REPUBLIC ACT NO. 6973 - AN ACT
ESTABLISHING THE SULTAN KUDARAT POLYTECHNIC STATE COLLEGE, DEFINING ITS
POWERS, FUNCTIONS AND DUTIES, APPROPRIATING FUNDS THEREFORE, AND FOR
OTHER PURPOSES
Section 1. Establishment. — There is hereby established in
the Province of Sultan Kudarat, with a central site and administration
office in the Municipality of Tacurong (Sultan Kudarat Capital Site
Extension), a college which shall be known as the Sultan Kudarat
Polytechnic State College, hereinafter referred to as the College.
Sec. 2. Conversion. — The Tacurong Municipal High
School in Tacurong, the Lutayan National Agricultural High School in
Lutayan, the Sultan Kudarat National High School in Isulan, the
Kalamansig Municipal High School in Kalamansig and the Palimbang
Municipal High School in Palimbang are hereby merged into one college
to be known as the Sultan Kudarat Polytechnic State College. The Board
of Trustees of the College is hereby authorized to effects its
organization.
Sec. 3. Purpose. — The College shall primarily
give professional and technical training in science and technology, and
shall provide advanced and specialized instruction in literature,
philosophy, arts and sciences, besides providing for the promotion of
scientific and technological researches.
Sec. 4. Powers of the College. — The following are
the powers of the College:
(a) It shall have the general powers as set forth in
Section Thirty-six of Batas Pambansa Blg. 68. The exercise of its
corporate powers is hereby vested exclusively in the Board of Trustees
and in the President of the College insofar as authorized by the Board;
(b) It shall have the power to acquire public lands
for its expansion and/or beneficial use; and to purchase the equipment,
laboratory and library facilities which are required to carry out its
educational objectives.t shall offer undergraduate courses in liberal
arts, engineering, fisheries, agriculture and short-term vocational
courses for the development of middle-level skills within the first
five (5) years from the approval of this Act; and may, at the
discretion of the Board, offer graduate courses thereafter;
(c) It shall be authorized to undertake the
construction of its buildings and other permanent improvements from
such sums as may be necessary for the purpose and included in the
annual General Appropriations Act in the name of the Tacurong Municipal
High School, the Lutayan National Agricultural High School, the Sultan
Kudarat National High School, the Kalamansig Municipal High School and
the Palimbang Municipal High School: provided, that the construction of
its buildings and other permanent improvements, as authorized in the
Public Works Act of the Government, shall be undertaken by the College
as herein provided, any provision of existing laws to the contrary
notwithstanding.
Sec. 5. The Governing Board; Manner of
Appointment. — (a) Composition — The governing body of the College is
hereby vested in a Board of Trustees which shall be composed of the
following:
Secretary of Education, Culture and Sports, Chairman;
President of the College, Vice-Chairman;
Chairman of the Committee on Education of the Senate, member;
Chairman of the Committee on Education of the House of Representatives,
member;
Representative of the National Economic and Development Authority
(NEDA), member;
Representative of the Faculty Association of the College, member;
Representative of the Supreme Student Council of the College, member;
Representative of the Alumni Association of the College, member;
Representative of the Employee Association of the College, member; and
Two (2) prominent citizens have distinguished themselves in their
professions or fields of specialization of the College chosen from
among those qualified in the city or province where the school is
located, members: provided, that the representatives of the Alumni
Association and the Employee Association as well as the two (2)
prominent citizens shall be elected by the Board when deemed necessary
who shall have the same powers, authority and privileges as the regular
members of the Board: provided, further, that the DECS Secretary, the
President of the College, the Education Committee Chairmen of the
Senate and the House, and the NEDA representative shall have an ex
officio term of office, while the representatives of the Faculty
Association, Supreme Student Council and when deemed necessary the
representatives of the Alumni Association and the Employee Association
shall serve for one (1) year, and when likewise necessary the two (2)
prominent citizens shall serve for four (4) years and two (2) years,
respectively.
No person in the employ of the College or any other educational
institution in the province, except the President of the College, shall
be eligible for membership in the Board.
The regular members of the Board shall each receive, for every Board
meeting attended, a per diem of One hundred pesos (P100.00): provided,
that in no case shall the total amount received by each exceed the sum
of Three hundred pesos (P300.00) for any one month. Besides the per
diem, they and the ex officio members shall be reimbursed for actual
and necessary expenses incurred upon attendance in meetings of the
Board or upon performing other official business authorized by
resolution of the Board, subject to existing budget laws on honoraria
and allowances.
