Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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ie aed

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No.__7961
oon

INTRODUCED BY REP. GREG G. GASATAYA

EXPLANATORY NOTE

This bill seeks to create the Sum-ag State College (SSC) by converting the
Sum-ag National High School (SNHS) in Brgy. Sum-ag, Bacolod City, Province of
Negros Occidental. Consistent with the constitutional mandate of the State to protect
and promote the right of all citizens to quality education at all levels and take
appropriate steps to make such education accessible to all, this bill seeks to bring
educational opportunities to underprivileged but deserving students unable to pay
for the quality but expensive education and costs of living in private institutions in
the province, neighboring provinces, and our country’s capital city. With education
made more accessible by the recent enactment of Republic Act No. 10931 otherwise
known as the Universal Access to Quality Tertiary Education Act, the State must
also proactively address other remaining issues such as the sudden influx of students
and geographic constraints by creating more higher education institutions and
bringing schools closer to the public.

The SNHS is the third biggest Public Secondary School with an approximate
student population of 4,000 in the City of Bacolod, Province of Negros Occidental
offering Grades 7-12 and other special science classes. With a land area of about
five hectares, the school has complete equipment, laboratories, and facilities for its
special science courses and to accommodate more students and academic programs.
The conversion of the SNHS into a higher education institution will benefit
thousands of students not only in Bacolod City, but also in the neighboring cities
and municipalities such as Silay, Talisay, Kabankalan, Binalbagan, Pontevedra,
Murcia, et al due to its strategic location.



Furthermore, through the conversion of the school into a state college that
offers courses on science and technology focusing on Agriculture and Technical-
Vocational Education as well as both Masteral and Doctoral Degrees without
compromising quality secondary education, Senior High School alumni of the
school will be able to readily enroll at the college and thus avail of the ladderized
program of education that will enable them to pursue a college degree earning
appropriate, equivalent credits for previous learning acquired in their Technical-
Vocational courses.

Such ventures in education affecting the skills and readiness of workers are
investments in the human capital which shapes the economy of a community. As
such, the State must recognize that the establishment of educational institutions is
imperative.

In view of the foregoing, passage of this bill is earnestly sought.

REP. GREG G. GASATAYA
Lone District of Bacolod


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No._7961
INTRODUCED BY REP. GREG G. GASATAYA

AN ACT
CONVERTING THE SUM-AG NATIONAL HIGH SCHOOL (SNHS)
IN THE CITY OF BACOLOD, PROVINCE OF NEGROS
OCCIDENTAL, INTO A STATE COLLEGE TO BE KNOWN AS
THE SUM-AG STATE COLLEGE (SSC) AND APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Conversion. The Sum-ag National High School
(SNHS) in Barangay Sum-ag, Bacolod City, Province of Negros Occidental,
is hereby converted into a state college to be known as the Sum-ag State
College (SSC), hereinafter referred to as the College. Its main campus shall
be in Bacolod City.

SEC. 2. General Mandate. The College shall primarily provide
advance studies and research, higher professional and technical instructions
for special purposes, short-term technical-vocational, and other continuing
courses as may be relevant. It shall also undertake extension and
development programs, and provide the necessary instructional and research
leadership in agriculture in the City of Bacolod and in the Province of
Negros Occidental.

SEC. 3. Curricular Offerings. The College shall offer,
undergraduate, graduate and short-term technical-vocational courses, and
other degree and non-degree courses within its areas of specialization,
according to its capacity, and as the Board of Trustees may deem necessary

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to carry out its objectives and to meet the needs of the City of Bacolod and
the Province of Negros Occidental.

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

The existing high school shall continue to be under the jurisdiction and
supervision of the Department of Education: Provided, That the College may
operate a reasonably-sized laboratory high school if it has a College of
Education.

SEC. 4. Administration. The College shall have the general powers of
a corporation set forth in the corporation law. The administration of the
College and the exercise of its corporate powers shall be vested exclusively
in the Board of Trustees, and in the president of the College, insofar as
authorized by the Board.

