STATEMENT ON THE DECEMBER 15, 2006 INCIDENT AT MALCOLM HALL

LAW STUDENT GOVERNMENT
UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

STATEMENT ON THE DECEMBER 15, 2006 INCIDENT AT MALCOLM HALL

Last December 15, 2006, a group of UP students with strong anti-tuition fee
increase sentiments, barged through the doors of Malcolm Hall, in search of
members of the University of the Philippines Board of Regents. The group was
headed by the Student Regent, and the University Student Council. Such
students verbally assaulted members of the UP Law Student Government and the
UP Law community who were at that time peacefully preparing for "Malcolm
Madness", the College's Christmas program. In the attempt to find the
regents, these students harassed practically everyone who was foreign to
them including the UP Law Center staff, the UP Law Personnel and fellow UP
students. They were hurling accusations such as, "Tinatago n'yo sila!"
"Niloko n'yo kami!" "Bakit n'yo kami pinagtatagksilan? !" at the members UP
Law community who were in sight. During the height of turmoil, a student of
the College was pushed to the door of the Malcolm Theater in her attempt to
ward off the rallyists from entering the Theater, wherein there were
students preparing for the College program; a handful of other students were
likewise emotionally traumatized. It was only after a five-minute, initially
adversarial dialogue between the Student Regent and the Law Student
Government President that the angry crowd was asked by their leaders to turn
around and leave. Unfortunately, however, the injury had already been
inflicted. Aside from emotional and physical injuries, the mob ultimately
left the college with property damaged, specifically the door of Malcolm
Hall and the Malcolm driveway was splashed with red paint. Furthermore, the
"Malcolm Madness" was cancelled for the first time since its inception,
causing losses for equipment rentals and decoration costs on the part of the
UP Law students and the UP Law Student Government.

It is understandable that these students may have had strong sentiments
against the Tuition Fee Increase issue. After all, they are entitled to
express their vehement objections to the Board of Regents in accordance with
their constitutional right to free speech and expression. However such forms
of expression are never justifications to trample on others' rights to
safety of their persons and property.

Thus, it is with a heavy heart that we, the Law Student Government, condemn
this chaotic incident initiated by our fellow UP students. We believe that
their acts have crossed the borderline of freedom of expression as it
tramples on propriety, ethics and any notion of reason. We have no choice
but to respond accordingly - as of all institutions, the UP College of Law
and the UP Law student Government will not tolerate exploits of such kind.
In verbally and physically hurting other people and destroying property,
these acts are no less than criminal.

We hold the Student Regent responsible for inciting this mob and leading it
into our college with no sense of direction or restraint according to the
purpose by which it was gathered. We implead him primarily for being the
proximate cause of the incident, without regard for those who do not share
his agenda.

We hold the members of the University Student Council responsible, most
especially the USC Chair, according to the principle of command
responsibility. The Chair was not present during the incident; the members
of the USC who were in attendance did nothing to pacify the crowd during the
height of chaos. We deem that they should have reasonably anticipated such
consequences when a group of extremely emotionally charged individuals
rally: chaos will definitely result from the mob rule - despite lack of
premeditated ill intentions to inflict harm on others.

As veterans of mass action protests, the Student Regent and the University
Student Council should have foreseen harmful results and consequently
formulated and implemented proactive safeguards to avoid or minimize them.
The damages caused by these acts of omission were not rectified by belated
measures to make the crowd turn back. Such conduct of the USC betrays the
very office that they occupy. Beyond advocacies, the primary accountability
of the USC belongs to the UP populace, whose safety, welfare and well-being
they ought to have upheld - whichever side of the fence the constituent-
students sit in an issue.

We, too, in the UP Law Student Government, are scholars of the people. Like
every UP Student, we are being educated to become productive members of
society who are reflective of the ideals of the nation. We believe that the
UP student has brilliant ideas and opinions, which have to be voiced out in
a reasonable manner. Thus do we champion the spirit of activism, one of the
forces for which our University is distinctly renowned. It is in this spirit
that we, ourselves, participate in various rallies, fora and social action
in the midst of various issues of public interest. Yet, we condemn riotous
and anarchical modes of activism. No matter how noble the purpose or ends of
a rally, mutinous styles of mass action will NEVER be justified, especially
when they infringe on others' safety of their persons and property. Though
we, ourselves, are activists in our own right, we will never allow activism
to cast a dark shadow on the conduct and character of the UP students.

We, in the UP College of Law, denounce the December 15, 2006 incident in
Malcolm Hall. We deem that it is only just and equitable that those at its
helm be held responsible for its outcome. We condemn all types and kinds of
abuses of the spirit of activism, which has been enshrined in the history of
our university. Relentlessly, we will cling to our bias for order, propriety
and the rule of law.