Alphans earned top places during the First UP Law Dean’s Cup Triathlon last August 30.

Brod Mark Anthony “Marko” Samson ’93 was first in the Alumni Category while Brod Timothy Joseph “TJ” Isla ’99 finished seventh over-all and first in the Fraternity Category. Brod Rafael Guillermo ’06 placed second over-all.

Resident and alumni brods also participated in the relay race and fun run around the UP Diliman campus.

The Dean’s Cup Invitational Triathlon and Fun Run with the theme “Swim, Bike, Run for Peace Based on Justice” was organized to raise funds for the Office of Legal Aid (OLA). The OLA “houses the clinical education program of the College of Law.” Funding for OLA is crucial since providing “free legal assistance to indigent litigants” has become too costly. Students taking their internship here have been forced to shell out their own money for processing documents and transportation during the course of the program.

Also, the Dean’s Cup was an opportunity for the three biggest fraternities in the College to work together for the event as co-presentors together with the UP Law Class of 1984 and the Law Student Government.

With the success of the First Dean’s Cup, the Fraternity together with the UP Law community looks forward to next year’s festivities.

UP Law Student Government

RISE 2009: Bar Operations Commission

Alpha Phi Beta Fraternity

and

G.S.M. Blue

in cooperation with

BIG ACE Poker Club

presents
APEX: The UP Law Kickoff Party

4TH OF JULY 2009

CLUB CIRCA, EASTWOOD CITYWALK LIBIS

HIPHOP, DANCEHALL and CLUB music featured all night

Tickets at P250 (pre-event) / P300 (door sales)

Available outside the Malcolm Hall Library

or contact Tina (09178848462) or Dan (09194776575)

And who would beg to differ? After all, Lord Chancellor Sen. Francis Joseph G. Escudero possesses the intelligence, wit, and sincere desire to reach out to people of different walks of life—a likable man indeed. The event was in itself a celebration of a man whom many admire and put their hopes on to bring about a much-needed change in the country. It was also a way of introducing LC Chiz to his supporters as AVPs of his personal and family background were shown and testimonials about him were given.

Resident and alumni brods joined childhood friends, classmates from preschool to Law school, associates, student organizations, and ordinary people, as the Friends of Chiz, Inc., a growing network of supporters from all over the country who “believe that the idealism and visionary leadership of the youth is a most powerful force for meaningful change,…in principle leadership,… (and) in the imperative for change…in the future of our politics.”

The organization is led by Brods Rogelio D. Garcia ’55 as Chairman, Ramon S. Esguerra ’75 as President, Anthony T. Dogillo ’55 as Treasurer, and Pablito M. Rojas ’55 as Corporate Secretary. Brods Novato T. Cajigal ‘54, Hermenigildo C. Dumlao ‘54, Hesiquio R. Malillin ‘73, Rolando M. Rivera ’53, Eduardo R. Robles ‘66, Conrado D. Soriano ‘72, and Henry R. Villarica ‘66 are also members of the Board of Directors.

LC Chiz Revealed

LC Chiz was born on October 10, 1969 in Manila to former Agriculture Sec. Salvador Escudero III and Evelina Guevara. He grew up at Project 6, Quezon City and lived there for 28 years.

The University of the Philippines became his second home from elementary to high school (graduated 1985) to his undergrad years (AB Political Science) to Law School (graduated 1993). At UP Law, he became Secretary General of the Association of Law Students of the Philippines and a member of the Order of the Purple Feather.

While at Law School, LC Chiz joined the Alpha Phi Beta Fraternity in 1990. The following year, he represented the Fraternity at the UP Open Debate where he clinched his very first victory as a debater. From here on out, his potent talent in public speaking and debate was tapped and developed. “But I didn’t have the gift; I was forced into public speaking by the Fraternity,” said LC Chiz in an interview with Manifesto Magazine.

After graduating from UP Law, he went on to earn his Masters in International and Comparative Law as a scholar from the prestigious Georgetown University Law Center in the United States. He then became a junior associate, a legal consultant, and senior Law lecturer at UP, Ateneo de Manila University and Aemilianum College in Sorsogon.

At 28, he became Representative of the First District of Sorsogon. The following year, he married theater actress Christine Elizabeth Flores. From the very start of their marriage, LC Chiz wanted to point out that public service was the kind of world they as a couple would be involved in.

During his second term in the House of Representatives, he became Majority Floor Leader and then became the official spokesperson of the late Fernando Poe Jr. during the 2004 elections. He continued to serve his final term as the Minority Floor Leader.

Three years later, at 37, he became Senator with the second highest number of votes. He is currently Chair of the Committees on Justice and Human Rights, Constitutional Amendments, Banks and Finance Intermediaries, and Revisions of Laws and Electoral Reforms. It was also in the same year when he became proud father to fraternal twins Maria Cecilia and Joaquin Cruz.

To add to his long list of achievements, LC Chiz has been conferred as one of the Ten Outstanding Young Men of the Philippines in 2005. He also became the only Filipino named as one of Asia’s Idols by the Asian News Network. He was also recognized as one of the Young Global Leaders of 2008 by the World Economic Forum.

Dreaming Big

LC Chiz did not fail to inspire those in attendance to dream big. Dispelling rumors that he aims to run for Vice-President in the upcoming elections, LC Chiz said, “(L)ibre ang mangarap…at kung mangangarap ka man lamang, (mangarap ka nang malaki).”

Rebutting critics that point to his age as his weakness, LC Chiz said that he fears growing old into politics. He points out the notion that the longer one stays in politics, the “longer one’s horns grow.”

