Manila City Council withdraws concurrence to Leyco’s appointment
Written by John Coby Cabuhat • Board by Mary Joy Cerniaz & John Coby Cabuhat | 21 September 23
The Manila City Council withdrew its concurrence to the appointment of Prof. Emmanuel A. Leyco as one of the members of the Board of Regents (BOR) through a resolution, Sept. 21.
Without objections, the council adopted Resolution No. 435 sponsored by the Majority Floor Leader and 3rd District Councilor Ernesto “Jong” C. Isip, Jr. during the 84th Regular Session of the 12th City Council of Manila.
The resolution stated that the city’s legislative body withdrew its concurrence to the appointment of Leyco as a BOR member by virtue of Resolution No. 73, s. 2019.
During the period of discussion and debate, Coun. Jong Isip said that it is in line with Commission on Higher Education (CHED) En Banc Resolution No. 285-2023 revoking the exemption of PLM from the minimum institutional recognition guidelines, particularly in having a university president who is a doctoral degree holder which Pres. Leyco does not possess.
Failure to comply would result in CHED recommending to the Unified Student Financial Assistance System for Tertiary Education (UniFAST) Governing Board to delist the Pamantasan ng Lungsod ng Maynila (PLM) from the Free Higher Education Program.
“There has been no information to date however if the CHED has already recommended to the UniFAST Governing Board the delisting of PLM,” the councilor said during the session.
WATCH: 84th Regular Session of the 12th City Council of Manila
Employees, students raise concerns over the ‘delisting’ fiasco
In addition, the resolution also refers to the position of City Legal Officer Veronica N. Lladoc on the turmoil “that needed to be cured.”
“It concerns mainly [the] invalidity of the assumption of Emmanuel A. Leyco as President of the PLM,” Lladoc stated in her letter to the leadership of the City Council.
In the resolution, the City Legal Officer also highlighted the concern raised by the PLM Administrative Employees’ Welfare Association about the possible delisting.
On the other hand, when asked for a comment, the Supreme Student Council (SSC) said that they will issue a response once the University receives directives from the City Government. “SSC shall make a comment once the University receives [a] copy of directives from the City Hall resulting from the resolution,” student body President Vince De Guzman said.
In a unity statement last Sept. 1, One PLM, the coalition of the student councils and national democratic mass organizations in the University, demanded free education from CHED, and accountability and transparency from Pres. Leyco.
“And while we understand that this is also a fight for PLM’s autonomy, we must also think about the people who are deemed collateral in this fight,” the coalition said. While the fight for the University’s autonomy and sovereignty will continue.
Withdrawal of consent
The concurrence or consent of the council is required as per the University Charter or the Republic Act No. 4196.
Section 4 of R.A. 4196 stated, “...the Board of Regents shall be composed of the president of the university and five members, all of whom shall be appointed by the Mayor of the City of Manila, with the consent of the Municipal Board (now the City Council)...”
Leyco was appointed as a regent by former Manila Mayor Francisco “Isko Moreno” Domagaso for a fixed term of six years, effective July 1, 2019, to June 30, 2025. His appointment was then concurred in by the City Council by virtue of Resolution No. 73, s, 2019 which they have now withdrawn.
In an SSC update, Manila Mayor Maria Sheilah “Honey” Lacuna-Pangan, the authority who appoints members of the BOR, also said that the “PLM should comply” with the requirements set by CHED. This is when SSC Auditor Jannel Letrero asked for clarifications on the requirement of a doctorate degree for a university president.
Mayor Lacuna-Pangan added that “CHED did not question PLM's autonomy, whether it operates as an LUC or SUC,” during her meeting with the SSC last Sept. 11.
Last Monday, Leyco retracted that he will be retiring, “bagamat ako ay nagpahayag ng aking layunin na magretiro, nakakapagod eh, at lalong lalo na po kung makikita natin na ang panahon ngayon ay nagbibigay-daan sa mga ugali, sa mga kalakaran na nagpipigil, pumipigil sa patuloy na paglakad ng ating pamantasan.”
The University President added that he will continue his sworn duty, “muli ko pong inuulit sa inyo, tutuparin ko ang tungkulin na aking sinumpaan hanggang sa [aking] makakaya at makakasama sa pagsulong ng PLM.”
Last Sept. 12, prior to this statement, Ang Pamantasan reached out to the Office of the President to confirm the claim of a reliable source that he will be stepping down on Sept. 29. The publication received no response.
Previously, in an update from the student council, Leyco also said that he would resign if CHED paid its debt. "Hindi ako kapit-tuko sa posisyon," he asserted.
On the other hand, the University Code Chapter IV, Article 40 states that in time of vacancy of the Presidency, the Chairperson or any Regent within 24 hours of the verification of vacancy by the Board Secretary, shall call for a special meeting to designate a Regent-in-Charge until such time that a new President is elected or until the President is able to resume the discharge of his duties and responsibilities.
