[ REPUBLIC ACT NO. 12282, September 07, 2025 ]
AN ACT CONVERTING THE ZAMBOANGA DEL SUR SCHOOL OF ARTS AND TRADES IN BARANGAY KAWIT, PAGADIAN CITY, PROVINCE OF ZAMBANGA DEL SUR INTO A STATE COLLEGE TO BE KNOWN AS THE ZAMBOANGA DEL SUR POLYTECHNIC STATE COLLEGE AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Zamboanga del Sur Polytechnic State College Charter".
Section 2. Conversion. - The Zamboanga del Sur School of Arts and Trades (ZSSAT) located in Barangay Kawit, Pagadian City, Province of Zamboanga del Sur, is hereby converted into a state college to be known as the Zamboanga del Sur Polytechnic State College (ZSPSC).
Section 3. General Mandate. - The ZSPSC shall primarily provide advanced education, higher technological and professional courses, and training programs in engineering, education, arts and sciences, trades and the arts, vocational and technology courses, and other field of study. It shall promote research, extension and income-generating services, and production activities, and shall provide progressive leadership in its areas of specialization.
Section 4. Curricular Offerings. - The College shall offer short-term technical-vocational, undergraduate, and graduate courses, in the fields of engineering, education, agriculture, arts and sciences, trade and the arts, vocational and technology courses in welding technology, vocational technology, fishery technology, hotel and restaurant services, hotel and household services, baking technology, electronic services and repair, and other degree courses, as the Board of Trustees may deem necessary to carry out its objectives, and those which response to the human resources development needs of the Province of Zamboanga del Sur and the Zamboanga Peninsula: Provided, That the ZSPSC shall comply with the policies, standards, and guidelines of the Commission on Higher Education (CHED) for the offering of courses and the introduction of new or revised programs.
The ZSPSC may continue to operate a reasonably-sized laboratory junior and senior high school under the supervision of the College of Education of the ZSPSC to serve in-campus requirements of its students.
Section 5. Administration. - The ZSPSC shall have the general powers of a corporation set forth in Republic Act (RA) No. 11232, otherwise known as the "Revised Corporation Code of the Philippines". The administration of the ZSPSC and the exercise of its corporate powers shall be vested exclusively in the Board of Trustees and the President of the ZSPSC.
Section 6. The Board of Trustees. - The governing body of the ZSPSC shall be the Board of Trustees, hereinafter referred to as the Board, which shall be chaired and vice chaired by the Chairperson of the CHED and the President of the ZSPSC, respectively, and with the following, as 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 Agriculture;
(e) Regional Director of the Department of Science and Technology;
(f) President of the federation of faculty associations of the ZSPSC;
(g) President of the federation of student councils of the ZSPSC;
(h) President of the federation of alumni associations of the ZSPSC;
(i) Representatives of the nonteaching or personnel association of the ZSPSC; and
(j) 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 Zamboanga del Sur, as recommended by a Search Committee constituted by the President of the ZSPSC, in consultation with the Chairperson of the CHED and other members of the Board, based on the standards and qualifications for the position set by the Board. They shall serve for a term of two (2) years from the date of appointment.
The President of the federation of faculty associations, the President of the federation of student councils, and the President of the federation of alumni associations, and the Representatives of the nonteaching personnel shall be coterminous with their terms of office, as provided under their respective constitutions and by laws.
Section 7. Powers and Duties of the Board. - In additional to its general powers of administration and the powers granted to the Board of Directors of a corporation under existing laws, the Board shall have the following specific powers and duties:
(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 Republic Act No. 7722, otherwise known as the “Higher Education Act of 1994”, and also in accordance with the policies, standards and programs of the TESDA, under Republic Act No. 7796, otherwise known as the "TESDA Act of 1994";
(b) Approve the curricula, instructional programs, and rules on student discipline drawn by the Administrative and Academic Councils as herein provided;
(c) Appoint, upon the recommendation of the President of the ZSPSC, the vice presidents, chancellors, deans, directors, heads of the campuses, faculty members, and other officials of the ZSPSC;
(d) 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, including govenrment subsidies and other income generated by the ZSPSC, shall constitute its funds to be used exclusively in the pursuit of its mandate as a state college, and shall be deposited in any authorized govenrment depository bank. All interests that shall accrue therefrom shall form part of the same funds for the use of the ZSPSC;
The fees and charges collected by the ZSPSC, including govenrment subsidies and proceeds from other income sources, as well as interests that would accrue therefrom shall be retained by the College: Provided, That in no case shall the said income be used for the payment of allowances and other benefits not authorized by law: Provided, further, That all fiduciary fees shall be disbursed for the specific purposes for which they were collected.
