1
The Abrogation of the UP Diliman-DND Accord and Academic Freedom
What is academic freedom?
Academic freedom, as defined by Encyclopedia Britannica, is:
“..the freedom of teachers and students to teach, study, and pursue knowledge and research without
unreasonable interference or restriction from law, institutional regulations, or public pressure. Its
basic elements include the freedom of teachers to inquire into any subject that evokes
their intellectual concern; to present their findings to their students, colleagues, and others; to
publish their data and conclusions without control or censorship; and to teach in the manner they
consider professionally
appropriate. For students, the basic elements include the freedom to
study subjects that concern them and to form conclusions for themselves and express their
opinions.”1
This rationale for academic freedom is the greater interest of society. Academic freedom advances
knowledge, knowledge improves society, and knowledge is best promoted when inquiry is free
from restraints by the government, by the church, by or by special-interest groups.
Why is Academic Freedom Important?
The benefits of academic freedom reach not only professors, students and institutions but the
broader society through the creation of new knowledge and innovations, and ultimately, through
political, economic, social and technological progress. In short, academic freedom serves the
common good.
Academic freedom is indispensable to the mission of higher education institutions and to those
individuals involved in teaching, learning and research.
1
https://www.britannica.com/topic/academic-freedom
2
Without academic freedom, critical thinking cannot develop. Without critical thinking, higher
learning is impossible. Given this importance, it is not surprising that academic freedom has been
a pillar of higher education since its inception in European universities during the Middle Ages,
particularly at the University of Leiden in 1575 .2
Academic freedom is a basic human right. Academic freedom prescribes the freedom to teach and
the freedom to learn, both of which are essential to higher education.3
For faculty, academic freedom includes the right to pursue intellectual inquiry attendant to their
areas of study and research, and to teach in ways they consider as most befitting to the course and
to the core values of the university. For students, academic freedom includes the freedom to
formulate their own conclusions and viewpoints.
It is to be noted that, academic freedom includes the right of students and faculty to teach and
publish in their areas of expertise without intervention; to write or speak on any topic, and
protection for free expression inside the campus.4
An indispensable principle of academic freedom holds that the untrammeled traffic of ideas in
the campus is essential to good education. In particular, academic freedom includes the right of
the faculty, as individuals or as body, to freely determine: (1) curriculum; (2) course content; (3)
teaching; (4) student evaluation; and (5) the approaches or methodologies of scholarly research.
These rights embodied in academic freedom are protected by two cherished practices in the
academe — common governance and tenure. These two practices guarantee that universities are
"safe havens" for research, sanctuaries where students and scholars can subject any conventional
wisdom of any field, be these in the arts, sciences, or politics to unrelenting scrutiny 5
Academic freedom is essential to democracy
https://www.universityworldnews.com/post.php?story=20180404101811251
3 Ibid.
4 Ibid.
5https://www.aft.org/position/academic-freedom
2
3
Academic Freedom In the Philippine Constitution
Article 14, Sections 5.2 to 5.4 of the Philippine Constitution provides that: 5.2 Academic freedom
shall be enjoyed in all institutions of higher learning. 5.3 Every citizen has a right to select a
profession or course of study, subject to fair, reasonable, and equitable admission and academic
requirements. 5.4 The State shall enhance the right of teachers to professional advancement.6
Academic Freedom in Philippine Higher Education
RA 7722 , otherwise known as the “Higher Education Act of 1994” states in its Declaration of
Policy (Section 2) : “The State shall likewise ensure and protect academic freedom and shall
promote its exercise and observance for the continuing intellectual growth, the advancement of
learning and research, the development of responsible and effective leadership, the education of
high-level and middle-level professionals, and the enrichment of our historical and cultural
heritage.”[ https://lawphil.net/statutes/repacts/ra1994/ra_7722_1994.html]
Academic Freedom In the University of the Philippines
Section 5 of RA 9500 Titled “An Act to Strengthen the University of the Philippines as the
National University: states: “The national university has the right and responsibility to exercise
academic freedom.” Section 27 further states: “Any case of doubt in the interpretation of any of
the provisions of this Charter shall be resolved in favor of the academic freedom and fiscal
autonomy of the University of the Philippines.”7
Section 2.2 of the UP Diliman Faculty Manual states: Academic freedom is the right of the teacher
to teach the subject of her/his specialization according to her/his best lights; to hold, in other
subjects, such ideas as s/he believes sincerely to be right; and to express her/his opinions on public
6
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987constitution-of-the-republic-of-the-philippines-article-xiv/
7 http://legacy.senate.gov.ph/republic_acts/ra%209500.pdf
4
questions in a manner that shall not interfere with her/his duties as a member of the faculty or
render her/him negative in her/his loyalty to the school, college, or university that employs
her/him.8
Within the above framework, the following principles are further declared in the UP Diliman
Faculty Manual.9 It is, to this writer, the most concise definition of academic freedom to come
from UP Diliman. I have italicized some phrases for emphasis.
