2024 HAU USG Constitution Proposed Draft
2024 HAU USG Constitution Proposed Draft
We
, the students of Holy Angel University, imploring
the aid of Almighty God,
desirous of establishing a just and benevolent Student Government that will
unite the studentry, promote and protect students’ rights and welfare, foster
a collaborative relationship among the students and other sectors of the
University, and of the society, and to instill consciousness for the
development of the Angelite student community that transforms students into
persons of conscience, competence, and compassion, do hereby ordain and
promulgate this Constitution.
I.
Name and Purpose
Section 1.
This Constitution shall be known as the
“Constitution of the Holy
Angel University Student Government.”
Section 2.
There shall be a University Student Government, henceforth the
Government, which shall be the central governing body of the Holy Angel
University studentry.
II.
Declaration of Principles and Objectives
Principles
Section 1.
The Government declares its main guiding
principle to be a just and
answerable student government that embodies the collaborative and genuine
interest of the Holy Angel University studentry.
Section 2.
Student leadership shall be a platform
for personal holistic
development as a training ground for Angelite students to have an
understanding of the macro-politics and micro-politics that surround their
growth as Filipino citizens.
Section 3.
The Government shall devote itself to continuous
learning,
committed to constantly practicing assessment and evaluation for the
betterment of service to the students.
Section 4.
Student leaders shall hold the responsibility
to adhere to the
highest ethical standards of:
(a)
Exhibiting diligence in the service of the students as stipulated in
this Constitution;
(b)
Upholding and ensuring transparency in sharing their objectives,
methods, and decisions concerning the student body; and
(c)
Dedication to the Angelite student community without personal or
external bias.
Section 5.
The Government shall encourage active participation
and cooperation
among student organizations and institutions, placing a high value on empathy
and camaraderie.
Section 6.
Under Article 218 of Executive Order No.
209, s. 1987, otherwise
known as the Family Code of the Philippines, the Government shall reserve the
right of a student over the age of majority to independence in running for a
position without the need for consent from their parents or guardians.
Section 7.
The Government shall prioritize the well-being
of its fellow
students wherein it should promote a culture of wellness within the Government
when preparing and pursuing its initiatives and activities.
Section 8.
The principles held within the Constitution
of the Philippines,
including the rights conferred by it and specifically the Bill of Rights,
shall be respected. The rights conferred by the Constitution may be
incorporated by law or by binding decision of the High Court.
Section 9.
The Government shall respect the separation
of powers between the
executive, the legislative, and the judiciary, and of other organs of the
Government.
Section 10.
The College Student Councils shall have
executive autonomy within
their respective Colleges.
Section 11.
The Government shall aim to be transparent
in its activities and
initiatives.
Section 12.
The Government shall respect the independence
of the press, as
embodied by the student publications, and shall respect all relevant orders
and laws of the Philippines and of the University regarding the independence
of freedom of speech, of expression, and of the press.
Objectives
Section 13.
The Government shall at all times:
(a)
advocate for an accessible quality education afforded by the Angelite
student community;
(b)
defend, promote, and protect the rights and welfare of the students;
(c)
serve as an active forum for student ideas and sentiments;
(d)
uphold the ideals of the University geared towards ensuring a
well-rounded development of every student;
(e)
instill campus awareness and social consciousness among students;
(f)
collaborate with concerned sectors of the University in the pursuit of
the common good of the students; and
(g)
develop a responsible studentry who will put educational opportunities
to optimal use in order to look after the welfare of the students.
III.
University Student Council
Section 1.
The central executive power shall be vested
in the University
Student Council, which is composed of the President, the Vice President, the
Directors of the executive Departments, the members of the Office of the
Solicitor General, and other officers.
Section 2.
The President shall be the chief executive
of the University
Student Council, and shall have the following powers and duties:
(a)
represent the University studentry;
(b)
represent the University Student Council in external affairs;
(c)
preside over meetings of the University Student Council;
(d)
sign resolutions, communications, and papers of the University Student
Council;
(e)
exercise supervision and oversight over the Departments;
(f)
propose priority subjects to be discussed by the Senate before the
semester starts;
(g)
send official correspondence to the Senate on situations where a
certain issue requires special attention; and
(h)
execute such powers and duties as may be necessary or assigned by law
or the University Student Council.
Section 3.
The Vice President shall be the deputy
of the President and shall
act in place of the President whenever the latter is incapable or unable to
execute the powers and duties of their office.
The Vice President shall have the following powers and duties:
(a)
supervise and oversee the executive Departments;
(b)
gather all delegations of tasks, including deadlines, from the
President, Vice President, and Directors, to the officers and staff;
(c)
create a checklist of delegations and monitor their progress; and
(d)
execute such powers and duties as assigned by law, the President, or
the University Student Council.
Section 4.
The executive Departments shall be headed
by a Director who reports
to the Vice President, and shall include the following:
(a)
The Secretariat;
(b)
The Department of Finance;
(c)
The Department of Events Management;
(d)
The Department of Logistics;
(e)
The Department of Community Extension Services;
(f)
The Department of External Communications; and
(g)
The Department of Human Resources.
Section 5.
Executive Departments other than those
enumerated in this
Constitution may be established by the Senate through law.
Section 6.
The Secretariat shall be an executive Department
with general
responsibility over the documents and papers of the University Student Council
and of its internal communications, whose Director shall be named the
Secretary General, and shall have the following powers and duties:
(e)
keep all the minutes of the meetings and proceedings of the University
Student Council;
(f)
prepare internal memorandums, letters, and other documents;
(g)
report and update the University Student Council regarding its
activities and involvements; and
(h)
execute other such powers and duties vested by law or by the
University Student Council.
Section 7.
