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Age of Consent

On the issue of the UP Student Code and national issue of the Constituent Assembly

It was modern thinking that placed a high premium on Consent as a foundation of law. Consent has a transformative moral power, but it has its own pitfall: it can transform a wrongful action into a rightful one. If Manny Pacquiao had knocked down Ricky Hatton outside of the ring, he would have been prosecuted for serious physical injuries.

Still, this philosophy stems from the core belief that all men are reasonable, and that Reason will then lead us all to a single, unassailable conclusion. This legal theory, stridently discussed in Malcolm Hall, is relentlessly tested in practice. We note two particular instances: in proposals for a new code for student discipline in Diliman, and for a constituent assembly to change the Charter.

When the UP administration moved for the codification of student rules sometime in 2005, students were only allowed piecemeal participation. In a university where 80% of students are older than 18 years ““ the age of consent ““ the lack of active and inclusive student participation is suspect. The drafting of the Code undermines the basic right of students to be consulted, represented, and decide in the formulation of policies that affect their rights and welfare.

UMAKSYON last year joined 100 other student organizations, in submitting to the Board of Regents an 18-point demand “reclaiming the rights of student organizations in the University of the Philippines”. The document specifically demanded student council control over two properties; softer rules on organization and assembly; and secure student representation or participation in important campus activities.

In contrast, the draft Diliman Student Code emphasizes that the use of university facilities and the use of a tambayan is a grant, a privilege. It also offered stricter guidelines on student organizations, and barely promised solutions to staffing and appointment issues of student publications and representatives. What the draft code puts forward is a simpler procedure for discipline cases.

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Manifesto of unity calling for the junking of the proposed 2009 Code of Student Conduct and for the forwarding of an alternative, democratic Code
Ugnayan ng Mag-aaral Laban sa Komersyalisasyon ng Edukasyon (UMAKSYON)

We, students of the University of the Philippines, firmly denounce the questionable procedures through which the draft of 2009 Code of Student Conduct (CSC) was formulated, as well as oppose its anti-student and repressive character. We firmly believe that the proposed Code runs counter to the student demands that we have long forwarded to the Board of Regents since the start of the academic year, and as such deserves the greatest condemnation from the ranks of students and organizations aspiring to uphold their democratic rights in the University.

The provisions of the Code did not undergo student consultation.

At the onset, the drafting of the Code has already violated the basic right of students to be consulted and represented in the formulation of policies that affect their rights and welfare. The procedure by which it was drafted undermines the capacity of the students to recommend solutions to long-standing student issues in the University.

Moreover, it is unjust that the Code was consulted to College administrators, while the assertion of the University Student Council to participate in the drafting of the Code was deliberately refused.

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We have proven, time and again, that our democratic rights are not and will never be offered generously on silver platters; rather they are products of our assertions through collective and militant struggle. We have also proven that victories do not happen overnight; they are fought for intensely and tirelessly through sustained campaigns and actions.

In the midst of the heightening clamor for genuine economic reforms amidst the worsening economic crisis felt by the Filipino people, we have been steadfast in pursuing policy changes to ensure that every Filipino student is given the chance to enjoy the quality education of UP and that every UP student is given the opportunity to flourish as a true iskolar ng bayan.

Since the beginning of this semester, the campaign to reclaim students’ democratic rights, spearheaded by the UMAKSYON (Ugnayan ng Mag-aaral Laban sa Komersiyalisasyon) alliance of student councils, organizations, and individuals, has resounded increasingly in the classrooms, corridors and tambayans of our university.

As a product of the series of meetings and other consultations, UMAKSYON came up with a list of 18 student demands, which was then submitted to UP President Emerlinda Roman, through Student Regent Shahana Abdulwahid, in the July 31 Board of Regents (BOR) meeting in UP Manila. The demands included, among others:

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July 31 UP Board of Regents Meeting

UP President Emerlinda Roman was forced to respond to the students’ demands after student leaders submitted petitions through mass lobbying and demonstration last July 31 during the Board of Regents (BOR) meeting. The meeting held at UP Manila was greeted by student protesters from UP Diliman, UP Manila, and UP Los Banos, carrying their demands for tuition rollback, immediate UPLB student elections, and the reclaim of student institutions and organizations’ democratic rights.

