"The different freedoms that make up UP’s academic life are time-tested. They are too institutionalized to be affected by the abrogation of the UP-DND Accord of 1989. These freedoms have been practiced and implemented repeatedly through the years and are part of UP’s organizational culture."
"These freedoms are too embedded within the UP system and collective psyche to be affected by mere physical and operational conveniences and short-cuts afforded by the abrogation of the UP-DND Accord of 1989."
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 the 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.”
This rationale for academic freedom is the greater interest of society. Academic freedom advances knowledge, knowledge improves society, and knowledge is best promoted when an 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.
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.
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.
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.
An indispensable principle of academic freedom holds that the untrammeled traffic of ideas on the campus is essential to a good education. In particular, academic freedom includes the right of the faculty, as individuals or as a 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 it in the arts, sciences, or politics to unrelenting scrutiny.
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.
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.”
Academic Freedom At 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.”
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 she/he believes sincerely to be right; and to express her/his opinions on public 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.
Within the above framework, the following principles are further declared in the UP Diliman Faculty Manual. 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. UP 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. UP 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 UP 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 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 a 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 (DND)
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.
The 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.”
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.
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 martial law days , and we are inclined to believe that it too is a legitimate state agency that serves and protects the Filipino people.
It is in the latter spirit, therefore, that we view Sec. Delfin Lorenzana’s statement regarding his decision to abrogate the UP-DND Accord. He said that the decision was dictated by the love of country and we quote: "Abrogating the DND agreement with UP is a fulfillment of patriotic duty. Even though it is an unpopular move, my intentions are pure. My goal is simple -- to minimize the threat to the youth."
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.
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 (NPA) is still a force to contend within 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.
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). 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 stifling government development efforts.
The 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. Through the NTF-ELCAC, the government conducts a campaign to hasten the development of the rural countryside so that poor barangays whose livelihoods have been affected by the insurgency can experience sustainable growth.
The 1989 UP-DND Accord
The 1989 UP–DND Accord was a bilateral agreement between the DND and UP. It restricted military and police access and operations inside the different UP campuses.
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.
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. However, 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.
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. This superseded 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 UP students' protests.
The Main Points of the UP-DND Accord of 1989
The main points of the UP-DND Accord of 1989 are:
1. The military or police shall give prior notice to the school administration before conducting operations in any of the UP campuses.
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 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 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 affecting the arrest or detention to the university official.
8. No UP student, faculty, or employee shall be subjected to the 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.”
The Termination of The 1989 UP-DND 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.
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. 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.
Vice President Leni Robredo criticized the decision and said that it was intended to cow the critics of the administration.
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 also verbalized their opposition to the DND's decision.
President 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.
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 trending tweet, #DefendUP, attacked 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.”
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.
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.
Conclusion
The possibility that DND prerogatives, after the abrogation of the UP-DND Accord of 1989, and as enumerated in the left column, would threaten, or worse, violate the academic freedom of the faculty and students of UP, as enumerated in the right column, is very remote or well nigh impossible. This side-by-side visual comparison facilitates this conclusion. I apologize for its imperfections.
I studied and protested in UP under the withering conditions of martial law. I can attest to the fact that not even martial law could curtail or diminish UP’s vaunted academic freedom. That is the UP spirit.
Under Marcos’ military rule, UP students and faculty (albeit prudently) 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 wrote and published manifestos in the Philippine Collegian, academic organizations sponsored anti-martial law convocations, pretty much unimpeded by military or police action.
CBCP Youth Survey of 1977
In fact, as a case in point, in mid-1977, I was one of the initiators and research associates in the first-ever comprehensive and nationwide survey into the social and political awareness of the Filipino youth, which was funded by the Catholic Bishops Conference of the Philippines (CBCP), and conducted by faculty from the Department of Sociology of UP Diliman. It was the path-breaking and historic CBCP Youth Survey of 1977.
One of the findings of the CBCP Youth survey was that the youth of the land were getting dissatisfied with the martial law regime. But the Marcos government was not able to harass, much less suppress, the project and its report.
There were quite a few plainclothes military and police on the campus during martial law, obviously conducting intelligence activities. In due time, they were pinpointed by the faculty and students and were avoided or exposed. Never were they able to impinge on the academic life of the UP community, as we have described above. All told, UP academic freedom survived and even thrived under martial law with all its intrusions into the UP campus.
And of course, during martial law, I never heard of a case where a UP faculty was dismissed or punished for incompetence without due processes, like facing a “committee of the faculty” or the case being considered by the UP Board of Regents. I was an activist under the presidencies of Salvador Lopez and Onofre Corpuz. I would like to consider them as upright administrators and intellectuals who did things by the book, despite their shortcomings.
The EDSA Revolution and the Liberal-Democratic State It Established
What more now, 35 years after the EDSA Revolution, when the nation has a legitimate and popular government, with a legitimate DND and AFP, and with people’s freedoms guaranteed and protected by the legal and respected 1987 constitution? Is UP’s academic freedom in danger at all? Certainly not. Not even after the abrogation of the UP-DND Accord of 1989.
To reiterate: the new prerogatives of the DND, acquired after the abrogation of the UP-DND Accord of 1989, are not a threat to, and much less can they curtail, the academic freedom of UP. The above graphic would illustrate this. It only requires logical appreciation.
The different freedoms that make up UP’s academic life are time-tested. They are too institutionalized to be affected by the abrogation of the UP-DND Accord of 1989. These freedoms have been practiced and implemented repeatedly through the years and are part of UP’s organizational culture.
These freedoms are too embedded with the UP system and collective psyche to be affected by mere physical and operational conveniences and short-cuts afforded by the abrogation of the UP-DND Accord of 1989.
And as for the no. 3 prerogative, namely: “The military or police can interfere with peaceful protest actions by UP constituents within UP premises”: the possibility of this happening is almost zero. The last time I remember a large rally being dispersed by the police inside the UP campus was in January 1976, the height of martial law.
And it is still subject to reasoned debate whether a protest rally is actually a practice of academic freedom or a political act.
Put plainly, the abrogation of the UP-DND Accord of 1989 cannot limit what UP faculty and students speak, study, teach, research, publish, and yes, rally, about. Academic freedom is not a valid issue in this context.
