Section 1. Title . - This document shall be known as the Magna Carta of Students of the University of the Philippines (“The Magna Carta”). Section 2. Coverage . – The Magna Carta shall apply to the University of the Philippines in Diliman and its extension program in Pampanga. Chapter I: General Principles Section 3. Declaration of Principles . – Consistent with the principles enumerated in The University of the Philippines Charter of 2008 (Republic Act No. 9500), as well as the basic tenets of academic freedom, fundamental rights, and democratic liberties, particularly those which find resonance in the context of academic and educational communities, it is hereby declared the policy of the University that:
1. The thrust of the University of the Philippines or Tatak UP is to inculcate among its students an unwavering commitment to the highest standards of academic excellence coupled with a deep and meaningful national consciousness befitting their stature as scholars of the National University. It shall be the duty of the University to produce graduates who are equipped with the intellectual preparation and sense of patriotism needed for them to become leaders in their chosen professions and vocations and to be catalysts of social justice and development. Towards this end, the University shall endeavor to foster creativity, critical thinking, resourcefulness, leadership skills, as well as socio-political consciousness, rights awareness and rights responsiveness, and a sense of national responsibility and civic duty among its students in an academic community that observes and protects the democratic rights and processes of students and student organizations. 2. The students’ right to participate actively and effectively in processes which effectuate progressive and developmental reforms within the University shall always be recognized and shall never be subjected to arbitrary and unlawful restrictions subversive to the students’ fundamental democratic rights. The students, the student organizations, and the University administration shall regard each other as indispensable and collaborative partners in all efforts to preserve, protect and advance the rights and welfare of students. 3. Student organizations shall develop in line with the University’s vision and mission, and serve as exemplars and advocates of democratic processes on campus. 1 This
proposed Magna Carta was drafted by Messrs. Jayson Edward San Juan (Philippine Collegian Associate Editor, 2005 – 2006 and USC Councilor, 2001) and Ryan Hartzell Balisacan (Philippine Law Journal Vice Chair, 2006 – 2008). For Sections 30 and 32 (List of Violations and Penalties that will become an integral part of this document), as well as other provisions, p rovisions, we urge our fellow iskolars ng bayan to give proposals and to participate in upcoming fora that will discuss these issues.
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Membership and active participation in student organizations, alliances, and federations that promote and protect student rights and welfare, and contribute to national development shall be guaranteed by all members of the University community. 4. Student organizations shall not be subjected to rules and regulations that unduly hamper their activities and are prejudicial to their objectives and interests. Towards this end, it shall be the policy of the University that administrative regulations that impact on the organization, formation, and operations of student organizations shall not be adopted and promulgated without adequate consultation with affected sectors of the University. 5. The University Student Council and college student councils, being representatives of the studentry, shall have the right to participate in the formation of school policies directly affecting the students. The University administration, in all matters affecting the rights and welfare of students, shall recognize and respect the mandate of student representatives and engage them in meaningful consultation and dialogue. 6. The Philippine Collegian, college publications, and other student publications shall continue to enjoy guaranteed rights of editorial, management, and fiscal autonomy. The University hereby declares it a policy to provide all the necessary and sufficient conditions for the effective and full exercise of the students’ freedom of expression through the medium of the student press, in recognition of the niche earned by alumni and alumnae of the University in the history of the campus press movement and the defense of human rights and liberties even during eras of state s tate repression. 7. With their democratic rights guaranteed, students of the University shall serve as potent forces in the country’s national transformation by being at the forefront of the student movement and being advocates of student rights and welfare in partnership with their colleagues and contemporaries. Section 4. Definition of Terms . – Unless otherwise provided for in the Magna Carta, all terms used shall have their meanings and usage defined in Republic Act No. 9500 (“The University of the Philippines Charter of 2008”). Chapter II: Student Rights Section 5. Right against discrimination in educational institutions . – (a) Subject to fair, reasonable and equitable admission requirements, no student shall be denied admission, expelled from the University, punished with disciplinary action, or denied welfare services, scholarships and other privileges on the basis of his/her physical handicap, socio-economic status, political and religious beliefs, sexual orientation, or membership in student organizations. Pregnant students, certified reformed drug abusers, and students with HIV/AIDS shall not be discriminated against.
