Pagbati mula sa UP ALYANSA ngayong Pasko

Iskolar para sa Bayan... Pailawin ang PAG-ASA.

Bumabati ang UP ALYANSA ng isang Mapayapa at Makabuluhang Pasko!

GASC 2011: On the Alleged Online Campaign to 'UNSEAT THE SR'

December 21, 2011, 12:20PM: ALYANSA Chairperson Tin Borja received text messages from council members in the General Assembly of Student Councils (GASC) clarifying if ALYANSA is indeed moving for the "Unseating of the Student Regent". This is due to the announcement made by the Student Regent in the GASC where ALYANSA is alleged to have started an online campaign to UNSEAT THE SR. 

As of 12:40PM, ALYANSA Chairperson, in a phone conversation with the Student Regent clarified that the no such move is being done by the formation. The SR has announced the same to the body. 

As the formation is directly implicated, we strongly condemn these false accusations against the formation that we are for the unseating of the Student Regent. We are disgusted that any group can sink this low to spread such lowly rumors against the formation.

ALYANSA believes in safeguarding our democratic right to representation in the University's policy-making bodies and other avenues. Hand in hand with this is securing transparency and accountability in all levels of student government in pursuit of student empowerment. With this, we remain steadfast in our commitment to work towards strengthening student institutions through principled methods of engagement and never through counterproductive means.

We call upon all the students to remain vigilant and critical with the flood of false rumors being propagated. Albeit divides and differences in debates, ALYANSA will continue to engage the institution that is the OSR through legal, constitutional, and substantial means, as we have done so in the past. 


Iskolar para sa Bayan, kasama ka sa malinis at marangal na laban para sa pagpapatibay ng demokrasya sa Opisina ng Rehente ng mga Mag-aaral.

ALYANSA for [S]ecuring [R]epresentation

Every year, the General Assembly of Student Councils (GASC), composed of our elected student council members from the constituent units of the University, convenes to ratify the Codified Rules for Student Regent Selection or the CRSRS, a document that serves as the "rule book" for the selection process of the Student Regent. 

Being the only student member chosen among our ranks to represent us in the highest decision-making body on campus which is the Board of Regents (BOR), the Student Regent is undeniably, an important position as the office stands to represent our interests. As the policies of the Board of Regents directly affect our welfare as students, the necessity of student representation in this body must be placed in the highest premium.

Thus, recognizing the fundamental importance of the Office of the Student Regent as a force for forwarding what is right and just to further uphold student empowerment, the necessity of a democratic selection process to ensure the transparency and accountability of our highest representative should also be put into place.

It is with this premise that UP ALYANSA, guided by its pillars of academic excellence, student empowerment and progressive multiperspective activism, steadfastly forwards reforms in the selection of the Student Regent to ensure that participatory mechanisms and real democracy prevail. 

UP ALYANSA is for the Minimum Academic Requirement as a criterion for all Student Regent nominees. A student leader is, first and foremost, a ‘student’ of the University, and fulfilling such a responsibility must also be aimed towards ensuring that the taxes paid by our people in investing with our education are not put to waste. The recent vacancies in the Office of the Student Regent due to academic delinquency show the necessity of such reform. It is a disservice to the students if we allow the loss of representation in the BOR to happen once again as it continuously makes decisions and policies that affect the entire student population of the UP System.

UP ALYANSA is for a ‘One College, One Vote’ Allocation Provision. The unequal and unjust voting allocation in the Student Regent selection (2 votes each for Diliman, Manila, Los Baños, Baguio, Visayas, and Mindanao; and 1 vote each for Pampanga, Cebu, Iloilo City, Tacloban, and Baler) has given rise to the disenfranchisement and disempowerment of a broad segment of UP students. For instance, the 5,000 students of the UPD College of Engineering have to scramble for an insignificant 0.1 vote with the 19 other colleges in Diliman (following the 2-vote allocation for UP Diliman), while the 2,400 students of UP Baguio receive the full two votes.

UP ALYANSA is for the deletion of Katipunan ng mga Sangguniang Mag-aaral sa UP (KASAMA sa UP) in the CRSRS. While we recognize the contribution of this alliance in the establishment of the Office of the Student Regent, such historical account has no place in a set of rules outlining the Student Regent selection process. In addition, KASAMA sa UP is not representative of the entire UP student population as many university and college student councils are not part of the alliance. To make the Student Regent selection process truly democratic, it must recognize the multiperspectivism in the student councils that choose the Student Regent.

As the GASC commences in UP Visayas, Iloilo, UP ALYANSA and its member-organizations throw its full support to the progressive university and college student councils that will carry our reforms during the deliberations. UP ALYANSA also urges our fellow Iskolars para sa Bayan to join us in securing representation through the Office of the Student Regent, which is supposed to be our highest bastion of democratic representation and participation. Make your voices heard through all channels possible in delivering our collective and resounding call for a progressive selection process for our Student Regent.

Iskolar para sa Bayan, kasama ka sa malinis at marangal na laban para sa pagpapatibay ng demokrasya sa Opisina ng Rehente ng mga Mag-aaral.

MINDAnao NOW!

Sa panahon ng pagdadamayan... Lahat Tayo, Iskolar Para Sa Bayan!


Visit http://www.sendongrelief.org/ to learn more about how you can help.

Para sa LGBT, Para sa Bayan

Iskolar para sa Bayan, kasama ka sa pagsulong ng pantay na karapatan para sa lahat.

PASS THE ANTI-DISCRIMINATION BILL NOW!

NO BLOOD, NO SCORE

"A continuing brawl that tallies score on the basis of bloodshed", aptly describes the violent nature propagated by supposedly service-and-leadership-oriented brotherhoods these past months.


09.16.11
Alpha Sigma and Alpha Phi Beta started the series of fraternity rumbles as they engage in a fight at the APB tambayan. 2 APB members were hurt.

10.17.11
Ivan Valcos of Alpha Sigma was hit in the AS Men’s CR.

10.23.11
Kehrl Reyes of APB, School of Economics Student Council Chairperson, was hit inside his house.

11.11.11
Lloyd Cunanan of Alpha Sigma was hit outside the backstage of R O C K A S J U A N after his band played for the event.

11.13.11
Kehrl Reyes’s car windows were broken.

11.15.11
Something exploded in front of Kehrl Reyes' house at around 2AM.

11.16.11
USC Councilor Apa Pangalangan's car of Alpha Sigma was hit with bats. A car chase between the two fraternities happened in the University Avenue where an APB-member-owned Starex van ended up in the center island.

11.17.11
Will the tally of bloodshed continue?


ALYANSA condemns these barbaric acts that are unforgivable for civilized human beings. It is with grave frustration that an institution of learning is continuously plagued by such acts of violence that remains to be justly neglected even after its long history of bloodshed in the university.

We have remained true to our call against fraternity-related violence regardless of who is involved, active in our attempts to engage the administration to take just and necessary measures to punish those who violate such heinous crimes accordingly, and respectful of the rights and efforts of our fraternity men to organize and co-exist in peace with each other, but as seen in this case alone, the issue of fraternity-related violence remains amidst efforts to curtail it.

This year alone, different brawls between Sigma Rho and Upsilon and Alpha Sigma and Upsilon caused multiple persons, both fraternity men and non-fraternity men, to be victims of such acts causing widespread fear to the innocent and unaffiliated UP students. No amount of administration intervention in the forms of peace treaties and accords among and between these fraternities worked. Calls remained unheeded. Rules have become mere words given the lack of proper implementation. And some fraternities, no matter how much they claim to be for peace, have proven otherwise, in their acts.

