Section 1. The Samar National Agricultural School in
the Municipality of San Jorge, Province of Samar, is hereby converted
into a state college to be known as the Samar State College of
Agriculture and Forestry, herein referred to in this Act as the State
College.
Sec. 2. The State College shall primarily provide
higher professional, technical and vocational instruction and training
in the agricultural and forestry fields. It shall promote research,
advanced studies and progressive leadership in the fields of
agriculture and forestry and other areas of its specialization.
The existing high school shall be transferred to the jurisdiction and
supervision of the Department of Education, Culture and Sports:
provided, that this high school shall be allowed to remain and operate
within the campus of the State College until it shall have been
transferred to another location, or until its students shall have been
accommodated in other public or private high schools.
Sec. 3. The State College shall primarily offer
higher professional and technical instructions and training in
agriculture, forestry and related sciences. Likewise, it shall promote
research, extension and production services, advanced studies and
specialized training in the field of education, as may be deemed
relevant.
The State College shall offer undergraduate, graduate and short-term
technical courses within its areas of specialization, as the Board of
Trustees may deem necessary to carry out its objectives, particularly,
in order to meet the needs of the province.
Sec. 4. The Governing Boards; Manner of
Appointment. —
(a) Composition — The governing body is hereby vested
in the Board of Trustees which shall be composed of the following:
(i) Chairman of the Commission on Higher Education
(CHED), chairman;
(ii) President of the State College, vice chairman;
(iii) Chairmen of the Congressional Committees on
Education and Culture;
(iv) Regional director of the National Economic and
Development Authority (NEDA) where the main campus of the State College
is located;
(v) Regional director of the Department of Science
and Technology (DOST);
(vi) President of the faculty association;
(vii) President of the supreme student council or the
student representative elected by the student council: provided, that
in the absence of a student council president or student representative
elected by the student council, the State College shall schedule one
(1) week for the campaign and election of a student representative;
(viii) President of the alumni association of the
State College; and
(ix) Two (2) prominent citizens who have
distinguished themselves in their professions or fields of
specialization chosen from among a list of at least five (5) persons
qualified in the city or the province where the school is located, as
recommended by the search committee constituted by the president in
consultation with the chairman of the CHED based on the normal
standards and qualifications for the position.
The private sector representatives shall be appointed by the Board of
Trustees upon recommendation of a duly constituted search committee.
(b) Term of Office — The presidents of the faculty
and alumni associations and the student regents or trustees shall sit
in the Board until the expiration of their term of office in such
capacities.
The prominent citizens shall serve for a term of two (2) years.
(c) Meetings; Quorum — The Board of Trustees shall
regularly convene at least once every quarter. The chairman of the
Board of Trustees may call a special meeting whenever necessary:
provided, that members are notified in writing at least three (3) days
prior to said meeting.
A majority of all members holding office shall constitute a quorum for
board meetings: provided, that the chairman of the CHED who is the
chairman of the Board or the president of the State College is among
those present in the meeting. In the absence of the chairman of the
CHED, a commissioner of the CHED duly designated by him, shall
represent him in the meeting with all the rights and responsibilities
of a regular member: provided, however, that in the said meeting, the
president of the State College as vice chairman shall be the presiding
officer: provided, further, that this proviso notwithstanding, the
chairman of the CHED is hereby authorized to designate a CHED
commissioner the regular chair to the Board of the State College, in
which case said CHED commissioner shall act as the presiding
officer.
The members shall serve without compensation, but they shall be
reimbursed for necessary expenses incurred in their attendance of
meetings of the Board or in connection with their official business
authorized by resolution of the Board.
Sec. 5. Powers and Duties of Governing Boards. —
The governing board 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
Sec. 36 of Batas Pambansa Blg. 68, otherwise known as the
Corporation Code of the Philippines:
(a) To enact rules and regulations not contrary to
law as may be necessary to carry out the purposes and functions of the
State College;
(b) To receive and appropriate all sums as may be
provided for the support of the State College in the manner it may
determine, in its discretion, to carry out the purposes and functions
of the State College;
(c) To receive in trust legacies, gifts and donations
of real and personal properties of all kinds, and to administer and
dispose the same when necessary for the benefit of the State College,
subject to limitations, directions and instructions of the donor, if
any. Such donations shall be exempt from all taxes and shall be
considered as deductible items from the income tax of the donor; and
(d) To fix tuition fees and other necessary school
charges, such as but not limited to matriculation fees, graduation fees
and laboratory fees, as their respective boards may deem proper
to impose after due consultations with the involved sectors.
Such fees and charges, including government subsidies and other income
generated by the State College, shall constitute 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 fund for the use of the State College.
