Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

7600

HOUSE BILL NO.

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Arts and culture are essential tools for nation building. Arts and Culture is integral to a nation’s
struggle for national identity as it has the ability to evoke dialogue, induce reflection and charter
new relationships and ideas—all of which are essential to a healthy society. It is then the
responsibility of the State to make arts and culture accessible to young Filipinos who might want
to pursue it.

The Constitution provides that the State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino national culture based on the principle of unity in diversity in a imate of
free artistic and intellectual expression. In this regard, this proposed measure seeks to establish
a Philippine High School for Creative Arts (PHSCA) System which are comprised of secondary
schools offering full scholarships to deserving students with considerable potential in the fields of
performing arts, creative writing, visual arts, and applied arts. It shall provide a continuing source
of artists of excellence and leaders in the preservation and promotion of culture, arts and the
creative industry in the Philippines

Presently, there are only two public high schools in the country that specializes in arts, namely
the Philippine High School for the Arts in Laguna and the Bataan High Schoo! for the Arts. The
establishment of the Philippine High School for Creative Arts (PHSCA) System will greatly help in
bringing the arts closer to many talented and deserving young Filipinos across the country.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

REF, JDYMYRA S. udu
District, Parafiaque Ci


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HoUsE BILL No. _7600

Introduced by HON. JOY MYRA S. TAMBUNTING

‘AN ACT
ESTABLISHING THE PHILIPPINE HIGH SCHOOL FOR CREATIVE ARTS SYSTEM AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the "Philippine High School for Creative
Arts System Act".

Sec. 2. Declaration of Principles. ~ The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-
being. Moreover, the government is committed to fuffil its constitutional mandate to foster the
preservation, enrichment, and dynamic evolution of a Filipino national culture based on the
principle of unity in diversity in a climate of free artistic and intellectual expression and to place
arts, design and other intellectual creative creation under the patronage of the State. To this end,
the State shall promote creative arts education and encourage arts programs, national art
competitions, and the strengthening of education for the development of creative industries. This
shall include a complete and harmonious development of citizenry who can contribute most
meaningfully towards the creation and enhancement of a democratic, just, and humane society
imbued with national identity and pride. The State shall provide adequate training for students
with artistic abilities with the end view of producing world-class artists with solid academic
background and strong patriotic ideals. In line with this, an educational system to foster the
holistic development of the youth and to prepare the students for a long-term career in the various
fields of creative industry is hereby established.

Sec. 3. Creation and Establishment of the Philippine High School for Creative Arts
[PHSCA] System, - There is hereby established a Philippine High School for Creative Arts
(PHSCA) System which are secondary schools offering full scholarships to deserving students with
considerable potential in the fields of performing arts, creative writing, visual arts, and applied
arts, Admitted students shall be trained under a special curriculum oriented in the fields of
architecture and allied arts, cinema, dance, dramatic arts, literary arts, music, visual arts, design,
digital fabrication and new media, along with financial literacy, entrepreneurship skills, and basic


knowledge on intellectual property rights, with the end in view of providing quality education to
students while preparing them for various creative industry related career as well a readiness for
entrepreneurial endeavors or employment. It will, thus, provide a continuing source of artists of
excellence and leaders in the preservation and promotion of culture, arts and the creative industry
in the Philippines.

‘The PHSCA System shall be administratively attached to the Department of Education (DepEd) in
consultation with the National Commission on Culture and the Arts (NCCA) for program
implementation.

Sec. 4, Board of Trustees. - The PHSCA System shall be governed by a Board of Trustees,
hereinafter referred to as the "Board", which shall be composed of the following:

(a) Secretary or the duly designated Undersecretary of the Department of Education, as
Chairperson;

(b) Chairperson or the Executive Director of the National Commission on Culture and the Arts
(NCCA), as Co-chairperson;

(c) Secretary or the duly designated Undersecretary of the Department of Trade and Industry
(OTD), as member;

(d) Secretary or the duly designated Undersecretary of the Department of Information and
Communication Technology (DICT), as member;

(e) President or the Artistic Director of the Cultural Center of the Philippines (CCP), as
member;

(f) President of the Creative Economy Council of the Philippines (CECP), as member;

(g) Director-General of the Technical Education and Skills Development Authority (TESDA),
as member;

(h) Executive Director of the PHSCA System as created in Section 9 of this Act, as member.

The Board shall also include as members, three (3) representatives from the fields of performing
arts, visual arts and applied arts who may either be a respected member of the academe in the
field of culture and the arts or a representative from the creative industries of known expertise,
integrity and probity, all of whom shall be appointed by the Chairperson of the Board of Trustees,
subject to the confirmation of the members of the Board. The members from the academe and
Creative industry community shall have a term of three (3) years, renewable for another three
(3) years, and shall not be eligible for reappointment.

All members who are not receiving regular compensation from the government shall receive
reasonable per diem to be determined by the Board subject to current practices, for every meeting
of the Board.

