UP Diliman Students’ Magna Carta

Draft of 2015 approved by the Magna Carta Congress on July 12, 2015

Article I. General Provisions

Section 1. Title. This document shall be called the UP Diliman Students’

Magna Carta.

Section 2. Declaration of Policy. To fully realize the potential of each student

to contribute to the shared vision of building a national university geared
towards research and public service, it is the policy of the UP Diliman
Students’ Magna Carta to define, defend, promote, and enforce students’
rights and welfare. It is recognized that the enforcement of this Document
is indispensable in nurturing a community of scholars that upholds honor
and inspires excellence, which mark and distinguish UP Education.

Section 3. Coverage. This document shall be enforceable against any

member of the UP Community for violation of any student right defined
herein, committed within or outside the premises of the University.

Section 4. Definitions.

a. A student is any individual admitted to and registered in a degree or

non-degree program, or cross-registered in any course of the
University on a regular or part-time basis, including one who is
officially on leave of absence; and who has not yet been separated
from the University through either transfer, graduation, honorable or
dishonorable dismissal, expulsion, or expiration of the period allowed
for maximum residence.

b. A registered student is any student with a Form 5A approved in

accordance with the rules of their program.

The UP Community shall consist of students, the teaching personnel, the

non-teaching personnel, and anyone under the administrative supervision of
the University.

Article II. Fundamental Rights

Section 1. Every student shall, at all times, be treated with dignity and
respect by all members of the UP community.

Section 2. No student shall be deprived of due process and the speedy

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disposition of his or her case in any tribunal.

Section 3. Every student shall, within the confines of the University, enjoy
the freedom of speech, of expression, and the right to air and seek redress
of grievances.

Section 4. No student shall be discriminated against nor denied admission

based solely on sexual orientation, gender identity and expression, religion,
affiliation, mental or physical abilities, racial and ethnic background, socio-
economic class, political beliefs, and age.

Section 5. Every student shall enjoy the privacy of communication and

correspondence, and the confidentiality of his or her school records.

Section 6. No student right shall be impaired due to financial shortcoming.

Section 7. Every student shall have access to basic necessities such as, but
not limited to, food, water, shelter, transportation, and health services.

Section 8. Every student shall have the right to information about matters
directly affecting their interests and welfare within the University.

They shall be informed of the duly approved rules and policies defining and
governing student conduct and the system of sanctions and consequences
that is in place.

University officials and student government officers shall periodically

present in public reports detailing the state of their respective offices.

Section 9. Every student is entitled to access to his or her school records,

the confidentiality of which the school shall maintain and preserve, and to
the prompt correction thereof, whenever necessary.

Section 10. Every student has the right to be safe and to be free from
actions and omissions that endanger safety.

Section 11. Every student shall have full ownership of the product of his or
her own intellectual property and creations, having regard to the social
function of one’s work.

Article III. Academic Rights

Section 1. Every student has the right to receive competent instruction, and
relevant and quality education.

Section 2. Every student has the right to access the course syllabus before
enrollment. He or she shall be formally informed in writing of the academic

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standards that will be applied in any course for which they are enrolled.

The University shall also provide complete and comprehensive university,

college, and program orientations.

Section 3. Every student has the right to an academic adviser.

Section 4. Every student has the right to access the course syllabus before
enrollment. He or she shall be formally informed in writing of the academic
standards that will be applied in any course for which they are enrolled.

Within the first week of the semester, the instructor shall provide students
with the full course description, the learning objectives, the course
requirements, the grading system, deadlines and academic consequences,
and acceptable make-up sessions.

Section 5. Every student shall have the right to enroll in a course required
in the curriculum. The University shall take steps to account for and assure
that the demand for subjects is met.

Section 6. Every student has the right to remain enlisted in a class provided
he or she has been validated for the semester. If there be cause justifying
the student's removal from the class list, he or she shall be consulted.

Section 7. The University shall ensure that classes are conducted within
school hours and as scheduled during the semester.

