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24 U.P.GAZEITE Vol. XXXII, No.3

d. Allexpenses and costs incurred by the parties in the fulfillment of their obligations under the MOA shall be borne by the party incurring the same. Upon mutual consent, however, the parties canpoolresources and co-share costsincarrying out their respective obligations and other activities related to the project.

e. All research outputs, discoveries and/or inventions/innovations producedby virtue of and pursuant to the Agreement shall be jointly owned by the parties.

Effectivity:Effective for two (2) years from the date of signing by the parties but not later than 28February2003

Date signed:11 May 2001

Memorandum of Agreement with the Provincial Government of Oriental Mindoro, and Mindoro State College of Agriculture and Technology

Memorandum of Agreement entered into byand between U.P.

LosBanos and the Provincial Government of Oriental Mindoro, and Mindoro State College of Agriculture and Technology

Project:Agro-lndustnal Development Program Il-Oriental Mindoro Particulars:

a. The Agre-Industrial Development Program (AIDP) II is a collaborative action program of the Provincial Government of Oriental Mindoro (PGOM), Mindoro State College of Agriculture and Technology (MinSCA1), and the UPLBCollege of Agriculture geared towards agricultural production, processing and enterprise development.

b. The PGOM, among others, shall:

1) Take the lead roleinproviding the overall policies, direction!

guidelines,inidentifying priorities and thrusts for agricultural production, processing and enterprise development of the municipality; and

2) Make available its human resources, equipment and facilities as neededbythe program; and source funding for the projects and activities under the Program;

c. MinSCAT and UPLB, among others, shall:

1) Provide technical staff to assist PGOMin the planning and implementation of the Program;

2) Provide technical expertise needed in the Program such as enterprise development, research backstaffing, organizational development, marketing services, project proposalj feasibility study preparation, data-basing and institutional policy support;

3) Provide financial resources in the implementation of the program, subject to availability of funds: and

4) Assist in the process of documentation of activities undertaken under AIDP.

5) The parties agree to prepare jointly a yearly status report on the project for effective monitoring purposes during the entire duration of the Agreement. The review shall be initiated by the Department of Agricultural Education and Rural Studies (DAERS) of the College of Agriculture.

Effectivity: Effective upon signing by the parties for five (5) years but not later than 31 December 2005

Date signed:10 January 2001

V.P. Manila

Memorandum of Agreement with Saint Jude Colleges (SJC) Memorandum of Agreement entered into by and between U.P.

Manila and Saint Jude Colleges (SJC)

Project:Affiliation and Internship Training Program Affiliilh'on Fee: P200.00 per intern per month Particulars:

a. U.P. Manila, through the Department of Radiology-Philippine General Hospital, shall implement the projectinaccordance with the proposal contained in the MOA.

b. The Department of Radiology-Philippine General Hospital shall provide maximum opportunity for interns to gain experience and traininginalldiagnosis rooms, clinical wards and other facilities of the department as maybe available. The Department shall screen all qualified incoming interns and recommend the approval of their training to the Director of the hospital. The total number of Interns at any given time must not exceed 10.

Effectivity:Shall take effect upon approval and signing by both parties for one year

Date signed:20 July 2001

July - September 2001

V.P. GAZETIE

25

2. On one occasion, Mr. Arias questioned the propriety of conducting such prayers during class hours.

3. Prof. Alcordo replied to Mr. Arias' objection and told the entire class that any student objecting to the conduct of prayer during class may either (a) remain silent or,inthe alternative,(b)opt to step out of the classroom for the duration of such prayers.

4. Mr. Arias, who is a BibleBaptistbya£f:iliation, objects to the conduct of prayers during class hours, as such constitutes a religious activity.

5. Being a public institution funded mainly by public funds, the University is proscribedbythe Constitution (Section 5, Article III) from adopting practices or measures advancing or promoting religion or otherwise committing acts respecting the establishment of religion.

6. Moreover,bygiving Mr.Arias the choice between remaining silent or stepping out of class during the conduct of such prayers, Mr. Arias is being compelled, in effect, to choose between expressing either: (i) agreement with or assent to the message or conduct of such prayer, in case of the former, or(ii) disagreement with or dissent to the message or conduct of such practice, in case of the latter. Such compulsion violates the client's freedom of religion and of expression.