ENOUGH IS ENOUGH.

We reiterate our strongest calls to UP President Alfredo Pascual (a fraternity man himself), Chancellor Saloma and the UP administration to take concrete actions against these violent acts happening in the university. Review and properly implement the rules governing fraternities in the university. Make those members of fraternities who are directly involved and identified in cases of fraternity-related violence legally accountable in the Student Disciplinary Tribunal. Peace accords are not enough.

We also enjoin all Student Councils to be part of the reconvening of the Student-Led Anti-Fraternity-Related Violence Watch (SAWA) this coming Friday (November 18), 4:00PM, at Law 322. Concrete measures need to be taken and taken together and we expect nothing less from our student leaders mandated and elected to protect the rights and welfare of their constituents. It’s time to take a definite stand. Because at the end of the day, the students' lives, safety and morale are of paramount and transcendental importance.

Security within the university is not a mere issue but a right of every student.



SAWANG SAWA NA KAMI SA FRATERNITY-RELATED VIOLENCE.

Iskolar para sa Bayan, tutulan ang karahasan.
Hindi ito sukatan ng kadakilaan, katapangan at kapatiran.
Kasama ka sa patuloy na paghangad at pagkamit sa katarungan.

SAWANG SAWA NA KAMI!

Last Friday, November 11, just outside the backstage of R O C K A S J U A N, a concert that celebrates Filipino pride and volunteerism held at the Sunken Garden, two masked men, who were identified as Alpha Phi Beta members, in a Honda Civic with the plate ZGS 242, hit Lloyd Cunanan of Alpha Sigma twice in his head, one at the back and one at the side, inflicting fear to the event organizers. 

This series of rumbles by Alpha Sigma and Alpha Phi Beta fraternities has already had 3 earlier casualties, Kehrl Reyes (APB), Ivan Valcos (Alpha Sigma) and an unidentified member of APB. Just today (November 14), Kehrl Reyes' car windows were broken by unknown people. 

ALYANSA condemns this barbaric act that is unforgivable for civilized human beings. It is with grave frustration that an institution of learning is continuously plagued by such acts of violence that remains to be justly neglected even after its long history of bloodshed in the university. 

We have remained true to our call against fraternity-related violence, active in our attempts to engage the administration to take just and necessary measures to punish those who violate such heinous crimes accordingly, and respectful of the rights and efforts of our fraternity men to organize and co-exist in peace with each other but as seen in this case alone, the issue of fraternity-related violence remains amidst efforts to curtail it. 

This year alone, different brawls between Sigma Rho and Upsilon and Alpha Sigma and Upsilon caused multiple persons, both fraternity men and non-fraternity men, to be victims of such acts causing widespread fear to the innocent and unaffiliated UP students. No amount of administration intervention in the forms of peace treaties and accords among and between these fraternities worked. Calls remained unheeded. Rules have become mere words given the lack of proper implementation. And some fraternities, no matter how much they claim to be for peace, have proven otherwise, in their acts.

ENOUGH IS ENOUGH.

We reiterate our strongest calls to UP President Alfredo Pascual (a fraternity man himself), Chancellor Saloma and the UP administration to take concrete actions against these violent acts happening in the university. Review and properly implement the rules governing fraternities in the university. Make those members of fraternities who are directly involved and identified in cases of fraternity-related violence legally accountable in the Student Disciplinary Tribunal. Peace accords are not enough. 

We also enjoin all Student Councils to be part of the reconvening of the Student-Led Anti-Fraternity-Related Violence Watch (SAWA) this coming Friday, November 18, 4PM. Concrete measures need to be taken and taken together and we expect nothing less from our student leaders mandated and elected to protect the rights and welfare of their constituents. It’s time to take a definite stand. 

Security within the university is not a mere issue but a right of every student. 

SAWANG SAWA NA KAMI SA FRATERNITY-RELATED VIOLENCE.

Iskolar para sa Bayan, tutulan ang karahasan. 

Hindi ito sukatan ng kadakilaan, katapangan at kapatiran.

Kasama ka sa patuloy na paghangad at pagkamit sa katarungan.

Bawat Iskolar para sa Bayan, #JUANTED!

In behalf of the whole JUANTED 2011 Team (UP CIEM, UP ALCHEMES, UP CURSOR, UP GP's, UP ARISE, and UP ALYANSA), a BIG THANK YOU to all the volunteers and attendees who made JUANTED THE BIGGEST ADVOCACY EVENT in UP Diliman this year!

In the spirit of transparency, we will give you a progress report of our target beneficiaries (USC UP Diliman Basic Student Services Committee, and Culiat and Tandang Sora Elementary Schools) in the coming weeks.

Volunteerism + Pinoy Pride = Tatak Iskolar Para Sa Bayan!

(Photo credit: Bench/ Twitter account)

[UPDATED] Second Semester 2011-2012 Enlistment and Registration Schedule

‎[UPDATED] Important dates to remember for the Second Semester 2011-2012 Enlistment and Registration (with the dates for the last day of Form 5A validation, payment and change mat).

Kindly help us circulate this reminder online. Enjoy the rest of the sembreak, mga Iskolar para sa Bayan!

Second Semester 2011-2012 Enlistment and Registration Schedule

Important dates to remember for the Second Semester 2011-2012 Enlistment and Registration.

Kindly help us circulate this reminder online. Thank you and good luck, mga Iskolar para sa Bayan!

TAMA NA, SAWA NA TAYO SA FRAT-RELATED VIOLENCE!

We condemn, in the strongest terms, the latest incident of fraternity-related violence last Sunday night that left UP School of Economics Student Council Chairperson and UP ALYANSA/UP ETC member Kehrl Reyes with head and body injuries.

Violence is NOT an option. TAMA NA, SAWA NA TAYO SA FRAT-RELATED VIOLENCE!

Anti-Discrimination Bill Update

11 October 2011 – USC Councilor and Gender Committee Head Heart Diño during the committee hearing on House Bill 515, or the Anti-Discrimination Bill, at the Batasan Pambansa.

UP ALYANSA also forwarded a letter in support of the passage of the Anti-Discrimination Bill to the House Committee on Women and Gender Equality (c/o Chairperson Angelica Amante-Matba).


Iskolar para sa Bayan, kasama ka sa pagsusulong ng pantay na karapatan para sa lahat.
PASS THE ANTI-DISCRIMINATION BILL NOW!

Tweet Our Legislators to #CoAuthorTheSTRAWBill!

Help us in asking our legislators #CoAuthorTheSTRAWBill by Akbayan Reps. Walden Bello (@WaldenBello) and Kaka J. Bag-ao (@repkaka)!

Full text of House Bill No. 2190. (STRAW Bill):
http://congress.gov.ph/download/basic_15/HB02190.pdf

Ask your legislators to #CoAuthorTheSTRAWBill! Here's a template for the co-authorship form which you can tweet/send to them: http://bit.ly/ozsXKZ.