Notwithstanding any provision of law to the contrary, the Board may authorize, for such reasonable and legal purposes for which it deems necessary and urgent for the attainment of the objectives of the ZSPSC, the use of: (i) any unexpended balance whose fiduciary character has been ipso facto removed pursuant to the grant of subsidy under R No. 10931, otherwise known as the "Universal Access to Quality Tertiary Education Act"; and/or (ii) any appropriation for any project under the duly approved program of expenditures of the ZSPSC, for reasons beyond its control, would not be able to pursue: Provided, That funds collected from student for specific purposes shall not be realigned or reprogrammed to other expenditures;
(e) Adopt and implement a socialized scheme of tuition and other school fees for greater access of poor but deserving students in accordance with Republic Act No. 10931;
(f) Establish professional chairs in the ZSPSC and provide fellowships for qualified faculty members, and scholarships to deserving students;
(g) Receive appropriate sums as may be provided by law for the support of the ZSPSC, and all other sums in the manner it may, in its discretion, determine to carry out the purposes and functions of the ZSPSC;
(h) Set the policies on admission and graduation of students;
(i) Award honorary degrees upon persons in recognition of their outstanding contribution in the fields of education, public service, arts, science and technology, agriculture or any field of specialization within the academic competency of the ZSPSC, and authorize the awarding of certificates of completion of nondegree and nontraditional courses;
(j) Develop academic arrangements for institutional capability building with appropriate institutions and agencies, whether public, private, local or foreign, and appoint experts or specialist as consultants, part-time, visiting or exchange professors, scholars or researchers, as the case may be;
(k) 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;
(l) Absorb non-chartered tertiary institutions within the Province of Zamboanga del Sur and Zamboanga Peninsula as branches, extension or 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;
(m) Authorize an external management audit of the ZSPSC, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit, and institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;
(n) Develop consortia and other economic forms of linkages with local government units, as well as public, private, local or foreign institutions and agencies, in the furtherance of the purposes and objectives of the ZSPSC;
(o) Import books or publications, instruments, equipment, and apparatuses for economic, technical-vocational, scientific, medical, philosophical, historical, legal or cultural purposes;
(p) Enter into joint ventures with business and 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 ZSPSC;
(q) Receive, in trust, 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 College and subject to the limitations, directions and instructions of the donor, if any;
(r) Extend the term of the President of the ZSPSC beyond the age of retirement, but not beyond the age of seventy (70), based on the guidelines, qualifications and 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;
(s) Delegate any of its powers and duties provided to the President and other officials of the ZSPSC, as it may deem appropriate, so as to expedite the administration of the affairs of the ZSPSC;
(t) Establish policy guidelines and procedures for participative and transparent decision-making within the ZSPSC;
(u) Where most advantageous to the ZSPSC, outsource the management of nonacademic services such as health, food, building, or grounds or property maintenance, and such other similar activities;
(v) 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
(w) Promulgate rules and regulations, as may be necessary, to carry out the purposes and functions of the ZSPSC.
Section 8. 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 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 ZSPSC 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 assigned by the 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 College, as Vice Chairperson, shall be the presiding officer: Provided, further, That this provision notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chairperson of the Board, in which case, the said CHED Commissioner shall act a the presiding officer.
In case the Chairperson of the Senate Committee on Higher, Technical and Vocational Education and the House Committee on Higher and Technical Education cannot 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 reimbursement 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.
