Law Summary
1. Establishment
- Legal Principle: Creation of the South Cotabato State College in Surallah, South Cotabato, integrating with Surallah National Agricultural School (SUNAS).
- Key Definitions:
- "College": Refers to South Cotabato State College.
- "SUNAS": Surallah National Agricultural School.
- Requirements: The main campus is to be located in Surallah.
2. General Mandate
- Legal Principle: The College is tasked with providing advanced education and research in agriculture and related fields.
- Key Definitions: None specified.
- Requirements:
- Provide instructional and research leadership.
- Implement extension programs in agricultural and technological development for South Cotabato and Region XII.
3. Curricular Offerings
- Legal Principle: The College shall offer various undergraduate and graduate programs.
- Key Definitions: None specified.
- Requirements:
- Courses in agriculture, environmental management, engineering, education, arts, and sciences.
- Continuation of existing TESDA programs.
4. Administration
- Legal Principle: The College is granted corporate powers.
- Key Definitions:
- "Board of Trustees": The governing body of the College.
- Requirements: The Board of Trustees and the College President hold exclusive administration powers.
5. The Governing Board
- Legal Principle: Establishment of the Board of Trustees to govern the College.
- Key Definitions:
- "Board": Refers to the Board of Trustees.
- Requirements:
- Composition includes CHED Chairperson, College President, and various representatives and citizens.
- Two prominent citizens appointed for a two-year term.
6. Promulgation and Implementation of Policies
- Legal Principle: The Board must create policies aligned with national education policies.
- Key Definitions: None specified.
- Requirements: Compliance with the Higher Education Act of 1994.
7. Powers and Duties of the Board of Trustees
- Legal Principle: The Board is empowered to govern, appoint officials, and manage finances.
- Key Definitions: None specified.
- Requirements:
- Approve curricula, appoint faculty, set tuition fees.
- Adopt a socialized tuition scheme.
- Retain generated income for College use.
8. Meetings of the Board
- Legal Principle: Regulation of Board meetings.
- Key Definitions: None specified.
- Requirements:
- Regular meetings at least quarterly.
- Special meetings called with prior notice.
9. The College President
- Legal Principle: Provisions for the appointment and role of the President.
- Key Definitions: None specified.
- Requirements:
- Tenure of four years with eligibility for reappointment.
- Incumbent SUNAS administrator to act as Officer-in-Charge until the first President is appointed.
10. The Administrative Council
- Legal Principle: Formation of an Administrative Council to advise the Board.
- Key Definitions: None specified.
- Requirements: Composed of key College officials to review policies.
11. The Academic Council
- Legal Principle: Establishment of an Academic Council for academic governance.
- Key Definitions: None specified.
- Requirements:
- Composed of academic staff to recommend curricula and discipline policies.
12. The Secretary of the College
- Legal Principle: Appointment of a Secretary to maintain records.
- Key Definitions: None specified.
- Requirements: Responsibilities include record-keeping and notice distribution.
13. The Treasurer of the College
- Legal Principle: The Treasurer of the Philippines serves as the College's treasurer.
- Key Definitions: None specified.
14. The Faculty
- Legal Principle: Non-discrimination in faculty appointments.
- Key Definitions: None specified.
- Requirements: Appointments based on qualifications without bias towards religion, gender, or ethnicity.
15. Scholarship Program/Admission
- Legal Principle: Provision of scholarships to underprivileged students.
- Key Definitions: None specified.
- Requirements: Affirmative action programs in admissions.
16. Academic Freedom and Institutional Autonomy
- Legal Principle: The College is granted academic freedom and autonomy under the Constitution.
- Key Definitions: None specified.
17. Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of Personnel
- Legal Principle: Government agencies can lend resources to the College.
- Key Definitions: None specified.
18. Assets, Liabilities and Personnel
- Legal Principle: Transfer of SUNAS assets and personnel to the College.
- Key Definitions: None specified.
- Requirements: Respecting tenure and rights of existing personnel.
19. Development Plan, Management Audit/Organizational/Administrative/Academic Structure
- Legal Principle: Requirement for a five-year development plan.
- Key Definitions: None specified.
- Requirements: Submit plan and undergo management audit within 120 days of the Act's approval.
20. Compliance with CHED Requirements
- Legal Principle: College status contingent on CHED compliance.
- Key Definitions: None specified.
- Requirements: Fulfill operational requirements for college classification within five years.
21. Annual Report
- Legal Principle: Obligation to submit an annual report to the President and Congress.
- Key Definitions: None specified.
- Requirements: Report on progress and needs due by February 15 annually.
22. Tax Exemption
- Legal Principle: Tax benefits for certain transactions involving the College.
- Key Definitions: None specified.
- Requirements: Exemption from customs duties on educational materials and donations.
23. Appropriations
- Legal Principle: Funding provisions for the College.
- Key Definitions: None specified.
- Requirements: Funding included in the annual General Appropriations Act.
24. Suppletory Application
- Legal Principle: Integration of existing laws into the College's governing charter.
- Key Definitions: None specified.
25. Parity Clause
- Legal Principle: Extension of existing powers and responsibilities to the College.
- Key Definitions: None specified.
26. Implementing Rules and Regulations
- Legal Principle: Mandate for the Board to create implementation guidelines.
- Key Definitions: None specified.
- Requirements: Guidelines to be formulated within 60 days of the Act's effectivity.
27. Separability Clause
- Legal Principle: Continuation of unaffected provisions if any part is declared invalid.
- Key Definitions: None specified.
28. Repealing Clause
- Legal Principle: Repeal of inconsistent existing laws.
- Key Definitions: None specified.
29. Effectivity
- Legal Principle: The Act takes effect upon publication.
- Key Definitions: None specified.
- Requirements: Effective 15 days post-publication in the Official Gazette or newspaper.
Key Takeaways
- The South Cotabato State College is established, integrating the Surallah National Agricultural School.
- The College will focus on agriculture and related fields with various curricular offerings.
- Governance is through a Board of Trustees with significant powers and responsibilities.
- Compliance with CHED and annual reporting is mandatory for sustaining college status.
- The Act ensures funding, tax exemptions, and protections for existing staff and students.