He also displayed the wit and humor he has become known for. Pointing out the significance of the Alpha Phi Beta in his life, he said, “Dalawang dahilan kung bakit ‘Brod’ ang tawagan…Brod dahil kapatid ang turing—parehong pinanggalingan, iisang organisasyong kinabibilangan…at Brod dahil hindi alam ang pangalan.”

As for his family, he hopes to move in a new home where his kids could play in the grass. “Narinig ko may garden daw sa Malacañang,” he said.

Kidding aside, all eyes are now set on Lord Chancellor Sen. Francis G. Escudero.  The road ahead may be filled with all sorts of obstacles from different sides. But LC Chiz can be assured that with friends like his and the Fraternity always by his side, his dream to bring change to the country will one day be a reality.

Four Brothers Exemplar were selected to represent the 2000s. They are:  Brod Hans Christian Maaño Señeres 2000, Brod Arveen Napili Agunday 2002, Brod Archimedes Bardolaza Gonzalez 2002, and Brod Carlo Urriza Olivar 2004.

BUHAY Party List Representative and Vice Chair for the House Committee on Foreign Affairs Brod Christian Señeres was born on March 3, 1976 in Makati. He spent most of his childhood here in the Philippines before his family moved to the United Arab Emirates in 1985. In 1990, he entered the South Lakes High School in Virginia, USA, where he graduated in the top ten percent of his class and was consistently in the honor roll for eleven semesters. It was also there where he received the 1992 Science Exposition Silver Ribbon, the Certificate of Merit from the Spanish Honor Society and the President’s Award for Educational Excellence from President Bill Clinton and became a member of the National Business Honor Society and the Mu Alpha Theta Honor Society. In 1995, he was inducted into the Order of the Hook of the United States Navy aboard its flagship, the USS Independence. He pursued a Bachelor’s Degree in Financial Management from Southeastern University in Washington, DC where he graduated magna cum laude in 1998. He also became a member of the International Institute of Certified Financial Planners and was employed by the PRC Corporation in Reston, Virginia and American Legal Systems in Herndon, Virginia. He then entered the University of the Philippines College of Law and joined the Fraternity. As an Alphan, he organized the Nationalist Leadership Council, composed of members of various fraternities and sororities in the UP, Ateneo de Manila University and the San Beda College of Law. He then finished his studies in the Northwestern School of Law where he earned his Juris Doctor degree. For his “firm and clear stand for the fundamental truths upon which our Constitution is anchored,” he was conferred Blessed Pedro Calungsod Pro-Vita Medal by Cebu Archbishop Ricardo Cardinal Vidal in 2004 and a Plaque of Appreciation from Human Life International “in recognition of his uncompromising and unrelenting advocacy in Congress for the protection of the rights of the unborn, of authentic rights of the family, and for his fidelity to the public trust and the demands of Christian citizenship.” He has also become one of the most supportive Brods and has served as the Chancery’s Director for Resident Brods’ Affairs.

Brod Arveen Agunday was born on October 16, 1980 in Guinobatan, Albay. He graduated AB Political Science at the Ateneo de Manila University and entered UP Law in 2001. He was elected as the Law Representative to the University Student Council from 2003-2004 and became the Chair of its Student Legal Aid and Action Committee. He was also a champion debater and brought home the bacon in the 2003 Pi Sigma Open Debate Championship. The next year, he became President of the UP Law Debate Union. He passed the 2006 Bar Examinations and is now an associate in Castillo Laman Tan Pantaleon and San Jose where his practice areas include Litigation, Labor Law and Corporate Law.

FLC Archimedes Gonzalez graduated cum laude from the University of Sto. Tomas with a degree in Legal Management. In his first two years in the College of Law, he worked as a Graduate Assistant and Staff Writer in the Internet and Society Program of the UP Law Center while being in the top twenty of his class. During the same period, he also worked as a research assistant to retired Justice Vicente V. Mendoza and Prof. Ma. Lourdes Sereno of the UP College of Law. Since 2004, he has been working full time as the Chief Finance Officer/ Legal Staff Member of Senator Miriam Defensor Santiago. He was elected Law Representative to the USC and Secretary of the UP Law Debate Union in 2005. The following year, he became Lord Chancellor. His term saw the successful holding of the Alphan National Convention and a 100% passing rate of Brods who took the Bar Examinations. He was also an excellent debater. He concurrently served as President of both the Thomasian Debaters’ Council (varsity debate organization of UST) and the UST Legal Management Society. He also won various awards which include: Champion, UP College of Law Dean’s Cup Debate Tournament (2002); Champion, Crossfire Debate Competition (2002); Champion and Best Debater of the Year, 3rd ORALS British Parliamentary Debate Competition; Best Debater, Alpha Phi Beta vs. Aquila Legis Debate Exposition (2003); 2-Time Winner in the NBN Sigaw ng Kabataan Debate Series; Finalist, 3rd National Debate Championships; Quarterfinalist, 9th All Asians Inter-Varsity Debate Championship. FLC Archie recently passed the 2008 Bar.

FLC Carlo Olivar earned his BS Accountancy degree from UST where he served as President (2002-2003) and Treasurer (2000-2002) of the Thomasian Debaters Council. He was also a member of the Junior Philippine Institute of Accountants (JPIA). In 2002, he was a finalist in the Procter & Gamble Student Excellence Awards. In the UP College of Law, FLC Carlo excelled as a student leader and served the Class President of Block A 2008 from 2004 – 2006. He was the Finance Team Leader of the UP Law Student Government (LSG) Bar Operations 2005. He also worked under Brod Antonio R. Bautista as a Legal Research Assistant. He was also a top notch debater. He was a member of the UP Law Debate Union and a finalist in the Pi Sigma Debate Championships of 2004. He also participated in various competitions such as the 3^rd, 4^th and 6^th National Debate Championships, the 6^th and 8^th All-Asians Inter-Varsity Debate, the 2^nd Inquirer Intercollegiate Debating Championship as an adjudicator or as one of the finalists.

