Title
University of Mindanao Establishment Act
Law
Republic Act No. 1387
Decision Date
Jun 18, 1955
Republic Act No. 1387 establishes the University of Mindanao as a corporation, providing professional and technical training, and prohibiting discrimination in admission based on age, sex, nationality, religious belief, or political affiliation.

Admissions equality requirement

  • Section 3 requires the University to admit students without denying admission for reasons of age, sex, nationality, religious belief, or political affiliation.

Board of Regents governance structure

  • Section 4 vests the University’s government in a Board of Regents called the Board of Regents of the University of Mindanao.
  • Section 4 provides that the Board includes: the Secretary of Education (ex officio chairman), the Chairman of the Committee on Education of the Senate, the Chairman of the Committee on Education of the House of Representatives, the President of the University, the Director of Public Schools, and seven (7) additional members appointed by the President of the Philippines with the consent of the Commission on Appointments.
  • Section 4 provides an alumni selection rule: when there are enough graduates, at least four (4) of the additional members must be selected from among alumni upon recommendation of the Alumni Association.
  • Section 4 provides that the President of the University is to be elected, and the Board of Regents must fix the compensation.
  • Section 4 sets staggered initial terms for the seven additional members: the President designates one for 1 year, 2 years, 3 years, 4 years, 5 years, 6 years, and 7 years.
  • Section 4 provides that succeeding appointees hold office for a term of seven (7) years and continue until their successors are appointed.
  • Section 4 provides that vacancies are filled by the President of the Philippines with the consent of the Commission on Appointments, and the appointee serves the unexpired term only.
  • Section 4 requires all Board members to be residents of the Philippines.
  • Section 4 makes ineligible for Board membership any person in the employ of the University or in any other educational institution, in any capacity, including dean, professor, instructor, lecturer, or otherwise.
  • Section 4 states Board members serve without compensation, but are reimbursed for necessary expenses incurred for authorized official business or attendance at Board meetings.

Powers, duties, and administration framework

  • Section 5 grants the University the general powers set out in Section 13 of Act No. 1459, and vests administration and corporate powers exclusively in the Board of Regents, and in the President of the University to the extent authorized by the Board.
  • Section 6 requires the Board to receive and appropriate for the University’s authorized purposes any sums that may be provided by law.
  • Section 6 authorizes the Board to provide for colleges and schools including:
    • College of Liberal Arts; College of Law; College of Social and Political Science; College of Medicine and Surgery; College of Pharmacy; College of Dentistry; College of Veterinary Science; College of Engineering; College of Agriculture; College of Education; College of Forestry; College of Nursing; School of Fine Arts; Conservatory of Music; School of Surveying; and other colleges and schools the Board deems necessary.
  • Section 6 authorizes the Board to confer honorary degrees in recognition of learning, statesmanship, or eminence in literature, science, or art.
  • Section 6 prohibits honorary degrees from being conferred in consideration of payment of money or other valuable consideration.
  • Section 6 authorizes the Board to establish chairs in the colleges specified and to provide for their maintenance or endowment, and to provide for other faculty positions as instruction requires; the Board fixes compensation for such positions.
  • Section 6 authorizes the Board to appoint professors and other University employees on the recommendation of the President of the University, fix compensation and conditions of service, grant leave of absence under rules it promulgates (notwithstanding contrary law), and remove personnel for cause after investigation and hearing.
  • Section 6 gives the Board authority to approve courses of study and rules of discipline drawn up by the University Council, and to fix tuition fees, matriculation fees, graduation fees, laboratory course fees, and all special fees, including the power to remit these fees in special cases.
  • Section 6 authorizes the Board to provide fellowships and scholarships and award them to students showing special evidence of merit.
  • Section 6 authorizes the Board to prescribe rules for its own government and enact general ordinances and regulations consistent with the University’s purposes in Section 2 and not contrary to law.
  • Section 6 authorizes the Board to receive in trust legacies, gifts, and donations of real and personal property and administer them for the University’s benefit, a department, or aid to students according to the donor’s direction; if the donor provides no direction, the Board administers at its discretion.

Meetings, quorum, and service of processes

  • Section 7 provides that a quorum consists of a majority of all members holding office at the time the meeting is called.
  • Section 7 provides that processes against the Board of Regents are served on its chairman or secretary.

University Council and discipline powers

  • Section 9 establishes a University Council composed of the President of the University and all instructors holding ranks of professor, associate professor, or assistant professor.
  • Section 9 provides that the University Council alone may recommend students or others as recipients of degrees.
  • Section 9 provides that the University Council, through its president or committees, exercises disciplinary power over students within limits of rules of discipline approved by the Board of Regents.
  • Section 9 states the President’s powers and duties (in addition to those expressly provided) are those usually pertaining to the office of a university president.

Faculty governance and religious freedom limits

  • Section 10 requires each college’s faculty to institute its own faculty organization.
  • Section 10 provides that each faculty elects a dean from among its members, and the Board of Regents appoints the dean upon nomination by the President of the University.
  • Section 10 prohibits applying any religious test for appointment of professors or instructors.
  • Section 10 prohibits making an instructor’s religious opinions or affiliations a matter of examination or inquiry.
  • Section 10 prohibits any instructor from inculcating sectarian tenets in teachings.
  • Section 10 prohibits instructors from attempting—directly or indirectly—under penalty of dismissal by the Board of Regents to influence students or attendees for or against any particular church or religious sect.

Administrative officers: secretary and treasurer

  • Section 11 exempts professors and regular instructors from any civil service examination or regulation as a requisite to appointment.
  • Section 12 requires the Board of Regents to appoint a University Secretary who serves as secretary of both the Board and the University and keeps records as designated by the Board.
  • Section 13 provides that the Treasurer of the Philippines is the ex officio treasurer of the University.
  • Section 13 requires that all accounts and expenses are audited by the Auditor General.
  • Section 13 requires that all disbursements be made in accordance with the rules and regulations prescribed by the Auditor General.

Staffing support from national government offices

  • Section 14 authorizes heads of bureaus and offices of the National Government, upon the request of the President of the University, to loan or transfer apparatus or supplies needed by the University.
  • Section 14 authorizes detail of employees to the University when the bureau or office head judges the supplies or employees can be spared without serious detriment to public service.
  • Section 14 provides that detailed employees perform duties required under such detail, and their time counts as part of their regular official service.

Visitors and congressional reporting

  • Section 15 creates a board of visitors composed of the President of the Philippines, the President of the Senate, and the Speaker of the House of Representatives.
  • Section 15 requires the board of visitors to attend the commencement exercises.
  • Section 15 requires the board to make visits at other times as it deems proper to examine property, course of study, discipline, the University’s financial condition, and inspect books and accounts.
  • Section 15 requires the board to make a report to Congress with recommendations it favors.

Annual report to the President

  • Section 8 requires the Board of Regents to file with the President of the Philippines a detailed annual report on or before the tenth day of June each year.
  • Section 8 requires the report to set forth the University’s progress, condition, and needs.

Appropriation and effectivity

  • Section 16 authorizes an appropriation of PHP 500,000 from any funds in the National Treasury not otherwise appropriated.
  • Section 16 directs the Board of Regents to expend the PHP 500,000 at its discretion for the establishment of one or more colleges authorized by the Act, prioritizing those whose establishment is more urgent.
  • Section 17 provides that the Act takes effect upon its approval.
  • Approval date: June 18, 1955.

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