HOUSE OF REPRESENPAI
RECEIVED '

763.0 JUN 2045

DA
TIME:
By:

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
SEVENTEENTH CONGRESS REGISTRATION UNIT
First Regular Session BILLS AND INDEX SERVICE

HOUSE BILL NO. 367

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT
ESTABLISHING THE SOUTH COTABATO STATE COLLEGE IN THE
MUNICIPALITY OF SURALLAH, PROVINCE OF SOUTH COTABATO,
INTEGRATING THEREWITH THE SURALLAH NATIONAL AGRICULTURAL
SCHOOL LOCATED IN THE MUNICIPALITY OF SURALLAH, AND
APPROPRIATING FUNDS THEREFOR

This bill proposes to convert the Surallah National Agricultural School in the
Province of South Cotabato into a state college to be known as South Cotabato
State College (SCSC), and appropriating funds therefor.

The Surallah National Agricultural School is the lone tertiary government
agricultural institution in the Province of South Cotabato. Established in 1976, it
provides the people of the South Cotabato and nearby provinces quality education
despite its modest resources and persevered to achieve competency and proficiency
fulfilling its mandate.

As it aspires to further improve the delivery of quality education to the
people, the conversion into a state college will widen the opportunity to achieve its
goal. The improvement of the facilities and services will greatly benefit the people
especially the youth of South Cotabato and nearby provinces.

As the Province of South Cotabato is gearing towards development and
industrialization, education particularly in the tertiary level must be at pace and
these may be attained thru the conversion of the Surallah National Agricultural
School into a state college.

Foregoing considered, passage of this bill is earnestly sought.

ND} L. HERNANDEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 367

AN ACT ESTABLISHING THE SOUTH COTABATO STATE COLLEGE IN
THE MUNICIPALITY OF SURALLAH, PROVINCE OF SOUTH COTABATO,
INTEGRATING THEREWITH THE SURALLAH NATIONAL
AGRICULTURAL SCHOOL LOCATED IN THE MUNICIPALITY OF
SURALLAH, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Establishment. - There is hereby established a state college
in the Municipality of Surallah, Province of South Cotabato to be known as
the South Cotabato State College (SCSC), hereinafter referred to as the
College, and integrating therewith the Surallah National Agricultural School
(SUNAS), located in the Municipality of Surallah, Province of South Cotabato.
Its main campus shall be located in the Municipality of Surallah.

SEC. 2. General Mandate. - The College shall primarily provide both
advanced instruction and research in agriculture and allied technological
sciences including education, arts and related sciences. It shall also
undertake extension and development programs, and provide the necessary


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instructional and research leadership in agricultural, environmental and
technological development in Region XII (SOCCSKSARGEN).

SEC. 3. Curricular Offerings. - The College shail offer undergraduate and
graduate courses in the fields of agriculture, environmental management,
engineering, education, arts and sciences, and other degree courses within
its areas of specialization and according to its capabilities, as the Board of
Trustees may deem necessary to carry out its objectives and in order to
meet the needs of the Province of South Cotabato and the SOCCSKSARGEN.

The existing and any other future technical-vocational courses or
programs under the supervision of the Technical Education and Skills
Development Authority (TESDA) shall remain and continue to be offered
within the campus of the College.

SEC. 4. Administration. —- The College shall have the general powers of a
corporation set forth in Batas Pambansa Blg. 68, as amended, otherwise
known as “The Corporation Code of the Philippines”. The administration of
the College and the exercise of its corporate powers shall be vested
exclusively in the Board of Trustees and the President of the College.

SEC. 5. The Governing Board. - The governing board of the College shall
be the Board of Trustees, hereinafter referred to as the Board, which shall
be composed of the following:

(a) The Chairperson of the Commission on Higher Education
(CHED), Chairperson;
(b) The President of the College, Vice Chairperson;


(c) The Chairperson of the Committee on Education, Arts and
Culture of the Senate, member;

(d) The Chairperson of the Committee on Higher and Technical
Education of the House of Representatives, member;

(e) The Regional Director of the National Economic and
Development Authority (NEDA), member;

(f) The Regional Director of the Department of Agriculture (DA),
member;

(g) The Regional Director of the TESDA, member;

(h) The President of the federation of faculty associations of the
College, member;

(i) The President of the federation of student councils of the
College, member;

(j) The President of the federation of alumni associations of the
College, member; and

(k) Two (2) prominent citizens from the private sector who have
distinguished themselves in their profession or fields of
specialization of the College, members.

