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 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

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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 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

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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.

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.

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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

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.

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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 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

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he or she decides to join.

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.

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.

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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 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

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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 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

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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 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 of existing laws.

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 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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