The Department of Finance shall be an executive Department with
general responsibility over the finances and budget of the University Student
Council, and shall have the following powers and duties:
(a)
keep a record together with the supporting documents (official
receipts, invoices, contracts, deposit and withdrawal slips, etc.) of
all financial transactions of the University Student Council;
(b)
keep and replenish a petty cash fund whenever necessary;
(c)
ensure that all disbursements are justifiable and authorized;
(d)
update the financial status of the Council and present a financial
report when requested;
(e)
prepare the financial statement of the Council every end of semester;
and
(f)
execute such powers and duties vested by law or by the University
Student Council.
Section 8.
The Department of Events Management shall
be an executive
Department with general responsibility over the management and execution of
events of the University Student Council, and shall have the following powers
and duties:
(a)
create events in accordance to the advocacies of the University
Student Council;
(b)
prepare the calendar of events of the Council;
(c)
delegate tasks to the Council and its staff for the events identified
by the department;
(d)
ensure event orientations are administered to the Council;
(e)
prepare necessary documents for events; and
(f)
execute other such powers and duties vested by law or by the
University Student Council.
Section 9.
The Department of Logistics shall be an
executive Department with
general responsibility over the logistics and material properties of the
University Student Council, and shall have the following powers and duties:
(a)
act as the custodian of the properties, materials, and equipments of
the University Student Council;
(b)
keep and control the inventories and supplies of the University
Student Council;
(c)
submit a quarterly inventory report to the Office of Student Affairs;
(d)
canvass prices and quality of materials and equipments as may be
needed;
(e)
coordinate with concerned offices regarding venues, facilities,
equipment, and other logistical concerns; and
(f)
execute other such powers and duties vested by law or by the
University Student Council.
Section 10.
The Department of Community Extension Services shall be an
executive Department with general responsibility over the establishment and
maintenance of community-supporting services and activities, and shall have
the following powers and duties:
(a)
create activities based on the reports of the Office of the Solicitor
General and of other offices and departments;
(b)
offer assistance for essential services of the council and of the
other offices of the University;
(c)
lead outreach and community extension programs inside and outside the
University; and
(d)
execute other such powers and duties vested by law or by the
University Student Council.
Section 11.
The Department of External Communications
shall be an executive
Department with general responsibility over communications and relations with
the public and other entities, and shall have the following powers and duties:
(a)
coordinate with student publications on the activities publicized by
the University Student Council in accordance with Article XIII;
(b)
speak on behalf of the University Student Council to the public under
the supervision of the President;
(c)
prepare external letters, memorandums, and other documents; and
(d)
establish a multimedia arts and creatives team that will create the
publication materials of the council.
(e)
execute other such powers and duties vested by law or by the
University Student Council;
Section 12.
The Department of Human Resources shall
be an executive Department
with general responsibility over the recruitment, retention, and evaluation of
the University Student Council’s officers and staff, and shall have the
following powers and duties:
(a)
gather all important personal information of all University Student
Council officers and staff and secure a record thereof only for useful
purposes concerning Council operations;
(b)
plan, organize, and conduct recruitment of staff to supplement the
workforce of the executive Departments;
(c)
plan, organize, and conduct necessary trainings, seminars, and
educational discussions for leadership enhancement of the officers and
staff;
(d)
design and spearhead internal peer evaluations of all officers and
staff;
(e)
design and spearhead public evaluations of all officers, individually
and collectively;
(f)
administer evaluations for the events spearheaded by the Council; and
(g)
execute other such powers and duties vested by law or by the
University Student Council.
Section 13.
(a)
In case of vacancy in the office of President, the Vice President
shall become the President for the remainder of the term.
(b)
In case of vacancy in the office of Vice President, the Director with
the highest number of votes in the previous regular election shall
become the Vice President for the remainder of the term.
(c)
In case of vacancy in the office of Director, the Commission on
Elections shall proclaim the unelected candidate for the office of
President, Vice President, or Director in the previous regular
election who obtained the highest number of votes shall become a
Director; provided, if there is no such candidate, the President shall
appoint a person to such office.
IV.
College Student Councils
Section 1.
The collegiate executive power shall be
vested in the College
Student Councils, for each College, composed of a Governor, a Vice Governor,
Councilors, and other officers.
Section 2.
The College Committees shall be headed
by a Councilor who reports
to the Vice Governor, and shall include the following:
(a)
The Committee of Communications;
(b)
The Committee of Finance;
(c)
The Committee of Events Management and Logistics;
(d)
The Committee of Community Extension Services; and
(e)
The Committee of Human Resources.
Section 3.
Should a College have a student population
of more than one
thousand students, the following Committees shall be split:
(a)
The Committee of Communications shall be split into the Committee of
Internal Communications and the Committee of External Communications;
and
(b)
The Committee of Events Management and Logistics shall be split into
the Committee of Events Management and the Committee of Logistics.
Section 4.
Unless otherwise specified by law, the functions and duties of each
Committee shall mirror those of their executive Department counterparts, with
the necessary substitutions, insofar as they are applicable within the College
Student Council, including the following:
(a)
The counterpart of the Secretariat shall be the Committee of Internal
Communications or, if Section 3 is not applicable, the Committee of
Communications; and
(b)
The counterpart of the Department of Events Management and the
Department of Logistics shall be, if Section 3 is not applicable, the
Committee of Events Management and Logistics.
Section 5.
(a)
In case of vacancy in the office of Governor, the Vice Governor shall
become the Governor for the remainder of the term.
(b)
In case of vacancy in the office of Vice Governor, the Councilor with
the highest number of votes in the previous regular election shall
become the Vice Governor for the remainder of the term.
(c)
In case of vacancy in the office of a Councilor, the Commission on
Elections shall proclaim the unelected candidate for the office of
Governor, Vice Governor, or Councilor in the previous regular election
who obtained the highest number of votes shall become a Councilor;
provided, if there is no such candidate, the Governor shall appoint a
person to such office.
