In Re: UP Law Library Dress Code Policy

Prof. Antonio M. Santos
Head Librarian, Espiritu Hall
UP College of Law Library

Dear Sir:

Last Thursday, the Law Library posted an announcement prohibiting the wearing of sandos and slippers inside the library. This regulation, which was effective immediately after posting, was imposed without prior notice or consultation with the students—not even with the LSG. Apart from this lack of notice, there are also no clear standards to guide the library personnel and the students as to what counts as inappropriate attire (How is a sando defined? How are slippers defined?).

Since the policy was effective immediately, some students (including non-law students) suddenly found themselves being expelled from the library, or being denied entry because of their “inappropriate attire.” On Friday, LSG President Jobert Navallo clarified the matter with you. During that meeting, you cited three grounds to justify the regulation, to wit:

1) MC No. 14, which imposes a dress code for government officials and employees;

2) the Ateneo Law Library’s dress code;

3) the UP Main Library’s dress code (which allegedly imposes a similar prohibition).

We find however, that these rationales are thoroughly insufficient.

The first ground, which is the memorandum relied upon by the Library, is inapplicable to students. MC No. 14 is a memorandum issued in 1991 by the Civil Service Commission Chair to all government officials and employees, and was merely re-copied and re-released in 1997 by the then Vice Chancellor of UP, Mrs. Perla Legaspi, to UP units. By no stretch of the imagination can we say that law students are government officials and employees, and so from the title alone, it is obvious that such memorandum was never meant to apply to students. Inclusio unius est exclusio alterius.

Even assuming that MC No. 14 is applicable to students, why is it being invoked only now, and why the hurried implementation? Surely it cannot be because of any “urgency,” because the university memo was issued ten years ago and no corresponding dress code among students was then imposed. The belated adherence by the College of Law library at the very least warranted prior notice to the student body.

The second reason propounded by your good office is that the Ateneo Law Library imposes a dress code. It does not follow, however, that the UP Law Library should impose the same. If there is anything that has been clear in our minds since day one, it is the fact that UP is not Ateneo. UP is a state university; it has, arguably, students from more diverse social and regional backgrounds; and it has no other graduate school that prescribes a dress code (not even its MBA Program).

In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are “persons” under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views. (Tinker v. Des Moines School District, 393 U.S. 503 [1969], emphasis supplied.)

Law students, in any school, are presumably responsible thinkers. But this should be a natural presumption in a school where the main teaching tool is the Socratic Method. Our professors are here not to define what counts as inappropriate, or to impose a dress code that they believe is appropriate, but to help students realize the correct answer, if there ever is one, in clothing.

Let the students continue to decide for themselves matters that are personal and that have no reasonable relation to their competence in studying the law. Indeed, nobody has ever claimed that UP Law graduates are less likely to act professionally in the field because UP does not impose a dress code the way Ateneo does, or that our lower bar passing rate is attributable to the way we dress.

The final justification is that the UP Main Library has a similar dress code. We find this hard to believe since no official memo has been distributed to the students, given to the USC or published or reported in the Philippine Collegian and, unless the students are apprised of a rule, they cannot reasonably be expected to abide by it.

Assuming however, that such a policy exists, it would still be a non-sequitur. Why should law students be precluded from questioning the Law Library’s policy, just because the Main Library has imposed a similar policy? Policies affecting students which are imposed unilaterally and without any consultation should always be subject to attack.

Perhaps what is abnormal in this situation is the fact that the Library has not put forth any substantial interest in regulating the way students dress themselves. In Tinker v. Des Moines, the U.S. Supreme Court ruled that a student’s right to free speech (which includes how he dresses) can only be curtailed if the speech would impinge on other student’s rights, and if it would result in a substantial disruption / material interference with school activities. No such harm exists with the wearing of slippers and sando (although we have not seen anyone actually wear sando to school). And assuming it does, the harm must be real, and not merely conjectural, and the regulation should be such as to alleviate the harm in a direct and material way. School uniform policies should only be upheld if “it advances important government interests unrelated to the suppression of free speech, and if it does so in ways that effect as minimal a restriction on students’ free expression as possible” (Jacobs v. Clark County School District, United States District Court for the District of Nevada, May 12, 2008).

