Law Summary
Policy-Making Functions of Governing Boards
- Boards exercise policy-making consistent with:
- National Board of Education policies
- Secretary of Education and Culture directives
- National and regional development plans from NEDA
- Secretary of Education and Culture ensures adoption of national educational policies by all state colleges and universities
Powers and Duties of Governing Boards
- Enact necessary rules and regulations, consistent with law
- Approve and appropriate funds for university support
- Import duty-free essential commodities for advanced education when not locally available
- Receive and administer gifts, legacies, and donations for institutional benefit or student aid; donations are tax-exempt
- Approve curricula, discipline rules, and confer degrees and honorary degrees
- Confirm appointments of key officials, fix their compensation and remove them for just cause following due process
- Establish academic chairs, provide fellowships, and scholarships
- Fix tuition and school fees; such income forms a special trust fund for exclusive institutional use
- Authorize construction, repair, and purchase of necessary facilities and supplies funded from authorized appropriations
Quorum and Legal Process
- Quorum: majority of members, including either Secretary of Education and Culture or University President
- Legal processes against the institution served on the President or duly authorized representative
Compensation and Expenses
- Governing board members receive no compensation
- Actual and necessary expenses incurred in official duties are reimbursable
Appointment and Term of University President
- President appointed by the Philippine President upon Secretary of Education and Culture recommendation, with Board consultation
- Term of six years, renewable for another term
- Vacancy filled temporarily by Secretary’s designate
- President’s powers include usual duties pertaining to the office beyond those specified in the decree
Retirement Benefits for University Presidents
- Presidents completing term entitled to full retirement benefits if government service is at least 20 years
- If less than 20 years, entitled to one month pay per year served
University Councils
- Administrative Council: President (Chairman), vice-president, deans, directors, and equivalent officials; implements administrative policies and plans subject to the governing board
- Academic Council: President (Chairman), all professors; power to prescribe curricula, discipline rules, admission and graduation requirements, degree conferrals, and student disciplinary actions subject to board approval
Faculty Appointment and Religious Neutrality
- Faculty exempt from civil service exam and regulations for appointment
- No religious tests or inquiries allowed for faculty appointment
- Faculty prohibited from promoting or opposing any religion in teaching
Student Admission Policy
- No denial of admission based on sex, nationality, religion, or political affiliation
Financial Oversight
- Treasurer of the Philippines acts as ex-officio treasurer of universities/colleges
- All financial accounts and expenses audited by the Commission on Audit or its representative
Annual Reporting
- Governing boards must submit detailed annual reports on progress, conditions, and needs to the President through the Secretary of Education and Culture by the 15th day of the second month after classes open
Implementation and Effectivity
- Secretary of Education and Culture directed to implement the decree immediately
- Repeals or amends conflicting provisions in enabling laws of numerous specified state universities and colleges
- Certain institutions like the Philippine Air Force College and Pamantasan ng Lungsod ng Maynila are attached to the Department of Education and Culture for policy coordination
- The decree took immediate effect upon promulgation on June 10, 1978