Wednesday, April 15, 2015

THE SUBSTANCE OF EXECUTIVE ORDER NO. 1





THE SUBSTANCE OF EXECUTIVE ORDER NO. 1
15 April 2015


Statement of the Problem.
What is wrong with Executive Order No. 1?

Know the facts.
At the onset, three things must be clearly understood. First, the 2001 Revised Constitution of the University of the East Studentry is defective and is in urgent need of amending. It is the reason why Kapit-Bisig ng Mag-aaral sa Pamantasan ng Silangan (KAMPS), otherwise known as Kapit-Bisig, started to actively initiate the call to amend. Second, the current 2001 Constitution which superceded the 1987 Studentry Constitution was clearly patterned after the Kapit-Bisig ng Party Alliance Constitution (KBPA) of the late 80s. Nobody uses the phase “nationalist, scientific and mass-oriented system of education” during that time except those who have been branded as “activists and militants.” Third, the first student council constitution was approved in a plebiscite by the studentry in 10 August 1983, Wednesday, under the term of Kapit-Bisig standard bearer and now Congressman Ben Evardone (see DAWN, Vol. XVII No. 6). That success can only be claimed by the Alyansa ng Mag-aaral sa Pamantasan ng Silangan (AMPS) and the Kapit-Bisig ng Mag-aaral at Sambayanan which is the original name of Kapit-Bisig. Both organizations became the backbone of the present UE Kapit-Bisig Alumni Association Inc.


In 11 March 2015 during the induction to office of the winners of the 23 February 2015 University of the East Student Council Elections, Rina Lorraine Cabug, now President of the University of the East Student Council, issued Executive Order No. 1.

She clearly amplified “The Student Council shall not be wanting in manpower. We have a studentry composed of intelligent and able men and women. In this regard, I hereby make my first executive order as President of the University Student Council. The Student Council recognizes the importance and functions of the Student Council staff both at the USC and at all college councils. I hereby order for the recruitment of eligible Student Council staff members. The functions, supervision and maintenance of which shall be under the Office of the USC President.

The Basis for the Claim.
The defective 2001 Revised Constitution of the University of the East Studentry expressly states that “The President shall be the chief executive officer of the council. It shall be his duty to. . . perform(s) such other duties as may be necessary or incidental to the discharge and performance of the functions of his office and may be inherent with the position” (Article VIII Powers and Duties of Officers, Section 1i).

In issuing the above-mentioned order, Rina Lorraine Cabug is exercising her administrative function as President and Chief Executive officer of the University of the East Student Council. Does she need the nod from the rest of the University Student Council (USC) officers? No. It is now the President and Chief Executive officer of the University of the East Student Council exercising her administrative power. She is streamlining her office and putting matters into order. She wants things in order so the USC can provide better service to the studentry.

Ms. Cabug has served in the Student Council for three consecutive years before her Presidency. She started service as a member of the Staff. She knows the runabouts. She has familiarized herself with the system. Her decision for issuing Executive Order No. 1 was personally deeply rooted. This she voiced out in a memorandum she posted at the Council Facebook group page. She stressed, “This is to remove the barkadahan system. I've been in their position. I was a staff before. . . For the past years that I (have been) working in the CBA SC we have encountered staffs that are directly talking to us officers without knowing if they are really working for the SC.”

In line with her executive order, Ms. Cabug personally made a tool to implement. She created a Staff Application Form. Such became an object of rumors, talk and ostracism. Ms. Rochelle Brotonel, now President of the College of Education Student Council (COEd SC), in her message to Ms. Cabug via social media vents it out, “Rina, I saw the format of application form. Tbh, medyo di maganda sa part naming yun. You made it without o(u)r consent. Ni hindi mo man lang kami cnonsult. At saka, bakit interviewed by you? Hindi kaming mga president ng bawat SC? May application form na kaming nahanda. Ano na lang yon? I think, we should have a meeting first regarding this matter. Thank you.”

Ms. Brotonel clearly cannot decipher which shoe she is fitting her foot into, as President of the USC or as President of the COEd SC. Nor does the rest of those who have been complaining. What is more bothering to think about is the fact that Ms. Brotonel has been a USC officer of the previous administration. Soes she really know what she is doing? The President of the USC issued an executive order regarding the issue of Staff by virtue of her administrative function. The President working to put her administration in order so it can function more efficiently by streamlining the bureaucracy so it can serve the studentry better if not best does not need the permission from among anyone of the College Council Presidents. Assuming the USC President would want to have the student council office cleared and cleaned so everything can be organized and reorganized. Does she still need to convene a Student Council Assembly so she can seek their blessing? Shall she be reprimanded of “O bakit ka nagdesisyon ng ganyan o umaksyon ng ganyan na hindi mo man lang kami kinukonsulta?” Protocol. It should be Ms. Brotonel as President of the COED SC who should do matters the other way; that is, to consult with the President of the USC first of her “forms” prior to any implementation. Article VII The College Councils Section 3 of the defective Student Council Constitution states that “The CSC SHALL COORDINATE WITH THE USC, provided that they shall be autonomous in the management and in the implementation of their respective programs and activities.” (emphasis mine)