V.
Class Presidents’ League
Section 1.
There shall be a Class Presidents' League
in each College, composed
of the presidents of each block section and headed by the Governor of the
respective College Student Council.
Section 2.
The Class Presidents’ League shall serve
as an official link
between the College Student Council and their respective constituents, as an
avenue for the College Student Council to communicate its programs and
activities, resolutions and other matters concerning students, and as a means
for the students of the College to raise their needs and concerns to the
College Student Council.
Section 3.
The Governor shall have the power to organize
the leadership and
officers of the Class Presidents’ League;
provided,
any leaders or officers
shall be from the membership of the League.
Section 4.
The Governor shall convene a meeting of the Class Presidents’
League on a monthly basis, and as necessary thereafter.
Section 5.
Each block section shall choose their officers, which shall at
least include the class president who shall be a member of the Class
President’s League.
VI.
Office of the Solicitor General
Section 1.
There shall be an Office of the Solicitor General, composed of the
Solicitor General and the Associate Solicitors General.
Section 2.
The Office of the Solicitor General shall
be responsible for
studying, recording, and processing of student grievances, such as but not
limited to:
(a)
academic concerns;
(b)
student-employee relations;
(c)
student welfare and development;
(d)
concerns on facilities and equipment; and
(e)
other grievances and concerns.
The Office of the Solicitor General shall identify the appropriate action, or
refer and endorse student grievances to the administrative offices of Holy
Angel University, or both.
Section 3.
Each College Student Council shall appoint,
without the power of
removal, from their College one Associate Solicitor General.
The President shall appoint, without the power of removal, the Solicitor
General from the list of appointed Associate Solicitors General.
Section 4.
The term of office of the Solicitor General and the Associate
Solicitors General shall be one academic year, and shall commence on the first
day of the academic year for which they are appointed.
No Solicitor General or Associate Solicitor General shall serve for more than
two terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of their service for
the full term they are appointed.
VII.
University Senate
Section 1.
The legislative power shall be vested in
the University Senate, the
unicameral legislature of the Government, which is composed of Senators, one
elected each from the Colleges and an equal number of Senators elected
at-large.
All bills, resolutions, laws, and other forms of activities in exercise of the
legislative power of the Senate shall cover and shall be limited on the
boundaries of the operations of the
University Student
Government.
Section 2.
The Senate shall elect the Senate President
by an absolute majority
vote of the Senators. The Senate shall choose such other officers it may deem
necessary.
Section 3.
The Senate shall determine the rules of
its proceedings, establish
its standing committees, and create sanctions for its members and staff for
disorderly behavior, through a document for its rules of procedure that will
be ratified with a three-fourths majority of all the Senators.
Section 4.
The Senate shall keep a Journal of its
proceedings, which shall be
published regularly. The ayes and nays of votes shall be entered into the
Journal.
Section 5.
The Senate shall create a special committee that identifies and
redacts sensitive and confidential information discussed on all legislative
meetings before public consumption. Sensitive and confidential information
shall scope:
(a)
personally-identifiable information as defined by Republic Act 10173,
otherwise known as the Data Privacy Act of 2012;
(b)
information protected by non-disclosure agreements;
(c)
sources of quoted statements from internal evaluations screened by the
High Court for the consumption of a legislative discussion; and
(d)
names of the petitioners and respondents of quoted cases or
disciplinary proceedings from Holy Angel University.
Section 6.
The Senate shall meet for two regular sessions, one in the first
semester and one for the second semester, and shall continue to be in session
for a period of days as it may determine until fourteen days before the end of
the semester.
The Senate President or one-fourth of the Senators may call for a special
session or emergency meeting of the Senate.
Section 7.
There shall be no closed-door sessions
to be scheduled or organized
by the Senate.
Section 8.
All bills shall embrace only one subject,
which shall be expressed
in its title.
Section 9.
All bills shall be deliberated on three
readings, and a copy shall
be furnished to the Senators three business days before each reading by the
Senate. On the last reading, no amendment shall be entertained, and the vote
shall be taken immediately thereafter.
Section 10.
All bills passed by a two-thirds majority
of the Senate shall be
published, and presented to the High Court to test its constitutionality for
three to five consecutive business days.
Section 11.
If the bill was certified to be constitutional by the High Court,
the bill shall be endorsed to the President to either approve or veto the
bill.
If the bill was approved by the President, the bill shall become a law. If the
bill was vetoed by the President, they shall return the bill to the Senate
with their objections.
Section 12.
The Senate, upon receipt of the vetoed
bill, may override the veto
through the approval of the three-fourths majority of all of the Senators.
Section 13.
If the President takes no action on a bill within fourteen
calendar days of its date of receipt from the High Court, it shall become a
law as if they had signed it.
Section 14.
(a)
In case of vacancy in the office of a Senator elected from the
Colleges, the Commission on Elections shall proclaim the unelected
candidate for the office of a Senator elected from their College in
the previous regular election who obtained the highest number of votes
or, if there is no such candidate, the Governor shall nominate
a
a
ny
person
to serve such office
; provided, the Governor shall consult with
the College Student Council before a nomination of a person other than
an unelected candidate.
(b)
In case of vacancy in the office of a Senator elected at-large, the
Commission on Elections shall proclaim the unelected candidate for the
office of a Senator elected at-large in the previous regular election
who obtained the highest number of votes or, if there is no such
candidate, the President shall nominate
a
any
person
to serve such
office
; provided, the President shall consult with the University
Student Council before a nomination of a person other than an
unelected candidate.
(c)
Nominations made under the provisions of this section shall require
the approval of the Senate by an absolute majority vote before their
appointment.
