processes against the Board of Trustees shall be served on the President or Secretary thereof.

Sec. 8. The member of the Board of Trustees shall be entitled to an allowance similar to that of other colleges of the same category and standing; Provided, That they shall be reimbursed for actual and necessary expenses incurred either in attendance upon meetings of the Board or upon other official business authorized by resolution of the Board, subject to existing budget laws on honoraria and allowances.

Sec. 9. The Board of Trustees 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 Thirty-six of Batas Pambansa Blg. 68, otherwise known as The Corporation Code of the Philippines;

(a) To receive and appropriate for the purposes specified by law such sums as may be provided for the support of the State College;

(b) To confer degrees upon successful candidates for graduation of the State College. It may also confer honorary degrees upon persons in recognition of learning, statemanship or eminence in any of the fields of specialization of the State College, or in the recognition of public service; Provided, That such degrees shall not be conferred in consideration of or to reciprocate some personal favor;

(c) To authorize the President of the State College to award proficiency certificates or diplomas to students who have completed non-degree courses;

(d) To appoint, on recommendation of the President of the State College, a vice-president, deans, directors, secretary of the State College, registrars, heads of departments, professors, instructors, lecturers and other officials and employees of the State College; to fix their compensation and salaries subject to Presidential Decree No. 985 and other pertinent budget and compensation laws, hours of service, and such other duties and conditions as it may deem proper; to grant them, in its discretion, leaves of absence under such regulations as it may promulgate, any provisions of existing law to the contrary notwithstanding; to remove them for cause after an investigation and hearing; to establish Chairs in the State College, and to provide for the maintenance or endowment of such Chairs as may be necessary;

(e) To approve the curricula and rules and discipline drawn by the College council as hereinafter provided;

(f) To provide fellowship for qualified faculty members and scholarships for deserving students;

(g) To prescribe rules for its own government and to enact for the government of the State College such rules and regulations, not contrary to law, as may be necessary to carry out the purposes and functions of the State College;

(h) 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 State College, or the department thereof, or ford to any student or students, in accordance with the directions and instructions of the donor, and in default thereof, in such manner as the Board of Trustees may in its discretion determine. All such donations shall be exempt from all taxes and be considered as deductible items from the income tax of the donors.

Section 10. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board of Trustees shall file with the Office of the President of the Philippines a detailed report, setting forth the progress, conditions and needs of the State College.

Section 11. There shall be a College Council consisting of the President of the State College and all members of the faculty with the rank of professors. The Council shall have the power to prescribe the curricula and rules of discipline, subject to the approval of the Board of Trustees. It shall fix the requirements for admission to the State College, as well as for graduation and the conferring of degrees, subject to review by the Board of Trustees. The Council alone shall have the power to recommend students or others to be recipients of degrees. Through the President of the State College of its duly authorized committee, the Council shall have disciplinary power over the students within the limits prescribed by the rule of discipline.

Section 12. The body of instructors and professors of the State College shall constitute the faculty of the State College.

Section 13. No member of the faculty of the State College shall attempt directly, under penalty of dismissal by the Board of Trustees, to influence students or any person in the State College towards any ideology, political or otherwise, which preaches the overthrow of the government through violence or subversion.

Section 14. There shall be a secretary of the State College who shall be appointed by the Board of Trustees upon recommendation of the President of the State College. He shall also be the Secretary of the Board and shall keep such records of the State College as may be determined by the Board of Trustees.

Section 15. The Treasurer of the Philippines shall be ex-officio treasurer of the State College, and all accounts and expenses therefore shall be audited by the Commission on Audit or its duly authorized representative.

Section 16. Heads of bureaus and offices of the National Government are hereby authorized to lend or transfer, upon request of the President of the State College, such apparatus, equipment or supplies as may be needed by the State college and to detail employees for duty therein, when in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or the services of 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 service.

Section 17. All assets of the Basilan National Agro-Industrial School whether fixed or movable, records and personnel, are hereby transferred to the Basilan State College.

Section 18. In addition to the existing appropriations for the Basilan National Agro-Industrial School which are hereby transferred to the Basilan State College, the amount of three million pesos (P3,000,000) is hereby appropriated to come from any available source of funds as will be determined by the Minister of the Budget. This amount shall be disbursed in accordance with the provisions of this decree. Starting Calendar Year 1985, the necessary sum for the operation and maintenance of the State College shall be included in the annual budget of the National Government, the total sum of which shall be recommended by the Board of Trustees of the College.

Section 19. The Minister of Education, Culture and Sports is hereby directed to take such steps as are necessary for the immediate implementation of this Decree.

Sec. 20. All laws inconsistent with the provisions of this Decree are hereby repealed or amended accordingly.

Sec. 21. This Decree shall take effect immediately.

Done in the City of Manila, this 27th day of June in the Year of Our Lord, nineteen hundred and eighty-four.
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