M a n i l a



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 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 re-orient the educational system to be relevant to an accelerated national economic growth and meaningful social development;

WHEREAS, by merging some institutions the utilization or limited resources in higher education program can be coordinated and maximized, and may result in a more effective and rapid development of the manpower resources in the province of La Union in particular, and of the region in general; and

WHEREAS, the establishment of the state university in the province of La Union will provide more opportunities in professional and technical training in the arts, sciences, humanities and technology, and in the conduct of scientific research and technological studies, and would not only give change to the students from low-income families, but will eventually also draw students who otherwise would flock to Manila, thereby lessening social problems in the city;

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 Don Mariano Marcos Memorial State University is hereby established by merging the Don Mariano Marcos Memorial State College at Bacnotan, La Union; the Southern Ilocos Polytechnic State College at Agoo, La Union; and the La Union School of Arts and Trades and La Union Community College, both at San Fernando, La Union. The Sapilang Elementary School located inside the campus of the Don Mariano Marcos Memorial State College is likewise integrated into the State University, hereinafter referred to as the University.

Section 2. The present faculty and all other personnel of the Institutions merged in this Decree are hereby transferred to the University.

Section 3. The general administration of all assets, fixed and movable, records and properties of the merged institutions shall be transferred to the Don Mariano Marcos Memorial State University.

Section 4. The University shall provide advanced instruction in the arts, agriculture, fishery, engineering and natural sciences, as well as in other technological and professional fields; promote research, and engage in extension work.

Section 5. The governing board of the University shall be a Board of Regents hereinafter referred to as a Board, to be composed of the Minister of Education and Culture as Chairman, the President of the University as Vice-Chairman, and the Regional Director of the National Economic and Development Authority and four (4) prominent citizens who have distinguished themselves in their respective professions or fields of specialization to be appointed by the President of the Philippines upon recommendation of the Minister of Education and Culture, as Members. In the absence of the Minister of Education and Culture, he may designated his representative to sit in the meetings of the Board.

Of the four (4) appointed regents, one shall serve for two years; one 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.

Section 6. A majority of all members of the Board of Regents holding office at the time of a meeting shall constitute a quorum, provided the Minister of Education and Culture, or his duly appointed representative shall be considered in determining a quorum. All processes against the University shall be served on the President of the University or his duly authorized representative.

Section 7. The members of the Board of Regents shall not received compensation but shall be reimbursed for actual and necessary expenses, on a commutable basis, incurred either in attendance of meetings of the Board or of other official business authorized by it.

Section 8. 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 Batas Pambansa Blg. 68 otherwise known as the Corporation Code of the Philippines:

(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 are consistent with the purpose and function of the University;

(b) To receive and appropriate such funds as may be provided for the support of the University;

(c) To import duty-free commodities for educational purposes as an exemption to existing laws as well as to receive in trust legacies, gifts, and donation of all kinds and to administer and the same for the benefit of the University, or any department thereof, in accordance with the instructions of the donor not contrary to law; 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 by the Academic Council as hereinafter provided.

(e) To confer degrees upon successful candidates for graduation, to confer honorary degrees upon persons in recognition of intellect, public service, statesmanship or eminence in any fields 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, upon the recommendation of the University President, vice presidents, deans directors, registrars, heads of departments, professors, and to confirm appointments of other officials and employees of the University made by the President; to fix their compensation, and such other duties and condition as may be promulgated in accordance with the provisions of existing laws; to removed them for cause in accordance with established civil service rules and regulations.

(g) To establish chairs in the university and to provide fellowship and scholarship for qualified faculty and administrative personnel, and scholarship to deserving students.

(h) To fix tuition fees and such other necessary school charges as the Board may deem proper to impose. Such fees and charges, including their income generated by the university, shall constitute a special trust fund for the exclusive use of the university, and provision of existing laws to the contrary notwithstanding.

(i) To authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase of necessary supplies, materials and equipment, any provision of law to the contrary notwithstanding; provided, however, that the funds for the purpose shall come from the authorized appropriation of the University.

(j) To acquire lands as may be needed by the University.