VIII.
High Court
Section 1.
The judicial power shall be vested in a
High Court, which is
composed of a Chief Justice and the Associate Justices.
Section 2.
The High Court shall have the following
powers and duties:
(a)
Exercise original jurisdiction over cases where no lower tribunal has
original jurisdiction as provided by law, and over petitions of
certiorari, prohibition, mandamus, quo warranto, and other writs;
(b)
Review, revise, reverse, modify, or affirm on appeal or certiorari, as
the law or the Rules of Court may provide, final judgments and orders
of lower tribunals or agencies
;
(c)
Issue any and all writs necessary and appropriate in aid of their
jurisdiction;
(d)
Answer certified questions regarding the constitutionality, validity,
or interpretation of laws or executive issuances;
(e)
Promulgate rules concerning the administration of justice, pleading,
practice, and procedure in all tribunals. Such rules however shall not
diminish, increase, or modify substantive rights, constitutional
provisions of the Government, and existing policies governing student
discipline in the Philippines and in Holy Angel University. Rules of
procedure of lower tribunals shall remain effective unless disapproved
by the High Court;
(f)
Appoint and supervise the officials and personnel of the Judiciary;
and
(g)
Open cases on its own initiative as necessary for the facilitation of
justice.
Section 3.
The President shall appoint the Chief Justice
and the Associate
Justices from a list of at least three nominees prepared by the Senate;
provided
, the President may instead appoint the Chief
Justice from among the
Associate Justices. The Chief Justice shall be the highest-ranking position on
the High Court.
The number of the Associate Justices of the High Court shall be seven.
Any vacancy shall be filled within thirty days from the occurrence thereof.
Section 4.
The High Court may organize itself into
divisions to hear cases and
petitions;
provided
, decisions of a division of the
High Court are appealable
to the High Court
en banc
.
Section 5.
Members of the High Court shall enjoy tenure
during their
continuous stay at the University, and shall not be removed unless they lose
their qualifications.
Section 6.
The
M
m
embers and staff of the High Court shall not have any
affiliation to any political party prior and during their service.
Section 7.
There shall be a formal deliberation for
every case submitted to
the High Court before the writing of the opinion of the High Court by the
member assigned to it. Any Members who took no part, or dissented, or
abstained from a decision or resolution, must state their reason.
The formal deliberation shall discuss clearly and distinctly the facts and the
law on which an argument was based.
Section 8.
No petition or motion for reconsideration of a decision of the High
Court shall be refused or denied without stating its legal basis.
Section 9.
The Chief Justice shall represent the student government in the
Board of Discipline hearings of the Office of Student Affairs. In the
unavailability of the Chief Justice, they may be assigned from the pool of
available Associate Justices for the hearing.
Section 10.
The High Court shall draft rules of procedure
that shall include
the processing decisions towards cases or matters that need the attention of
the High Court as required by this Constitution. It shall also detail all the
necessary documents that signifies internal and external communication,
essential to the operations of the court.
The rules and procedures shall be ratified by the Senate, and by the President
and the Governors in an assembly called for that purpose.
Section 11.
There shall be a High Court Secretariat,
under the supervision of
the High Court and headed by a Chief Clerk, which shall assist the High Court
in overseeing the court's administration, such as managing the flow of cases
through the court, keeping records, handling internal and external
communication involving the High Court, and organizing platforms of reception
of cases and appeals from the public and from the Government.
The Chief Clerk shall be appointed by the Chief Justice with the approval of
the High Court en banc.
Section 12.
If a matter involves a violation of the
College Student Handbook
that is not related to the operations of the Government, the High Court shall
immediately refer the case to the Holy Angel University Office of Student
Affairs.
Section 13.
The High Court shall be responsible to proactively react on
student issues that have attracted the attention of the general public
relating to the constitutional duties of the Government, including the
publication of written statements for the education of the public regarding
the processes.
IX.
Constitutional Commissions
Section 1.
The independent Constitutional Commissions are the Commission on
Elections, the Commission on Financial Audit, and the Commission on Student
Organizations.
Section 2.
Each Commission en banc may promulgate its own rules concerning
pleadings and practice before it or before any of its offices. Such rules
however shall not diminish, increase, or modify substantive rights,
constitutional provisions of the Government, and existing policies governing
student activities in the Philippines and in Holy Angel University.
Section 3.
Each Commission shall decide by a majority
vote of all its Members
any case or matter brought before it within sixty days from the date of its
submission for decision or resolution. A case or matter is deemed submitted
for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission
itself. Unless otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be brought to the High Court
on certiorari by the aggrieved party within thirty days from receipt of a copy
thereof.
Section 4.
The Members of the Constitutional Commissions,
excluding the
Commission on Student Organizations, shall not have any affiliation to any
political party.
X.
Student Organizations
Section 1.
There shall be a Commission on Student
Organizations, composed of
Commissioners as representatives of the student organizations and a non-voting
adviser, and headed by a Chairman, which shall be the central forum for
cooperation and collaboration between the student organizations, and for their
collective representation to the Government and other entities.
Section 2.
(a)
The President shall convene the heads of the University-wide student
organizations, witnessed by a representative of the Commission on
Elections, to elect a Commissioner representing the University-wide
student organizations to the Commission on Student Organizations.
(b)
The Governors shall convene the heads of the student organizations of
their College, witnessed by a representative of the Commission on
Elections, to elect a Commissioner representing the student
organizations of their College to the Commission on Student
Organizations.
(c)
The Commissioner representing the student organizations shall come
from the membership of those student organizations, which may include
their officers, but shall not include the head of the student
organization. Each student organization shall nominate one candidate
for the election held under this section. The election of a
representative shall not cause the termination of the membership or
office of that person in their respective student organization.