a. The University of the Philippines shall not impose any limitation upon the teacher's freedom in
the exposition of his/her own subject in the classroom or in addresses and publications;
b. No teacher may claim as his/her right the privilege of discussing in his/her classroom
controversial topics that are not pertinent to the course of study that is being pursued;
c. The University of the Philippines should not place any restraint upon the teacher's freedom in
the choice of subjects for research and investigation undertaken on his/her own initiative;
d. The University of the Philippines should recognize that the teacher, in speaking or writing
outside of the institution on subjects beyond the scope of his/her own field of study, is entitled to
the same freedom and is subject to the same responsibilities as attached to all other citizens but in
added measure;
e. It is clearly understood that the University of the Philippines assumes no responsibility for views
expressed by members of its staff; and the faculty members themselves should, when necessary,
make it clear that they are expressing only their personal opinions;
f. If the conduct of a teacher in her/his classroom or elsewhere should give rise to doubts
concerning her/his fitness for her/his position, the question should in all cases be submitted first to
8
UP Diliman Faculty Manual pp 18-20
https://iskomunidad.upd.edu.ph/index.php/2.0_ACADEMIC_FREEDOM_OF_FACULTY_MEMBERS
9 Ibid
5
a committee of the faculty, and in no case should any member of the teaching staff be dismissed
before the normal termination of her/his period of appointment without full and open hearing
before the Board of Regents, should s/he desire it, and only upon sufficient notice.
The Mandate of the Department of National Defense of the Philippines
The DND’s mandate is to serve and protect the Filipino people, protect the State and to ensure
security and peace where the sovereignty of the Philippines is present.10
The Department of National Defense (DND) is the executive department of the Philippine
government tasked with guarding the Republic of the Philippines “against external and internal
threats to national peace and security, and to provide support for social and economic
development.”11
The DND exercises executive supervision over the Armed Forces of the Philippines (AFP),
the Office of Civil Defense (OCD), the Philippine Veterans Affairs Office (PVAO), the National
Defense College of the Philippines (NDCP), the Government Arsenal (GA), and Veterans
Memorial Medical Center (VMMC). It is also responsible for disaster preparation and
management in the country.
The DND is headed by the Secretary of National Defense, who is a member of
the President's cabinet. The current Secretary of National Defense of the Philippines is Delfin
Lorenzana as of June 30, 2016.
10
https://www.officialgazette.gov.ph/history-the-department-of-nationaldefense/#:~:text=The%20Department%20of%20National%20Defense%20(DND)%20is%20tasked%20with%20guarding,for
%20social%20and%20economic%20development.%E2%80%9D
11
https://www.google.com/search?q=department+of+national+defense+republic+of+the+philippines+functions&oq=Departme
nt+of+National+Defense+Republic+of+the+Philippines&aqs=chrome.3.69i57j33i22i29i30l8.24699j0j7&sourceid=chrome&ie=
UTF-8
6
We will assume that the DND means what it says when it declares its mandate. After all, we are
living under a legitimate liberal, democratic, and constitutional system of government. The DND,
as an indispensable part of this government, has changed a lot since the dark days of martial law,
and we are inclined to believe that it too is a legitimate state agency of the that serves and protects
the Filipino people.