The night was a fitting a tribute to the Exemplars and a reminder that Alphan, no matter the age, are always called for greatness.

Section 1. Title. - This document shall be known as the Magna Carta of Students of the University of the Philippines (“The Magna Carta”).

Section 2. Coverage. – The Magna Carta shall apply to the University of the Philippines in Diliman and its extension program in Pampanga.

Chapter I: General Principles

Section 3. Declaration of Principles. – Consistent with the principles enumerated in The University of the Philippines Charter of 2008 (Republic Act No. 9500), as well as the basic tenets of academic freedom, fundamental rights, and democratic liberties, particularly those which find resonance in the context of academic and educational communities, it is hereby declared the policy of the University that:

1. The thrust of the University of the Philippines or Tatak UP is to inculcate among its students an unwavering commitment to the highest standards of academic excellence coupled with a deep and meaningful national consciousness befitting their stature as scholars of the National University. It shall be the duty of the University to produce graduates who are equipped with the intellectual preparation and sense of patriotism needed for them to become leaders in their chosen professions and vocations and to be catalysts of social justice and development. Towards this end, the University shall endeavor to foster creativity, critical thinking, resourcefulness, leadership skills, as well as socio-political consciousness, rights awareness and rights responsiveness, and a sense of national responsibility and civic duty among its students in an academic community that observes and protects the democratic rights and processes of students and student organizations.

2. The students’ right to participate actively and effectively in processes which effectuate progressive and developmental reforms within the University shall always be recognized and shall never be subjected to arbitrary and unlawful restrictions subversive to the students’ fundamental democratic rights. The students, the student organizations, and the University administration shall regard each other as indispensable and collaborative partners in all efforts to preserve, protect and advance the rights and welfare of students.

3. Student organizations shall develop in line with the University’s vision and mission, and serve as exemplars and advocates of democratic processes on campus. Membership and active participation in student organizations, alliances, and federations that promote and protect student rights and welfare, and contribute to national development shall be guaranteed by all members of the University community.

4. Student organizations shall not be subjected to rules and regulations that unduly hamper their activities and are prejudicial to their objectives and interests. Towards this end, it shall be the policy of the University that administrative regulations that impact on the organization, formation, and operations of student organizations shall not be adopted and promulgated without adequate consultation with affected sectors of the University.

5. The University Student Council and college student councils, being representatives of the studentry, shall have the right to participate in the formation of school policies directly affecting the students. The University administration, in all matters affecting the rights and welfare of students, shall recognize and respect the mandate of student representatives and engage them in meaningful consultation and dialogue.

6. The Philippine Collegian, college publications, and other student publications shall continue to enjoy guaranteed rights of editorial, management, and fiscal autonomy. The University hereby declares it a policy to provide all the necessary and sufficient conditions for the effective and full exercise of the students’ freedom of expression through the medium of the student press, in recognition of the niche earned by alumni and alumnae of the University in the history of the campus press movement and the defense of human rights and liberties even during eras of state repression.

7. With their democratic rights guaranteed, students of the University shall serve as potent forces in the country’s national transformation by being at the forefront of the student movement and being advocates of student rights and welfare in partnership with their colleagues and contemporaries.

Section 4. Definition of Terms. – Unless otherwise provided for in the Magna Carta, all terms used shall have their meanings and usage defined in Republic Act No. 9500 (“The University of the Philippines Charter of 2008”).

Chapter II: Student Rights

Section 5. Right against discrimination in educational institutions. – (a) Subject to fair, reasonable and equitable admission requirements, no student shall be denied admission, expelled from the University, punished with disciplinary action, or denied welfare services, scholarships and other privileges on the basis of his/her physical handicap, socio-economic status, political and religious beliefs, sexual orientation, or membership in student organizations. Pregnant students, certified reformed drug abusers, and students with HIV/AIDS shall not be discriminated against.

(b) A student shall have the right to freely choose his/her field of study subject to existing academic policy and curricula, and to continue his/her course up to graduation except in cases of academic deficiency or violation of disciplinary regulations that do not infringe upon the exercise of student rights. For this purpose, the University administration shall undertake to inform students of the rules and regulations regarding academic matters as well as student conduct and discipline in a manner consistent with the requirements of due process. Changes in such rules and regulations, other than those of purely administrative nature, shall be adopted only after prior consultation with concerned and affected students.

Section 6. Right to competent instruction and relevant quality education. – Every student shall have the right to competent instruction and quality education. To achieve this goal, the University is required to enforce a written evaluation of the performance of faculty members by students at the end of every semester, the results of which shall be an essential basis for the retention and promotion of the faculty member. The University, in the interest of preserving the integrity and effectivity of this evaluation mechanism, shall undertake sufficient measures to ensure that students will not be unduly prejudiced as a consequence of their participation in such evaluations.

Section 7. Right to organize. – (a) Unity and collective effort being fundamental to the realization of common goals and the promotion and protection of common interests, the University recognizes the right of students to organize among themselves. The right of students to form, assist, or join organizations, alliances, or federations along their physical, intellectual, moral, cultural, civic, spiritual, and political interests shall not be abridged.

