For comments and suggestions ( feel free also to propose a SEAL for the Graduate School Student Council and meaning of the symbols, please refer to Article I, Section 4 & 5 - proper recognition and prizes await winning entries- you may consider the UA seal and UA CBM seal in designing and defining the symbols). We will finalize this draft and award the winning entries for Section 4 & 5 during our general assembly: Republic of the Philippines UNIVERSITY OF ANTIQUE College of Business and Management Graduate School Sibalom, Antique Student Council School Year 2014-15 Constitution PREAMBLE Article I. NAME, SEAT, JURISDICTION AND SEAL Article II. DECLARATION OF PRINCIPLES AND PURPOSES Article III. MEMBERSHIP Article IV. BILL OF RIGHTS Article V. DUTIES AND RESPONSIBILITIES OF MEMBERS Article VI. STUDENT DISCIPLINE Article VII. ACCOUNTABILITY OF STUDENT COUNCIL OFFICERS Article VIII. THE EXECUTIVE BOARD Article IX. THE CABINET Article X. THE LEGISLATIVE BOARD Article XI. THE JUDICIAL BOARD Article XII. GENERAL ASSEMBLY Article XIII. TERM OF OFFICE Article XIV. QUORUM Article XV. ABSENCES Article XVI. IMPEACHMENT Article XVII. COMELEC Article XVIII. FINANCE Article XIX. BUDGET PROCEDURE AND GENERAL APPROPRIATIONS Article XX. THE ADVISER Article XXI. ELECTIONS Article XXII. VACANCIES, LEAVES OF ABSENCE AND CLEARANCES Article XXIII. AMENDMENTS Article XXIV. TRANSITORY PROVISIONS PREAMBLE We, the students of University of Antique, College of Business Administration, Graduate School, imploring the aid of the Almighty God in our desire for quality and relevant education to become competent and versatile leaders in promoting local, national, and global social economic progress; to equip us with adequate mangerial knowledge, skills and attitudes; to undertake quality researches that can best address the needs of the community; to become change agents through productive and profitable extension programs and services for sustainable development; to establish strong linkages with local, national, and foreign government and non-government agencies; do hereby ordain and promulgate this Constitution. Article I. NAME, SEAT, JURISDICTION AND SEAL Section 1. The name of this student government shall be the University of Antique (UA), College of Business Administration (CBM), Graduate School (GS), Student Council (SC). The short form of this name shall be UACBMGSSC. Section 2. The seat of UACBMGSSC shall be at University of Antique, College of Business Administration, Graduate School, District I, 5713 Sibalom, Antique. Section 3. The jurisdiction of the UACBMGSSC shall be its entire membership wherever they are found within the confines of the University, or outside when they are representing the University. Section 4. The seal of the UACBMGSSC shall be a __________________________________________________________________________________________________________________________________________________________________________________________________________. Section 5. The symbols within the seal shall mean as follow: _________________________________________________________________________________________________________________________________________________________________________________________________________. Article II. DECLARATION OF PRINCIPLES AND PURPOSES PRINCIPLES Section 1. The UACBMGSSC is a democratic, representative and independent student council. Its power and authority emanate from the students. Section 2. The UACBMGSSC upholds the rights, duties and responsibilities of every Filipino as provided for in the Philippine Constitution of 1987. Section 3. The UACBMGSSC is a call to political duty. It shall endeavor to practice self-regulation within the rule of law, active and well-informed decision-making, and good governance. Section 4. The UACBMGSSC represents the students. It shall serve as an active forum for the expression of students’ ideas and sentiments, and for the promotion of the students’ welfare and development. Section 5. The UACBMGSSC believes that education should promote the total and well-rounded development of every student in order to realize a humane existence and foster human dignity for all. Section 6. The UACBMGSSC believes that unity, harmony and shared responsibility are essential to progress and development. It shall seek to maintain unity and harmony, and foster responsibility among the students. Section 7. The UACBMGSSC shall uphold the preservation and promotion of its members’ Filipino and Antiqueño historical, cultural, and natural heritage. It shall respect and encourage creativity and intellectual endeavors to enrich this heritage. Section 8. The UACBMGSSC shall uphold the University’s mission, vision and objectives, and strongly advocate for their attainment. Towards this end, the UACBMGSSC shall foster a progressive and innovative academic institution. Section 9. The UACBMGSSC shall, within the bounds of the policies of the Commission on Higher Education (CHED) and the Education Act of the Philippines, value academic freedom, harmony and equality among students. Section 10. The UACBMGSSC shall adopt and implement a policy of transparency and timely public disclosure of all its plans and transactions. Section 11. The UACBMGSSC shall operate on the basis of moral ascendance, cooperative work, community service and development, academic and technical excellence, social responsibility, equal opportunities and social