It is in the latter spirit therefore, that we view Sec. Delfin Lorenzana’s statement his decision to
abrogate the UP-DND Accord was dictated by love of country and we quote: "Abrogating the
DND agreement with UP is a fulfillment of a patriotic duty. Even though it is an unpopular move,
my intentions are pure. My goal is simple -- to minimize the threat to the youth."12
The DND is charged with the duty of supervising the National Defense Program of the country. It
also has responsibility for overseeing field operations to ensure the judicious and effective
implementation of National Defense and Security Programs.13
The DND and the Local Armed Communist Insurgency
The Philippine government has so far failed to establish authority in large parts of the country due
to the ongoing communist insurgency. The struggle has gone on for more than 50 years and has
caused the death of more than 40,000 combatants and civilians. The New People’s Army is still a
force to contend with in the different regions where they operate. The government has succeeded
in reducing their numbers but it can’t be said that the NPA is a destroyed entity; far from it. 14
The NPA attained its greatest strength was in the 1980s, as the dictatorial government of Ferdinand
Marcos collapsed and was replaced by the Corazon Aquino administration. The NPA has
developed into a mass movement, which is in coordination with legal organizations operating
principally in the urban areas, under the guidance of the Communist Party of the Philippines (CPP).
Lorenzana claims UP-DND accord abrogation a ‘patriotic
duty’https://www.gmanetwork.com/news/news/nation/773051/lorenzana-claims-up-dnd-accord-abrogation-a-patriotic-duty/story/
13 Ibid.
14 https://www.crisisgroup.org/asia/south-east-asia/philippines/communist-insurgency-philippines-tactics-and-talks
12
7
An internal struggle in the Nineties hobbled the organization briefly and decreased its mass base.
However, in the present time, the NPA, if it has not increased in numbers, has nevertheless
succeeded in surviving and pestering government development efforts. 15
National Task Force to End Local Communist Armed Conflict (NTF - ELCAC)
President Rodrigo R. Duterte created NTF-ELCAC in December 2018 as his administration’s
definitive vehicle that mobilizes the entire bureaucracy, its networks and resources to crush the
50-year-old communist rebellion. President Duterte hopes to end the 53 year old insurgency before
his term ends, or greatly weaken it.
With NTF-ELCAC, the Duterte government is taking the fight against communist insurgents to
villages and communities with more intensity than in previous administrations. This would include
the UP Diliman campus, we can suppose. The task force tracks down rebel presence and influence
in all areas of society, and shapes public opinion against them.16
The 1989 University of the Philippines–Department of National Defense Accord
The 1989 University of the Philippines–Department of National Defense accord (UP–DND
accord) was a bilateral agreement between the Department of National Defense (DND) and
the University of the Philippines (UP). It restricted military and police access and operations inside
the university.17
Some years earlier, on October 28, 1981, an agreement between then UP student leader Sonia Soto
and then defense minister Juan Ponce Enrile, known as the Soto–Enrile Accord, was signed to
protect students from the presence of the military and police in any of UP's campuses.18
15
16
Ibid.
https://www.rappler.com/newsbreak/in-depth/duterte-final-gambit-task-force-against-communists
1989 agreement of UP and DND on military and police operations in the UP system". The Philippine Collegian. October
25, 2015 [1989]. Retrieved January 20, 2021.
18 Magsambol, Bonz (January 19, 2021). "What you need to know about the 1989 UP-DND accord". Rappler.
Retrieved January 20, 2021.
