EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
SENATE
S. No. 2035
DATE
TIME
I nOE X
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
TO UPHOLD THE ACADEMIC FREEDOM IN THE UNIVERSITY OF THE 
PHILIPPINES, 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
Political theorist and American Revolutionary Thomas Paine once said that 
“Reason obeys itself; ignorance submits to what is dictated to it.”
If we are to progress as a country, we need to protect the havens of ideas and 
critical thinking from the fleeting whims of any administration. More than any 
resource, the most important one is that of our people. As such, we need to raise and 
nurture citizens who can think critically, and entertain ideas that can serve our country 
far more than any single politician in office.
Our government must veer away from policies that intimidate our educational 
institutions and prevent them from effectively joining the national discourse. Military 
presence in institutions of learning serves only to send the wrong signal to the academe 
that certain ideas will be met with hostility. This creates a climate of fear that creates 
a chilling effect and, in effect, paralyzes the academic community and prevents them 
from fully forming ideas which is the lifeblood of policymaking.
It is in this background that the Soto-Enrile Agreement was reached in 1981 and 
was further institutionalized in 1989 between then-U.P. President Jose Abueva and 
then-DND Secretary Fidel Ramos as the UP-DND Accord. The said accord was in fact 
an agreement not between our military, the AFP and UP to respect each other’s spheres, 
but between Ramos — in representation of the PC-INP which was then still under the


Secretary of National Defense (SND), but which is now the PNP under the Secretary 
of the Interior and Local Government (SILG) and the NAPOLCOM - and UP.
For the DND to abrogate that accord - albeit mistakenly because it is the SILG 
who should now represent the PNP as the proper party to the accord, not the SND — 
without considering the issues that led to its creation, is to betray that goal of 
promoting critical thinking and active citizenry in the guise of preventing recruitment 
by rebellious forces.
First of all, recruitment can happen anywhere. In the age of digital 
communications, people do not even have to be in the same place to share ideas and 
plan action. What basis is there to put military presence in campuses when the 
students do not even have to go there to attend their classes?
Second, these students are already adults. Following the enactment of R.A. No. 
10533, or the Enhanced Basic Education Act of 2013, students would need to complete 
13 years of basic schooling before they qualify for university. That would have 
freshmen at around 17 to 18 years old. It would be absurd to treat them like mindless 
human beings that need to be placed under a culture of fear to dissuade them from 
entertaining purportedly seditious ideas. Reason and inspiration should shape the 
minds of our youth rather than fear of government reprisal over ideas that they deem 
taboo.
Thirdly, the 1987 Constitution places civilians above military personnel. Art. II, 
Section 3 provides that civilian authority is, at all times, supreme over the military. As 
such, the armed forces are prohibited by the Constitution to meddle in civilian affairs. 
The Constitution provides for the situations in which the armed forces can legally 
operate as law enforcers among civilians. Under Art. VII, Sec. 18, the Constitution 
states that “[t]he President shall be the Commander-in-Chief of all armed forces of the 
Philippines and whenever it becomes necessary, he may call out such armed forces to 
prevent or suppress lawless violence, invasion or rebellion.” Absent a declaration of a 
state of lawless violence or martial law, there is no reason for our armed forces to 
conduct any operation in any civilian establishment, including our universities, both 
public and private.
Finally, containing subversion and sedition is not a function of suppression of 
ideas but of raising the standard of living for everyone. Corruption and misgovernance, 
when left untreated, lead to discontent which could eventually result in seditious acts.


While it is important to protect our national security, it is likewise important to 
afford our academic institutions the democratic space conducive to free exchange of 
ideas and critical thinking, which leads to more effective participation in the national 
conversation.
It must be emphasized that nothing in this bill prevents any lawful exercise of 
the law enforcement powers of the President through the PNP and other civilian law 
enforcement units, within the bounds of the Constitution and the guidelines of due 
process.
This bill seeks to enact and make permanent the UP-DND Accord of 1989 in 
order to protect the academic freedom of our country’s premiere academic institution. 
The bill provides for guidelines in which our armed forces and law enforcement units 
may operate within the U.P. campuses and promotes peaceful co-existence with the 
U.P. Community in protecting the campuses and maintaining peace and order.
This bill prohibits military operations within the campuses, except under 
conditions of lawless violence, invasion, or rebellion, and during civil defense 
operations upon invitation by U.P. authorities. This bill likewise outlines the conduct 
of law enforcement in the campuses towards a more effective and properly calibrated 
operations within the U.P. Community.
In closing, the government must always encourage public discourse as a matter 
of determining policy. This way, we can let our citizens know that national issues can 
be resolved without resort to violence. The government policy must always be that free 
flow of ideas and discourse will dispense the need for violence, rather than ideas 
against the government of the day are met with state-sponsored violence.
Early passage of this bill is earnestly sought.
!eila m. de lima


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IWDEX.
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
TO UPHOLD THE ACADEMIC FREEDOM IN THE UNIVERSITY OF THE 
PHILIPPINES, 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:
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Section i. - Section 2 of R.A. No. 9500, otherwise known as the University of
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the Philippines Charter of 2008 (R.A. No. 9500), shall be amended, as follows:
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SEC. 2. Declaration of Policy. - The University of the
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Philippines is hereby declared as the national
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university.
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The State shall promote, foster, nurture and protect
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the right of all citizens to accessible quality education.
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Toward this end, it is the policy of the State to
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strengthen the University of the Philippines as the
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national university.
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THE STATE SHALL LIKEWISE ENDEAVOR TO
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PROTECT THE ACADEMIC FREEDOM OF THE
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UNIVERSITY OF THE PHILIPPINES RECOGNIZED
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UNDER ARTICLE XIV, SECTION 5(2) OF THE 1987
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CONSTITUTION. AS SUCH, THE STATE SHALL
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IMPLEMENT POLICIES THAT WOULD ALLOW


