The Department of Justice (DOJ) is ready to adjudicate the dispute between the National Defense (DND) and the University of the Philippines (UP) over the cancellation of the accord that has prevented police and military from entering the learning institution’s campuses without prior coordination.
“Considering that there is an apparent dispute between the state university and the DND with respect to the validity of the unilateral cancellation of their long-standing agreement, the DOJ will view any request for legal opinion as a request for administrative adjudication or settlement under the revised administrative code, which provides that all such disputes between government entities should be brought before the DOJ, OSG (Office of the Solicitor General), or OGCC (Office of the Government Corporate Counsel), as the case may be, “ said Secretary Menardo Guevarra.
Guevarra said neither the DND or the UP has sought the DOJ’s legal opinion on the matter.
“The SOJ (secretary of justice), as attorney general, does not issue legal opinions or commence administrative adjudication proceedings unless requested by heads of government agencies or other state instrumentalities,” Guevarra explained.
The DND-UP accord was signed back in 1989 that has since disallowed the entry of police and military from entering UP campuses without coordination.
However, DND Secretary Delfin Lorenzana had sent UP President Danilo Concepcion a letter dated January 15 that stated that the DND-UP accord has been “terminated or abrogated effective this date.”
Lorenzana cited in the letter that the DND is “aware” of an “ongoing clandestine recruitment” of students by the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), inside UP campuses nationwide.
The DND chief explained the accord had to be terminated since no action could be taken since the pact “stipulates certain limitations” where police and military units are prevented from entering the campus without prior communication from the UP administration.