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Born in 1989, the UP-DND Accord prohibits the military and the police from conducting operations inside UP campuses without informing the university administration.
In a letter to University of the Philippines (UP) President Danilo Concepcion, Defense Secretary Delfin Lorenzana unilaterally terminated the 31-year-old pact between UP and the Department of National Defense (DND).
In his letter, Lorenzana claimed there is an “ongoing clandestine recruitment” for the membership in the Communist Party of the Philippines - New People’s Army (CPP/NPA) within the grounds of the university.
He added that a number of UP students have been identified as members of the organization which has been declared terrorist by the Anti-Terrorist Council.
To remedy this, the defense secretary said, the pact must be abrogated —a decision that was met by denouncements from the members of the UP community.
Born in 1989, the UP-DND Accord prohibits the military and the police from conducting operations inside UP campuses without informing the university administration.
It was signed by then-defense chief Fidel Ramos and then-UP President Jose Abueva.
According to Bagong Alyansang Makabayan (Bayan) Secretary-General Renato Reyes Jr, the agreement came following the abduction and arrest of Philippine Collegian staffer, Donato Continente.
Continente was tortured and forced to admit a crime he did not commit, Reyes said. Continente was convicted for the killing of US Col. James Rowe and was sentenced to 14 years in prison.
“Ang marahas na pagdukot at pag-aresto kay Donat sa campus ng UP ay nagbunsod ng diskusyon kaugnay ng kondukta ng police at military operations. Ang ganitong mga operasyon at paglabag ay banta sa academic freedom ng UP,” Reyes said.
The UP-DND Accord was born so incidents such as the case of Donato Continente will not happen again.
The provisions of the agreement include:
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The military or police must notify the UP administration before conducting operations in any of the university’s campuses
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With exceptions of a hot pursuit or other cases of emergency, members of the military or police shall not enter the premises of UP campuses
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Should the university need assistance, only uniformed officers with proper identification will be allowed inside the campus
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Members of the military and police shall not interfere with peaceful protest actions by UP constituents within UP premises
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Search and arrest warrants for any UP constituent must be done after notifying the UP administration
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No warrants shall be served without the presence of at least two UP faculty members
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The arrest and detention of UP constituent shall be reported immediately to the UP administration
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No UP constituent shall be subjected to custodial investigation without prior notice to the UP administration
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A joint monitoring group composed of UP Faculty Regent, UP Student Regent, other UP administration, and members of the national defense shall meet twice a year to determine compliance with the agreement.
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Nothing in the agreement “shall be constructed as a prohibition against the enforcement of the laws of the land.”
UP President Concepcion has urged DND to reconsider and revoke its decision to terminate the UP-DND Accord, noting that it is “totally unnecessary and unwarranted.” University student councils, student movements, and other personalities have also expressed their opposition to the decision.
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