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Page 1 of 10
if you want to know more about this, and/or interested to help with this campaign,contact UP ALYANSA at 0915 452 5116, or 0927 682 5863 or visit http://upalyansa.multiply.com
B
REAKING THE
C
ODE
 
On the Proposed UP Diliman Code of Student Conduct 
 The student does not shed his constitutionally and statutorily protected rights at the schoolgate.
1
Although schools have an almost absolute right to establish rules and regulationsgoverning university-student relations, such cannot be exercised so as to defeat the basicrights of students. The UP Administration seems to have forgotten this constitutionalprecept when drafting the proposed
UP Diliman Code of Student Conduct 
.Indeed, such a predicament is tantamount to the curtailment of rights that we students holdon to amidst a backdrop of repression and oppression of various forms in our very schools. We face a myriad of personal troubles as individual students every time we step into therobust halls of our University. At the same time, as an entire sector, we are hounded by threats to democratic consultation, participation, and representation in policies thatultimately affect our right to accessible, quality, and relevant education. And when a set of rules and regulations that is crafted to supposedly preserve and protect our rights becomesthe very thing that threatens the same, we find ourselves in a position of vulnerability anddisempowerment.However, we must ultimately ensure that this dilemma must never even begin to transpire. That is why we in ALYANSA, amidst recognizing the imminent need for changes in theexisting rules governing student affairs, manifest our opposition towards particularprovisions of the proposed
UP Diliman Code of Student Conduct 
. Beyond such disagreement, itis imperative to sufficiently explain contentious points while providing clear and sensiblealternatives to the proposal, which are discussed in the following sections.
Freedom to Associate 
 The right of a student to free association is a constitutionally guaranteed right. Article III,Section 8 of the 1987 Constitution commands that “the right the people, including thoseemployed in the public and private sectors, to form unions, associations, or societies forpurposes not contrary to law shall not be abridged. The right is further implemented in theCivil Code, which provides that “any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairsthe right of a person to become a member of associations or societies for purposes not
1
Venecio Villar Vs. Technological Institute Of The Philippines, G.R. No. L-69198 April 17, 1985, citing 
Tinker V.Des Moines Community School District, 393 U.S. 503 (1969)
.
 
 
Page 2 of 10
if you want to know more about this, and/or interested to help with this campaign,contact UP ALYANSA at 0915 452 5116, or 0927 682 5863 or visit http://upalyansa.multiply.com
contrary to law shall be liable to the latter for damages,
2
and in Batas Pambansa 232, Section9(8) of which provides that “in addition to other rights, and subject to the limitationprescribed by law and regulations, and student and pupils in all schools shall enjoy the rightto form, establish, join and participate in organizations and societies recognized by theschool to foster their intellectual, cultural, spiritual and physical growth and development, orto form, establish, join and maintain organizations and societies for purposes not contrary tolaw.”Hence, a student’s right to associate is almost absolute and bound only by the following considerations:1.
 
the association or society should not be established for purposes contrary to law 2.
 
the association should be recognized by the school to foster their intellectual,cultural, spiritual and physical growth and development. An educational institution, hence, has no right to abridge the right of students to freely associate on the basis considerations other than these two. Taking all of the abovementioned details into consideration, one would be curiously perplexed as to what considerations the UP Administration used in coming up with thefollowing requirements for the recognition of organizations—requirements which clearly limit the rights of students to free association:1.
 
The 0.5% Requirement— 
 Under the proposed
UP Diliman Code of Student Conduct 
, an organization, to berecognized as a
University-recognized Organization 
, must be comprised of at least0.5% of the eligible population of UP Diliman.
3
Hence, for an organization to berecognized under the proposed
UP Diliman Code of Student Conduct 
, it should becomprised of at least 87 members (0.5% of the 17,500, which is the approximatepopulation of UP Diliman excluding the freshmen), a factual impossibility foralmost all of the currently existing 
University-recognized Organizations 
.
2
CIVIL CODE, Art. 32, par. 12
3
Art. IV, No. 32—A university-recognized student organization is a group of students whose members and officerscomprise at least 0.5% of the eligible student population XXX; Sec. 3.1, Art. VI—A student organization seeking University recognition must have a membership of at least 0.5% of the eligible student population, including officers, who have completedat least one (1) year of residency in the University and who are currently enrolled, with no more than 49% of the memberscoming from one college.
 
 
Page 3 of 10
if you want to know more about this, and/or interested to help with this campaign,contact UP ALYANSA at 0915 452 5116, or 0927 682 5863 or visit http://upalyansa.multiply.com
2.
 
The No Freshie Rule 
 —  The proposed
UP Diliman Code of Student Conduct 
requires that the members of allUP Diliman organizations must have completed at least one year residency.
4
 Freshmen, therefore, are not allowed to join any organization. Furthermore,recruitment of freshmen, under the proposed
UP Diliman Code of Student Conduct,
 is considered
Grave Misconduct 
which is punishable by suspension of at least onesemester to not more than one year.
5
Interestingly, the
Student Code Review Committee 
gave no reason for the new ban.3.
 
 Academic Activity Required 
 — Included in the requirements for the recognition of an organization is adocument listing at least one academic project/activity executed by theorganization.
6
With this requirement, therefore, what happens now to non-academic organizations such as
Provincial Organizations, Special Interest Orgnanizations and Religious Organizations 
? Does this mean that they are now required to initiateacademic projects even if these are not within the thrusts of their organization?Be it noted that the only requirement provided under Batas Pambansa 232 is anassociation should be recognized by the school to foster the intellectual, cultural,spiritual and physical growth and development of the students. It makes nomention of academics as a required thrust for organizations.
Due Process in Disciplinary Cases 
Basic is the concept that every accused should be afforded
due process 
before judgment shouldbe rendered regarding his case. And although the Philippine Supreme Court has pronouncedin a long line of cases that
due 
 
 process 
in disciplinary cases involving students does not entailproceedings and hearings similar to those prescribed for actions and proceedings in courts of justice, the same court has nevertheless stressed that there are minimum standards whichmust be met to satisfy the demands of procedural
due process 
7
, to wit:1.
 
the students must be informed in writing of the nature and cause of any accusation against them2.
 
they shall have the right to answer the charges against them, with the assistanceof counsel, if desired;
4
Art. IV, No. 32
5
Sec.1.3.1.d, Art.VI
6
Sec. 3.1.d.4, Art. VI. An organization must accomplish OSA application forms xxx, with the following documentsattached thereto: List and description of projects and activities undertaken during the immediate past year, with relevantdocumentation, such as posters, programmes, and photos. The list should include at least one academic project/activity.
7
Diosdado Guzman, et al. v National University and Jhocson, G.R. No. L-68288 July 11, 1986
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