justice. PURPOSES Section 12. The UACBMGSSC shall serve as a venue for training its members in good governance and social responsibility. Section 13. The UACBMGSSC shall represent its members in the College’s planning, policy-making and investigative & disciplinary bodies whenever the welfare of any of the students is involved. Section 14. The UACBMGSSC shall be in charge of planning and implementing programs and activities for the students consistent with the policies set forth in this Constitution and within the legal framework of the University’s policies on co-curricular activities. Section 15. The UACBMGSSC shall advocate for and work towards the upgrading of school facilities and educational standards, and institutional opportunities consistent with the actualization of the students’ potentials. Section 16. The UACBMGSSC shall develop programs and projects that enhance and protect the physical, moral, spiritual, socio-economic, political and intellectual well-being of the students and the larger community. Section 17. The UACBMGSSC shall develop a lawful mechanism for the expression, dissemination and hearing of student’s ideas and sentiments. Section 18. The UACBMGSSC shall establish and maintain connections with various offices, student organizations and cause and development-oriented groups within and outside the University to create venues for cooperative work and resource-sharing. Article III. MEMBERSHIP Section 1. Membership to the UACBMGSSC shall either be regular or honorary. Section 2. Regular membership shall be composed of all officially enrolled students of the UA-CBM-GS. Section 3. All alumni of the UA-CBM-GS shall be considered as honorary members. Honorary members shall have advisory, recommendatory and supportive roles in the UACBMGSSC. Section 4. All regular members are required to pay a membership fee, the amount and schedule of payment of which shall be determined by the Legislative Board. The collection of the membership fee shall be done by the University’s Finance Office. Article IV. BILL OF RIGHTS Section 1. The students under the UACBMGSSC shall have the following rights: a. The right to quality education; b. The right to free and responsible expression of ideas and sentiments; c. The right to academic freedom; d. The right to be academically assessed and evaluated based on relevant criteria; e. The right to safety and security of their physical persons; f. The right to organize among themselves and peaceably assemble; g. The right to participate in formation of policies that directly affect their welfare; h. The right to due process and redress of grievances; i. The right to be heard in the proper forum; j. The right to publish and circulate student-controlled and independent publications; k. The right to be properly informed of the programs, rules, regulations and policies of the academic community; l. The right to run for public office within the UACBMGSSC when qualified under this Constitution; m. The right to suffrage; n. The right to confidentiality of personal information submitted to the University; o. The right to access his/ her official records and documents upon official request; Section 2. All other rights as specified in the Student Handbook but are not specified herein are included as rights of the members. Section 3. In case of inconsistencies between the Student Handbook and the Constitution, the policies of the CHED and applicable Philippine laws shall take precedence. Article V. DUTIES AND RESPONSIBILITIES OF MEMBERS Section 1. Every student shall pursue the attainment of the vision, mission and objectives of the University. Section 2. Every student shall observe and uphold the rules and regulations of the University as stipulated in the Student Handbook and this Constitution. Section 3. Every student shall uphold the integrity of the University, strive to achieve academic excellence and abide by the rules and regulations governing his/her academic program. Section 4. Every student shall promote and maintain the peace and tranquility of the University by observing the rules of discipline and by exerting efforts to attain harmonious relationships among students, personnel, administrators and other stakeholders of the University. Section 5. Every student shall participate actively in the affairs of the UACBMGSSC and the community services of the University towards social, economic and cultural development of the community and the attainment of a just, compassionate and orderly society. Article VI. STUDENT DISCIPLINE Section 1. Student discipline is a student’s responsibility to maintain personal and social order. Punitive measures only serve as a secondary action when guidance and counseling can effectively inculcate the responsibility among students concerned, unless the student’s offenses become harmful or pose a danger to others and the University. Section 2. The UACBMGSSC adopts the provisions on student discipline in the Student Handbook as part of this article. Section 3. A student accused or complained of must be informed properly in writing of the offense he/she is accused or complained of stating therein the name of the complainant, the offense, and the evidences therefore. The student accused or complained of shall be given ample time to state his/her defense in writing. Section 4. A student under investigation or disciplinary action shall have the right to legal counsel and