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Presidential Decrees

Converting The Mindanao Institute Of Technology Into The University Of Southern Mindanao.

Presidential Decree No. 1312

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1312

CONVERTING THE MINDANAO INSTITUTE OF TECHNOLOGY INTO THE UNIVERSITY OF SOUTHERN MINDANAO.

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 further prescribes that all educational institutions shall aim, among other things, to develop scientific, technological and vocational efficiency;

WHEREAS, under Presidential Decree No. 6-A, promulgated on September 29, 1972, it has been declared a policy of the Government to orient the educational system towards an accelerated national economic growth;

WHEREAS, the southern part of Mindanao needs a state university to help in accelerating the socio-economic development of the region;

WHEREAS, the Mindanao Institute of Technology, established under Republic Act Numbered Seven Hundred Sixty Three as amended by Republic Act Numbered Four Thousand One Hundred Twenty Seven, situated in the Municipality of Kabacan, Province of North Cotabato, has achieved a high degree of development that it is now capable...

Summary of Presidential Decree No. 1312

Conversion of Mindanao Institute of Technology into University of Southern Mindanao (USM)
- Section 1: The Mindanao Institute of Technology is converted into the University of Southern Mindanao (USM).

Functions of USM
- Section 2: The major functions of USM are:
• Provide instruction and professional training in science, technology, agriculture, and industrial fields. (Section 2a)
• Promote advanced studies, research, and extension services in agriculture, agribusiness, foods and nutrition, fishery, forestry, animal and veterinary sciences, engineering, industrial education, and other courses needed for socio-economic development of Mindanao. (Section 2b)
• Develop graduate-level courses along its fields of specialization. (Section 2c)
• Provide non-formal education and undertake extension and research programs in food production, nutrition, health, and sports development. (Section 2d)
• Offer scholarships and/or part-time job opportunities to deserving students from low-income families. (Section 2e)

Corporate Powers and Administration
- Section 3: USM shall have the general powers of a corporation, and its administration and exercise of corporate powers are vested in the Board of Regents and the President.

President of USM
- Section 4: The head of USM shall be the President, appointed by the Board of Regents for a term of six years, with a contingent appointment as University Professor and compensation fixed by the Board.

Board of Regents
- Section 5: The governing body of USM shall be the Board of Regents, composed of:
• Secretary, Department of Education and Culture (Chairman)
• University President (Vice-Chairman)
• Director for Regional Planning, National Economic & Development Authority (NEDA)
• President of the USM Alumni Association
• One prominent Muslim of the Region appointed by the President of the Philippines upon recommendation of the Secretary of Education and Culture
• Secretary, Department of Agriculture
• Chairman, National Science Development Board
• A representative of the USM Student Body

Powers and Duties of the Board of Regents
- Section 6: The Board of Regents shall have the following powers and duties:
• Appoint the Secretary of the University, deans, directors, heads of colleges, schools, institutes, faculty members with the rank of associate professor or higher, professional lecturers, visiting or exchange faculty, and other officers and employees with starting salaries at least equal to that of associate professor. (Section 6a)
• Plan and provide for the establishment of schools, colleges, and departments for professional degrees in agriculture, engineering, home economics, education, industrial education, forestry, fishery, animal and veterinary medicine sciences, architecture, and other necessary fields, as well as advanced or graduate degrees along the foregoing fields. (Section 6b)
• Authorize and appropriate revolving funds for the operation and management of all university income-producing projects and promulgate rules and regulations for their operation, management, accounting, and auditing. (Section 6c)
• Admit public institutions of learning in Southern Mindanao as schools, colleges, or branches of the University, provided they are eligible for affiliation and it enhances the University's purposes. (Section 6d)
• Authorize the construction and repair of all university buildings and other permanent improvements upon recommendation of the President. (Section 6e)
• Promulgate policies, rules, and regulations necessary for the effective and efficient governance of the University, delegate certain authorities and responsibilities to the President, and prescribe rules under which the President can enter into contracts without prior approval of the Board, subject to reporting to the Board. (Section 6f)