The fundamental freedom of expression has guaranteed, as the history of our country would attest, that the students of the University of the Philippines, particularly of the College of Law, will always be at the forefront of student activism, and consequently, national development. It is for this reason that we regard it with utmost reverence and jealousy.

We therefore call on the UP Law Library to lift the policy and desist from implementing any dress code without first consulting the student body.

Sincerely,

The Executive Board
UP Law Student Government 2008-2009

Michael Jobert I. Navallo
President

Alessandra Maria Anna Gloria O. Reyes
Vice-President

Bernice C. Mendoza
Secretary

Janette T. Lim
Treasurer

Aaron Jarveen O. Ho
Public Relations Officer

Sophia Monica V. San Luis
Law Representative

Letter from the CHE Student Council

Greetings!

The College of Home Economics Student Council (CHE SC) stands as the representative body of the students in the College of Home Economics. Through the years, the CHE SC exemplifies a strong and principled leadership, as well as commitment in serving the students, the CHE and UP community. Working for a great number of students, the CHE SC is indeed responsive as it consolidates a wide range of ideas and initiatives towards achieving its purpose of promoting the interests of its constituents at all times.

Recently, the CHE SC has released CHEntennial Planner for all CHE freshmen students. The said planner contains relevant information that concerns the College of Home Economics. Part of the planner discusses tips on how to get to the College of Home Economics. In this part, we had mentioned that Rinno Ray Camilit together with UP Mountaineers is spearheading the project UP PADYAK.

It is the UP Mountaineers that had spearheaded the project UP PADYAK. On the other hand, Mr. Rinno Ray Camilit, being the project head of the USC Environment Committee, was an advocate of this project and was not involved in spearheading the said project.

We apologize for providing the incorrect information in our planner. We are releasing letters regarding this incident in the College of Home Economics.

We hope that CHE SC has maintained its good relations with UP Mountaineers.

Thank you and more power!

In the service of the students,

Endorsed by:
Iris Siy
Chairperson

Project CHK: Renovate the Varsity Locker Rooms

In the spirit of the UP Centennial, the College of Human Kinetics is also aiming to undergo it’s first student-initiated major renovation project since the College’s construction exactly 70 years ago.

Now, why should you even care?

UAAP Season 70 is fast approaching, and we want the UP to WIN. We’re not just talking about 1 or 2 varsity teams winning the Gold, we’re talking about getting as much wins as possible. These teams simply cannot train well if only 1 of their two faucets are working with running water. These teams cannot train well knowing that they won’t be able to enjoy a decent shower after their pamatay training. These teams cannot train well knowing that they’re going to retire to a smelly and cramped locker room.

Our athletes need more than just vague ideas of service and self-sacrifice. Our athletes need a concrete reason to give back to U.P.!

This is a major and groundbreaking project on a scale that the college has never seen before. The passions and efforts of the council have already garnered the assistance of 2 BA Interior Design graduates who were part of the Kalayaan Dormitory renovation (who have agreed to lend their talents in designing the 3D Models for the new Locker Rooms).

A new and upcoming organization, Run For Change has also pledged it’s support for the project by making it the beneficiary of it’s first cause-oriented race run on June 29, 2008.

We have also gained the attention of the UP Alumni members who are in the Quezon City Hall, most notably Councilor Dorothy “Doray” Delarmente who came into the college to visit the dilapidated Varsity Locker Rooms of the college (she was so moved by what she saw that she already agreed to donate to the project).

We are gaining much ground, but we still have a long road to travel. On behalf of the UP Varsity Athletes, I am asking for any support that anyone is willing to lend us. We are looking for anyone who is willing to solicit, market, donate, give contacts, or just pledge their support on this website! Spread the word to everyone you know! Any effort, no matter how big or small, is GREATLY APPRECIATED.

If anyone is interested about the project, we are inviting them to text ME (Rep. Yupingkun) at 09063001500.

Stray World War II Bombs in the National Science Complex

Dean Ceasar Saloma released a Memorandum last June 10, 2008 regarding the stray bombs found in the national science complex. Quoting from the memorandum,

“Everyone is advised to use only existing roads and established pathways inside the National Science Complex. Please do not venture into various construction sites without securing prior authorization and guidance from proper authorities.”