Section 9. The College President. - The ZSPSC shall be headed by a President who shall be appointed by the Board, subject to its guidelines, qualifications and standards, and based on the recommendation of a Search Committee duly constituted for the purpose of selecting the President. The ZSPSC President shall render full-time service for four (4) years and may be reappointed to another term:
Within six (6) months before the expiration of the term of office of the incumbent President of the ZSPSC, the Board shall constitute the Search Committee for the Presidency and shall ensure the appointment or reappointment of a President on or before the expiration of the term.
The powers and duties of the President of the ZSPSC, in addition to those specifically provided in this Act, shall be those usually pertaining to the Office of the President of colleges and those delegated by the Board.
The salary of the President of the ZSPSC shall be in accordance with Republic Act No. 11466 or the “Salary Standardization Law of 2019”, and by such other laws amendatory thereto, which may hereinafter be enacted, and on 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 of the ZSPSC, pending the appointment of the President.
The President of the ZSPSC shall be assisted by a Vice President for Academic Affairs, a Vice President for Administration, Planning and Finance; and a Vice President for Research, Development, and Extension.They shall all be appointed by the Board upon the recommendation of the President of the ZSPSC.
Section 10. The Secretary of the College. - The Board shall appoint a Secretary who shall serve as such for both the Board and the ZSPSC and shall keep all records and proceedings of meetings of the Board in addition to other duties and responsibilities. The Secretary of the ZSPSC shall serve upon each member of the Board the appropriate notice of Board meetings.
Section 11. The Treasurer of the ZSPSC. - The Treasurer of the Philippine shall be the ex officio Treasurer of the ZSPSC.
Section 12. The Administrative Council. - There shall be an Administrative Council consisting of the President of the ZSPSC, as Chairperson, and the vice presidents, deans, directors and other officials of equal rank, as members, whose duty is to review and recommend to the Board the policies that shall govern the administration, management and development planning of the ZSPSC.
Section 13. The Academic Council. - There shall be an Academic Council consisting of the President of the ZSPSC, as Chairperson, and all academic staff with the rank of at lease an assistant profession, as members.
The Academic Council shall have the power to review and recommend the curricular offerings and rules of 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 shall formulate rules and regulations on student discipline, subject to review and approval by the Board through the President of the ZSPSC.
It shall exercise disciplinary power over students of the ZSPSC and shall formulate academic policies and rules and regulations on discipline, subject to the approval of the Board.
Section 14. Academic Freedom. - The ZSPSC shall enjoy academic freedom and institutional autonomy pursuant to Paragraph 2, Section 5 of Article XIV of the Constitution.
Section 15. The Faculty. - No political belief, sex, gender, cultural or community affiliation, ethnic origin, nor religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the ZSPSC: Provided,That said appointment shall be subject to the guidelines, qualifications and 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 religious denomination.
Section 16. Scholarship Programs and Admission. - The ZSPSC shall provide a scholarship programs and other affirmative action programs to assist poor but deserving students who qualify for admission to the ZSPSC. No student shall be denied admission to the ZSPSC by reason of sex, gender, religion, cultural or community affiliation or ethnic origin, or any other forms of discrimination.
Section 17. Loan or Transfer Supplies, Apparatuses, or Equipment, or Detail of Personnel of the ZSPSC. - Heads of national government agencies and instrumentalities may, upon the request of the Board through the President of the ZSPSC, loan or transfer supplies, apparatuses, or equipment, or detail personnel to the College: Provided, That such loan, transfer or detail shall not be detrimental to public service.
The personnel to be detailed to the College shall perform such duties as required of them by the President of the ZSPSC and the time spent for such duties shall be counted as part of the detailed personnel's regular service.ℒαwρhi৷
Section 18. Assets, Liabilities and Personnel. - All assets, real and personal, personnel and records of the ZSSAT, as well as liabilities or obligations, are hereby transferred to the ZSPSC: Provided, That the positions, rights and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into a College shall be respected.
All parcels of land belonging to the government occupied by the ZSSAT are declared as property of the ZSPSC, and shall be titled under its name: Provided, that all parcels of land of the ZSPSC shall revert to the original owner or donor, or the Republic of the Philippines, in the vent that the College ceases to exist or be abolished, or should the said parcels of land be no longer needed by the ZSPSC: Provided, further, That such reversion shall not impair obligation of contracts.