The Board shall appoint the two (2) prominent citizens from among a
list of at least five (5) qualified persons in the Province of South Cotabato, as
recommended by the search committee to be constituted by the College
President, in consultation with the Chairperson of the CHED and other
members of the Board, based on the normal standards and qualifications for

the position.

The two (2) prominent citizens shall serve for a term of two (2) years

from the date of appointment.


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SEC. 6. Promulgation and Implementation of Policies. - The Board
shall promulgate and implement policies in accordance with the declared
State policies on education and other pertinent provisions of the Philippine
Constitution on education, agriculture, science and technology, as well as
the policies, standards and thrusts of the CHED under Republic Act No.
7722, otherwise known as the “Higher Education Act of 1994".

SEC. 7. Powers and Duties of 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 existing laws:

(a) To promulgate rules and regulations as may be necessary to
carry out the purposes and functions of the College;

(b) To receive and appropriate all sums as may be provided for
the support of the College in the manner it may determine in
its discretion, in order to carry out the purposes and functions
of the College;

(c) To import economic, technical and cultural books and
Publications;

(d) To receive in trust, legacies, gifts and donations of real and
personal properties of all kinds and to administer and dispose
of the same when necessary for the benefit of the College,
and subject to the limitations, directions and instructions of
the donor, if any;

(e) To fix the tuition fees and other necessary school charges
such as matriculation fees, graduation fees, and laboratory
fees, as the Board may deem proper to impose, after due


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consultations with the involved sectors. Such fees and
charges, including government subsidies and other income
generated by the College, shall constitute special trust funds
and shall be deposited in any authorized government
depository bank, and all interests that shall accrue therefrom
shall form part of the same funds for the use of the College.
Any provision of existing laws, rules and regulations to the
contrary notwithstanding, any income generated by the
College from tuition fees and other charges, as well as from
the operation of auxiliary services and land grants, shall be
retained by the College, and may be disbursed by the Board
for instruction, research, extension or other
programs/projects of the College: Provided, That all fiduciary
fees shall be disbursed for the specific purposes for which
these are collected. If, for reasons beyond its control, the
College shall not be able to pursue any project for which the
funds have been appropriated and allocated under its
approved program of expenditures, the Board may authorize
the use of said funds for any reasonable purpose which, in its
discretion, may be necessary and urgent for the attainment of
the objectives and goals of the College;

(f) To adopt and implement a socialized scheme of tuition and
school fees for greater access to poor but deserving students;

(g) To authorize the construction or repair of its buildings,

ies, and the purchase

machinery, equipment and other facil
and acquisition of real property, including necessary supplies,
materials and equipment;

(h) To appoint, upon the recommendation of the President of the
College, vice presidents, deans, directors, heads of campuses,


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faculty members, and other officials and employees of the
College;

(i) To fix and adjust the salaries of faculty members and
administrative officials and employees, subject to the
provisions of the Revised Compensation and Position
Ciassification System and other pertinent budget and
compensation laws governing hours of service, and such
other duties and conditions as it may deem proper; to grant
them, at its discretion, leaves of absence under such

regulations as it may promulgate, any provision of existing
law to the contrary notwithstanding; and to remove them for
cause in accordance with the requirements of due process of
law;

(j) To approve the curricula, instructional programs and rules of
discipline drawn by the Administrative and Academic Councils
herein provided;

(k) To set policies on admission and graduation of students;

(l) To award honorary degrees upon persons in recognition of
their outstanding contribution in the fields of education, public
service, arts, science and technology, agriculture or in any
field of specialization within the academic competence of the
College, and to authorize the awarding of certificates of
completion of nondegree and nontraditional courses;

