Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘Twentieth Congress
First Regular Session

HOUSE BILL NO. 8s 3

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT

CONVERTING THE SOUTH COTABATO STATE COLLEGE IN THE
MUNICIPALITY OF SURALLAH, PROVINCE OF SOUTH COTABATO INTO A
STATE UNIVERSITY TO BE KNOWN AS THE “SOUTH COTABATO STATE

UNIVERSITY”, AND APPROPRIATING FUNDS REFOR

EXPLANATORY NOTE

The Constitution explicitly provides that the State shall give priority to education,
science and technology, arts and culture, and sports and accelerate social progress. In line
with this expressed mandate, the proposed measure seeks to convert the South Cotabato State
College (SCSC) into a state university to enhance the quality of higher education and
research, and to provide broader access to advanced educational opportunities within the

region

State colleges, while instrumental in delivering tertiary education, have limited
capacity in terms of academic program offerings, research initiatives, and international
collaboration. By converting a state college into a state university, the institution will be
empowered to provide the youth and students a more accessible and affordable higher
education, which shall:

2.

Expand academic offerings beyond undergraduate degrees to include graduate and
postgraduate programs in various fields of study;

Enhance faculty development and research capacity, thereby improving the quality
of instruction and innovation;

Attract more funding from both government and private sectors, grants,
scholarships and local and foreign partnerships and cooperation;

Strengthen linkages with industry and global partners, contributing more directly
to regional and national development,

Ensure that quality education is accessible to a broader segment of the population,
especially those in underserved and rural areas; and

Create opportunities for employment, entrepreneurship, preservation of culture
and identity.

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D

RECEIVED



The conversion of SCSC into South Cotabato State University will be subject to
compliance with the requirements and standards set by the Commission on Higher Education
(CHED), ensuring that the transition upholds academic excellence and institutional integrity.

In light of these goals, the approval of this measure is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘Twentieth Congress
First Regular Session

HOUSE BILL No. 883

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT
CONVERTING THE SOUTH COTABATO STATE COLLEGE IN THE
MUNICIPALITY OF SURALLAH, PROVINCE OF SOUTH COTABATO INTO A
STATE UNIVERSITY TO BE KNOWN AS THE “SOUTH COTABATO STATE
UNIVERSITY” AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. - The South Cotabato State College (SCSC) in the
Municipality of Surallah, Province of South Cotabato, is converted into a State University to
be known as the South Cotabato State University (SCSU). Its main campus shall be in the
Municipality of Surallah, Province of South Cotabato.

SEC. 2. General Mandate. - The SCSU, hereinafter referred to as the University,
shall primarily provide advanced instruction, higher technological education, professional
training, and research in agriculture, allied technological sciences, education, arts and related
sciences, and other relevant fields of study. It shall also undertake and promote research,
extension services, income generating projects and production activities, and shall provide
progressive leadership in its areas of specialization.

SEC. 3. Curricular Offerings. - The University shall offer technical-vocational,
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 Regents may deem necessary
to carry out its objectives, and those which respond to the human resource development needs
and improvement of the quality of lives in the Province of South Cotabato and the South
Cotabato, Cotabato, Sultan Kudarat, Sarangani, and General Santos City
(SOCCSKSARGEN) Region.

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‘The existing and any other future technical-vocational courses or programs under the
supervision of the Technical Education and Skills Development Authority shall remain and
continue to be offered by the University.

The University may operate a reasonably-sized laboratory high school under the
supervision of its College of Education to serve the in-campus requirements of its students.

SEC. 4. Administration. — The University shall have the general powers of a
corporation set forth in Republic Act (RA) No. 11232, otherwise known as the “Revised
Corporation Code of the Philippines”. The administration of the University and the exercise
of its corporate powers shall be vested exclusively in the Board of Regents and the President
of the University.

