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“Architect, este, er, Engineer the Downfall of the Duterte Regime churva“: For “Law on Mass Media and Communication” students

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From the Inquirer:  “UP college dean in hot water for anti-Duterte letter
“State U official: That is not allowed under existing laws
by: Jhesset O. Enano – Reporter / @JhessetEnanoINQ Philippine Daily Inquirer / 05:24 AM September 19, 2018
“An official of the University of the Philippines (UP) said he viewed with “serious concern” reports that the dean of the UP College of Engineering in Diliman, Quezon City, had allegedly voiced her support for the downfall of President Duterte.

“UP Board of Regents (BOR) chair J. Prospero de Vera III was referring to a letter signed by Dean Rizalinda de Leon on Sept. 13 in which she expressed support for activities and protests scheduled on Sept. 21, the anniversary of the declaration of martial law.

“De Leon also encouraged the engineering community to join the mobilization in remembering the “struggle of the Filipino people to fight for democracy, peace and justice.”

“Controversial

“In her letter, however, she said the activities would be held “under the banner of ‘Engineer the Downfall of Tyrant and Dictator Duterte.’”

“Speaking to reporters on Tuesday, De Vera, also officer in charge of the Commission on Higher Education, said that while these activities were covered by the academic freedom of individual universities, the supposed ouster call should be taken seriously.

” “My personal take is that it is the responsibility of the universities to allow discussions and debates. But I frown upon university officials who take a political position on issues, especially those who call for the ouster of the President. That is simply not allowed under the existing laws. The civil service rules prohibit that,” he added.

“De Vera said that as BOR chair, he intended to call the attention of the regents on the matter. However, whether De Leon would be asked to explain herself in the next BOR meeting was up to UP President Danilo Concepcion, he stressed.

“On Monday, De Leon issued a clarification, saying that an earlier Facebook post of UP Rises Against Tyranny and Dictatorship—a group leading the Sept. 21 activities—about her expression of support contained an “editing misunderstanding.”

“Clarification

” “While I believe that the engineering community must take upon itself the challenge to defend human rights and civil liberties, and that we ought to speak out against any system of tyranny and dictatorship whether current or future, I do not and will not instigate the downfall of any person or leader, including President Duterte,” she said.

“De Leon pointed out that her brother, Bayani Lontok, was shot dead during martial law while fighting for farmers’ rights.

” “He was killed because he espoused a different way and a different ideology from those in power then,” she said. “If I were to engineer or even wish the downfall of any person, then I would be no different than my brother’s killers,” she added.”

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From Rappler: “CHED: University officials should not take political stand
Commission on Higher Education Officer-in-Charge Prospero De Vera III says universities should promote discussion but he ‘frowns upon university officials who take a political position’

by Sofia Tomacruz
Published 5:20 PM, September 18, 2018
Updated 5:32 PM, September 18, 2018

“Commission on Higher Education (CHED) Officer-in-Charge Prospero De Vera III said that while universities must promote discussion and free thinking on different belief systems, officials must avoid taking political stands.

“De Vera was responding to the signed letter of University of the Philippines (UP) Diliman Dean of Engineering Rizalinda de Leon stating she would join activities on September 21 calling for the ousting of President Rodrigo Duterte. He said while he encourages schools to promote discourse of different ideologies and beliefs, but not political stands.

” “Universities should be a venue for the articulation of different ideologies, different belief systems, but I frown upon university officials who take a political position on issues. Especially those who call for the ouster of the president because that is simply not allowed under existing laws,” De Vera said in a press briefing on Tuesday, September 18. De Leon, however, has since asked that her signature be removed from the open letter calling for the ouster of Duterte.

“What letter? In a Facebook post, De Leon responded to a now deleted post of a signed letter stating she would join the UP rise against tyranny and dictatorship (UPRISE) activities on September 21 organized “under the banner of ‘Engineer the Downfall of Tyrant and Dictator Duterte!’”

“De Leon said while she believed the engineering community must defend human rights and speak out against “any system of tyranny and dictatorship whether current or future,” she would not instigate the downfall of “any person or leader, including President Duterte.”

“In explaining her position, De Leon recalled how her brother, Bayan Lontok, was among the victims killed during the despotic rule of the deposed president Ferdinand Marcos. She said he was killed for believing differently from those in power. ‘If I were to engineer or even wish the downfall of any person, then I would be no different from my brother’s killers,” she said.
The actions of De Leon caught the attention of De Vera who said he viewed “with some seriousness” the signed letter.