The NSC contractors were able to dig up more than thirty (30) stray WWII bombs already during the course of their work. This area is where future buildings of the Institute of Chemistry-Teaching Wing and the National Institute of Physics will be located. The bombs found were actually buried for just about a meter deep or less below the ground.

“Vice-Chancelor Grace Gregorio has already sought the technical assistance of the PNP on the matter. The retrieved bombs were turned over to the UP Diliman Police Force and then brought to the PNP Explosives Ordinance Division in Camp Karingal,” says Dean Saloma.

11 New Eng’g Lab Fees Pending Approval

Last May 6, 2008 the Students Rights & Welfare Committee (STRAW Committee), headed by Councilor Jaque Eroles, attended the student dialogue regarding the proposed Lab Fee increase for 11 Mechanical Engineering (ME) courses. Representatives from the College of Engineering Student Council (ESC) and Student Regent Shahanah Abdulwahid also attended the dialogue initiated by the ME department head, Prof. Gerald Denoga.

According to Prof. Denoga, the department aims that the increases be implemented starting First Semester AY 2008-2009. The proposal has already been approved by the college faculty and administration, and was already submitted to Vice-Chancellor for Student Affairs, Dr. Elizabeth Enriquez. However, the OVCSA refused to approve the proposal since it did not undergo consultation with the University Student Council (USC). Thus, the reason for the said dialogue.

The courses affected by the proposed lab fee increase are as follows:

SUBJECT	Original Fee	Proposed New Fees	Remarks
ME 122 Turbomachinery	0	600	presently no equipment for the experiments
ME 131 Manufacturing Processes	300	1,500	price increase in materials
ME 136 Machine Tools Operations	300	1,500	price increase in materials
ME 143 Mechanical Vibrations	0	800	will need PC’s
ME 176 Control Systems 1	0	800	will need PC’s
ME 183 Refrigeration & Airconditioning	200	800	consumables & PC use
ME 73 Mechanical Measurements & Instrumentation	300	500	consumables & maintenance
ME 41 Mechanisms	0	500	will need shop & PC
ME 142 Dynamics 0f Machinery	0	500	will need shop & PC
ME 91 Numerical Methods	0	800	will need PC’s
SHOP 7 Shop Practices	200	1,500	price increase in materials

The original proposal included ME 165 Internal Combustion Engines (none-P1500) but was opposed by the ESC since according to them, it was a lecture class. The department agreed and decided that it shall not be included in the proposed lab fee increase.

Prof. Denoga discussed the rationale for such increases. According to him, ME should be a hands-on program and students should have access to adequate laboratory facilities. Most of these equipment and facilities are either non-functioning, insufficient or inexistent. Experiments may also require fuel, materials and other consumables. Also the 5 courses that currently has a lab fee was based on pre-1989 prices. The proponent also presented the cost breakdown of the expenses per subject.

The USC having the benefit of discussion during the dialogue recommended for the deferral of approval since certain question and concerns were not addressed. Some of these questions are:

1. In light of the second year of implementation of the Tuition and Other Fee Increase (TOFI), will there be any budget increase for the Mechanical Engineering (ME) Department? The TOFI promised for better facilities but why is there a need for even more exorbitant laboratory fees?

2. How else can lessons be modified to minimize cost while not sacrificing the quality of instruction?

3. What are the other possible sources of funds?

4. What are the mechanisms of the ME Department or of the College of Engineering Administration to address students welfare concerns? For example, in the ME program, students need to take 2 to 3 of such laboratory courses in one semester. Such may result to a possible P4,500 in total of lab fees to be paid by a 3rd year or 4th year ME major. What shall be the action to be taken if there will be any student who will be forced to drop-out and not graduate because of the increase?

5. Are laboratory fees, in general, supposed to cover acquisition expenses, aside from maintenance expenses, and consumables as what the proposal indicates?

The USC and the ESC shall also study if it will be possible to request the Industrial Engineering (IE) Department to subsidize their students who take SHOP 7. According to Prof. Denoga, they were able to offer SHOP 7 to their majors until the IE department required this subject to IE majors. Since there are approximately 140 IE majors, as opposed to around 40 ME majors, the ME Department could not shoulder the SHOP 7 expenses alone. The USC STRAW committee and ESC plans to draft a letter requesting for the deferral of approval to be submitted to the OVCSA, Office of the Chancellor and the Board of Regents.