SEC. 5. The Board of Regents. ~ The governing body of the University, shall be the
Board of Regents, hereinafter referred to as the Board. The Chairperson of the Board shall be
the Chairperson of the Commission on Higher Education (CHED) and the Vice-Chairperson
shall be the President of the University. The following shall be the members:

a. Chairperson of the Committee on Higher, Technical and Vocational
Education of the Senate;

b. Chairperson of the Committee on Higher and Technical Education of the

House of Representatives;

Regional Director of the National Economic and Development Authority;

Regional Director of the Department of Science and Technology;

Regional Director of the Department of Agriculture;

President of the federation of faculty associations of the University;

President of the federation of student councils of the University;

President of the federation of alumni associations of the University;

Representative of the nonteaching or personnel association of the

University; and

j. Two (2) prominent citizens from the private sector who have distinguished
themselves in their professions or fields of specialization.

-re mead

The Board shall appoint two (2) prominent citizens who shall be selected from a list of
at least five (5) qualified persons from the Province of South Cotabato as recommended by a
Search Committee constituted by the President of the University, in consultation with the
Chairperson of the CHED and other members of the Board, based on the guidelines on
qualification standards for the position set by the Board. They shall serve for a term of two (2)
years from the date of appointment

The terms of office of the Presidents of the federation of faculty associations,
federation of student councils, federation of alumni associations, and the Representative of
the non-teaching personnel shall be coterminous with their terms of office, as provided under
their respective constitutions and bylaws.

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In case of vacancy among appointive positions in the Board, the vacancy shall be
filled by the Board following guidelines set by it and the appointee shall hold office only for
the unexpired portion of the term.

SEC. 6, Powers and Duties of the Board. ~ The administration of the University and
the exercise of its corporate powers are vested in the Board, which 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 RA
No. 11232:

a. Promulgate and implement policies in accordance with the declared State
policies on education, other pertinent provisions of the Constitution on
education, agriculture, science and technology, and the policies, standards and
thrusts of the CHED under RA No. 7722, otherwise known as the "Higher
Education Act of 1994";

b. Approve the curricula, instructional programs, and rules on student discipline
drawn by the Administrative and Academic Councils, as herein provided;

c. Appoint, upon the recommendation of the President of the University, the vice
presidents, chancellors, deans, directors, heads of the campuses, faculty
members, and other officials and employees of the University;

d. Fix and adjust the salaries of faculty members, administrative officials and
employees, subject to the provisions of the Revised Compensation and
Position Classification System and other pertinent budget and compensation
laws governing hours of service, and such other duties and conditions as it
may deem proper, 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 remove them for cause in accordance with the
requirements of the civil service rules and regulations and due process of law;

¢. 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 consultation with the concerned sectors. The fees and
charges, including government subsidies and other income generated by the
University, shall constitute its special trust funds and shall be deposited in any
authorized government depository bank. All interests that shall accrue
therefrom shall form part of the same funds for the use of the University,

Any provision of existing law, rule or regulation to the contrary
notwithstanding, any income generated by the University from tuition fees and
other charges, as well as from the operation of auxiliary services and land
grants, shall be retained by the University and may be disbursed by the Board
for instruction, research, extension services, and other programs or projects of
the University: Provided, That all fiduciary fees shall be disbursed for the
specific purposes for which these are collected: Provided however, That if, for
reasons beyond its control, the University shall not be able to pursue any
project for which the funds have been appropriated and allocated under its

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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 University;
Adopt and implement a socialized scheme of tuition and other school fees for
greater access of poor but deserving students in accordance with RA No.
10931, otherwise known as the “Universal Access to Quality Tertiary
Education Act”,

Establish professorial chairs in the University and provide fellowships for
qualified faculty members, and scholarships to deserving students;

Receive and appropriate sums as may be provided for by law for the support of
the University, and all other sums in the manner it may, in its discretion,
determine to carry out the purposes and functions of the University;

Set the policies on admission and graduation of students;

‘Award honorary degrees upon persons in recognition of their outstanding
contributions in the fields of education, public service, arts, science and
technology, sports and human kinetics or any field of specialization within the
academic competency of the University, and authorize the awarding of
certificates of completion of nondegree and nontraditional courses;

Develop academic arrangements for institutional capability building with
appropriate institutions and agencies, whether public, private, local or foreign,
and appoint experts or specialists as consultants, part-time, visiting or
exchange professors, scholars or researchers, as the case may be;

