UP Medicine Student Council

2/F Bobby Dela Paz Hall (MSU Bldg.), UP College of Medicine

547 Pedro Gil St., Ermita, 1000 Manila

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UP Charter, and we want it now!

 

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Congressional Journals:

How Congress has been handling the UP Charter

 

Dela Paz Hall, UPCM - Changing Act No. 1870 (the University Charter of the University of the Philippines) has been the subject of in-depth arguments for or against a multitude of issues contained in the proposals. Of interest also to the UP constituent might be the circumstances of the passage of House Bill (HB) 455 of the defunct 12th Congress – that bill entitled “An Act to Strengthen the University of the Philippines as the National University” – in  relation to renewed campaigns in this 13th Congress dealing with the UP Charter Change.

 

On the afternoon of July 24, 2001, HB 455 by then Rep. Eduardo Nachura was taken up on first reading by the House in plenary session presided over by Speaker Jose De Venecia. It was referred by the Chair to the Committee on Higher and Technical Education.

 

That same Committee submitted a year later on November 19, 2002 Committee Report No. 763 concerning HB 455. Reps. Antonio Eduardo B. Nachura, Aniceto G. Saludo, Harlin Cast. Abayon, and Rolex T. Suplico then delivered their sponsorship speeches on the floor.

 

There were no interpellations and speeches en contra. Rep. Fuentebella, after some more procedural matters, then moved to approve on second reading HB 455. No one objected, and the motion was carried.

 

One month later on December 11, 2002, Rep. De Guzman moved that HB 455 be approved on third reading. The Chair directed the Secretary General to call the Roll for nominal voting, which meant that each Representative’s vote would be duly acknowledged.

 

There were one hundred and thirty two (132) Congressmen and women who voted in favor, zero (0) against, and zero (0) in abstention.

 

Senate Bill (SB) 2587, the equivalent measure of HB 455 in the upper house, was not passed due solely to inaction by the Senate of the 12th Congress. No voting took place; hence, no one can claim that SB 2587 was junked due to opposition.

 

Recently in the 13th Congress, several bills have already been filed regarding the UP Charter Change. We have HBs 597, 880, and 1587 all drawing from the words of the archived HB 455, authored by Reps. Escudero, Ablan, and Zialcita, respectively. They have all been called on first reading and are now pending with the House Committee on Higher and Technical Education.

 

We also have an alternative bill (HB 2327) that has provisions that oppose equivalent words in the archived HB 455, specifically replacing the Board of Regents (BOR) and preventing “profiteering activities”. It is authored by Reps. Casiño, Maza, Ocampo, and Virador of the Party List Bayan Muna, and Beltran and Mariano of the Party List Anakpawis.

 

In the Senate, Sen. Pangilinan already filed SB 1399, drawing from the words of the archived SB 2587.

 

While some of these lawmakers are newly-elected, the old-timers all participated in the UP Charter debates of the 12th Congress. In fact, when HB 455 was called for approval on third reading, all of them (except Escudero and Zialcita who did not cast any vote – yes, no, or abstain – on the matter) voted in favor. Records will show that Reps. Ablan of Ilocos Norte, Beltran of Anakpawis, and Maza and Ocampo of Bayan Muna are part of the 132 who said “Yea” in favor of HB 455.

 

The above narratives of the events that have been taking place in the House of Representatives are given to illustrate and underscore that the legislative process, while slow and tedious, has several opportunities for a bill to be amended or outright opposed.

 

(UP-MSC STRAWBS, 22 August 2004)

 

***

 

Bayan Muna, Anakpawis PL Reps file HB 2327

Re-Orienting the UP Charter

 

Dela Paz Hall, UPCM - Last May 2004, the UP Wide Democratization Movement (WIDEM) II proposed a bill that would revise the 1908 UP Charter in ways different from those proposed by the archived and now re-filed HB 455 and SB 2587. Recently, their espoused reforms were taken up and sponsored by Representatives from the party lists Bayan Muna and Anakpawis.