“As the chair of the UP Board of Regents, De Vera said he would call attention to the matter in its next meeting.

” “Encouraging students to attend events and activities is one thing. calling for the ouster of the president is another thing,” he said.

“Remembering Martial Law: In similar efforts to remember Martial Law, UP Danilo Concepcion declared September 21 of every year as a “UP Day of Remembrance” for the university system to recall the atrocities of the 21-year rule of the late ousted dictator.

“In the order signed Monday, September 17, Concepcion said he not only authorized, but also and encouraged holding special lectures, meetings, and ceremonies for the commemoration of UP’s role in struggling against Martial Law.

“With the “Day of Remembrance,” the UP president highlighted how the university “both as an institution and through individual efforts of its faculty, students, and staff – stood at the forefront of the resistance to Martial Law.”

“He also recalled how the school has always championed academic freedom and “contributed many of its best and brightest to the struggle against dictatorship and despotism.” The declaration also marked the “continuing need for awareness, vigilance, and militancy” in protecting “fundamental freedoms.” 

                                                                          ∗∗∗

From GMA 7 News Online: “CHEd OIC De Vera warns SUCs vs. calling for Duterte’s ouster, says it’s illegal
Published September 18, 2018 6:08pm
Updated September 18, 2018 6:29pm
by Llanesca T. Panti, GMA News

“Commission on Higher Education (CHEd) Commissioner Prospero de Vera has warned officials of state-run colleges and universities against calling for the resignation of President Rodrigo Duterte, claiming that expressing such adverse position is illegal.

“De Vera was referring to the statement released by the faculty members of UP-Diliman’s Mechanical Engineering department which condemned the Duterte administration’s attacks against the Filipino people, democracy and the rule of law—a position shared by UP College of Engineering Dean Rizalinda de Leon by saying that “we, as one Engineering community, must take upon the challenge to defend human rights and civil liberties and join the Filipino under the banner of “Engineer the Downfall of Tyrant and Dictator Duterte.”

“The UP Mechanical Engineering faculty members also argued in their statement that the atrocities committed by the Duterte administration against the Filipino people are no different from the crimes of the Marcoses, considering that the martial law regime of former President Ferdinand Marcos was plagued by “numerous cases of torture and murder, immeasurable graft and corruption, and the wanton stifling of basic human rights.”

“The statement, however, did not call for Duterte to resign. Instead, the faculty members called on the community to join the university-wide protest against a Duterte-Marcos tyrannical alliance on September 21, the 45th commemoration of Marcos’ declaration of Martial Law.

” “Civil Service rules prohibit that. I would like to remind the university officials to promote discussions, allow students to articulate their belief, but calling for the ouster of the President is another thing,” De Vera told reporters.

“Under Section 29 of the Civil Service law, “officers and employees in the civil service, whether in the competitive or classified, or non-competitive or unclassified service, should not engage directly or indirectly in partisan political activities or take part in any election except to vote.”

“The same section, however, also states that the law does not prevent any officer or employee from “expressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports.”

” “I view it with some seriousness,” De Vera said.

“Further, he said that he will call the attention of the UP Diliman Board of Regents in his capacity as CHED officer-in-charge regarding the matter.

” “The disciplining authority on any university official is the UP Board of Regents. I will call their attention, so that they will look into it, let the person explain what happened. That is due process,” he said.

“But on Tuesday, Dean De Leon walked back her statement of supposedly supporting the “engineering” of Duterte’s downfall.

” “To the UP College of Engineering Community, this is to clarify the pledge of support that was posted on the UPRISE [organization] page. I asked UPRISE the other night to delete the post because of an editing misunderstanding,” De Leon said.

” “I do support the September 21 United People’s Action and enjoin the engineering community to remember the Filipino people’s fight for democracy, peace and justice. As stated in the letter, my statement of support does not constitute the suspension of classes in the college and it is still the professors’ prerogative if he or she will excuse the students who will join the protest,” she added.”

xxx”

Blog admin’s note for “Law on Mass Media and Communication” students: This is for Chapter 5 yet of the course: Clear and Present Danger Rule (emphasis is on the circumstances/context where the words were uttered and not just on the words uttered. Criminal intent is determined from the acts of the persons involved —for example, were they espousing and organizing a coup d’etat or were they promoting and  organizing a rock concert) versus the Dangerous Tendency Test (emphasis is merely on the words used without regard to any context or the circumstances involved– a doctrine prevalent during the era of the Marcos dictatorship).