(b) A student shall have the right to freely choose his/her field of study subject to existing academic policy and curricula, and to continue his/her course up to graduation except in cases of academic deficiency or violation of disciplinary regulations that do not infringe upon the exercise of student rights. For this purpose, the University administration shall undertake to inform students of the rules 2|Page
and regulations regarding academic matters as well as student conduct and discipline in a manner consistent with the requirements of due process. Changes in such rules and regulations, other than those of purely administrative nature, shall be adopted only after prior consultation with concerned and affected students. Section 6. Right to competent instruction and relevant quality education . – Every student shall have the right to competent instruction and quality education. To achieve this goal, the University is required to enforce a written evaluation of the performance of faculty members by students at the end of every semester, the results of which shall be an essential basis for the retention and promotion of the faculty member. The University, in the interest of preserving the integrity and effectivity of this evaluation mechanism, shall undertake sufficient measures to ensure that students will not be unduly prejudiced as a consequence of their participation in such evaluations. Section 7. Right to organize . – (a) Unity and collective effort being fundamental to the realization of common goals and the promotion and protection of common interests, the University recognizes the right of students to organize among themselves. The right of students to form, assist, or join organizations, alliances, or federations along their physical, intellectual, moral, cultural, civic, spiritual, and political interests shall not be abridged.
(b) The University Student Council, in coordination with the Office of Student Affairs, shall take charge in the accreditation of student organizations. No unreasonable requirements shall be imposed on student organizations seeking recognition. Any group of fifteen (15) students, and at least five (5) officers may apply for accreditation of their organization at the beginning of the first semester. The guidelines for accreditation of student organizations shall be formulated jointly by the University Student Council and the heads of all student organizations. (c) The Office of Student Affairs shall have the mandate to implement the guidelines and mediate in conflicts emerging from the accreditation process. Until guidelines for accreditation shall have been formulated, student organizations shall be granted accreditation upon the submission of a formal letter of application, constitution and bylaws, a list of officers with their names, respective positions, majors, year levels, addresses and telephone numbers, birthdates, specimen signatures, and certified true copies of their Form 5, list of at least fifteen (15) members with their names, respective positions, majors, year levels, addresses and telephone numbers, birthdates, specimen signatures, and certified true copies of their Form 5, certification of a faculty adviser, and proposed activities for the academic year. (d) The administration shall endeavor to provide, free of charge, a hall or building to house the offices of student organizations within the premises of the University. Furthermore, whenever possible, the school administration shall allow student organizations to use school facilities free of charge, or at such discounted rates as may be sufficient to cover only the necessary maintenance and upgrading expenses. (e) Acts that impair the right of students to organize are prohibited: 1. Signing of waivers or similar documents that use membership to any organization as a basis for admission to or expulsion from schools, including the imposition of disciplinary actions;
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2. Discriminatory policies in the assignment of school facilities and in granting other privileges to student organizations; and 3. Excessive charges for the use of school facilities. Section 8. Right to adequate welfare services and academic facilities . – It shall be the responsibility of the administration to provide students with adequate welfare services and academic facilities. These services and facilities shall include, but should not be limited to:
1. Free annual physical check-up to the students, free access to emergency medical and/ or first aid procedures at the University Infirmary, and discounted rates of drugs and other medicines at the University Infirmary’s pharmacy; 2. Adequate and up-to-date laboratory, library, research, recreation and physical education facilities, as well as access to the internet and other modern means of academic research; 3. Communications system to ensure that students are promptly notified of letters and other relevant information; and 4. Adequate, safe and clean housing facilities, such as dormitories, for students inside campuses. The administration may accredit out-of-campus dormitories in case existing in-campus dormitories are inadequate to accommodate additional students. Section 9. Right to information . – The right of students to information on matters affecting their welfare shall be recognized. Therefore, the University Student Council, student organizations, and individual students shall have access to the school’s official acts, transactions, or decisions subject only to reasonable regulations. Section 10. Right to freedom of expression . – (a) Students shall have the right to freely express their views and opinions. They shall have the right to peaceably assemble and petition the government and the University for the redress of their grievances. No regulation shall be imposed violating or abridging the student’s right to assembly, except regulations as to time, manner, and place, and only on the basis of the protection of the rights of other members of the academic community in the presence of clear and present danger.