 

House Bill No. 2327 entitled “An Act Reorienting the Charter of the University of the Philippines as the Premier State University” was recently filed by Reps. Teodoro A. Casiño, Liza L. Maza, Satur C. Ocampo, Joel G. Virador (PL-Bayan Muna), and Crispin B. Beltran and Rafael V. Mariano (PL-Anakpawis). In their explanatory note prefacing the filed bill, the PL Reps asserted that “the original [UP] charter was designed to make UP an efficient institution for disseminating American values and ideals in the Islands.” They added, “As such, it followed a hierarchical structure in a Board of Regents (BOR), including the university president, who were all appointed by the American Governor-General.”

 

It was proposed by the PL Reps that the governance structure of a new UP charter be made “transparent, democratic, and participative with respect to the university’s key constituencies.” They posited in this regard “an elected UP System Assembly as the highest governing body replacing the BOR.”

 

Furthermore, the PL Reps said that their bill aims to “protect the University from the threat of commercialization and privatization.” They cited section 3 of HB 2327 saying that the State “shall fully support the needs of the University” and section 5 wherein “the University shall be prohibited from engaging in ‘profiteering activities’ that undermine its purpose.”

 

In a related development, UP System Vice President for Academic Affairs (VPAA) Maria Serena I. Diokno reacted that “two things disturb me about the proposal.” She elaborated that “the first is that the bill does away with the University’s accountability to a larger public,” and “second, while the proposal recognizes that academic bodies should consist of the faculty, the bill would nevertheless submit these bodies to higher decision makers dominated by students and non-academic constituents of the university.” “Yet ironically, the bill asserts the primacy of the University’s function as a learning institution,” she added.

 

Diokno explained that “The proposed charter bill sees the university as essentially and primarily a polity rather than an academic community… The very purpose of the university, to learn, create and spread knowledge, takes a back seat to the everyday needs of any polity: employment, staff benefits, and so on. Given a choice about where to spend our resources, the polity would impose demands different from the priorities of an institution of higher learning.”

 

The UP Medicine Student Council (UP MSC), through its UP Charter Change OIC Albert Francis E. Domingo, reserved its comments on the said bill pending consultation with its constituents, saying that the bill is a welcome development. Domingo said that “we have always believed that the input of ideas regarding the UP Charter should be done in the proper forum - Congress.”

 

(UP-MSC STRAWBS, 19 August 2004)

 

***

 

Kiko Files SB 1399 in Senate; Proposed UP Charter of 2004 Echoed in UPM-PA

 

UP-PGH – Shortly after the House filed HB 1587 proposing amendments to the UP Charter, here comes a supportive move in the Senate: Kiko Pangilinan filing SB 1399. Groundwork for the Congressional pathway towards the passage of a law has been laid for the UP Charter Change.

 

In the 4th meeting of the UPM Pamantasang Asamblea (PA) presided over by Dr. Jesus Sarol last Thursday, July 29 at the UP Manila Social Hall, constituent-representatives from the different units of UP Manila were able to hear issues ranging from internal concerns on mustering a quorum for the PA to national issues such as the resounding UP Charter Change movement. Notable in relation to the latter topic was the official announcement made by the UP Medicine Student Council (UP-MSC) delegation to the affair, heralding the filing of HB 1587 and later on SB 1399, the two bills in Congress seeking to amend the UP Charter.

 

Speaking as observers from the student body, UP-MSC Chairperson Joseph Anthony D. Lachica and Strawbs Committee Co-Head Albert Francis E. Domingo took turns engaging the assembly in an exercise of free speech, following the presentation of a PA member regarding the proposed UP Charter of the UP WIDEM-II. The said presentation highlighted proposals such as replacing the UP Board of Regents (BOR) with a UP System Assembly similar to the PA, composed of delegates from the different autonomous units of the University.

 

Lachica and Domingo reiterated that the move of the UP-MSC to re-file the archived UP Charter bills of the 12th Congress are meant to initiate the legislative process, even as consultations have been underway in the UP System. Lachica also disputed insinuations in the assembly that the medical students acted impulsively, saying that the UP-MSC analyzed and thought of their decision and afforded due process long before they resolved to re-file the bills.

 

Attending the PA with UP-MSC Vice-Chair Roselyn Mateo and CM Rep to the USC Benjo Delarmente, the two observed that Congress is the appropriate body to adjudicate and consult on the best possible changes in the UP Charter, because UP itself is a State University and it was Congress’ equivalent (then the First Philippine Legislature) in 1908 that historically established UP. “Members of Congress are direct representatives of the Filipino people, by virtue of their election into office,” said Domingo. “Let’s work within the system that we have today,” he added.

