MSU is sui generis (1)

The Mindanao State University (MSU) is more than academe. Its mandate is far nobler than other academic and research institutes in its genre. Yes, its triad of a classical mandate are education, research and extension, which is spelled out in block letters in its charter, much like the run of the mill universities. But behind those traditional engines of purpose is what is not written in its charter which is more important and forms its spirit and true raison d’ etre. This makes it a sui generis far different from others in its class like the University of the Philippines and other state institutions of learning.

Its birth came like a cesarean section. The zeitgeist was the bloody turmoil and fratricide in southern Philippines. At a time, our society was wracked by bias, distrust, and enmity because of a deep variance in creed and social circumstances, its founding father, then Senator Domocao Alonto, may Allah SWT bless his soul, thought of creating an institution that would become an instrument for bridging the social and political divide. And it became a potent force for assimilating those in the margins towards the mainstream of society. In fact, it is not invalid to classify MSU as the potent force for achieving peace and co-existence that had evaded southern Philippines for decades, causing immeasurable damage to society and government.

And for this special reason, it must not be easily dismissed as a non-compliant academic institution by the state’s regulatory agencies that needs to be disciplined for an infraction which to some is devoid of substantive basis and viewed from a wider perspective had achieved success in carrying out its mandate as an instrument of government towards a better society.

These thoughts flash like a movie script in my mind amid the controversy between MSU and the Legal Education Board (LEB) over differences in policy.

I am not equipped with pleadings and manuscripts that define the position of the contending parties. For all I know, they have both well-grounded arguments which only the wisdom of the judiciary could resolve. My commentary is off-the-cuff after reading some posts that came across my Facebook wall which distressed me no end because of my affiliation with the academe. Time, work and golf are the culprits for my indolence in researching on the controversy.

But for disclosure and transparency, I must warn my readers of my bias. The formative years of my professional career were spent and honed at MSU. After leaving the portals of the College of Law of the University of the Philippines at Diliman and a brief law practice, I went home to my place of origin.

Upon the invitation of then Dean Manaros Boransing I became a teacher at MSU and was later elected Secretary of the University concurrent with the Board of Regents. I could not be more grateful to MSU. My years in the academic community influenced and molded my life to face and overcome challenging odds.

But back to the issue at hand, I can only suggest to LEB not to be too technical about the matter. It should look at the problem from a different perspective, not purely a legal angle. There are more concerns that have greater repercussions in our society than regulatory policies. Let’s not forget that laws and policies are enacted to serve and make our society better. They are never promulgated to cause unnecessary friction and disunity that might bring us back to the dark days of social and political divide and pell-mell that could lead to dystopia.

The State is trying to repair the breakage of the relationship among minority and majority, and state instrumentalities can do no less but toe such noble policy. We pray to LEB to take a second look at its actions and reconsider its position in the name of a better society.

A petition for declaratory relief is cumbersome, time consuming and expensive for government. Let’s address the issue as pedestrian Filipinos who seek to find solutions to greater socio-political problems before us. Arbitration sought by MSU is in order.

The legal hermeneutics in my Saturday column.

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