Public Letter of Thanks

On behalf of the University Student Council and the College of Human Kinetics, I would like to thank:

Ms. Samantha De Guzman
3rd Year Visual Communications Major
College of Fine Arts, UP Diliman
samie.dg@gmail.com

for lending us her talents in designing our VERY NICE letterheads!

CHK Student Council Letterhead

University Student Council Letterhead

Once again, thank you Sam!

Lester C. Yupingkun
CHK Rep to the USC

Varsity Bus Update #1

Last year, the UP Pep Squad together with the CHK Community launched a fund-raising event entitled “Push on UP!” for the benefit of the Varsity Bus repair. The effort managed to net a profit of roughly
P 300,000, an amount which has been stored in the CHK Trust Fund since mid last year.

The administration responds to allegations of corruption regarding the matter as completely untrue, stating the fact that the existence of the money is verifiable through the records of the College. Dean Hercules Callanta also states that the money can be taken out only if both the UP chancellor’s and his own signatures are affixed in the release form.

The delay in repairing the bus has been caused by these factors:

1.) The funds were placed in the CHK Trust Fund
- The original plan of Dean Hercules Callanta was to have the funds remain liquid so that the repair will be expedited. However, due to security reasons, Chancellor Sergio Cao issued an official order to have the funds placed in the CHK Trust Fund. The resulting deposit makes taking out the money much more time-consuming. The Dean assures that the money is untouched, and can only be used to fund the repair of the Varsity Bus. The money is unauthorized to be used for any purpose, and administrative failure to comply will result in legal sanctions.

2.) P 300,000 is not enough for the Bus repair.
- The cost of repairing the bus to it’s original healthy state is estimated to be around P500,000. These figures were gotten from Pilipinas Hino Inc. (the brand of the Varsity bus)

3.) Various other delays and constraints in finding resources
- Since P 300,000 is a relatively small sum, finding a legitimate and reliable repair shop/person is proving to be difficult for the administration. The administration also claims to be heavily undermanned. Right now, only Prof. Edwin Barber and UP Volleyball Team Coach Vip Isada are actively seeking out means to repair the bus.

The start of the UAAP Season dawns fast with the approach of the First Semester. While the administration assures the Varsity Community that action is being undertaken regarding the matter, it will take more than words to appease their longing. Professor Barber, as the head of the UP Varsity Program, is continually asserting the Administration’s responsibility to safely transport their athletes to and from their sporting events, and assures us his full-time commitment in resolving this matter. Dean Hercules Callanta has already placed the bus as a top priority order for the staff, and the first priority will be removing the bus from the front of the College. He also assures that the bus will be working by the first semester.

Watch out for the next few updates.

Containing the C-RICE-SIS: Official Statement of the CSSP Student Council

For the past weeks, we have seen the dramatic surge in the prices of local commodities, particularly that of rice, our country’s staple food. The Bureau of Agricultural Statistics recently stated that the price of Well Milled Rice (WMR) has rapidly increased from last week’s 30.64/kg to its current price of 32.18/kg. Furthermore, last year’s original price amounts to only 24.14/kg, hence indicating a sudden increase of 35.68% within the year. These numbers have translated into increased alarm and distress among the people, particularly among those who live with meager salaries and limited access to resources. Manifestation of such has been observed from private groups who dazedly hoard stocks for their own benefit, to families who continually crowd markets, in hope of availing cheap NFA rice. These, along with other imminent setbacks from the agricultural sector point that indeed, a problem exists – a point of conflict, which, if not given necessary attention, may lead to further political turmoil and deep social unrest.

The problem, although wide in scope, may principally be rooted in the ineffectiveness of our local institutions to carry out correspondingly viable solutions. While we acknowledge the far-reaching adverse effects of some global phenomena such as climate change and increased consumption, we must also highlight the problems of our local agricultural sector. The inadequacy of irrigation systems, the lack of commercialized rice seedlings and the alarming decrease in the number of fertile lands continue to persist. Moreover, the government’s inability to strengthen the NFA results to the perpetuating collusion of private companies, who monopolize the rice industry. These problems remain unaddressed mainly because of the fact that the agricultural sector, up to now, receives insufficient budget from the government.