Any provision of existing laws, rules and regulations to the contrary
notwithstanding, any income generated by the State College from tuition
fees and other charges, as well as from the operation of auxiliary
services and land grants, shall be retained by the State College, and
may be disbursed by the Board of Trustees for instruction, research,
extension or other programs/projects of the State College: provided,
that all fiduciary fees shall be disbursed for the specific purposes
for which they are collected.
If, for reasons beyond its control, the State College shall not be able
to pursue any project for which funds have been appropriated and
allocated under its approved program of expenditures, the Board of
Trustees 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 State College.
(e) To adopt and implement a socialized scheme of
tuition and school fees for greater access to poor but deserving
students;
(f) To authorize the construction or repair of its
buildings, machineries, equipment and other facilities and the purchase
and acquisition of real and personal properties including necessary
supplies, materials and equipment. Purchases and other transactions
entered into by the State College through the Board of Trustees shall
be exempt from all taxes and duties;
(g) To appoint, upon the recommendation of the
president of the State College, vice presidents, deans, directors,
heads of departments, faculty members and other officials and employees;
(h) To fix and adjust salaries of faculty members and
administrative officials and employees subject to the provisions of the
revised compensation and 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 provisions of existing law to the contrary
notwithstanding; and to remove them for cause in accordance with the
requirements of due process of law;
(i) To approve the curricula, institutional programs
and rules of discipline drawn by the administrative and academic
councils as herein provided;
(j) To set policies on admission and graduation of
students;
(k) To award honorary degrees upon persons in
recognition of outstanding contribution in the fields of education,
public service, arts, science and technology, or in any field of
specialization within the academic competence of the State College; and
to authorize the award of certificates of completion of nondegree and
nontraditional courses;
(l) To absorb non-chartered tertiary institutions
within their respective provinces in coordination with the CHED and in
consultation with the Department of Budget and Management, and to offer
therein needed programs or courses, to promote and carry out equal
access to educational opportunities mandated by the Constitution;
(m) To establish research and extension centers of
the State College where such will promote the development of the latter;
(n) To establish chairs in the State College and to
provide fellowships for qualified faculty members and scholarships to
deserving students;
(o) To delegate any of its powers and duties provided
for hereinabove to the president and/or other officials of the State
College as it may deem appropriate so as to expedite the administration
of the affairs of the State College;
(p) To authorize an external management audit of the
institution to be financed by the CHED and to institute reforms,
including academic and structural changes, on the basis of the audit
results and recommendations;
(q) To collaborate with other governing boards of
state universities and colleges within the province or region, under
the supervision of the Commission on Higher Education and in
consultation with the Department of Budget and Management, the
restructuring of said colleges and universities to become more
efficient, relevant, productive and competitive;
(r) To enter into joint ventures with business and
industry for the profitable development and management of the economic
assets of the college or institution, the proceeds from which to be
used for the development and strengthening of the State College;
(s) To develop consortia and other forms of linkages
with local government units, institutions and agencies, both public and
private, local and foreign in furtherance of the purposes and
objectives of the State College;
(t) To develop academic arrangements for institution
capability building with appropriate institutions and agencies, public
or private, local or foreign, and to appoint experts/specialists as
consultants, or visiting or exchange professors, scholars, and
researchers, as the case may be;
(u) To set up the adoption of modern and innovative
modes of transmitting knowledge such as the use of information
technology, the dual system, open learning, community laboratory, etc.,
for the promotion of greater access to higher education;
(v) To establish policy guidelines and procedures for
participative decision-making and transparency within the State College;
(w) To privatize, where most advantageous to the
State College, management and nonacademic services such as health,
food, building or grounds or property maintenance
and similar such other activities; and
(x) To extend the term of the president of the State
College beyond the age of retirement but not later than the age of
seventy (70), whose performance has been unanimously rated as
outstanding and upon unanimous recommendation by the search
committee.
Sec. 6. Promulgation and Implementation of
Policies. — The governing 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,
science and technology, arts, culture and sports; as well as the
policies, standards, and thrusts of the CHED under Republic Act No.
7722.
Sec. 7. The Administration. — The administration
of the State College shall be vested in the president of State College
who shall render full-time service. He shall be appointed by the Board
of Trustees, upon the recommendation of a duly constituted search
committee. He shall have a term of four (4) years and shall be eligible
for reappointment for another term: provided, that this provision shall
not adversely affect the term of the incumbent.
The president shall be assisted by a vice-president for academic
affairs who shall be appointed by the Board upon the former's
recommendation without prejudice to the appointment of more than one
(1) vice-president when so warranted.
