1989 University of the Philippines–Department of National Defense accord
The DEPARTMENT OF NATIONAL DEFENSE, through the Honorable FIDEL V. RAMOS, Secretary and The UNIVERSITY OF THE PHILIPPINES SYSTEM, through the Honorable JOSE V. ABUEVA, President;
- HAVING IN MIND the establishment of our democracy and the goal of building a peaceful, just, and humane society as enshrined in the 1987 Constitution;
- HAVING IN MIND the policy of the police on the one hand, and the University of the Philippines (U.P.) on the other, that no member of the police may conduct any police operation on the U.P. Diliman Campus without prior coordination with, or as requested by U.P. authorities;
- HAVING IN MIND the relationship between U.P. and its students, faculty and employees, as well as the academic freedom and institutional autonomy of U.P. in the governance of its affairs, and its responsibility to maintain proper behavior and conduct among the members of the U.P. Community;
- HAVING IN MIND the responsibility of the Armed Forces of the Philippines (AFP) and the Philippine Constabulary-Integrated National Police (PC-INP) in the protection of national security, enforcement of law, and maintenance of peace and order;
- HAVE REACHED THE FOLLOWING AGREEMENTS:
1. Prior notification shall be given by a commander of an AFP, PC-INP, or Citizens' Armed Force Geographical Units (CAFGU) unit intending to conduct any military or police operations in any of the U.P campuses in the constituent universities of U.P. Diliman, U.P. Manila, U.P. Los Banos, and U.P. Visayas, or in any of the regional units in Baguio, San Fernando, Tacloban, Miag-ao and Cebu, to the U.P. President, or the Chancellor of the constituent university, or the Dean of the regional unit concerned, or their respective officers-in-charge in the event of their absence, when the situation so warrants.,
2. Except in cases of hot pursuit and similar occasions of emergency, or in cases defined in the next succeeding paragraph, or ordinary transit through U.P. premises, no member of the AFP, or the PC-INP, or CAFGU shall enter the premises of any of the campuses or regional units aforementioned.
Whenever requested by law enforcers, the appropriate U.P. officials shall extend the necessary assistance in the enforcement of the law within U.P. premises. In this regard, U.P. officials shall endeavor to strengthen U.P.'s own security, police and fire-fighting capabilities so as to leave no vacuum that can be exploited by malefactors or criminal elements.
3. Whenever the U.P. President, or Chancellor of the constituent university, or Dean of the regional unit concerned, or their respective officers-in-charge in the event of their absence, is of the opinion that the assistance of the AFP or the PC-INP is indispensable to the maintenance of security, peace and order within U.P. premises, the said U.P. official shall so inform in writing the head of the AFP or PC-INP unit in the area, and the latter shall promptly dispatch such assistance as may be warranted by the circumstances.
In case the request for assistance is granted, only uniformed members of the AFP or the PC-INP with proper identification shall be allowed entry into the campus or regional unit concerned, except where the assistance requested specifies otherwise.
4. Members of the AFP, or the PC-INP, or the CAFGU shall not interfere with peaceful protest actions by U.P. constituents within U.P. premises. U.P. officials shall be deemed responsible for the behavior of their students, faculty and employees in such activities.
5. The service of search or arrest warrants on any U.P. student, faculty, employee, or invited participants in any official U.P. activity shall, as far as practicable, be done after prior notification is given the U.P. President, or Chancellor of the constituent university, or Dean of the regional unit concerned, or their respective officers-in-charge in the event of their absence. The same requirement of notification applies to any oral or written "invitation" for questioning and similar purposes.
In case of prior notification, the party serving the warrant shall coordinate closely with the members of the U.P. police or security who shall accompany and assist them in the service of the warrants. Similarly, no warrant shall be served without the presence of at least two (2) U.P. faculty members designated by the appropriate U.P. official.
If the giving of prior notification by the party serving the warrant is not practicable, a report shall be submitted to the concerned U.P. official immediately, but not later than twenty-four (24) hours, after the service of the warrant.
6. The arrest or detention of any U.P. student, faculty or personnel anywhere in the Philippines shall, by the fastest means of communication, be reported immediately by the responsible head of the AFP or PC-INP unit effecting the arrest or detention to the U.P. President, or Chancellor of the constituent university, or Dean of the regional unit, or their respective officers-in-charge in the event of their absence, who shall then take the necessary action.
No U.P. student, faculty or employee shall be subjected to custodial investigation without, as far as practicable, prior notice to the U.P. President, or Chancellor of the constituent university, or Dean of the regional unit, or their respective officers-in-charge in the event of their absence, and except in the presence of the counsel of choice of the student, faculty or employee, or with the assistance of a counsel appointed for them by said U.P. officials.
7. The parties hereby agree to constitute Joint Monitoring Group composed of the U.P. Faculty Regent, the U.P. Student Regent, the U.P. Vice-President for Public Affairs or his representative, the U.P. Vice-Chancellor for Student Affairs, the Undersecretary of National Defense for Civilian Relations or his representative, the PC-INP Assistant Chief of Staff for Operations, the Deputy Regional Commander for Operations of the PC-INP National Capital Regional Command, and the Constabulary Judge Advocate or his representative, which shall meet at least twice a year, or as often as may be necessary, to determine compliance with this Agreement.
8. Nothing herein shall be construed as a prohibition against the enforcement of the laws of the land.
This Agreement shall take effect immediately.
DONE this 30th day of June, 1989 at Diliman, Quezon City, Philippines.
- UNIVERSITY OF THE PHILIPPINES
- By JOSE V. ABUEVA
- President
- DEPARTMENT OF NATIONAL DEFENSE
- By: FIDEL V. RAMOS
- Secretary
- SIGNED IN THE PRESENCE OF
- FRANCISCO NEMENZO
- U.P. Faculty Regent
- RENATO C. DE VILLA
- Chief of Staff, Armed Forces of the Philippines
- GONZALO T. BONGOLAN
- U.P. Student Regent
- RAMON E. MONTANO
- Commanding General of the Philippine Constabulary, and Director General of the Integrated National Police
- ERNESTO G. TABUJARA
- Chancellor, U.P. Diliman