Set your Twitter account to 'public' first, then TWEET YOUR REPRESENTATIVE! Ask them to #CoAuthorTheSTRAWBill!:

@aliahdimaporo – Rep. Aliah Dimaporo (2nd District, Lanao del Norte)
@arm7878 – Rep. Amang Magsaysay (AVE) - REPLIED. Available for a meeting next week.
@catamconancy - Rep. Nancy Catamco (2nd District, North Cotabato)
@chedz_alvarez - Rep. Mercedes Alvarez (6th District, Negros Occidental)
@congjoe - Rep. Joel Duavit (1st District, Rizal)
@CutieDelMar - Rep. Rachel Del Mar (1st District, Cebu City)
@EmAglipay - Rep. Emmeline Aglipay (DIWA)
@erintanada - Rep. Erin Tañada (4th District, Quezon) - SIGNED AS CO-AUTHOR!
@GinadeVenecia - Rep. Gina de Venecia (4th District, Pangasinan)
@irvinalacla - Rep. Irvin Alcala (2nd District, Quezon)
@JayeLacsonNoel - Rep. Jaye Lacson-Noel (Lone District, Malabon City)
@julesled - Rep. Jules Ledesma (1st District, Negros Occidental) - REPLIED. Will send co-authorship form.
@jvejercito - Rep. JV Ejercito (Lone District, San Juan City) - REPLIED. Said he filed similar bill, but we'll clarify.
@kimicojuangco - Rep. Kimi Cojuangco (5th District, Pangasinan) - REPLIED. Will send co-authorship form.
@KuyaEgaySanLuis - Rep. Egay San Luis (4th District, Laguna)
@lanimrevilla - Rep. Lani Mercado-Revilla (2nd District, Cavite)
@luigiquisumbing - Rep. Luigi Quisumbing (6th District, Cebu) - REPLIED. He'll go over the bill first.
@miroquimbo - Rep. Miro Quimbo (2nd District, Marikina City)
@pablojohncebu - Rep. Pablo John Garcia (3rd District, Cebu)
@pongbiazon - Rep. Rodolfo Biazon (Lone District, Muntinlupa City)
@roilogolez - Rep. Roilo Golez (2nd District, Parañaque City)
@RepMelSarmiento - Rep. Mel Sarmiento (1st District, Western Samar)
@sonnyangara - Rep. Sonny Angara (Lone District, Aurora) - REPLIED. He'll go over the bill first.
@Teddy_Baguilat - Rep. Teddy Baguilat (Lone District, Ifugao)
@TobyTiangco - Rep. Tobias Tiangco (Lone District, Navotas City)


Iskolar para sa Bayan, kasama ka sa pagpasa sa Students’ Rights and Welfare Bill.

Message of PALEA President Gerry Rivera to the Iskolars para sa Bayan

3-4 October 2011 – UP ALYANSA visited the members of the Philippine Airlines Employees Association (PALEA) in their camp-out site near the NAIA Terminal 2 in Parañaque City, and expressed its solidarity with the protesting PAL employees in their fight for security of tenure.

UP ALYANSA Chairperson Tin Borja and CSSP Student Council Chairperson JC Tejano gave their messages of solidarity to PALEA, reaffirming the formation’s commitment in upholding workers’ rights that also affect the youth and students.

“Narito po kami upang magpasalamat sa inyo dahil higit sa pagtatanggol ninyo sa inyong mga karapatan bilang mga manggagawa, ipinaglalaban niyo rin na magkaroon kaming mga kabataan ng regular na trabaho at magandang buhay sa hinaharap,” Tejano said in his message.

In response to our call for financial and material support to the camp-out, residents of Kalayaan Residence Hall donated noodles, canned goods and blankets to PALEA members.

In return, PALEA President Gerry Rivera thanked UP ALYANSA and the freshman dormers, and asked our fellow Iskolars para sa Bayan to continue supporting PALEA in defending their right to tenure and safeguarding the rights and welfare of our nation’s workers.

“Sa mga susunod na araw ay iniimbitahan namin kayo na pumunta rito. We need your support – be it moral, physical or material. Kailangan namin ang mga ito dahil ang laban nating ito ay maaaring pangmatagalan,” Rivera appealed to our fellow Iskos and Iskas.

“Sa pagbibigay ninyo ng moral support sa amin, mas lalo kaming lumalakas at kayo ay nagiging inspirasyon namin. Manalig kayo na sa inyong tulong ay makakamtan natin ang tunay na kalayaan para sa ating mga mangggagawa – kalayaan mula sa pang-aabuso, kalayaan mula sa eksploytasyon – at ang pagbibigay ng dignidad sa manggagawang Pilipino,” Rivera concluded.

Other youth groups that were with UP ALYANSA during the two visits are the National Youth Commission, the Student Council Alliance of the Philippines (SCAP), the Coalition for Students’ Rights and Welfare (STRAW Coalition), Akbayan! Youth, and ALYANSA member-organizations Buklod CSSP and Akbayan! Youth - UP Diliman.



Iskolar para sa Bayan, kasama ka sa laban kontra kontraktuwalisasyon.
END UNJUST CONTRACTUALIZATION OF LABOR, PASS THE SECURITY OF TENURE BILL!

UP ALYANSA's clarificatory statement regarding a news article by Manila Standard Today

In light of the news article by Manila Standard Today entitled "UP students, faculty launch 3-day strike" where UP ALYANSA was reported to have led the budget mobilization which occurred last Wednesday (to quote: "The UP-Alyansa ng mga Mag-aaral Para sa Panlipunang Katwiran at Kaunlaran led the walk along the academic Oval area and marched on the 2.2-kilometer oval to demonstrate their unity against the cut in the school’s budget and the budgets of other state universities and colleges," italics added), we forward the following clarifications:

1. In our Press Release dated September 21, 2011, it was clearly stated that UP ALYANSA NEVER CLAIMED to have led the budget mobilization. We quote: “UP Alyansa ng mga Mag-aaral para sa Panlipunang Katwiran at Kaunlaran (ALYANSA), one of the participants in the university-wide strike, appeals to the government to increase the UP budget and invest more in education” (italics added). UP ALYANSA HOLDS NO CONTROL over the editing and writing of news articles in major print and TV media.

2. After being made aware of the said article, UP ALYANSA immediately contacted the writer of the said article requesting for an erratum for immediate publishing. We have attached a link of our Press Release distributed to all print and TV media, and another article published by Sun.Star Manila correctly reflecting what we forwarded.

3. UP ALYANSA believes that investing in our people via a higher education budget is a collective struggle that transcends our political colors or parochial concerns. It is a collective struggle that no single person, no single group, or no organization can merely lay claim to. It is a collective struggle that UP ALYANSA is in, together with the education sector, as we stake the claim for our future.

Iskolar para sa Bayan, kasama ka sa pagkamit ng quality, relevant, at accessible education.
INCREASE THE UP BUDGET, INVEST IN EDUCATION.

LINK TO UP ALYANSA'S PRESS RELEASE, “Government should adopt '6%-of-GNP to education' standard in PH - UP protesters”: http://www.facebook.com/notes/up-alyansa/press-release-21-september-2011-government-should-adopt-6-of-gnp-to-education-st/10150394599370775

LINK TO THE MANILA STANDARD TODAY NEWS ARTICLE, "UP students, faculty launch 3-day strike": http://www.manilastandardtoday.com/insideNews.htm?f=2011%2Fseptember%2F22%2Fnews5.isx&d=2011%2Fseptember%2F22

LINK TO THE SUN.STAR NEWS ARTICLE, “Government urged to allot 6% of GNP to education” - ALSO BASED FROM UP ALYANSA’S PRESS RELEASE: http://www.sunstar.com.ph/breaking-news/2011/09/21/government-urged-allot-6-gnp-education-180624

UP ALYANSA featured in the Philippine Daiily Inquirer!

UP ALYANSA's statement on the proposed 2012 UP and education budget gets published in today's edition of the Philippine Daily Inquirer!

INCREASE THE UP BUDGET, INVEST IN EDUCATION.
Iskolar para sa Bayan, kasama ka sa pagkamit ng quality, relevant, at accessible education.