Section 8. Every student shall be able to leave classroom premises without

academic repercussions if the instructor has not arrived after 1/3 of the
class time has elapsed, provided, that the professor failed to inform the
class of his late arrival.

Instructors shall provide tangible and appropriate instructions to the

students whenever the former will be absent.

Section 9. Every student shall have the right to know the specific coverage
for an exam.

The result of the exam and any other academic requirement shall be
released within a reasonable time, provided that the deadline for dropping
or for grade submission is met as the case may be.

Every student shall have the right to fair, transparent, and objective
evaluation and reevaluation of his or her academic performance as well as
access to his or her class standing and grades breakdown at any time.

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Section 10. The instructor shall not prejudice any student for any absence
based on a valid excuse.

No student shall be dropped from the subject, unless the number of hours
lost by absence reaches 20% of the hours of recitation, lecture, laboratory,
or any other scheduled work for the subject, provided, that an instructor
may prescribe a longer attendance requirement to meet special needs.

Section 11. Every student shall be entitled to regular consultation hours

during which instructors shall be available.

Section 12. Every student shall be given the opportunity, without fear of
reprisal, to evaluate faculty performance and course delivery, the
curriculum, and the course syllabus.

Section 13. A student’s academic freedom shall consist of, but shall not be
limited to, the following rights:
a. To choose a field of study from among existing curricula, given the
specific conditions and requirements for acceptance in a certain field.
b. To conduct research and to freely discuss and publish their findings
and recommendations as long as they present them as their own.
c. To be afforded due process, as provided for in existing rules governing
students, faculty, and staff, for the redress of academic-related
grievances.

Section 14. Every student shall have the right to continue their course
therein up to graduation, except in cases of academic deficiency or violation
of disciplinary rules.

Every student shall be personally informed of any matter or circumstance

directly affecting his or her academic status.

Article IV. Right to Adequate, Accessible, and Safe Facilities and Services

Section 1. The University shall provide and maintain operation of adequate,

accessible, and safe campus facilities, spaces, and services such as:
a. academic facilities
b. housing facilities and services
c. health and medical facilities and services
d. sports facilities
e. facilities for extra-curricular activities
f. student centers and organization spaces
g. spaces for free exercise of religious beliefs
h. food facilities and services
i. waste management facilities

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Section 2. The University shall endeavor to provide for the use of these
campus facilities, spaces, and services free of charge.

Article V. Right to Representation

Section 1. Students shall have the right to establish and run structures of
self-governance, mechanisms for advocacy, and systems of decision-making.
To this end, the University shall support and facilitate the creation and
operation of student councils and student publications.

Section 2. Students shall have the right to represent themselves in decision-

making, policy-making, and adjudicatory bodies as well as to participate in
or influence the governance of the University.

They shall have the right to examine existing school policies, initiate
appropriate amendments and appeal decisions of policy-making bodies .
This shall also apply to college-level decisions or any sub-unit of the college.

Section 3. Beyond student representation in different committees, students

shall have the right to be consulted before any school rule affecting them is
approved and implemented.

Consultations shall be in the form of focus group discussions and student

assemblies. Reasonable time shall be given for students to decide on the
matter. No vote in an assembly shall be valid unless there is attendance of
at least a simple majority of the students in the college or unit.

Section 4. The students shall have the right to be consulted, as provided in

the preceding section, on any proposed increase or creation of school fees
and apprised of their respective justification. There shall be systemic
dissemination of adequate information regarding tuition and school fees.

The Board of Regents shall act on a proposal to adjust school fees only after
sufficient and proper consultation with the students prior to the academic
year when the increase or creation of school fees is to take effect. A school
fee approved in the first semester shall take effect in the first semester of
the next academic year. A school fee approved in the second semester shall
take effect in the second semester of the next academic year.

Any necessary adjustments and objections shall be discussed in consultative

meetings which shall be properly documented and circulated. In justifying
any proposed tuition increase or creation of school fees before the Board of
Regents, the School Administration shall be required to present the
pertinent financial statements for the last five (5) years immediately
preceding the proposal for such increase or creation of school fees. These

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financial statements must include, but shall not be limited to, the proposed
budget, the fund allocated by the government and the self-generated funds,
and the breakdown of the expenses of the college or unit involved.

