SEVENTEENTH CONGRESS OF THE)

REPUBLIC OF THE PHILIPPINES )

Second Regular Session )

a C,IN A T n '17 SEP 13 P 5 ;19

S.B. No. 1 587

RKt'V.L'
---------------------------------------------------------------------------------------- /
7^
Introduced by Senator JOSEPH VICTOR G. EJERCITO

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

EXPLANATORY NOTE

As the Province of South Cotabato is gearing tow ards the developm ent
and idustrialization, particularly in die aspect education, tertiary level schools
m ust he at pare and these may be attained thru the conversion of the SuraUah
National Agricultural School into a state college.

The Surallah National Agricultural School is the lone tertiary

governm ent institution that focuses on agricultre education in the Province of
South Cotabato. It w as established in 1976 and since then provides the people
the tenacity to achieve competency and proficiency in fulfilling its m andate.

As it aspires to further improve the delivery of quality education to the

people, the conversion mto a state college will w iden the opportum ty to
achieve its goal. The im provem ent of the facilities and services will gready
benefit the pieople especially the youth of South Cotabato and nearby
provinces.

This proposed bill seeks to convert the SuraUah National Agricultural

School in the Province of South Cotabato into a state coUege to be know n as
South Cotabato State College (SCSC), and for such purpose, appropriating
funds therefor.

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

JOSEPH VICTOR G. EJERCITO

 I;"-* :.
SEVENTEENTH CONGRESS OF THE) V - I - 1' rr; r[ I n - '
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )
17 SEP 1 3 P 5 -19
IN A 1 C,

S.B. No. 1587 RECBi-VDL.

Introduced by Senator JOSEPH VICTOR G. EJERCITO

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

Be it enacted by the Senate and House o f Representatives of the Philippines in

Congress assembled:

1 SECTION 1. E stablishm ent - There is hereby established a state college in

2 tlie M unicipality of Surallah, Province of South Cotabato to be know n as the
3 South Cotabato State College (SCSC), hereinafter referred to as the College,
4 and integrating therewidr the Surallah National Agricultural School (SUNAS),
5 located in tlie M unicipality of Surallah, Province of South Cotabato. Its m ain
6 cam pus shall be located in the M unicipality of Surallah.

7 SEC. 2. General M andate. - The College shall prim arily provide both
8 advanced instruction and research in agriculture and allied technological
9 sciences includiirg education, arts and related sciences. It shall also undertake
10 extension and developm ent programs, and provide the necessary
11 instructional and research leadership in agricultural, environm ental and
12 teclmological developm ent in Region XII (SOCCSKSARGEN).

13 SEC. 3. Curricular Offerings. - The College shall offer undergraduate and

14 graduate courses I the fields of agriculture, environm ental management,
15 engineering, education, arts and sciences, and other degree courses w ithin its
1 areas of specialization and according to its capabilities, as the Board of
2 Trustees m ay deem necessary to carry out its objective and in order to m eet
3 the needs of the Province of South Cotabato and the SOCCSKSARGEN.

4 The existing and any other future teclmical-vocational courses or

5 program s under the supervision of the Teclxnical Education and Skills
6 Developm ent Autliority (TESDA) shall rem ain and continue to be offered
7 w ithin tlie cam pus of the College.

8 SEC. 4. A dm inistration. - The College sliall have the general powers of a

9 corporation set forth in Batas Pam bansa Big. 68, as am ended, otherwise
10 know n as "The Corporation Code of the Philippines". The adm inistration of
11 the College and the exercise of its corporate powers shall be vested exclusively
12 in the Board of Trustees and the President of the College.