representation by the UACBMGSSC in the investigative and disciplinary body formed by the school. Section 5. The UACBMGSSC representation to the Committee on Student Discipline shall be the UACBMGSSC president, president of the program where the student is enrolled, and the UACBMGSSC adviser. The student’s legal counsel shall be of his/her choice and appointment. Section 6. In any event that the UACBMGSSC representation as provided in Section 5 are the ones accused or complained of, the student officer next in rank shall take their place. Section 7. All hearings of complaints or grievances should be done with care for the dignity of all persons involved and with the end goal of allowing students to amend their ways after due process and justice have been served. The UACBMGSSC shall not resort to trial by publicity. Section 8. All case decisions involving students shall be in writing and properly furnished to the accused, accuser, UACBMGSSC, Student Affairs Officer, and the Committee on Student Discipline. Section 9. All persons involved in disciplinary action shall have the right to elevate their cases to the proper Philippine Court of Laws or Regulatory Body when decisions on such cases are deemed unjust or unlawful, or when the Committee on Student Discipline is unable to render a decision on the case. Article VII. ACCOUNTABILITY OF UACBMGSSC OFFICERS Section 1. Any UACBMGSSC office is a public trust. All UACBMGSSC Officers are at all times accountable to the students whom they must serve with utmost responsibility, integrity, loyalty, efficiency and professionalism. Section 2. Accountability due to the Academic and Administrative offices of UA shall be dealt with in accordance with the provisions of the Student Handbook and UA Administrative Manual. Section 3. An UACBMGSSC Officer has the moral obligation of completing his term of office in the best way possible. A person who was elected into office but resigned in the middle of his term shall no longer be qualified to run for any elective position during the succeeding elections of the UACBMGSSC. Section 4. An UACBMGSSC Officer shall maintain a no failing grade in all of his subjects as a way of modeling balance in academic and co-curricular activities. Article VIII. THE EXECUTIVE BOARD Section 1. The Executive Board shall be the implementing branch of the UACBMGSSC. Section 2. The Executive Board shall be composed of the elected UACBMGSSC President, elected Program Presidents of all the UA-CBM-GS programs (DPA, MPA Old, MPA New, MBA Old, MBA New…), appointed Executive Vice-President, elected Program Vice-Presidents of all the UA-CBM-GS programs (DPA, MPA Old, MPA New, MBA Old, MBA New…), and the Cabinet Members. Section 3. The UACBMGSSC President shall have the following powers, duties and responsibilities: 3.1. He/She shall be the head of the Executive Board and as such shall exercise general supervision and control over all programs, projects, services, and activities of the UACBMGSSC. 3.2. He/She shall have the power to issue executive orders necessary for the fulfillment of the UACBMGSSC’s objectives, goals, and plans. 3.3. He/She shall be the official signatory of all UACBMGSSC issuances. 3.4. He/She shall be the official UACBMGSSC representative to external meetings and to UA policy-making and recommending bodies when the welfare of the students is concerned. 3.5. He/She shall have the power to create committees as may be necessary for the effective discharge of the programs, projects and services of the UACBMGSSC. 3.6. He/She may propose bills to the Legislative Board for consideration. 3.7. He/She shall have the power to approve or veto the legislations passed by the Legislative Board provided that a President’s veto may be overturned by 2/3 of the votes of the entire Legislative Board. A bill endorsed to the office of the President but has not been acted upon by the President within 5 school days shall be considered approved. 3.8. He/She shall have the power to call for General Assembly, conventions, conferences, seminars, meetings, or special sessions of the Legislative Board and of any of the appointed or elected officers as he/she may deem necessary for the promotion of the welfare of the students. 3.9. He/She shall report to the General Assembly the UACBMGSSC’s achievements, plans and financial status at the end of every semester. 3.10. He/She shall have the power to appoint, upon recommendation of the Legislative Board, the executive vice-president among the elected program vice-presidents. 3.11. He/She shall also have the power to appoint the Chairperson of the Comelec upon recommendation of the Legislative Board. 3.12. He/She shall have the power to appoint the members of the Judicial Board upon recommendation of the Legislative Board. 3.13. He/She shall have the power to issue the planning and projected budget call for the current fiscal year within one week before the official start of classes and subsequently issue the final budget call one week after the changing and dropping of subjects. 3.14. He/She shall have the power to enter into agreements and contracts with other agencies as may be necessary for the pursuit of the purposes of the UACBMGSSC, noted by the UACBMGSSC Adviser and approved by the University Campus Director. 3.15. He/She shall exercise such other powers as may be provided by the law. 3.16. He/She shall be the socio-cultural, academic and community extension services coordinator. 