A referendum is essentially a good thing. But this referendum doesn’t exist in a vacuum.
It comes at a time when there is a pending proposal in Congress to cut UP’s maintenance and operating budget in 2009 by PhP 200+ million, which will justify another round of tuition and lab fee increases. It comes at a time when the administration, through UP President Roman, admits on cable television the strong possibility of increasing tuition once again. The SR (Student Regent) has traditionally stood against these whenever he sits at the BOR (Board of Regents), an arena dominated by administrators and political appointees.
The referendum, I believe, is a cunning way to challenge the presence of the SR in the BOR, and effectively neutralize the representation especially at this crucial juncture of our university’s history. Think of an ordinary organization seeking recognition from the OSA (Office of Student Affairs), in order to be eligible to use the university’s facilities. For more than a decade, this organization has existed with is own constitution and rules on selecting their organization officers. In a sudden turn of events, this year, before the OSA recognizes the organization, it asks the formation to submit its constitution and rules on selecting its organization officers to a referendum by all its members. It’s quite an added burden, which was largely unnecessary because of an already existing democratic and working mechanism. Perhaps it may not be a problem to ordinary organizations with around thirty members, but think of it this way, 60% of the members rarely show up at the tambayan.
UP has 55,000+ students. Even in the most heated student council elections, turnout has never exceeded 50%. The administration knows this. It’s a challenge it knows will be difficult, logistically, for the students to fulfill. It’s the challenge that will give them the space to maneuver and to do what it seeks to implement while the selection of the SR is uncertain.
Some groups try to create the atmosphere that it’s okay for the referendum to fail because the OSR (Office of the Student Regent), as a public office, will not be abolished anyway and that the law abhors a vacancy in public office. True enough, the OSR will not be abolished, and that the current SR will remain in a hold-over position. However, for how long until the other members of the BOR challenge her presence? This propaganda line doesn’t take into consideration the historic tendency of the UP administration to intervene in what is supposed to be a purely student affair, whenever it suits its interests.
In 1991, President Abueva shunned the nominee chosen by the students and appointed his own SR. In 1999, the administration expelled the sitting SR from school, and consequently the BOR booted him out of the board, because he wasn’t a student anymore. These, despite the legalities that supposedly ensure student representation in the board.
Current SR Abdulwahid is a graduating student. She will cease to be a student in a few months. The administration and pro-administration groups can assure us all they want that there shall be no vacancy in the OSR but we all know what the administration has done and is capable of doing in order to take advantage of the situation in case of such a vacuum. Fortunately, a replacement was chosen in 1999, but that was when the CRSRS was in practice and recognized. In the event of a failure of a referendum this year, there will be no mechanism to replace SR Shan, in case she ceases to be a student, or if, god forbid, something terrible happens to her. Indeed we will have an OSR, but we will be unable to choose a new SR. That’s where the vacancy comes in.
Granting without conceding that the law really abhors this vacancy, and that it won’t happen. And in case it does, we can file a case in court to assert our rights and our representation. This is exactly the kind of space pro-tuition increase administrators is seeking to roll the dice for another round of hikes. Instead of the SR or the OSR and the students uniting in principle to oppose such moves, we shall be concerned still with validating and securing our representation in the board. That’s where the delay comes in.
I’m similarly frustrated, honestly. Student councils have bickered and campaigned for amendments last year. All of us had the chance from June to December to argue over this and I’m really disappointed that even after they have failed to gather popular support and to be accommodated, they insist on their political agenda and divide the students at a time when unity is imperative in securing our representation.
Last year, from June to December, they campaigned for amendments and consulted with their constituents. There was very little favorable response among students. Ask for the qualitative and quantitative results of their consultations. There is no unbiased clamor for these amendments. The fact is that these amendments have been campaigned for year in and year out by the same political force who have their own interests in mind. Year in and year out, when the GASC convenes, these amendments are rejected by majority of student councils system-wide. Last year, despite their effort to gather support for their amendments, the students aren’t biting. And what’s more, they didn’t submit their amendments on time, despite the fact that the mechanism for amendments wasn’t repealed by RA 9500 (the new UP Charter).
I was personally willing to concede and accommodate whatever they want, even if I don’t agree with the merits of their arguments in favor of amendments. But given the results of their consultations, there really is no un-colored clamor for amendments even in their colleges. It really just comes from the same political force whose efforts are frustrated every year. All I see is blue and yellow. It almost makes them similar to pro-administration congressmen hell-bent on pushing for charter change without any clamor from the constituents they supposedly represent, except for the clamor within their frustrated political parties with vested interests.
I also want some amendments (albeit not the ones they push for), but I believe the time had past for all the bickering and arguing over them. We all had the chance, we all had the time, from June to December last year, to exercise our duties to consult our students. Pinag-awayan at pinagpuyatan na natin ang mga debate tungkol dito. Now is the time for us to unite in securing student representation in the BOR. If we really feel so strongly about amendments or whatnot, student councils can deliberate on it as early as April once the referendum has succeeded. If the referendum fails, wala rin naman tayong magiging arena to debate on these proposals. Unwillingness to settle for this compromise is for me quite unreasonable–taking into consideration all the pressing issues we’re going to face in the next few months, from budget cuts to tuition increases. Putting it in another way, the willingness of some groups for this referendum to fail just because their amendments weren’t accommodated now (and justifiably so), at a time when we’re facing further attacks on our rights as students, is preposterous and selfish.