13 SEC. 5. The Governing Board. - The governing board of the College shall be
14 the Board of Trustees, hereiiiafter referred to as the Board, which shall be
15 composed of the following:
16
17 Tire Chairperson of the Com mission on H igher Education (CHED),
18 Chairperson;
19 The Fresiuenr of the College, Vice Chairperson;
20 The Chairperson of the Committee on Education, Arts and C ulture of the
21 Senate, member;
22 The C hairperson of tire Committee on Higher and Technical Education of the
23
24 The Regional Director of the National Economic and Developm ent A uthority
25 (NEDA), member;
26 The Regional Director of the D epartm ent of Agriculture (DA), member;
27 Tire Regional Director of the TESDA, member;
28 The President of the federation of faculty associations of the College, member;
29 The President of the federation of student councils of the College, member;
30 The President of the federation of alum ni associations of the College, member;
31 and
32 Two (2) prom inent citizens from the private sector who have distinguished
33 themselves in their profession or field of specialization of the College,
34 members.
35
1 The Board shall appoint two (2) prom inent citizens from am ong a list of at
2 least five (5) qualified persons in the Province of South Cotabato, as
3 recom m ended by the search committee to be constituted by the College
4 President, in consultation witli Chairperson of the CHED and other members
5 of the Board, based on the norm al standards and qualifications for the
6 position.
7
8 The two (2) prom inent citizens shall serve for a term of two (2) years from the
9 date of appoiirtment.
10
11 SEC. 6. Prom ulgation and Im plem entation of Policies. - The Board shall
12 prom ulgate and im plem ent policies in accordance w ith the declared State
13 policies on education and other pertinent provisions or the Philippine
14 Constitution on education, agriculture, science and technology, as well as the
15 policies, standards and trusts of the CHED under Republic Act No. 7722,
16 otherwise know n as tire "H igher Education Act of 1994".
17
18 SEC. 7. Powers and Duties of the Board of Trustees. - The Board shall have the
19 followmg specific powers and duties in addition to its general powers of
20 adm inistration and tire exercise of all the powers granted to the Board of
21 Directors of a corporation under existing laws:
22
23 a) To prom ulgate rules and regulations as m ay be necessary to carry out
24 the purposes and functions of the College;
25 b) To receive and appropriate all sum s as m ay be provided for the support
26 of the College in the mamrer it m ay determ ine in its discretion, in order
27 to carry out purposes and functions of the College;
28 c) To im port economic, teclmical and cultural books and publication;
29 d) To receive in trust, legacies, gifts and donations of real and personal
50 properties of aii kinds and to adm inister and dispose of tiie same wiien
31 necessary for the benefit of the College, and subject to the limitations,
32 directions and instructions of the donor, if any;
33 e) To fix the tuition fees and other necessary school charges such as
34 m -3f r 1/^111 a r a / ^ 11 a fi*/'' fo o c o 13 t ' O V t O 3S tllG

