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1 April 2015

DR. MICHAEL L. TAN


Chancellor
University of the Philippines Diliman
Quezon City 1101

Dear Chancellor:
Subject:

2015 University Student Council General Elections

Greetings!
On March 25, 2015, the University Student Electoral Board released the first official
list of candidates for the 2015 University Student Council General Elections, omitting
the names of Rainier Rivera and Ross Alexis Olalalia for the position of Councilor,
and Christelsen Janz Hernandez for College Representative under our Party. They
have all been disqualified for not satisfying Article III, Section 1(a) of the Revised
University of the Philippines Diliman Student Electoral Code which requires from all
candidates good academic standing as defined by the University of the Philippines
System Code. We, thus, filed an Omnibus Protest on their behalf on March 27.
Acting upon said Protest, the Board released the final list of candidates, including
therein Mr. Olalia. We filed a motion for reconsideration, praying for the reversal of
the Boards decision to dismiss the Protest on the case of Mr. Rivera and Hernandez
on March 30. Granting our request for oral argument, we presented our case before
the Board and a guest from the Diliman Legal Office.
On all occasions, we have argued, among others, the inoperability of said provision
of the Electoral Code as there exists no clear, unambiguous and express definition
of the term good academic standing in the University System Code. The Electoral
Code is instructive that the definition can only be sourced out from the System Code,
and not from any other policy document of the University. Hence, the Board is
precluded from imposing unto our candidates such enforceable requirement as
ground of their disapproval. Our candidates cannot bear the consequences of this
palpable mistake that is not of their own doing, but that of the drafters of the Electoral
Code. Given that the Board did not recognize this when it acted upon our Protest,
we cannot expect that they would do so in our consequent motion.

We cannot accept that the candidacies of Mr. Rivera and Ms. Hernandez are
continuously being held hostage by the USEB, despite the inoperability of Article III,
Section 1(a) of the Electoral Code as there is no clear, unambiguous and express
definition of good academic standing found in the UP System Code. A fact that we
have persistently and exhaustively raised in our Protest and motion for consideration,
but still to no avail.
In fact, the said academic requirement in the Electoral Code is nowhere to be found
in the USC Constitution as it only imposes upon the candidates the qualification of
"one year residency", "normal load", "not having been found guilty in any disciplinary
action of any act involving moral turpitude". This can be found in Article VI, Section
5 of the USC Constitution.
Seeing the ambiguity and incompatibility of the said provision cited for his
disqualification vis--vis the USC Constitution, we may look into the intent of the
Constitution, itself, where we can find that the lack of academic requirement thereof
is an express will by the students of UP Diliman that they see scholastic performance
not as a hindrance in the performance of the duties of their own elected officials,
the USC. That this express will by the students, as enshrined in the USC Constitution,
deserves the respect of the USEB, not as University or academic officials, but as
implementors of such will of the students by way of facilitating for them the elections
of their own officials.
It is well settled in jurisprudence, and as a constitutional principle, that "a statute
may be declared unconstitutional because it is not within the legislative power to
enact; or it creates or establishes methods or forms that infringe constitutional
principles; or its purpose or effect violates the Constitution or its basic principles."
(Tawang Multi-Purpose Cooperative v. La Trinidad Water District, G.R. No. 166471,
March 22, 2011. Italics ours.)
In view thereof, Article III, Section 1(a) of the Electoral Code (a consequent of the
USC's exercise of its legislative power to draft the electoral code as provided for in
Article III, Section 1(f) of the USC Constitution) must necessarily fall for being
repugnant to the Constitution.
Given the urgency of the matter, and as the chief University official whose duty and
power likewise includes student affairs, it is only incumbent upon to bring this matter
to your attention. The Board is scheduled to approve the official ballot on April 6,
Monday, after the Lenten season break. We only have until noon this day to confirm
the candidacy of Mr. Rivera and Ms. Hernandez.

We, thus, pray that the USEB be directed to include in the list the names of Rivera
and Hernandez for having faithfully complied with the requirements set forth in the
USC Constitution. We are more than willing to meet you, on our own convenience,
to discuss such matter.
We are hoping for your positive and prompt response. Thank you.

Respectfully,

PRINCE EDUARD R. RAGASA


Party Representative,
STAND UP
(0917) 830 7274

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