(d)
The President and the Governors shall convene the heads of the student
organizations at the beginning of the academic year and within
fourteen days of the occurrence of a vacancy on the Commission.
Section 3.
The adviser of the Commission shall be
the Student Activities
Coordinator of the Office of Student Affairs who shall have no vote but shall
act as the parliamentarian of their meetings, and shall be present in all of
its meetings.
In the temporary absence of the Student Activities Coordinator, the Office of
Student Affairs may designate a representative to act as adviser in the
interim.
Section 4.
The Members of the Commission on Student
Organizations shall meet
before the start of the first semester of the academic year, and shall elect
during that meeting from among themselves a Chairman, who shall serve
concurrently as Commissioner, to moderate and maintain the administrative
affairs of the Commission, which shall be witnessed by a representative of the
Commission on Elections.
Section 5.
The term of office of the Commissioners
shall be one academic year,
which shall end before the first day of the next academic year.
Section 6.
The Chairman of the Commission shall act
as the liaison between the
student organizations and other offices and entities of the University. They
shall collect the general concerns of the student organizations that need the
attention of the entities around the conduct of student activities at Holy
Angel University.
Section 7.
The Commission shall assist the Office
of Student Affairs Student
Activities Coordinator in all procedures relating to accreditation of student
institutions.
Section 8.
The Commission shall establish an official
gazette for the
Commission, named the Student Lens, which shall collaborate with the Office of
Student Affairs to collect the narrative reports of all student activities of
all student institutions and of the Government and present the same to the
public.
XI.
Financial Management
Section 1.
The audited financial statements of student
institutions shall be
made available to the public, and all financial records shall at all times be
accessible to the Commission on Financial Audit.
Section 2.
There shall be a Commission on Financial
Audit, composed of no less
than three and no more than seven Commissioners; provided that the
Commissioners should come from the Junior Philippine Institute of Accountants
and Auditors - United Inc. (JPIAA-U) or the equivalent organization.
Section 3.
The Commission on Financial Audit shall
have the power and mandate
to examine and audit the financial records of student institutions, which
shall include the Government, and shall have the exclusive authority to define
the scope of its financial audit and examinations, establish the techniques
and methods for such, promulgate accounting and auditing rules and
regulations, and establish guidelines through an audit handbook.
Section 4.
The JPIAA-U Vice President for Audit or
the equivalent position
shall be the Chairman of the Commission, who shall serve concurrently as
Commissioner.
In case the character of the Vice President for Audit or the equivalent
position is put into question in a formal investigation or is found guilty of
a major offense, or in case the accreditation of the JPIAA-U or the equivalent
organization was suspended, the Student Activities Coordinator of the Office
of Student Affairs shall have the power to terminate the Chairman and appoint
a Chairman
pro tempore
.
Section 5.
The Chairman of the Commission shall have the power to appoint and
remove the Commissioners.
Section 6.
(a)
No law shall be passed that encompasses the purview of the Commission
on Financial Audit, as certified by its Chairman, without its advice
and concurrence.
(b)
No law shall be passed exempting any student institution from the
jurisdiction of the Commission on Financial Audit.
Section 7.
If a Commissioner working under the Commission
on Financial Audit
finds probable cause of financial fraud in its audit of an institution, it
shall immediately inform the Commission on Financial Audit en banc who shall
then have the discretion to conduct an investigation.
Section 8.
The Commission on Financial Audit shall
select and designate a
receipts supplier, which may be the same as the Commission on Financial Audit,
and which shall exclusively supply all blank official receipts, acknowledgment
receipts, and petty cash vouchers for use of the Government and and other
student institutions.
The Government and other student institutions shall not obtain or use blank
receipts supplied by any other source other than the receipts supplier.
Section 9.
No acknowledgement receipt shall be valid
unless signed by the
institution’s finance officer, the institution’s head, and the institution’s
adviser, and signed with name by the receiver and payer of the transaction.
Institutions may request for additional amounts of blank receipts and petty
cash vouchers from the receipts supplier, upon submission of:
(a)
an outline of planned activities, including the projected amount of
sales, within the first three weeks of a semester; or
(b)
the outline of a planned activity, including the project amount of
sales, at least two months before the actual date of the event.
Section 11.
Any expense over three thousand pesos, or a larger amount as may
be established by the Commission on Financial Audit, shall require the
inclusion of the contact information of the supplier or payee in the financial
statement.
Section 12.
Institutions under the jurisdiction of
the Commission on Financial
Audit may opt to be audited by a Certified Public Accountant instead of by the
auditing partner of the Commission;
provided
, a copy
of the Certified Public
Accountant’s communications and reports shall be furnished to the Commission
on Financial Audit.
Such institutions shall bear the costs of the Certified Public Accountant.
Section 13.
The JPIAA-U or any equivalent organization,
as the audit partner
of the Commission, shall ask for the assistance of an external auditor for
their own financial statement and shall submit the results of the audit to the
Office of Student Affairs on the same deadline they are required by the
Securities and Exchange Commission, in accordance with the provisions of
Section 12.
XII.
Elections
Section 1.
The regular election period shall be identified
by the Office of
Student Affairs and shall be no earlier than the midterm period and no later
than the final period of the second semester of the academic year.
Section 2.
Elective executive and legislative positions of the Government
shall be elected by popular vote through a secret ballot.
Section 3.
There shall be one winner for each of the following executive
positions:
(a)
The President;
(b)
The Vice President;
(c)
The Governors; and
(d)
The Vice Governors
Section 4.
For the election of Directors, the number
of winners shall be based
on the number of executive Departments, and shall be elected at-large.
No Director-elect shall serve and be sworn in to office unless they have been
assigned to a Department.
Section 5.
For the election of Councilors, the number
of winners shall be
based on the number of Committees, and shall be elected at-large in their
respective Colleges.