Powers and Responsibilities of the President
- Section 7: The President shall have the following powers and responsibilities:
• Provide leadership, preserve and protect academic integrity, and ensure observance and implementation of policies laid down by the Board of Regents. (Section 7a)
• Exercise primary authority and responsibility over development planning and resource allocations, grants, endowments and fund raising, external relations and public affairs, and University policy relating to regional development programs, curricula, and matters affecting the rights, privileges, responsibilities and welfare of the University constituency. (Section 7b)
• Formulate integrated and comprehensive plans for the University, including academic, research, extension, physical development, and fiscal plans. (Section 7c)
• Coordinate activities and programs of the University with other component units and institutions, review their goals and objectives, appraise their performance, and recommend appropriate action by the Board of Regents. (Section 7d)
• Appoint officers, faculty members, and other employees in the University, subject to Section 6, and designate officers-in-charge for a period not exceeding two months. (Section 7e)
• Appoint, transfer, promote, fix work schedules, grant leaves of absence, approve special detail, additional assignments, additional compensation, resignation and retirement of personnel in accordance with policies approved by the Board of Regents. (Section 7f)
• Set up machinery for review of disciplinary actions appealable to the Office of the President and for the consideration of positions for redress of grievances. (Section 7g)
• Submit to the Board of Regents the course of study and academic programs, rules of discipline, and awards of degrees and diplomas as recommended by the University Council. (Section 7h)
• Award fellowships, assistantships, and scholarships to students, faculty members, and other personnel, in accordance with policies prescribed by the Board of Regents. (Section 7i)
• Plan, prepare and implement a University program for the training and education of adult citizens and out-of-school youths. (Section 7j)
• Negotiate and obtain grants for specific projects, gifts and donations of real or personal property, subject to confirmation of the Board of Regents, and administer them for the benefit of the University, its units, departments, or students in accordance with the directions and instructions of the donor, and in default thereof, in such manner as the Board of Regents may determine. (Section 7k)
• Maintain links with other academic and research institutions to ensure fruitful academic and technical interchange and maximize the use of human and physical resources. (Section 7l)
• Prepare for approval of the Board of Regents the budget of the University. (Section 7m)
• Submit to the Board of Regents annual report on the operation of the University, and such other reports as the latter may require. (Section 7n)
• Prescribe rules and regulations not contrary to law for the governance of the University consistent with its purposes and the policies laid down by the Board of Regents. (Section 7o)
• Exercise such other powers and discharge such other responsibilities as may be delegated to him by the Board of Regents, and institute or effect an appropriate and efficient exercise or discharge such powers or responsibilities as may be necessary for the expeditious administration of the University. (Section 7p)

Quorum and Service of Processes
- Section 8: A quorum of the Board of Regents shall consist of a majority of all the members holding office at the time the meeting is called. All processes against the Board of Regents shall be served on the President or secretary thereof.

Secretary of the University
- Section 9: There shall be a secretary of the University, who shall serve concurrently as the Secretary of the Board of Regents.

University Council
- Section 10: There shall be a University Council consisting of the President, Vice-President/s, Deans, Heads of Academic Departments, Assistant Professors, Associate Professors, and Professors, with the President as the chairman. Subject to the approval of the Board of Regents, upon the recommendation of the President, the University Council shall:
• Prescribe the course of study, curricula, and rules of discipline of students. (Section 10a)
• Fix the requirements for admission to any College or unit of the University and for graduation and the awarding of degrees. (Section 10b)
• Recommend recipients of degrees or diplomas. (Section 10c)
• Exercise disciplinary powers over the students through the President or its appropriate Committees pursuant to the rules of discipline prescribed by the Board of Regents. (Section 10d)
• Create Committees as it may deem necessary for the performance of its functions. (Section 10e)

Faculty
- Section 11: The instructors and professors of each College shall constitute its faculty, presided by a Dean selected from among the members of such faculty for a term fixed by the University Council and conformed by the Board of Regents, upon recommendation of the President.

Academic Freedom and Restrictions
- Section 12: In the appointment of instructors or professors, religious opinions or affiliations shall not be made a matter of inquiry or explanation. However, no instructor or professor shall inculcate sectarian tenets in any of his teachings nor attempt directly or indirectly, under penalty of dismissal by the Board of Regents, to influence students or attendants of the University for or against any particular church, denomination or religious sect. No member of the faculty shall attempt directly or indirectly, under penalty of dismissal by the Board of Regents, to influence students or attendants of the University towards any ideology, political or otherwise, which preaches the overthrow of the Government through violence or subversion.

Civil Service Exemption
- Section 13: Professors or instructors seeking appointments in the University shall be exempt from Civil Service Examinations or regulations, provided that copies of their appointments shall be furnished to the Civil Service Commission for notation and record purposes.

Non-discrimination in Admission
- Section 14: A student shall not be denied admission to the University by reason of sex, ethnic consideration, religious belief or affiliation.

Annual Report
- Section 15: On or before the fifteenth day of January of each calendar year, the Board of Regents shall file with the President of the Philippines a detailed report setting forth the progress, condition and needs of the University.

Assistance from National Government
- Section 16: Heads of Bureaus and Offices of the National Government are authorized to loan or transfer, upon request of the President of the University, such apparatus, equipment or 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 of Office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to the public service. Employees so detailed shall perform such duties as required under such detail, and the time so employed shall be counted as part of their official service.

Absorption of Mindanao Institute of Technology
- Section 17: The College President and all the personnel of the Mindanao Institute of Technology, as well as its unexpended appropriations, and all its assets and liabilities are hereby automatically absorbed by the University of Southern Mindanao. The position of College President of the Mindanao Institute of Technology is hereby converted into University President without the necessity of issuance of new appointment, provided that the six years term starts upon the approval of this decree.

Appropriations
- Section 18: In addition to the amount already appropriated for the Mindanao Institute of Technology, there is hereby authorized to be appropriated the sum of Twenty (₱20) Million Pesos for purposes of carrying out immediately the provisions of this decree. Hereafter, the sum of Ten (₱10) Million Pesos, in addition to existing budget, shall be appropriated annually and included in the General Appropriation Act to carry out the provisions of this Decree.

Repealing Clause
- Section 19: All acts, parts of acts, executive orders, ordinances, rules and regulations which are inconsistent with the provisions of this decree are hereby repealed, amended or modified accordingly.

Effectivity
- Section 20: This decree shall take effect immediately.

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