7. Hence, the final demand, as stated above.

8. Refusal or failure of those concerned to act upon this instant demand shall compel the client to pursue all necessary remedies available to protecthisrights and interests.

Atty. Leonen cited a relevant case where the Supreme Court overturned its decision and held that the free exercise of religion is as much as compelling interest as nationalism and, therefore, allowed the jehove's Witnesses not to salute the flagin all schools, including state universities and colleges. This, according to Atty. Leonen, clearly shows that the Supreme Court is moving towards an era whereit grants a lot of leeway to freedom of religion.

On this case at hand, Atty. Leonen sees no compelling interest in having the students pray during the class, except that Prof. Alcordo might have the view that it is also important to inculcate in her students the values of prayer.

Atty. Leonen gave the following opinion!comments from different perspectives:

1. Ifit makes a student uncomfortable, the University can take the position that it infringes upon the free exercise of religion of the student. After all, the subject is law, not religion or theology.

2. As part of academic freedom however, the professor has a lot of leeway in terms of how to conduct her classes but notifit infringes upon the boundaries provided by the Constitution.

Prof. Alcordo can invoke the power of God before she enters the classroom but when she compels prayer inside the classroom, the Board has to take a position on whether that falls within the concept of academic freedom.

3. From the point of view of V.P. as an institution, it is likewise the academic freedom of the University to state where the freedom of the teacher ends and whereithas to comply with the provisions of the Constitution.

The College of Law faculty has not taken any position yet on this matter.

Regent Hernandez informed the Board that there have been many cases, especially in the United States, prohibiting the compulsion of students to pray in the classroom because thatwillresult in choosing a religion or may infringe on their freedom of belief to have or not to have a religion, or to pray.

Regent Hernandez also said that he agrees totally with the protest of Atty. Arias.Itis very demeaning for a non-Catholic student just to keep quiet or to go out of the room when prayers are being said before the class.

Regent Bugayong shared the opinions expressed by the two lawyers.

Regent Abayon also believed that the complaint is valid, citing a provision of the Constitution that no law shall be passed abridging the freedom of religion. Compelling a student to pray would be violative of the provision of the Constitution. He also said that going by the present trend of the rulings and doctrines of the Supreme Court, the Supreme Court has always enunciated doctrinesin favor of the freedom of religion earlier statedbyAtty. Leonen concerning the Iehova's Witnesses' case.

President Nemenzo also expressed reluctance in relating academic freedom in this case because he was worried about the abuse of the concept of academic freedom. lt is now even used to justify absenteeism in class and can be used to justify anything that the professor wants to do in class.

President Nemenzo also recalled how sensitive the University was in the 1950's about the intrusion of religion in U.P. affairs. The constituents have always stood for the secular and non-sectarian traditions of the University. The President fully agrees with the comments made by Regent Abayon and Regent Hernandez. He suggested, therefore, that the professor should be told and reminded of these secular and non-sectarian traditions ofV.P.

Board action: The Board requested the President to relay the discussions of the Board on this issue to Professor Alcordo.

Letter dated 20 August 2001 of Feliciano M. Gacis,[r.,Undersecretary of the Department of National Defense (OND) to President Francisco Nemenzo soliciting his views on the ROTC program

In his letter of August 20, 2001, Undersecretary Feliciano M.

Ceos. Jr. pointed out that while the Department of National Defense through the Armed Forces of the Philippines has already instituted measures to correct the deficiencies in the administration of the ROTC Program, the agitation has not gone away. It has taken the form of outright disobedience on the part of many ROTC cadets tobeabsent from training. The fundamental issue remains to be addressed: What 10do with the ROTC?

The public ventilation of this issue has evolved into what appears to be three options: retain ROTC in its present form or as may be modified; make it optional; abolish it. Pros and cons on these three options have been aired. On its part, the DND-AFP had conducted consultations among the stakeholders, highlighted by its consultation- workshop last July 19 at the National Defense College of the Philippines.