No Councilor-elect shall serve and be sworn in to office unless they have been
assigned to a Committee.
Section 6.
No person shall run for office if they
have less than one academic
year of residency remaining for their degree program at the start of the
academic year they shall serve in;
provided
, the residency
of students
enrolled in a double-degree program shall be based on the second degree.
Section 7.
There shall be a Commission on Elections,
composed of a Chairman, a
non-voting advisor, and Commissioners representing the Colleges and the
University as a whole.
The Commission shall have the exclusive power and mandate to: direct,
organize, and supervise elections, referenda, and plebiscites; verify the
qualifications of elected or appointed officials; maintain the official list
of elected officials; and register and administer political parties,
alliances, and coalitions.
Section 8.
No appointment, automatic or discretionary,
to an elective office
shall be valid unless and until the appointee’s qualifications are verified by
the COMELEC.
Section 9.
The non-voting adviser of the COMELEC shall be
ex officio
a
representative designated by the Director of the Office of Student Affairs. In
the absence or unavailability of the designated representative, the Student
Activities Coordinator shall act as adviser
pro tempore
.
Section 10.
The election code shall be written by
the Commission on Elections
and shall be ratified by the President and Governors in an assembly called for
that purpose, the Senate, and the High Court.
The election code shall detail the election procedures, guidelines and
sanctions, and the appointment of Commissioners, and other support staff.
Section 11.
There shall be an Electoral Tribunal under
the Commission on
Elections, composed of Commissioners as provided for by the Commission on
Elections, which shall have exclusive original jurisdiction on any dispute
arising from matters relating to elections, referenda, and plebiscites, except
for the right to vote.
XIII.
Political Party Systems
Section 1.
The right of students to organize and form
political parties shall
be recognized and respected by the Government.
The Commission on Elections shall administer and regulate the accreditation of
political parties. No political party shall operate within the University
unless accredited by the Commission.
Section 2.
The applications for accreditation of political parties shall be
open any time of the year and shall be processed by the Commission on
Elections no later than thirty days after the receipt of the application.
Section 3.
Political parties shall be allowed to organize
or participate only
during the following activities beyond the election period as set by the
Commission on Elections:
(a)
Freshman orientations;
(b)
The Student Activity Festival;
(c)
Orientations of newly recruited political party members;
(d)
Meetings of the political party; and
(e)
Activities that exercise the right to freedom of speech and
expression.
Section 4.
Their onsite activities shall be limited
to recruiting, orienting,
and recalibrating political party members and shall not conduct any acts of
premature campaigning in preparation for the next elections.
Section 5.
All onsite recruitment interviews and meetings
shall be limited to
closed-door venues and shall be witnessed by a representative of the
Commission on Elections.
Section 6.
No off-campus activities shall be organized
by political parties.
Section 7.
Except during the campaign period as designated
by the Commission
on Elections, no online public events shall be organized by the political
parties.
Section 8.
All activities of every political party
shall comply with the
guidelines in the conduct of on-campus student activities of the Office of
Student Affairs.
XIV.
Government and Press Relations
Section 1.
A collaborative relationship must be maintained between the
Government and the student publications for the common good of the University
studentry.
Section 2.
No law shall be passed that limits or diminishes the right of
student journalists to reach out to any public official for interviews and
consultations.
Section 3.
The Department of External Communications and the equivalent
Committee of the College Student Councils shall establish and maintain
communications with the press community.
Section 4.
The Director for External Communications
shall appoint a university
press secretary, who shall handle official communications between the
University Student Council and the press. The Director may designate
themselves to concurrently serve as press secretary.
Section 5.
The Councilor for External Communications
or the Councilor for
Communications shall appoint a college press secretary who shall handle
official communications between the College Student Council and the press. The
Councilor may designate themselves to concurrently serve as press secretary.
Section 6.
The press secretary shall organize at least
two press conferences
during every semester, in separate academic periods. The press secretary shall
be held accountable for failure to conduct the mandatory amount of press
conferences during the semester.
For the University Student Council, invitations to the press conferences shall
be extended to all tertiary-level student publications.
For the College Student Councils, invitations to the press conferences shall
be extended to the student publications of their respective Colleges. The
College Student Council may extend those invitations to other tertiary-level
student publications.
Section 7.
The University Student Council and the
College Student Councils
shall publish without undue delay all important announcements to the general
public, which shall include:
(a)
Major accomplishments of public importance;
(b)
Calendar of events, whether semestral or for the whole academic year;
(c)
Priorities of the Government in at least the next three months;
(d)
Priority bills the President or the Governor endorsed to the Senate;
and
(e)
Other important announcements as provided by law.
Section 8.
The Senate shall publish without undue delay in accordance with law
the following documents, papers, and information:
(a)
List of priority bills for this semester;
(b)
The order of business for all sessions;
(c)
Major accomplishments;
(d)
Senate journal;
(e)
Filed bills; and
(f)
Approved laws.
Section 9.
The High Court shall publish without undue
delay in accordance with
law the following documents, papers, and information:
(a)
List of cases and proceedings;
(b)
Court decisions;
(c)
Jurisprudence; and
(d)
Court calendar.
Section 10.
The Commission on Elections shall publish
without undue delay in
accordance with law the following documents, papers, and information:
(a)
Appointment and resignation letters;
(b)
Major accomplishments;
(c)
Calendar of events;
(d)
Public memorandum;
(e)
List of Certificate of Candidacy submissions;
(f)
List of qualified candidates for the election; and
(g)
Election results.
Section 11.
The Commission on Student Organizations
shall publish without
undue delay in accordance with law the following documents, papers, and
information:
(a)
Accreditation file for all student institutions without
personally-identifiable information; and
(b)
Post-event submissions.
