UP School of Economics faculty petitions the UP BOR to remove age-discriminatory rule (age requirement rule) in the “search” for the next UP President
“The UP presidency
By: Solita Collas-Monsod / @inquirerdotnetPhilippine Daily Inquirer / 12:10 AM October 15, 2016 “This topic may seem like small potatoes compared to current issues: For example, is Du30 veering away from the United States and toward China? (My take: No, he isn’t.) Or is Sen. Leila de Lima the “mother of all drug lords”? (When she doesn’t even own the house she is living in? Please!)
“But the presidency of the University of the Philippines is important, 1) because of UP’s large role in the shaping of the country (x number of presidents, y number of Senate presidents, z number of speakers of the House, w number of chief justices, to mention just a few), and 2) because UP Diliman has been rated the top university in the Philippines, ranking 127 slots over Ateneo de Manila University and 327 slots over De La Salle University and the University of Santo Tomas.
“On second thought, the number of leaders that the university has produced, including members of the executive, legislative and judicial branches of government, may not be a good reason for thinking the UP presidency important, considering that these leaders have not exactly performed well—the Philippines was categorized among the slow growers of the world, and among the most corrupt, from 1960 to 2009. Unless, of course, we think that if our leaders had come from other academic institutions, the result may have even been worse.
“So perhaps we should stick to reason No. 2. UP is the top ranking university in the Philippines, and we want to keep it that way. In fact, it should be improved because as of now, it ranks only 70th in the top 100 universities in Asia (by the same Quacquarelli Symonds World University Rankings). Thus, the quality of its leadership is of prime importance.
“Furthermore, the university’s quest for excellence must be matched, at the very least, by its quest for honor. The motto is, after all, “Honor and Excellence.” The lack of emphasis on “honor” is arguably the cause of the poor quality (read: “corrupt”) of the leaders it has produced.
“So now, UP is looking for its next president. And if the list of candidates is rather thin, it is because of a recent rule adopted by its Board of Regents, to the effect that all nominees should have the ability to serve the full term of six years before reaching the age of 70 (that is, they must be younger than 64 to qualify).
“That rule effectively barred from the running a whole lot of otherwise qualified candidates. It disqualified former senator Orly Mercado, UP Diliman Chancellor Mike Tan, and former chancellor Roger Posadas, among others. I don’t know how many others were discouraged from putting up their names because of this age requirement.
“Why should that age requirement be rescinded? Faculty members of the UP School of Economics sent a letter to the UP Board of Regents listing the reasons, among which are:
“The addition of this age requirement violates the university’s fundamental merit-based values, which qualities bear no necessary relationship to chronological age.
“The imposed requirement of “being able to serve the full term of six (6) years before reaching the age of 70” is a new requirement, and more importantly, is not in accord with the university’s values and traditions as reflected in its Code and Charter (citing chapter and verse).
“This requirement violates the spirit and letter of Sections 2 and 5 of Republic Act No. 10911 (the Anti-Age Discrimination in Employment Act).
“ “In short, there is nothing in the law, the Charter, the Code, or the University’s cherished traditions to suggest that advanced age must be a factor in the administration of the University’s affairs,” say my colleagues.
“I hope the UP Board of Regents listens. My colleagues in the UP School of Economics rarely take a common stand, except in periods of crisis or near-crisis (for example, the economic crisis under Ferdinand Marcos, the fiscal crisis under Gloria Arroyo, the population problem). And their track record is impressive.”
“Statement from the Office of the Secretary of the University and of the Board of Regents on UP Presidency Candidates”
“On 23 September 2016, the UP Board of Regents received the nominations for the following for the position of UP President:
Consolacion R. Alaras Danilo L. Concepcion Gisela P. Concepcion J. Prospero E. De Vera III Rowena Cristina L. Guevara Orlando S. Mercado Benito M. Pacheco Roger D. Posadas Caesar A. Saloma Michael L. Tan “At a special meeting of the Board of Regents held on 1 October 2016, the Board conducted a preliminary screening and evaluation of the nominees based solely on the following minimum requirements: 1) holder of a Master’s degree; doctorate preferred; 2) substantial academic experience at the tertiary level; 3) should be able to serve the full term of six (6) years before reaching the age of 70; and 4) no conviction for administrative and criminal offenses. Based on this, the Board then unanimously accepted the nominations of the following as candidates for the UP Presidency:
Danilo L. Concepcion Gisela P. Concepcion J. Prospero E. De Vera III Rowena Cristina L. Guevara Benito M. Pacheco Caesar A. Saloma “Four (4) of the ten (10) nominees were not included in the list of candidates for the UP Presidency due to the fact that they did not meet the minimum requirement that a candidate “should be able to serve the full term of six (6) years before reaching the age of 70.”
( image right-clicked from osu.up. edu.ph used here non-commercially for academic purposes_
“The Board of Regents’ unanimous decision to uphold this requirement, after due deliberations, was based on the following legal grounds:
“•Under Republic Act No. 9500 (the UP Charter of 2008), Section (j), the Board of Regents is given the power to elect the University President based on standards and guidelines set by the Board of Regents itself. Clearly, the Board of Regents is expressly granted the power to set the standards or requirements in electing the UP President. “•The UP Charter of 2008 is silent on the age requirement or limit for the UP President. “The old UP Charter (Act 1870), likewise, was also silent on the age limit for the UP President. Yet the Board of Regents was empowered then as now to set the age limit for the position, which it did set at 70 years old in 1961 by way of a Board Resolution at its 686th meeting held on 14 June 1961. The age limit of 70 years old now forms part of UP’s University Code.
” • The age limit of 70 years old has been in existence since 14 June 1961. Such age limit was last observed during the time of UP President Francisco Nemenzo who was elected for a term of 6 years (from 6 August 1999 to 5 August 2005) but had to resign upon reaching the age of 70 on 9 February 2005, a few months before the expiration of his term. ” • There are general legislations that provide for the age limit of 70 years old. For instance, RA 8282 (the Higher Education Modernization Act of 1997) states that the term of the President of a state college or university may be extended beyond the age of retirement (65 years old) but not later than the age of 70 years old. ” • Regarding the requirement for serving the full term of six (6) years, the UP Charter of 2008 (RA 9500) provides the basis. Section 13 (j) of the UP Charter clearly states, among others, the Powers and Duties of the Board of Regents, as follows: “Section 13 (j): “To elect the President of the University for a single term of six (6) years following a process of democratic consultation with the university community based on standards and guidelines set by the Board. In the event of a vacancy, the Board shall elect a President who shall serve a full term.”
• In addition, Section 14 (paragraph 2) of the UP Charter provides: Section 14 (paragraph 2): “The President of the University shall be appointed by the Board and shall serve for a single term of six (6) years.”
“For inquiries, please contact:
“Edna Estifania A. Co, DPA Vice President for Public Affairs 09985898022 “