3.17. To qualify for the position of presidency, a candidate must be a currently enrolled student taking up no less than 9 units, not graduating during the term contemplated, must have been a student of the UA for 2 consecutive semesters immediately prior to filing of certificate of candidacy, and without any failing grade during stay in the University. Section 4. The Executive Vice President shall have the following powers, duties and responsibilities: 4.1. He/She shall assume the powers, duties and responsibilities of the President in the event that the President is deceased, indisposed, resigned, or removed from office provided that he/she shall only serve the unexpired term of the President. 4.2. He/She shall be the over-all in charge of the Income Generating Projects (IGP) of the UACBMGSSC. 4.3. He/she shall be the in charge, in coordination with the UA Finance Office of the insurance of the students, provided that the insurance bids are evaluated by the Legislative Board and a recommendation for approval has been issued by the Legislative Board to the Executive Vice President. 4.4. He/She shall submit to the President a status report appertaining to the dispatch of the function of his/her office no later than 5 school days before the President’s report at the end of the semester. 4.5. He/She shall be the sports, spiritual and environmental coordinator. 4.6. To qualify for the position of executive vice-president, a candidate must be an elected program vice-president and currently enrolled student taking up no less than 9 units, not graduating during the term contemplated, must have been a student of UA for 2 consecutive semesters immediately prior to filing of certificate of candidacy, and without any failing grade during stay in the University. Section 5. The Program President shall have the following powers, duties and responsibilities: 5.1. He/She shall oversee the implementation of UACBMGSSC programs, projects and legislations in the program that he/she is representing. 5.2. He/She shall have the power to convene and preside over program meetings. 5.3. He/She shall oversee the proper and widest possible information dissemination regarding UACBMGSSC’s programs, projects, legislations and other information as may be necessary or relevant to his/her program. 5.4. He/She shall submit to the President’s Office his/her semestral accomplishment report not later than 5 school days before the President’s report at the end of the semester. 5.5. He/She shall be the departmental socio-cultural, academic and community extension services coordinator. 5.6. To qualify for the position of program president, a candidate must be a currently enrolled student taking up no less than 9 units, must have been a student of UA for 2 consecutive semesters immediately prior to filing of certificate of candidacy, and without any failing grade during stay in the University. Section 6. The Program Vice-President has the following powers, duties and responsibilities: 6.1. The elected program vice-presidents are automatically the vice-presidents of the UACBMGSSC. 6.2. He/She shall assume the powers, duties and responsibilities of the Program President in the event that the Program President is deceased, indisposed, resigned, or removed from office provided that he/she shall only serve the unexpired term of the Program President. 6.3. He/She shall be the program sports, spiritual and environmental coordinator. 6.4. He/She shall submit to the Program President his/her semestral accomplishment report no later than 5 school days before the Program President submits to the UACBMGSSC President his/her report. 6.5. To qualify for the position of program vice-president, a candidate must be a currently enrolled student taking up no less than 9 units, must have been a student of SAC for 2 consecutive semesters immediately prior to filing of certificate of candidacy, and without any failing grade during stay in the University. Article IX. THE CABINET Section 1. The Cabinet Members shall be composed of the elected UACBMGSSC Secretary, Treasurer, Assistant Treasurer, Auditor and Public Relations Officer. Section 2. He/She should not currently elected or appointed members of the Legislative Board and the Judicial Board. Section 3. The Secretary shall have the following powers, duties and responsibilities: 3.1. He/She shall be the official custodian of all records and documents of the UACBMGSSC. 3.2. He/She shall be in charge of recording the attendance and preparing the minutes of all Executive Board meetings. 3.3. He/She shall prepare written communications and reports of the Executive Board for approval and issuance by the President. 3.4. In case the Secretary is deceased, indisposed, resigned, or removed from office, the President shall appoint from the members of the General Assembly a Secretary provided that he/she shall only serve until the unexpired term of the Secretary. 3.5. In case the Secretary is temporary unavailable, the President shall appoint from the members of the quorum an Acting Secretary for the meeting. Section 4. The Treasurer has the following powers, duties and responsibilities: 4.1. He/She shall be in charge of the finances and keep its accounts. 4.2. He/She shall collect the fines and dues from the Program Vice-Presidents. 4.3. He/She shall be responsible for the preparation of the financial reports based on the Philippine Financial Reporting Standards. 