REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

1154

House Bill No.

Introduced by KABATAAN PARTY-LIST Rep. Raoul Danniel A. Manuel

AN ACT
AMENDING REPUBLIC ACT NO. 9500, OTHERWISE KNOWN AS THE UNIVERSITY OF
THE PHILIPPINES CHARTER OF 2008, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

ail institutions cf tng
freedom
and ho:
fosters truth
development.

luctes tiv

It is with that the
institution
the preser
freeds

tered into between higher educ:
nif N Deiense

uphold avaderri

Sucee
and then ¢
who intended i

astinent ¢ i
mbers poli tary to ent
or orcinary transit through UP wenises, / the DND agrer

the military andi police shalt net witertars
within UP premises

The 1929 UP.DND &
a staffer of UP
military at Vinzo
widespread humar
rights mevements

signed choys following the

ion Pail
ham:
labons during ary

forces «

similar activities
therec!. These a
nohs car

Thus ihe



DND’s claim in their feller arldressed to UP President Danito L. Concepcion unilaterally
terminating the said agreement

Until today ging, whick ts the pra We actors of publicly and in
classifying individuals and organizations as communists and et the state, has beer
prevalent amid the nationa’ « insurgency program,

« DND unileier
2021. on the premise of unfouncie
nat security

ly abrogated tiv
clair

Most recentiy. th
1989 UP-DND Accord
clandestine communist

arp

UP President Danilo ¢ 28 “grave concem over this abrogatic
as it is totally unnecessary and unwarranted. sind may result in worsening rather thar
Improving felations betweel: our imstitulions and « ni our conimon desite for pea
justice. and feeders in cur seaste Pu E ze uniieially abrog
agreement only scws “nioss com

5 ‘hat fthe DNDI have nat
what it is that {the DND! exactly ainijs| to du o put it place in liu of the protections and
courtesies afforded by the agreement

The UP President also emphi
to evade of weaken the law. but to prote

189 Accord was not sought and secured
ct the climate of academic freedom—-guaranteed by
the Constitution--that makes it i y i] human and social advance
possible.” The: accord is alse « zt between two par
DND. anc cannot : y as provided by law

s, UP and

One-sidedly and ai

accord which is being enforced for more
than 30 years already ane ly respeciea through the y .
an aifront to civilian instititor id lead again to extensive campu:
militarization and brazen allacks on human righls. (he unilateral abrogation of the 1986 UP-
OND Accord and the ‘oon ng miliauvation of campuses nationwide undermine acadenm
freedom) ani iar wily an freedoms o yor
expression, atvl

ian try

crf

Schools should
intervention, Ravassinent. anc in;
in UP's Charter

m police and mili
he need for the accord to

In view of the foregoing the p

amestly sexight

REP. RAOUL DANIEL A. MANUEL,
Kabataan Party-list


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

ete

House Bill No.

Introduced by KABATAAN PARTY-LIST Rep. Raoul Dannie! A. Manuel

AN ACT
AMENDING 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
assembled.

and House of Representatives of the Philippines in Congress

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

SEC. 11-A. Prior Notification on the Entry of Police and Military Units in all U.P.
campuses. — Prior notification shall be given by the Philippine National Police
(PNP), Armed Forces of the Philippines (AFP), or any other law enforcement
agency intending to conduct any police, military, 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 respective
officers-in-charge in the event of their absence, as the case may be, and to the
student regent, university student council or government. faculty regent or
representative, and staff regent or non-academic personnel representative
when the situation so warrants

SECTION 2. A new Section 11-B is hereby inserted as follows:

SEC. 11-B. Prohibition on the Entry of PNP, AFP, and Other Law Enforcement
Agency Personnel in all U.P. campuses. — Except in cases of hot pursuit and
similar occasions of emergency, or in cases defined in the next succeeding
paragraph, no member of the PNP, AFP, or other law enforcement agencies
shall enter the premises of any of the U.P. campuses or regional units.

Whenever requested by law enforcers, the appropriate U.P. officials shall
extend the necessary assistance in law enforcement within 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 PNP, AFP,
or other law enforcement agency is indispensable to the maintenance of peace,
security, 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.