17
8
Shortly before the signing of the UP-DND Accord, on June 16, 1989, Donato Continente, a
Philippine Collegian staffer and suspected communist, was arrested inside the UP Campus for his
involvement in the assassination of US Army Col. James Rowe on April 21, 1989. Continente was
subsequently convicted but the Supreme Court of the Philippines later shortened his sentence,
releasing him on June 28, 2005. He had been in prison for over 14 years. The court did not believe
his not guilty plea. He claimed that he was tortured and abducted by authorities to admit that he
took part in the killing19
Fourteen days after Continente’s arrest, on June 30, 1989, UP President Jose V. Abueva and
Defense Secretary Fidel V. Ramos, signed the UP-DND Accord, superseding the 1981 Soto–
Enrile accord. The agreement was made to ensure the academic freedom of UP's students and
prevent state officials from interfering with students' protests.20
The Main Points of the UP-DND Accord of 1989
The main points of the UP-DND Accord of 1989 are: 21
1. The military or police shall give prior notice to the school administration before conducting
operations in any of the UP campus.
2. No military or police shall enter the premises of any of the UP campuses “except in cases of
hot pursuit and similar occasions of emergency.”
3. The military or police will be allowed to enter UP campuses in case the school administration
requests for their assistance
4. The military or police “shall not interfere with peaceful protest actions by UP constituents
within UP premises.”
5. The service of search or arrest warrants on any UP student, faculty, employee or invited
participants in any official UP activity shall, as far as practicable, be done after prior
19
Why the 1989 UP-DND Accord was signed". ABS-CBN News. January 19, 2021. Retrieved January 21, 2021.
Ibid.
21 https://www.rappler.com/newsbreak/iq/things-to-know-1989-up-dnd-accord
20
9
notification is given to the UP President, Chancellor of the constituent university, or Dean of
the concerned regional unit.
6. No warrant shall be served without the presence of at least 2 UP faculty members designated
by the appropriate UP official.
7. The arrest or detention of any UP student, faculty or personnel anywhere in the Philippines
shall be reported immediately by the responsible head of the military or police unit effecting
the arrest or detention to the university official.
8. No UP student, faculty or employee shall be subjected to custodial investigation without prior
notice to the school administration.
9. A joint monitoring group composed of the UP Faculty Regent, UP Student Regent, UP Vice
President for Public Affairs or [their] representative, UP Vice Chancellor for Student Affairs,
and military and police officials shall meet at least twice a year to determine compliance with
the accord.
10. Nothing in the agreement “shall be constructed as a prohibition against the enforcement of the
laws of the land.”
Termination of The 1989 University of the Philippines–Department of National Defense
Accord
On January 18, 2021, DND Secretary Delfin Lorenzana announced the unilateral termination of
the UP-DND Accord, stating that the CPP-NPA had been recruiting students inside the campus
calling such agreement a "hindrance in providing effective security, safety, and welfare of the
students, faculty, and employees of UP."
The DND had communicated the termination of the agreement to UP administration three days
earlier. Armed Forces of the Philippines (AFP) chairman of the joint chiefs Gen. Gilbert
Gapay later asserted that at least 18 students of UP who were recruited by the NPA had been killed
so far in armed encounters with the military.22
Mangosing, F. (January 20, 2021). "'Deadly recruitment': AFP chief says 18 UP students who joined
NPA killed in clashes with soldiers". Philippine Daily Inquirer. Retrieved January 21, 2021
22
10
A similar agreement between the Polytechnic University of the Philippines (PUP) and the DND,
signed in 1990, is likewise being recommended for abrogation by Duterte Youth Representative
Ducielle Cardema.23
Reactions and Responses to the Termination
President Rodrigo Duterte backed the DND's decision to abolish the agreement in a statement read
by Presidential Spokesperson Harry Roque.24 When asked by CNN Philippines how he felt after
UP professor Danilo Arao questioned his integrity , Roque, a former UP law professor and human
rights lawyer, said that he had already asked the defense secretary Lorenzana and the UP president
Danilo Concepcion to settle their differences. Pressed about his personal sentiment about the
abrogation he implied that he cannot announce it, since he was just a spokesman for the President.25
Vice President Leni Robredo, criticized the decision and said that it was intended to cow the critics
of the administration.26
On January 20, Senators Joel Villanueva, Sonny Angara, Nancy Binay, and Grace Poe filed a bill
in the Senate to “institutionalize” the UP-DND Accord by making it a law, Republic Act No. 9005,
as envisioned. Some lawmakers from both houses of Congress have also verbalized their
opposition to the DND's decision. 27
23
Adonis, Meg; Andrade, Jeannette (January 21, 2021). "PUP accord with DND also faces termination". Philippine Daily