4.4. He/She shall be in charge of the payment of expenditures of the UACBMGSSC. 4.5. He/She shall disburse the funds of the UACBMGSSC strictly based on the approved budget and in pursuit of the purposes of the UACBMGSSC. 4.6. He/She shall keep records of the financial transactions of the UACBMGSSC based on the Philippine Accounting Standards. He/She shall ensure current and up-to-date financial recording and preparation of financial statements to be submitted to the Auditor. 4.7. He/She shall submit to the President a semestral report of all the financing activities of the UACBMGSSC. 4.8. In case the Treasurer is deceased, indisposed, resigned, or removed from office, the President shall appoint from the members of the General Assembly a Treasurer provided that he/she shall only serve until the unexpired term of the Treasurer. Section 5. The Assistant Treasurer has the following powers, duties and responsibilities: 5.1. He/She shall assist the treasurer in the finances and in keeping of accounts. 5.2. He/She shall assist the treasurer in the collection the fines and dues from the Program Vice-Presidents. 5.3. He/She shall assist the treasurer in the preparation of the financial reports based on the Philippine Financial Reporting Standards. 5.4. He/She shall be assist the treasurer in the payment of expenditures of the UACBMGSSC. 5.5. He/She shall assist the treasurer in the disbursement of funds of the UACBMGSSC strictly based on the approved budget and in pursuit of the purposes of the UACBMGSSC. 5.6. He/She shall assist the treasurer in the keeping records of the financial transactions of the UACBMGSSC based on the Philippine Accounting Standards. He/She shall assist the treasurer in ensuring current and up-to-date financial recording and preparation of financial statements to be submitted to the Auditor. 5.7. He/She shall assist the treasurer in the submission to the President of a semestral report of all the financing activities of the UACBMGSSC. 5.8. In case the Assistant Treasurer is deceased, indisposed, resigned, or removed from office, the President shall appoint from the members of the General Assembly an Assistant Treasurer provided that he/she shall only serve until the unexpired term of the Assistant Treasurer. Section 6. The Auditor has the following powers, duties and responsibilities: 6.1. He/She shall have the power, authority and duty to examine the financial statements prepared by the Treasurer and proposes a disclosure and adjustments to all the UACBMGSSC accounts. The examination shall be based on the approved budget of the UACBMGSSC following the procedures prescribed by the Philippine Auditing Standards. 6.2. He/She shall submit to the executive board, a written opinion regarding the reliability of financial statements in accordance with the Philippine Accounting Standards and Philippines Financial Reporting Standards on a semestral basis. 6.3. He/She shall assess the effectiveness of the internal controls of the UACBMGSSC and recommend appropriate measures for improvement when necessary. 6.4. In case the Auditor is deceased, indisposed, resigned, or removed from office, the President shall appoint from the members of the General Assembly an Auditor provided that he/she shall only serve until the unexpired term of the Auditor. Section 7. The Public Relations Officer shall have the following powers, duties and responsibilities: 7.1. He/She shall supervise the information dissemination of all University-wide activities. 7.2. He/She shall be in-charge of procurement of products and services for all University-wide activities. 7.2. In case the Public Relations Officer is deceased, indisposed, resigned, or removed from office, the President shall appoint from the members of the General Assembly a Public Relations Officer provided that he/she shall only serve until the unexpired term of the Public Relations Officer. Article X. THE LEGISLATIVE BOARD Section 1. The legislative power shall be vested in the UACBMGSSC Legislative Board. Section 2. The Legislative Board shall be composed of one representative from every program as elected by its members. All recognized academic and non-academic student organizations shall each have a special representative as may be elected from among themselves to the Legislative board. Section 3. The Legislative Board shall elect among themselves a Speaker of the House. Section 4. The Speaker of the House shall have the following powers, duties and responsibilities: 4.1. He/ She shall be the presiding officer of the Legislative Board. 4.2. He/She shall vote only to break a tie. 4.3. He/She shall have the power to call for special meeting whenever necessary. Section 5. To qualify for the position of representative, a candidate must be a currently enrolled student, taking up no less than 9 units, and without any grade lower than 75 during stay at UA. Candidates should be enrolled under the program for which they are running as representatives. Section 6. In case of vacancy in the Legislative Board, the respective program or non-academic organization shall nominate an officer-in-charge with the same qualifications as mentioned in Section 4 who shall carry out the duties and responsibilities attributed to the vacant position for the period of vacancy. The Speaker of the House shall approve the nomination within 5 school days upon recommendation. Section 7. The Legislative