(m) To establish and absorb nonchartered tertiary institutions
within the Province of South Cotabato as branches and
centers in coordination with the CHED and, in consultation
with the Department of Budget and Management (DBM), and
to offer therein programs or courses to promote and carry out


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equal access to educational opportunities, as mandated by
the Constitution;

(n) To establish research and extension centers to promote the
development of the College;

(0) To establish professorial chairs in the College and to provide
fellowships for qualified faculty members, and scholarships to
deserving students;

(p) To delegate any of its powers and duties provided for
hereinabove to the President or other officials of the College,
as it may deem appropriate, so as to expedite the
administration of the affairs of the College;

(q) To authorize an external management audit of the College,
to be financed by the CHED, subject to the rules and
regulations of the Commission on Audit (COA), and to
institute reforms, including academic and structural changes,
on the basis of the audit results and recommendations;

(r) To collaborate with other governing boards of state
universities and colleges (SUCs) within the Province of South
Cotabato or REGION XII (SOCCSKSARGEN), under the
supervision of the CHED and in consultation with the DBM,
and work towards the restructuring of the College to become
more efficient, relevant, productive and competitive;

(s) To enter into joint ventures with business and industry for
the profitable development and management of the economic
assets of the College, the proceeds from which shall be used
for the development and strengthening of the College;

(t) To develop consortia and other economic forms of linkages
with local government units, institutions and agencies, both


1 public and private, local and foreign, in the furtherance of the

2 purposes and objectives of the College;
3 (u) To develop academic arrangements for institutional capability
4 building with appropriate institutions and agencies, public and

5 private, local and foreign, and to appoint experts/specialists
6 as consultants, part-time or visiting or exchange professors,
7 scholars or researchers, as the case may be;

8 (v) To set up the adoption of modern and innovative modes of
9 transmitting knowledge such as the use of information
0 technology, the dual training system, open distance learning

i and community laboratory for the promotion of greater access
12 to education;

13 (w) To establish policy guidelines and procedures for
14 participative decision-making and transparency within the
15 College;

16 (x) To privatize, where most advantageous to the College,
7 management of nonacademic services such as health, food,
18 building or grounds or property maintenance and such other
19 similar activities; and

20 (y) To extend the term of the President of the College beyond
21 the age of retirement, but not beyond the age of seventy
22 (70), whose performance has been unanimously rated by the
23 Board as outstanding based on the guidelines, qualifications
24 and standards set by the Board, after unanimous
25 recommendation by the search committee.

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28 SEC. 8. Meetings of the Board. — The Board shail regularly convene at
29 least once every quarter. However, the Chairperson of the Board may, upon


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three (3) days’ prior written notice, call a maximum of two (2) special
meetings whenever necessary. A quorum of the Board shall consist of
majority of ail its members holding office at the time of the meeting:
Provided, That the Chairperson of the Board or the President of the College

must be present in the meeting.

The Chairperson of the CHED may designate a Commissioner of the
CHED as the Chairperson’s representative in the meeting, with all the rights
and responsibilities of a regular member: Provided, however, That during
the meeting, the President of the College, as Vice Chairperson, shall be the
Presiding officer: Provided, further, That this proviso notwithstanding, the
Chairperson of the CHED is hereby authorized to designate a CHED
Commissioner as the regular Chairperson of the Board, in which case said
CHED Commissioner shal! act as the presiding officer.

In case the Chairpersons of the House and Senate Committees on
Education shall not be able to attend the Board meeting, they may duly
designate their respective representatives to attend the said meeting, who
shall have the same rights and responsibilities as a regular member of the
Board.

The members of the Board shall not receive any salary, but shall be
entitled to reimbursements for actual and necessary expenses incurred,
either in their attendance to meetings of the Board or in connection with
other official business authorized by resolution of the Board, subject to
existing laws and regulations.

SEC. 9. The College President. - The College shall be headed by a
President, who shall render full-time service. The President shali be


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appointed by the Board, subject to the guidelines, qualifications and
standards set by the Board, upon recommendation of a duly constituted
search committee.