One of the agreements reached in that consultation workshop was to continue the study on what to do with the ROTC.

President Nemenzo recalled that there were previous campaigns to abolish the ROTC. These were revived because of the tragic death of ROTC Cadet Mark Chua. This incident prompted the presidents of several universities to come up with a resolution calling for the abolition of the ROTC. The AFP, specifically the Commanding General of the Philippine Army, has approached the University on this matter.

Their position is that the military will not campaign against the abolition of ROTC or against the repeal of Commonwealth Act No.1. At present, students are given the option to render Military Training, Civic Welfare Service or Law Enforcement Service.

The Chair clarified that for the first year,itis Military Training. In the second year, the students have the option to choose whether to continue withMilitaryTraining or go into Civic Welfare Service or Law Enforcement. These are actually part of the Expanded ROTC Program.

The University General Counsel mentioned some fundamental constitutional issues involved in this matter. The first is thet the discussions in the Constitutional Commission were very clear. The option given was to render personal, military or civil service and not civic service. Uris means service within any branch of the government.

The second point pertains to Section 14 of RA 7fJ77 which provides that

"All male citizens between the ages of 18 and 25 years who are not reservists shallberequired to register for military instruction." This provision, according to Atty. Leonen, is discriminatory against men

26 U.P:GAZEITE Vol. XXXII, No.3

and violative of several provisions of the Constitution. Section 15 of the same Republic Acl may also be challenged on the ground thai it isagainst the freedom of expressionThisparticularsectionenumerates those who are exempted frommilitary training. The list does not include conscientious objectors, Le. people who are of thefirmbelief that they are against violence or war as an instrument of national policy. The Constitution states that war is never a national policy unlessit is declared by Congress.

The Chair also informed theBoardthat the House is likely to take the position of making the ROTC optional which, she said, the University should support.

The President said that he was always opposed to compulsory courses that are not related to the student's chosen discipline and this also reflectshisstand on the ROTC program. He is for making ROTC optional.

Board action: The Board adopted the President'5 position that the ROTC Program be made optional.

The Board noted the following:

Letter advisory of BeatrizL.Sanga, Committee Secretary of the Committee on Higher and Technical Education .

Letter advisory of Bealriz L.Sanga, CommitteeSecretaryof the Committee on Higher and Technical Education of the House of Representatives, dated 7 August 2001 regarding the election during the plenary session last 1 August 2001 of Harlin Castillo Abayon, Congressman, First District of Northern Samar, as the new Chair of

the House Committee on Higher and Tedmical Education

Note: Congressman Abll1Jonwilltake tiltp/JIIX ofjorrnuCongress",an Antonio Eduardo B. Nacllllraasex officio member oftire U.P. Board ofRegents.

1154TH MEETING,27SEPTEMBER 2001 APPOINTMENTS

The Board approved the following appointments, reappointments, transfer to permanent status. additional assignments, award of professorial chairs, extension of service and other related matters:

UNIVERSITY OFFIOALS V.P. Los Banos

Desiree M. Hautea, original additional assignment as Director, Institute of Plant Breeding, effective 1 October 2001 until 30 September 2004, or until a new organizational structure of the College is implemented, whichever comes first

FlorentinoC.Monsalud, renewal of additional assignment as Director, Farming Systems and Soil Research Institute, effective 31 July 2001 until 30 July 2004, or until a new organizational set-up for the College of Agriculture, F55RI's mother unit, takes effect, whichever comes first

U.P. Visayas

Romeo D. Fortes, original additional assignment asDean,College of Fisheries and Ocean Sciences, effective 1 October 2001 until 30 September 2004

U.P. Mindanao

Teresita V. Guillen, original additional assignment as Dean, College of Humanities and Social Sciences, effective 27 September 2001 until 26 September 2004

Ricardo Ma. D. Nolasco, original additional assignment as Vice-

Chancellor for Academic Affairs,effective 27 September 2001 to serve at the pleasure of the Chancellor

Eufemio T.Rasco,originaladditionalassignment asDean,College of Science and Mathematics, effectiveZlAugust2001 until 26 August 2004