Section 19. Duty and Tax Exemptions. - The importation of books or publications, instruments, equipment, and apparatuses, which are for economic, technical-vocational, scientific, medical, philosophical, historical, legal or cultural purposes made by the ZSPSC, upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of RA No. 10863, otherwise known as "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 College, shall be exempt from donor's tax and the same shall be allowed as allowable deduction from the gross income of the donor 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.
Section 20. Compliance with CHED Requirements. - The provisions of this Act notwithstanding, the conversion of the ZSSAT into a state college 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 CHED Memorandum Order No. 46, series of 2012 (Policy Standards to Enhance Quality Assurance in Philippine Higher Education, through the Outcomes-Based and Typology-Based QA): Provided, That the panel may issue such a recommendation when the institution has substantially complied with the requirements for the grant of college status.
The following operational requirements for a university, as established by the CHED, shall be complied with:
(a) Employment of full-time, permanent faculty members who posses relevant degrees in their areas of specialization, as required by the CHED, with experience in the subject areas they handle;
(b) Offering of a comprehensive range of degree programs characterized by a core curriculum that holistically develops thinking, problem solving, decision-making, communication, technical, and social skills in line with the mission of the ZSPSC;
(c) Establishment and maintenance of comprehensive learning resources and support structures that are appropriate for developing knowledge and skills in the specific natural science, social science, humanities, and professional disciplines offered by the ZSPSC, including laboratories, books and journals;
(d) Maintenance of linkages with the community that would ensure the development of relevant academic and extension programs and the application of their learning outcomes; and
(e) Conduct of outreach programs involving students in social development-oriented experiences that allow them to contextualize their knowledge within actual social and human experiences.
The CHED, through its regional office, shall regularly provide technical assistance to the ZSPSC and monitor its compliance with the requirements of the Commission.
The ZSSAT shall retain its status prior to the effectivity of this Act until it is able to comply with the requirements provided herein.
Section 21. Development Plan and Organizational Structure. - Within a period of one hundred twenty (120) days after the approval of this Act, the ZSPSC shall accomplish the following:
(a) Submit a five (5)-year development plan, including its program and budget to the CHED for recommendation to the DBM;
(b) Submit the revised Land Use Development and Infrastructure Plan (LUDIP) in accordance with RA No. 11396, otherwise known as the "SUCs LUDIP Act";
(c) Undergo a management audit in coordination with the CHED; and
(d) Set up its organizational, administrative, and academic structure, including the designation of the key officials and other administrative personnel of the ZSPSC.
Section 22. Filing of Report. - On or before the fifteenth (15th) day of the second (2nd) month after the opening of the regular classes each year, the Board shall file a detailed report on its compliance with the requirements for a college with the Office of the President of the Philippines and both Houses of Congress, through the Chairperson of the CHED.
Section 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 ZSSAT. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
Section 24. Suppletory Application. - The provisions of Republic Act No. 8292, otherwise known as the "Higher Education Modernization Act of 1997', shall form part of this Act.
Section 25. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the Board, in consultation with the CHED, shall issue rules and regulations to implement its provisions.
Section 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.
Section 27. Repealing Clause. - All other laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are amended, repealed or modified accordingly.
Section 28. Effectivity. - This Act shall become effective fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.
Approved,
(SGD.) FRANCIS "CHIZ" G. ESCUDERO
President of the Senate |
(SGD.) FERDINAND MARTIN G. ROMUALDEZ
Speaker of the House of Representatives |
This Act, which originated in the House of Representatives, was passed by the House of Representatives on November 22, 2023, amended by the Senate of the Philippines on June 3, 2025, and which amendments were concurred in by the House of Representatives on June 9, 2025.
(SGD.) RENATO N. BANTUG, JR.
Secretary of the Senate |
(SGD.) REGINALD S. VELASCO
Secretary General House of Representatives |
Approved: Lapsed into law on SEP 07 2025 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution
FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines
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