SEC. 5. The Governing Board.- The governing body 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 of Education, Arts
and Culture of the Senate, member;

d. The Chairperson of the Committee of Education, Arts
and Culture of the House of Representatives, member;

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

iE The Regional Director of the TESDA, member;

The Regional Director of Department of Science and
Technology (DOST), member;

h. The Regional Director of Department of Agriculture
(DA), member;

5 The president of the faculty association of the College,
member;

Ae The president of the student council of the College,
member;


k. The president of the alumni association of the College,
member;

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

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

The term of office of the President of the faculty association, the
President of the student council and the President of the alumni association
shall be coterminous with their respective terms of office as set forth in their
respective constitution and by-laws.

The two (2) prominent citizens shall serve a term of two (2) years
from the date of appointment.

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” and the TESDA
under Republic Act No. 7796, otherwise known as the “TESDA Act of
1994”,

SEC. 7. Powers and Duties of the Board of Trustees. \n addition to
its general powers of administration and the exercise of all powers granted to
the board of directors of a corporation under existing laws, the Board shall
have the following specific powers and duties:

a. To promulgate rules and regulations not contrary to laws as
may be necessary to carry out the purpose 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 to carry out the purpose and functions of the
College;


To import duty-free economic, technical and cultural books
and/or publications upon verifications by the CHED that such
imported books and/or publications are for economic,
technical, vocational, scientific, philosophical, historical or
cultural purposes in accordance with the provisions of the
Tariff and Customs Code, as amended;

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

Such donations shall be exempt from the donor’s tax and the
same shall be considered as allowable deductions 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 (NIRC), as amended: Provided, That
such donation shall not be disposed of, transferred or sold;
and

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
consultation with the involved sectors. Such fees and charges,
including government subsidies and other income generated
by the College, shall constitute the 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 regulation 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 which they were collected: Provided,
however, That 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
the 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;

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

To authorize the construction or repair of its buildings,
machinery, equipment and other facilities, and the purchase
and acquisition of real and personal properties including the
necessary supplies, materials and equipment;

To appoint, upon the recommendation of the President of
the College, the vice presidents, deans, directors and heads of
departments, faculty members, and other officials and
employees of the College;

To fix and adjust the salaries of faculty members and
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; 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;

To approve the curricula, instructional programs, and rules
of discipline drawn by the administrative and academic
councils herein provided;

To set the policies on admission and graduation of students;

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 non-degree and non-traditional courses;

To establish and absorb non-chartered tertiary institutions
within the Province of Negros Occidental 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


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

To establish research and extension centers of the College
where such will promote the development of the latter;

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

To delegate any of its powers and duties provided herein 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;

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

To collaborate with other governing boards of other state
universities and colleges (SUCs) within the Province of
Negros Occidental and Region VI, under the supervision of
the CHED an in consultation with the DBM, and work for the
restructuring of the College to become more efficient,
relevant, productive and competitive;

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

To develop consortia and other linkages with local
government units (LGUs), institutions and agencies both
public and private, local and foreign, in the furtherance of the
purpose and objectives of the College;

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

To set up the adoption of modern and innovative modes of
transmitting knowledge such as the use of information
technology, the dual training system, open distance learning,
and community laboratory, for the promotion of greater
access to education;


w. To establish policy guidelines and procedures to promote
participative decision-making and transparency within the
College;

25 To privatize, where most advantageous to the College, the
management of non-academic services such as health
services, food services, building or grounds or property
maintenance, and such other similar activities; and

y. To extend the term of the president of the College beyond
the age of retirement, whose performance has been
unanimously rated by the governing board as outstanding,
after unanimous recommendation by the search committee,
but not beyond the age of seventy (70).

SEC. 8. Meetings of the Board. The Board shall convene regularly at
least once every quarter. However, the Chairperson of the Board may, upon
three (3) days prior written notice, call a special meeting whenever
necessary.

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 College is among those
present in the meeting.

In the absence of the Chairperson of the CHED, a Commissioner of the
CHED, duly designated by the CHED chairperson as representative in the
meeting, shall have all the rights and responsibilities of a regular member;
Provided, however, That during this 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 shall act as the Presiding Officer.

In case the Chairpersons of the Congressional Committees on
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 the 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 shall be
appointed by the Board, subject to the guidelines, qualifications and/or
standards set by the Board, upon recommendation of a duly constituted
search committee.

The College President shall have a term of four (4) years and shall be
eligible for reappointment to another term: Provided, That this proviso
notwithstanding, and in order to effect a smooth transition to a state college,
the incumbent administrator of the SNHS, if qualified, shall serve as the first
president of the College. The remaining term of the incumbent administrator
of the SNHS shall be considered as the first term as College President

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 (OIC) of the College pending the
appointment of a new President. Within six (6) months from the date of
vacancy, the Board shall constitute a Search Committee for the Presidency.

