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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. BBE

Introduced by CIBAC Party-List Representatives
EDUARDO “BRO. EDDIE” C. VILLANUEVA and DOMINGO C. RIVERA

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

EXPLANATORY NOTE

The University of the Philippines (UP) has been one of our country’s bulwarks
of free expression and activism. However, this status has long been threatened by the
state efforts to minimize the unique role and participation of the University in social
change.

The most recent attack on the University’s autonomy was made on January 18,
2021 when the Department of National Defense (DND) unilaterally terminated the
1989 UP-DND Accords, a document that guaranteed minimal state intrusion in the
country's premier university. The 1989 Accords was an offshoot of the 1982 Soto-
Enrile Accord, which was an agreement that barred military forces from entering U.P.
campuses all over the country.

The UP-DND accord is not a “Do not enter’ sign that bars law enforcement from
entering the campus. It is not a wall which obstructs justice or deters the solution or
prevention of crime. It is unfortunate that its abrogation is being invoked for the wrong
reasons. Implying that it has enabled thinking that is critical to the government is a
gross misreading of UP’s role as vanguard of independent thought.

Our country is facing a number of very important issues where the resources of
the military and the police can be more efficiently utilized. We have the West Philippine
Sea dispute, the increasing criminality due to POGOs, and extrajudicial killings, among


many others. Our law enforcement agencies and the military establishment must set
its priorities straight and focus on what really matters.

We believe that DND should not break the agreement with UP. Our role as a
legislator is to ensure that the spirit of the 1989 Accords is protected and set-in stone
to ensure that our students are protected from unreasonable state intrusion.

This proposed measure institutionalizes the 1989 University of the Philippines-
Department of National Defense Accords into RA 9500 or the University of the
Philippines charter. It respects the freedoms of U.P. faculty, students, and staff in
partaking in protest actions. It also prevents the unwarranted intrusion of state security
forces into all U.P. campuses in the country. The proposed measure ensures that the
procedural due process of U.P. students, staff and faculty are protected.

There is no monopoly of ideology in UP. It remains a big tent that shelters all
ideas that can be pursued nonviolently. It is not a rebel recruitment station. On the
contrary, it hosts many DDS whose are free to compete in the marketplace of ideas.
It remains a citadel of excellence where the skills to serve the people are taught. This
academic brilliance can only shine under a climate of freedom.

Let us nurture our youth's passion for political and social causes; and prevent
any attempt to take away these long-cherished values. Itis our hope that this proposed
measure will continue to foster these traditions of the country’s premier state
university.

The swift passage of this measure is strongly urged.

HON. EDUARDO el Pla eae

HON 16 C RIVERA


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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, _8437

Introduced by CIBAC Party-List Representatives
EDUARDO “BRO. EDDIE” C, VILLANUEVA and DOMINGO C. RIVERA

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 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 U.P.
Campuses. - Prior notification shall be given the Armed Forces of the Philippines
(AFP), the Philippine National Police (PNP), or any other 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 in cases defined in the next succeeding
paragraph, 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.

Whenever requested by law enforcers, the appropriate U.P. officials shalll 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 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. Limitation 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 U.P. 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 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 U.P.’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.

SEC. 7. A new Section 11-G is hereby inserted to read as follows:

SEC. 11-G. Establishment of a Joint Monitoring Group. - The U.P. Faculty
Regent, the U.P. Student Regent, the U.P. Vice-President for Public Affairs or
his representative, the U.P. Vice Chancellor for Student Affairs, the
Undersecretary of National 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 shall meet at least twice
a year to ensure and determine compliance with Sections 26-A to 26-F of this
Act.

SEC. 8. Repealing Clause. — All laws, executive orders, rules and regulations or any
part hereof inconsistent herewith are deemed repealed or modified accordingly.

SEC. 9. Separability Clause. — if any part or 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. 10. Effectivity. — This Act shall take effect fifteen (15) days its complete
publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,