35 m ay deem proper to impose, after due consultations w ith the involved

36 sectors. Such fees and charges, including governm ent subsidies and
37 other income generated by the College, shall constitute special trust
38 funds and shall be deposited in any authorized governm ent depository
 1 bank, and ail interests that shall accrue therefrom shall form part of the
2 same funds for the use of the College. Any provision of existing laws,
3 rules and regulations to the contrary notwitlistanding, any income
4 generated by the College from tuition fees and other charges, as well as
5 from the operation of auxiliary services and land grants, shall be
6 retained by the College, and m ay be disbursed by the Board for
7 instruction, research, extension or other program s/projects of the
8 College: Provided, Tlrat all fiduciary fees shall be disbursed for the
9 specific purposes for which these are collected. If, for reasons beyond its
10 control, tire funds have been appropriated and allocated under its
11 approved program of expenditures, tire Board may authorize the use of
12 said funds for any reasonable purpose which, in its discretion, m ay be
15 necessary and urgent for the attaLninenl of the objectives and goals of
14 the College;
15 f) To adopt and im plem ent a socialized scheme of tuition and school fees
16 for greater access to poor b u t deserving students;
17 To 3vtlioriZw tii3 construction, or rcj?3ir of its buildin^S/ m3Ctiinor^f/
18 equipm ent and other facilities, and the purchase and acquisition of real
19 property, including necessar}^ supplies, materials and equipment;
20 h) To appoint, upon the recom m endation of the President of tire College,
21 vice presidents, deans, directors, heads of cam puses, faculty members,
22 and other officials and employees of the College;
23 i) To fix and adjust tire salaries of faculty members and adm inistrative
24 officials and employees, subject to the provisioirs of the Revised
25 Com pensation and Position Classification System and otlrer pertinent
26 budget and com pensation laws governing hours of service, and such
27 other duties and conditioirs as it m ay deem proper; to grant them, at its
28 discretion, leaves of absence under such regulations as it m ay
29 prom ulgate, any provision of existing law to tire contrary
50 noiwiiiisianding; and to remove them for cause in accordance witir tire
31 requirem ents of the process of law;
32 j) To approve the curricula, instructional program s and rules of discipline
33 draw n by the Admiiristrative and Academic Councils herein provided;
34 k) set poIiciec oil ac^Ti^icci*Gii 11^ ^ f ctxiii^'uts
35 1) To aw ard honorary degrees upon persons in recognition of their
36 outstanding contribution in the fields of education, public service, arts,
37 science and technology, agriculture or in any field of specialization
38 within the academic competence of the College, and to autlrorize the
1 aw arding of certificates of com pletion of nondegree and nontraditional
2 courses;
3 m ) To establish and absorb nonchartered tertiary institutions w ithin the
4 Province of South Cotabato as branches and centers in coordiiiation
5 w ith die CHED and, in consultation widi die D epartm ent of Budget and
6 M anagem ent (DBM), and to offer therein program s or courses to
7 prom ote and carry out equal access to educational opportunities, as
8 m andated by the Constitution;
9 n) To establish research and extension centers to promote die developm ent
10 of the College;
11 o) To establish professorial chairs in the College and to provide
12 fellowships for qualified faculty members, and scholarships to
13 deserving siudenis;
14 p) To delegate any of its powers and duties provided for hereinabove to
15 the President or other officials of the College, as it m ay deem
16 appropriate, so as to expedite the adm inistration of the affairs of the
1? ---------

18 q) To authorize an external m anagem ent audit of the College, to be

19 financed by CHED, subject to the rules and regulations of the
20 Commission on A udit (COA), and to institute reforms, including
21 academic and structural changes, on the basis of the audit results and
22 recommendations;
23 r) To collaborate with other governing boards of state universities and
24 colleges (SUCs) within the Province of South Cotabato or Region XII
25 (SOCCSKSARGEN), under tlie supervision of the CHED and in
26 consultation witli tlie DBM, and work tow ards tlie restructuring of the
27 College to become more efficient, relevant, productive and competitive;
28 s) To enter into joint ventures w ith business and industry for the
29 profitable developm ent and m anagem ent of the economic assets of the
50 College, ihe proceeds from which siiau be used for die deveiopm eni
31 and strengthening of the College;
32 t) To develop consortia and other economic forms of linkages w ith local
33 governm ent units, institutions and agencies, both public and private,
34 1 -11 fi^ r o i*/ t n i f t - i o i f v ^ iirr^ ^ c o c ^ >