Adopt modern and innovative modes of transferring knowledge to allow
greater access to education such as the use of information technology, online
programs, the dual training system, open distance learning, and community
laboratory;

. Absorb non-chartered tertiary education institutions within the Province of
South Cotabato and the SOCCSKSARGEN Region as branches, extension
campuses, and external centers, in coordination with the CHED and in
consultation with the Department of Budget and Management (DBM), and
offer therein programs or courses to carry out the constitutional mandate of
providing equal access to educational opportunities:

Authorize an external management audit of the University, to be financed by
the CHED, subject to the rules and regulations of the Commission on Audit,
and institute reforms, including academic and structural changes, on the basis
of the audit results and recommendations;

Develop consortia and other economic forms of linkages with local
government units (LGUs), as well as public, private, local or foreign
institutions and agencies for the furtherance of the purposes and objectives of
the University;

Import economic, technical and cultural books and publications;

Enter into joint ventures with business industry for the profitable growth and
management of economic assets, the proceeds of which shall be used for the
development and strengthening of the University;

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r Receive, in trust, all legacies, gifts, and donations of real and personal
properties of all kinds and administer and dispose of the same, when
necessary, for the benefit of the University and subject to the limitations,
directions, and instructions of the donor, if any;

s. Extend the term of the President of the University beyond the age of retirement
but not beyond the age of seventy (70), based on the guidelines on
qualification standards set by the Board: Provided, That the President’s
performance has been rated by the Board as outstanding and a unanimous
recommendation for such extension has been decided upon by the Search
Committee;

t. Delegate any of its powers and duties to the President and other officials of the
University, as it may deem appropriate, so as to expedite the administration of
the affairs of the University:

u. Establish policy guidelines and procedures for participative and transparent
decision-making within the University;

v. Where most advantageous to the University, privatize the management of
nonacademic services such as health, food, building or grounds or property
maintenance, and such other similar activities;

w. Authorize the construction or repair of its buildings. machinery, equipment and
other facilities, and the purchase and acquisition of real property, including the
necessary supplies, materials, and equipment; and

x. Promulgate rules and regulations, as may be necessary, to carry out the
purposes and functions of the University.

SEC. 7. Meetings of the Board. ~ The Board shall regularly convene once every three
(3) months. The Chairperson of the Board may, however, call a special meeting whenever
necessary: Provided, That members are notified in writing at least three (3) days prior to the
conduct of said meeting,

A quorum of the Board shall consist of a majority of all its members holding office at
the time of the meeting: Provided however, That the Chairperson of the Board or the President
of the University is among those present in the meeting.

In case the Chairperson of the CHED cannot attend a meeting of the Board, a CHED
Commissioner duly designated by Chairperson of the CHED as representative to the meeting,
shall have all the rights and responsibilities of a regular member: Provided, That during the
meeting, the President of the University, as Vice Chairperson, shall be the presiding officer:
Provided further, That this provision notwithstanding, the Chairperson of the CHED may
designate a CHED Commissioner as the regular Chairperson of the Board, in which case, the
said CHED Commissioner shall act as the presiding officer.

In case the Chairpersons of the Senate Committee on Higher, Technical and
Vocational Education and the House Committee on Higher and Technical Education shall not
be able to attend the Board meeting, they may designate their respective representatives who
shall have the same rights and responsibilities as regular members of the Board.

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The members of the Board shall serve without compensation other than
reimbursements for actual and necessary expenses incurred, either for their attendance to the
meetings of the Board or in connection with other official business authorized by resolutions
of the Board, subject to existing laws and regulations.

SEC. 8. The University President. - The University shall be headed by a President
who shall be appointed by the Board, subject to its guidelines on qualification standards, and
based on the recommendation of a Search Committee duly constituted for the purpose of
selecting the President. The University President shall render full-time service for a term of
four (4) years, and may be reappointed to another term: Provided, That in order to effect the
smooth transition of the College to a state university, the incumbent President of the SCSC, if
qualified, shall serve as the first President of the University without reappointment.

