Establishment of Don Mariano Marcos State University

Policy basis and governmental intent

The decree is anchored on the constitutional direction to establish and maintain a complete, adequate, and integrated system of education relevant to national development.
The decree directs that educational institutions aim to develop scientific, technological, and vocational efficiency.
The decree recognizes a government policy under Presidential Decree No. 6-A (Educational Decree of 1972) to re-orient the educational system toward accelerated national economic growth and meaningful social development.
The decree links the merger to coordinated and maximized use of limited higher-education resources, leading to more effective and rapid development of manpower in La Union and the region.
The decree aims to provide more opportunities for professional and technical training in the arts, sciences, humanities, and technology, and to promote scientific research and technological studies.

Creation of the university through merger

Section 1 establishes the Don Mariano Marcos Memorial State University 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 the La Union Community College, both at San Fernando, La Union.
Section 1 integrates the Sapilang Elementary School located inside the campus of the Don Mariano Marcos Memorial State College into the new state university.
Section 2 transfers to the University all present faculty and other personnel of the merged institutions.
Section 3 provides that the University receives the merged institutions’ general administration of assets, fixed and movable properties, records, and properties.
Section 10 sets the seat of administration at the Don Mariano Marcos Memorial State College at Bacnotan, La Union.

University mission and academic functions

The University must provide advanced instruction in the arts, agriculture, fishery, engineering, and natural sciences, and in other technological and professional fields (Section 4).
The University must promote research (Section 4).
The University must conduct extension work (Section 4).

Governance structure and board composition

The governing board is a Board of Regents (Section 5).
The Board of Regents consists 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 plus four (4) prominent citizens (Section 5).
The four (4) appointed regents must be persons distinguished in their respective professions or fields of specialization, appointed by the President of the Philippines upon recommendation of the Minister of Education and Culture (Section 5).
If the Minister of Education and Culture is absent, he may designate his representative to sit in Board meetings (Section 5).
Section 5 sets regent terms as follows: one appointed regent serves two years, one serves three years, and two serve four years; thereafter, appointees serve four-year terms.
In case of permanent vacancy, the appointed regent serves only the unexpired term (Section 5).

Board of Regents quorum, compensation, and powers

A majority of the Board members holding office at the time of a meeting constitutes a quorum, and the Minister of Education and Culture (or his duly appointed representative) is considered for quorum purposes (Section 6).
Processes against the University must be served on the President of the University or his duly authorized representative (Section 6).
Board members do not receive compensation, but they are reimbursed for actual and necessary expenses on a commutable basis incurred for Board meetings or other authorized official business (Section 7).
The Board has corporate powers and administration powers under the Batas Pambansa Blg. 68 (Corporation Code of the Philippines), and it also exercises specific powers and duties under Section 8.

Major Board powers and academic authority

The Board must prescribe rules for its own government and enact university rules and regulations not contrary to law and consistent with the University’s purpose (Section 8(a)).
The Board must receive and appropriate funds provided for the support of the University (Section 8(b)).
The Board may import duty-free commodities for educational purposes as an exemption to existing laws and may receive in trust legacies, gifts, and donations of all kinds for the University’s benefit, consistent with donor instructions not contrary to law (Section 8(c)).
Donations under Section 8(c) are exempt from all taxes and are considered deductible items from the donors’ income tax.
The Board must approve curricula and rules of discipline drawn by the Academic Council (Section 8(d)).
The Board may confer degrees upon successful graduates, confer honorary degrees for intellect, public service, statesmanship, or eminence in fields of specialization, and authorize the President to award certificates for completion of non-degree programs (Section 8(e)).
The Board appoints, upon the recommendation of the University President, vice presidents, deans, directors, registrars, and heads of departments, and it confirms appointments of other officials and employees made by the President; it fixes compensation and sets duties and conditions in accordance with existing laws (Section 8(f)).
The Board removes officials and employees for cause in accordance with established civil service rules and regulations (Section 8(f)).
The Board establishes chairs and provides fellowships and scholarships for qualified faculty and administrative personnel and scholarships to deserving students (Section 8(g)).
The Board fixes tuition fees and other necessary school charges it deems proper; these fees and charges, including income generated by the University, constitute a special trust fund for the exclusive use of the University, notwithstanding provisions of existing laws to the contrary (Section 8(h)).
The Board may authorize construction or repair of buildings, machinery, equipment, and other facilities, and purchase of necessary supplies, materials, and equipment; funds must come from authorized appropriation to the University (Section 8(i)).
The Board may acquire lands needed by the University (Section 8(j)).