(b) The University Student Council, in coordination with the Office of Student Affairs, shall take charge in the accreditation of student organizations. No unreasonable requirements shall be imposed on student organizations seeking recognition. Any group of fifteen (15) students, and at least five (5) officers may apply for accreditation of their organization at the beginning of the first semester. The guidelines for accreditation of student organizations shall be formulated jointly by the University Student Council and the heads of all student organizations.

(c) The Office of Student Affairs shall have the mandate to implement the guidelines and mediate in conflicts emerging from the accreditation process. Until guidelines for accreditation shall have been formulated, student organizations shall be granted accreditation upon the submission of a formal letter of application, constitution and bylaws, a list of officers with their names, respective positions, majors, year levels, addresses and telephone numbers, birthdates, specimen signatures, and certified true copies of their Form 5, list of at least fifteen (15) members with their names, respective positions, majors, year levels, addresses and telephone numbers, birthdates, specimen signatures, and certified true copies of their Form 5, certification of a faculty adviser, and proposed activities for the academic year.

(d) The administration shall endeavor to provide, free of charge, a hall or building to house the offices of student organizations within the premises of the University. Furthermore, whenever possible, the school administration shall allow student organizations to use school facilities free of charge, or at such discounted rates as may be sufficient to cover only the necessary maintenance and upgrading expenses.

(e) Acts that impair the right of students to organize are prohibited:

1. Signing of waivers or similar documents that use membership to any organization as a basis for admission to or expulsion from schools, including the imposition of disciplinary actions;

2. Discriminatory policies in the assignment of school facilities and in granting other privileges to student organizations; and

3. Excessive charges for the use of school facilities.

Section 8. Right to adequate welfare services and academic facilities. – It shall be the responsibility of the administration to provide students with adequate welfare services and academic facilities. These services and facilities shall include, but should not be limited to:

1. Free annual physical check-up to the students, free access to emergency medical and/ or first aid procedures at the University Infirmary, and discounted rates of drugs and other medicines at the University Infirmary’s pharmacy;

2. Adequate and up-to-date laboratory, library, research, recreation and physical education facilities, as well as access to the internet and other modern means of academic research;

3. Communications system to ensure that students are promptly notified of letters and other relevant information; and

4. Adequate, safe and clean housing facilities, such as dormitories, for students inside campuses. The administration may accredit out-of-campus dormitories in case existing in-campus dormitories are inadequate to accommodate additional students.

Section 9. Right to information. – The right of students to information on matters affecting their welfare shall be recognized. Therefore, the University Student Council, student organizations, and individual students shall have access to the school’s official acts, transactions, or decisions subject only to reasonable regulations.

Section 10. Right to freedom of expression. – (a) Students shall have the right to freely express their views and opinions. They shall have the right to peaceably assemble and petition the government and the University for the redress of their grievances. No regulation shall be imposed violating or abridging the student’s right to assembly, except regulations as to time, manner, and place, and only on the basis of the protection of the rights of other members of the academic community in the presence of clear and present danger.

(b) Students shall have access to print and broadcast media in their information activities. They shall also have the right to print, circulate and/or mount leaflets, newsletters, posters, wall news, petitions and such other materials. The administration shall ensure the provision of facilities such as bulletin boards for the mounting of the aforementioned materials.

(c) The administration is required to designate ”Freedom Squares” within University premises where students can express their grievances or organize activities without undue interference from University and/ or national authorities except only in cases involving violation of the laws or damage to human life or property.

Section 11. Academic freedom. – Students’ academic freedom shall consist of, but not limited to, the following:

1. To conduct researches in connection with academic work, and to freely discuss and publish their findings and recommendations;

2. To conduct inquiry within the campus in curricular and extra-curricular activities;

3. To choose a field of study and to pursue the quest for truth; to express their opinion on any subject or public or general concern which directly or indirectly affects the students of the educational system;

4. To invite off-campus speakers or resource persons to student-sponsored assemblies, fora, symposia, and other similar activities;

5. To express contrary interpretations or dissenting opinions inside and outside the classroom, without being subjected to undue prejudice from authorities;

6. To participate, through their respective College Student Councils, in the drafting of a new curriculum and in the review or revision of the old, as well as in other policy and decision-making processes which directly impact their academic life;

7. To participate, through the University Student Council, in the drafting and/or revising of the Magna Carta, or of any student handbook or code, a copy of which shall be furnished the students upon admission to the University; and

8. To be free from any form of indoctrination leading to imposed ideological hegemony.

Section 12. Right against illegal searches and seizures. – (a) Except for the following instances, any form of unreasonable search and seizure shall be illegal:

1. Searches made at the point of ingress and egress by authorized personnel of the University or of the College;

2. Searches and seizure of articles deemed illegal under existing laws falling in the plain view of duly authorized personnel;

3. Searches and seizures of articles that are illegal, discovered inadvertently by duly authorized personnel;

4. Searches made when the student is about to commit, is committing or has just committed a crime or a serious infraction of the University’s rules and regulations; and

5. Searches made with a valid search warrant.

(b) Articles seized in violation of the hereinabove provided rights shall not be used as evidence against the student in any disciplinary action that may be brought against him/her.

Section 13. Access to school records and issuance of official certificates. - Every student shall have access to his/her own school records, the confidentiality of which the school shall maintain. He/She shall have the right to be issued official certificates, diplomas, transcripts of records, grades, transfer credentials and other similar documents within thirty (30) days from the filing of request and accomplishment of all pertinent requirements.