The President shall serve for a term of four (4) years and shall be
eligible for reappointment for another term: Provided, That in order to effect
@ smooth transition to a state college, the incumbent Vocational School
Administrator of the SUNAS, if qualified, shall ipso facto become the first
President of the College.

Within six (6) months before the expiration of the term of office of the

incumbent President of the College, the Board shall constitute the Search
Committee for the Presidency (SCP).
In case of vacancy in the Office of the President by reason of death,
compulsory retirement, resignation, removal for cause or incapacity of the
President to perform the functions of the office, the Board shall have the
authority to designate an Officer-in-Charge of the College pending the
appointment of a new President.

In case of vacancy in the Office of the President as mentioned in the

immediately preceding paragraph, the successor or the Officer-in-Charge
shall serve only for the unexpired portion of the term.
The powers and duties of the President of the College, in addition to those
specifically provided in this Act, shall be those usually pertaining to the
Office of the President of similar universities and colleges, and those
delegated by the Board.

The salary of the President of the College shail be in accordance with
the Revised Compensation and Position Classification System, as modified by


Joint Resolution No. 4 dated June 17, 2009 and other pertinent budget and
compensation laws, and shall be comparable to that being received by the
Presidents of similar educational institutions.

The President of the College shali be assisted by a Vice President for
Academic Affairs and a Vice President for Administration, who shall be
appointed by the Board upon recommendation of the President.

SEC. 10. The Administrative Council. - There shall be an Administrative
Council consisting of the President of the College, as Chairperson, vice
presidents, deans, directors and other officials of equal rank, as members,
whose duty is to review and recommend to the Board the policies governing
the administration, management and development planning of the College.

SEC. 11. The Academic Council. - There shall be an Academic Council to
be composed of the President of the College, who shall act as Chairperson,
and ali the academic staff with the rank of at least an assistant professor, as
members.

The Academic Council shall have the power to review and recommend
the curricular offerings and rules of discipline of the College, subject to the
approval of the Board. It shall fix the requirements for the admission of
students as well as for their graduation and conferment of degrees, subject
to review and approval by the Board through the President of the College. It
shall have the disciplinary power over students of the College and shall
formulate academic policies and rules and regulations on discipline, subject
to the approval of the Board.


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SEC. 12. The Secretary of the College. - The Board shall appoint a
Secretary, who shall serve as such for both the Board and the College and
shall keep all records and proceedings of the Board. The Secretary shall
serve upon each member of the Board the appropriate notice of the Board
meetings.

SEC. 13. The Treasurer of the College. — The Treasurer of the Philippines
shall be the ex officio Treasurer of the College.

SEC. 14. The Faculty. — No political belief, gender preference, cultural or
community affiliation or ethnic origin, and religious opinion or affiliation shall
be a matter of inquiry in the appointment of faculty members of the College:
Provided, That said appointment shall be subject to the guidelines,
qualifications and standards set by the Board: Provided, further, That no
member of the faculty shall teach for or against any particular church or
religious sect.

SEC. 15. Scholarship Program/Admission. — The College shall provide a
scholarship program and other affirmative action programs to assist poor but
deserving students who qualify for admission to the College. No student shall
be denied admission to the College by reason of sex, religion, cultural or
community affiliation or ethnic origin.

SEC. 16. Academic Freedom and Institutional Autonomy. - The
College shall enjoy academic freedom and institutional autonomy, pursuant
to paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of
the Philippines.


SEC. 17. Authority to Loan or Transfer
Apparatus/Equipment/Supplies and Detail of Personnel. — The heads
of the bureaus and offices of the national government are hereby authorized
to loan or transfer, upon the request of the President of the College, such
apparatus, equipment or supplies as may be needed by the College, and to
detail employees for duty therein when, in the judgment of the head of the
bureau or office, such apparatus, equipment, supplies or services of such
employees can be spared without serious detriment to public service. The
employees so detailed shall perform such duties as required of them by the
President of the College, and the time so employed shall be counted as part

of their regular services.

