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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18") CONGRESS
Second Regular Session

HOUSE BILL NO.. 8443

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

The 1987 Philippine Constitution in the Section 5 of Article XIV provides that
“Academic freedom shall be enjoyed in all institutions of higher learning.” The State is
then mandated to promote its exercise and observance for continuing intellectual growth,
the advancement of learning and research, the development of responsible and effective
leadership, the education of high-level and middle-level professionals and the
enrichment of our historical and cultural heritage.

Ensuring academic freedom is vital to the realization of our societal goals as a
democracy. It is through ensuring that academic institutions are free to breed new ideas
through dynamic discourse that we are able to develop as a nation and guarantee the
protection of our fundamental rights to freedom of expression, opinion, and association.
The bill further echoes Reyes v. Bagatsing!:

“Free speech and peaceable assembly, along with the other intellectual freedoms,
are highly ranked in our scheme of constitutional values. It cannot be too strongly
stressed that on the judiciary, — even more so than on the other departments —
rests the grave and delicate responsibility of assuring respect for and deference to
such preferred rights. No verbal formula, no sanctifying phrase can, of course,
dispense with what has been so felicitiously termed by Justice Holmes ‘as the

*G.R. No. L-65366 November 9, 1983,


sovereign prerogative of judgment." Nonetheless, the presumption must be to
incline the weight of the scales of justice on the side of such rights, enjoying as they
do precedence and primacy.”

In light of this, the bill aims to declare schools and state universities and colleges
(SUCs) as freedom spaces where academic freedom is guaranteed. The bill also
recognizes that SUCs can exercise their full acts of ownership over their property. Hence,
coordination and authorization from the school administration is necessary to perform
state security operations within school property. The bill further requires prior
notification in the service of search warrants or warrants of arrest for students. It clarifies
that in situations of hot pursuit, an emergency or seeking the assistance of law
enforcement agencies, state security agents can enter SUC property. Finally, it seeks to
provide for the creation of a joint monitoring committee to ensure proper
implementation.

In view of the foregoing reasons, the approval of this bill is earnestly sought.

Afro


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

House Bill No. 8443

Introduced by REPRESENTATIVE JOSE CHRISTOPHER “KIT" Y. BELMONTE

AN ACT
TO STRENGTHEN AND UPHOLD THE FREEDOM OF TEACHERS AND
STUDENTS TO TEACH, STUDY, AND PURSUE KNOWLEDGE AND RESEARCH
WITHOUT UNREASONABLE INTERFERENCE OR RESTRICTION,
IN ALL STATE UNIVERSITIES AND COLLEGES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title.—This Act shall be known as the “Academic Freedom Act of
2021.”

SECTION 2. Declaration of Policy.—Pursuant to Article II (State Policies), Section 13 of the
1987 Philippine Constitution, which recognizes that vital role of the youth in nation
building; and pursuant to its Article XIV (Education), particularly Section 1 and Section
5(2), which provide that the State shall protect and promote the right of all citizens to
quality education at all level, and that academic freedom shall be enjoyed in all
institutions of higher learning, respectively, it is hereby made the policy of the State to
extend the protection and limits in Article I (Bill of Rights), Section 4 to academic
freedom in state universities and colleges.


SECTION 3. Coverage. —The provisions of this Act shall be made applicable to all state
universities and colleges. Local government units are encouraged to adopt the principles
herein as to be made applicable to their local universities and colleges.

SECTION 4. Definition of Terms.—As used in this Act—

(a) The phrase “state universities and colleges” or “SUCS” refers to public higher education
institutions established by national government and are governed by their respective
independent board of trustees or regents. SUCs are covered by the guarantee in
Article XIV, Section 5(2) of the Constitution

(b) The phrase “freedom park” refers to those public places duly established by law or
ordinance as such.

(0) “Uniformed personnel” shall refer to the commissioned officers and enlisted personnel
of the uniformed services. For purposes of this Act, “uniformed services” shall refer to
the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Bureau
of Fire Protection (BFP), Bureau of Jail Management and Penology (BMJP), Philippine
Coast Guard (PCG), and commissioned corps of the National Mapping and Resource
Information Authority (NAMRIA).

SECTION 5. SUCs as Freedom Parks.—Free speech and peaceable assembly are highly
ranked constitutional values. Pursuant to this, all state universities and colleges, are
established as freedom parks. 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.

