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

EIGHTEENTH CONGRESS
Second Regular Session

8514

HOUSE BILL NO.

Introduced by Hon. Stella Luz A. Quimbo and Hon. Jose Christopher Y. Belmonte

AN ACT
INSTITUTIONALIZING THE 1989 UNIVERSITY OF THE PHILIPPINES (UP) -
DEPARTNMENT OF NATIONAL DEFENSE (DND) ACCORD, AMENDING
FOR THE PURPOSE REPUBLIC ACT NO. 9500, OTHERWISE KNOWN AS THE
UNIVERSITY OF THE PHILIPPINES CHARTER OF 2008, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

As the national university, the University of the Philippines (UP) serves as the
cradle of freedom of speech and freedom of expression. Since its establishment in 1908,
ithas been a vanguard of democracy and of the freedom to mobilize. An environment
of academic freedom, which lends to critical thinking, creativity, and innovation, is
the university’s trademark. In fact, seven of the country’s 16 presidents, and the
majority of its Supreme Court Chief Justices, National Scientists, and National Artists
are UP alumni.

In 1982, the Soto-Enrile Accord was signed between Ms. Sonia Soto, then a
student leader at the University of the Philippines, and former Defense Minister Juan
Ponce Enrile, in order to safeguard the rights of those in the UP community. Ina letter
by Minister Enrile to Ms. Soto et al., it was put on record that the Defense Ministry
agrees, among others, to “pull out police detachments, if any, inside school
campuses,” and to “enter campuses only to deal with crimes actually being committed
or about to be committed, or upon the request of students or school authorities when
such request is justified.” Historically, the academic freedom of the UP institution was
challenged during the period of martial law in the country, when UP students and
faculty members were arrested for speaking out against the administration. The
accord has since been a source of comfort among the UP community that military or
police action would not unduly threaten their much-cherished tradition of academic
freedom.

In 1989, the institutions of the Department of National Defense, represented by
then-Defense Secretary Fidel Ramos, and the University of the Philippines,


represented by President Jose Abueva, formalized the Accord by signing the UP-DND.
Agreement where it was stipulated that prior notification be given to the UP
administration should units of the military wish to conduct operations within any of
the UP campuses, except in cases of hot pursuit and similar occasions of emergencies
or ordinary transit through UP premises.

Ina letter to UP President Danilo Concepcion dated 15 January 2021, Defense
Secretary Delfin Lorenzana terminated the above agreement, citing as reason for the
decision the identification of students from the university as members of the
Communist Party of the Philippines, an organization declared by the Anti-Terrorism
Council as a terrorist organization.

The unilateral abrogation of the 1989 Agreement by the Department of National
Defense is against the country’s best interest, as it is a step away from the goal of
ensuring the safety and the freedoms of young Filipino minds destined to serve the
people. This bill seeks to amend Republic Act No. 9500 or the UP Charter to, inter alia,
institutionalize the requirement of prior notification on entry of police and military
units in UP campuses, subject to exemptions, and the prohibition on law enforcement
agencies to interfere with peaceful protest actions within UP premises, and to
strengthen UP’s own security, police, and fire-fighting capabilities.

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

sunt’ feonso

Representative
Second District, Marikina City

soe A PHER Y. BELMONTE

Representative
Sixth District, Quezon City


Cord MHEawWN

10

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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL no 85 18

Introduced by Hon. Stella Luz A. Quimbo and Hon. Jose Christopher Y. Belmonte

AN ACT
INSTITUTIONALIZING THE 1989 UNIVERSITY OF THE PHILIPPINES (UP) -
DEPARTNMENT OF NATIONAL DEFENSE (DND) ACCORD, AMENDING.
FOR THE PURPOSE REPUBLIC ACT NO. 9500, OTHERWISE KNOWN AS THE
UNIVERSITY OF THE PHILIPPINES CHARTER OF 2008, AND FOR OTHER
PURPOSES

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

SECTION. 1. A new Section 11-A is hereby inserted to read as follows:

“SEC. 11-A. Prior Notification on the entry of Police and Military Units in All
UP Campuses. - Prior notification shall be given by the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP), or any law
enforcement agency intending to conduct any military, police, or law
enforcement operations in any U.P. campus nationwide to the U.P. President
or the Chancellor of the constituent university, or the Dean of the regional unit
concerned, or their respective officers-in-charge in the event of their absence,
when the situation so warrants.”

SEC. 2. A new Section 11-B is hereby inserted to read as follows:

“SEC. 11-B. Prohibition on the Entry of AFP, PNP, and Other Law
Enforcement Agency Personnel in all UP Campuses. - Except in cases of hot
pursuit and similar occasions of emergency, or if indispensably necessary in
the maintenance of security, peace and order as determined by the UP.
President, or Chancellor of the constituent university, or Dean of the regional
unit concerned, or their respective officers-in-charge in the event of their
absence, no member of the AFP, the PNP, or other law enforcement agencies
shall enter the premises of any of the U.P. campuses or regional units.