‘Sec. 5. Powers and Functions of the Board of Trustees. — The exercise of the corporate
powers of the PHSCA System is hereby vested exclusively in the Board.

‘The Board shall have the following specific powers and duties in addition to its general powers of
administration and the exercise of all the powers granted to the board of directors of a corporation
under Section 35 of Republic Act No. 11232, otherwise known as the Revised Corporation Code
of the Philippines:


(a) To formulate policies and guidelines for the administration and operation of the PHSCA
System;

(b) To determine the site of the first PHSCA campus. After the first site for the PHSCA campus
shall have been established, to determine other sites for future expansion of the PHSCA
System;

(c) To approve the curricula, course of study, and rules of discipline drawn up by the Executive
Council as hereinafter provided;

(d) To receive and appropriate for the ends herein specified such sums as may be provided
by law for the support of the PHSCA;

(e)To formulate policies on personnel organization, appointment, promotion,
retention/renewal of contracts, fixing of their compensations, subject to existing
Compensation and Position Classification System, removal for just cause, rewards,
incentives and other conditions of employment for administrators, faculty and staff of the
PHSCA;

(f) To approve appointments made and contracts entered into by the Executive Director in
connection with the employment of administrative officers, teachers, lecturers and other
employees of the school;

(g) To provide and approve fellowship grants and trainings for administrators, faculty
members and staff;

(h) To approve the grant of scholarships, stipends and such other allowances to deserving
students based on the guidelines and implementing rules;

(i) To establish the criteria for the selection and admission of students which shall include,
among others, national competitive auditions and examinations;

(i) To approve the issuance of certificates or diplomas to successful candidates for
graduation;

(k) To call on creative industries sector and establish partnership to ensure employability of
the PHSCA graduates;

(|) To receive, in trust, legacies, gifts, and donations of real and personal property of all kinds
and to administer the same for the benefit of the PHSCA or for aid to any of its students;

(m)To enact rules and regulations not contrary to law as may be necessary to carry out the
Purposes and functions of the PHSCA; and

(n) To perform any and all other acts incident to or required by virtue of its creation,

Sec. 6. Hiring of Foreign Educators and Consultants. - In addition to the powers and
functions vested to the Board under Section 5 of this Act, the Board shall be allowed to approve
the hiring of foreign educators and consultants: Provided, That the NCCA shall certify the
necessity of hiring such educators and consultants, including their competence and skills which
are not available locally or proved to be incomparable with their local counterparts.

The Board shall provide guidelines and mechanisms to ensure that the new knowledge and
training methods introduced by the foreign educators and consultants shall be passed on to the
student-artists and local educators, trainers and consultants of the PHSCA.

Sec, 7. Campuses. - The Board shall provide for policies for the organization of regional
nationally funded high schools for creative arts. The Board shall also provide for policies to enter
into a memorandum of agreement with existing locally funded high schools for the arts for
consideration as extension campuses or branches of the PHSCA System. The extension campuses
shall be organized in coordination with the concerned local government unit and the DepEd, and
in consultation with the Department of Budget and Management.


Sec, 8, Meetings of the Board of Trustees. - The Board shall regularly convene at least once
every quarter of the PHSCA school calendar: Provided, That within sixty (60) days upon the
effectivity of this Act, the Board shall immediately convene and conduct monthly meetings for
purposes of determining the site for the first PHSCA campus, choosing and appointing the
Executive Director, the three (3) members of the Board from the academe and/or creative arts
community, and pian for the effective organization of the PHSCA System.

The Chairperson or the Co-chairperson of the Board may call a special meeting whenever
necessary: Provided, That members are notified in writing at least three (3) days prior to said
meeting.

A majority of all members holding office, in person or virtually, shall constitute a quorum for board
meetings: Provided, That the Chairperson or the Co-chairperson of the Board are among those
present in the meeting.

‘Sec. 9. Executive Director. - The PHSCA System shall be headed by an Executive Director who
shall serve for a fixed term of six (6) years. The Executive Director shall be appointed by the
Chairperson of the Board of Trustees, subject to the approval of the members of the Board based
on the guidelines and qualifications set forth in the implementing rules and regulations. The Board
shall also fix the compensation of the Executive Director. The Executive Director shall coordinate
the implementation of policies and guidelines set by the Board. As a member of the Board, the
Executive Director shall articulate to the Board the mutual concern of all the campuses.

The Executive Director shall perform the following functions:

(a) Coordinate curriculum planning activities for the PHSCA System;

(b) Coordinate exchange programs with other educational institutions for

(c) Coordinate the implementation of the program for the identification and selection of
scholars for the PHSCA System;

(q) Provide legal, technical support and secretariat for the PHSCA System.

Sec, 10. Executive Council. - There shall be an Executive Council consisting of the Executive
Director, the Deputy Executive Director, as created in Section 11 of this Act, and the Campus
Directors, as created in Section 12 of this Act.