University President appointment and functions

The head of the University is the President of the University (Section 9).
The President is 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 Board members (Section 9).

Autonomy and continuity during transition

The governance of the University is structured to allow a certain degree of autonomy for component colleges, enabling initiative and creativeness in pursuing immediate goals and objectives (Section 11).
Incumbent heads of the merged institutions continue serving under their present designations and salary rates until the Board determines the status and other conditions of their positions (Section 12).
Other officials, faculty members, and employees continue in their present assignments and salary rates until the Board approves a staffing pattern (Section 12).

Administrative Council and Academic Council

Section 13 creates an Administrative Council chaired by the University President, with the Vice-Presidents and deans of different colleges as members.
The Administrative Council must implement University policies on personnel, financial management, and development planning promulgated by the Board (Section 13).
Section 14 creates an Academic Council chaired by the University President, with all professors as members.
The Academic Council must prescribe curricula and rules of discipline subject to Board approval (Section 14).
The Academic Council must fix admission requirements to the colleges and graduation requirements, including degree conferral, subject to Board review (Section 14).
The Academic Council may recommend students to be recipients of degrees (Section 14).
The Academic Council has disciplinary power over students through the University President or duly authorized representative within the limits of discipline rules approved by the Board (Section 14).

Faculty and student admissions safeguards

Faculty members are exempt from any civil service examination or regulations as a requirement for appointment (Section 15).
No religious test is applied, and religious opinions or affiliations are not a matter of inquiry in appointing faculty members (Section 15).
No faculty member may teach for or against any particular church or religious sect, or advocate any ideology contrary to Filipino culture and traditions (Section 15).
Section 17 bars denial of admission to the University based on age, sex, religion, or political affiliation.
After consultation with the Academic Council, the University President issues rules and regulations on admission, retention, and non-readmission of students, while remaining consistent with the admission nondiscrimination rule in Section 17.

Advisory councils at college level

Section 16 establishes an Advisory Council for each college of the University, headed by the college head.
Advisory Council members are drawn from the college’s faculty and administrative staff, appointed by the Board upon the recommendation of the University President (Section 16).
Each Advisory Council provides advice and counsel to the college head on general affairs of the college (Section 16).

Treasurer, auditing, and government lending support

The Treasurer of the Philippines serves as ex-officio Treasurer of the University (Section 18).
The Commission on Audit audits the University’s accounts and expenses through its duly authorized representative (Section 18).
Government ministries and offices of the national government and provincial or city/municipal government must, upon request of the University President, loan or transfer apparatus, equipment, and supplies needed by the University, including details of employees for duty when the agency head determines that the employees can be spared without serious detriment to public service (Section 19).
Employees detailed to the University perform duties required under the detail, and their time so employed counts as part of their regular official service (Section 19).

Eminent domain authority

The University is authorized to exercise the right of eminent domain for acquisition of sites required for expansion or projects (Section 20).

Implementation steps and annual reporting

The Minister of Education and Culture is directed to take steps necessary for immediate implementation of the decree (Section 21).
The Board must file with the Office of the President of the Philippines through the Minister of Education and Culture a detailed annual report of the University’s progress and conditions by on or before the fifteenth day of the second month after the opening of regular classes each year (Section 22).

Appropriations and funding continuity

In addition to existing appropriations (national or local) of the institutions merged and integrated, the decree authorizes appropriation of TWENTY MILLION PESOS (P20,000,000.00) to carry out the decree (Section 23).
After the initial appropriation, funds needed for the University’s maintenance and continued operation are included in the Annual General Appropriation Act (Section 23).

Repeal, amendment, and effect on prior laws

The decree repeals, amends, or modifies presidential decrees and laws creating:
- the Don Mariano Marcos Memorial State College,
- the Southern Ilocos Polytechnic State College including PD 1617 and PD 1437, and
- the Republic Act establishing the La Union School of Arts and Trades,
  as well as any other laws, acts, decrees, or executive orders contrary to or inconsistent with the decree (Section 24).
The decree takes effect beginning the school year 1981-82 (Section 25).