Section 5. No involuntary contributions shall be exacted from students

except those approved by their own organizations or student governments.

Section 6. Students shall have the right to establish student publications

consistent with existing statutes on campus journalism. All publications
produced by students shall be self regulated. School authorities shall not
unduly sanction members of campus press and media.

Section 7. Students shall have the right to initiate the formulation,

modification and rejection of a school policy affecting students by making
proper representation to official bodies.

A student initiative that succeeds in securing the support of at least 10% of

the student population, in the university-level, college level, or unit-level, as
the case may be, may compel the concerned administration to deliberate on
the school policy at issue . At least two (2) representatives from the
concerned initiative shall be allowed to participate in the deliberations.

A student initiative may furthermore directly enact, modify, or reject a

school policy; provided, that a signed petition of at least 20% of the student
population of the university or college level, as the case may be, is
submitted to the OVCSA; provided, further, that the petition shall be
subjected to a student referendum. The referendum shall be officially
conducted by a body specifically appointed by the OVCSA upon the
expiration of a 60-day period, which shall begin 10 working days from
submission of documents showing compliance with the formal requirements
to the OVCSA.

Section 8. Student leaders, including members of the school publication,

shall be assured of security of tenure in their positions for the duration of
their term, unless removed due to academic cases, disciplinary cases,
impeachment, resignation, or death.

Article VI. Right to Organization

Section 1. Students shall have the right to form, assist, join, and participate
in organizations, fraternities, sororities, societies, formations, and alliances
in the University, in the pursuit of common purpose, principles, interests,
and other lawful goals.

The University shall recognize the choice of the student as to which

organization to join and when he or she decides to join.

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Section 2. Student groups shall have the right to be recognized, subject to
reasonable standards as determined by the appropriate offices concerning
student affairs. Prior to any modification of standards on recognition of
organizations, amendments shall be consulted with the student groups
affected. Any amendments thereto shall take effect in the succeeding
academic year. The administration shall engage student organizations in
policies relating to their organizational rights.

Non-recognition shall not in any way, deprive student groups of the exercise
of their rights which are necessary for their organization. The school
administration shall provide assistance to comply with the recognition
process.

Section 3. Student organizations shall enjoy autonomy in the determination

of their objectives, formation of their leadership and organizational
structures, admission of their members, utilization of their resources and
the overall conduct of their affairs. This right shall be in accordance with
the reasonable parameters set by the university.

The student groups shall have the right to choose their organization
moderators. These moderators act only in an advisory capacity and shall not
exercise any power of supervision or control, except as otherwise required
by law.

Section 4. The school administration shall have the duty to designate spaces
which are conducive for the exercise of the rights of student organizations.
It shall be the responsibility of the student organizations to manage these
spaces in accordance with reasonable guidelines for its use.

Section 5. Students shall have the right to peaceably assemble. Their right
to collectively unite or congregate for the furtherance of their lawful
interests shall not be curtailed.

Article VII. Right to Security

Section 1. Every student shall enjoy security of his or her person and
property. He or she shall be free from physical and psychological harm, and
all forms of harassment.

Section 2. An officer who shall enforce security and safety protocols and
address student grievances specific to these matters shall be designated in
every college.

Section 3. Every student in the University shall be free from all forms of
unreasonable searches and seizures as provided by law.

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Section 4. No military detachment or external police force shall be installed
or maintained in the University campus, except in the case of national or
local emergencies, such as war, natural calamities, or if the prevailing
situation so requires.

Article VIII. Rights of Students in Disciplinary Proceedings

Section 1. University policies or regulations, especially those that are penal

or analogous in nature, shall only be enforced prospectively.

Section 2. No administrative case shall be initiated against a student except

upon finding of probable cause. Probable cause is the existence of such
facts and circumstances that would lead a reasonably discreet and prudent
person to believe that the act of misconduct was committed and that the
student sought to be investigated was involved in its commission.