Within six (6) months before the expiration of the term of office of the incumbent
President of the SCSC, the Board shall constitute the Search Committee for the Presidency.

The powers and duties of the President of the SCSC, in addition to those specifically
provided in this Act, shall be those usually pertaining to the Office of the President of
universities and those delegated by the Board.

The salary of the President of the SCSC shall be in accordance with RA No. 11466,
otherwise known as the “Salary Standardization Law of 2019”, and such other laws
amendatory thereto, which may hereinafter be enacted, and on the joint circular for state
universities and colleges’ leveling instruments, and guidelines of the CHED and the DBM.

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 designate an Officer-in-Charge (OIC) of the
University, pending the appointment of a new President: Provided, That the OIC shall serve
only during the unexpired portion of the term.

The President of the University shall be assisted by the following officials: Vice
President for Academic Affairs; Vice President for Administration, Planning, and Finance;
and Vice President for Research, Development, and Extension. They shall all be appointed by
the Board upon the recommendation of the President of the University.

SEC. 9. The Secretary. — The Board shall appoint a Secretary who shall serve as such
for both the Board and the University and shall keep all records and proceedings of the Board
in addition to other duties and responsibilities. The Secretary of the University shall serve
upon each member of the Board the appropriate notice of Board meetings

SEC. 10. The Treasurer. ~ The Treasurer of the Philippines shall be the ex officio
‘Treasurer of the University.

SEC. 11. The Administrative Council. ~ There shall be an Administrative Council
consisting of the President of the University, as Chairperson, and the vice-president, deans,
director, and other officials of equal rank, as members, whose duty is to review and

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recommend to the Board such policies governing the administration, management, and
development planning of the University.

SEC. 12. The Academic Council. — There shall be an Academic Council consisting of
the President of the University, as Chairperson, and all academic staff with the rank of at least
an assistant professor, as members, which shall formulate academic policies.

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

It shall have disciplinary power over the students of the University and shall formulate
rules and regulations on student discipline, subject to the approval of the Board

SEC. 13. Academic Freedom, — The University shal! enjoy academic freedom
pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution,

SEC. 14. The Faculty. — No political belief, gender preference, cultural or community
affiliation, ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the
appointment of faculty members of the University: Provided, That the appointment shalll be
subject to the guidelines on qualification standards set by the Board: Provided further, That a
member of the faculty shall not criticize, vouch for, recruit members in behalf of, or preach
about any particular church or religious sect.

SEC. 15. Heads of Campuses. - The Campus Director shall respectively serve as
heads or administrators of the campuses of the University and render full-time service.

They shall be appointed or designated by the Board, upon recommendation of the
Search Committee and the President, subject to the guidelines on qualification standards set
by the Board: Provided, That upon the effectivity of this Act, the incumbent Campus
Directors of the existing campuses of the SCSC shall continue to serve as such

SEC. 16. Scholarship Programs and Admission. ~ The University shall provide
scholarship programs and other affirmative action programs to assist poor but deserving
students who qualify for admission to the University. No student shall be denied admission to
the University by reason of sex, religion, political, cultural or community affiliation, and
ethnic origin.

SEC. 17. Authority to Loan or Transfer of Apparatus, I:quipment or 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 University. such
apparatus, equipment or supplies as may be needed by the University and to detail employees
for duty therein when, in the judgement of the head of the bureau or office, the 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

Page |7


the President of the University and the time so employed shall be counted as part of their
regular service.

SEC. 18, Assets, Liabilities, and Personnel. — All assets, both real and personal,
personnel and records of the SCSC, as well as its liabilities or obligations, shall be transferred
to the University: Provided, That the positions, rights, and security of tenure of faculty
members and personnel therein employed under existing laws prior to the conversion into a
university shall be respected.

All parcels of land belonging to the government occupied by the SCSC and all its
satellite campuses are declared as property of the University, and shall be titled under its
name: Provided, That should the University cease to exist or be abolished or should such
aforementioned parcels of land be no longer needed by the University, the same shall revert to
the concerned LGUs or to the Republic of the Philippines, as the case may be.