 

As of Press time, the PA’s minutes of the meeting have not yet been completed. Observable were the frustrations of Sarol and the other members of the PA because they have been holding meetings usually without a quorum, with the 98-member assembly always encountering difficulty in solving the problem. At one time wherein the PA was able to achieve a quorum with 51 members in attendance, 33 voted for a statement junking HB 455/SB 2587 of the 12th Congress while 18 dissented. Sarol noted that the decision could always be questioned, because the 47 other members who were not able to vote could have still influenced the outcome. He also said that agreement or dissent to the statement-proposition junking HB 455/SB 2587 could be interpreted in many ways.

 

(UP-MSC STRAWBS, 31 July 2004)

 

***

 

HB 1587 – University of the Philippines Charter of 2004

has been filed in the House of Representatives

 

Dela Paz Hall, UPCM – On the 18th of June 1908 the First Philippine Legislature under the United States enacted Act No. 1870 – The University Charter, the piece of legislation that has guided the University of the Philippines (UP) up to this day. Ninety-six years later on the 18th of June 2004, the Student Government of UP’s first ever College – Medicine – passed their own resolution calling for UP Charter amendments. And that’s exactly what they could get.

 

Rep. Eduardo C. Zialcita, upon request by the UP Medicine Student Council (UP MSC), filed with the 13th Congress last July 22, 2004 House Bill No. 1587 entitled “An Act to Strengthen the University of the Philippines as the National University”. It is also known as “The UP Charter of 2004”.

 

Zialcita – who himself is an alumnus of UP Diliman – decided to proceed with the measure picking up from where the UP Community left off in its desire to have SB 2587 passed in the 12th Congress. The lawmaker from Parañaque City observed that HB 455 (SB 2587’s equivalent in the lower house) was approved on third reading with 132 Yeas and not a single Nay nor Abstention from house members.

 

He also listened to the pleas from the medical students for greater State Subsidy and participation for UP, which the future doctors noted is badly needed as far as the Philippine General Hospital is concerned. In analyzing the defunct HB 455 and SB 2587, Zialcita noted that there are provisions that, upon democratic consultation with UP constituents in the days to come, could translate to financial flexibility that would allow the University to receive financial aid from the State not only in cash but also in kind.

 

The UP MSC maintains that the move they made is in line with strategy directed at expediting the legislative process. While it does not necessarily mean that H.B. 1587 would be passed into law as it currently is, the medical students sought the filing of the established measure to initiate Congressional action wherein UP constituents from all sectors could air their concerns either for or against the bill.

 

“It is, after all, the general consensus of the UP Community that something needs to be done about the alarmingly obsolete 1908 U.P. Charter, and that something has to be done now,” said Albert Francis E. Domingo, the UP-MSC’s OIC for the matter.

 

(UP-MSC STRAWBS, 23 July 2004)

 

***

 

Medicine Student Council: Amend the UP Charter

 

Dela Paz Hall, UPCM - The UP Medicine Student Council (UP-MSC), AY 2004-2005 released last 21 June 2004 its resolution numbered 0405-001, "supporting and calling for the re-filing in the 13th Congress of House Bill No. 455 and Senate Bill No. 2587".

 

It may be recalled that the 12th Congress adjourned its third and final session without acting on SB 2587, effectively archiving the said measure and returning UP's hopes for a new charter to square one.

 

House Bill 455, however, was approved with 132 Yeas, 0 Nays, and 0 Abstains. Still, that is not enough as the equivalent Senate Bill has to be passed alongside the House version for the measure to possibly become a law.

 

Fierce student opposition was alleged to be the reason for SB 2587's blockage, though political analysts and congressional experts aver that it was then Sen. John Osmeña's delaying tactics, motivated by a personal grudge against UP President Nemenzo and not related to student opposition, that caused the failure of the bill's passage.

 

Consultations are now on-going among different UP units for a new UP Charter. For the UP-MSC's part, re-filing HB 455 and SB 2587 is a strategic move to start the legislative process. They emphasized that other versions may be filed alongside HB 455 and SB 2587, and in the long run, they will be consolidated.

 

(UP-MSC STRAWBS, 15 July 2004)

 

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