In case of vacancy by reason of death, resignation, removal for cause
or incapacity of the president to perform the functions of his office,
the Board shall have the authority to designate an officer-in-charge
pending the appointment of a new president.
In case of vacancy in the office of the president as mentioned in the
immediately preceding paragraph, his successor shall hold office for
the unexpired term.
Sec. 8. The Secretary of the State College. — The
Board shall appoint a secretary who shall serve as such for both the
Board and the State College and shall keep all records and proceedings
of the Board. He shall communicate to each member of the Board notice
of meetings.
Sec. 9. The Treasurer of the Philippines. — The
Treasurer of the Philippines shall be the ex officio treasurer of the
State College.
Section 10. Administrative Council. — There shall be
an administrative council consisting of the president of the State
College as chairman, the vice president(s), deans, directors and other
officials of equal rank as members, and whose duty is to review and
recommend to the board of trustees policies governing the
administration, management, and development planning of the State
College for appropriate action.
Section 11. Academic Council. — There shall be an
academic council with the president of the State College as chairman
and all members of the instructional 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 State College
subject to appropriate action of the Board of Trustees. It shall fix
the requirements for the admission of students, as well as for
graduation and the conferment of degrees, subject to review and/or
approval by the Board of Trustees through the president of the State
College.
Section 12. Academic Freedom. — Pursuant to Paragraph
2, Sec. 5 of Article XIV of the Constitution of the Republic of the
Philippines, all institutions of higher learning, public or private,
shall enjoy academic freedom and institutional autonomy.
Section 13. Admission. — No student shall be denied
admission to the State College by reason of sex, nationality, religion,
political affiliation or physical disability.
Section 14. No religious opinion or affiliation shall
be the matter of inquiry in the appointment of faculty members of the
State College: provided, however, that no member of the faculty shall
teach for or against any particular church or religious sect.
Section 15. No member of the faculty of the State
College shall attempt directly or indirectly, under penalty of
dismissal by the Board of Trustees or influence students or any person
in the State College towards any ideology, political or otherwise,
which agitates the throw of the duly constituted government.
Section 16. The appointment of the office-in-charge
of the State College pending the appointment of the president by the
Board upon its composition, shall be made by the Commission on Higher
Education (CHED).
Section 17. On or before the fifteenth (15th) day of
June of each year, the Board shall file with the President of the
Philippines, a detailed report, setting forth the programs, conditions
and needs of the State College.
Section 18. All the assets fixed and movable,
personnel records and facilities of the Samar National Agricultural
School as well as their liabilities or obligations, are hereby
transferred to the Samar State College of Agriculture and Forestry:
provided, however, that the positions, rights and security of tenure of
personnel therein employed under existing laws prior to absorption by
the State College are not impaired: provided, further, that the
incumbents of the positions shall remain in the same status until
otherwise provided for by the Board. All parcels of land belonging to
the government occupied by the Samar National Agricultural School are
hereby declared the property of the Samar State College of Agriculture
and Forestry and shall be titled under that name: provided,
furthermore, that, should the State College cease to exist or be
abolished or such parcels of land aforementioned be no longer needed by
the State College, the same shall revert to the Province of Samar.
Section 19. All accounts and expenses of the State
College shall be audited by the Commission on Audit or its authorized
representative.
Sec. 20. The provisions of Republic Act No. 8292,
otherwise known as the "Higher Education Modernization Act of 1997,"
shall form an integral part of this Act and together shall serve as the
governing charter of the State College.
Sec. 21. The heads of bureaus and offices of the
national government are hereby authorized to loan or transfer upon
request of the president of the State College, such apparatus,
equipment or supplies as may be needed by the State College and to
detail employees for duty therein when in the judgment of the bureau or
office, such apparatus, equipment, supplies or services of such
employees can be spared without serious detriment to the public
service. Employees so detailed shall perform such duties as required of
them by the president of the State College, and the time so employed
shall be counted as part of their regular service.
Sec. 22. If, for any reason, any part or provision
of this Act is declared invalid or unconstitutional, the remaining
parts or provisions not affected thereby shall remain in full force or
effect.
Sec. 23. The amount needed to carry out the
provisions of this Act shall be charged against the current year's
appropriations of the Samar National Agricultural School, except the
sum needed to continue the operations of the existing high schools.
Thereafter, such amount as may be necessary for the continued operation
and maintenance of the Samar State College of Agriculture and Forestry
shall be included in the annual General Appropriations Act.
Sec. 24. The Commission on Higher Education is
hereby directed to take such steps as are necessary for the immediate
implementation of this Act.
Sec. 25. All laws, presidential decrees, executive
orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.
Sec. 26. This Act shall take effect upon its
approval.
Approved: June 14, 1998
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