/” RECEIVED

EIGHTEENTH CONGRESS OF THE ) fe No}
REPUBLIC OF THE PHILIPPINES j ( nue vit ae
First Regular Session } =
HOUSE OF REPRESENTATIVE
H.B.No, 5825

Introduced by Representative TEODORICO T. HARESCO, JR.

EXPLANATORY NOTE

According to the 1987 Philippine Constitution, the State recognizes the youth's role
in nation-building. Thus, it necessarily acknowledges its responsibility to provide
opportunities to all its youth, including its student-athletes, or those who desire to hone their
skills in sports and athletics. Sports and physical development are basic elements in the
education and formation of the youth. Unfortunately, the present public and private school

educational system provide inadequate support to the student-athlete.

Public school students have very limited options if they opt to pursue sports within
the public education structure which is only through the Palarong Pambansa or the
Philippine National Games that is, if they are talented enough to be recruited. In terms of
curriculum, physical education (PE) is consolidated with music, arts, and health in just one

academic subject that translates to less time and focus devoted to sports.

This proposed measure intends to create a Philippine High School for Sports (PHSS)
which will have an academic curriculum that will teach academic skills but at the same time
provide the needed time and support for developing the students’ skills in sports.

It is about time that we put importance to our young athletes.

Tl 7

TEODORIC®-4. HARESCO, JR.


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EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES J
First Regular Session 5)
HOUSE OF REPRESENTATIVES
H.B.No._g@p3

Introduced by Representative TEODORICO T. HARESCO, JR.

AN ACT
CREATING THE PHILIPPINE HIGH SCHOOL FOR SPORTS
AND PROVIDING 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 “The Philippine High School
for Sports Act of 2019”

SECTION 2. Declaration of Policy. - 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. Towards this end, the State shall promote physical education and
encourage sports programs, league competitions, and amateur sports, including training for
international competitions, and foster self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry. The State shall provide adequate training for
students with athletic abilities for competitive sports to foster the holistic development of

the youth and to prepare the students for a long-term career in sports development.

SECTION 3. Creation and Establishment of the Philippine High School for Sports.-There
is hereby created and established a Philippine High School for Sports (PHSS) to develop the
athletic skills and talents of high school students. This shall be attached to the Department
of Education (DepEd) which shall also coordinate with the Philippine Sports Commission
(PSC) for policy and program formulation and implementation on subjects pertaining to
sports. The organizational structure and staffing pattern of the school shall be submitted by
the DepEd, in coordination with the PSC, to the Department of Budget and Management

(DBM) for evaluation and approval.

SECTION 4. Purpose of the PHSS. - The PHSS shall offer, on a full or partial scholarship
basis, a secondary course with special emphasis on developing the athletic skills of the


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students through subjects pertaining to physical education and sports development, with the
end in view of educating its students who have shown their early potential of excelling in
sports for a sports-related career while undergoing quality secondary education. The Board
of Trustees, as created under Section 7 of this Act, may agree to accept paying students based

on the criteria that it will hereafter establish.

SECTION 5. Site, Construction, Operation, and Maintenance of the PHSS. - After a period
of planning not exceeding one (1) year upon the effectivity of this Act, the necessary sports
facilities and amenities, which are at par with international standards, shall be constructed
at New Clark City in Capas, Tarlac.

The Bases Conversion and Development Authority (BCDA) shall provide the land for
the site, by way of usufruct, and shall be in charge of the construction of classrooms,

dormitories, sports facilities, and other related amenities at the New Clark City campus.

The PHSS shall be in charge of its annual operation expenses and maintenance costs.

SECTION 6. Director of the PHSS. - Upon the recommendation of the Board of
Trustees, the President shall appoint the Director who shall serve as head for a period of six
(6) years. The functions, powers, and duties of the Director, in addition to those specifically
provided for under this Act, shall be those usually pertaining to the office of the principal of

any high school in the Philippine educational system.

SECTION 7. Board of Trustees. - The PHSS shall have a Board of Trustees, hereinafter
referred to as the Board, which shall be composed of the Secretary of the DepEd as
Chairperson, the Chairperson of the PSC as Vice Chairperson, and the following members:
the Director of the PHSS; one (1) representative each from the House of Representatives and
the Senate; the President of the Philippine Olympic Committee (POC); and, three (3)
representatives from different POC-accredited national sports associations to be nominated

by their respective sports associations and appointed by the Chairperson of the Board.

The three (3) representatives from the different POC-accredited national sports
associations shall be appointed for a term of two (2) years, renewable every two years by

the Chairperson of the Board in due consultation with the Vice Chairperson.

In case of vacancy in the Board, the appointee shall serve the unexpired term of the

predecessor.


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All members who are not receiving regular compensation from the government shall
receive per diem for every meeting of the Board, subject to existing rules and regulations of

the DBM for the purpose.

SECTION 8. Powers and Functions of the Board of Trustees. - The exercise of the
corporate powers of the PHSS is hereby vested exclusively in the Board of Trustees. 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 identify the satellite branches and regional campuses of the PHSS;

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

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

(a) To approve appointments made and contracts entered into by the Director in
connection with the employment of teachers, lecturers, and other employees of the school,
fix their compensation and other conditions of employment, and remove them for cause after
proper investigation;

(€) To provide and approve fellowships and trainings for faculty members;

(f To fix the tuition fees and other necessary school charges, as the Board may deem
proper to impose, after due and comprehensive consultation with the students concerned.

Such fees and charges and other internally-generated income by the PHSS shall
constitute the Sports High School Fund, as created under Section 18 of this Act, and shall be
deposited in any authorized government depository bank, and all interests which shall
accrue therefrom shall form part of the same fund for the use of the PHSS.