Determined that these demands need to be answered directly by the UP Administration, the students insisted that the BOR face the students and hold a dialogue outside the halls. After minutes of negotiations, President Roman agreed to meet the protesters and gave her responses on the different issues raised by the students. Her initial responses were: there will definitely be no rollback of tuition; the UP Administration refuses to intervene in the UPLB student-elections issue; and that the student organizations’ demands will be studied and be left to the discretion of the Chancellors of different UP units.

Student leaders believe that it was a collective victory that students were able to urge President Roman to give immediate responses to student demands. However, it was also clear to them that she was merely washing her hands off the issue, a clear refusal to take responsibility over the dismal state of students’ democratic rights in the university, according to Jaqueline Eroles, Chairperson of Students Rights and Welfare (STRAW) Committee of the UP Diliman – University Student Council (USC). Student institutions and organizations who led the action pledged that all BOR meetings will be greeted with mobilizations until the demands were properly addressed.

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At the height of the Marcos dictatorship, the Iskolars ng Bayan were able to force, through collective yet militant struggle, the re-establishment of student councils, publications, and organizations in UP. Among the rights won in the aftermath of the students’ successful campaign included the beneficial use and possession of fully-functional tambayans and offices, the free use of university facilities and equipment, and the relaxation of the procedural restraints in org recognition. The university, then, encouraged all types of student organizations to re-eastablish their presence and engaging all the others to form their organizations based on their own interests and advocacies. This is in the presumption that student activities play a vital role in the learning process and training of UP students as future leaders of our nation.

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[Drafting this statement was such a grueling ordeal in the University Student Council (USC) with all the contentions and whatnot. But here it is. The original had a discussion on how President Arroyo must be accountable for the education crises and a call for her ouster, but it was unfortunately disapproved by a simple majority within the USC]

The Centennial Iskolar ng Bayan in the Thick of Crises

Last June 20, 2008, the story of a freshman Chemistry major who dropped out on the third day of his classes found its way in the pages of the Philippine Daily Inquirer. The Letter to the Editor was written by a professor in the UP Math Department who was dismayed to find out that his student dropped out because he was assigned to bracket C of the restructured Socialized Tuition and Financial Assistance Program (STFAP), which in consequence would require him to pay P600 per unit.

Sadly, our fellow Iskolar ng Bayan’s situation has become more common in UP since the Board of Regents approved the 300% tuition and other fee increases (TOFI) last 2006, despite the lack of comprehensive consultation from the students and the absence of the Student and Faculty Regents in the meeting.

More alarming, however, is how common our fellow Iskolar ng Bayan’s plight is in this country. According to the CHED, 11 million Filipinos aged 6-24 years old or just over one-third of those in that age bracket have stopped going to school. The Commission adds that for this school year alone, approximately a million school-going Filipinos have had to drop out.

Should we be surprised? After all, as the prices of basic goods like rice, bread, canned goods, vegetables, meat, fish, petroleum products, transportation, and electricity skyrocket to record-highs, the Filipino family’s budget for sustaining their children’s education has virtually disappeared.

According to the United Nations Food and Agriculture Organization (UN FAO), families in developing countries, such as the Philippines, spend 60% of their budget on food alone. Moreover, the IBON Foundation cites that the poorest 30% of the Philippine population spends even more than that. When the cost of staple foods rises, therefore, the poor are the first to suffer. So when both the cost of staple foods and education simultaneously increase, it is nothing but a recipe for disaster for the 65 million Filipinos living below the P112/day poverty line.