“In case of temporary or permanent vacancy in the Office of the President due to death, physical or legal incapacity, abandonment, resignation or expiration of term, the Chairman or any Regent shall, within twenty-four (24) hours from verification of the vacancy by the Board Secretary, call for a special meeting of the Board of Regents for the purpose of designating a Regent-in-Charge until such time that a new President is elected or until the President is able to resume the discharge of his duties and responsibilities,” Article 40 states.
While the local legislative power lies in the hands of the city council and its consent is required for the appointment of BOR members, there is an absence of expressed provisions for the removal of a BOR member through a resolution withdrawing consent that was given already.
As of this writing, the publication has reached out again to the Office of the President through the Office of University Legal Counsel, and to the Office of the Secretary of the University and of the Board Regents for their comment.
In relation to the resolution on withdrawal of concurrence, the City Council also adopted Resolution No. 436 to immediately convene the University’s Board of Visitors composed of the Mayor, Vice Mayor, and all Councilors of Manila.
Withdrawal will [be] tantamount to the benefit of PLM - Manila councilor
During the period of discussion and debate at the session, Coun. Jong Isip raised two points in the form of questions about whether CHED can validly revoke PLM’s exception and recommend the delisting of the University respectively.
“The answer is yes. RA No. 7722 or the Higher Education Act of 1994 grants the CHED the regulatory power over the establishment and operation of higher education institutions, and prescribe policies, standards, and guidelines for Philippine higher education purposes,” the councilor answered.
In his answer to the second point, Isip argues that only those Universities and Colleges recognized by the Commission are eligible for the subsidies as he refers to Section 5, Rule II of the Implementing Rules and Regulations of Republic Act No. 10931 or the Universal Access to Quality Tertiary Education Act.
In contrast, the University administration said in a statement last Aug. 31 the “circumstances unique to PLM that puts its appointive officials outside the standards set under the executive agency's memorandum orders,” in their written response to CHED.
The Councilor also raised four defenses of the Pres. Leyco in response to the CHED’s resolution: (1) the absence of a provision requiring a doctoral degree for the University President in RA 4196; (2) the standing of PLM as a chartered university and not as a local university; (3) there is no prior notice from CHED about the revocation; and (4) that the PLM should not be singled out.
On the issue of the requirement of a doctoral degree holder for University President, Coun. Jong Isip said that “RA No. 4196 has been repealed, amended or modified expressly or impliedly, by RA No. 10968 or the Philippine Qualifications Framework Act that mandates the institutionalization of education and industry standards.”
Isip added that the law classified the University President as Level 8 which requires doctoral or post-doctoral degrees.
In addition, the Majority Floor Leader argues that there is no such classification as chartered university as invoked by Pres. Leyco in relation to RA No. 10687 or the UniFAST Law where higher education institutions are classified either as Local Universities and Colleges (LUCs) or State Universities and Colleges (SUCs).
In an Aug. 31 statement, the PLM administration asserts that the University draws its mandate from a national law that puts PLM at a special legal stature as “it is not a local university – rather, it is a locally-funded public higher education institution that was created through the enactment of a law originating from the Philippine Congress.”
Last Aug. 31, Leyco also said in an interview that the administration was also surprised with the CHED’s resolution as they were never asked to comment and it just came a few days ago.
“Last January, we submitted [new tuition fee rates], based on our computation that we must charge Php 1,200 per unit to make PLM feasible. So instead of addressing that issue, here comes a memo saying that PLM is noncompliant,” the University President argued in the interview.
READ: Revocation of PLM’s exception, a distraction; CHED’s debts are the issue - Leyco
In contrast, the Councilor revealed that eligibility of PLM for UniFAST subsidies has always been dependent on the commission’s institutional recognition.
Coun. Jong Isip challenged the claim of Pres. Leyco that there was no prior notice from CHED about the revocation. “Again, your Honor, this has no factual basis,” Isip said.
“From the onset, the eligibility of PLM for UniFAST benefits has always been conditioned on its recognition by CHED. In fact, it was given along with the other 77 institutions mentioned in the CHED Memorandum [Order] No. 11 which was given until School Year 2019-2020 to comply with the requirements for institutional recognition,” the 3rd District representative argued.
Lastly, on the comparison between PLM and the University of the Philippines, the Majority Floor Leader asserted the absence of the same provisions from UP with PLM that constitute autonomy from CHED regulatory powers and functions.
“So now, your honor, we stand here in this representation filing a resolution [that] proposes to withdraw the concurrence of the City Council [to] Resolution No. 73, s. 2019 which confirmed the appointment of President Leyco as [a] member of the Board of Regents of PLM since the withdrawal will [be] tantamount to the benefit of PLM,” Isip said.
“Specifically, your honor, the amount of 1.2 billion pesos is a large subsidy that will benefit the students of PLM and if the president is not recalled as a member of the Board of Regents, the CHED may opt to delist PLM from the benefits of the UniFAST subsidy law,” the councilor added.