TO: Atty. Arvin Antonio V.

Ortiz

FROM: Danice Marie G. Lorenzo

Legal Writing, LE 103 Fri 7:30-9:30

SUBJECT: Revocation of scholarship for students who joined the

New People’s Army

DATE: March 01, 2019

The Issue

Whether the proposal of National Youth Commission (NYC)

chairperson, Ronald Cardema in revoking the scholarships of
student-rallyists deserves an issuance of Executive Order by the
Head of Government, Philippine President Rodrigo Duterte.

Brief Answer

No. The students’ scholarship will not be revoked just because of

these activities. DepEd Secretary Leonor Briones said academic
standing should be the only basis when withdrawing a scholar's
stipend. The President also believes joining rallies and protests is
part of the students’ right to freedom of expression and freedom of
assembly.

Statement of Facts

The head of the National Youth Commission (NYC) has directed

youth leaders to report "anti-government" students in hopes of having
their scholarships revoked.

He said a number of government scholars were recently caught as

members of the New People's Army (NPA), the armed wing of the
Communist Party of the Philippines (CPP) which has waged a five-
decade insurgency. The Duterte administration has terminated peace
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negotiations with the National Democratic Front (NDF), which
represents rebels in the talks. The government seeks to tag
communist rebels as terrorists - a move that is still pending before the
court.

Cardema called on President Rodrigo Duterte to issue an Executive

Order removing the government scholarships of all anti-government
scholars, specifically those students who are allied with the leftist
CPP-NPA-NDF.

He explained that the scholars, in going against the government are

"fighting the majority of the Filipino People and also not fulfilling their
roles as the expected breadwinners who will uplift their families and
as our hope in strengthening our country."

Under Republic Act 8044, the NYC, which is under the Office of the
President, should have the following objectives: lead youth promotion
and development programs and activities, encourage wide and active
participation of the youth in governmental and non-governmental
activities, harness and develop the youth's full potential as partners in
nation-building, and supplement government appropriations for the
youth with funds from other sources.

Some senators, The Department of Education (DepEd), and the

President himself, opposed National Youth Commission (NYC)
chairperson Ronald Cardema's proposal to revoke the scholarships
of "rebellious, anti-government scholars."

Discussion

The right to protest and the right to education are both fundamental
rights inherent to all and both shall be protected and upheld by the
state. The Public Assembly Act of 1985 states that the constitutional
right of the people peaceably to assemble and petition the

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government for redress of grievances is essential and vital to the
strength and stability of the State. To this end, the State shall ensure
the free exercise of such right without prejudice to the rights of others
to life, liberty and equal protection of the law. Also, under Section 1,
Article 14 of the 1987 Constitution of the Republic of the Philippines,
“The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such
education accessible to all.”

Government scholars should not be penalized or even kicked out of

school for "being militant and joining anti-government rallies to show
dissent", since they are exercising a basic right “available to any
citizen” of the country.

However, if they bear arms and commit the crime of rebellion, in the
same vein, just like any other person, they should not only be
dismissed from school, they should suffer the consequences of their
criminal act and jailed, after being accorded due process.

Cardema’s proposal somehow violates the Constitution and the bill of

rights that guarantees freedom of speech, of expression and of the
press, the right of the people to peaceably assemble and petition the
government for redress of grievances, and to due process and equal
protection of the laws.

The government is the government of those who agree with it and

disagree with it. And the President is the President of those who
voted for him and did not vote for him. Both the President and the
government should serve every Filipino without distinction and
regardless of political beliefs.

With these facts, and what's clear for now is that the President will
not sign an order withdrawing scholars' stipends without concrete
evidence they are joining efforts to destabilize the government.