(b) Quorum — A quorum of the Board shall consists of
a majority of all members holding office at the time of the meeting:
provided, however, that among those present in the Secretary of
Education, Culture and Sports who is Chairman of the Board, or the
President of the College who acts as presiding officer in the former's
absence. The Board of Trustees shall convene regularly once every two
(2) months. The Chairman of the Board of Trustees may call a special
meeting whenever necessary.
(c) Powers and Duties of the Board — The Board of
Trustees shall have the following powers and duties in addition to its
general powers of administration and the exercise of the powers of a
corporation:
(1) To determine and fix the dates and time of its
regular meetings, as well as special meetings as the need for the same
may arise: provided, that such meetings shall not be more than three
(3) times in any one month nor less than one (1) time in any one
quarter;
(2) To appoint the President of the College whose
term of office shall be in accordance with Sec. 6 hereof;
(3) To fix the compensation of the President of the
College;
(4) To receive and appropriate to the ends specified
by law such sums as may be provided by law for the support of the
College;
(5) To receive in trust legacies, gifts, and
donations of real and personal property of all kinds and to administer
the same for the benefit of the College, or of a department thereof, or
for aid to any student or students in accordance with the desire of the
donor, and/or default thereof, in such manner as the Board may in its
discretion determine. All such donations shall be exempt from income
tax of the donors; to import duty-free commodities for educational
purposes as an exception to existing laws;
(6) To appoint, upon recommendation of the President
of the College, a vice-president, directors, deans secretary of the
College, treasurer, professors, lecturer instructors, registrar,
department heads, division chief, and other employees of the College
from among the qualified personnel of the merged schools at the time
this Act is approved. Only when there are no qualified personnel shall
the Board recruit from the outside to fill vacancies;
(7) To fix the compensation and term of service of
all personnel and such other duties and conditions as it may deem
proper, subject to the provisions of Presidential Decree No. 985 and
other pertinent budget and compensation laws, rules and regulations;
(8) To approve the courses of study and rules of
discipline drawn up by the College and fix the required tuition fees,
matriculation fees, fees for laboratory courses, diploma fees, and all
special and other fees, and to utilize the income derived therefrom for
the maintenance of the College, together with the annual appropriation
provided for in Section 17 hereof;
(9) To provide fellowship to qualified faculty
members and scholarships to deserving students;
(10) To establish chairs in the College and provide
for the maintenance and endowment of such chairs;
(11) To confer honorary degrees upon persons other
than graduates of the College in recognition of learning, statesmanship
or eminence in education, sciences or arts: provided, that such degrees
shall not be conferred in consideration of the payment of money or
other valuable consideration; and
(12) To submit an annual report to the Secretary of
Education, Culture and Sports and to both Houses of Congress within two
(2) weeks after the close of each school year about the performance of
the College in the school year just ended, it's progress, needs and
problems.
Sec. 6. The Administration. — The administration
of the College shall be vested in the President of the College who
shall render full-time service.
The College President shall be appointed by the Board of Trustees. He
shall be assisted by a Vice-President for Academic Affairs who shall be
appointed by the Board upon recommendation of the College President.
His Compensation shall be fixed by the Board.
The President shall hold office for a term of six (6) years without
reappointment unless he reaches the age of retirement or earlier
removed for cause or incapacitated to discharge the duties of the
office.
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 of
the College 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 but in no case shall his term be more than six (6)
years.
Sec. 7. Powers of the President. — The powers and
duties of the President, in addition to those which are usually
exercised by college presidents, which are not inconsistent with the
provisions of this law, are the following:
(a) To recommend to the Board of Trustees for
appointment, a vice-president, deans, professors, instructors,
lecturers, and other employees of the College.
(b) To promulgate for the government of the College
such general ordinances and regulations not contrary to law, as are
consistent with the purpose of the College; andsia
(c) To suggest to the Chairman of the Board special
meetings of the Board when the need arises.
Sec. 8. The Secretary of the College. — The Board
shall appoint a secretary who shall serve as such for both the Board
and the 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 College Council Powers. — There shall
be a College Council, under the chairmanship of the President of the
College, consisting of faculty members with the rank of dean professor,
associate professor, and assistant professor. Subject to existing laws
and orders, the Council shall have the power to prescribe the courses
of study and rules of discipline; fix the requirements for admission to
the College; serve as advisory council to the President; and through a
tribunal of not more than five (5) members elected by the members, the
Council shall administer disciplinary measures among the student body
and the faculty of the College.