Section 12.
The Commission on Financial Audit shall
hold a press conference on
the release of copies of the financial statements of all student institutions
to the public.
Section 13.
Public officials have the right of consent to the release of any
statement outside of a formal interview or platforms of communication.
However, this right to consent does not apply to public and official
statements, where waiver of consent is implied, which shall be but not limited
to:
(a)
Official business correspondence;
(b)
Statements made in press conferences;
(c)
Public speeches;
(d)
Public statements made by public officials published through official
channels or platforms of communication.
XV.
Offenses and Sanctions
Section 1.
No person shall be held to answer for an
offense without due
process of law.
Section 2.
In all prosecutions, the accused shall
be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by the counsel,
to be informed of the nature and cause of the accusation against them, to have
an impartial trial, and to have compulsory process to the production of
evidence in their behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused;
provided,
that they have been duly
notified and their failure to appear is unjustifiable.
Section 3.
No ex post facto law or bill of attainder
shall be enacted.
Section 4.
Serious offenses are acts which involve
grievous violations of law
which may cause great damage to property and persons or be morally repugnant
or obscene, and shall include the following:
(a)
Willful violation of this constitution;
(b)
Gross negligence of duties;
(c)
Three consecutive unauthorized absences in the required activities of
the Government;
(d)
Misrepresentation of the Government and/or designated position/office;
(e)
Severe or chronic abuse of discretion or authority;
(f)
Malversation and/or misappropriation of finances;
(g)
Forgery, falsification, or tampering of official Government or
University records or papers;
(h)
Willful destruction of property;
(i)
Obstruction of justice;
(j)
Contempt of court;
(k)
Violations of the College Student Handbook considered as Class A
offenses, as determined by the Office of Student Affairs;
(l)
Alarm and scandal of lawful proceedings of a body of Government or a
Constitutional Commission;
(m)
Third time of committing a petty offense; and
(n)
Other acts as provided by law.
Section 5.
Petty offenses are acts which involve violations
of law which do
not rise to the level of a serious offense, and shall include the following:
(a)
Interruption of lawful proceedings of a body of Government or a
Constitutional Commission;
(b)
Failure to deliver duties and responsibilities on time either without
notification or without acceptable reasons causing minor interruption
or damage to Government operations;
(c)
Violations of the College Student Handbook considered as Class B
offenses, as determined by the Office of Student Affairs; and
(d)
Other acts as provided by law.
Section 6.
Upon conviction of an offense by a court, the following sanctions
may be applied upon the discretion of the court:
(a)
A written warning;
(b)
Community service, whose duration shall be no less than 20 hours;
(c)
Temporary suspension from office;
(d)
Indefinite suspension from office;
(e)
Termination from office; and
(f)
Other sanctions as provided by law, the College Student Handbook, the
Student Activities Manual, and existing laws and statutes of the
Philippines.
Section 7.
An officer of the Government found guilty
of a serious offense
shall be terminated immediately after the decision.
Section 8.
Should a person be sanctioned with termination
from office by order
of the court, they shall be permanently disqualified to run for or hold future
office in any capacity.
XVI.
General Provisions
Section 1.
The following are considered public officials:
(a)
The members of the University Student Council, including the
President, the Vice President, and the Directors of the executive
Departments;
(b)
The members of the College Student Council, including the Governor,
the Vice Governor, and the Councilors;
(c)
The Solicitor General and the Associate Solicitors General;
(d)
The Senators;
(e)
The Members of the High Court;
(f)
The Members of the Constitutional Commissions; and
(g)
All other officers serving in an important and public capacity.
Section 2.
In addition to other such qualifications within this Constitution
for specific offices, no person shall serve as a public official unless they:
(a)
are enrolled in an undergraduate degree program of the University;
(b)
have not been sanctioned for a major disciplinary offense;
(c)
have no more than two failed units in the previous and current
semester at the time of election; and
(d)
have at least one semester residency in their college and degree
program.
Section 3.
Unless otherwise specified in this Constitution, the term of office
of elected public officials shall be one academic year, and shall commence on
the first day of the academic year following their election.
No public official shall serve for more than two terms in the same position.
Voluntary renunciation of a public official’s office for any length of time
shall not be considered as an interruption in the continuity of their service
for the full term they are elected or appointed.
Section 4.
No person shall serve in any office, appointed
or elected, under
the Government or in the Constitutional Commissions unless they swear an oath
of office, administered by the Members of the High Court or by other officials
as may be provided by law, which shall at least include the following
declarations:
(a)
That they will support and defend this Constitution;
(b)
That they shall faithfully execute the duties of their office; and
(c)
That they take this obligation freely and voluntarily, without mental
reservation or purpose of evasion.
Any person required to swear an oath may instead swear an affirmation, which
shall be considered equal to an oath.
Section 5.
No person shall serve in more than one office in the Government or
in the Constitutional Commissions.
Section 6.
No person serving in office in the Government shall serve more than
one office outside of the Government, including in any student institutions.
No person serving in office in the Government shall serve as the head of any
student institution.
Section 7.
No person serving in office in the Government shall serve a
position on a student publication.
Section 8.
Vacancy in an office of the Government shall be recognized upon the
resignation, removal from office, permanent disability, or death of its
incumbent.
Section 9.
Any unelected candidate considered for
appointment to an office by
virtue of vacancy thereof who refuses such appointment shall thereafter not be
considered for such appointment.
Section 10.
Staff and personnel of the Government shall not be removed unless
for cause and with due process;
provided
, the right
of the Government to
subject their staff and personnel to disciplinary proceedings and measures
shall not be impeded.
Section 11.
Unless otherwise specified, the summer
semester shall be
considered as an extension of the second semester.
Section 12.