(b) Students shall have access to print and broadcast media in their information activities. They shall also have the right to print, circulate and/or mount leaflets, newsletters, posters, wall news, petitions and such other materials. The administration shall ensure the provision of facilities such as bulletin boards for the mounting of the aforementioned materials. (c) The administration is required to designate ”Freedom Squares” within University premises where students can express their grievances or organize activities without undue interference from University and/ or national authorities except only in cases involving violation of the laws or damage to human life or property. Section 11. Academic freedom . – Students’ academic freedom shall consist of, but not limited to, the following: 4|Page
1. To conduct researches in connection with academic work, and to freely discuss and publish their findings and recommendations; 2. To conduct inquiry within the campus in curricular and extra-curricular activities; 3. To choose a field of study and to pursue the quest for truth; to express their opinion on any subject or public or general concern which directly or indirectly affects the students of the educational system; 4. To invite off-campus speakers or resource persons to student-sponsored assemblies, fora, symposia, and other similar activities; 5. To express contrary interpretations or dissenting opinions inside and outside the classroom, without being subjected to undue prejudice from authorities; 6. To participate, through their respective College Student Councils, in the drafting of a new curriculum and in the review or revision of the old, as well as in other policy and decision-making processes which directly impact their academic life; 7. To participate, through the University Student Council, in the drafting and/or revising of the Magna Carta, or of any student handbook or code, a copy of which shall be furnished the students upon admission to the University; and 8. To be free from any form of indoctrination leading to imposed ideological hegemony. Section 12. Right against illegal searches and seizures . – (a) Except for the following instances, any form of unreasonable search and seizure shall be illegal:
1. Searches made at the point of ingress and egress by authorized personnel of the University or of the College; 2. Searches and seizure of articles deemed illegal under existing laws falling in the plain view of duly authorized personnel; 3. Searches and seizures of articles that are illegal, discovered inadvertently by duly authorized personnel; 4. Searches made when the student is about to commit, is committing or has just committed a crime or a serious infraction of the University’s rules and regulations; and 5. Searches made with a valid search warrant. (b) Articles seized in violation of the hereinabove provided rights shall not be used as evidence against the student in any disciplinary action that may be brought against him/her. Section 13. Access to school records and issuance of official certificates . - Every student shall have access to his/her own school records, the confidentiality of which the school shall maintain. He/She shall 5|Page
have the right to be issued official certificates, diplomas, transcripts of records, grades, transfer credentials and other similar documents within thirty (30) days from the filing of request and accomplishment of all pertinent requirements. Section 14. Right to privacy . - The privacy of communication and correspondence among students shall remain inviolable. Section 15. School fees and other tariffs . - (a) Except those approved by their own student organizations, all involuntary contributions shall be prohibited.
