MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1437
DEFINING THE COMPOSITION AND POWERS OF THE GOVERNING BOARDS, THE APPOINTMENT AND TERM OF OFFICE OF THE PRESIDENT OF CHARTERED STATE UNIVERSITIES AND COLLEGES, 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 has bee declared a policy of the government to reorient the educational system toward an accelerated national economic growth and meaningful social development;
WHEREAS, there is a need to define the composition and powers of the governing boards of chartered state universities and colleges in order to achieve a more coordinated and integrated system of higher education, to render them more effective in the formulation and implementation of policies on...
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Presidential Decrees
Defining The Composition and Powers of the Governing Boards, The Appointment and Term of Office of The President of Chartered State Universities and Colleges, and For Other Purposes
Presidential Decree No. 1437
Summary of Presidential Decree No. 1437
Composition and Powers of Governing Boards
- Composition of governing boards of chartered state universities and colleges: (Section 1)
• Secretary of Education and Culture, Chairman
• President of the University or College, Vice-Chairman
• Representative of the National Economic and Development Authority (NEDA), Member
• Two prominent citizens appointed by the President of the Philippines, one representing the alumni and the other from the city or province where the school is located, Members
- Appointive regents or trustees shall serve for 2 years and 4 years, respectively, and thereafter for a term of 4 years. (Section 1)
- Governing boards shall exercise policy-making functions in accordance with general policies, plans, and programs on education and national/regional development. (Section 2)
- Specific powers and duties of governing boards: (Section 3)
• Enact rules and regulations for the university or college. (Section 3a)
• Receive and appropriate funds for the support of the university or college. (Section 3b)
• Import duty-free essential commodities and materials for advanced educational or technological programs, and receive legacies, gifts, and donations. (Section 3c)
• Approve curricula and rules of discipline. (Section 3d)
• Confer degrees, award honorary degrees, and authorize the president to award certificates for non-degree programs. (Section 3e)
• Confirm appointments, fix compensation, and remove officials and employees for cause. (Section 3f)
• Establish chairs, provide fellowships for faculty, and scholarships for students. (Section 3g)
• Fix tuition fees and other school charges, which shall constitute a special trust fund for the university or college. (Section 3h)
• Authorize construction, repair of buildings, and purchase of supplies, materials, and equipment. (Section 3i)
- Quorum and service of processes. (Section 4)
- Reimbursement of expenses for board members. (Section 5)
Appointment and Term of Office of the President
- The President of the university or college shall be appointed by the President of the Philippines for a term of 6 years, renewable for another term, upon recommendation of the Secretary of Education and Culture after consulting the board. (Section 6)
- Incumbent president whose term is terminated shall be entitled to full retirement benefits if served for at least 20 years, or one month pay for every year of service if less than 20 years. (Section 7)
Administrative and Academic Councils
- Administrative Council shall implement policies on administration, management, and development planning of the university or college. (Section 8)
- Academic Council shall prescribe curricula, rules of discipline, admission and graduation requirements, and recommend recipients of degrees. It shall have disciplinary power over students. (Section 9)
Faculty and Students
- Faculty members shall be exempt from civil service examination and no religious test shall be applied for appointment. (Section 10)
- No student shall be denied admission due to sex, nationality, religion, or political affiliation. (Section 11)
Treasurer and Audit
- Treasurer of the Philippines shall be the ex-officio treasurer of the university or college. (Section 12)
- Accounts and expenses shall be audited by the Commission on Audit. (Section 12)
Reporting and Implementation
- Governing board shall file a detailed report on the progress, conditions, and needs of the university or college with the Office of the President through the Secretary of Education and Culture. (Section 13)
- Secretary of Education and Culture is directed to take steps for immediate implementation. (Section 14)
Repeals, Amendments, and Modifications
- Enabling acts of certain state institutions of higher learning or parts thereof contrary to or inconsistent with this Decree are repealed, amended, or modified accordingly. (Section 15)
- Certain institutions shall be deemed attached to the Department of Education and Culture for purposes of policy and program coordination. (Section 15)
Effectivity
- This Decree shall take effect immediately. (Section 16)
Composition and Powers of Governing Boards
- Composition of governing boards of chartered state universities and colleges: (Section 1)
• Secretary of Education and Culture, Chairman
• President of the University or College, Vice-Chairman
• Representative of the National Economic and Development Authority (NEDA), Member
• Two prominent citizens appointed by the President of the Philippines, one representing the alumni and the other from the city or province where the school is located, Members
- Appointive regents or trustees shall serve for 2 years and 4 years, respectively, and thereafter for a term of 4 years. (Section 1)
- Governing boards shall exercise policy-making functions in accordance with general policies, plans, and programs on education and national/regional development. (Section 2)
- Specific powers and duties of governing boards: (Section 3)
• Enact rules and regulations for the university or college. (Section 3a)
• Receive and appropriate funds for the support of the university or college. (Section 3b)
• Import duty-free essential commodities and materials for advanced educational or technological programs, and receive legacies, gifts, and donations. (Section 3c)
• Approve curricula and rules of discipline. (Section 3d)
• Confer degrees, award honorary degrees, and authorize the president to award certificates for non-degree programs. (Section 3e)
• Confirm appointments, fix compensation, and remove officials and employees for cause. (Section 3f)
• Establish chairs, provide fellowships for faculty, and scholarships for students. (Section 3g)
• Fix tuition fees and other school charges, which shall constitute a special trust fund for the university or college. (Section 3h)
• Authorize construction, repair of buildings, and purchase of supplies, materials, and equipment. (Section 3i)
- Quorum and service of processes. (Section 4)
- Reimbursement of expenses for board members. (Section 5)
Appointment and Term of Office of the President
- The President of the university or college shall be appointed by the President of the Philippines for a term of 6 years, renewable for another term, upon recommendation of the Secretary of Education and Culture after consulting the board. (Section 6)
- Incumbent president whose term is terminated shall be entitled to full retirement benefits if served for at least 20 years, or one month pay for every year of service if less than 20 years. (Section 7)
Administrative and Academic Councils
- Administrative Council shall implement policies on administration, management, and development planning of the university or college. (Section 8)
- Academic Council shall prescribe curricula, rules of discipline, admission and graduation requirements, and recommend recipients of degrees. It shall have disciplinary power over students. (Section 9)
Faculty and Students
- Faculty members shall be exempt from civil service examination and no religious test shall be applied for appointment. (Section 10)
- No student shall be denied admission due to sex, nationality, religion, or political affiliation. (Section 11)
Treasurer and Audit
- Treasurer of the Philippines shall be the ex-officio treasurer of the university or college. (Section 12)
- Accounts and expenses shall be audited by the Commission on Audit. (Section 12)
Reporting and Implementation
- Governing board shall file a detailed report on the progress, conditions, and needs of the university or college with the Office of the President through the Secretary of Education and Culture. (Section 13)
- Secretary of Education and Culture is directed to take steps for immediate implementation. (Section 14)
Repeals, Amendments, and Modifications
- Enabling acts of certain state institutions of higher learning or parts thereof contrary to or inconsistent with this Decree are repealed, amended, or modified accordingly. (Section 15)
- Certain institutions shall be deemed attached to the Department of Education and Culture for purposes of policy and program coordination. (Section 15)
Effectivity
- This Decree shall take effect immediately. (Section 16)