35 the College;
36 u) To develop academic arrangem ents for institutional capability building
37 w ith appropriate institutions and agencies, public and private, local and
38 foreign, and to appoint experts/specialists as consultants, part-time or
 1 visiting or exchange professors, scholars or researchers, as the case m ay
2 be;
3 v) To set up the atloption of m odern and innovative m odes of transm itting
4 knowledge such as tire use of information technology, the dual training
5 system, open distance learning and commmrity laboratory for the
6 prom otion of greater access to education;
7 w) To establish policy guidelines and procedures for participative decision
8 m aking and transparency within the College;
9 x) To privatize, where m ost advantageous to the College, m anagem ent of
10 nonacadem ic services such as healtlr, food, building or grounds or
11 property m aintenance and such other sim ilar activities; and
12 y) To extend the term of the President of the College beyond the age of
13 reiireineni, but not beyond the age of seventy (70), whose performance
14 has been unanim ously rated by the Board as outstanding based on the
15 guidelines, qualifications and standards set by tlie Board, after
16 unanim ous recom m endation by the search committee.
17
18 SEC. 8. Meetings of the Board. - Tlie Board shall regularly convene at least
19 once every quarter. However, the Chairperson of the Board may, upon tliree
20 (3) days' prior written notice, call a m axim um of two (2) special meetings
21 w henever necessary. A quorum of the Broad shall consist of majority of all its
22 m em bers holding office at the time of the meeting: Provided, That the
23 Chairperson of the Board or the President of the College m ust be present in
24 tlie meeting.
25
26 The C hairperson of the CHED may designate a Com missioner of the CHED as
27 the C hairperson's representative in tlie meeting, witli all the rights and
28 responsibilities of a regular member; Provided, however, Tliat during the
29 meeting, the President of the College, as Vice Chairperson, shall be tlie
30 presiding officer: Provided, furuier, H iai iiiis proviso nolwidisiaiiding, die
31 C hairperson of the CHED is hereby authorized to designate a CHED
32 Com missioner as the regular Chairperson of the Board, which case said
33 CHED Com missioner shall act as tlie presiding officer.
34
35 In case the Chairpersons of tlie House and Senate Committees on Education
36 shall not be able to attend the Board meeting, they m ay duly designate their
37 respective representatives to attend the said meeting, w ho shall have the same
38 rights and responsibilities as regular m em ber of the Board.
 1
2 The m em bers of the Board shall not receive any salary, but shall be entitled to
3 reim bursem ents for actual and necessary expenses incurred, either in their
4 attendance to meetings of the Board or in coimection w ith other official
5 business authorized by resolution of the Board, subject to existing laws and
6 regulations.
7
8 SEC. 9. The College President. - The College shall be headed by a President,
9 who render full-time service. The President shall be appointed by the Board,
10 subject to the guidelines, qualifications and standards set by the Board, upon
11 recom m endation of a duly constituted search committee.
12
i4
LO Tiie PiesideTu shall serve fox a lei in of i Out (4) years and shall he
14 eligible for reappointm ent for another term: Provided, That in order to effect a
15 sm ooth transition to a state college, tlie incum bent Vocational School
16 A dm inistrator of the SUN AS, if qualified, shall ipso facto become the first
17 President of the College.
18
19 W ithin six (6) m ontlis before the expiration of the term of office of the
20 incum bent President of the College, the Board shall constitute the Search
21 Committee for tire Presidency (SCP).
22
23 In case of vacancy in the Office of the President by reason of death,
24 compulsory retirement, resignation, removal for cause or incapacity of the
25 President to perform the functions of the office, the Board shall have the
26 authority to designate an Officer-m-Cnarge of me College pending the
27 appointm ent of a new President.
28
29 In case of vacancy in the Office of tire President as m entioned in the
30 t r v i -:i foix r in rr nara rrrci SVICC^SSOT OT

31 shall serve oirly for the unexpired portion of tire term.