Board shall hold its first regular session within 5 school days after electing the Speaker of the House. Section 8. The Legislative Board upon holding its first regular session shall prepare a list of qualified candidates for the Judiciary and submit to the Office of the President for approval. Section 9. The Legislative Board shall form its internal rules of procedure within twenty (20) school days after the first regular session. Section 10. The minimum number of session in the Legislative Board shall be twice in a semester. The President may call for a special session of the Legislative Board to discuss matters of immediate concern. Section 11. The Legislative Board may conduct an inquiry to the UACBMGSSC in aid of legislation. Section 12. When needed, the Legislative Board may propose amendments to the constitution pursuant to Article XXIV. Article XI. THE JUDICIAL BOARD Section 1. The Judicial Board shall have the responsibility of interpreting the rules and regulations of the UACBMGSSC and rendering decisions on petitions for redress of grievances. Section 2. The Judicial Board shall be composed of 5 justices, one from each program (DPA, MPA Old, MPA New, MBA New, MBA Old). Section 3. The Chief Justice, Assistant Chief Justice and three Associate Justices shall be appointed by the President upon recommendation of the Legislative Board within 10 school days after declaration of winners of the UACBMGSSC election. They shall have the following qualifications: 3.1. Must be a currently enrolled 2nd year student taking up at least 9 units and must have a Grade Point Average (GPA) of at least 83 with no grade lower than 80. 3.2. Must have no record of violations, misconduct or any offense stipulated in the Student Handbook. 3.3. A member of the Judicial Board shall not be a member of the Executive and Legislative Board. Section 4. The Judicial Board shall have the following powers, duties and responsibilities: 4.1. To sit en banc, hear, try and resolve, by a two-thirds affirmative vote of the members present, within three weeks, any complaint involving the constitutionality, legality or jurisdiction of the acts, policies and resolutions of UACBMGSSC. 4.2. To try and decide on impeachment cases filed by the Legislative Board. 4.3. To form Ad Hoc Committees to investigate complaints and petitions for redress of grievance and recommend actions thereon, provided that the procedures stipulated in Article VI on student discipline take precedence over other special procedures that may be formed in pursuit of the duties and responsibilities of the Judicial Board; provided further that all electoral cases shall be under the sole jurisdiction of the COMELEC. 4.4. To draft and adopt its own Rules of Court. Section 5. The Chief Justice shall preside over all judicial proceedings and shall be the spokesperson of the Judicial Board. In his absence or incapacity, he will be replaced by his Assistant Chief Justice. Article XII. GENERAL ASSEMBLY Section 1. All authorities of the UACBMGSSC emanate from the General Assembly. Section 2. The General Assembly shall be composed of all the members of the UACBMGSSC convened in a formal setting. Section 3. The General Assembly shall have the sole jurisdiction of ratifying the UACBMGSSC Constitution by simple majority of the entire membership. Section 4. For purposes of policy-making, the General Assembly may pass rules and regulations after a policy discussion has been made in the presence of a quorum which shall be two-thirds of the entire membership, with such proposed rules and regulations being approved by at least simple majority. Section 5. The General Assembly shall have the responsibility of actively participating in all UACBMGSSC activities including but not limited to elections; project planning, implementation, and monitoring; information dissemination; policy-making; community work; and other such activities as may be needed in the pursuit of the purposes of the UACBMGSSC. Section 6. The General Assembly shall be held twice per semester in a schedule as may be determined by the Executive Board. The President shall have the prerogative to call emergency general assembly meetings when needed. Article XIII. TERM OF OFFICE Section 1. The term of the UACBMGSSC officers shall begin immediately after the proclamation of the election winners by the COMELEC in the first semester; and end upon the proclamation of the new set of officers in the succeeding first semester. Section 2. All UACBMGSSC officers shall prepare their year-end report no later than 5 school days before the final period for purposes of clearance and turnover of duties and responsibilities. Article XIV. QUORUM Section 1. Decisions for meetings of the General Assembly, Executive Board, Legislative Board, and the Judicial Board shall require a quorum of no less than two-thirds of all its members and a simple majority affirmative vote of those constituting the quorum except as may be provided for the amendment of any part of this Constitution. Article XV. ABSENCES Section 1. Any member of the Executive Board, Legislative Board and Judicial Board shall be allowed only a maximum of 2 absences from the regular and special sessions per semester. Absences in excess of the maximum indicated herein shall be ground for automatic impeachment. Each branch of the council shall submit to the Chief Justice an attendance log every after their special or regular session for purposes of applying this provision of the Constitution. Article XVI. IMPEACHMENT Section 1. All elected and appointed UACBMGSSC officers may be impeached for violation of this Constitution and betrayal of public trust, specifically: 1.1. Gross negligence of duty. 1.2. Illegal disbursement of funds. 