We can’t afford uncertainty. We can’t afford any delay. It is imperative for us to secure student representation in the BOR now.
law student, national democracy activist, film school graduate, photography hobbyist
Kuya bikoy, tanong ko lang…I’m an ordinary UP student..I’ll just say ‘YES’ na lang pala although I see some flaws in the CRSRS, because I’m being hold hostage on just one question with two equally uncertain options?
*held hostage
Why did our SR allowed the student councils to be bounded by mere technicalities and let it triumph over our essential democratic rights?
parepost nito!=)
i don’t think securing our representation in the highest-policy making body in the university at a time when it’s about to implement anti-student policies is tantamount to being held hostage
did you really read this post? it’s not about technicalities. it’s about the bigger picture.
if you didn’t, let me break it down for you:
step 1. we need to secure the office of the student regent
step 2. it’s because it’s not isolated from the rest of UP– or Philippine society for that matter. (refer to bikoy’s post paragraph one. and might i add that that is just a single pressing issue among many pressing issues the SR has to tackle)
step 3. and to secure that office, we need to secure the representation, ie. the personification of that office.
step 4. and to do that, we need to make sure that there are rules governing how to pick that person.
UP Alum here.
fight for what is right.
Myth #1: Assuming that the NO vote wins, if the current Student Regent graduates or resigns from her post, it will be the administration who will select her successor. Our independent representation in the BOR is in danger from attacks through admin-intervention.
Observation: Let us quote Section 12 (1 [g]) of the UP Charter: “One Student Regent, to serve for a term of one (1) year, chosen by the students from their ranks in accordance with rules and qualifications approved in a referendum by the students;” There is no question that the law mandates that only the students may choose the Student Regent. Any act by the administration to appoint the SR will surely be annulled by the court due to it being contrary to law.
Myth #2: We will have no Student Regent to represent us if the NO vote wins and the current Student Regent eventually graduates or resigns because the process to select the SR has been rejected by the students. No rules = no process = no Student Regent shall be selected.
Observation: The UP Charter has also given us a remedy for this situation. Section 12, paragraph 2 of the said Charter states that in case of vacancy, such shall be filled in the same manner as provided for her predecessor. In as much as the current Student Regent may temporarily hold-over her post until her successor has been selected through a valid set of rules, the current CRSRS may also be temporarily retained as the rules to select a temporary Student Regent until an official one has been selected through a legal set of rules.
Myth #3: The councils failed to recommend their amendments on time. The deadline for filing amendments is set by the CRSRS on the first day of October. No proposals were given to the OSR before such date.
Observation: It may be true that the first day of October is indeed the deadline for submitting proposed amendments under the old CRSRS. However, we must also take the following into consideration:
a. The practice for the past ten years is for the GASC to convene twice annually: once in October to approve the CRSRS (and any amendments proposed thereto) and again in December to select the SR by implementing the rules approved during the October session. The wisdom behind setting the October 1 deadline, therefore, must have been to ensure that all proposals are submitted before the October GASC session. For everyone’s information, the October 2008 GASC was unilaterally cancelled by the SR due to the upcoming referendum.
b. The Student Regent circulated letters to the local student councils indicating her intention to visit each one of them from October until December, to consult on what must be done in the referendum. It is not difficult to imagine that any rational student council at that point believed that the SR’s agenda at that time, among others, must have been to seek suggestions on the probable referendum question. Considering that the at the SR’s scheduled consultations with the said councils the October 1 deadline would have already lapsed, one may logical infer that the October 1 deadline must have been also suspended together with the October GASC session.
c. Article V, section 1 of the CRSRS mandates the SR to inform all student councils, through official memo, of all pertinent information vital to the process of selecting the Regent. A new law was passed commanding that the rules for selecting the SR must be passed in a referendum. A rational SR must have concluded then that the councils are in a state of limbo on how to go about selecting the said rules. The presumption of regularity has been shattered. Yet, despite this state, the SR still failed to inform the student councils that the October 1 deadline still stands.
Alam ko patapos na yung referendum and all, pero let me say this to technicality-loving people: one thing you can never label as a myth is the fact that the UP admin has had a colorful history of intervening with matters deemed contradicting to their own ends.
Most recent case in point is the blocking of FR-elect Ma’am Judy Taguiwalo from sitting in the BOR as a duly-appointed member. Dahil union officer daw siya. FR Taguiwalo debunked this “legal opinion” by demonstrating that Union interests is not in any way similar to business interests – which is the basis used to indicate conflicting interests between the FR-post and the Union post – because union interests is for the welfare of who the FR represents.
But still the FR’s position is pending. So much for the rule of law being followed by the Admin. Given this context, it was really questionable how certain student formations still stubbornly pushed for a failure of referendum because they didn’t have their minority way now and then – for over a decade running. If you are trumped by democracy, respect it, don’t look for other ways around it.
Salamat at mukhang hindi nagpaloko ang mga Iskolar ng Bayan – based on the unofficial tallies, malawak na bilang na ang bumoto ng YES. Sana ay tuloy-tuloy na ito, nang makaraos na tayo sa isyu na ito at makatutok na sa mga maskagyat na bakahin na mga problema tulad ng mga paparating na bagong Lab Fees, Tuition Increases, at ang pangkalahatang pag-abandona ng estado sa edukasyon – maging ang mga pambansang isyu na ating kinakaharap.
hey Bikoy, I gave you an award. Please come by and claim it from my blog! Hehe.