1 In case the request for assistance is granted, only uniformed members of the
2 PNP, AFP, and other law enforcement agencies in proper uniform and with
3 proper identification shall be allowed entry into the campus or regional unit
4 concerned, except where the assistance requested specifies otherwise
5
6 SECTION 3. A new Section 11-C is hereby inserted as follows:
7
8 SEC. 11-C. Limitation on the Service of Search or Arrest Warrants. — The
9 service of search or arrest warrants within the territorial jurisdiction of any U.P.
10 campus or any U.P. student, faculty, employee, or invited participants in any
"1 activities in U.P., as far as practicable, be done after prior notification is given
12 to the U.P. President, or Chancellor of the constituent university, or Dean of the
13 regional unit concerned, or their respective officers-in-charge, and to the Office
14 of the Student Regent and University or College Student Council of the unit
18 concemed in the event of their absence. The same requirement of notification
16 applies to any oral or written invitation for questioning or similar purposes.
7
18 In case of prior notification, the party serving the warrant shall coordinate
19 closely with members of the U.P. police or security who shall accompany and
20 assist them in the service of the warrants. Similarly, no warrant shall be served
2 without the presence of at least two (2) U.P. faculty members designated by the
22 appropriate U.P. official
23
24 If the giving of prior notification by the party serving the warrant is not
25 practicable, a report shall be submitted to the concerned U.P. official
26 immediately, but not later than twenty-four (24) hours after the service of the
27 warrant.
28
29 SECTION 4, A new Section 11-D is hereby insert as follows
30
cf SEC. 11-D. Limitation on the Arrest, Custodial Investigation, and Detention of
32 U.P. Students, Faculty. or Personnel. — The arrest or detention of any U.P.
33 student, faculty, or personnel anywhere in the Philippines shall be reported
34 immediately by the responsible head of the PNP, AFP, or other law
35 enforcement agency unit effecting the arrest or detention to the U.P. President,
36 or Chancellor of the constituent university, or Dean of the regional unit
37 concerned, or their respective officers-in-charge in the event of their absence.
38 and to the Office of the Student Regent and University or College Student
39 Council of the unit concerned who shall then take the necessary action
40
a No U.P. student, faculty, or employee shall be subjected to custodial
42 investigation without, as far as practicable, prior notice to the U.P. President, or
43 Chancellor of the constituent university, or Dean of the regional unit concerned,
44 or their respective officers-in-charge in the event of their absence, and to the
45 Office of the Student Regent and University or College Student Council of the
46 unit concerned, and except in the presence of the counsel of choice of the
47 student, faculty, or employee, or with the assistance of counsel appointed for
48 them by the aforementioned U.P. officials.
49
50 SECTION 5. A new Section 11-E is hereby inserted as follows:
51
52 SEC. 11-£. Prohibition on the PNP. AFP. and Other Law Enforcement Agencies
53 to Interfere with Peaceful Protest Actions. — Members of the PNP, AFP. or any

54 other law enforcement agencies shall not interfere with peaceful protest actions


1 by individuals or groups within U.P. premises. U.P. officials shall be deemed
2 responsible for the behavior of their students, faculty, and employees in such
3 activities
4
5 SECTION 6. A new Section 11-F is hereby inserted as follows
6
7 SEC. 11-F. Strengthening of UP’s Security, Police, and Fire-fighting
8 Capabilities. — U.P. officials shall endeavor to strengthen U.P.’s own secunty,
9 police, and fire-fighting capabilities to prevent its campuses from being

10 exploited by malefactors or criminal elements

1

12 SECTION 7. A new Section 11-G is hereby inserted as follows

13,

14 SEC. 11-G. Establishment of a Joint Monitoring Group. — The U.P. Faculty

15 Regent, the U.P. Student Regent, the UP. Vice President for Public Affairs or

16 his/her representative, the U.P. Vice Chancellor for Student Affairs, the

7 Undersecretary of National Defense for Civilian Relations, the PNP Assistance

18 Chief of Staff for Operations, the PNP Director of the Civil Security Group, and

19 the AFP Judge Advocate General or his/her representative shall meet at least

20 twice a year to ensure and determine compliance with Sections 26-A to 26-F of

24 this Act

22

23 SECTION 8. A new Section 11-H is hereby inserted as follows

24

25 SEC. 11-H, Penalties. — The penalties are hereby as follows:

26

a7 (a) Any public official or employee, regardless of whether or not he/she

28 holds office or employment in a casual, temporary, holdover, permanent

29 or regular capacity, committing any violation of this Act shall be punished

30 with a fine equivalent to minimum of twenty-four (24) months’ salary.

u suspension for a minimum of two (2) years, and/ or imprisonment for five

32 (5) years and one day to ten (10) years, or removal depending on the

33 gravity of the offense after due notice and hearing by the appropriate

34 body or agency. If the violation is punishable by a heavier penalty under

35 another law, he/ she shall be prosecuted under the latter statute

36

7 (b) Any violation hereof proven in a proper administrative proceeding shall

38 be sufficient cause for removal or dismissal of a public official or

39 employee, even if no criminal prosecution is instituted against him

40

41 (c) Private individuals who participate in conspiracy as co-principals,

42 accomplices or accessories, with public officials or employees, in

43 violation of this Act, shall be subject to the same penal liabilities as the

44 public officials or employees and shall be tried jointly with them

45

46 (d) A prosecution under this Act shall be without prejudice to any liability

47 for violation of any provision of the Civil Code, as amended, the Revised

48 Penal Code, as amended, or special laws

49

50 SECTION 9. Separability Clause. - If any part or provision of this Act is held

51 unconstitutional or parts thereof, other provisions hereof which are not affected thereby shall
52 continue to be in full force and effect
53


Carnanrkona

SECTION 10. Repoaling Clause. - All laws. decrees, orders, rules and regulations or
other issuances or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two (2) national newspapers of general circulation.

Approved,