An Appeal to Congressmen (Budget Dialogue at the House of Representatives, 07 September 2011)

by Juan Carlo Tejano
Chairperson, UP College of Social Sciences and Philosophy Student Council (CSSPSC)
Member, UP Alyansa ng mga Mag-aaral para sa Panlipunang Katwiran at Kaunlaran (ALYANSA)
Spokesperson, Student Council Alliance of the Philippines (SCAP)

Delivered on September 7, 2011
Speaker Prospero Nograles Hall, House of Representatives


* * *
Kailangan pong taasan ang budget ng SUCs at ng edukasyon sa bansa – klaro po ito para sa lahat sa atin dito. Pero ang tanong ko ay: ano ang benchmark, at ano po ba ang goal na gusto nating ma-attain para sa budget ng ating mga unibersidad?

Noong 1996, nagkaroon ng Delors benchmark, isang international standard ng education budget for different countries. At nakasaad rito na para maging internationally-competitive ang isang bansa ay kailangang maglaan ng 6% ng Gross National Product ang isang gobyerno para sa edukasyon.

Sa kasalukuyan, 2.5% lang ang allocated by the government sa ating edukasyon. Sa katunayan, talo pa tayo ng iba’t-ibang mga bansa, na mas mababa pa nga ang ranking ng percent ng GNP natin. Sa totoo lang, di ko po alam ang bansang Guyana, na mas mataas pa ang percentage na binibigay nila para sa kanilang edukasyon.

Nakakalungkot itong isipin, dahil ito ang trend na makikita natin for our history after the Marcos era. Mula noong na-set ang benchmark noong 1996, ang pinakamataas nang percentage na allocated for education ay 3.8%. Napakababa po nito mula sa 6% international standard.

Ito ang panawagan ng SCAP o Student Council Alliance of the Philippines, along with the different student councils in UP, and UP ALYANSA and Buklod CSSP – Na kailangang taasan ang percentage na binibigay ng gobyerno for education. Kailangan itong taasan para humabol sa international standard na 6%.

Bukod pa rito, at nasabi na rin ito kanina ng mga kasama naming estudyante, parating sinasabi na maramot ang SUCs kapag nananawagan ito ng mas mataas na budget.

Ayaw kong paniwalaan ito, dahil kailangang lahat ng antas ng edukasyon ay binibigyang-halaga. Nakikita natin ang commitment ng gobyerno, at pinapasalamatan natin ang gobyerno para sa pinapakita nitong commitment sa elementary at secondary education. Pero kailangan ding bigyan ng tamang prayoridad ang tertiary education sa ating bansa.

Sa kasalukuyan, meron lang 110 SUCs all over the country. Compare this to 1,573 Private Higher Educational Institutions. Clearly, itong kakaunting amount ng SUCs sa ating bansa ay nangangailangan ng pondo at suporta.

At ang SUCs na ito, ito lang ang pag-asa para sa napakaraming Pilipinong mag-aaral na nagtapos ng high school para tumuloy sa kanilang college education. Kapag hindi natin popondohan ang SUCs ay parang sinabi na natin sa kabataang Pilipino na huwag niyo nang ipagpatuloy ang inyong pag-aaral. Dahil klaro para sa ating lahat na napakaraming mahirap sa ating bansa at kailangan nila ng SUCs para makapag-aral.

Bukod pa rito, bilang mula na rin sa Unibersidad ng Pilipinas at sigurado naman ako na marami sa ating mga mambabatas dito ngayon ay nanggaling din sa aking unibersidad, kapag pumunta kayo ng UP ay hindi niyo na kailangan ng data. Basta pumunta lang kayo ng UP, makikita ninyo kung gaano ka-masalimuot ang sitwasyon ng unibersidad.

Makikita ninyo ang Palma Hall, isang historical site ng Martial Law noong 1970s-1980s, historical po talaga siya – wala pong nagbago. Sa katunayan, parang historical artifacts na ang mga kagamitan namin sa Palma Hall.

Nakita rin natin na kakasunog lang ng Chemistry Pavilion sa Palma Hall noong nakaraang taon, at isa itong senyales na talagang kailangan ng mas mataas na budget para sa unibersidad.

Ayaw rin natin na umaasa ang unibersidad sa mga estudyante para pondohan ang mismong “state” university. Kaya nga nagkaroon ng UP, dahil gusto nating pag-aralin ang mga mahihirap. Bakit natin aasahan ang mga estudyante na sila mismo ang magpopondo sa ating unibersidad?

Finally, mula sa College of Social Sciences and Philosophy, sinabi ng Presidente na ang bibigyan ng halaga ngayong taon ayon sa Proposed Budget highlights ay business process outsourcing, tourism, agriculture and fisheries, at infrastructure development.

Nakakalungkot ito dahil patuloy na walang binibigay na halaga para sa agham panlipunan at pilosopiya sa ating bansa. Klaro na kailangan natin ng economics, engineering at science para sa pag-unlad ng ating bansa, pero kailangan din natin ng agham panlipunan at pilosopiya para maisaayos ang pag-unlad natin bilang bayan.

Sa katunayan, kapag magfo-focus lang tayo sa economic development, hindi uunlad nang matino ang ating bayan. From Philosophy itself, kunwari, Philosophy ang nagbigay ng biomedical ethics sa bansa – research ethics on biomedicine. Paano natin maisasaayos ang health dito sa bansa kung wala naman tayong pagbibigay-halaga sa etika?

Tatapusin ko ang pagsasalita ko sa isang panawagan, lalo na sa mga taga-UP na mambabatas ngayon – na sana po talaga ay ipaglaban natin ang budget para sa UP. Sana ay ipaglaban natin ang budget para sa state universities and colleges, at ang budget para sa edukasyon.

Maraming salamat po.

BUDGET WATCH UPDATE: ALYANSA urges Congress to increase UP budget, invest in education

UP ALYANSA joins the UP administration and other state universities and colleges (SUCs) in a public dialogue at the House of Representatives last September 7, 2011, the same day the proposed budget of CHED and SUCs for 2012 was deliberated by the House plenary.

Organized by the Office of San Juan City Representative JV Ejercito, the dialogue aims to engage members of the House of Representatives regarding the government’s lack of support for tertiary education, particularly the decrease in the budget of many SUCs for 2012.

The UP Diliman delegation is composed of UP President Alfredo Pascual, UP Diliman Chancellor Caesar Saloma, UP Student Regent Krissy Conti, USC Councilor Heart Diño, SLIS Representative Orly Putong, the CSSP Student Council (represented by Chairperson JC Tejano), and UP ALYANSA (represented by Chairperson Tin Borja). ALYANSA Vice Chairperson for Education, Research and Training Aides Baccay, UP Organization of Human Rights Advocates (OHRA) President Diega Villanueva, and former USC Councilor Jeff Crisostomo also attended the said dialogue.

Also present in the public dialogue were House Committee on Higher and Technical Education Chairman and UP Board of Regents member Juan Edgardo Angara, Commission on Higher Education Chairperson Patricia Licuanan, and Philippine Association of State Universities and Colleges (PASUC) President Ricardo Rotoras.

In his appeal, CSSPSC Chairperson Tejano urged the members of Congress to increase the budget of the national university and invest in education by fulfilling the international standard of at least 6% of the country’s Gross National Product (GNP) to the education sector.