Section 3. A respondent is any student who may be charged

administratively for violations of rules on student conduct. Each respondent
shall enjoy the following rights:
a. To the integrity of the administrative procedure;
b. To notice of the charges against him or her;
c. To be heard only on evidence introduced at the proceedings of which
the respondent has been properly apprised;
d. To defend oneself personally or, in the case of minors, through one’s
parents or guardians;
e. To be assisted by counsel of one’s choice, if so desired;
f. To a speedy and judicious resolution of the case;
g. To a decision supported by substantial evidence;
h. To request as corrective measure community service, in cases so
allowed, which may only be granted by the disciplinary body
concerned;
i. To appeal a decision in accordance with this Magna Carta, the
Student Code, and/or the UP Charter;
j. To confidentiality of proceedings, documents, and records.

Section 4. Subject to existing University rules, any administrative case shall

be initiated within one (1) year from the commission or discovery of the
offense, whichever is later. Otherwise, the action shall prescribe.

Article IX. Enforcement

Section 1. Complaint or Petition for enforcement. A complaint may be filed

by any student or group of students invoking the Magna Carta when there is
a prima facie finding of a violation thereof by a member of the UP

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Community.

A petition for enforcement may be filed by any student or group of students

who wish to invoke particular provisions of the Magna Carta, there being no
palpable violation thereof by any member of the UP Community.

Section 2. Magna Carta Tribunal. A Magna Carta Tribunal shall receive

complaints and petitions for enforcement. The tribunal shall be composed of
the Vice-Chancellor for Student Affairs, who shall be an ex officio member, a
representative from the University Student Council, a representative from
the Law Student Government, a representative from the student body
nominated by the USC, a representative from the teaching personnel, and a
representative from the non-teaching personnel.

Section 3. Complaint; how commenced. A complaint or incident report in

writing shall be submitted to the Office of the Vice Chancellor of Student
Affairs. It shall contain the acts committed, the specific provision of the
Magna Carta violated, and the identity of the defendant. Other pieces of
evidence supporting the allegations shall be attached to complaint or
incident report.

Section 4. Response. Within five (5) calendar days from receipt of notice of
the complaint filed against him or her, the defendant shall submit a
response in writing, serving a copy to the complainant.

Section 5. Finding of the Magna Carta Tribunal. Upon the finding of a prima
facie violation, the Tribunal shall recommend that the Chancellor issue a
formal charge against the respondent/s. Otherwise, the complaint shall be
dismissed. In all cases, the Tribunal shall submit its report to the Chancellor
or dismiss the complaint within five (5) days from the date it is convened.

Section 6. Hearing Committee; when constituted; composition. Upon

recommendation of the Magna Carta Tribunal to the Chancellor that a
formal charge should be issued, the Chancellor shall constitute a committee
for the purpose of hearing the case. There shall be, at least, one member
each from the student body, the teaching personnel, and the non-teaching
personnel.

The members of the hearing committee shall be obtained from a pool of

nominees submitted by the members of the Magna Carta Tribunal upon its
constitution. They shall be formally appointed by the Office of Chancellor.
Failure of a hearing committee member to attend to his or her duties shall
warrant disciplinary action as determined by the internal rules of the
Tribunal.

Section 7. Proceedings and prohibited actions. The Hearing Committee shall

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not be bound by technical rules of evidence and all proceedings shall be
summary in nature. The parties and their witnesses, if any, shall submit
affidavits subject to clarificatory questions by the hearing committee. The
following requests shall be prohibited:
a. extension of time to file an answer;
b. dismissal of the complaint;
c. re-opening of a case;
d. bill of particulars;
e. demurrer to evidence;
f. postponements/cancellation of hearings;
g. reply/rejoinder;
h. intervention; and
i. new proceedings on the same case.

The hearings and all other meetings of the Hearing Committee shall
proceed when a majority of the members are present.

Section 8. Summons. Summons shall be issued to the respondent within

seven (7) days from constitution of the hearing committee with a copy of the
formal complaint attached. Summons shall be served personally, or through
the head of the unit or department in which the respondent is enrolled or
employed.