TRANSFER TO PERMANENT STATUS U.P.Diliman

Flerida A. Carino, Professor 4, College of Science, effective 27 September 2001

Maria F. Mangahas, Assistant Professor 5, College of Social Sciences and Philosophy, effective 27 September 2001

Grace C.Ramos, Assistant Professor 5, College of Architecture, effective 27 September 2001

Arnel A. Salvador, Professor 2, College of Science, effective 27 September 2001

Oscar Yoshihiro S. Santelices, Assistant Professor1,College of Human Kinetics, effective 27 September 2001

Roland V. Sarmago, Professor 1, College of Science, effective 27 September 2001

Marie Redina M. Victoria, Assistant Professor 7, College of . ' Science, effective 27 September 2001

U.P. Los Banos

Rea Victoria P. Anundado, Associate Professor 1, College of Veterinary Medicine, effective 27 September 2001

Inocencio E.Buot, Jr., Associate Professor1,College of Arts and Sciences, effective 27 September 2001

Roselle V. Collado, Assistant Professor3,College of Arts and Sciences, effective 27 September 2001

Liza N. Cornia, Assistant Professor 3, College of Arts and Sciences, effective 27 September 2001

AireenI. Guzman, Assistant Professor 3, College of Arts and Sciences, effective 27 September 2001

Roberto C.Mata, Assistant Professor 3, College of Arts and Sciences, effective 27 September 2001

Roy M. Matining, Assistant Professor 3, College of Arts and

Sciences, effective 27 September 2001 •

[evelyn D. Quiton, Assistant Professor 4, College of Arts and Sciences, effective 27 September 2001

U.P. Manila

Alice 8. Adeva, Assistant Professor 1, College of Arts and Sciences, effective 27 September 2001

Ruth Rhaisa A. Cabailo, Instructor 7, College of Nursing, effective 27 September 2001

Dennis E. Dantic, Assistant Professor 2, College of Arts and Sciences, effective -27 September 2001

Noel R. Juban, Associate Professor 6, College of Medicine, and Attending Family Physician, Philippine General Hospital, effective2i September 2001

Bethel Buena P. Villarta, Assistant Professor 4, College of Nursing, effective 27 September 2001

PROFESSORIAL CHAIRS U.P. Diliman

Marlon Rosendo H. Daze, original appointment as First Phil.

Holdings Associate Professor of Physics, College of Science, effective 1 July 2001 until 30 June 2002

Rowaldo R. Del Mundo, original appointment as Meralco

July - September

2001

U.P.GAZEITE

27

Associate Professor of Electrical and Electronics Engineering, College of Engineering, effective 1 July 2001 until 30 June 2002

Joselito P. Duyanen, original appointment as Pioneer Group of Insurance Co. Assistant Professor of Geology, College of Science, effective 1 July 2001 until 30 June 2002

Sylvia Estrada-Claudio, original appointment as UPFI Associate.

Professor of Social Work, College of Social Work and Community Development, effective 1 July 2001 until 30 June 2002

Emil M. Flores, original appointment as G.E. Assistant Professor of Communication, College ofArts and Letters, effective 1 July 2001 until 30 June 2002

Jose Melchor A. Silvestre, original appointment as Jose &

Asuncion Joya Assistant Professor ofVisualCommunication, College of Pine Arts, effective 1 July 2001 until 30 June 2002

Doracie B. Zoleta-Nantes, original appointment as G.E. Associate Professor of Geography, College of Social Sciences and Philosophy, effective 1 July 2001 until 30 June 2002

U.P. Los Banos

Leonora M. Fajutagana, original appointment as General Education Assistant Professor of Humanities, College of Arts and Sciences, effective 1 July 2001 until 30 June 2002

Ma. Emilinda T. Mendoza, original appointment as General Education Assistant Professor ofSocialScience, College ofArtsand Sciences, effective 1 July 2001 until 30 June 2002

Romeo B. Obedoze, Jr., original appointment as UPFI Associate Professor of Development Management, College of Public Affairs, effective 1 July 2001 until 30 June 2002

Roslino I.Villamil, original appointment as General Education Assistant Professor of History, College ofArtsand Sciences, effective 1 July 2001 until 30 June 2002