Three words could easily blind the reader’s interpretation in the above-quoted provision. First, “autonomous” is never implied as supreme. It is never absolute. The USC President remains to be chief executive officer of the entire University of the East Student Council for which she has to authority to exercise her administrative duties as provided for in the defective Student Council Constitution. Second, “management” implies management of the college council’s programs and activities. Recruiting staff and creating forms to recruit staff is never a function of the college council President. It is the function of the President of the USC. Imagine the chaos if BIR Chief Kim Henares created the forms for citizens to file their respective ITR and only to find out that other district BIR Officers use their self-made forms different from what the BIR Chief made and had distributed for implementation. Imagine the chaos if BIR Chief Kim Henares created the BIR forms for citizens to file any of respective taxes and only to find out that the Congressman of a certain district, or the governor of a certain province, or the mayor of a certain city or town uses their self-made forms different from what the BIR Chief made and had distributed for implementation. Third, “implementation” means execution of respective programs and activities. Recruiting staff and creating forms to recruit staff is never a program or an activity of any of the College Council Presidents. It is the function of the Office of the President of the USC.

The problem is that CERTAIN (as in SOME) Student Council Officers from the Kaisa Ka Party who now occupies some positions at the University Student Council (USC), the College of Education Student Council (COED SC) and the College of Arts and Sciences Student Council (CAS SC) added political color in their interpretation. One elected officer from the College of Arts Student Council posted this message on the social media platform Facebook. He said, “Don’t push everyone to do what you want. It’ll just make things worse.” Upon verification, he admitted that it was intended for the incumbent USC President. The CAS SC officer continued saying, “Kasi against talaga SAMIN yun. Hindi kami naabisuhan na may ganun. . .Kaya against halos lahat sakanya.” (emphasis mine) Again the same goes with the reaction of the COED SC President when she said, “Hindi maganda sa part NAMIN yun.” (emphasis mine) Ms. Cabug was transparent in her memorandum which she posted at the Council Facebook group page. She said, “Just to clear it to you, I will not control your staffs. We will just follow one protocol. . . The forms that I have uploaded are for the record that they are working under your office. . . To clear the issue, my intention is to reach out to you. I know we came from different parties. I know you look at me as your opponent. Let's just start working as ELECTED OFFICERS without any bias.” Something wrong with that? None.

While Rina Lorraine Cabug as the President of the USC and Rina Lorraine Cabug as a member of Kapit-Bisig, and the whole organization of Kapit-Bisig ng Mag-aaral sa Pamantasan ng Silangan, continue to make a proactive call for a One University One Student Council Campaign, CERTAIN (as in SOME) Student Council Officers from the Kaisa Ka Party who now occupies some positions at the University Student Council (USC), the College of Education Student Council (COED SC) and the College of Arts and Sciences Student Council (CAS SC) infuses political color.

Conclusion.
The 2001 Revised Constitution of the University of the East Studentry is defective. It is outdated. It urgently needs to be amended. This alone is an issue that rose up within the front row and back alleys of the University of the East Student Council. Perhaps the only one to make a move was former CBA SC President Adrian Villaflor and other officers who attempted to amend it. No one among the past USC presidency of seven years managed to prioritize it. Why? Perhaps those who oppose benefit from it. Notwithstanding the studentry.

In a recent turn of events two days ago, it was found out that a very efficient staff of the student council that actually belongs to the Kaisa Ka party was kicked out of his membership and position because his political color now is in question. This competent “former” member of the Staff has managed to learn most of the ins and outs in running the Student Council Office. He was terminated because of the political color issue.  That is the purpose of Executive Order No. 1., that is, to recruit intelligent and able men and women studying at the University of the East who are eligible to be Student Council staff members and be able to protect them and keep them so they too can be of service to the studentry.

SO WHAT IS THE PROBLEM WITH EXECUTIVE ORDER NO. 1? NONE. Not is you infuse it with political color.

And what happens now to those who have maligned, insulted, defamed, bullied, terrorized, persecuted, tormented or oppressed the USC President in the past days. We could list down names here if you want. Yet Rina Lorraine Cabug, President of the University of the East Student Council has experienced, endured, and continues to experience and endure being maligned and bullied by CERTAIN (as in SOME) Student Council Officers from the Kaisa Ka Party who now occupies some positions at the University Student Council, the College of Education Student Council and the College of Arts and Sciences Student Council. Such acts of misconduct and disorderly behavior are unbecoming of people who have been elected into office because of the students’ trust who perceive them as role-models. Such acts of misconduct and disorderly behavior are punishable by, at the most, suspension for one month as provided for under Article IX Section 2c and Section 4b of the defective 2001 Revised Constitution of the University of the East Studentry which badly needs to be urgently amended.

Let us leave the acts of misconduct and disorderly behavior for the school authorities to decide. But Kapit-Bisig demands a public apology.

AMEND THE UESC CONSTITUTION

AMEND THE UESC CONSTITUTION