SECTION 10. College Centers. — The President shall
organize the following centers whose staff shall be elected from among
the members of existing faculty whose heads shall be known as Director
of the Center:
(a) Research and Planning Center. — The Research and
Planning Center is charged with the responsibility of coordinating all
researchers of the College and planning for its expansion and
development in line with the philosophy of the College and the national
goals of the Republic of the Philippines.
(b) Guidance and Counseling Center. — It shall be the
duty of this center to provide counseling and guidance programs for the
faculty, students and employees of the College.
(c) Student Service Center. — It shall be the duty of
this center to look after the interest of the student body, provide
them with facilities for development and organize them into social
actions groups to help in countryside development.
SECTION 11. The Officers of the Administration. — The
officers of the Administration of the College are the President, the
Vice-President for Academic Affairs, the Deans of the different
colleges, the Secretary of the College, Center Directors, and the
College Treasurer.
SECTION 12. The Faculty and Other Personnel of the
College. — The body of professors and instructors of each college shall
constitute its faculty. They shall be appointed by the Board of
Trustees upon recommendation of the President of the College.n the
recruitment of professor, instructors, and other personnel of the
College, no religious test shall be required nor shall their religious
opinion or affiliation be made a matter of examination or inquiry;
provided, however, that no professor or instructor or any of its
personnel shall inculcate sectarian tenets in any of his teachings.
SECTION 13. Civil Service Requirements. — Except the
President and the Vice-President for Academic Affairs, all employees of
the College shall be subject to the rules of the civil service. Highly
technical positions may be exempt from the civil service eligibility
upon approval of the Board as recommended by the President: provided,
however, that all shall be entitled to the privileges and rights of
security tenure, promotion in position and salaries for meritorious
service, leaves and retirement benefits, as in the government service
as now provided for by law.
SECTION 14. The Auditor of the College. — The
Commissioner of Audit of the Philippines shall be ex officio auditor of
the College and shall designate his representative who must hold
regular office therein to be able to perform his duties efficiently and
satisfactorily as a regular official thereof. The designated
representative shall be at least a certified public accountant with the
rank of chief of a division in the Commission on Audit whose salary
shall vary and whose benefits shall be paid by the College.
SECTION 15. Loans or Transfer of Apparatus or
Supplies; Detail of Employees for Duty in the College. — The heads of
bureaus and offices of the national government are hereby authorized to
loan or transfer, upon request of the President of the College, such
apparatus or supplies as may be needed by the College and to detail
employees for duty therein when in the judgment of the bureau or office
such supplies or employees can be spared without serious detriment to
the public service. Employees so detailed shall perform such duties as
are required under such detail, and the time so employed shall be
counted as part of their regular service.
SECTION 16. The Board of Visitors. — The President of
the Philippines, the Members of the Cabinet, and the Speaker of the
House of Representatives or their designated representatives shall
constitute Board of Visitors of the College whose duty shall be to
attend commencement exercises, to make visits at such other time as it
may deem proper, to examine the property, courses of study discipline
and state of finances of the College, to inspect all books and accounts
of the institution, and to make reports to the President of the
Philippines upon the same with such recommendation as it may favor.
SECTION 17. Appropriations. — In addition to the
current fiscal appropriations of the Lutayan National Agricultural High
School, Sultan Kudarat National High School, Kalamansig Municipal High
School, Palimbang Municipal High School, and the Tacurong Municipal
High School, such amount is hereby authorized to be appropriated in the
General Appropriations Act of the year following its enactment into law.
SECTION 18. Abolition and Transfer. — The Tacurong
Municipal High School, the Lutayan National Agricultural High School,
the Sultan Kudarat National High School, the Kalamansig Municipal High
School and the Palimbang Municipal High School are hereby abolished and
all their personnel, unexpended appropriations, and all their assets,
fixed and movable, are hereby transferred to the Sultan Kudarat
Polytechnic State College.
SECTION 19. General Provisions. — The Secretary of
Education, Culture and Sports is hereby directed to take such steps as
are necessary for the immediate implementation of this Act.
All laws inconsistent with the provisions of this Act are hereby
repealed or amended accordingly.
Sec. 20. Effectivity. — This Act shall take effect
upon its approval.
* Lapsed into
law on December 5, 1990 without the President's signature in accordance
with Article VI, Sec. 27 (1), of the Constitution.
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