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 colleges, and those delegated by the
Board.

The salary of the President of the College shall be in accordance with
the Revised Compensation and Position Classification System and shall be
comparable to that being by the presidents of similar educational institutions.

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


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

SEC. 11. Academic Council. There shall be an Academic Council
composed of the President of the College, who shall act as Chairperson, and
all members of the academic staff with the rank of not lower than 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 appropriate action by 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 also have disciplinary powers over students
of the College and shall formulate academic policies and rules and
regulations on discipline, subject to the approval of the Board.

SEC. 12. The Secretary of the College. ‘The Board shall appoint a
Secretary, who shall serve as such for both the Board and College, and who
shall keep all records and proceedings of the Board in addition to other
duties and responsibilities. The Secretary shall serve upon each member of
the Board the appropriate notice of 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. Faculty. No political belief, gender preference, cultural or
community affiliation or ethnic origin, and religious opinion or affiliation
shall be the matter of inquiry in the appointment of faculty members of the
College: Provided, however, That said appointment shall be subject to the
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. Scholarships 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.

9


No student shall be denied admission to the College by reason of
sex, nationality, 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. Filing of Annual Report. On or before the fifteenth (15")
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 President of the
Philippines, through the Chairperson of the CHED, and with both Houses of
Congress, a detailed report on the progress, conditions and needs of the
College.

SEC. 18. Authority to Lend or Transfer
Apparatus/Equipment/Supplies and Detail of Personnel. The heads of the
bureaus and offices of the national government are hereby authorized to
lend, 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
bureau or office, such apparatus, equipment, supplies or services of such
employees can be spared without serious determent to the 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. 19. Assets, Liabilities and Personnel. A\l assets, real and
personal, personnel and records of the SNHS in Brgy. Sum-ag, Bacolod
City, Province of Negros Occidental, as well as its liabilities or obligations,
are hereby transferred to the College: Provided: That the positions, rights
and security of tenure of the academic staff and personnel therein employed
under the existing laws prior to the conversion of the SNHS into the College
shall be respected: 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
SNHS are hereby declared the property of the College and shall be titled
under that name: Provided, That should the College cease to exist, or be
abolished, or such aforementioned parcels of land be no longer needed by

10


the College, the title to said parcels of land shall be transferred to the LGU
of Bacolod City, Province of Negros Occidental.

SEC. 20. 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;

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

d. Set in motion the establishment of at least four (4) separate
degree-granting units, one of which is in the arts and sciences, and another
unit for non-degree technical-vocational education and training.

SEC. 21. 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 it shall constitute for the purpose, that the institution has complied
with the requirements for a college status based on CHED Memorandum
Order No. 46, series of 2012 (Policy Standards to Enhance Quality
Assurance (QA) in Philippine Higher Education Through an Outcomes-
Based and Typology-Based QA): Provided, That the panel may issue such a
recommendation when the institution has substantially complied with the
requirements for the grant of status as state college.

The institution shall retain its status prior to the effectivity of this Act
until such time that it is able to comply with the requirements provided
herein.

SEC. 22. Tax Exemptions. The importation of economic, technical
and cultural books and publication, 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 Republic Act No. 10863,
otherwise known as the “Customs Modernization and Tariff Act (CMTA)”.

i


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 deduction 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. 23. Suppletory Application. The provisions of Republic Act
No. 8292, otherwise known as the “Higher Education Modernization Act of
1197,” shall be an integral part of this Act and shall serve of the governing
charter of the College.

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

SEC. 25. Appropriations. The amount necessary to carry out the
provisions of this Act shall be charged against the current year’s
appropriations for the SNHS. Thereafter, such sums as may be necessary for
the operation and maintenance of the College shall be included in the annual
General Appropriations Act.

SEC. 26. Implementing Rules and Regulations. Within sixty (60)
days upon the effectivity of this Act, the Board, in consultation with the
CHED, shall formulate the guidelines to fully implement 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 shall remain in full force and effect.

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 shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general
circulation.


Caeudasanrune

Approved,

P. GREG G. GASATAYA

Lone District of Bacolod