Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

4248

House Bill No.

Introduced by Representative Jose Enrique S. Garcia Il!

EXPLANATORY NOTE

The Constitution mandates that the State shall give priority to education science
and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and development. It also directs that
the State promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the development of a healthy and alert
citizenry.

Recognizing the vital role of the youth in nation-building, the proposed creation of
the Bataan High School for Sports not only seeks to establish a school that promotes
sports programs like any other secondary schools in the country. It seeks to elevate the
level of sports consciousness among the youth by providing a general secondary
curriculum combined with a special curriculum on sports.

Sports is said to help the youth become better contributors to society. Research
shows that sports helps improve social interaction. It increases self-discipline and focus,
and builds skills such as teamwork, leadership, and responsibility. It strengthens
perseverance and leads to better coping skills, critical thinking, and application skills to
meet challenges in life.

The Bataan High School for Sports will be a national high school that caters to the
needs not only of the province and the region but all deserving students from across the
country. It shall develop and hone the skills and competitiveness of able and athletically
inclined students to prepare them into world-class sports competitors with suitable
academic foundation. With the proximity and easy access of the New Clark City where
sports facilities both for training and international competitions are ongoing development,
establishing a High School for Sport in Balanga City is an ideal proposition.

Support for this bill is earnestly requested.

tt
REP. JOSE/ENRIQUE S. GARCIA III
Second District, Bataan


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Republic of the Philippines
House of Representatives
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No.___ 4248

Introduced by Representative Jose Enrique S. Garcia Ill

AN ACT
CREATING A HIGH SCHOOL FOR SPORTS IN THE CITY OF
BALANGA, PROVINCE OF BATAAN TO BE KNOWN AS THE BATAAN
HIGH SCHOOL FOR SPORTS AND APPROPRIATING FUNDS
THEREFOR

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

SECTION 1. Declaration of Policy — It is hereby the declared policy of the
State to promote the sustained development of young Filipinos whose skill in the
field of sports shall be encouraged and honed through education and specialized
training programs. Towards this end, the State shall establish, maintain, and
support a complete, adequate, and integrated system of education and training to
advance the athletic talents and skills among the youth and promote the growth
and development of young athletes nationwide.

SEC. 2. Establishment of the High School for Sports - There is hereby
created a high school for sports in the City of Balanga, Province of Bataan, to be
known as the “Bataan High School for Sports,” hereinafter referred to as the
“School”. The School shall be attached to and supervised by the Department of
Education (DepEd) in coordination with the Philippine Sports Commission (PSC).

SEC. 3. Mandate — The School is hereby mandated to implement a general
secondary curriculum combined with a special curriculum focused on sports. The
School shall promote the early recognition and development of the athletic skills of
students and prepare them for sports-related careers while equipping them with
suitable secondary education.

SEC. 4. Governing Council - The School shall have a Governing Council
composed of the following members:


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(a) The DepEd Undersecretary for Curriculum and Instruction as
Chairperson;

(b) The School Director as Vice Chairperson;

(c) A representative of the PSC to be designated by the PSC
Chairperson;

(d) | The Governor of the Province of Bataan;

(e) The Regional Director of DepEd Region III;

(f) The Schools Division Superintendent, City Schools Division of
Balanga;

(g)  Arepresentative elected by the members of the school faculty; and

(h) Four (4) representatives from the sports community to be appointed
by the DepEd Secretary upon the recommendation of the ex officio
members of the Council.

For purposes of this Act, the members identified in paragraphs (a) to (f)
above shall be considered as ex officio members.

The faculty representative, who shall serve for a term of two (2) years, shall
be chosen in accordance with the rules and qualifications set by the faculty
members of the School.

The four (4) representatives from the sports community, who shall serve for
a term of three (3) years from the date of appointment, shall be recommended by
the ex officio members of the Council from a list of at least seven (7) qualified
nominees from Region III duly vetted by a Search Committee constituted by the
Chairperson in consultation with the PSC based on the normal standards and
qualification for the position. The sports representatives may be reappointed.

SEC. 5. Powers and Functions of the Governing Council - The Governing
Council shall be the policy-making body of the School and shall exercise the
following powers and functions:

(@) Formulate policies, rules and regulations as may be necessary for
the administration and operation of the School;

(b) Approve the school budget for inclusion in the General
Appropriations Act and appropriate all sums received as may be
‘specified by law for the support of the School;

(c) Receive in trust all legacies, gifts, and donations of real and personal
property of all kinds, and administer the same for the benefit of the
School, subject to the limitations, directions and instructions of the
donor, if any;

(a) _ Fix the site of the School, acquire property on its behalf, and approve
the construction or repair of its buildings, equipment and other
facilities;


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(e) Approve the curricula, instructional programs and rules of discipline
of the School;

(f) Establish the criteria for the selection, admission and graduation of
students which shall include, among others, a national competitive
examination, and approve the issuance of certificates or diplomas to
‘successful candidates for graduation;