SEC. 19, Duty and Tax Exemptions. - The importation of books or publications,
which are for economic, technical-vocational, scientific, philosophical, historical, legal or
cultural purposes made by the University, upon certification by the CHED, shall be exempt
from customs duties in accordance with the provisions of RA No. 10863, otherwise known as
the “Customs Modernization and Tariff Act (CMTA)”.

All grants, bequests, endowments, donations, and contributions made to and used
actually, directly, and exclusively for educational purposes by the University, shall be exempt
from donor’s tax and the same shall be considered as allowable deductions from gross income
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. 20. Compliance with the CHED Requirements. - The provisions of this Act
notwithstanding, the conversion of the SCSC to a state university shall become effective only
upon the determination and declaration by the CHED, based on the recommendation of a
panel of experts constituted for the purpose, that the institution has complied with the
requirements for a university status based on the CHED Memorandum Order No. 46, series of
2012 or the Policy Standard to Enhance Quality Assurance in Philippine Higher Education
Through an Outcomes-Based and Typology-Based Quality Assurance: Provided, That the
panel may issue such recommendation when the SCSC has substantially complied with the
requirements for the grant of university status.

The following operational requirements for a university, as established by the CHED,
shall be complied with:

a, Employment of full-time, permanent faculty members who possess relevant
degrees in their areas of specialization, as required by the CHED, and shall
have participated in research and development activities in their respective
disciplines, as evidenced by refereed publications and other scholarly outputs;

b. Offering of a comprehensive range of degree programs in all levels, from basic
post-secondary to doctoral programs;

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c. Conduct of viable research programs in specific disciplinal and
multidisciplinary areas of study that produce new knowledge, as evidenced by
refereed publications, citations, inventions, and patents, among others;

d. Establishment of comprehensive learning resources and support structures, to
include libraries, practicum laboratories, relevant educational resources, and
linkages with relevant disciplinal and professional sectors, so as to allow
students to explore basic, advance, and even cutting-edge knowledge in a wide
range of disciplines or professions:

e. Maintenance of linkages and affiliation with other research institutions in
various parts of the world to ensure that the research activities of the
University are functioning at current global standards; and

f. Conduct of outreach activities to allow the students, faculty, and research staff
to apply the new knowledge they generate to address specific social
development problems.

The CHED shall, through its regional office, regularly provide technical assistance to
the University and monitor its compliance with the requirements of the CHED.

The SCSC shall retain its status prior to the effectivity of this Act until it is able to
comply with the requirements provided herein

SEC. 21. Development Plan and Organizational Structure. - Within one hundred
twenty (120) days after the approval of this Act, the University shall accomplish the
following:

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

b. Submit the revised Land Use Development and Infrastructure Plan in

accordance with RA 11396, otherwise known as the “SUCs Land Use

Development and Infrastructure Plan (LUDIP) Act” and all other laws

amendatory thereto;

Undergo a management audit in cooperation with the CHED; and

d. Set up its organizational, administrative as well as academic structure,
including the designation of the key officials and other administrative
personnel of the University

°

SEC. 22. Filing of Report. — On or before the fifteenth (15") day of the second (2)
month after the opening of regular classes each year, the Board shall file a detailed report on
‘its compliance with the requirements for a university status with the Office of the President of
the Philippines and both Houses of Congress, through the Chairperson of the CHED.

SEC. 23. Appropriations. ~ The amount necessary to carry out the initial
implementation of this Act shall be charged against the current year’s appropriation of the
SCSC. Thereafter, such sums as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.

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SEC. 24. Suppletory Application. - The provisions of RA No. 8292, otherwise known
as the “Higher Education Modernization Act of 1997”, shall form part of this Act.

SEC. 25. Implementing Rules and Regulations. Within sixty (60) days of the
approval of this Act, the Board shall, in consultation with the CHED, issue rules and
regulations to implement its provisions.

SEC. 26. 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 are in full
force and effect.

SEC. 27. Repealing Clause. - All other laws, presidential decrees, executive orders,
and rules and regulations contrary to or inconsistent with the provisions of this Act are
amended, repealed, or modified accordingly.

SEC. 28. Effectivity, ~ This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation

Approved,

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