32 The powers and duties of the President of the College, in addition to those
33 specifically provided in tlris Act, shall be those usually pertaining to the Office
34 of the President of similar universities and colleges, and those delegated by
35 the Board.
36
37 The salary of the President of the College shall in accordance w ith the
38 Revised Com pensation and Position Classification System, as modified by
1 Joint Resolution No. 4 dated June 17, 2009 and other pertinent budget and
2 com pensahon laws, and shall be comparable to that being received by the
3 Presidents of sim ilar educational institutions.
4
5 The President of the College sliall be assisted by the Vice President for
6 Academic Affairs and a Vice President for Adm inistration, w ho shall be
7 appointed by tlie Board upon recom m endation of the President.
8
9 SEC. 10. Tire Adm inistrative Council. - Tlrere shall be an Adm inistrative
10 Council consistiirg of tire President of the College, as Chairperson, vice
11 presidents, deairs, directors and other officials of equal rank, as members,
12 whose duty is to review and recom mend to the Board the policies governing
13 tire aumiirisiration, m anagem ent and developm ent piamriirg of the College.
14
15 SEC. 11. The Academic Council. - Tlrere shall be an Academic Council to be
16 composed of tire President of tire College, w ho shall act as Clrairperson, and
17 al! scsd^m ic st^ff v/itli tiiw rsnJk of st lo2 .st 3ssist3iit profsssor, ss
18 members.
19
20 The Academic Council shall have the power to review and recommend
21 the curricular offerings and rules of disdpliire of the College, subject to the
22 approval of the Board. It shall fix the requirem ents for the adm ission of
23 students as well as for their graduation and conferm ent of degrees, subject to
24 review and approval by the Board through the President of the College. It
25 shall have the discipliirary pow er over students of the College and shall
26 form ulate academic policies and rules and regulations on discipline, subject to
27 tlie approval of the Board.
28
29 SEC. 12. Tlie Secretary of the College. - The Board shall appoint a Secretary,
50 who shall as such for both the Board and die College and shall keep all
31 records and proceedings of tlie Board. Tire Secretary shall serve upon each
32 m em ber of the Board the appropriate notice of the Board meetings.
33
34 T T 1 .0 T r j ^ o c i i r o r y ^ lI .0 /T 0 T T io T r o a c u r o r S flS ll

35 be the ex officio Treasurer of the College.

36
37 SEC. 14. The Faculty. - No political belief, gender preference, cultural or
38 comm unity affiliation or ethnic origin, and religious opinion or affiliation
1 shall be a m atter of inquiry in the appointm ent of faculty m em bers of the
2 College: Provided, That said appointm ent shall be subject to the guidelines,
3 qualifications and standards set by the Board: Provided, further. That no
4 member of tlie faculty shall teach for or against any particular church or
5 religious sect.
6
7 SEC. 15. Scholarship Program /A dm ission. - The College shall provide a
8 scholarship program and other affirmative action program s to assist poor but
9 deserving students who quality for admission to the College. No student shall
10 be denied adm ission to the College by reason of sex, religion, cultural or
11 com m unity affiliation or etlmic origin.
12
13 SEC. 16. Academic Freedom and Institutional Autonomy. - Tile College shall
14 enjoy academic freedom and institutional autonom y, pursuant to paragraph 2,
15 Section 5 Article XIV of tlie Constitution of the Republic of the Philippines.
16
17 SEC 1.^ AutlrGritj7 to E0 2 0 or Trs.osfsr A.j?j?2.r3tos/E'(^uij?!nontySvipj?lios
18 Detail of Persormel. - The heads of the bureaus and offices of the national
19 governm ent are hereby authorized to loan or transfer, upon the request of the
20 President of the College, such apparatus, equipm ent or supplies as may be
21 needed by the College, and to detail employees for duty tlierein when, in the
22 judgem ent of the head of the bureau or office, such apparatus, equipm ent,
23 supplies or services. The employees so detailed shall perform such duties as
24 required of them by the President of the College, and the time so employed
25 shall be counted as part of their regular services.
26
27 SEC. 18. Assets, Liabilities and Personnel. - All assets, real and personal,
28 personnel and records of the SUN AS, as well as its liabilities or obligations,
29 are hereby transferred to the College: Provided, Tliat Uie positions, rights and
50 security of tenure of facuiiy members and persoiuiel therein employed under
31 existing laws prior to tire integration of the SUN AS into the College shall be
32 respected: Provided, further. That the incum bents of the positions shall
33 rem ain in the same status until otherwise provided for by the Board:
34 * * V., . f
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35 its hum an resource component. All parcels of land belonging to the