(g) | Adopt strategies for the increase of enrollment and preparation of
purposeful campaigns to enhance the competence of the School and
its students;

(h) Approve the grant of stipend and such other allowances for
deserving students;

(i) Prescribe the qualification standards for the hiring, promotion,
retention, or renewal of appointment, and the grounds for removal of
faculty members, lecturers and other officials and employees of the
School;

() Grant the members of the faculty and staff leaves of absences
subject to applicable rules and regulations, and provide fellowship
grants when available;

(k) Develop consortia and other economic linkages with local
government units (LGUs), institutions and agencies, both public and
private, local and foreign, to further the purposes and objectives of
the School;

() Adopt modern communications technology and other innovative
modes of transmitting knowledge;

(m) Approve the importation of duty-free books and/or publications, upon
certification by the DepEd 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 Customs Modernization and Tariff Act;

(n) Perform any and all other acts incident to or necessary for the proper
implementation of this Act.

SEC. 6. Meetings. - The Governing Council shall convene at least once
every quarter. However, the Chairperson of the Council may, with prior written
Notice of at least three days, call a maximum of two meetings in a quarter
whenever necessary.

A quorum of the Council shall consist of majority of all its members holding
office at the time of the meeting; Provided, That the Chairperson of the Council or
the School Director shall be among those present in the meeting.


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In the absence of the Chairperson, a duly authorized representative may
attend in his behalf with all the rights and responsibilities of a regular member:
Provided, however, That, during such meeting, the School Director, as Vice-
Chairperson, shall be the presiding officer.

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

SEC. 7. School Director — There shall be a School Director who shall serve
as the chief academic officer, head of the school faculty, and the chief executive
Officer of the School. His functions, powers and duties, in addition to those
specifically provided in this Act, shall be those usually pertaining to the directors of
similar specialized high schools in the Philippines, and those which are related or
necessary to his functions.

The School Director shall coordinate the implementation of policies and
guidelines with the Governing Council, and shall articulate to the Council all
concerns of the School. He shall render fulltime work. He shall have a term of five
(5) years, and shall be eligible for reappointment.

The School Director shall be appointed by the DepEd Secretary, subject to
the guidelines and qualifications set forth in the implementing rules and
regulations, and upon recommendation of a Search Committee.

The Search Committee shall be constituted by the Chairperson of the
Council in consultation with the PSC representative, and the Provincial Governor
of Bataan. It shall be formed immediately upon the approval of the implementing
tules and regulations as mandated in Section 21 of this Act, and shall be
reconvened or reconstituted not later than sixty (60) days before the expiration of
the term, or the occurrence of vacancy in the office of the School Director.

In case of vacancy in the office of the School Director by reason of death,
compulsory retirement, resignation, removal for cause or incapacity to perform the
functions of his office, the DepEd Secretary shall designate an officer-in-charge of
the School within one (1) month from the date of vacancy, pending the selection
and appointment of a new School Director.

The School Director appointed to fill in the vacancy mentioned in the
preceding paragraph shall have a fresh term of five (5) years and shall be eligible
for reappointment.

The compensation of the School Director shall be in accordance with the
Revised Compensation and Position Classification System, and shall be
comparable to the compensation being received by the heads or directors of


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similar specialized public high schools.

The School Director shall be assisted by a Deputy Director for Student and
Academic Affairs and a Deputy Director for Administration, who shall be appointed
by the DepEd Secretary from a list of nominees to be submitted by the Governing
Council. The salaries of the deputy directors shall likewise be in accordance with
the Revised Compensation and Position Classification System, and shall be
comparable to the compensation being received by officers of the same level of
similar specialized public high schools.

SEC. 8. Director for Student and Academic Affairs. - There shall be a
Deputy Director for Student and Academic Affairs who shall have the power to
formulate, review, and recommend the curricular offerings, academic policies, and
tules of discipline of the School for approval of the Governing Council upon the
recommendation of the School Director. He shall likewise have disciplinary power
over students of the School.

The Deputy Director for Student and Academic Affairs shall work in
consultation with the school department heads and other ranking faculty members
in developing the curricular offerings and rules of discipline.

SEC. 9. Director for Administration. - There shall be a Deputy Director for
Administration who shall assist the School Director and the Council on policies
governing the administration, financial management and development planning of
the School.

SEC. 10. Admissions Board - There shall be an Admissions Board
consisting of the School Director, the Deputy Directors for Student and Academic
Affairs and for Administration, the heads of each faculty departments, and such
other ranking faculty members or officials of the School as may be determined by
the School Director. The Board shall have the power to screen and select the
students to be admitted to the School, and to select students who shall be
recipients of stipends and other allowances pursuant to such guidelines
promulgated by the Governing Council.

The Admissions Board may also propose to the Council financial assistance
schemes and other affirmative programs to assist underprivileged students who
qualify for admission to the School.

