South Cotabato State University

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 8627 BY REPRESENTATIVES HERNANDEZ (F.), ACIDRE, BAUTISTA (J.M.), ZUBIRI, AMANTE, RECTO, CAGAS, GATO, RODRIGUEZ (E.), GALANG, ALANO, YNARES, GATCHALIAN, SOLON, DIOKNO, ROMAN, CRUZADO, OAMINAL (H.), SAN FERNANDO, LOPEZ, UY (D.C.), SUANSING (M.A.), QUIMBO, RODRIGUEZ (M.), MOMO, ABALOS, LORIA, BELTRAN, BARBERS, ESPARES, BAÑAS-NOGRALES AND SUAN 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". Its main campus shall be in the Municipality of Surallah, Province of South Cotabato.

SEC. 2. General Mandate. - The South Cotabato State University,

hereinafter referred to as the University, shall primarily provide advanced instruction, higher technological education, professional training, and research in 9 agriculture, allied technological sciences, education, arts and related sciences, and 10 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 programs in the fields of agriculture, environmental management, engineering, education, arts and sciences, and other degree programs 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, Kudarat, Sarangani, and General Santos City Cotabato, 5 (SOCCSKSARGEN) Region. The existing and any other future technical-vocational courses or programs under the supervision of the Technical Education and Skills Development Authority 8 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, or 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; (c) Regional Director of the Department of Economy, Planning, and Development (DEPDev); (d) Regional Director of the Department of Science and Technology; (e) Regional Director of the Department of Agriculture; (f) President of the federation of faculty associations of the University; (g) President of the federation of student councils of the University; (h) President of the federation of alumni associations of the University; (i) Representative of the nonteaching or personnel association of the University; and (i) Two (2) prominent citizens from the private sector who have distinguished themselves in their professions or fields of specialization. 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 46 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 nonteaching personnel shall be coterminous with their terms of office, as provided under their respective constitutions and bylaws. 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 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 7722, or 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; *23 (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 the faculty, administrative officials, and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation laws, rules and regulations of the Civil Service Commission (CSC) governing hours of service and such other requirements 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 CSC rules and regulations and due process of law; (e) 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, shall constitute its special trust funds and shall be deposited in any authorized 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 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 10931, or the "Universal Access to Quality Tertiary Education Act"; (9) Establish professorial chairs in the University and provide fellowships for qualified faculty members, and scholarships to deserving students; (h) 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; (i) Set the policies on admission and graduation of students; (i) 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; (k) 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; (l) 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; (m) 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; CHED, subject to the rules and regulations of the Commission on Audit, and audit results and recommendations; (o) 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;

(p) Import books or publications, instruments, equipment and apparatuses for economic, technical-vocational, scientific, medical, philosophical, historical, legal or cultural purposes; (q) Enter into joint ventures with business industry, after consultation with the DEPDev for the profitable development and management of economic assets, the proceeds of which shall be used for the development and strengthening of the University; (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 4 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. 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 University, the Board shall constitute the Search Committee for the Presidency. The powers and duties of the President of the University, 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 University shall be in accordance with RA 11466, or 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. 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 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 shall enjoy academic

freedom pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution.

SEC. 14. The Faculty. - No political belief, sex, gender preference, cultural

or community affiliation, ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the appointment of the faculty of the University: Provided, That the appointment shall 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 denomination.

SEC. 15. Heads of Campuses. - A Campus Director shall serve as head or

administrator of each campus of the University and render full-time service. The Campus Director 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 University 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, gender, religion, political, cultural or community affiliation, and ethnic origin.

SEC. 17. Authority to Loan or Transfer of Apparatus, Equipment 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 judgment 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 the President of the University and the time so employed shall be counted as part of their regular service.

SEC. 18. Assets, Liabilities, Records, 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 the faculty 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 local government unit concerned 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 10863, or 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 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; (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; (c) 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 (15th) day of the

second (2d) 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.

SEC. 24. Suppletory Application. - The provisions of RA 8292, or 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, rules, regulations, and other issuances 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,