(b) In releasing documents, academic records, and similar certifications, schools are prohibited from imposing fees beyond the actual cost of reproducing the documents. (c) Minimum standards in consultation shall be strictly observed in imposing tuition and other fee increases. To this end, no tuition and other fee increase shall be allowed unless the following procedures are observed: 1. Posting of notice of increase in tuition and other fees an academic year prior to the implementation of the proposed increase. The University Student Council shall be directly notified on the proposed increase; 2. At least one University Convocation shall be held with the students to discuss the proposed increase. This shall be attended by the University President or the Chancellor and at least one member of the Board of Regents other than the Student Regent. Additional convocations shall be scheduled as the necessity arises; 3. All documents pertaining to the proposed increase shall be made available to be inspected by any student. Refusal of the University to show its audited financial documents, records, studies and simulations that form the bases of the proposed increase, and other documents for student inspection shall mean an automatic denial of its proposal for increase; and 4. Prior to the final approval of the proposed increase, the students, through the University Student Council or their respective College Student Councils, shall be allowed to present their position to the Board of Regents on the proposed increase. Section 16. Right to Representation . – (a) The University shall recognize the right of students to be represented, through the University Student Council, in all policy-making bodies handling issues that affect them. The University Student Council, through its designated agents, shall sit as a non-voting observer in the University Council and in all its committees and bodies. It shall be allowed to participate in the deliberations and discussions of the University Council.
(b) The University Student Council can meet with the Chancellor and the Executive Committee every semester to discuss pertinent university issues. In addition, the University Student Council shall have access to the minutes of the meetings of the University Council, its committees and bodies, and of the Chancellor’s Executive Committee Chapter III: The University Student Council 6|Page
Section 17. University Student Council . – The University shall ensure the democratic and autonomous existence of the University Student Council. The University Student Council shall have its own set of officers elected in annual popular elections. Section 18. Charter of the University Student Council . – (a) The University Student Council shall have a charter crafted by the head or representatives of all recognized student organizations and ratified through a two-thirds (2/3) vote by all students that shall lay down the organization, functions, and responsibilities of the University Student Council.
Until provided otherwise, the existing constitution of the University Student Council shall remain in full force and effect. (b) The University Student Council shall have the right to determine its policies and programs on student activities subject to its charter and to school rules and regulations provided that the latter does not infringe on basic the rights and freedoms of students. Section 19. Funds of the University Student Council . – There shall be a fee to be collected from students to finance the operations of the University Student Council, the amount of which shall be determined by the University Student Council in consultation with the heads of recognized student organizations. The administration shall collect the University Student Council fee during the enrolment period every semester, and shall turn over the collected amount to the University Student Council fifteen (15) days after the end of the enrolment period, Provided that , the University Student Council shall issue a financial report at the end of every semester. Section 20. College Student Councils . – (a) Student councils in different colleges, schools, and degreegranting units shall be established as autonomous and self-governing bodies to represent the students in their respective jurisdictions.
(b) The college student councils shall have their respective charters or enabling rules of establishment, Provided that , in the absence of such charters or enabling rules, the college student councils shall adopt the Charter of the University Student Council in toto or in a suppletory manner. Chapter IV: The Philippine Collegian Section 21. The Philippine Collegian . – There shall be established the Philippine Collegian as the official student publication of the University, in accordance with Republic Act No. 7079 (“The Campus Journalism Act of 1991”), and other existing rules and policies promulgated by the Board of Regents. Section 22. Rules governing the Philippine Collegian . – (a) The Philippine Collegian shall have a body of rules crafted either by any student, the Editorial Board, or both, and ratified through a simply majority vote by the Board of Regents. The rules shall lay down the organization, functions, and responsibilities of the Philippine Collegian.
Unless provided otherwise, the existing rules governing the Philippine Collegian shall remain in full force and effect.