The Executive Council shall be responsible for the development of the artistic potential of every
student with a strong academic base and for providing programs for the students with the end
goal of training gifted youths in various fields of creative art. The Council shall implement and
execute the policies laid down by the Board and exercise such other functions, powers and duties
as the Board may prescribe.

Sec. 11. Deputy Executive Director. - There shall be a Deputy Executive Director who shall
assist the Executive Director. In the absence of the Executive Director, the Deputy Executive
Director shall assume the administrative and supervisory functions of the Executive Director. The
Deputy Executive Director, who shall have a fixed term of four (4) years, renewable for another
four (4) years, shall be appointed by the Chairperson of the Board subject to the approval of the
same Board, which shall also fix the compensation of the Deputy Executive Director.


Sec. 12. Campus Director. - Each PHSCA shall be headed by a Campus Director who shall be
appointed by the Board, upon recommendation of the Executive Director on the basis of a search
process. The Campus Director shall have a fixed term of six (6) years. The Campus Director shall
not be removed from office except for cause.

‘The Campus Director shall be the administrative and academic head of the campus assigned to,
and will be responsible for its effective and efficient operations. The Campus Director may
constitute a management committee which may act as a consultative body for the educational
needs, standard of living in campus and other related services for the students, faculty and staff
of the campus.

Sec. 13. Civil Service Coverage. - Personnel of the PHSCA shall be classified into:

(2) career service personnel, namely, those of the finance, administrative, and personnel staff
of the PHSCA and the general education faculty, who shall be covered by civil service
examinations and regulations; and

(b) Non-career service personnel, consisting of the members of the faculty who specialized in
the various fields of creative industry, who shall be exempt from civil service examinations
and regulations.

Career and non-career service personnel shall be subject to Compensation and Position
Classification System. They shall be entitled to retirement benefits enjoyed by all government
personnel, in accordance with existing laws, rules and regulations. Provisions for retirement shall
be included in the annual budget of the PHSCA.

Sec. 14. Annual Report. - The Board shall submit to the Office of the President of the
Philippines and Congress a detailed report on the progress, condition and needs of the PHSCA
two (2) months prior to the opening of every school year.

Sec. 15. Joint Congressional Oversight Committee. - There is hereby created a Joint
Oversight Committee to oversee, monitor and evaluate the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and from
the House of Representatives, including the Chairs of the Committees on Basic Education and
Culture, and Finance in the Senate and Appropriations in the House of Representatives. The
membership of the Committee for each House shall have at least one (1) opposition or minority
member.

Sec. 16. Tax Exemptions of the PHSCA System. - The importation of equipment relating to
creative industry, books, art related supplies, musical instruments, materials and goods, including
those donated to the PHSCA System shall be exempt from customs duty in accordance with the
provisions of Republic Act No. 10863, otherwise known as the "Customs Modernization and Tariff
Act (CMTA)": Provided, That these are of international standards and are not available from local
manufacturers: Provided, further, That the importation shall only be in such numbers as may be
required in the development programs and/or training of the students: Provided, finally, That all
importations shall be made in the name of PHSCA System as recipient and shall be immediately
registered in the name of PHSCA System.



Sec, 17. Tax Exemption on Donations. ~ All grants, bequest, endowments, donations and
contributions made to the PHSCA and that are actually, directly and exclusively used by the
PHSCA, shall be exempt from donor's tax and the same shall be considered as allowable deduction
from the gross income in the computation of the income tax of the donor in accordance with the
provisions of the National Internal Revenue Code of 1997, as amended.

Sec. 18. Creative Arts School Fund. - All incomes and donations to the PHSCA created under
this Act shall be formed into a fund, to be known as the Creative Arts School Fund, which the
PHSCA shall be authorized to retain, without need of a separate approval from any government
agency, and subject only to existing accounting and auditing rules and regulations. This fund shall
be expended as authorized by the Board exclusively for the purpose of this Act.

Sec, 19. Appropriations. - The amount necessary for the effective implementation of this Act
shall be included in the DepEd budget in the annual General Appropriations Act.

‘Sec. 20. Implementing Rules and Regulations. — The DepEd, NCCA, DTI, TESDA and CECP
shall promulgate not later than thirty (30) days upon the effectivity of this Act, the necessary
rules and regulations for the effective implementation of this Act: Provided, That the failure to
promulgate the rules and regulations shall not prevent the implementation of this Act upon its
effectivity.

Sec. 21. Separability Clause. - If any part or provision of this Act shall be held unconstitutional
or invalid, other provisions thereof which are not affected thereby shall continue to be in full force
and effect.

Sec. 22. Repealing Clause. ~ All other laws, decrees, executive order and other. administrative
issuances and parts thereof which are inconsistent with the provisions of this Act are hereby
modified, superseded or repealed accordingly.

Sec. 23. Effectivity. - This Act shall take effect thirty (30) days following its publication in the
Official Gazette or in a major daily newspaper of national circulation in the Philippines.

Approved,