SEC. 18. Assets, Liabilities and Personnel. - All assets, real and
personal, personnel and records of the SUNAS, as well as its liabilities or
obligations, are hereby transferred to the College: Provided, That the
positions, rights and security of tenure of faculty members and personnel
therein employed under existing laws prior to the integration of the SUNAS.
into the College shall be respected: Provided, further, That the incumbents
of the positions shall remain in the same status until otherwise provided for
by the Board: Provided, finally, That the College shall also include an
upgrade or increase in its human resource component. All parcels of land
belonging to the government occupied by the SUNAS are hereby declared to
be property of the College and shall be titled under that name: Provided,
That should the College cease to exist or be abolished, or should such
parcels of land aforementioned be no longer needed by the College, the
same shall revert to the national government or to the concerned local
government unit.


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SEC. 19. Appropriations. —- The amount necessary to carry out the
provisions of this Act shall be included in the annual General Appropriations
Act.

SEC. 20. Tax Exemption. - The importation of economic, technical and
cultural books or publications, which are for economic, technical, vocational,
scientific, philosophical, historical or cultural purposes made by the College,
upon certification by the CHED, shall be exempt from customs duties in
accordance with the provisions of the Tariff and Customs Code of the
Philippines, as amended.

All grants, bequests, endowments, donations and contributions made
to the College to be used actually, directly and exclusively by the College
shall be exempt from donor’s tax and the same shall be considered as
allowable deductions from the gross income of the donor for purposes of
computing the taxable income of the donor in accordance with the provisions
of the National Internal Revenue Code of 1997, as amended.

SEC. 21. Development Plan, Management Audit/Organizational/
Administrative/Academic Structure. - Within the period of one hundred
twenty (120) days after the approval of this Act, the College shall
accomplish the following:

(a) Submit a five (5)-year development plan, including its
corresponding program budget to the CHED, for
corresponding recommendation to the DBM;

(b) Undergo a management audit in cooperation with the CHED;
and


(c) Accordingly set up its organizational, administrative, as well
as academic structure, including the appointment of the
College key officials.

SEC. 22. Annual Report. - On or before the fifteenth (15th) day of the
second month after the opening of the regular classes each year, the Board
shall file with the Office of the President of the Philippines, through the
Chairperson of the CHED and with both Houses of Congress, a detailed
report on the progress, condition and needs of the College.

SEC. 23. Suppletory Application. - The provisions of Republic Act No.
8292, otherwise known as the “Higher Education Modernization Act of 1997",
shall be an integral part of this Act and shall serve as part of the Governing
Charter of the College.

SEC. 24. Parity Clause. - All other powers, functions and privileges,
responsibilities and limitations to SUCs and their officials under existing laws
shall be deemed granted to or imposed upon the College and its officials,
whenever appropriate.

SEC. 25. Compliance with CHED Requirements. - The provisions of this
Act notwithstanding, the establishment or conversion of the institution into a
state college shall become effective only upon the determination and
declaration by the CHED, based on the recommendation of a panel of
experts, that the institution has complied with the requirements for a college
status. The CHED, through its regional office, shall regularly provide
technical assistance to the institution and monitor compliance with the
requirements of the Commission.


(a) Equivalent or appropriate accreditation under CHED policies and
guidelines for colieges;

(b) Ratio of qualified full-time faculty with requisite degrees to
number of students;

(c)Adequate library and laboratories;

(d) Research and development output of practical and commercial
application to the community;

(e) Relevant linkages and outreach programs that are of service to
the community; and

(f) (f) Relevant academic policies, systems and processes.

The institution shall retain its status prior to the effectivity of this Act, uniess
in the meantime it is able to comply with the requirements provided herein,
within a period not beyond January 1, 2019.

SEC. 26. Implementing Rules and Regulations. - The Board, in
consultation with the CHED, shail formulate the guidelines to fully impiement
the provisions of this Act.

SEC. 27. Separability Clause. - If, for any reason, any part or provision of
this Act is declared invalid or unconstitutional, the remaining parts or
provisions not affected thereby shall remain in full force and effect.


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SEC. 28. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed or modified accordingly

SEC. 29. Effectivity. - This Act shail take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,