Inquirer. Retrieved January 21, 202
24 Jalea, Glee (January 19, 2021). "Duterte backs termination of UP-DND accord, says Malacañang". CNN Philippines.
Retrieved January 20, 2021
25 Punzalan, Jamaine (January 20, 2021). "'Where is your honor, excellence?' Question 'unfair,' says Harry Roque in
interview". ABS-CBN News. Retrieved January 20, 2021.
26 Yumol, David Tristan (January 19, 2021). "Robredo, lawmakers denounce termination of UP-DND pact". CNN
Philippines. Retrieved January 20, 2021
27 "#DefendUP: Pagkalas ng DND sa UP accord, inalmahan". ABS-CBN News. Retrieved January 19, 2021
11
Concepcion later told the media that the termination of the UP-DND Accord was "totally
unnecessary and unwarranted" and that it was made behind the backs of the UP community.28
On January 19, 2021, a rally was held in UP denouncing the termination of the agreement. The
most prominent assertion of the rally was that the abrogation of the UP-DND Accord was a threat
to UP’s academic freedom.
A prominent tweet, #DefendUP, accused the Duterte administration, saying that "this is another way
of the administration to threaten and silence activists who have opposed President Duterte's several
policies, especially on supposed red-tagging activities and on the COVID-19 pandemic
response.”29
Is UP’s Academic Freedom Threatened by the Abrogation of the UP-DND Accord?
Based on our preceding discussion, academic freedom, as rightfully deserved and enjoyed by the
UP community is made up of the following components:
1.
The freedom of faculty to inquire into any subject that evokes their intellectual concern.
2.
The freedom of faculty to present their findings to their students, colleagues, and others.
3.
The freedom of faculty to publish their data and conclusions without control or censorship.
4.
The freedom of faculty to teach in the manner they consider professionally appropriate.
5.
The freedom of students to study subjects that concern them and to form conclusions for
themselves and express their opinions.
6.
The freedom of exposition of the faculty’s own subject in the classroom or in addresses and
publications.
Magsambol, Bonz (January 19, 2021). "UP President: Termination of UP-DND pact 'totally unnecessary,
unwarranted'". Rappler. Retrieved January 20, 2021.
28
29
#DefendUP trends after DND scraps agreement with UP". Philippine Daily Inquirer. Retrieved January 22, 2021.
12
7.
The freedom of faculty in the choice of subjects for research and investigation undertaken on
his/her own initiative.
8.
The freedom of faculty to speak or write outside the institution (UP) on subjects beyond the
scope of his/her own field of study.
9.
The right of the faculty, in case of doubts concerning fitness for the position, for his/her case
to be submitted first to a committee of the faculty.
10. The right of the faculty not to be dismissed before the termination of his/her period of
appointment without a full and open hearing before the UP Board of Regents, should he/she
desire it, and only upon sufficient notice.
In turn, the prerogatives or powers gained by the DND after the termination of the UP-DND
Accord of 1989 are the following:
1.
DND does not have to give prior notice to the school administration before conducting
operations in any of the UP campuses.
2.
The military or police can enter the premises of any of the UP campuses anytime.
3.
The military or police can interfere with peaceful protest actions by UP constituents within
UP premises.
4.
The DND does not have to notify the UP president, the chancellor of the UP constituent
university, or the dean of the concerned UP regional unit, when serving a search or arrest
warrant on any UP student, faculty, employee or invited participants in any official UP
activity.
5.
A warrant can be served without the presence of at least 2 UP faculty members designated by
the appropriate UP official.
6.
The head of a military or police unit does not have to immediately report the arrest or detention
of any UP student, faculty or personnel anywhere in the Philippines to a university official.
7.