36 governm ent occupied by tlie SUNAS are hereby declared to be property of the
37 College and shall be titled under that name: Provided, That should the
38 College cease to exist or be abolished, or should such parcels of land
 1 aforem entioned be no longer needed by the College, the same shall revert to
2 the national governm ent or to the concerned local governm ent unit.
3
4 SEC. 19. Appropriations. - Tlie am ount necessary to carry out the provisions
5 of this Act shall be included in tire aim ual General Appropriatioirs Act.
6
7 SEC. 20. Tax Exemption. - The im portation of economic, technical and cultural
8 books or publications, which are for economic, teclmical, vocational, scientific,
9 philosophical, historical or cultural purposes m ade by the College, upon
10 certification by tire CHED, shall be exempt from customs duties in accordance
11 w ith the provisions of the Tariff and Custom s Code of the Phihppines, as
12 am ended.
15
14 All grants, bequests, endowm ents, donations and contributions
15 m ade to tire College to be used actually, directly and exclusively by the
16 College shall be exempt from donor's tax and the sam e shall be considered as
17 allowable deductions from the gross income of the donor for purposes of
18 com puting the taxable income of the donor in accordance w ith tire provisions
19 of the National Internal Revenue Code of 1997, as amended.
20
21 SEC. 21. Developm ent Plan, M anagem ent
22 A udit/O rganizational/A dm inistrative /A cadem ic Structure. - W ithin the
23 period of one hundred tw enty (120) days after tire approval of tlris Act, the
24 College shall accomplish the followiirg:
25
26 1. Subm it a five (5)-year ueveiopmeirr plan, iircludiirg its corresponding
27 program budget to the CHED, for corresponding recom mendation to
28 the DBM;
29 2. U ndergo a m anagem ent audit in cooperation w ith the CHED; and
30 A /^ /^ /^ f/^ ir rrlx r c x ii- 11 rx ifc r\rrr rv ra ac qc

31 academic structure, including the appointm ent of the College key

32 officials.
33
34 SEC. 22. Annual Report. - On or before the fifteenth (15th) day of the second
35 montlr after the opeiriirg of the regular classes each year, tire Board shall file
36 witlr the Office of the President of the Philippines, tlrrough the Chairperson of
37 the CHED and w ith both Houses of Congress, a detailed report on the
38 progress, condition and needs of the College.

10
 1
2 SEC. 23. Suppletory Application. - The provisions of Republic Act No. 8292,
3 otherwise known as the "H igher Education M odernization Act of 1997", shall
4 be an integral part of this Act and shall serve as part of tlie Governing Charter
5 of the College.
6
7 SEC. 24. Parity Clause. - All other powers, functions and privileges,
8 responsibilities and limitations to SUCs and their officials under existing laws
9 shall be deem ed granted to or imposed upon the College and its officials,
10 w henever appropriate.
11
12 SEC. 25. Compliance w ith CHED Requirements. - The provisions of this Act
I ___ j
lO ___ __ ^ ^ 4 ^ ^ ____ 4 <4
i i u i w i i u M c t i i u i i i ^ , u i e trsL ciu ib ^ iiiiieiii u i L U i i v t i S i O i i Oi lu tr u iS u L u i iO ii i i i i u a S i d i e

14 college shall become effective only upon tire determ ination and declaration by
15 the CHED, based on tire recommeirdation of a panel of experts, tlrat the
16 institution has complied w ith tire requirem ents for a college status. The
17 CHED, through its regional office, shall regularly provide technical assistance
18 to the institution and m onitor compliance w ith the requirem ents of the
19 Commission.
20
21 The institution shall retain its status prior to the effectivity of this Act, unless
22 in the meantim e it is able to comply w ith tire requirem ents provided herein,
23 w ithin a period not beyond January 1, 2019.
24
25 SEC. 26. Im plementing Rules and Regulations. - The Board, in consultation
26 wiiii tire CHED, shaii foriiiuiaie iite guideiiires to fuiiy im plem ent the
27 provisions of this Act.
28
29 SEC. 27. Separability Clause. - If, for any reason, any part or provision of this
30 Act is declared iiivalid or iniconstitvtional tiie remaining parts or provisions
31 not affected thereby shall rem ain in full force and effect.
32
33 SEC. 28. Repealing Clause. - All laws, presidential degrees, executive orders,
34 rules and regulatioirs contrary to or iircoirsistent w ith the provisions of this
35 Act are hereby repealed or m odified accordiiigly.
36
37 SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its
38 publication iii the Official Gazette or in a new spaper of general circulation.

11