Section 14. Right to privacy. - The privacy of communication and correspondence among students shall remain inviolable.

Section 15. School fees and other tariffs. - (a) Except those approved by their own student organizations, all involuntary contributions shall be prohibited.

(b) In releasing documents, academic records, and similar certifications, schools are prohibited from imposing fees beyond the actual cost of reproducing the documents.

(c) Minimum standards in consultation shall be strictly observed in imposing tuition and other fee increases. To this end, no tuition and other fee increase shall be allowed unless the following procedures are observed:

1. Posting of notice of increase in tuition and other fees an academic year prior to the implementation of the proposed increase. The University Student Council shall be directly notified on the proposed increase;

2. At least one University Convocation shall be held with the students to discuss the proposed increase. This shall be attended by the University President or the Chancellor and at least one member of the Board of Regents other than the Student Regent. Additional convocations shall be scheduled as the necessity arises;

3. All documents pertaining to the proposed increase shall be made available to be inspected by any student. Refusal of the University to show its audited financial documents, records, studies and simulations that form the bases of the proposed increase, and other documents for student inspection shall mean an automatic denial of its proposal for increase; and

4. Prior to the final approval of the proposed increase, the students, through the University Student Council or their respective College Student Councils, shall be allowed to present their position to the Board of Regents on the proposed increase.

Section 16. Right to Representation. – (a) The University shall recognize the right of students to be represented, through the University Student Council, in all policy-making bodies handling issues that affect them. The University Student Council, through its designated agents, shall sit as a non-voting observer in the University Council and in all its committees and bodies. It shall be allowed to participate in the deliberations and discussions of the University Council.

(b) The University Student Council can meet with the Chancellor and the Executive Committee every semester to discuss pertinent university issues. In addition, the University Student Council shall have access to the minutes of the meetings of the University Council, its committees and bodies, and of the Chancellor’s Executive Committee

Chapter III: The University Student Council

Section 17. University Student Council. – The University shall ensure the democratic and autonomous existence of the University Student Council. The University Student Council shall have its own set of officers elected in annual popular elections.

Section 18. Charter of the University Student Council. – (a) The University Student Council shall have a charter crafted by the head or representatives of all recognized student organizations and ratified through a two-thirds (2/3) vote by all students that shall lay down the organization, functions, and responsibilities of the University Student Council.

Until provided otherwise, the existing constitution of the University Student Council shall remain in full force and effect.

(b) The University Student Council shall have the right to determine its policies and programs on student activities subject to its charter and to school rules and regulations provided that the latter does not infringe on basic the rights and freedoms of students.

Section 19. Funds of the University Student Council. – There shall be a fee to be collected from students to finance the operations of the University Student Council, the amount of which shall be determined by the University Student Council in consultation with the heads of recognized student organizations. The administration shall collect the University Student Council fee during the enrolment period every semester, and shall turn over the collected amount to the University Student Council fifteen (15) days after the end of the enrolment period, Provided that, the University Student Council shall issue a financial report at the end of every semester.

Section 20. College Student Councils. – (a) Student councils in different colleges, schools, and degree-granting units shall be established as autonomous and self-governing bodies to represent the students in their respective jurisdictions.

(b) The college student councils shall have their respective charters or enabling rules of establishment, Provided that, in the absence of such charters or enabling rules, the college student councils shall adopt the Charter of the University Student Council in toto or in a suppletory manner.

Chapter IV: The Philippine Collegian

Section 21. The Philippine Collegian. – There shall be established the Philippine Collegian as the official student publication of the University, in accordance with Republic Act No. 7079 (“The Campus Journalism Act of 1991”), and other existing rules and policies promulgated by the Board of Regents.

Section 22. Rules governing the Philippine Collegian. – (a) The Philippine Collegian shall have a body of rules crafted either by any student, the Editorial Board, or both, and ratified through a simple majority vote by the Board of Regents. The rules shall lay down the organization, functions, and responsibilities of the Philippine Collegian.

Unless provided otherwise, the existing rules governing the Philippine Collegian shall remain in full force and effect.

(b) The Philippine Collegian shall have the right to determine its policies and programs, and enjoy editorial autonomy, other rights stipulated in Republic Act No. 7079, and other existing rules and policies.

Section 23. College publications. – There shall be established college publications in different colleges, schools, and degree-granting units in the University. The college publications shall enjoy the same rights as those of the Philippine Collegian, subject to the limitations imposed by their own charters or enabling rules.

Section 24. Other student publications. – Other student publications, including but not limited to organizational newsletters, special interests publications, pamphlets, and others not classified under the preceding sections shall be established by any student or student organizations without prior approval of University administration. These publications shall enjoy editorial and fiscal autonomy, and shall be free from prior restraint and censorship.

Chapter V: Student Discipline

Section 25. Right to due process. – The right to due process of students subjected to disciplinary proceedings shall be strictly observed and respected. Any disciplinary sanction that maybe taken against a student shall not be valid unless the following rights have been accorded the student:

1. The right to be informed in writing of the nature and cause of the accusation against him/her;

2. The right to confront witness against him/her and to full access to the evidence in the case;

3. The right to defend himself/herself, and in cases of minors, to be defended by a representative or counsel of his/her choice, adequate time being given to him/her for the preparation of his/her defense;

4. The right to a hearing before the appropriate disciplinary bodies;

5. The right against self-incrimination;

6. The right to appeal adverse decisions of the disciplinary bodies to the appropriate administration levels, and ultimately to the proper courts; and

7. The right to confidentiality of proceedings.

Section 26. Disciplinary proceeding. – The decision in any disciplinary proceeding must be rendered on the basis of relevant and substantial evidence presented at the hearing, or at the least contained in the record and disclosed to the student affected. The deciding body should, in all controversial questions, render its decision in such a manner that the issues involved, and the reasons for any decision rendered are made clear to the student.