15

16
17
18
19
20
21

23

24
25
26
27
28

29
30
31
32

34
35
36
37

Whenever requested by law enforcers, the appropriate U.P. officials shall
extend the necessary assistance in law enforcement within the U.P. premises.

Whenever the U.P. President, or Chancellor of the constituent university, or
Dean of the regional unit concerned, or their respective officers-in-charge in the
event of their absence, is of the opinion that the assistance of the AFP or the
PNP or other law enforcement agency is indispensable to the maintenance of
security, peace, and order within U.P. premises, the said U.P. official shall so
inform in writing the head of the AFP, PNP, or other law enforcement agency
unit in the area, and the latter shall promptly dispatch such assistance as may
be warranted by the circumstances.

In case the request for assistance is granted, only uniformed members of the
AFP, PNP, or other law enforcement agency with proper identification shall be
allowed entry into the campus or regional unit concerned, except where the
assistance requested specifies otherwise.”

SEC. 3. A new Section 11-C is hereby inserted to read as follows:

“SEC. 11-C. Limitations on the Service of Search or Arrest Warrants. - The
service of search or arrest warrants within the territorial jurisdiction of any U.P.
campus on any U.P. student, faculty, employee or invited participants in any
official U.P. activity, as far as practicable, be done after prior notification is
given to the U.P. President, or Chancellor of the constituent university, or Dean
of the regional unit concerned, or their respective officers-in-charge in the event
of their absence. The same requirement of notification applies to any oral or
written “invitation” for questioning or similar purposes.

In case of prior notification, the party serving the warrant shall coordinate
closely with members of the U.P. police or security who shall accompany and
assist them in the service of the warrants. Similarly, no warrant shall be served
without the presence of at least two (2) U.P. faculty members designated by the
appropriate UP. official.

If the giving of prior notification by the party serving the warrant is not
practicable, a report shall be submitted to the concerned U.P. official
immediately, but not later than twenty-four (24) hours after the service of the
warrant.”

SEC. 4. A new Section 11-D is hereby inserted to read as follows:

“SEC. 11-D. Limitations on the Arrest, Detention, and Custodial
Investigations of U.P. Students, Faculty, or Personnel. ~ The arrest or detention
of any U.P. student, faculty, or personnel anywhere in the Philippines shall be
reported immediately by the responsible head of the AFP, PNP, or other law


BRUNE

BS oamiud]n

12

13
14
15
16
17
18

19

enforcement agency unit effecting the arrest or detention to the U.P. President,
or Chancellor of the constituent university, or Dean of the regional unit
concerned, or their respective officers-in-charge in the event of their absence,
who shall then take the necessary action.

No U.P. student, faculty, or employee shall be subjected to custodial
investigation without, as far as practicable, prior notice to the U.P. President,
or Chancellor of the constituent university, or Dean of the regional unit
concerned, or their respective officers-in-charge in the event of their absence,
and except in the presence of the counsel of choice of the student, faculty, or
employee, or with the assistance of counsel appointed for them by the
aforementioned U.P. officials.”

SEC. 5. A new Section 11-E is hereby inserted to read as follows:

“SEC. 11-E. Prohibition on the AFP, PNP, and Other Law Enforcement
Agencies to Interfere with Peaceful Protest Actions. - Members of the AFP,
PNP, or other law enforcement agencies shall not interfere with peaceful
protest actions by individuals or groups within U.P. premises. U.P. officials
shall be deemed responsible for the behavior of their students, faculty, and
employees in such activities.”

SEC. 6. A new Section 11-F is hereby inserted to read as follows:

“SEC. 11-F. Strengthening of ULP.’s Security, Police, and Fire-fighting
Capabilities. - U.P. officials shall endeavor to strengthen U.P.’s own security,
police, and fire-fighting capabilities to prevent its campuses from being
exploited by malefactors or criminal elements.”

7. Anew Section 11-G is hereby inserted to read as follows:

“SEC. 11-G. Establishment of a Joint Monitoring Group. - A Joint Monitoring
Group shall be established composed of the U.P. Faculty Regent, the UP.
Student Regent, the U.P. Vice-President for Public Affairs or his representative,
the U.P. Vice Chancelior for Student Affairs, the Undersecretary of Nationai
Defense for Civilian Relations, the PNP Assistant Chief of Staff for Operations,
the PNP Director of the Civil Security Group, and the AFP Judge Advocate
General or his representative. The Joint Monitoring Group shall meet at least
twice a year to ensure and determine compliance with Sections 11-A to 11-F.”

SEC. 8. Separability Clause. - If any part of provision of this Act shall be declared
unconstitutional and invalid, such declaration shall not invalidate other parts thereof
which shall remain in full force and effect.


SEC. 9. Repealing Clause. - All laws, executive orders, administrative orders, and
rules and regulations inconsistent with this Act are hereby repealed or amended
accordingly.

SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,