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UNRESTRAINED EXCHANGE AND EXPRESSION 
OF THOUGHTS AND IDEAS FREE FROM 
INTIMIDATION FROM THE COERCIVE FORCES 
OF THE STATE WITHIN THE UNIVERSITY 
PREMISES.
Sec. 2. - New Sections ii-A to ii-G are hereby inserted to read, as follows:
SEC. ii-A. Prohibition of Unauthorized Military 
Presence in All U.P. Campuses. - The Armed Forces 
of the Philippines (AFP), including all of its officers, 
enlisted personnel, trainees, and militias, unless in the 
conduct of personal civilian business, shall not enter 
the U.P. Campuses, except in the following instances:
1) During a state of lawless violence, invasion, or 
rebellion, when called out by the President 
pursuant to Article VII, Section i8 of the 1987 
Constitution, but only upon proper coordination 
with UP authorities;
2) On occasion of a legitimate civil defense operation 
upon invitation by 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; Provided that, in no case shall the 
presence of the AFP officer or personnel concerned 
under this instance be used as a pretext in the 
conduct of whatever kind of military operation;
3) Upon invitation of the university to serve as a 
resource person or subject matter expert in 
conferences, forums, symposia, lectures or any 
other academic undertaking sponsored by the 
university or its constituent faculty, student, or 
alumni bodies; Provided that, in no case shall the 
presence of the AFP officer or personnel concerned


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under this instance be used as a pretext in the 
conduct of whatever kind of military operation.
SEC. ii-B. Prior Notification on the entry of Police 
and Law Enforcement Units in All UP. Campuses. - 
Prior notification shall be given by the Philippine 
National Police (PNP) or any other law enforcement 
agency intending to conduct any 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. ii-C. Prohibition on the Entry of PNP and Other 
Law Enforcement Agency Personnel in all UP. 
Campuses. - Except in cases of hot pursuit or similar 
occasions of emergency, or if indispensably necessary 
in the maintenance of security and peace and order as 
determined by 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, no member of 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 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 PNP or other law enforcement 
agency is indispensable to the maintenance of security


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and peace and order within U.P. premises, the said 
U.P. official shall so inform in writing the head of the 
PNP or other law enforcement agency units, as may be 
appropriate, 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 with proper identification of the 
PNP or other law enforcement agencies so requested 
under the previous paragraph shall be allowed entry 
into the campus or regional unit concerned, except 
where the assistance requested specifies otherwise.
SEC. ii-D. 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.


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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. 11-E. Limitations on the Arrest, Detention, and 
Custodial Investigations ofU.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. 11-F. 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, except to maintain security and


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peace and order upon request by the U.P President,
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or Chancellor of the constituent university, or Dean of
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the regional unit concerned, or their respective
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officers-in-charge in the event of their absence under
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Section ii-C. In all instances, the policy of maximum
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tolerance shall be observed.
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U.P. officials shall be deemed responsible for the
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behavior of their students, faculty, and employees in
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such activities.
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SEC. ii-G. Strengthening of U.P.’s Security, Police,
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and Firefighting Capabilities. - U.P. officials shall
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endeavor to strengthen U.P.’s own security, police,
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and fire-fighting capabilities to prevent its campuses
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from being exploited by malefactors or criminal
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elements.
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SEC. ii-H. Establishment of a Joint Monitoring
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Group. - A Joint Monitoring Group shall be
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established composed of the U.P. Faculty Regent, the
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U.P. Student Regent, the U.P. Vice-President for
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Public Affairs or his representative, the U.P. Vice
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Chancellor for Student Affairs, the Undersecretary of
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National Defense for Civilian Relations, the PNP
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Assistant Chief of Staff for Operations, the PNP
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Director of the Civil Security Group, and the AFP
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Judge Advocate General or his representative. The
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Joint Monitoring Group shall meet at least twice a
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year to ensure and determine compliance with
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Sections ii-A to ii-G."
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Sec. 3. Penalty Clause. - Any violation of Secs. 11-A to 11-F of Section 2 of this
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Act shall be punished by imprisonment of six years to twelve years. The AFP, PNP, or
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law enforcement officer who authorized and issued orders, or in any way took part in
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the planning of any operation or activity knowing that such operation or activity is in
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violation of the said provisions of this Act, that thereafter eventually results in the


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violation of said provisions of this Act, shall suffer the same penalty as the officers and
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personnel who directly conducted the operation or activity.
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Sec. 4 Separability Clause. - If any provision of this Act is declared
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unconstitutional or invalid, other parts or provisions hereof not affected shall continue
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to be in full force and effect.
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Sec. 5. Repealing Clause. - All laws, executive orders, presidential decrees,
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presidential proclamations, letters of instruction, rules and regulations or parts
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thereof which are inconsistent with the provisions of this Act are hereby repealed or
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modified accordingly.
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Sec. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days following
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its publication in the Official Gazette or in two (2) newspapers of general circulation
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in the Philippines.
Approved,