Section 27. Nature of disciplinary action. – Disciplinary sanction shall be corrective rather than punitive in nature. The gravity of disciplinary sanctions must be proportionate to the seriousness of the violation committed. In the imposition of disciplinary sanctions, University authorities shall operate on the principle that the University is primarily an academic institution, and that the exercise of disciplinary authority is but incidental to its primordial function. As such, efforts must be exerted not to treat disciplinary proceedings as retributive mechanisms but remedial measures to reestablish the harmonious academic environment breached by the misconduct of the student. Reintegration into the academic community must inform, guide, and animate all decisions and resolutions of disciplinary bodies.

Section 28. Disciplinary bodies. – There shall be two (2) disciplinary bodies covering different jurisdictions: the Student Disciplinary Council and the College Disciplinary Council.

Section 29. The Student Disciplinary Council. - There shall be a Student Disciplinary Council to be composed of a Chairperson, who shall be a member of the Philippine Bar to be appointed by the Chancellor, seven (7) faculty members holding regular appointments to be endorsed by the University Council, and seven (7) students of good academic and disciplinary standing to be endorsed by the University Student Council. The Student Disciplinary Council, sitting en banc or, in its discretion, in divisions of five, shall conduct investigations into and decide on cases of student violations of disciplinary standards. The Student Disciplinary Council shall formulate the guidelines for the imposition of the disciplinary proceedings.

The Chairperson shall hold a non-renewable term of three (3) years, the faculty members for two (2) years, and student members for one (1) year.

Section 30. Jurisdiction of the Student Disciplinary Council. – The Student Disciplinary Council shall hear and resolve cases involving serious misconduct, excluding intellectual dishonesty, and less serious misconduct involving more than one college. The list of violations and penalties thereto is hereby attached as Annex A, and is made an integral part of the Magna Carta.

Section 31. The College Disciplinary Council. – There shall be a College Disciplinary Council to be composed of a Chairperson appointed by the Dean of the College, three (3) faculty members to be endorsed by the college faculty, and three (3) students to be endorsed by the college student council. The College Disciplinary Council, sitting en banc or, in its discretion, in divisions of three, shall conduct investigations into and decide on cases of student violations of disciplinary standards. The College Disciplinary Council shall formulate the guidelines for the imposition of the disciplinary proceedings.

Members of the College Disciplinary Council shall have the same qualifications and terms of office as members of the Student Disciplinary Tribunal.

Section 32. Jurisdiction of the College Disciplinary Council. – The College Disciplinary Council shall hear and resolve cases involving serious misconduct, excluding intellectual dishonesty, and less serious misconduct involving a particular college. The list of violations and penalties thereto is hereby attached as Annex B, and is made an integral part of this Magna Carta.

Section 33. Alternative Dispute Resolution. – (a) In cases of less serious offenses involving more than one college, the Student Disciplinary Council shall offer parties to undergo alternative dispute resolution. If both parties agree, the Chairperson of the Student Disciplinary Council shall appoint a mediator from among the members of the University Council. The mediator shall sign an undertaking disclosing any relationship with any of the party involved.

(b) In cases of less serious offense involving one college, the College Disciplinary Council shall offer parties to undergo alternative dispute resolution. If both parties agree, the Chairperson of the College Disciplinary Council shall appoint a mediator from among the members of the University Council. The mediator shall sign an undertaking disclosing any relationship with any of the party involved.

Section 34. Appeal. – (a) Decisions made by the Student Disciplinary Tribunal shall be appealable to the University Council. The appellant shall have fifteen (15) working days from receipt to appeal the decision of the Student Disciplinary Council.

(b) Decisions made by the College Disciplinary Tribunal shall be appealable to the College Faculty Council. The appellant shall have fifteen (15) working days from receipt to appeal the decision of the College Disciplinary Council.

Section 35. Appeal to the Board of Regents. – In disciplinary cases where the penalties ranging from expulsion, dismissal, suspension of at least one semester, and withdrawal of graduation degrees have been affirmed by the University Council, the decision shall be appealable to the Board of Regents. The appellant shall have fifteen (15) working days from receipt to appeal the decision of the University Council.

Section 36. Withdrawal of Appeal. - The appellant shall reserve the right to withdraw any pending appeal before higher disciplinary bodies at any time, in which case, the decision of the disciplinary body appealed from shall be deemed ipso jure final and executory, with all the necessary and appurtenant legal consequences thereof.

Chapter VI: Intellectual Dishonesty

Section 37. Intellectual dishonesty. - The faculty has exclusive jurisdiction over matters of intellectual dishonesty. The faculty has the right to define standards of intellectual honesty on students, and exact norms of academic scholarship. The faculty considers acts of intellectual dishonesty as violations of academic integrity.

Section 38. Duties of the academic community. – Any member of the academic community, student and faculty members alike, has the duty to report any violation of intellectual dishonesty. The complaint shall be made either verbally or in writing.

Section 39. The University Council. – Upon receipt of a complaint against any member of the academic community who allegedly committed intellectual dishonesty, the University Council shall convene an independent panel composed of five (5) members from among its ranks. The independent panel shall be faculty members from colleges and/or units other than that of the accused. The panel shall elect a Chairperson from among themselves.