“[Ang SUCs] lang ang pag-asa ng napakaraming Pilipinong mag-aaral na nagtapos ng high school para tumuloy sa kanilang college education. Kapag hindi natin popondohan ang SUCs, parang sinabi na natin sa kabataang Pilipino na huwag niyo nang ipagpatuloy ang inyong pag-aaral,” Tejano said.

The congressmen, on their part, expressed their commitment to push not only for the restoration but also for the increase in the budget of SUCs.

In his Facebook status post, Cong. Ejercito said, “Just finished the dialogue between congressmen and the heads of the state universities and colleges. The reps were in unison in pushing not only for the restoration of the budget of the SUCs, but to increase their budget.”


Kasama ang mga kinatawan sa Kongreso, patuloy ang panawagan ng mga Iskolar para sa Bayan… INCREASE THE UP BUDGET, INVEST IN EDUCATION.

BUDGET WATCH UPDATE: Members of Congress tweet @upalyansa

UP ALYANSA has been receiving tweets from members of Congress (Senate and House of Representatives) since the Iskolars para sa Bayan intensified its "Increase the UP Budget, Invest in Education" campaign. The following are their tweets on our Twitter account, @upalyansa.


On UP ALYANSA's Position Paper on the Proposed 2012 UP and Education Budgets (LINK: http://www.facebook.com/note.php?note_id=10150345476665775)

Sen. Pia Cayetano (@piacayetano):

Agree, u have my support always. RT @upalyansa: @piacayetanoINCREASE the UP Budget. INVEST in Education.http://upalyansa.blogspot.com/2011/08/up-alyansas-position-paper-on-proposed.html

Sen. Koko Pimentel (@TeamSenKoko):

Senator @KokoPimentel and #TeamKoko is on your side@upalyansa. Education is the best equalizer and key out of poverty.

San Juan City Rep. JV Ejercito (@jvejercito):

@upalyansa This is where i disagree with the Aquino Administration, they choose 2 give priority 2 the CCT dole-outs than invest in education
@upalyansa beem fighting for the increase in budget of SUC's since last year, will fight for it again in this year's budget hearings!

Zambales Rep. Mitos Magsaysay (@mitosmagsaysay):

@upalyansa I agree with you 100%

Alliance of Volunteer Educators Partylist Rep. Amang Rodriguez (@arm7878):

@upalyansa Totally in support of ur advocacy. But I'm only 1 voice. Help me by touching base w/ ur other representatives & senators.

On UP ALYANSA's participation in the public dialogue with Congressmen, held last September 7, 2011 at the House of Representatives

San Juan City Rep. JV Ejercito (@jvejercito):

@upalyansa @jeffcrisostomo @jctejano Salamat din sa pagdalo, malaking bagay ito upang maintindihan ng aking mga kasama and estado ng SUCS.
@upalyansa It is my belief that the human resource is our most precious resource, therefore education should be given highest priority.

Lahat Tayo, Iskolar Para Sa Agrarian Reform!

‎
UP ALYANSA, Akbayan Youth - UP Diliman, and UP Organization of Human Rights Advocates (OHRA) present...

ISKOLAR PARA SA AGRARIAN REFORM: The issue of CARPER and Hacienda Luisita
Part One of "Para Sa Bayan" Lecture-Forum Series

with Former Rep. Risa Hontiveros (Akbayan Party), Dan Carranza (KATARUNGAN), and representatives from Hacienda Luisita farmers

September 1, 2011 (Thursday) | 1:00-5:00PM | Malcolm Theater, College of Law


MAKIALAM at MAKIBAHAGI. Lahat Tayo, Iskolar Para Sa Bayan!

As PNoy defaults on FOI, Congress must now take the lead

PRESS STATEMENT FROM THE RIGHT TO KNOW, RIGHT NOW! COALITION


Kung talagang gusto, hahanap ng paraan.
Kung talagang ayaw, hahanap ng dahilan.

This is exactly where President Benigno Simeon C. Aquino III stands on the proposed Freedom of Information bill, which seeks only to enforce a constitutionally guaranteed right of the people to know and secure documents in the custody of government agencies.

The President says he supports the bill in principle, but that he has “specific questions and concerns” that he wants to be settled, before he endorses it as his priority legislation. His concerns, the President says, include his fears that FOI could unlock documents that might expose people to kidnappers, cause government losses in right-of-way cases because of property price speculations, and many other unwanted results.

Yet over the last 14 months in office, he has failed to answer and settle these concerns, and for as long a period, the FOI bill has languished in limbo.

A Malacañang study group on the FOI had told us about other, bigger concerns of the President. Through Deputy Speaker and Quezon Rep. Erin Tañada, chief author of the FOI bill in the House of Representatives, we informally and indirectly engaged the study group in constructive dialogue over the last six months.

Two critical concerns on exceptions were addressed over time in three successive drafts of the FOI bill that the Palace study group crafted – “national security” and the President’s deliberative process. These were in addition to existing exceptions in the FOI bill based on national defense and foreign affairs; military or law enforcement operation; privacy; trade, industrial or commercial secrets; drafts of adjudicatory decisions; privileged information in legal proceedings; executive session of Congress; and exceptions recognized in other statutes or the Constitution.

The legislative process practically ground to a halt, precisely because the President and his study group said they were drafting their own FOI bill. We had hoped that by the opening of the second regular session of Congress, the Palace draft would be done, and the President would have certified it as a priority measure.

We had hoped as much because we still remember: As the presumptive winner of the May 2010 elections, the President had promised to assign first priority to the FOI’s passage into law, and in June 2010, as president, he launched his government on the principles of transparency, accountability, and good governance.

This is the first time we are hearing that the President has new concerns about what he says could be the undesirable results of an FOI law.

The President assures us that he supports the FOI bill “in principle” but that because his concerns linger, he could not act on his own study group’s version of the FOI bill.

What seems like a state of principled indecision in Malacañang makes us wonder: Is the President part of the solution, or part of the problem, in assuring the passage of the FOI bill? Or perhaps neither, because he has chosen to pass up a chance to lead on a strategic policy issue that the Constitution has so clearly mandated him and all public officials to uphold and enforce – the people’s right to know.

The fate of the FOI bill was a leadership call on the President. We had not wished he would default. Yet because he has, we now refocus our efforts on the House of Representatives and the Senate, which should, without need for cue or advice from Malacañang, act now and quickly on the FOI bill.

We do so with eyes wide open that as it was in the 14th Congress under then President Gloria Macapagal Arroyo, the FOI bill could face rough, tough sailing in the 15th Congress. While Mrs. Arroyo and her allies vigorously opposed and killed the bill before it could be ratified, Mr. Aquino and his allies now seem to want to let the bill waste away, and fade in time.


THE RIGHT TO KNOW, RIGHT NOW! COALITION/
BANTAY FOI, SULONG FOI! CAMPAIGN
17 AUGUST 2011


(UP ALYANSA is a member of the Right To Know, Right Now! Coalition, and the Bantay FOI! Sulong FOI! Campaign.)

ACLE 2011

Mga Iskolar para sa Bayan, kasama ka sa mga hain na ACLE ng mga kasaping-organisasyon ng UP ALYANSA:

UP Alliance for Responsive Involvement and Student Empowerment (ARISE)
UP Economics Towards Consciousness (UP ETC)
UP Lipunang Pangkasaysayan (UP LIKAS)
UP Bukluran sa Sikolohiyang Pilipino (UP BUKLOD ISIP)
UP Kalipunan para sa Agham Panlipunan at Pilosopiyang Pilipino (UP KAPPP)

AUGUST 18, 2011 (THURSDAY) | 1:00-5:00PM
Kasama ka sa ALYANSA. LAHAT TAYO, ISKOLAR PARA SA BAYAN!