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(b) The Philippine Collegian shall have the right to determine its policies and programs, and enjoy editorial autonomy, other rights stipulated in Republic Act No. 7079, and other existing rules and policies. Section 23. College publications . – There shall be established college publications in different colleges, schools, and degree-granting units in the University. The college publications shall enjoy the same rights as those of the Philippine Collegian, subject to the limitations imposed by their own charters or enabling rules. Section 24. Other student publications . – Other student publications, including but not limited to organizational newsletters, special interests publications, pamphlets, and others not classified under the preceding sections shall be established by any student or student organizations without prior approval of University administration. These publications shall enjoy editorial and fiscal autonomy, and shall be free from prior restraint and censorship. Chapter V: Student Discipline Section 25. Right to due process . – The right to due process of students subjected to disciplinary proceedings shall be strictly observed and respected. Any disciplinary sanction that maybe taken against a student shall not be valid unless the following rights have been accorded the student:
1. The right to be informed in writing of the nature and cause of the accusation against him/her; 2. The right to confront witness against him/her and to full access to the evidence in the case; 3. The right to defend himself/herself, and in cases of minors, to be defended by a representative or counsel of his/her choice, adequate time being given to him/her for the preparation of his/her defense; 4. The right to a hearing before the appropriate disciplinary bodies; 5. The right against self-incrimination; 6. The right to appeal adverse decisions of the disciplinary bodies to the appropriate administration levels, and ultimately to the proper courts; and 7. The right to confidentiality of proceedings. Section 26. Disciplinary proceeding . – The decision in any disciplinary proceeding must be rendered on the basis of relevant and substantial evidence presented at the hearing, or at the least contained in the record and disclosed to the student affected. The deciding body should, in all controversial questions, render its decision in such a manner that the issues involved, and the reasons for any decision rendered are made clear to the student. Section 27. Nature of disciplinary action . – Disciplinary sanction shall be corrective rather than punitive in nature. The gravity of disciplinary sanctions must be proportionate to the seriousness of the violation committed. In the imposition of disciplinary sanctions, University authorities shall operate 8|Page
on the principle that the University is primarily an academic institution, and that the exercise of disciplinary authority is but incidental to its primordial function. As such, efforts must be exerted not to treat disciplinary proceedings as retributive mechanisms but remedial measures to reestablish the harmonious academic environment breached by the misconduct of the student. Reintegration into the academic community must inform, guide, and animate all decisions and resolutions of disciplinary bodies. Section 28. Disciplinary bodies . – There shall be two (2) disciplinary bodies covering different jurisdictions: the Student Disciplinary Council and the College Disciplinary Council. Section 29. The Student Disciplinary Council . - There shall be a Student Disciplinary Council to be composed of a Chairperson, who shall be a member of the Philippine Bar to be appointed by the Chancellor, seven (7) faculty members holding regular appointments to be endorsed by the University Council, and seven (7) students of good academic and disciplinary standing to be endorsed by the University Student Council. The Student Disciplinary Council, sitting en banc or, in its discretion, in divisions of five, shall conduct investigations into and decide on cases of student violations of disciplinary standards. The Student Disciplinary Council shall formulate the guidelines for the imposition of the disciplinary proceedings.
The Chairperson shall hold a non-renewable term of three (3) years, the faculty members for two (2) years, and student members for one (1) year. Section 30. Jurisdiction of the Student Disciplinary Council . – The Student Disciplinary Council shall hear and resolve cases involving serious misconduct, excluding intellectual dishonesty, and less serious misconduct involving more than one college. The list of violations and penalties thereto is hereby attached as Annex A, and is made an integral part of the Magna Carta. Section 31. The College Disciplinary Council . – There shall be a College Disciplinary Council to be composed of a Chairperson appointed by the Dean of the College, three (3) faculty members to be endorsed by the college faculty, and three (3) students to be endorsed by the college student council. The College Disciplinary Council, sitting en banc or, in its discretion, in divisions of three, shall conduct investigations into and decide on cases of student violations of disciplinary standards. The College Disciplinary Council shall formulate the guidelines for the imposition of the disciplinary proceedings.