SECTION 6. Peace and Order Primary Responsibility of SUC.—It shall be the primary
responsibility and duty of SUC officials to maintain proper behavior and conduct of their
students, faculty, employees, and other members of its immediate community.

Whenever requested by uniformed personnel, the appropriate SUC official shall extend
the necessary assistance in the enforcement of law within the SUC premises. In this
regard, SUC officials shall endeavor to strengthen its own security, police and fire-
fighting capabilities so as to leave no vacuum that can be exploited by malefactors or
criminal elements.



Whenever the appropriate SUC official is of the opinion that assistance of uniformed
personnel is indispensable to the maintenance of security, peace and order within SUC
premises, the SUC official shall so inform in writing the head of the uniformed personnel
and the later shall promptly dispatch such assistance as may be warranted by the
circumstances. in case the request for assistance is granted, only uniformed personnel
with proper identification shall be allowed entry into the SUC, except where the
assistance requested specifies otherwise.

SECTION 7. Prior Coordination Required From Uniformed Personnel.—The conduct of any
operation by members of the uniformed personnel may be allowed only upon prior
coordination with the administration of the SUC.

No member of the uniformed personnel may enter the premises of any SUC except only
in the following instances—

(a) In the provision of assistance as provided for in Section 6 of this Act.

(b) In cases of hot pursuit and similar occasions of emergency.

(©) In cases of ordinary transit through the premises.

SECTION 8. Prior notification in the service of search warrants or warrants of arrest.~The
service of search warrants or warrants of arrest on any SUC student, faculty, employee,
or invited participant in any official SUC activity shall, as far as practicable, be done after
prior notification is given to the proper SUC official. The same requirement of notification
applies to any oral or written “invitation” for questioning and similar purposes.

In case of prior notification, the party serving the warrant shall coordinate closely with
the members of the SUC police or security force who shall accompany and assist them in
the service of warrants. Similarly, no warrant shall be served without the presence of at
least two faculty members designated by the appropriate SUC official.

If the giving of prior notification by the party serving the warrant is not practical, a report
shall be submitted to the concerned SUC official immediately, but not later than twenty-
four hours after the service of the warrant.

Prior notification shall also be observed in the service of any notice or order issued under
the Republic Act No. 11479 otherwise known as “The Anti-Terrorism Act of 2020.”

SECTION 9. Arrest or detention of member of SUC community.—The arrest or detention of
any SUC student, faculty or personnel anywhere in the Philippines shall, by the fastest
means of communication, be reported immediately by the responsible head of the


uniformed personnel effecting the arrest or detention to the appropriate SUC official, who
shall then take the necessary action.

No SUC student, faculty or employee shall be subjected to 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, and except in the presence of
the counsel of choice of the student, faculty or employee, or with the assistance of a
counsel appointed for them by said SUC official.

SECTION 10. Construction.—Nothing in this Act shall be construed as a prohibition
against the enforcement of the laws of the land.

SECTION 11. Joint Congressional Oversight.—The Commission on Higher Education, the
Philippine Association of State Universities and Colleges, the Commission on Human
Rights, the appropriate divisions of the Department of National Defense, the Armed
Forces of the Philippines, Philippine National Police, Bureau of Fire Protection, Bureau
of Jail Management and Penology, Philippine Coast Guard, and commissioned corps of
the National Mapping and Resource Information Authority shall submit bi-annual report
to the Congressional Oversight Committee to determine compliance with this Act.

SECTION 12. Non-compliance as administrative liability.—Non-compliance and violation
of Sections 5, 6, 7, 8 and 9 of this Act will result in administrative liability, which shalll be
considered grave whenever such non-compliance results in serious physical injury or
death of a student, faculty, employee, or guest of the SUC.

SECTION 13. Separability Clause.—Should any provision of this Act be declared invalid,
or unconstitutional, the provisions not affected thereby shall remain in full force and
effect.

SECTION 14. Repealing clause - All laws, decrees, letters of instructions, resolutions,
orders, ordinances or parts thereof which are inconsistent with the provisions of this Act
are hereby repealed, amended, or modified accordingly.

SECTION 15. Effectivity.—This Act shall take effect fifteen (15) days following its

publication in the Official Gazette, or two (2) newspapers of general circulation, whichever
comes first.

Approved,