UP ALYANSA’s Position Paper on the Proposed 2012 UP and Education Budget

UP Alyansa ng mga Mag-aaral para sa Panlipunang Katwiran at Kaunlaran (UP ALYANSA) is a duly-recognized leadership and service formation in the University of the Philippines – Diliman. Composed of students and student organizations in the University, we have been vigorously pursuing progressive social change in accordance to our four pillars, namely progressive multiperspective activism, academic excellence, student empowerment, and social justice and social progress.

Education, for UP ALYANSA, is a human right and a tool in the attainment of academic excellence, social justice and social progress. Through the acquisition of knowledge and skills from the four walls of our classrooms, our citizens achieve not only their personal development – be it intellectual, physical, emotional and social – but also civic and political consciousness. Since it gives empowerment especially to the marginalized, oppressed and powerless, education thus becomes an essential service that the State must provide.

The 2012 National Expenditure Program submitted by the Department of Budget and Management to the House of Representatives on 26 July 2011 proposes an increase in the budget of the whole education sector, from P218.9-billion for 2011 to P241.1-billion for 2012. Among the items in the education pie, the Department of Education (DepEd) and the Commission on Higher Education (CHED) receive a hike in their earmark compared to last year, while the Technical Education and Skills Development Authority (TESDA) and State Universities and Colleges (SUCs) suffer a reduction in its budget.

While the formation recognizes the marked increase in the allocation for elementary and secondary education, UP ALYANSA believes that prioritization of education should never discriminate tertiary education. This belief is grounded on our Constitution, which mandates the State to “protect and promote the right of all citizens to quality education AT ALL LEVELS” (1987 Constitution: Art. XIV, Sec. 1; capitalization added).

In the case of the University of the Philippines, the budget that is allotted to the country’s national university reflects the government’s policy towards tertiary education. From the P17.07-billionproposal of the University administration, the government via the DBM only approved P5.54-billion,or a measly 34%, for 2012. Compared to this year’s allocation, UP’s budget decreases by P208.2-million, or 3.6%, for 2012. This is not the first time that the University is given an insufficient budget. For the past five years, UP received a high of P7.1-billlion (in celebration of its centennial anniversary), to a low of P4.8-billion.

We, UP students, have a litany of reasons to complain about this decline in our budget: our classrooms are in an old and decrepit condition; our laboratories are deteriorating and ill-supplied; our libraries still lack subscriptions in online journals and scholarly publications; our researches and field schools are underfunded; our instructors and staff are atrociously underpaid; our limited student housing are already creaking and fire-/earthquake-prone; our vast campus is becoming difficult to maintain and secure; and the list goes on.

You, our duly-elected leaders, do not have any reason to shrug off our dilemmas. Section 22 (d) of the 2008 UP Charter explicitly stipulates that the revenues generated from the utilization of vast tracks of idle lands in the University “shall not be meant to replace, in part or in whole, the annual appropriations provided by the national government to the national university.”

As we face again an impending decrease in our budget allocation for 2012, UP ALYANSA reiterates its call for a higher budget for the Philippines’ national university. We implore the members of the House of Representatives to assist UP in fulfilling its most important functions, namely committing itself towards national development (2008 UP Charter: Sec. 7; the Charter even made mention that the Philippine Congress “may request the national university to conduct research or provide advice on any matter involving public policy”), and serving the Filipino nation and humanity (ibid.: Sec. 8).

To realize its aim to be the leading academic, graduate, and research university in this side of the world (2008 UP Charter: Sec. 3), we call upon our legislators to retain the P1.1-billion proposal of the UP administration for Capital Outlay (CA), in order to fund the following projects:
- UP Diliman Engineering Research and Development for Technology
- UP Diliman National Science Complex Buildings
- UP Manila Centennial Building and Sports and Wellness Center (Phase 1)
- UP Los Baños Analytical Laboratory
- UP Visayas - Cebu College Library Building Extension
- UP Open University Learning Centers in the regions
The government should not content itself with the recent rise of UP in international university rankings (e.g., Quacquarelli Symonds World University Rankings, Webometrics Ranking of World Universities). With stiff competition especially from institutions of higher learning from the Asia-Pacific region, UP still has a long way to go to catch up with the best in the region.

In searching for new sources of funding for UP and the education sector at-large, we suggest that the House of Representatives must carefully scrutinize and reduce discretionary spending, rechannel debt-servicing allocation to education, and legislate measures that will increase the tax effort of the government.

Finally, we re-echo the call of our national partner, the Youth Against Debt (YAD) Coalition, in legislating a bill that will automatically appropriate at least 6% of the Gross National Product (GNP) to the whole education sector. The proposed 2012 education budget, amid the increase, only amounts to 2.5% of our 2010 GNP – less than half and a far cry from our ideal budget. The 6%-of-GNP standard, first proposed in 1996 by the International Commission of Education in the Twenty First Century (headed by Jacques Delors), is considered as the UNESCO international benchmark for education and is already accepted by over a hundred countries. In following this international standard, the basic, higher and technical education sectors are now assured of the priority it deserves from the State without causing ill and irreparable effects to the quality and accessibility of education our people receives. In addition, this standard is in sync with a clear Constitutional provision that “assigns the highest budgetary priority to education” (1987 Constitution: Art. XIV, Sec. 5).

As UP, CHED, DepEd and other agencies prepare its respective budget presentations to the House Committee on Appropriations, UP ALYANSA will continue to engage our lawmakers (in both chambers of Congress) and the Aquino administration in the call of every Iskolar Para Sa Bayan for a higher budgetary allocation for UP and the whole education sector.

We, in UP ALYANSA, believe in the transformative benefits of education for our country. We maintain that unless the government increases the budget of its national university and invests more on the education sector, we will find it nearly impossible to attain quality, relevant and accessible education, lift ourselves from poverty, and uplift the lives of our countrymen.


INCREASE THE UP BUDGET, INVEST IN EDUCATION.



REFERENCES:

1987 Philippine Constitution
2008 University of the Philippines Charter
2010 National Account, National Statistics Office
2011 General Appropriations Act
2012 National Expenditure Program

Freedom from Debt Coalition and Youth Against Debt Coalition (2008). “The Neglected Generation”.http://fdc.ph/index.php?option=com_docman&task=doc_download&gid=59&&Itemid=89 (Retrieved: July 31, 2011).

Office of the Hon. Ma. Kristina Conti (2011). “Updates from the Student Regent: On the budget campaign”. http://www.facebook.com/notes/krissy-conti/updates-from-the-student-regent-on-the-budget-campaign/10150247703715069 (Accessed: July 31, 2011).

BUDGET WATCH UPDATE: ALYANSA’s budget campaign reaches the House of Representatives

August 3 (Wednesday): We gave out copies of our three-page position paper to 47 district and partylist representatives in the Lower House. Dialogues with some of these congressmen/women will commence very soon.

August 4 (Thursday): UP ALYANSA Vice Chairperson for Education and Research Aides Baccay and Buklod CSSP Circle of Individuals Rep. Migs Angeles witnessed the budget hearings for CHED and SUCs (including UP) at the Andaya Hall, House of Representatives.

That same day, we were also able to personally hand out UP ALYANSA's and Buklod CSSP's position papers to UP President Alfredo Pascual and UPD Chancellor Caesar Saloma. They both agreed to have a dialogue with us regarding the UP budget and other student issues.

Iskolar Para Sa Bayan, kasama ka sa BUDGET WATCH. MAKILAM at MAKIBAHAGI.