Members of the College Disciplinary Council shall have the same qualifications and terms of office as members of the Student Disciplinary Tribunal. Section 32. Jurisdiction of the College Disciplinary Council . – The College Disciplinary Council shall hear and resolve cases involving serious misconduct, excluding intellectual dishonesty, and less serious misconduct involving a particular college. The list of violations and penalties thereto is hereby attached as Annex B, and is made an integral part of this Magna Carta. Section 33. Alternative Dispute Resolution . – (a) In cases of less serious offenses involving more than one college, the Student Disciplinary Council shall offer parties to undergo alternative dispute resolution. If both parties agree, the Chairperson of the Student Disciplinary Council shall appoint a mediator from among the members of the University Council. The mediator shall sign an undertaking disclosing any relationship with any of the party involved. 9|Page
(b) In cases of less serious offense involving one college, the College Disciplinary Council shall offer parties to undergo alternative dispute resolution. If both parties agree, the Chairperson of the College Disciplinary Council shall appoint a mediator from among the members of the University Council. The mediator shall sign an undertaking disclosing any relationship with any of the party involved. Section 34. Appeal . – (a) Decisions made by the Student Disciplinary Tribunal shall be appealable to the University Council. The appellant shall have fifteen (15) working days from receipt to appeal the decision of the Student Disciplinary Council.
(b) Decisions made by the College Disciplinary Tribunal shall be appealable to the College Faculty Council. The appellant shall have fifteen (15) working days from receipt to appeal the decision of the College Disciplinary Council. Section 35. Appeal to the Board of Regents . – In disciplinary cases where the penalties ranging from expulsion, dismissal, suspension of at least one semester, and withdrawal of graduation degrees have been affirmed by the University Council, the decision shall be appealable to the Board of Regents. The appellant shall have fifteen (15) working days from receipt to appeal the decision of the University Council. Section 36 . Withdrawal of Appeal . - The appellant shall reserve the right to withdraw any pending appeal before higher disciplinary bodies at any time, in which case, the decision of the disciplinary body appealed from shall be deemed ipso jure final and executory, with all the necessary and appurtenant legal consequences thereof. Chapter VI: Intellectual Dishonesty Section 37. Intellectual dishonesty . - The faculty has exclusive jurisdiction over matters of intellectual dishonesty. The faculty has the right to define standards of intellectual honesty on students, and exact norms of academic scholarship. The faculty considers acts of intellectual dishonesty as violations of academic integrity. Section 38. Duties of the academic community . – Any member of the academic community, student and faculty members alike, has the duty to report any violation of intellectual dishonesty. The complaint shall be made either verbally or in writing. Section 39. The University Council . – Upon receipt of a complaint against any member of the academic community who allegedly committed intellectual dishonesty, the University Council shall convene an independent panel composed of five (5) members from among its ranks. The independent panel shall be faculty members from colleges and/or units other than that of the accused. The panel shall elect a Chairperson from among themselves.
The independent panel shall be vested with powers to investigate and ascertain the validity of the complaint. It shall be invested with the required powers to discharge its duties, including but not limited to, (1) invite the parties, including possible witnesses, and (2) request for documents and other evidences to aid its investigation. It shall have a maximum of sixty (60) working days to complete its investigation.
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After its investigation, the panel shall give its written report and recommendation to the University Council. The University Council shall have fifteen (15) days upon receipt of the report to either affirm or revoke the recommendation. Section 40. Appeal . – Any decision made by the University Council is appealable to the Board of Regents. The appellant shall have fifteen (15) working days upon receipt to appeal the decision of the University Council. Chapter VII: Final Provisions Section 41. Approval through Student Plebiscite . – The Magna Carta shall be ratified through a plebiscite of all students in the Diliman and Pampanga campuses. The Magna Carta shall enter into force upon an affirmative vote of simple majority of all students. Section 42. Administration and Enforcement . – Within thirty (30) days after the approval of the Magna Carta, all sectors of the University, namely the administration, the faculty, the non-teaching staff, and the students shall promulgate the necessary rules and regulations to implement the provisions of this document. Section 43. Separability Clause . – If any provision of the Magna Carta is declared invalid, the remainder thereof not affected thereby shall continue to be in force. Section 44. Effectivity . – The Magna Carta shall take effect the semester after its approval.
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