Section 9. Answer. An answer in writing shall be submitted by the

respondent within seven (7) days from receipt of summons. A copy of the
answer shall be furnished the private complainant. Failure of the
respondent to submit his or her answer within the period provided shall be
deemed a waiver of such right.

Section 10. Preliminary meeting. A preliminary meeting shall be set no later

than seven (7) days from receipt by the hearing committee of the answer or
after the expiration of the period provided. The failure of the University
and/or the private complainant to appear shall be cause for the dismissal of
the case. The failure of the respondent to appear shall be deemed a waiver
of his or her rights in the preliminary meeting. The preliminary meeting
shall be mandatory.

Section 11. Submission of Position Papers. Within seven (7) days from the
preliminary meeting, all parties shall simultaneously file their respective
position papers, attaching all pertinent affidavits, and relevant records.

Section 12. Clarificatory Hearing. The Hearing Committee may conduct

clarificatory hearings within ten (10) days from the submission of position
papers. The conduct of hearings shall be terminated within (15) days from
the first scheduled clarificatory hearing. If there is no necessity to conduct a
hearing, the case shall be resolved within (10) working days from the

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receipt of the position papers.

Section 13. Decision by the Office of the Chancellor. Within fifteen (15) days
from receipt of the report, the Chancellor shall render his decision which
shall be final and executory ten (10) days after the parties receive a copy
thereof. No motion for the reconsideration of the decision of the Chancellor
shall be allowed.

Section 14. Appeal to the Office of the UP President. The decision of the
Chancellor may be appealed to the Office of the UP President within seven
(7) days from receipt of the appealing party of a copy of the decision. In
case the penalty imposed is expulsion or dismissal, the appeal shall be
automatic. No motion for the reconsideration of the decision of the UP
President shall be allowed.

Section 15. Appeal to the Board of Regents. The decision of the UP

President may be appealed to the Board of Regents within seven (7) days
from receipt of the appealing party of a copy of the decision. A motion for
reconsideration may be filed within seven (7) days from receipt of the
decision of the Board. No subsequent motion for reconsideration shall be
allowed.

Section 16. Petition for Enforcement; how commenced; contents of petition.

A petition for enforcement shall be submitted to the Office of the Vice
Chancellor for Student Affairs. The petition shall state the particular
provision of the Magna Carta invoked and the positive duty specifically
enjoined resulting from a student right, alleging the facts with certainty,
and praying for the consideration of the Magna Carta Tribunal.

Section 17. Action on Petition for Enforcement. Upon consideration of the

petition, the Magna Carta Tribunal shall submit a report and
recommendation to the Office of the Chancellor, who shall act upon the
petition within fifteen (15) days. The decision may be appealed in
accordance with the procedures laid down for resolving complaints under
this Article.

Section 18. Penalties for Violation. Any person who shall wilfully restrain,
coerce, or interfere with any student in the exercise of rights guaranteed by
this Document, or shall in any manner commit acts or omissions to defeat
any of the provisions of the same shall, upon a finding of guilt by the
Chancellor on the basis of substantial evidence, be punished in accordance
with existing administrative sanctions.

Filing a complaint under this Document shall not preclude the offended
party from pursuing other remedies available under the law and its
implementing rules and regulations, and from invoking any of the provisions

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of existing laws.

Article X. Final Provisions

Section 1. The Magna Carta shall be construed in favor of the students. Its
provisions shall be self-executing.

Section 2. If any provision of this act is declared invalid, the remainder

thereof shall subsist.

Section 3. The provisions of this Magna Carta shall take effect in the regular
semester after its approval.

Section 4. The Magna Carta may be amended four (4) school years after the
semester in which it has taken effect, unless justifiable causes warrant
amending it outside the prescribed timeframe. Any sector of the University
of the Philippines Diliman, through its official representatives, may propose
amendments through the University Student Council.

Section 5. The Board of Regents, as the highest policy-making body of the

University, shall be the final interpreter of the Magna Carta.

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