IN THE PHOTO: UP President Alfredo Pascual and CHED Chairperson Patricia Licuanan at the CHED and SUCs budget hearing, Andaya Hall, House of Representatives. (Photo credit: Aides Baccay)

Links to President Noynoy Aquino's 2011 State of the Nation Address (SONA)

Original speech, in Filipino: http://www.gov.ph/2011/07/25/benigno-s-aquino-iii-second-state-of-the-nation-address-july-25-2011/

English translation: http://www.gov.ph/2011/07/25/benigno-s-aquino-iii-second-state-of-the-nation-address-july-25-2011-en/

Technical Report: http://www.gov.ph/2011/07/25/the-2011-state-of-the-nation-address-technical-report/

2011 Youth Statement on the State of the Nation

(Given at Manila, July 22, 2011)


A year has passed since President Benigno Simeon Aquino III delivered his State of the Nation Address. His first year in office shed light on the tremendous corruption that was institutionalized in the government by the previous administration. We waited patiently as the President introduced reform measures to address corruption, poverty, health, and a host of other concerns that seemed to have been neglected and worsened by the previous administration. Government effort in addressing these concerns slowly but surely restored trust and hope in government.

It is no surprise that the youth today feel that we must speak up about our issues now that the mechanisms for addressing our concerns have been strengthened.

The State of the Nation for the Filipino Youth is one filled with both trepidation and hope. There is trepidation because the opposition to reform efforts is very strong. But we also know there is hope now that we can see crucial youth reform measures can be realized under this administration.

Security of Employment

Now is the time to raise the collective voice of the youth in fighting not only for jobs, but security of tenure in those jobs.

Contractualization is a major factor to the serious employment problem. The youth have nothing to gain from such an oppressive and failed job policy that has ensured that our workers have little protection from corporate greed. Current labor laws are inadequate in ensuring the rights of workers are protected by the pernicious effects of contractualization.

A study in 2000 by a leading international research NGO showed that the “combined share of casual, contractual and part-time workers in total enterprise-based employment” had increased from 14 to 15 percent in 1990-94 to 18.1 percent in 1995 and to 21.1 percent in 1997, which meant that for every five workers at least one was a non-regular worker.

Another local research has even claimed that between 1995 and 2005, contractual labor in the Philippines has “soared from 65 percent to as much as 78 percent of the country’s employed labor force.”

The youth is challenging the Aquino government to generate secure jobs for all, especially for the working youth, and for jobs wherein workers are justly remunerated and their rights are fully respected. We are also calling for the passage of the Security of Tenure bill, HB 4853, which has been lingering in Congress for more than a decade now. This legislation, if passed, will be the biggest response of the President Aquino government in addressing the working youth’s concerns

Education

In 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights which recognized the universal right to education. We believe that education is a right that must remain accessible to all Filipinos regardless of race, religion, gender, and social class.

While the government has made attempts to solve this problem, it has yet to address the issue of educational accessibility. A K-12 system does not mean more poor youths will have access to education.

The solution is larger government investment in education. With the current administration spending only 2.44% of the GNP, less than the 6% international standard, it comes as no surprise that education in the country remains as dismal as ever.

Access, however, must go in tandem with quality. We believe that students learn more in academic environments that respect their rights. The Students Rights and Welfare (STRAW) bill will allow students to demand more from their teachers and administrators. It will also ensure that school administrations respect the autonomy of its students.

Healthcare and RH Bill

We believe that a comprehensive reproductive health policy is crucial to the welfare of the youth. Age-appropriate and gender sensitive sex education is integral to the intellectual and moral growth of young people.

It is imperative that RH information and services be made available and accessible to those who needed it most: young people, who are most prone to sexual illnesses and unwanted pregnancies.

We support the Reproductive Health Bill. It is a law that will allow the state to uphold women’s rights and the health of its citizens, regardless of which faith they subscribe to.

These three measures are the most urgent legislative actions that can address the needs of the Filipino youth today. We therefore urge President Aquino to fast track their passage.

We agree that the road to reform is a rough and rugged road. However, it is a road that we Filipino youth will wholeheartedly tread. The straight path, the “tuwid na daan” which our hero Jose Rizal walked was never easy. But we must remember that at the end of every road is the destination. For the likes of Rizal it was freedom from tyranny and ignorance. For the youth, it is the freedom from economic disempowerment, from deprivation of right to health, and the right to meaningful education.

There are five years left for our President to accomplish these and other reforms. They may seem insurmountable but with the youth backing a comprehensive reform agenda, we will succeed.


Signed:
MABUTING PILIPINO YOUTH MOVEMENT*

* UP ALYANSA is a convener of the Mabuting Pilipino Youth Movement

Void or Valid? The legal acrobatics of the Supreme Court decision in Hacienda Luisita

by Rep. Kaka Bag-ao
AKBAYAN Party-list


Decision or Confusion?

In its decision dated July 5, 2011, the Supreme Court affirmed the resolution of the Presidential Agrarian Reform Council (PARC) revoking the Stock Distribution Plan (SDP) of the Hacienda Luisita Inc. (HLI). At first blush, it may seem that the decision is a victory for the farmers. However, a close reading of the lengthy decision will show that it leaves much to be desired.

To be fair, the decision did have some positive aspects. It made an assertion that the revocation of the SDP is not an intra-corporate dispute and that the SDOA is a special contract imbued with public interest and is primarily governed by the provisions of RA 6657.

The SC also agreed with the findings of the PARC that HLI did not fully comply with the distribution of homelots to the farmworker-beneficiaries (FWBs), that the use of “man-days” formula in the distribution of stocks effectively diluted the shares of the qualified FWBs in the corporation and that the provision of the SDP which called for a 30-year timeframe for the distribution of the stocks was violative of the mandated 3-month period to complete the transfer process of shares.

However, the good news all ended there. These favorable declarations seemed very insignificant compared to the alarming statements plaguing the decision. Out of the six (6) grounds cited by PARC, three of the grounds were actually overturned by the Supreme Court. What is even more disconcerting is that the discussions on the three grounds involve interpretations of the law which may be applied to the disadvantage of existing SDPs.

First, the decision disagreed with PARC’s argument that the SDP was void because it failed to enhance the dignity and improve the quality of the lives of the FWBs. It The SC decision stipulated that the law did not guarantee the enhancement of the dignity and improvement of the quality of lives of the FWBs, but merely provided them with an “opportunity” to enhance and improve their lives. Thus, it was not the legal obligation of the HLI under the SDP, nor an imperative imposition of the CARP or DAO 10. As with any business venture, a corporation, such as HLI, cannot guarantee a profitable run all the time.

Proceeding with this view of the SC, SDPs, in general, are not expected to uplift the status of our farmers. While the other farmers who have been granted their own lands under compulsory acquisition are already enjoying the benefits of tilling their own lands, their counterparts who have become subjects to the stock distribution option, such as the FWBs of HLI, are placed at the mercy of the corporate gods. If the corporation proved to be unprofitable, the FWBs are forced to accept their fate. In local parlance, “sorry na lang sila.” This is the picture that the decision conveys. Despite the fact that HLI is far from profitable, having admitted to be deep in debts, the SC still gave the FWBs the worthless option of staying as a stockholder of an ailing corporation contrary to the dictates of social legislation. Pursuant to its fundamental role as defender of the oppressed, it should have intervened and decided in favor of land distribution because it is clearly the better alternative for the FWBs. It cannot wash its hands by saying that the FWBs took the risk when they opted for stock distribution. If the stock option failed to achieve the fundamental objective of agrarian reform, the distribution of the lands to the FWBs becomes imperative.