The independent panel shall be vested with powers to investigate and ascertain the validity of the complaint. It shall be invested with the required powers to discharge its duties, including but not limited to, (1) invite the parties, including possible witnesses, and (2) request for documents and other evidences to aid its investigation. It shall have a maximum of sixty (60) working days to complete its investigation.

After its investigation, the panel shall give its written report and recommendation to the University Council. The University Council shall have fifteen (15) days upon receipt of the report to either affirm or revoke the recommendation.

Section 40. Appeal. – Any decision made by the University Council is appealable to the Board of Regents. The appellant shall have fifteen (15) working days upon receipt to appeal the decision of the University Council.

Chapter VII: Final Provisions

Section 41. Approval through Student Plebiscite. – The Magna Carta shall be ratified through a plebiscite of all students in the Diliman and Pampanga campuses. The Magna Carta shall enter into force upon an affirmative vote of simple majority of all students.

Section 42. Administration and Enforcement. – Within thirty (30) days after the approval of the Magna Carta, all sectors of the University, namely the administration, the faculty, the non-teaching staff, and the students shall promulgate the necessary rules and regulations to implement the provisions of this document.

Section 43. Separability Clause. – If any provision of the Magna Carta is declared invalid, the remainder thereof not affected thereby shall continue to be in force.

Section 44. Effectivity. – The Magna Carta shall take effect the semester after its approval.

The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well- meaning but without understanding. - Justice Brandeis, dissenting, Olmstead v. United States, 277 US 438 (1927)

At the onset, the Alpha Phi Beta Fraternity of the UP College of Law believes that there is a need to harmonize existing rules covering the welfare and conduct of the students.

We further believe that as UP students, we must be allowed to exercise rights and reasonable prerogatives that will allow us to grow and mature, in preparation for the world outside the University. The changing milieu of the national and global scenes demands that UP graduates should be innovative, creative, and free-minded; this end would not be subserved if they are subjected to limiting and constraining rules that do not serve a purpose germane and closely-tailored to the furtherance of their welfare and development.

In saying these, we believe that the lenses to be used in adopting rules and regulations governing student conduct in UP should be (1) rights-based, and (2) in the furtherance of student empowerment.

Following these basic principles, the Fraternity registers its strong objection against the draft 2009 Code of Student Conduct both on procedural and substantive grounds.

Procedurally, the proposal adopted by the Review Committee was arrived at without adequate and meaningful student involvement and participation.

The primary import of the Review Committee is not so much its role in drafting the Draft Code, but its access to the data sets and raw information used in drafting it. According to the primer released by the Committee, it has conducted ten focused group discussions and 100 focused interviews with different stakeholders. The primer also claimed that there were different position papers submitted by members of the faculty and administrative personnel (but no student papers were mentioned).

Our student leaders should have access to these data sets and raw information in order to study and identify which issues should be part of the review. Students are in a better position to identify the necessary items that should be included in the draft Code.

The task of the Review Committee is to integrate and unify existing University rules on student discipline (Rules and Regulations on Student Conduct and Discipline) and on student organization (Revised Rules and Regulations Governing Fraternities, Sororities and Other Student Organizations). While we do not doubt that student discipline is within the province of University authority, nonetheless there is still a need for student representation in the Committee. This proposition is in consonance with the tenets of student empowerment, a principle which finds very deep resonance in the culture of UP. This University is the cradle of student leadership and activism in the country. UP students have consistently demonstrated the degree and quality of their political consciousness and skills in governance. They have consistently shown their ability to actively participate in affairs that directly affect them. In the interest of student empowerment, they should be given the opportunity to have their voices heard in the process of making rules that would have an impact on them and their peers.

The Draft Code is too detailed, leaving no room for flexibility for administrative offices.

From where we stand, the Draft Code should be broad enough to allow administrative offices falling under its purview to exercise discretion in implementing it. The Draft Code should set only general parameters which specific administrative issuances should conform to. A general rule should not constrict administrative agencies from implementing it, if in the interest of justice, flexibility is necessary. This proposition is unquestionably more rights-based, because it seeks to grant a wider latitude to administrative offices in passing judgment upon student conduct, always taking into account the peculiar circumstances of every case. It is in this context of fairness and justice that student rights are more conducive to promotion and protection.

Terminologies and provisions in the Draft Code are vague, subject to misconstruction towards curtailment of the freedom of speech and of expression.

The draft Code contains vague provisions and terminologies that, if not checked and clarified, will result in the curtailment of the freedom of speech and of expression that is expressly guaranteed as absolute rights under the Philippine Constitution. The draft states:

Section 1.3.1.a. Creating within the University premises disorder, tumult, breach of peace, or serious disturbance;

How does the University define “disorder, tumult, breach of peace, or serious disturbance”? Are public demonstrations, rallies, and student mobilizations considered such?

Section 1.4.e. Engaging in disgraceful conduct within University premises;

Again, how does the University define “disgraceful conduct”? Does it include public display of affection? How about the kind of nudity, vulgar speech, or unorthodox/ eccentric acts that have always been incorporated in activities that are already considered part of the traditions of UP and have come to define the intellectual and creative ferment that every UP student should be exposed to? Will these fall under the “disgraceful conduct?”

In the interest of the advancement and protection of student rights and welfare, particularly the liberties of speech and expression regarded as nothing less than sacrosanct in UP, these provisions would have to be reformulated or clarified from a rights-based perspective. These provisions would have to be crafted in a manner that would ensure that student rights in UP will not be vulnerable to curtailment or diminution.

Some provisions in the Draft Code concerning student organizations are constricting and downright impossible to satisfy, thereby constituting a curtailment of the students’ freedom to organize and to form associations.