Section 9. 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 recommendation of the Minister of Education and Culture after consultation with the members of the Board.

Section 10. The seat of the administration of the Don Mariano Marcos Memorial State University shall be at the Don Mariano Marcos Memorial State College at Bacnotan, La Union.

Section 11. The governance of the University shall be so established allowing certain degree of autonomy for its component colleges thereby permitting the exercise of initiative and creativeness in pursuit of immediate goals and objectives.

Section 12. The incumbent heads of the different institutions to be merged shall continue to serve under the present respective designations and salary rates until such time when the Board determines the status and other conditions relating to their positions. Other officials, faculty members and employees shall likewise continue in their present assignments and salary rates until such time when a staffing pattern has been approved by the Board.

Section 13. There shall be an Administrative Council consisting of the President of the University as Chairman and the Vice-Presidents, and deans of the different colleges as Members; whose duty shall be to implement policies of the University governing personnel, financial management, and development planning as promulgated by the Board.

Section 14. There shall be an Academic Council of the University with the President of the University as Chairman and all the professors of the university as members.

The Academic Council shall have the power to prescribe the curricula and rules of discipline of the University subject to the approval of the Board. It shall fix the requirements for admission to the colleges as well as for graduation, and the conferring of degrees, subject to review by the Board. The Council shall likewise have the power to recommend students to be recipients of degrees. Through the President of the University, or his duly authorized representative, the Council shall have disciplinary power over the students of the University within the limits prescribed by the rules of discipline as approved by the Board.

Section 15. Members of the faculty of the University shall be exempt from any civil service examination or regulations as a requisite to appointment. No religious test shall be applied nor shall 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, or advocate any ideology contrary to Filipino culture and traditions.

Section 16. There shall be an Advisory Council for each college of the University to be headed by the college head, and whose members shall be drawn from the faculty and administrative staff of the college appointed by the Board upon the recommendation of the President of the University. The Advisory Council shall provide advice and counsel to the College head in matters concerning the general affairs of the college.

Section 17. No student shall be denied admission to the University by reason of age, sex, religion, or political affiliation. The President, after consultation with Academic Council, shall issue rules and regulations on the admission, retention, and non-readmission of students, not contrary, however, to the provision stated above.

Section 18. The Treasurer of the Philippines shall be the ex-officio Treasurer of the University. All accounts and expenses thereof shall be audited by the Commission on Audit through its duly authorized representative.

Section 19. Heads of ministries and offices of the national government and provincial or city/municipal government 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 including the detail of employees for duty therein when such employees as determined by his agency head can be spared without serious detriment to the public service. Employees so detailed shall perform such duty as required under detail and the time so employed shall be counted as part of their regular official service.

Section 20. The Don Mariano Marcos Memorial State University is hereby authorized to exercise the right of eminent domain for the acquisition of sites required for its expansion or projects.

Section 21. The Minister of Education and Culture is hereby directed to take such steps as necessary for the immediate implementation of this Decree.

Section 22. On or before the fifteenth day of the second month after the opening of regular classes each year, the Board shall file with the Office of the President of the Philippines, through the Minister of Education and Culture, a detailed report setting from the progress and conditions of the University.

Section 23. In addition to the present appropriations, national, or local, of the institutions merged and integrated in this Decree, the sum of TWENTY MILLION PESOS (P20,000,000.00) is hereby authorized to be appropriated to carry out the purpose of this Decree. Thereafter, funds needed for the maintenance and continued operation of the University shall be included in the Annual General Appropriation Act.

Section 24. Presidential Decrees creating the Don Mariano Marcos Memorial State College, and the Southern Ilocos Polytechnic State College, including PD 1617 and 1437, and the Republic Act establishing the La Union School of Arts and Trades and such other laws, acts, decrees, or executive orders contrary to or inconsistent with this Decree are hereby repealed, amended, or modified accordingly.

Section 25. This Decree shall take effect the school year 1981-82.

Done in the City of Manila, this 15th day of January, in the year of our Lord, nineteen hundred and eighty-one.

The Lawphil Project - Arellano Law Foundation