No student shall be denied admission to the School by reason of sex,
religion, cultural or community affiliation, or ethnic origin.

SEC. 11. Position Structure and Staffing Pattern. - The position structure
and staffing pattern of the School shall be adopted by the Governing Council,
recommended by the DepEd, and approved by the Department of Budget and
Management. The positions created thereunder shall be filled with regular
appointments.

SEC. 12. Civil Service Coverage. - Except for visiting professors and other

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sports instructors engaged by the School without employer-employee relationship,
all personnel of the School shall be subject to civil service rules and regulations on
wage and position classifications.

SEC. 13. Faculty. — No political beliefs, gender preferences, cultural or
community affiliation, ethnic origin, and religious opinion or affiliation shall be a
matter of inquiry in the appointment of faculty members of the school: Provided,
That, said appointment shall be subject to the guidelines, qualifications and/or
standards set by the Governing Council: Provided, further, That no member of the
faculty shall teach for or against any particular church or religious sect.

SEC. 14. School Fund. — All government appropriations for and other
income generated by the School as well as all legacies, gifts, donations, grants,
endowments, contributions and other similar transfers of real and personal
properties of all kinds received by the School shall constitute the School Fund. The
School Fund shall be expended or used by, or with authority from, the Governing
Council, upon the recommendation of the School Director, to attain the purposes
of this Act.

If, for reasons beyond its control, the School shall not be able to pursue any
project for which the funds have been appropriated and allocated under its
approved program of expenditures, the Council, upon the recommendation of the
School Director, 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 School.

SEC. 15. Authority to Solicit, Receive Donations, Grants and the Like. —
Upon the authority of the Governing Council, the School Director may solicit,
negotiate with, and receive in trust from any public or private domestic or foreign
sources legacies, gifts, donations, grants, endowments, contributions or other
transfers of ownership and/or possession of real or personal properties of all kinds
in favor and for the benefit of the School; Provided, That, the Council shall, upon
recommendation of the School Director and in accordance with pertinent
accounting and auditing laws, rules and regulations, prescribe the measures
necessary for the proper use, maintenance and safekeeping of said donations,
grants, endowments, contributions or transfers and the compliance of the terms
and conditions thereon, if any.

SEC. 16. Tax Exemptions - All legacies, gifts and donations for the benefit
of the School, or for its support and maintenance, or for aid to any of its students
shall be exempt from donor's tax. The same shall be considered as allowable
deduction from the gross income in the computation of the income tax of the
donor, in accordance with the provisions of the National Internal Revenue Code
(NIRC), as amended: Provided, That such donations shall not be disposed of,
transferred or sold by the School for other purposes.

The School shall be exempt from taxes and duties on any equipment,
books, articles or goods it may import from abroad for its exclusive use, in
accordance with the provisions of the Customs Modernization and Tariff Act.


The School shall likewise be exempt from withholding taxes on honoraria or
fees paid by the high schoo! to visiting lecturers or professors from abroad.

Finally, all the revenues, grants, endowments, donations, contributions and
assets of the School actually, directly and exclusively used for educational
purposes shall be exempt from taxes and duties, subject to the conditions set forth
in Article XIV, Section 4 of the 1987 Philippine Constitution.

SEC. 17. Appropriation - The amount necessary for the initial
implementation of this Act shall be sourced from the current year's appropriation of
the DepEd. Thereafter, such sum as may be necessary for the continuous
implementation of this Act shall be included in the annual General Appropriations
Act.

The LGUs concerned may also provide assistance to the School.

SEC. 18. Development Plan, Organizational Structure — Within ninety (90)
days after the promulgation of the rules and regulations implementing this Act, the
School, through the Governing Council, shall organize and accomplish the
following:

(a) Submit a five (5)-year development plan, including its corresponding
Program budget to the DepEd, for recommendation and endorsement
to the DBM; and

(b) Set up its organizational, administrative as well as academic structure,
including the appointment of the school officials, subject to the
qualifications set forth in this Act.

SEC. 19. Filing of Report — On or before the fifteenth (15th) day of the
second month after the opening of the regular classes each year, the School
Director shall file with the Office of the President of the Philippines, through the
DepEd Secretary, and with both Houses of Congress, a detailed report on the
Progress, conditions and needs of the School.

SEC. 20. Suppletory Application — The provisions of Republic Act No. 9155,
otherwise known as the “Governance of Basic Education Act of 2001” shall be
made an integral part of this Act, and shall serve as part of the governing charter
of the School in suppletory character.

SEC. 21. Implementing Rules and Regulations. - The DepEd, in
coordination with the PSC shall, within ninety (90) days from the effectivity of this
Act, promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act.

SEC. 22. Separability Clause — |f, 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. 23. 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. 24. Effectivity — This Act shall take effect fifteen (15) days upon the
approval and publication thereof.

Approved.