Second, the decision disagreed with the pronouncement of PARC that the conversion of the lands violated the SDP. As a justification, it maintained that it is not the agricultural land which the law mandates to remain intact but the viability of the corporate operations. If we subscribe by the logic of the decision, HLI can just dispose the agricultural lands and merely claim that it is necessary for the viability of the corporation. It will result to the fragmentation of ownership and will serve to deprive the FWBs of their livelihood and a portion of their share of the land. This is contrary to the very heart of agrarian reform which is the ownership by the farmers of the land they till. Clearly, the physical integrity of the farmlands must remain inviolable.

Third, the decision overturned the pronouncement of PARC that the 2-year period under the law does not pertain to the implementation of the SDP or the distribution of the stocks but applies to the approval of or application for the stock distribution option. However, in its discussion on the period of implementation, it held that the corporate landowner is compelled to complete, not merely initiate, the transfer process of shares within a three (3) month timeframe. Now, which is which? Apparently, even the Court is confused.


Stock Distribution Option : Constitutional or Unconstitutional?

One of the biggest confusions created by the decision concerns the issue of the constitutionality of the mechanism of stock distribution.

The decision stated that the constitutionality issue was rendered moot by the passage of RA 9700 (CARPER) in 2009. Not only was the issue moot, the SC likewise held that it was not the lis mota of the case, which means that its resolution is not critical and that the tribunal can still rule upon the case using other grounds. However, despite these clear pronouncements, the Supreme Court treaded dangerous grounds by discussing and impliedly ruling in favor of constitutionality. This may have an undesirable impact on the other 14 SDOs, 12 of which have been petitioned for revocation, existing throughout the country.

The Supreme Court impliedly upheld the constitutionality of the stock distribution option by stating that it falls within the ambit of the second mode of land distribution which is collective ownership. In the decision, the SC interpreted the words “collective ownership” to mean as “sama-samang paggawa sa isang lupain o isang bukid”, an example of which is the HLI SDP.

In a stock distribution option, farmers are given shares of stocks in corporations instead of lands. In the case of the HLI, the corporation owns the land and the FWBs were given stocks amounting to just 33% of the total number of shares. As mere minor stockholders, the FWBs have no ownership or control over the land and may even be deprived of it by the simple expedient of conversion and sale of the lands by the corporation. Through this mechanism, the FWBs of HLI will never become the owners of the lands. Yes, they may have stocks, but they are still landless. For years, they will be tilling and remain slaves to lands belonging to corporate landowners. Worse, the corporation may even dispose of the majority of the lands under the guise of “sustaining corporate viability” leaving the FWBs with no land at all. Emphatically, the freedom from bondage to the soil envisioned by the true land reform will never be realized.

The words of Justice Mendoza in his dissenting opinion are instructive:

“In a genuine land reform, the qualified FWBs should be given, directly or collectively, ownership of the land they till with all legal rights and entitlement, subject only to the limitations under the law, like the retention limits, expropriation and payment of just compensation. Under a collective ownership, if they are not in control of the cooperative or association, it cannot be considered a compliance with the law.”

Clearly, if the Supreme Court intended to uphold the tenets of true agrarian reform, it should have ruled against the constitutionality of Section 31.


Is the Stock Distribution Option Agreement valid?

It bears emphasis that the nullification of the SDP by PARC was affirmed by the SC. The obvious and necessary consequence of the nullification is that the SDP no longer exists.

The Supreme Court, however, took a different view. Under the cloak of the principle called “operative fact”, it justified the continued existence of the SDP after having declared it to be void. This is borne by the directive of the Supreme Court to allow the farmers the option to remain as stockholders of HLI.

This pronouncement of the SC finds no basis in fact and in law and confuses the public.

The “operative fact” doctrine declares that when a law is found to be unconstitutional, its effects prior to its nullification may be respected as a matter of equity and fair play. It must only be applied in cases where there is a vacuum as to the applicability of any law or jurisprudence. In the case of HLI, there is no vacuum created because Section 31 of CARP categorically states that in the event that a stock distribution is not completed, direct land distribution should be resorted to. Thus, when the SC nullified the SDP, the Court should have applied Section 31 and ordered the distribution of the land.

Furthermore, it must be stressed that the application of the doctrine should be demanded only by equity. Is it equitable to allow the farmers to be stockholders of a corporation that is not only deep in debts but is also highly unprofitable? Is it equitable to allow a corporation to perpetuate injustice to the farmers and circumvent the noble purposes of agrarian reform though the conversion and sale of agricultural lands? Is it equitable to deprive the farmers of their lands for more than two decades? Common sense answers otherwise.


The Supreme Court’s directive to conduct a referendum has no basis

After declaring the nullity of the SDP, the Supreme Court nonetheless proceeded to allow the FWBs to choose a legally baseless agreement. In her dissenting opinion, Justice Lourdes Sereno stated that:

“Without any legal basis left to support the SDP after the pronouncement of the complete nullity of the administrative approval thereof, the majority proceeded to allow the farmworker-beneficiaries (FWBs) of Hacienda Luisita the option to choose a completely legally baseless arrangement. It is legally baseless because an SDP and its operating agreement, a Stock Distribution Option Agreement (SDOA), can only be valid with the corresponding PARC approval. There is not a single legal twig on which the order to proceed with the voting option can hang, except the will of this Court’s majority.”

It must be remembered that the nullification was based on the violations of the provisions of the SDP and ensuing injustice to the farmers. Despite this, the SC still allowed them to remain in the same prejudicial set-up. The SC attempted to validate it by transferring the weight to the farmers through referendum. This is nothing short of a coward decision and is an abrogation of the high court’s fundamental role of upholding social justice. As correctly opined by Justice Sereno in her dissent, “to allow the FWBs, the disadvantaged sector sought to be uplifted through agrarian reform, to remain in an illegal arrangement simply because they choose to so remain is completely contrary to the mandatory character of social justice legislation.”

Referendum should not be treated as an actual option. As admitted by the FWBs themselves, their past experiences with elections (approval 1989 SDOA and the 2010 compromise agreement) indicate that there can never be a truthful referendum and that there is no environment of free and informed choice in HLI. Additionally, referendum is not anchored on any law. In fact, the Supreme Court overstepped its authority by encroaching upon the executive functions of the Department of Agrarian Reform (DAR).


The Road Ahead

Since the SDP, which is essentially the same as the SDOA, has already been nullified by the Supreme Court, the logical and only step the government, particularly the DAR, should take is to resort to compulsory acquisition and the ultimate distribution of the lands to the FWBs.

The President and his administration are called to proceed with the coverage of the lands. Since the Temporary Restraining Order has already been lifted, there exists no legal obstacle for the DAR to put the lands under compulsory coverage.

It is time to give the lands to the FWBs. While it may be said that the distribution of the lands may give rise to questions on the economic viability of the small lands, nothing prevents them from pooling their lands and organizing into a cooperative. What is important is that we empower the FWBs by allowing them to decide for themselves, not as slaves to the land, but as proud landowners.

Unless and until there is actual land distribution, there can be no agrarian reform. The Constitution mandates ownership of the land and liberation from bondage to the soil. We should not settle for anything less than that. And not even a confusing decision can stop us.



*** A lawyer by profession, AKBAYAN Rep. Kaka Bag-ao was the Convenor of the Alternative Legal Group, a network of NGOs providing legal support to marginalized communities. She was the legal counsel of the Sumilao farmers.