U.P. Manila

Amor U. Ballesteru, original appointment as Cirilo&:Casimira Asperilla Assistant Professor of Nursing, College of Nursing, effective 1 July 2001 until 30 June 2002

Luz Barbara P. Dones, original appointment as Juan & Juana Angara Assistant Professor of Nursing, College of Nursing, effective 1 July 2001 until 30 June 2002

Noel D. Lawas, original appointment as MetroManilaCommission Diamond Jubilee Professor of Health Policy and Administration, College of Public Health, effective 1 July 2001 until 30 June 2002

EXTENSION OF SERVICE BEYOND COMPULSORY RETIREMENT AGE OF 6S

U.P. Los Banos

Mercedes U. Garcia, Professor 8, College of Forestry and Natural Resources, effective 25 September 2001 until 22 October 2001

U.P. Manila

LudivinaK. Ebido, Assistant Professor 1, College of Pharmacy, effective 11 October 2001 until 31 October 2001

ORIGINAL APPOINTMENT BEYOND AGE 65 U.P. Diliman

Lilia Rabago, Professorial Lecturer 5, College of Education, effective 16 June 2001 until 31 October 2001

REAPPOINTMENT BEYOND AGE 65

U.P. Diliman

Lydia Agno, Professorial Lecturer 4, College of Education, effective 16 June 2001 until 31 October 2001

Milagros D. Ibe, Professorial Lecturer 5, College, of Education, effective 16 June 2001 until 31 October 2001

CONFIRMATION OF AD INTERIM APPOINTMENTS U.P. Syslem

MaryCatherine A.Damian;original appointment as University Legal Counsel, Office of Legal Services, effective 13 August 2001 until 31 December 2001

Maria Theresa T. Sindice, original appointment as University Legal Counsel, Office of Legal Services, effective 13 August 2001 until 31 December 2001

MATTERS ARISING FROM THE MINUTES OF THE 1153RD MEEflNG (30 AUGUST 2001) On the ROTC issue

On14 September 2001, Professor Jose N. Endriga, Vice President for Public Affairs and Officer-in-Charge of the University, wrote a leller to Undersecretary Feliciano M.Gacis, Jr. of the Department of National Defense conveyingto him the University's position on the ROTC. Onthe larger issue of whether ROTC should be continued or not, the U.P. favors the alternative of making ROTC optional.

The University believes that there should be an opportunity for studentswith military careersinmind to pursue them whileincollege.

Moreover, the offering of the ROTC programs should also be made optionaltoall colleges and universitiesinthe country.

Board action: Notation

On the report of the President regarding appropriations out of savings through cost cutting and rationalization

Regent Alfonso recalled that at the 1152nd meeting of the Board on 26 July 2001, he asked former Vice President Echanis how the University administration had been able to push through a number of very significant projects, all of them intended tolift academic standards in the University, i.e., the hefty merit promotions which almost amounted to corrective promotions, all kinds of incentives now available for different reasons, etc.

In this connection, Regent Alfonso strongly suggested that the previous Minutes of the Board carry a full reproduction of the headline story in the U.P. Forum dated 28 July 2001 with the headline "How the Nemenzo Administration Steered U.P. Through the Budget CuI."

He said that itisnot for the glorification of the administration for it does not need glorification. Itis really for the benefit of the present constituencies and for the benefit of future administrators to know how budget creativity can work to the advantage of the University He suggested that the articlebeincludedinthe minutes as part of the President's report.

Update: Attached as Amrex 1 (see OSU file) is a full reproduction of the above-mentiolled lreadlinestan) in tire U.P.Fonun dated28Irlly 2001 whic1lsllall JonnpartoftireMilmtes of tire premous (1153rd) meeting on 30 August 2001.

Onthe request for waiverofthe policy that only tenured faculty maybe appointed to regular academic administrative positions in. favor of two faculty members who are being recommended as chairs of the Departments ofPharmacyand Industrial Phannacy, in spite of their temporary status

RegentMantaV.I. Reyesfollowedup on the Board's reoonunendation thaI the College study the possibility of mergmg the aforementioned departments.