Dole-outs in the form of rice and other subsidies do nothing to address the real causes of spiraling poverty and diminishing access to education in the Philippines. Many groups have insisted that a P125 across-the-board wage hike and the scrapping of VAT are realistic measures the government can take to provide instant relief to those hardest hit by the prevailing economic crisis.

Last year, the government allotted a miserable 2.66% of the GNP for education ““ once again, nowhere near the minimum of six percent set by UNESCO Delors Commission for developing countries. Since 1998, when the education budget peaked at 3.8%, the government has continuously and deliberately decreased public spending on education in line with its commitment to the International Monetary Fund (IMF) and its Structural Adjustment Program (SAP). The IMF’s SAP encourages governments with massive foreign debt to reduce spending on social services so as to increase allocation for debt servicing. Certainly, a look at the Philippine budget in the last eight years clearly illustrates how compliant the government has been to the SAP: giving more than half of the pie to pay off debts and leaving so little to care for the physical and mental well-being of the Filipino people.

Since 2001, President Arroyo with her administration has done nothing substantial to re-appropriate government spending and genuinely prioritize education. On the contrary, she has aggressively pushed for the full realization of the SAP through the Long Term Higher Education Development Plan (LTHEDP), which aims to make 70% of all State Universities fiscally autonomous by raising their tuition fees to private-school-level by 2010. She has also refused to do anything to alleviate the impact of oil price hikes and instead continues to implement E-VAT to the further detriment of Filipinos.

In light of all these, we demand for: the immediate rollback of the tuition increase amidst a worsening economic crisis; the junking of the UP’s most recent tuition policy (automatic tuition increase based on inflation, tuition increase to augment government subsidy, restructured STFAP), without prejudice to further investigation of the STFAP, and; the increase of state subsidy for education. These are but some of the many genuine steps towards providing economic relief to all iskolars ng bayan. These are crucial steps so that families today and in the future no longer have to choose between spending for food or spending for education.

As Iskolars ng Bayan, we must analyze these social and economic issues besieging our country beyond the comfortable confines of the academe. We cannot afford to ignore the widespread hardship, which the majority of the Filipino people are barely enduring, because sooner rather than later it will affect us all ““ and the UP Chemistry freshman’s story will be too commonplace to be on the news.

Roll back 300% tuition increase!
Junk UP’s newest tuition policy!
Push for a comprehensive review of the STFAP!
Increase government spending on education!
Reform the Philippine educational system!

More than a week ago, I was present at a meeting of sorts with UP President Emerlinda Roman. Apparently, she wasn’t aware than I am a member of the incoming University Student Council and is presently the secretary general of the leading militant student alliance in the university. Because she thought she was speaking with like-minded students, students who thought like the administration, she went on talking very casually about her feelings towards militants and activists. I was thinking if I should’ve courteously disclosed my affiliations, but didn’t end up bothering to, because I sort of wanted her to just go on revealing things she wouldn’t normally say out loud.

She did admit a few things, among which her recognizing how difficult it is to defeat the militants in the student council elections. Because she thought we were all non-activists, she urged us students present to consolidate better in order to win against the activists in the elections. I was wiling to pass those, among other things, off, as I had expected such thoughts to come from her.

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Consultation with UP Jeepney DriversWe would like to gather reactions on how the One-Way Acad Oval traffic policy has affected students since its implementation almost a month ago. What can you say about this policy? Do you think converting the inner lane of the oval into a bike lane is beneficial to students? Or the re-routing of the Katipunan and Toki jeepneys?

We have done initial consultations with the organizations of jeepney drivers and operators in UP a few days ago. According to them, the re-routing policy removed the competitive advantage of Katipunan jeepneys, them especially, because instead of their usual clockwise route they are now forced to compete with other jeepney franchises in a counter-clockwise direction. Such competition, among other issues like the saturation of jeepney franchises due to the corrupt tendencies of government offices like the LTFRB (Land Transportation Franchising Regulatory Board), has lead to internal feuds within the ranks of jeepney drivers themselves, among other such difficulties.

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