1.3. Excessive absences. 1.4. Violation of the provisions on student discipline as indicated in the Student Handbook and this Constitution. Section 2. Any student or officer of the UACBMGSSC may file a resolution for impeachment against any UACBMGSSC officer through the Legislative Board. The resolution must be addressed to the Chief Justice through the Speaker of the House. Section 3. The policies on impeachment shall be as follows: 3.1. The Judiciary shall within 10 school days upon receipt of petition for impeachment shall investigate and try the same upon determination of prima facie evidence. In all cases, due process must be followed. 3.2. The Judiciary shall serve notice of impeachment to the official/s concerned at least four days before the set hearing date. Any UACBMGSSC officer must take a leave of absence once notice of impeachment is served to him/her. 3.3. All matters of impeachment shall be heard and tried with all the Justices in attendance. Decisions on impeachment shall be made upon two-thirds vote of the entire membership of the Judicial Board. 3.4. UACBMGSSC officers found guilty after the impeachment process shall be removed from office. Notice for removal from office shall be served by the Chief Justice to the impeached officer within 3 school days after a decision has been rendered by the Judicial Board en banc. 3.5. Should any of the Justices be the subject to an impeachment complaint, he/she must take a leave of absence before any investigation on the complaint is conducted. He/She shall be temporarily replaced within twenty-four hours by a prosecuting officer as appointed by the UACBMGSSC President from the department of the impeached Justice/s. The Legislative Board shall initiate impeachment proceedings on the Justice/s concerned. It shall resolve the matter unanimously within 15 school days. 3.6. Should the Justice/s be proven guilty, he/she shall be removed from office. The prosecuting officer of the respective program shall assume and serve until the end of the actual term of the impeached. Article XVII. COMELEC Section 1. The Legislative Board shall prescribe the qualifications of the Commissioners of the Commission on Elections which shall be known as the COMELEC. Section 2. The Commissioners shall be appointed by the Speaker of the House and shall be confirmed by the Chief Justice. The COMELEC shall be composed of two Commissioners from each program, who shall elect a Chief Commissioner from among themselves during their initial convention. Section 3. The completion of appointment and confirmation of all Commissioners shall be at most a month after the General Elections. The term of the Commissioners shall be one entire school year. Section 4. The Chief Commissioner shall preside over all the meetings of the COMELEC and shall be its approving officer. The Chief Commissioner may call for a special meeting if he/she deemed it necessary. Section 5. All Commissioners shall not occupy any other elective or appointive position in the Legislative Board, Executive Board, or Judicial Board. Section 6. The Commissioners of the COMELEC shall determine the frequency and the time of their meetings. Meetings of the COMELEC shall require a quorum of no less than two-thirds of its members. Section 7. Decisions of the COMELEC shall be approved by a simple majority (50% + 1) of the quorum. Section 8. The COMELEC shall have the following powers, duties and responsibilities: 8.1. To adopt and uphold the Election Code passed by the Legislative Board. 8.2. To serve as the steering committee for the UACBMGSSC elections. 8.3. To certify qualifications of candidates. 8.4. To penalize or disqualify candidates and/or political parties who violate the Election Code. 8.5. To educate voters on the voting process to be used in the UACBMGSSC elections. 8.6. To encourage students to vote. 8.7. To enforce and administer all rules and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall. Section 9. The decision of the COMELEC on all electoral cases shall be considered final. Article XVIII. FINANCE Section 1. The general funds of the UACBMGSSC shall consist of student fees collected by the administration during every regular registration period and shall be deposited in a special bank account in accordance with the University guidelines on budget and auditing rules and procedures. Section 2. Other sources of funds shall include solicitations, donations or sponsorships for any events and activities as approved by the UACBMGSSC Adviser, Student Affairs Officer, and the Campus Director in accordance with the University guidelines on solicitations, donations or sponsorships rules and procedures. Section 3. All money collected by authority of the UACBMGSSC for a special purpose shall be treated as a special fund and shall be paid out for such purposes only. If the purpose of the special fund created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the UACBMGSSC. Section 4. The UACBMGSSC shall formulate and adopt a budget, which shall embody a work plan of programs and projects together with estimated expenditures for the incoming