We, the CSSP Student Council 2008-2009, believe that measures should have been taken to lessen the grave impacts we are suffering as a consequence of this rice shortage. On the local level, agricultural policies should have been implemented properly not only to sustain our domestic needs for food but more so to ensure the welfare of our farmers. Consequently, we call not only for a comprehensive agrarian reform program but ultimately, for a genuine agrarian reform law – one that will best serve the interests of the farmers rather than that of the landlords, who for years, have resorted to desperate ways to maintain hold on their properties. Also, government agencies must be sufficiently empowered in order for them to actually carry out their respective functions. Globally, we urge the government to review and evaluate existing trade agreements, along with the country’s current status with the International Monetary Fund and the World Bank. National interest must be the core consideration of our legislators, not the selfish motives and interests of the few.

The problem is not simply about having less food to eat, nor is it just about lacking a basic commodity; the problem is about how this issue has pervaded through the social, cultural and economic spheres of our society. As students of a college that prides itself in its long tradition of critical thinking and active involvement, we ought to take the crucial first steps towards awareness and participation. From the simplest deed of finishing our food, to the act of calling for a more responsible government, we can respond to the issue. By simply recognizing our roles as scholars for the country, we can make a difference.

¹ Bureau of Agricultural Statistics <http://www.bas.gov.ph/amsad_price1.php>

Statement of Support for 11 SE Students’ Call for Due Process

To The University Council:

“No person shall be deprived of life, liberty or property without due process of the law, nor shall any person be denied equal protection of the law.”[1]

The case of the eleven graduating students undergoing disciplinary proceedings before the Student Disciplinary Tribunal for charges of cheating is yet to be resolved. The administration of the School of Economics have decided to prevent them for graduating as they await, for an indeterminable period, the final resolution of the case.

The students stand to lose more if they are prevented from graduating and subsequently found innocent, than the university if the students are later found guilty. Although commencement exercises are but a formal ceremony, it nonetheless is not an ordinary occasion, since such ceremony is the educational institution’ s way of announcing to the whole world that the students included in the list of those who will be conferred a degree during the baccalaureate ceremony have satisfied all the requirements for such degree.[2]They will not only be deprived of their right to attend their much awaited graduation, but will be stigmatized before their future colleagues. They will likewise be prevented from seeking immediate employment, and effectively, from getting on with their lives.

Under the rules, every student undergoing disciplinary proceedings shall not be subjected to any disciplinary penalty except upon due process of law[3]and that pending final decision on any charges the said student shall enjoy all his rights and privileges as a student.[4]

It is in this regard that we, the members of the University Student Council, urge the University Council to allow the eleven students from the School of Economics participate in the commencement exercises on April 25, in accordance with the rights set forth in the Rules and Regulations on Student Conduct and Discipline.

We likewise urge the Board of Regents to convene and amend the rules, setting forth guidelines in order to protect the rights of graduating students with unresolved cases, and to ensure the speedy disposition of these proceedings.

Due process, we must not forget, is not merely a high ideal that we seek to uphold but a right to which everyone is entitled. It is guaranteed by no less than our country’s constitution and reaffirmed by the very rules which students adhere to and which the university is mandated to protect.

[1] Section 1, Article III, 1987 Philippine Constitution
[2] University of the East vs.Jader, G.R. No. 132344 (2000)
[3] id Section 22, paragraph a
[4] id Section 22, paragraph c

CHK Summer Enrollment

The college has recently finished with our annual summer enrollment. Like every year, the CHK Student Council and the Registration Assistants of the college experienced a multitude of problems in trying to service the big number of CHK students enrolling for summer classes.

One big problem was crowd control, and it was attributed mainly to the lack of space for both students and registration assistants to maneuver in. Hallways and offices were cramped full of students- combined with the summer heat, this made registration a very uncomfortable experience for students and staff alike.

The CHK Administration (with the recommendation of the staff, registration assistants, and the CHKSC) has recently been working on creating space for the students by de-cluttering the hallways and reorganizing furniture. The result is now a designated waiting area near the entrance of the faculty hallway that will serve the students during enrollment.

It’s not much, but it’s a start.

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