House bill filed seeking to apply provisions of UP-DND pact to all SUCs

Quezon City Representative Kit Belmonte on Thursday filed a measure which seeks to apply the provisions of the unilaterally-abrogated 1989 University of the Philippines - Department of National Defense (UP-DND) Accord to all state universities and colleges (SUCs) in the country.

Belmonte, a UP alumnus, filed House Bill 8443, or the proposed "Academic Freedom Act of 2021," which institutionalizes SUCs as freedom spaces where academic freedom is guaranteed.

READ: Amid the unilateral abrogation of the UP-DND Accord, Quezon City Rep. Kit Belmonte files proposed "Academic Freedom Act of 2021,” which institutionalizes SUCs as freedom spaces. @gmanews pic.twitter.com/ojuYYwcbys

— Erwin Colcol (@erwincolcol) January 21, 2021

"No permit, written or otherwise, shall be required by the national or local government for any person or persons to organize and hold a public assembly in SUCs. Uniformed personnel shall not interfere with peaceful protest action by SUC constituents within SUC premises," the measure read.

Much like in the UP-DND Accord, uniformed personnel are prohibited under the measure  from conducting any operation in the said education institutions without prior coordination with their officials.

No member of the uniformed personnel may likewise enter the premises of any SUC except only:

• When the SUC officials required their assistance to maintain security, peace and order within the SUC premises;
• In cases of hot pursuit and similar occasions of emergency; and
• In cases of ordinary transit through the premises

The measure also mandates that a proper SUC official be notified first before the service of a search warrant or a warrant of arrest on any student, faculty, employee or invited participant in any official SUC activity.

Any arrest or detention of any member of the SUC community should also be reported immediately to the appropriate SUC official, it added.

At the same time, the measure provides that no member of the SUC community should be subjected to a custodial investigation or detention without warrant of arrest under the Anti-Terrorism Act of 2020 without, as far as practicable, prior notice to the appropriate SUC official.

In filing the bill, Belmonte said it is similar to the UP-DND Accord but will have the force of the law and will cover all SUCs in the country.

Following the unilateral abrogation of the UP-DND Accord, Belmonte on Monday suggested to the House plenary that Congress amends the UP Charter to include the provisions of the pact and ensure the protection of the academic freedom of the UP community.

But in a phone interview with GMA News Online on Thursday, Belmonte also thought of providing the same protection to all SUCs, not just to UP.

"As suggested by Minority Leader [Joseph Stephen Paduano], bakit UP lang? Bakit hindi state universities?" he said. "It could be applied for others."

Belmonte maintained that the termination of the UP-DND Accord would result in a "chilling effect" among members of the UP in exercising their freedom to fight for causes they believe in.

"Ang personal na pananaw, yung revocation is more symbolic than actual. Ang personal na pananaw ko, SOP naman ng uniformed services natin when they enter private properties, when they operate sa communities, sa barangays, na they do coordination. Walang hinihinging unusual," he said.

"So this is more symbolic, it's saying na wala na kaming sasanto, mag-dissent kayo, mag-oppose kayo, may Anti-Terror Law na, hindi na namin kayo kayang santuhin. In the interest of national security, yung academic freedoms niyo, yung freedom of speech niyo ay secondary yan," he added.

In a separate interview with GMA News Online, Kabataan party-list Representative Sarah Elago said she is also considering filing a measure amending the UP Charter to include the provisions of UP-DND Accord or one that is similar to what Belmonte has proposed.

"Kailangan siyang malagay doon sa mismong UP Charter para hindi na ito maulit ulit, yung ginawa na unilateral termination at yung abrogation," she said.

"Para din nakalagay na talaga doon sa fabric ng UP na expressed through its Charter, yung historic na agreement safeguarding against abuse of authority and upholding academic freedom in the University of the Philippines," she added.

Elago expressed optimism that her fellow colleagues in the House would support the measures being proposed to protect academic freedom in the universities.

"Kung sa loob yan ng House, very telling yung response doon sa pagtindig natin sa loob ng Kongreso para i-uphold yung UP-DND Accord," she said.

"The very essence of the UP-DND Accord which is academic freedom, free from interference from the military, are both enshrined in our Constitution. Yun lang yung gusto natin tiyakin," she added.

In his letter informing UP of their decision to end the accord, Defense Secretary Delfin Lorenzana cited information that communist rebels are supposedly recruiting students inside the campus.

He argued that the accord hinders the DND in providing “effective security, safety and welfare” of the students, faculty, and employees of UP.

UP President Danilo Concepcion, in response, said that termination of the UP-DND Accord was "totally unnecessary and unwarranted," and may only taint the relations between the two institutions.

He also maintained that they do not condone sedition, armed insurrection, or the use of violence for political ends. —LDF, GMA News