The freedom to organize and form associations is an absolute right guaranteed by no less than the Philippine Constitution. The only limitation to this right is that it cannot be exercised to organize associations that are contrary to law.

The Draft Code contains provisions for recognition of student organizations that, to our mind, constitute curtailment of the freedom to organize. These are the following:

Section 3.1.a. A student organization seeking University recognition must have a membership of at least 0.5% of the eligible student population, including officers, who have completed at least one (1) year of residency in the University…

x        x        x

Section 3.1.d.3. Certification against the recruitment of students who have not earned a one-year residency;

x        x        x

Right now, Diliman has roughly 22,000 eligible students. That would mean that the minimum number of membership for every University-based student organization will be 110 students. Clearly, the Review Committee has not fully appreciated the changing paradigms experienced by student organizations. Setting such a high criterion will result in the death of most organizations in UP. While this requisite may seemingly partake of a mere regulatory measure, its impracticability would amount to an unwarranted curtailment of UP students’ right to organize and form associations.

Another one is a question in our mind: What is the rationale behind limiting student organizations, other than Greek-lettered ones, from recruiting first year students? Isn’t the provision a clear violation of the student’s freedom to organize and join organizations that will contribute to their growth and development as productive citizens?

Clearly, these provisions of the Draft Code amount to unreasonable and unjustifiable intrusions into the sphere of protected student rights. From a rights-based perspective, these proposed measures may herald the dilution and, possibly, the eventual decline of the rich and vibrant tradition of student associations in UP. This tradition is a hallmark of the UP experience. Not even the Administration can argue that the activities of student organizations do not contribute to the variety and quality of campus life that has come to define UP.

Section 3.1.d.2. Detailed accounting of finances prepared by the student organization’s immediate past finance officer;

x        x        x

Section 3.1.d.4. List and description of projects and activities undertaken during the immediate past year, with relevant documentation, such as posters, programmes, and photos. The list should include a least one academic project/activity;

Section 3.1.d.5. Proposed schedule, description, objectives, budget and source of funds of projects and activities to be undertaken, which should include a least one academic project/activity;

x        x        x

Section 3.1.d.7. Proof of payment of all required fees.

x        x        x

From a rights-based analysis, these preceding provisions constitute requirements that unduly constrict the student’s freedom to organize on the following grounds:

a.    It precludes student organizations from undertaking projects that are not within the purview of their planning seminars. Simply put, there are some unforeseeable activities and projects that come out in the middle of the semester. Do the provisions entail that any change in the submitted plans should first require the administration’s approval before they can be implemented? Is approval of these activities now mandatory for University recognition, or will they just be directory?

b.    The mandatory requirement of “at least one academic project or activity” clearly contravenes the student’s right to organize based on their beliefs. Student organizations are not only academic-based, but can also be classified as socio-civic, socio-political, political, special interest, etc. The underlying purpose of establishing student organizations is for their members to band together for their common interests or beliefs. These interests or beliefs are not necessarily related to their academic work. Requiring such an activity directly contravenes the students’ right to organize for whatever reason (as long as it is not in violation of existing laws), and also doubts their capacity to manage the affairs of their organizations according to their best judgment. On both counts, this measure is not rights-based and is not consistent with student empowerment.

c.    Student’s freedom to organize must not be in consideration of financial capacity. They should be unencumbered by any monetary consideration before they are given University recognition.

In view of the foregoing, the Fraternity respectfully suggests a counter proposal contained in the Magna Carta of UP Students as a substitute to the draft Code.

Finally, the Fraternity respectfully reserves the right to submit additional proposals, position papers, and the like as information arises out of our consultation with fellow students and organizations.

18 April 2009

The Alpha Phi Beta Fraternity – U.P. College of Law

and the

U.P. Kalipunan para sa Agham Panlipunan at Pilosopiyang Pilipino (UP KAPPP)

invite you to

HypoTHERMIA: Release your inner heat, a dance party on

31 January 2009, 8:00PM,
Club Industry, Bellagio Square, Tomas Morato, Quezon City

Tickets at Php200, inclusive of two drinks.

Around 100 students converge in the Oblation statue Monday (19 January 2009) to condemn what is believed to be machinations to “undermine the independence of the Judiciary.”

Armed with placards and lighted candles, the protesters denounced the planned impeachment of Chief Justice Reynato Puno (Law ‘62) as serious moves to serve “partisan, selfish, and unpatriotic interests.”

Initiated by the Alpha Phi Beta Fraternity – UP College of Law, the candle-lighting highlighted the need for the youth to remain vigilant in defending the independence of the Supreme Court as the “last bastion of democracy.”

“We are calling for the defense of the Chief Justice not necessarily because he is our Fraternity Brother, but because he embodies what the Judiciary needs – credibility, integrity, unsullied independence, and probity.”

Aside from the candle-lighting, a petition of support is being circulated around campus so that students can show their individual commitments and support to the defense of the Judiciary. But organizers were quick to point out that this signature drive is different from moves to draft the Chief Justice as President in the 2010 elections.

“While we respect moves by certain organizations to draft the Chief Justice as a presidential candidate in 2010 – for us a clear sign of his integrity and moral uprightness – we wish to dissociate ourselves with those moves. Defending Judicial independence should not be marred by narrow partisan politics and vested interests.”

Attending the candle-lighting are students led by Student Regent Shahana Abdulwahid. The students come from various colleges in the University, including the College of Law and the National College of Public Administration. Different organizations and student political parties showed their solidarity by sending their representatives. ##