Any provision of existing laws, rules and regulations to the contrary notwithstanding,
any income generated by the PHSS from tuition fees and other charges, as well as from the
operation of auxiliary services and land grants, shall be retained by the PHSS, and may be
disbursed by the Board for instruction, research, extension, or other programs or projects of
the PHSS: Provided, That all fiduciary fees shall be disbursed for the specific purposes for
which they were collected;

(g) To approve the grant of scholarships, stipends, and such other allowances to
deserving students;

(h) To establish the criteria for the selection and admission of students which shall

include, among others, national competitive trials and examinations;


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(i) To develop the athletic potential of every student together with a sound and strong
academic base;

(i) To provide a training program for students with the end goal of creating athletes
who are competitive in the national. South East Asian, Asian, and Olympics levels;

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

(I) To receive, in trust, legacies, gifts and donations of real and personal properties of
all kinds and to administer the same for the benefit of the PHSS 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 PHSS; and

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

SECTION 9. Meetings and Quorum of the Board of Trustees. - The Board shall regularly
convene at least once every quarter. The Chairperson of the Board may call a special meeting
whenever necessary: Provided, That members are notified in writing at least three (3)
calendar days prior to said special meeting.

A quorum of the Board shall consist of a majority of all the members holding office at
the time the meeting is called: Provided, That the Chairperson of the Board is among those
present in the meeting. In the absence of the Chairperson, an Undersecretary of the DepEd,

duly designated by the Chairperson, shall represent him/her in the meeting.

SECTION 10. Reporting Requirements and Auditing of Accounts. - The Board shall
submit to the Commission on Audit (COA), DBM, Office of the President of the Philippines
(OP), and Congress a detailed report on the progress, condition, and needs of the PHSS
containing, among others, the financial statements, statement of assets and liabilities, other
revenue sources and program for expenditures, physical and financial accountability
reports, and other similar reportorial requirements on or before the fourteenth (14th) day
of February of each year. All accounts and expenses of the PHSS shall be audited by the COA

or its duly authorized representative.

SECTION 11. Executive Council, - There shall be an Executive Council, hereinafter
referred to as the Council, consisting of the Director, the Assistant Director whose position
is created under Section 12 of this Act, the heads of departments of PHSS, and such other
ranking faculty members or officials of the PHSS as may be determined by the Board.

The Council shall have the power to screen and select the students subject for

admission, select students who shall be recipients of scholarships, stipends and other


allowances, and develop the curricula, course of study, and rules of discipline. The Council
shall implement and execute the policies laid down by the Board and exercise such other

powers, functions, and duties as the Board may prescribe.

SECTION 12. Assistant Director of the PHSS. - There shall be an Assistant Director who

shall assist the Director. In the absence of the Director, he/she shall assume the

istrative and supervisory functions of the Director. He/she shall be appointed by the
Chairperson of the Board, subject to the approval of such Board which shall also fix his/her

compensation.

SECTION 13. Registrar of the PHSS. - There shall be a Registrar of the PHSS who shall
also act as Secretary of the Board, to be appointed by the Director with the approval of the
Board. The Registrar shall keep all records of the PHSS.

SECTION 14. Treasurer of the PHSS. - There shall be a Treasurer of the PHSS who shall
be appointed by the Director with the approval of the Board.

SECTION 15. Personnel of the PHSS. - The Director shall, upon approval of the Board,
employ professional and highly skilled managers, educators, teachers, and personnel with
long and vast experience in sports administration, education, and management to ensure
proper operation and maintenance of the PHSS.

Any officer or employee of the Government engaged as a lecturer at the PHSS may
receive a compensation in addition to his/her salary at the rate to be fixed by the Board:
Provided, That his/her duties as such lecturer are performed outside of the regular office
hours.

SECTION 16. Payment of National Taxes and Customs Duties. - The payment of
national taxes, including customs duties, of the PHSS shall be charged against the Tax
Expenditure Fund (TEF) provided for in the annual General Appropriations Act.

The PHSS shall be exempt from withholding taxes on the honoraria or fees paid by

the PHSS to visiting lecturers or professors from abroad.

SECTION 17. Tax Deduction and Exemption of Donations and Contributions. - All
legacies, gifts and donations for the benefit of the PHSS, its support and/or maintenance, or
for aid to any of its students shall be tax- exempt and fully deductible from the gross income

of the donors in accordance with the National Internal Revenue Code (NIRC), as amended.


SECTION 18. Sports High School Fund. - All incomes and monetary donations to the
PHSS created under this Act shall be formed into a fund to be known as the Sports High
School Fund, which the PHSS shall be authorized to retain without need of a separate
approval from any government agency and subject to existing budgeting, accounting and
auditing rules and regulations. This fund shall be expended as authorized by the Board and

exclusively for the purpose of this Act.

SECTION 19. Funding. - The Secretary of the DepEd shall immediately include in the
department's programs the operation of the PHSS whose funding shall be included in the

annual General Appropriations Act.

SECTION 20. Implementing Rules and Regulations. - The DepEd and the PSC, in
consultation and coordination with the DBM, the Commission on Higher Education (CHED),
the Department of Public Works and Highways (DPWH), the BCDA, and other relevant
stakeholders shall promulgate, not later than sixty (60) days upon the effectivity of this Act,
the necessary rules and regulations for its effective implementation: Provided, That the
failure to promulgate such rules and regulations shall not prevent the implementation of this

Act upon its effectivity.

SECTION 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.

SECTION 22. Repealing Clause. - All other laws, decrees, executive orders, and other
administrative issuances and parts thereof which are inconsistent with the provisions of this

Act are hereby modified, superseded or repealed accordingly.
SECTION 23. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in a major daily newspaper of national circulation in the

Philippines.

Approved,