year. Section 5. A copy of the budget shall be sent to the Office of the President for his review and approval through the Adviser who shall then endorse the same with respect to the legality of projects and the sufficiency of funds from UACBMGSSC fees. Article XIX. BUDGET PROCEDURE AND GENERAL APPROPRIATIONS Section 1. No money shall be paid out of the funds of the UACBMGSSC except in accordance with the General Appropriations or supplemental budget. Section 2. All expenditures of the UACBMGSSC shall be audited by the auditor. Section 3. The fund balance of the UACBMGSSC for a specific term shall revert to the UACBMGSSC general fund. Section 4. The Executive Board shall prepare an annual plan and budget no later than a week before the opening of classes subject to adjustments after the changing and dropping of the subjects or when enrolment figures have been finalized. Article XX. THE ADVISER Section 1. The adviser must be derived from any officially employed faculty member preferably having a background in politics and governance. Section 2. The UACBMGSSC officers shall recommend to the Student Affairs Office for appointment, three candidates for adviser position. Section 3. The Adviser has the following duties and responsibilities: 3.1. Guide and offer suggestions to students 3.2. Encourage students to be thorough and accurate in fulfilling their responsibilities. 3.3. Check that members and committees are meeting their goals and deadlines 3.4. Maintain accurate records to help operation. 3.5. Assist students involved in budget/financial planning 3.6. Oversee correspondence from the UACBMGSSC 3.7. Help in general council management 3.8. Supervise student use of equipment 3.9. Accompany UACBMGSSC members to various meetings and activities as may be necessary. 3.10. Report to the administration and faculty on the council activities. Article XXI. ELECTIONS Section 1. The elections of the UACBMGSSC officers shall be held during the General Assembly as may be determined by the EXECUTIVE BOARD. Section 2. The nominations for UACBMGSSC Officers shall come from the members of the General Assembly. Section 3. The UACBMGSSC officers shall be elected by the Five (5) representatives. The Five (5) representatives are selected by majority of the members of their respective programs. Section 4. The qualifications to be a candidate for the UACBMGSSC elections shall be as provided for in this Constitution and the Election Code. Section 5. The Program Presidents and Program Vice-Presidents shall be voted into office by the members of their respective program. Article XXII. VACANCIES, LEAVES OF ABSENCE AND CLEARANCES Section 1. For filling of vacancies, not otherwise provided in other sections of this constitution, the Legislative Board shall convene a special session to appoint a qualified replacement. Section 2. In the event of the simultaneous vacancy of the Presidency and Executive Vice-Presidency, the Speaker of the House shall assume the unexpired term of the Presidency. Consequently the members of the House shall elect the new Speaker of the House. Section 3. Any officer of the UACBMGSSC who is voluntarily resigning shall give at least 10-school day notice of resignation to the UACBMGSSC President prior to resignation. Section 4. All resigned UACBMGSSC Officers are required to submit a terminal and turn-over report to the President and liquidate all outstanding cash advances before he/she can be given UACBMGSSC clearance. Failure to liquidate cash advances by the end of school year shall constitute a ground for legal action. Section 5. Semestral UACBMGSSC clearance for UACBMGSSC officers shall only be issued upon submission of all mandatory reports and liquidation of outstanding cash advances. Failure to liquidate cash advances by the end of school year shall constitute a ground for legal action. Section 6. All UACBMGSSC members are required to obtain a UACBMGSSC clearance at the end of each semester as a prerequisite for Student Affairs Clearance following a procedure that shall be set by the Legislative Board. Article XXIII. AMENDMENTS Section 1. Any amendment or revision of this constitution may be proposed by: 1.1. The Legislative Board by a vote of ¾ of all its members 1.2. The students upon petition of at least twelve percent (12%) of all officially enrolled UA-CBM-GS students. Section 2. Any amendment or revision of this constitution under Section 1 hereof shall be valid only when ratified by an affirmative vote of simple majority of the entire membership. Section 3. No amendment or revision shall be made within One (1) year following the ratification of this constitution. Article XXIV. TRANSITORY PROVISIONS Section 1. All provisions of this constitution shall be effective after the approval of the majority of the students. Section 2. All existing UACBMGSSC laws, decrees, executive orders, memorandum and other issuances which do not conform to this constitution are hereby repealed or revoked. Section 3. All SY 2014-2015 UACBMGSSC officers elected on July 19, 2014 are considered incumbents for their respective offices under this constitution. Section 4. All provisions of this constitution which may be found unconstitutional under Philippine laws shall be automatically repealed without prejudice to the remaining valid parts of the constitution.
Posted on: Tue, 18 Nov 2014 04:24:43 +0000
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