UP students, faculty or employee can be subjected to custodial investigation without prior
notice to the school administration.
13
Conclusion
The possibility that DND prerogatives, after the abrogation of the UP-DND Accord of 1989, as
enumerated in the right column, would threaten, or worse, violate the academic freedom of the
faculty and students of UP, as enumerated in the left column, is very remote or well nigh
impossible. This side-by-side visual comparison facilitates this conclusion.
UP ACADEMIC FREEDOM
1.
The freedom of faculty to inquire into any
subject that evokes
their intellectual concern.
2.
The freedom of faculty to present their
findings to their students, colleagues, and
others.
3.
DND PREROGATIVES
AFTER ABROGATION
OF UP-DND ACCORD
1.
DND does not have to give prior
notice to the school administration
before conducting operations in any
of the UP campuses.
The freedom of faculty to publish their
data and conclusions without control or
censorship.
2.
The military or police can enter the
premises of any of the UP campuses
anytime.
4.
The freedom of faculty to teach in the
manner they consider professionally
appropriate.
3.
The military or police can interfere
with peaceful protest actions by UP
constituents within UP premises.
5.
The freedom of students to study subjects
that concern them and to form
conclusions for themselves and express
their opinions.
4.
6.
The freedom of exposition of the
faculty’s own subject in the classroom or
in addresses and publications.
The DND does not have to notify
the UP president, the chancellor of
the UP constituent university, or the
dean of the concerned UP regional
unit, when serving a search or arrest
warrant on any UP student, faculty,
employee or invited participants in
any official UP activity.
7.
The freedom of faculty in the choice of
subjects for research and investigation
undertaken on his/her own initiative.
5.
A warrant can be served without the
presence of at least 2 UP faculty
members designated by the
appropriate UP official.
8.
The freedom of faculty to speak or write
outside the institution (UP) on subjects
beyond the scope of his/her own field of
study.
6.
The head of a military or police unit
does not have to immediately report
the arrest or detention of any UP
student, faculty or personnel
anywhere in the Philippines to a
university official.
7.
UP students, faculty or employee
can be subjected to custodial
investigation without prior notice to
the school administration.
9.
The right of the faculty, in case of doubts
concerning fitness for the position, for
his/her case to be submitted first to a
committee of the faculty.
10. The right of the faculty not to be
dismissed before the termination of
his/her period of appointment without a
14
I studied in UP under the harsh conditions of martial law in the Seventies. I can attest to the fact
that not even martial law could curtail or diminish UP’s vaunted academic freedom.
In other words, under Marcos’ military rule, UP students and faculty still inquired into any subject
they chose, faculty presented their research findings in public fora, faculty designed their teaching
methods, faculty and students expressed their anti-martial law opinions publicly, faculty and
students conducted researches and drew their research conclusions, faculty and students wrote and
published manifestos in the Philippine Collegian, academic organizations sponsored anti-martial
law convocations, (which is what academic freedom is about) pretty much unimpeded by military
or police action.
There were quite a few plainclothes military and police in the campus at that time, obviously
conducting intelligence activities. In due time, they were pinpointed by the faculty and students,
and were avoided and exposed. Never were they able to even touch the academic life of the UP
community, as we have described above. In short, UP academic freedom survived and even thrived
under martial law.
And of course I never heard of a case where a UP faculty was dismissed or punished for
incompetence without due process, like facing a “committee of the faculty” or the case being
considered by the UP Board of Regents.
What more now, 35 years after the EDSA Revolution, when the nation has a legitimate and popular
government, with a legitimate Department of National Defense, and with people’s freedoms
15
guaranteed and protected by a legitimate constitution: is UP’s academic freedom in danger at all?
Certainly not.
To reiterate: the new powers of the DND, acquired after the abrogation of the UP-DND Accord
of 1989, are not a threat, much less can they curtail the academic freedom of UP. There are enough
safeguards in the system. . To put it plainly, they cannot limit what UP faculty and students speak,
study, teach, research, and publish about. Academic freedom is certainly not a valid issue in this
context.
16
17