An appointed or elected officer must have
at least four months of
service during their term to be considered as having served their term for the
purposes of certifying their service.
XVII.
Amendments and Revisions
Section 1.
An amendment to this Constitution shall
be any alteration of any
provision of this Constitution that does not alter the whole principle of this
Constitution.
Section 2.
A revision of this Constitution shall be
any alteration of any
provision of this Constitution that does alter the whole principle of this
Constitution shall be referred to as a revision.
Section 3.
Any amendment to, or revision of, this Constitution may be proposed
by:
(a)
The Senate, upon a three-fourths vote of all the Senators;
(b)
The President and the Governors, upon a three-fourths vote in an
assembly called for that purpose;
(c)
The High Court, upon a three-fourths vote of all its Members; or
(d)
A constitutional convention.
Section 4.
A constitutional convention shall be composed of delegates
representing all sectors of the University studentry, and delegates from the
Office of Student Affairs, and may be called by:
(a)
The Senate, upon a three-fourths vote of all the Senators; or
(b)
The President and the Governors, upon a three-fourths vote in an
assembly called for that purpose.
Section 5.
An amendment to, or revision of, this Constitution
under the
provisions of Section 3 shall be approved by a three-fourths majority vote of
an assembly consisting of:
(a)
The Senators;
(b)
The President;
(c)
The Governors;
(d)
The Members of the High Court; and
(e)
The Chairmen of the Constitution Commissions.
Section 6.
An amendment to this Constitution shall
be valid and ratified when
approved under the provisions of Section 5.
Section 7.
A revision of this Constitution shall be
valid when approved under
the provisions of Section 5, and ratified by a majority of the votes cast in a
plebiscite, which shall be held not earlier than seven days or not later than
thirty days after the approval of such amendment or revision under Section 5.
Section 8.
A ratified and valid amendment to, or revision
of, the Constitution
shall take effect immediately, unless otherwise specified in the amendment or
revision.
XVIII.
Transitory Provisions
Section 1.
References to officers specified as “newly-elected” shall refer to
the persons elected to those positions of the previous Constitution in force
in the election held immediately before the ratification of this
Constitution.
Section 2.
(a)
The newly-elected President shall continue in office as the President.
(b)
The newly-elected Vice-President for Internal Affairs and the
newly-elected Vice-President for External Affairs shall both continue
in office as concurrently serving in the office of Vice President, and
shall be entitled to style themselves as whatever title they deem
necessary to differentiate themselves; provided, they shall decide
among themselves who shall be first in succession to the office of
President.
(c)
The newly-elected Senators of the University Student Council shall
become Directors-at-Large of the University Student Council, who shall
head no department but shall execute the powers and duties assigned by
the Vice Presidents and the University Student Council.
(d)
The Directors-at-Large as designated in the previous paragraph may be
appointed by the President, with their consent, as the Directors of
the executive Departments.
Section 3.
(a)
The newly-elected Chairpersons and Vice-Chairpersons of the College
Student Councils shall become the Governors and Vice Governors of the
College Student Councils, respectively.
(b)
The newly-elected Councilors of the College Student Councils shall
become Councilors-at-Large of their College Student Council, who shall
head no ministry but shall execute the powers and duties assigned by
the Vice Governor and the College Student Council.
(c)
The Councilors-at-large as designated in the previous paragraph may be
appointed by the Governor, with their consent, to head a Committee.
Section 4.
For the academic year immediately after
this Constitution’s
ratification, the President and the Governors shall have the power to
reorganize their respective Councils, including the establishment of new
Departments and Committees, and the appointment of Directors-at-Large and
Ministers-at-Large to senior positions under a Department or Committee.
Section 5.
The College Student Councils, upon the ratification of this
Constitution, shall appoint the following, subject to the qualifications of
those offices:
(a)
the Associate Solicitor General, pursuant to Section 3 of Article V;
(b)
a Senator to serve at-large, who may be from any College; and
(c)
a Senator to serve their College, from their respective College.
Section 6.
For the academic year immediately after this Constitution’s
ratification, the Student Councils shall not have the power to appoint
Directors or Councilors unless the number of officers is less than specified
by this Constitution.
Section 7.
The Chairman and the Commissioners of the
University Student
Elections Commission shall continue in office as the Chairman and
Commissioners of the Commission on Elections.
Section 8.
For the academic year immediately after this Constitution’s
ratification, the Members of the Commission on Elections shall be authorized
to administer oaths under Section 4 of Article XV.
Section 9.
All properties, records, equipment, buildings,
facilities, and
other assets of any office or body abolished or reorganized under this
Constitution shall be transferred to the office or body to which its powers,
functions, and responsibilities substantially pertain.
Section 10.
The President, the Governors, the Senate President, the Chief
Justice, and the Chairmen of the Constitutional Commission shall identify, if
necessary, an amount to propose for collection of fees that will be the source
of budget of their Government bodies to present in the Senate, which shall
require ratification of the two-thirds majority of the class presidents. Fund
collection shall start in the academic year in which the first regular
election under this Constitution is held.
Section 11.
Upon its ratification, this Constitution
shall take effect on the
first day of the academic year after its ratification, unless otherwise
specified by a proclamation of the University Student Council President within
two months before the first day of the academic year after ratification.
Adonis Cayanan
Kenneth De Guzman
Floor Officer
Floor Officer
Emmanuel Manalastas
Co-Chairman (USC)
Keanu Q. Malig
Khrestan Reign G. Silva
Chairperson, 2324 CSC-SEd
Vice - Chairperson, 2324 CSC-SEd
Clarence Khian C. Torres
Valery Grace Guerrero
Chairperson, 2324 CSC-SEA
Vice - Chairperson, 2324 CSC-SEA
Shejanira S. Arcilla
President, 2324 University Student Council
Acknowledged by: