Appendix of 'Resolution Calling for the Approval of the Amendments to the 2009 University Student Government'...
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D e L a Sall Sall e Univ e r s ity M M anila anila Univ e r s ity Stud e nt Gov e r nm e nt C ons titution CONTENT Pr e ambl e Arti c l e I Arti c l e I I Arti c l e III Arti c l e I V Arti c l e V Arti c l e V I Arti c l e VII Arti c l e VIII Arti c l e IX Arti c l e X Arti c l e X I Arti c l e X I I Arti c l e X I I I Arti c l e X I V Arti c l e X V Arti c l e X V I Arti c l e X V I I Arti c l e X V I I I Arti c l e XI X Arti c l e X X Arti c l e X X I Arti c l e X XI I Arti c l e X X I I I Arti c l e X X I V Arti c l e X X V Arti c l e X X V I Arti c l e X X V I I Arti c l e X X V I I I Arti c l e X X I X
Nam e and Se at M e mb e r ship D ec lar ation ation of of Pri n c ipl ip l e s Purposes and Poli c i e s Bill of Rights Duti e s and R es pon sibilitie s of Stud e nt s A cc ountability of USG O ffi ce r s Th e E x ec utive Board Th e E x ec utive Committ ee Powe r s Duti e s and R e spon sibiliti e s of of EB M e mb e r s T he A ctiviti e s A sse mbly T h e Coll ege Stud e nt Gov e r nm e nt T h e B at c h Stud e nt Gov e r nm e nt T h e E x ec utive D e partm e nt s T h e L egi slativ e A sse mbly T h e LA Committ ee s T h e L A Inn Inne r Cir c le T h e Coll ege L egi slativ e Board T h e Judi c iary Con Con stitutional Commi ssion io ns A r t i c l e s of Imp e a c hm e nt T h e Counc il of Stud e nt Organizations Conv Conv e ntion of L e ad e r s E l ec tions V a c an c i e s G e ne ral Provi s ion s A m e ndm nd me nt s T r a nsitory Provi s ion s S e parability Clause E f fec tivity ,
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Pr e ambl e We, the undergraduate students of De La Salle University - Manila, imploring the aid of the Almighty God and invoking the patronage of St. John Baptist De La Salle, assert our inherent democratic right to pursue an autonomous and genuine student government that shall inspire us to become true Lasallian achievers for God and country, reinvigorate our formation as Lasallians who secure harmony, unity and cooperation among ourselves and with those who, together with us, make up the Lasallian community of persons, scholars, learners and citizens, commit to the advancement and defense of our rights and welfare, safeguard the academic freedom and integrity of the University, affirm the student- dignity and worth, promote the common good, actualize our roles as propagandists and catalysts for social change and action, inculcate a social consciousness that will strike a balance between self and service to others, healthy competition and cooperation, privilege and responsibility and embody our libertarian ideals, nationalist aspirations and noble vision of a humane and sovereign society where truth, justice, freedom, love, equality and peace reign, do solemnly ordain and promulgate promulgate this Constitution.
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Arti c l e I NAM E AND SEAT Section 1.
The name of this student government, established establish ed under this Constitution, Constitut ion, shall be known as the De La Salle University - Manila University Student Government, which shall hereinafter be referred to as the USG.
Section 2.
The seat of the USG shall be in the De La Salle University - Manila, 2401 Taft Avenue, Manila, which shall hereinafter hereinafter be referred to as the University.
Arti c l e I I MEMBERSHIP The members of the USG shall be all undergraduate students of the University.
Arti c l e III D E C L A R A T I O N O F P R IN I N C I P L E S PURPOSES PURPOSES AND POL IC IES ,
PRINCIPLES Section 1.
The USG shall have the power of which emanates from the student body. It shall be the sole, unified, autonomous autonomous and democratic democratic representative body of the students.
Section 2.
building building a community of learners and scholars who value the pursuit of new knowledge within the perspective of Christian ideals and values values 2.1. 2.2.
The Mission Statement shall serve as the guide of the USG in in achieving the collective interest of the students. The USG believes that the true importance of the Mission Statement lies in putting putting these ideals into action.
Section 3.
The USG is founded on the principles of representation, repres entation, participatory democracy, decentralization, decentraliz ation, collaboration, equitability, accountability, unity and cooperation and efficiency and efficacy in the delivery of services.
Section 4.
The USG shall adhere to the policy of cooperation cooperatio n with other sectors of the Lasallian community.
PURPOSES Section 4.
The USG shall be at the forefront ied ied in
Section 5.
The USG shall help foster the physical, intellectual, moral, cultural, civic, spiritual spirit ual and political interests of the students, as long as thes thes
Section 6.
The USG shall develop critical thinking among the studentry and encourage all students to unite themselves themselves and utilize their knowledge, skills and resources to contribute to nation-building.
Section 7.
The USG, recognizing the vital role of the youth in nation-building, shall encourage all students to be aware and sensitive to the universal needs of their time;
Section 8.
The USG shall foster a progressive and innovative academic institution.
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Section 9.
The USG shall be in solidarity solidar ity with the Filipino people by partaking in the efforts of working towards towar ds genuine freedom and democracy.
POLICIES Section 10.
The USG shall pursue an independent stand, stan d, not dictated by any other sector, other other than the students. stude nts.
Section 11.
The USG shall value academic freedom, peace based on justice and the equality of gender, religion, and race.
Section 13.
The USG shall encourage student and sectoral organizations organizations to promote the welfare of the students.
Section 14.
The USG shall establish and maintain relevant linkages with various offices, sectoral and cause-oriented groups within and outside the University to create venues for res ource-sharing.
Section 15.
The USG shall pursue a policy policy of dialogue dialogue with other student student governments, governments, movements movements and the the marginalized marginalized sectors of s ociety, consonant with its principles and purposes.
Section 16.
The USG shall pursue a Lasallian education that is holistic, competitive and of high standards, ensuring that it develops Lasallians for the nation. The USG shall also fight for a relevant, nationalistic, scientific, scientific, liberating and mass-oriented system of education.
Section 17.
The USG shall struggle against all forms of exploitation, oppression and corruption.
Section 18.
The USG shall renounce instruments of policy, activities and undertakings undertakings which which are violent in nature, and/or are contrary to the rules and regulations of the University and/or the laws of the land.
Section 19.
The USG shall adopt and implement a policy of public disclosure of all its transactions transacti ons involving involvi ng the interest of its members.
Arti c l e I V BIL L OF RIG HTS Section 1.
Every student has the right to be properly informed of the programs, rules and regulations and policies of the academic community.
Section 2.
Every student stude nt has the right to have access to his/her official records and other pertinent documents and papers pertaining pertaining to official acts, acts, transactions transactions or decisions.
Section 3.
Every student has the right to receive professional competence from the faculty and administration. administration.
Section 4.
Every student stude nt has the right to be academically academicall y evaluated based bas ed on objective criteria.
Section 5.
Every student has the right to conduct scholarly research researc h freely and to publish, discuss and exchange excha nge findings and recommendations for the purpose of academic development.
Section 6.
Every student has the right to suffrage. 6.1. 6.2.
Every student has the right to vote for representatives representatives and officers of the USG. Every student has the right to exercise other electoral practices.
Section 7.
Every student has the right to actively participate in the USG.
Section 8.
Every student has the right to recall their representatives representatives from office.
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Section 9.
Every student has the right to proper representation and participation participation in all policy-making policy-making bodies inside the University.
Section 10.
Every student has the right to regular student-faculty student-faculty and student-administration student-administration dialogue.
Section 11.
Every student has the right to assemble and to freely and responsibly express their views, opinions and grievances.
Section 12.
Every student has the right to objective presentation and independent operation of the student-controlled publications, publications, subject to the cannons cannons of responsible journalism. journalism.
Section 13.
Every student has the right to establish, organize, organize, join and actively participate participate in clubs, organizations, organizations, groups and other associations for purposes not contrary to existing policies.
Section 14.
Every student has the right to due process.
Section 15.
Every student has the right to legitimate legitimate and responsible use of adequate, safe, clean and efficient school facilities.
Section 16.
Every student has the right to apply for a USG position.
Section 17.
All other rights as specified in the Student Handbook specified herein herein are included as rights of t he students.
Arti c l e V DUT IES AND RESPONSIBILI RESPONSIBILI TI ES O F STUD EN TS Section 1.
Every student shall observe and uphold the laws of the land, the rules and regulations of the University as stipulated in the Student Handbook and this Constitution.
Section 2.
Every student shall exercise his/her rights responsibly and in good faith.
Section 3.
Every student shall uphold the academic integrity of the University, endeavor to achieve academic excellence excellence and abide b y the rules and a nd regulations governing his/her academic responsibilities. responsibilities.
Section 4.
Every student shall promote and maintain the peace and tranquility of the University Universit y by observing observin g the rules of discipline and by exerting efforts to attain harmonious relationships with fellow students, the administrators, the teaching academic staffs and other University personnel.
Section 5.
Every student shall uphold, preserve and maintain maintain the integrity of his/her Alma Mater.
Section 6.
Every student shall participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development development of his/her community and in the attainment of a just, compassionate and orderly society.
Arti c l e V I A C C O U N T A B I L I T Y O F U SG SG O F F F I C E R S All USG officers shall at all times be accountable to the studentry who they must serve with utmost responsibility, integrity, integrity, loyalty, l oyalty, efficiency and professionalism.
Arti c l e VII THE EX ECUTIVE BOARD
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Section 1.
The Executive Board, which shall hereinafter hereinafter be referred to as EB, shall be the highest governing body and representative authority of the USG.
Section 2.
The EB shall be composed of the: 2.1. 2.2. 2.3. 2.4. 2.5.
Section 3.
President. Vice President for Internal Affairs. Vice President for External Affairs. Executive Secretary Secretar y. Executive Treasurer.
The EB shall have the following powers, duties and responsibilities: 3.1. 3.2. 3.3. 3.4. 3.5.
To uphold and enforce the provisions stipulated in this Constitution and its bylaws. To outline and enforce enforce basic policies that shall facilitate the performance performance of its duties duties and responsibilities. To discuss national, sectoral and university-wide university-wide issues and academic-related matters, projects, programs and campaigns campaigns to be presented presented to the College College Presidents. To ensure fair, efficient efficient and effective representation in all University committees committees whose whose services and decisions affect the welfare of the students. To create departments departments and ad hoc as may may be necessary to discharge its functions.
Section 4.
The members of the EB shall determine the frequency and the time of their meetings.
Section 5.
Any member of the EB may call special meetings if he/she deemed it necessary. necessar y.
Section 6.
The EB shall constitute a quorum of no less than two-thirds of its members. members.
Section 7.
A final decision must be reached via a majority (50% + 1) of those present. Decisions made made outside this provision are tentative tentative and unofficial unofficial until majority majority of the EB members members are informed and have agreed. agreed.
Arti c l e VIII THE EXECUTIVE COMMITT EE Section 1.
The Executive Committee, Committee, which shall hereinafter hereinafter be referred to as EXECOM, shall be vested with executive powers.
Section 2.
The EXECOM shall be composed of the: 2.1. 2.2.
Section 3.
All the members of the EB. All College Presidents.
The EXECOM shall have the following powers, duties and responsibilities: 3.1.
3.2. 3.3. 3.4.
To discuss and decide on national, sectoral, university-wide issues and academic-related academic-related matters, projects, programs and campaigns for endorsement and final approval of the Legislative Legislative Assembly, whenever necessary. To implement all resolutions resolutio ns approved by the Legislative Assembly. To issue Executive Orders to the USG in case of a state state of emergency and be answerable to the Legislative Assembly for the consequences thereof. To appeal for reconsideration reconsider ation to the Legislative Assembly any approved approve d motion or resolution resoluti on upon two-thirds vote of the members of the EXECOM.
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3.5.
To determine the vision and mission of the USG and ensure that resources be made available towards their attainment.
Section 4.
The members of the EXECOM shall determine the frequency and the time of their meetings.
Section 5.
Any member of the EXECOM may call special meetings if he/she deemed it necessary. necessar y.
Section 6.
The EXECOM shall constitute a quorum of no less than two-thirds of its members.
Section 7.
A final decision can only be reached via a majority majority vote (50% + 1) of those present. Decisions made outside this provision are binding and executory unless challenged by an EXECOM member.
Arti c l e I X P O W E R S D U T I E S A N D R E SP SP O N SI SI B I L I T I E S O F E B M E M B E R S ,
Section 1.
The President shall: 1.1. 1.2. 1.3. 1.4.
1.5. 1.6. 1.7.
1.8. 1.9. 1.10. 1.11. 1.12. 1.13. 1.14. 1.15. 1.15.
Be the Chief Executive Officer of the USG. Be the official spokesperson of the USG at any function, meeting or assembly. Preside over the meetings meetings of the EB, EXECOM, USG General Assemblies, Convention of Leaders and committees under his/her office. Have no voting powers but shall have the power to veto veto policies, resolutions, programs and projects projects approved by the EB, EXECOM, the Activities Assembly and the Legislative Legislative Assembly. 1.4.2. 1.4.2 . The presidential preside ntial veto must must be communicated communicate d to the Executive Secretary within three days of the approval of the policy, resolution, program or project. Otherwise, the policy, resolution, resolution, program or project project may be released released or implemented. implemented. 1.4.3. A two-thirds two-thirds vote vote of the remaining remaining EB, EXECOM, EXECOM, the Activities Activities Assembly and the the Legislative Assembly, whichever is concerned, is required to override a presidential veto. Oversee the internal and external affairs of the USG. Initiate the implementation implementation of all the decisions of the Legislative Assembly. Nominate and appoint the student representatives representatives to external external alliances, seminars, sector organizations, University-wide committees and other functions requiring such representation and appointment. appointment. The order for t he nomination and appointment appointment is as follows: 1.7.1. Member/s of the EB. 1.7.2. College President/s. 1.7.3. Legislative Legislative Assembly Representative/s. Representative/s. 1.7.4. Batch President/s. 1.7.5. Other USG officer/s. Be an ex-officio ex-offici o member of all the committees under the executive arm of the USG. Submit to the Legislative Assembly and the Judiciary trimestral reports that shall present and evaluate the state of the organizational affairs and recommend further actions. Monitor, directly directly or or indirectly, indirectly, the performance performance of all offices and committees committees with executive functions. Receive and review periodic reports from each of the EB members, members, all Executive units, units, the Legislative Legislative Assembly and the Judiciary. Ensure that national, national, sectoral sectoral and and University-wide issues be adequately addressed by the the USG. Represent the USG in sectoral activities activities within and outside the University. Convene the Council of University Universit y Representatives Represe ntatives (CURE) which shall be composed of of all student representatives representatives to t o University policy-making bodies. Perform other functions to facilitate facilitate the discharge discharge of his/her responsibilities or acts acts prescribed prescribed herein and be answerable to t he Legislative Assembly for the consequences of such. Be vested with the power to grant grant presidential pardon to any USG officer found guilty of violation of this constitution and its bylaws by the Judiciary, provided that the pardon is with just cause.
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Section 2.
The Vice President for Internal Affairs shall: 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. 2.11. 2.12. 2.13.
Section 3.
The Vice President for External Affairs shall: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11.
Section 4.
Report directly to the President. Be the supervisor and coordinator coordinator of the internal affairs of the USG USG under under the the direction direction of the the President. Assume the responsibilities of the President in matters matters concerning concerning internal affairs if the President is absent or incapacitated or if so directed by the EB. Assume automatically automatically the Presidency in the event that such office is permanently permanently vacated. Coordinate with the College and Batch Student Governments with regards to internal affairs of the USG. Monitor all internal activities activities and programs of the College and Batch Student Governments. Governments. Chair the Activities Assembly. Ensure that the USG University-wide activities are prioritized over other student activities. Create departments departments and ad hoc hoc as may may be necessary to discharge discharge specific functions of the internal affairs. Supervise the planning planning and and implementation implementation of special special projects projects during during celebrations celebrations of USG University-wide University-wide weeks and other occasions warranting participation of the USG. Address student concerns concerns regarding the operational operational efficiency and development development of physical physical facilities facilities in the University. Conduct research undertakings undertakings on University policies policies and structures structures and present present results results and recommendations recommendations to t he EXECOM, Legislative Legislative Assembly and/or the University administration. Perform other functions as deemed necessary by the EXECOM.
Report directly to the President. Be the supervisor and coordinator coordinator of the external affairs of of the the USG USG under under the direction of the President. Assume the responsibilities of the President in matters matters concerning external affairs if the President is absent or incapacitated or if so directed by the EB. Assume automatically automatically the Presidency in the event that both the Presidency and the Internal Affairs Vice Presidency are permanently vacated. Coordinate with the College and Batch Student Governments with regards to external affairs of the USG. Monitor all external activities and programs of the College and Batch Student Governments. Co-chair the Activities Assembly and assume chairmanship chairmanship if the Vice President for Internal Internal Affairs is absent or incapacitated or if so directed by the EB. Create departments departments and ad hoc hoc as may may be necessary to discharge discharge specific functions of the external affairs Establish liaisons with other student governments governments and other relevant entities. Establish alliances alliances with external entities on specific issues or or campaigns campaigns as specified specified by the EB. Perform other functions as deemed necessary by the EXECOM.
The Executive Secretary shall: 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. 4.8.
Report directly to the President. Be the Chief Administrative Administrative Officer of the USG. Take charge of the daily and administrative administrative affairs of the USG. Be the official custodian of all records and papers of USG. Record all meetings meetings of of the EB, EXECOM, USG General Assemblies, Convention of Leaders, Legislative Legislative Assembly and Inner Circle. Be responsible responsibl e for efficient USG office management. Be responsible for the training and development development and other other concerns concerns and needs of USG officers in the discharge of their duties. Handle all correspondences correspondences of the EB, both internally and externally. externally.
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4.9. 4.10. 4.11. 4.12. 4.13. 4.14. Section 5.
Coordinate with the other offices to facilitate the maintenance maintenance of a complete complete and effective effective filing system of the USG. Supervise the information information dissemination of the University-wide University-wide activities, activities, programs and campaigns campaigns of the USG U SG through publicity, publications publications and the like. Establish programs or projects projects to obtain obtain regular feedback from the student body. Prepare the agenda of meetings of of the EB and EXECOM after due due consultation consultat ion with its members. Advise the President on matters of general administration. administration. Perform other functions as deemed necessary by the EXECOM.
The Executive Treasurer shall: 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 5.7. 5.8. 5.9. 5.10. 5.11. 5.12. 5.13. 5.14. 5.15.
Report directly to the President. Act as custodian custodian of the USG funds funds and enforce standard operating procedures within the USG with regards to the financial system. Design and implement a plan plan for the management management of funds under under the jurisdiction of the USG. Be in charge of the preparation prepara tion of the annual budget, of which allocation allocati on must be given to all the offices under the structure of the USG, to be approved by the Legislative Assembly. Formulate and implement policies and procedures governing governin g the financial resources of the USG. Require financial documents necessary for the maintenance of an effective monitoring system. Collect and summarize needed needed data in the preparation of financial reports dealing with all phases of the financial, financial, accounting accounting and operating activities of the USG. Prepare trimestral financial reports dealing with all phases of the financial activities of the offices under the USG structure and present such reports to all offices concerned. Safeguard cash temporarily on hand and maintain banking connection for the regular deposit and savings accounts for the USG. Monitor fund-raising activities initiated by the offices under the USG. Make periodic periodic reviews of the income and expenditure expenditur e status of each budgetary budgetar y unit for any needed remedial action. Review and monitor all receipts and disbursements disbursements of funds within the USG. Prepare an annual financial report of the USG for examination examination by the EXECOM EXECOM and Legislative Legislative Assembly and also for audit b y the Auditor duly appointed by the J udiciary. udiciary. Perform other other such duties and responsibilities responsibilities related related to and/or implied implied from from the above enumeration of duties and responsibilities. responsibilities. Perform other such functions as deemed necessary by the EXECOM.
Arti c l e X T H E A C T I V I T I E S A SS SS E M B L Y Section 1.
The Activities Assembly, which shall hereinafter be referred to as AA, shall be the policy- making arm concerning activities, activities, projects and progra ms of the USG.
Section 2.
The AA shall be composed of the: 2.1. 2.2. 2.3. 2.4.
Section 3.
Vice President for Internal Affairs. Vice President for External Affairs. All College Presidents. All Batch Presidents.
The AA shall have the following powers, duties and responsibilities: responsibilities: 3.1.
To outline and enforce basic policies and procedures procedures for the efficient and effective implementation of student activities, projects and programs and enforce these upon the approval of the EXECOM.
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3.2. 3.3. 3.4. 3.5.
To plan University-wide University-wide student activities, projects projects and programs and assign departments departments or ad hoc for the implementation of such upon the approval of the EXECOM. To create departments and ad hoc as may be necessary necessar y to discharge dischar ge specific functions of the AA. To discuss and deliberate matters pertaining pertaining to to activities, projects and programs of the departments and ad hoc. To perform such other functions as deemed necessary by the EXECOM.
Section 4.
The members of the AA shall determine the frequency frequenc y and the time of their meetings.
Section 5.
Any member of the AA may call special meetings if he/she deemed it necessary. necess ary.
Section 6.
The AA shall constitute constitut e a quorum of no less than two-thirds two-t hirds of its members.
Section 7.
A final decision must be reached via a majority (50% + 1) of those present, subject to the decision of the EXECOM and the Legislative Assembly. Decisions made outside this provision are tentative and unofficial until majority of the AA members are informed and have agreed.
Arti c l e X I T H E C O L L E G E ST U D E N T G O V E R N M E N T Section 1.
The College Student Government, Government, which shall hereinafter hereinafter be referred to as CSG, shall be composed of all undergraduate students students of each respective college.
Section 2.
The CSG Executive Board, which shall hereinafter hereinafter be referred to as CSG-EB, shall shall be the highest governing body and representative authority of each respective college.
Section 3.
The CSG-EB shall be composed of the: 3.1. 3.2. 3.3.
Section 4.
The CSG-EB shall have the following powers, duties and responsibilities: responsibilities: 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. 4.8.
Section 5.
College President. All Batch Presidents from the college. All Legislative Legislative Assembly Representatives Representatives from the college.
To discuss and decide on matters which are pertinent to their respective college. To determine the vision and mission of the CSG and ensure that resources be made available towards their attainment. To outline and enforce basic policies that shall facilitate the performance performance of their duties and responsibilities. To execute all policies policies and directives directives issued by the Legislative Legislative Assembly which are pertinent pertinent to each respective college. To handle college affairs and the needs of the different different majors and batches. To organize and implement programs programs for their particular college. college. To create departments and ad hoc as may be necessary to discharge its functions. functions . Prepare a Rules of Internal Governance of the CSG within within the the framework framework of this Constitution.
The College Presidents shall: 5.1. 5.2. 5.3. 5.4. 5.5.
Report directly to the President Discuss and update the EXECOM on college-wide programs and concerns. Enforce programs of the EB, upon the approval of the EXECOM, to the college and its batches. Spearhead the execution of of all policies and directives issued by the Legislative Legislati ve Assembly Assembl y which are pertinent to their respective colleges. Coordinate with the EXECOM regarding University-wide issues and activities. activities.
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5.6. 5.7.
Chair the CSG-EB and appoint from its members a replacement replacement i n c a se of their incapacity or absence. Perform other functions as deemed necessary by the EXECOM and the Legislative Legislative Assembly.
Section 6.
The members of the CSG-EB shall determine the frequency and the time of their meetings.
Section 7.
Any member of the CSG-EB CSG- EB may call special meetings if he/she deemed it necessary.
Section 8.
The CSG-EB shall constitute constit ute a quorum of no less than two-thirds two-t hirds of its members.
Section 9.
A final decision must be reached via a majority (50% + 1) of those present. Decisions made made outside this provision are tentative and a nd unofficial until majority majority of the CSG-EB members members are informed and have agreed.
Arti c l e XII T H E B A T C H ST ST U D E N T G O V E R N M E N T Section 1.
The Batch Student Government, which shall hereinafter hereinafter be referred to as BSG, shall be composed of all undergraduate students of each respective batch of each respective college.
Section 2.
The BSG Executive Board, which shall hereinafter hereinafter be referred to as BSG-EB, shall be the highest governing body and representative authority of each respective batch of each respective college.
Section 3.
The BSG-EB shall be composed of the: 3.1. 3.2. 3.3
Section 4.
The BSG-EB shall have the following powers, duties and responsibilities: responsibilities: 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7.
Section 5.
5.6. 5.7. 5.8.
.
Create committees committees for the operations operations of the batch. Execute all policies and directives directives issued by the Legislative Assembly which are pertinent to the batch. Organize and implement programs for the enhancement and development development of the batch. Participate in the execution of college and University-wi Universit y-wide de programs progra ms as directed by the College President and AA. Encourage batchmates to participate in batch, college and University-wide programs. Prepare a Rules of Internal Governance of the BSG within the framework of this Constitution. Constitution. Perform other functions as deemed necessary by the EB and the College President.
The Batch Presidents shall: 5.1. 5.2. 5.3. 5.4. 5.5.
Sec tion 6
Batch President. Batch Vice-President. Vice-President. Legislative Legislative Assembly Representative. Representative.
Report directly to the College President and President as deemed necessary. Represent the BSG in the CSG, AA and other such entities as necessary. necessary. Discuss and update the CSG on batch-wide programs programs and concerns. Enforce programs progra ms of the EB, upon the approval of of the EXECOM, EXECOM , to the batch. Spearhead the execution of of all policies and directives issued by the Legislative Legislati ve Assembly Assembl y which are pertinent to their respective batches. Coordinate with the College President and EB regarding college and University-wide issues and activities, respectively. Chair the BSG-EB. Perform other functions as defined defined in the Rules Rules of Internal Governance of the BSG BSG and as deemed necessary by the EB, C ollege President and the Legislative Assembly.
T he B at c h V i ce -Pr -P r e sid e nt s shall:
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6.1. 6.2. 6.3. 6.4. 6.5. 6.6. 6.7. 6.8.
Report directly to the Batch Batch President and College College President and President President as deemed deemed necessary. Represent the Batch President in other programs and activities and other such entities. Discuss and update update the CSG on batch-wide programs and concerns in the the absence of the Batch President. Assume powers and responsibilities responsibilities of of the Batch President in his/her incapacity incapacity or absence. Enforce programs of the EB, upon approval of the EXECOM, for the batch. Assist the Batch President in the execution of all policies policies and directives directives issued by the Legislative Legislative Assembly which are pertinent to their respective batches. Chair the BSG-EB in the absence of the Batch President. Perform other functions as defined defined in the Rules Rules of Internal Governance of the BSG BSG and as deemed necessary by the EB, C ollege President and the Legislative Assembly.
Section 7.
The members of the BSG-EB shall determine the frequency and the time of their meetings.
Section 8.
Any member of the BSG-EB BSG- EB may call special meetings if he/she deemed it necessary.
Section 9.
The BSG-EB shall constitute constit ute a quorum of no less than two-thirds two-t hirds of its members.
Section 10.
A final decision must must be reached via via a majority (50% + 1) of those present. Decisions made outside this provision are tentative and a nd unofficial until majority majority of the BSG-EB members members are informed and have agreed.
Arti c l e XIII THE E XECU TIVE DEPARTMENTS G E N E R A L P R O V I SI SI O N S Section 1.
The Executive Departments, Departments , which shall hereinafter be referred to as EXEDEP, EXEDEP , shall be the standing committees to aid the USG in addressing specific concerns, issues, projects and programs consonant with its principles and purposes.
Section 2.
The Batch Presidents shall be appointed to EXEDEP, except for the Department of Activity Approval and Monitoring, and shall be limited to membership to only one EXEDEP. The EB shall assign the Batch Presidents to the EXEDEP in reference to, but not entirely based upon, the top three choices of each Batch President and in a manner that the EB deems necessary.
Section 3.
Each EXEDEP shall have a Chairperson and a Vice Chairperson, Chairperso n, all of whom shall be elected from among and by the members of the EXEDEP. The members shall determine the manner of election thereof.
Section 4.
The EXEDEP Chairpersons Chairpersons shall have the following powers, duties and responsibilities: 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7.
Section 5.
Report directly to the EB. Preside over the meetings of their respective respective EXEDEP. Administer Administer the overall operations of their respective respective EXEDEP. Report to the AA actions on programs and projects referred to their EXEDEP. Appoint EXEDEP members members to sub-committees as well as delegate EXEDEP tasks to members, members, whenever whenever necessary. Consolidate the EXEDEP members members on matters pertinent pertinent to the AA and in their attendance to AA sessions. Perform other functions as deemed necessary by the EB and AA.
The EXEDEP Vice Chairpersons shall have the following powers, duties and responsibilities:
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5.1. 5.2. 5.3. 5.4. 5.5.
Section 6.
Report directly to the EXEDEP Chairperson. Chairperson. Assume the powers and responsibilities of the EXEDEP Chairperson Chairperson in his/her incapacity or absence. Supervise the EXEDEP programs and projects. projects. Assist the EXEDEP Chairperson in supervising the operation of the EXEDEP. Perform other functions deemed necessary by the EXEDEP Chairperson or as prescribed within the rules of their respective EXEDEP.
The members of the EXEDEP shall have the following powers, duties and responsibilities, other than those stated in Article XII Section 5 of this C onstitution: onstitution: 6.1. 6.2. 6.3. 6.4.
Report directly to the EXEDEP Chairperson. Chairperson. Be present and participate participate actively in all EXEDEP meetings. meetings. Aid the EXEDEP Vice Chairperson in all programs and projects. Perform other functions deemed necessary by the EXEDEP Chairperson or as prescribed within the rules of their respective EXEDEP.
Section 7.
The members of the EXEDEP shall determine the frequency and the time of their meetings.
Section 8.
Any member of the EXEDEP may call special meetings if he/she deemed it necessary.
Section 9.
The EXEDEP shall constitute a quorum of no less than two-thirds two- thirds of its members.
Section 10.
A final decision must be reached via a majority majority (50% + 1) of those present. Decisions made made outside outside this provision are tentative and unofficial unofficial until majority of the EXEDEP members members are informed and have agreed.
EXE CUTIVE DEPARTMENTS Section 11.
The EXEDEP prescribed by this Constitution shall be the following: 11.1 11.2. 11.3. 11.4.
Department Department of Activity Approval and Monitoring. Department Department on Community Development. Department Department on Student Services. Department on Advocacy.
D E P A R T M E N T O N A C T I V I T Y A PP PP R O V A L A N D M O N I T O R I N G Section 13.
The Department Department of Activity Approval and Monitoring, which shall hereinafter hereinafter be referred to as DAAM, shall be the coordinating body of the USG in approving and monitoring student student activities.
Section 14.
The DAAM shall be chaired by a staff duly appointed by the Vice President for Internal Affairs.
Arti c l e X I V T H E L E G I S L A T I V E A SS SS E M B L Y Section 1.
The Legislative Assembly, which shall hereinafter be referred to as LA, shall be the highest policymaking body of the USG. The legislative power shall be vested in the LA, except to the extent reserved to the people by the provisions on initiative and referendum.
Section 2.
The LA shall be composed of the: 2.1. 2.2. 2.3.
Chief Legislator. Legislator. All LA Representatives. Representatives. Legislative Legislative Secretariat.
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Section 3.
The LA shall concern itself with discussing discussi ng and deciding on the following matters: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8.
Section 4.
The Chief Legislator shall have the following powers, duties and responsibilities: responsibilities: 4.1.
4.2. 4.3. 4.4.
4.5.
4.6. 4.7. 4.8. 4.9. 4.10. 4.11. 4.12. 4.13. Section 5.
Integral policies, existing operations, projects and programs. Resolutions of University-wide, curricular and extra-curricular matters. matters. Resolutions on national and sectoral issues. Representation Representation of administrative and non-administrative non-administrative units and committees committees requiring such inside the campus. Budget allocation of the USG as presented by the Executive Treasurer. Creation of standing and ad hoc committees committees whose whose functions shall be determined by the body. Approval of the Election Code to be adopted by the Commission on Elections. Approval of appointed USG officers for elected positions.
Call and preside over the sessions of the LA LA and appoint from its members, members, except the Majority and Minority Floor Leaders and the Legislative Secretariat, a replacement upon his/her incapacity or absence. Call and preside over the meetings meetings of the LA Inner Inner Circle and appoint appoint from its members, members, except the Legislative Secretariat, a replacement replacement upon his/her incapacity or absence. Call special LA sessions. Preserve order and decorum during sessions, and, in case of disturbance or disorderly conduct within the premises where the session is being held, take such measures as he/she may deem advisable or as the LA may direct. Rule on all questions of order, subject to appeal by any member of the LA, which appeal shall not be debatable, but the member appealing may explain his/her appeal for not more than five minutes. Sign and affix the seal of the USG in all resolutions, memorials, memorials, writs, writs, warrants warrants and subpoenas issued by the order of the LA. Enforce all rules, policies policies and procedures governing the LA. Receive periodic reports from all units and members members of the LA whose frequency of submission shall be at his/her discretion. Appoint LA Representatives Representatives to LA Committees. Committees. Be an ex-officio member of all LA Committees. Committees. Have administrative administrative supervision over the LA and all its units. Be the official representative representati ve of the LA in functions that require its presence. Ensure that the LA follows properly the parliamentary parlia mentary procedure during sessions. sessio ns.
The LA Representatives Representatives shall have the following powers, duties and responsibilities: responsibilities: 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 5.7. 5.8. 5.9. 5.9.
Report directly to the Batch President, College President, Chief Legislator Legislator and President as deemed necessary. Participate Participate actively in LA sessions. Conduct regular consultations consultations with his/her constituents regarding academic and non-academic matters. Hold position in other USG units and University-wide committees committees as appointed. Handle the College Advisory Board together together with the other LA Representatives Representatives of of each each respective college. Handle the Batch Advisory Board. Review existing policies and resolutions. Pass resolutions resolutions and legislations that are of relevance to the studentry. Be entitled to a copy of all minutes, minutes, resolutions and the like like that concerns concerns the legislative proceedings. proceedings. Perform other functions as deemed necessary by the EB, College President, Batch President, Chief Legislator Legislator and the LA.
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Section 6.
The Legislative Legislati ve Secretariat Secretaria t shall be chaired by the Executive Executi ve Secretary Secretar y and composed of at least two staffs from the Office of the Executive Secretary.
Section 7.
The Legislative Legislative Secretariat shall have the following powers, duties and responsibilities: 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. 7.7. 7.8. 7.9.
Section 8.
Report directly to the Chief Legislator. Legislator. Enforce orders of the LA when such duty devolves upon them. Record the minutes minutes of each session of the LA and all meetings meetings of the LA Inner Circle. Call the roll of the members of the LA before the opening of the session. sessio n. Note all questions in order with the decisions thereon. Complete, within five days after the close of the session, sessi on, the printing and distribution distributi on of the minutes for the said session to the members of the LA. Provide each LA Committee a copy copy of the outline outline of the minutes for filing and reference. Take charge in counting and recounting the votes or ballots. Perform other functions as deemed necessary by the Chief Legislator Legislator or the LA.
The LA Representatives Representatives shall, during the first session, elect among themselves a Majority Floor Leader and a Minority Floor Leader. 8.1.
8.2.
The Majority Floor Leader shall consolidate consolidate the arguments and positions in a specific specific issue or resolution of the majority of the body. He/She shall serve as the spokesperson of the majority side. In case of conflict of interest, he/she may appoint anyone from the majority side to assume the position but may not vacate his/her position as part of the majority, except for meritorious cases to be decided by the Chief Legislator. He/She may call separate meetings outside the LA sessions to convene the majority side. The Minority Floor Leader shall consolidate consolidate the arguments and positions in a specific issue or resolution of the minority of the body. He/She shall serve as the spokesperson of the minority side. In case of conflict of interest, he/she may appoint anyone from the minority side to assume the position but may not vacate his/her position as part of the minority, except for meritorious cases to be decided by the Chief Legislator. He/She may call separate meetings outside the LA sessions to convene the minority side.
Section 9.
The members of the LA shall determine the frequency and the time of their meetings.
Section 10.
The LA shall constitute constitut e a quorum of no less than two-thirds two- thirds of its members.
Section 11.
Decisions made made in the absence of the quorum shall not be binding, unless such are made in the context of an implied quorum. 11.1. 11.2.
11.3.
Implied quorum shall shall only be decided decided through through a 100% vote vote of the members members present, present, which is composed of at least a majority (50% + 1) of the members of the LA. Decision made made during an implied implied quorum can be reached through through a majority vote and shall remain final unless no member of the body challenges the decision in the succeeding sessions or meetings. Decisions made made during an implied implied quorum, quorum, which were reached reached through a 100% vote, shall be considered final.
Section 12.
Resolutions Resolutio ns shall be passed by a majority vote (50% + 1) of the LA Representatives Represe ntatives present in the session, with the exception of resolutions which seek to amend this Constitution which requires a twothirds vote of the members of the LA.
Section 13.
Resolutions Resolutio ns passed by the LA shall be final and binding. However, if the EXECOM does does not concur though a two-thirds vote of its members, the EXECOM may ask for reconsideration and return the same with objections to the LA immediately on its next session. In the event that the LA retains the original decision by a majority vote of LA Representatives present, the resolution is executory.
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Section 14.
All rulings announced by the Chief Legislator shall be final unless reversed through a motion to appeal -thirds -thirds vote of the members of the LA to be carried.
Arti c l e X V THE LA CO MMITT EES Section 1.
The LA Committees shall be formed to address specific tasks and functions functio ns and ensure that specialized issues and concerns are adequately addressed by the LA.
Section 2.
The LA Representatives Representatives shall be appointed to LA Committees and shall be limited to membership membership to only one LA Committee. The Chief Legislator shall assign the LA Representatives to the LA Committees in reference to, but not entirely based upon, the top three choices of each LA Representative and in a manner that he/she deems necessary.
Section 3.
Each LA Committee shall have a Chairperson, a Vice Chairperson and a Secretary, all of whom shall be elected from among and by the members of the committee. The members shall determine the manner of election thereof.
Section 4.
The LA Committee Chairpersons shall have the following powers, duties and responsibilities: responsibilities: 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. 4.8.
Section 5.
The LA Committee Vice Chairpersons shall have the following powers, duties and responsibilities: 5.1. 5.2. 5.3. 5.4. 5.5.
Section 6.
Report directly to the LA Committee Chairperson. Assume the powers and responsibilities responsibilities of of the LA Committee Chairperson in his/her incapacity incapacity or absence. Supervise the LA Committee researches. Assist the LA Committee Chairperson in supervising the operation of the LA Committee. Perform other functions deemed necessary by the LA Chairperson Chairpers on or as prescribed within the rules of their r espective committees. committees.
The LA Committee Secretary shall have the following powers, duties and responsibilities: 6.1. 6.2. 6.3. 6.4. 6.5. 6.6. 6.7.
Section 7.
Report directly to the Chief Legislator. Legislator. Preside over the meetings of their respective respective LA Committees. Committees. Participate in the meetings of the LA Inner Circle. Administer Administer the overall operations of their respective committees. committees. Report to the LA Inner Circle actions on resolutions referred to their committees. committees. Appoint committee members to sub-committees sub-co mmittees as well as delegate committee tasks to committee members, whenever necessary. Consolidate the committee members on matters matters pertinent pertinent to the LA and in their attendance to LA sessions. Perform other functions as deemed necessary by the Chief Legislator Legislator and the LA.
Report directly to the LA Committee Chairperson. Record the minutes of the LA Committee meetings and provide copies to committee members. members. Organize and compile all documents pertinent to the LA Committee. Be in charge of all logistical work of the LA Committee. Be responsible for drafting and submission of periodic reports to the Chief Legislator. Inform members members of of the LA Committee meetings meetings two days prior to the scheduled schedule d date of the meeting. Perform other functions deemed necessary by the LA Committee Chairperson or as prescribed within the rules of their respective committees. committees.
The members of the LA Committees shall have the following followi ng powers, duties and responsibilities, responsibi lities, other than those stated in Article XIV Section 5 of this C onstitution: onstitution:
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7.1. 7.2. 7.3. 7.4.
Report directly to the LA Committee Chairperson. Be present and participate participate actively in all LA Committee meetings. meetings. Aid the LA Committee Vice Chairperson in committee researches. Perform other functions deemed necessary by the LA Committee Chairperson or as prescribed within the rules of their respective committees. committees.
Section 8.
The members of the LA Committees shall determine the frequency and the time of their meetings.
Section 9.
Any member of the LA Committees may call special meetings if he/she deemed it necessary. necessar y.
Section 10.
The LA Committees shall constitute a quorum of no less than two-thirds two-thir ds of its members.
Section 11.
A final decision must must be reached via a majority (50% + 1) of those present. Decisions made outside this provision are tentative and unofficial unofficial until majority of the LA Committee members are informed informed and have agreed.
Arti c l e X V I T H E L A IN IN N E R C I R C L E Section 1.
The LA Inner Circle, which shall hereinafter hereinafter be referred to as LA-IC, shall shall be vested with the administrative power of the LA.
Section 2.
The LA-IC shall be composed of the: 2.1. 2.2. 2.3. 2.4. 2.5.
Section 3.
Chief Legislator. Legislator. Majority Floor Leader. Minority Floor Leader. All LA Committee Chairpersons. Legislative Legislative Secretariat.
The LA-IC shall have the following powers, duties and responsibilities: 3.1. 3.2. 3.3.
3.4. 3.5.
Discuss and decide on matters relating to the administration administra tion of the LA. Receive reports from LA LA Committees Committees on resolutions referred to it and on the performance of the committee and its members. Discuss and decide on matters relating to the rules and procedures to be used in the consideration on the floor of resolutions reported to it, such as time limit for the debates, rules on germaneness and amendments, etc. Calendar resolutions resolutions reported by the LA Committees Committees for consideration. consideration. Outline the agenda of all LA sessions.
Section 4.
All rulings by the LA-IC on matters pertaining pertainin g to the administration administrat ion of the LA may be overturned by a two-thirds vote of the total membership of the LA.
Section 5.
The members of the LA-IC shall determine the frequency and the time of their meetings.
Section 6.
Any member of the LA-IC may call special meetings if he/she deemed it necessary. necessar y.
Section 7.
The LA-IC shall constitute a quorum of no less than two-thirds of its members.
Section 8.
A final decision must be reached via a majority (50% + 1) of those present. Decisions made made outside this provision are tentative tentative and unofficial until majority majority of the LA-IC members members are informed informed and have agreed.
Arti c l e X V I I
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T H E C O L L E G E L E G IS IS L A T I V E B O A R D Section 1.
The College Legislative Board, which shall hereinafter be referred to as the CLB, shall be an aid to the CSG and shall act as the highest policy-making body of the CSG.
Section 2.
The CLB shall be composed of: 2.1.
Section 3.
All LA Representatives Representatives of the college.
The CLB shall concern itself with discussing discuss ing and deciding on the following matters: 3.1. 3.2. 3.3. 3.4. 3.5.
Integral policies, existing operations, projects and programs of the college. Resolutions of curricular curricular and extra-curricular matters matters which are college-wide or batch-wide, as may be necessary, in scope. Representation Representation of administrative and non-administrative units and committees committees requiring such within the college. Creation of standing standin g and ad hoc committees for the college whose functions functio ns shall be determined by the body. Approval of College Commissioners for the Commission on Elections and the Commission on Audit.
Section 4.
Motions or resolutions approved by the CLB may be subject to the approval of the LA as deemed necessary.
Section 5.
The members of the CLB shall determine the frequency frequen cy and the time of their meetings.
Section 6.
Any member of the CLB may call special meetings if he/she deemed it necessary. necessar y.
Section 7.
The CLB shall constitute a quorum of no less than two-thirds two-t hirds of its members.
Section 8.
A final decision must be reached via a majority (50% + 1) of those present. Decisions made made outside this provision are tentative tentative and unofficial unofficial until majority majority of the CLB members members are informed informed and have agreed. agreed.
Arti c l e X V I I I T H E JU JU D I C I A R Y Section 1.
The Judiciary shall be the sole body to be vested with judicial power. Judicial power includes the duty of the Judiciary to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the USG. The Judiciary shall enjoy fiscal autonomy.
Section 2.
The Judiciary shall be composed of the: 2.1. 2.2.
Section 3.
Chief Magistrate. Five Magistrates.
The Judiciary shall have the following powers, duties and responsibilities: responsibilities: 3.1.
3.2. 3.3. 3.6.
To sit e n ban c c , hear, try and resolve, by a two-thirds vote of the members present, within three weeks any complaint involving the constitutionality, constitutionality, legality or jurisdiction of the acts, policies and resolutions of USG officers. To summon, order the investigation of suspension and impeach or recall USG officers. To reprimand or cite in contempt any USG officer or unit. To review and approve appointments by the officers of the USG.
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3.7. 3.8. 3.9. 3.10. 3.11. 3.12
To review and approve approve the budget allocation of the USG, USG, as presented presented by the the Executive Treasurer. To confirm all Commissioners of the Commission on Elections Elections and Commission on Audit approved by the College Legislative Board. To appoint its Investigating Investigating Officers and Prosecuting Officers whose number shall be determined by the Judiciary. To draft and adopt a Complaint and Impeachment Impeachment Code. To draft and adopt its own Rules of Internal Governance including the Rules of Court. To conduct impeachment trials for any USG officer who is subject of an impeachment complaint.
Section 4.
The LA shall prescribe the qualifications qualifications of the Magistrates, Auditor, Investigating Investigating Officers and Prosecution Officers.
Section 5.
The Magistrates Magistra tes shall be duly appointed by a group of representatives representa tives from both the outgoing members of the EXECOM and the Judiciary. The number of representatives of the Judiciary shall be the number of undergraduate colleges, such that each college is represented.
Section 6.
The completion completio n of appointment appointmen t of all Magistrates Magistr ates shall be at most a month after the General Elections. The term of the Magistrates shall commence right the completion of appointment.
Section 7.
A magistrate may hold office for more than one school year given that he/she will undergo reapplication reapplicati on provided that that he/she has at least three three terms remaining. remaining.
Section 8.
A joint EXECOM, AA and LA session, to be chaired by the President, shall be devoted to elect a Chief Magistrate. Such election shall be done at most one week after the completion of appointment of the Magistrates.
Section 9.
The Chief Magistrate shall preside over all proceedings and shall be the spokesperson of the Judiciary. In his/her absence or incapacity, he/she may appoint a replacement among the members of the Judiciary.
Section 10.
Any Magistrate who has has committed committed his/her his/her third third unexcused unexcused absence absence from its its sessions shall automatically automatically be investigated for impeachment. impeachment.
Section 11.
The Magistrates shall determine the frequency and the time of their meetings.
Section 12.
Any Magistrate Magistr ate may call special meetings if he/she deemed it necessary.
Section 13.
The Judiciary Judiciar y shall constitute constitute a quorum of no less than than two-thirds two- thirds of its members, except on impeachment impeachment proceedings which require complete attendance.
Section 14.
Cases concerning violations of any USG officer of this constitution constitution and its bylaws shall be heard heard and decided upon by a magistrate from the college to which the accused belongs. Decisions made by a sole magistrate can be subject to appeal provided that new e vidences vidences and/or points supporting the case of the accused are found. Such appeal process shall be provided for in the Rules of Court.
Arti c l e X I X CONSTITUTIONAL COMMISSIONS C O M M O N PR PR O V I S SII O N S Section 1.
There shall be two independent Constitutional Commissions that shall report directly to the Judiciary: 1.1. 1.2.
Commission on Elections.
Commi ssion on A udit
.
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Section 2.
The LA shall prescribe the qualifications qualificatio ns of the Commissioners Commissi oners of the Commission Commissi on on Elections and the Commission on Audit.
Section 3.
The Commissioners shall be appointed and approved by their respective College Legislative Board and shall be presented to the Judiciary for confirmation.
Section 4.
The completion of appointment, approval and confirmation confir mation of all Commissioners shall be at most a month after the General Elections. The term of the Commissioners shall commence right the confirmation confirmation of all the Commissioners C ommissioners of each Constitution C onstitutional al Commission.
Section 5.
The Commissioners shall hold office for one complete school year, beginning in the first trimester and ending in the third trimester.
Section 6.
All Commissioners Commissioners shall be prohibited from appointed position/s in any USG unit.
Section 7.
The Commissioners Commissi oners of each Constitutional Constit utional Commission shall elect among themselves a Chairperson, a Vice Chairperson, a Secretary and a Treasurer. They shall also be given the prerogative to recruit members who shall help them in discharging their functions.
Section 8.
The Chairperson of each Constitutional Constitutional Commission shall preside over all proceedings and shall be the spokesperson of his/her respective Constitutional Commission.
Section 9.
The Commissioners Commissioners of each Constitutional Commission shall determine the frequency and the time of their meetings.
Section 10.
Any Commissioner Commissi oner of each Constitutional Constituti onal Commission Commissio n may call special meetings if he/she deemed it necessary.
Section 11.
Each Constitutional Commission shall constitute a quorum of no less than two-thirds of its members.
Section 12.
A final decision must must be reached via a majority (50% + 1) of those present. Decisions made outside this provision are tentative and unofficial until majority of the members members of each Constitutional Constitutional Commission are informed and have agreed.
C O M M I SS SS I O N O N E L E C T I O N S Section 13.
The Commission Commissi on on Elections, which shall hereinafter be referred to as COMELEC, shall decide on all electoral electoral exercises within the University.
Section 14.
The COMELEC shall be composed of two Commissioners from each college.
Section 15.
The COMELEC shall have the following powers, duties and responsibilities: responsibilities: 15.1. 15.2. 15.3. 15.4. 15.5. 15.6. 15.7.
Section 16.
To adopt and uphold the Election Code passed by the LA. To serve as the steering committee for the USG elections. To certify qualifications qualifications of candidates. To penalize penalize or disqualify disqualify candidates candidates and/or and/or political political parties parties who violate the Election Election Code. To educate voters on the voting process process to be used in the USG elections. To encourage students to vote. To enforce enforce and administer all rules rules and regulations relative to the conduct of an election, election, plebiscite, plebiscite, initiative, referendum referendum and recall. recall.
The decision of the COMELEC on all electoral practices shall be considered considere d final unless appealed in the Judicial department.
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C O M M I SS SS I O N O N A U D I T Section 20
The Commission Commissi on on Audit, which shall hereinafter be referred to as COA, shall be composed of a chairman and two commissioners, who shall be legitimate students of DLSU, and at the time of their appointment, has at least one year of tenure in DLSU, and must not have been candidates for any position in the the election preceding preceding their appointment. appointment.
Section 21
The Chairman and the Commissioners Commission ers shall be appointed by the President Presid ent with consent of the EXECOM, Chief Legislator and Chief Magistrate, for three consecutive terms without reappointment. reappointment.
Section 22
In cases of early vacancy, vacancy, the the President with consent of the EXECOM, Chief Legislator Legislator and Chief Magistrate must appoint a new commissioner who will serve the unexpired term of the commissioner preceding his his appointment.
Section 23
The Commission Commissi on on audit shall have the power, authority, and duty to examine and audit all accounts pertaining to the revenue and receipts of, and to the expenses expenses and disbursements disbursements of every USG unit
Section 24 Section 25
The Commission Commissi on on Audit shall create a COA Manual to be approved by the Legislative Assembly The COA Chairman shall have 1 year experience experience of being an auditor in the Office of the Treasurer.
Section 26
The Commission Commissio n on audit has the responsibility responsi bility of filing a complaint to the USG-SC USG- SC or to lower courts, whichever is deemed necessary, against any USG official accused to be misappropriating fund.
Section 27
The COA shall create their own structure relevant to their operations. operations.
Section 27
The Commission on Audit shall submit trimestral COA reports to the President, Chief Legislator Legislator and Chief Magistrate.
Arti c l e X X ARTICL ES OF IMPEACH MENT Section 1.
All USG elected officers may be removed from office, on impeachment for, and conviction convict ion of, culpable violations of this Constitution and betrayal of public trust.
Section 2.
The following may be grounds for impeachment: 2.1. 2.2. 2.3. 2.4. 2.5.
Any willful violation of this Constitution and its bylaws. Gross negligence negligence of duty. Illegal disbursement of funds. Any behavior which undermines undermines the integrity of the USG. Any other forms of gross misconduct misconduct as provided by the USG policies.
Section 3.
Any student or officer of the USG may file a resolution of impeachment impeachment against any USG officer. The resolution must be addressed to the Chief Magistrate.
Section 4.
The policies policies on impeachment impeachment shall be as follows: 4.1.
4.2.
The Judiciary shall order order investigations of cases of impeachment impeachment and recall recall at its its own discretion or on the basis of written complaints from any student or officer of the USG within seven regular school days (not including Sundays and holidays). The Judiciary shall then decide whether to initiate impeachment or recall proceedings or not. Should the Judiciary fail to meet this deadline, complaints shall automatically be dismissed. The Judiciary shall serve notice notice of impeachment or recall to the official/s official/s concerned at least four days before the set hearing date. Any USG officer must take a leave of absence once notice of impeachment or recall is served to him/her.
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21
4.3. 4.4. 4.5.
All matters of impeachment and recall shall be heard and tried with all the Magistrates Magistr ates in attendance. attendance. Decisions on impeachment impeachment shall be made upon two-thirds vote of the Judiciary. The Judiciary shall impose the necessary sanctions. All decisions of the Judiciary on matters matters of impeachment and recall are final and executory, except for meritorious cases. Should any Magistrate be the subjected to an impeachment complaint, he/she must take a leave leave of absence before any investigation on the c omplaint omplaint is conducted. He/She shall be temporarily replaced within twenty-four hours by a prosecuting officer of his/her choice. A special body, chaired by the President, with five unconfirmed impartial appointees from the students, shall initiate impeachment proceedings on the Magistrate/s concerned. It shall resolve the matter unanimously within three weeks.
Arti c l e X X I T H E C O U N C I L O F S T U D E N T O R G A N I Z A T I O NS NS Section 1.
The Council of Student Organizations, which shall hereinafter be referred to as CSO, shall be the union of all the duly accredited organizations organizations in the University. The CSO shall create and maintain conditions ces and activities and develop proactive and dynamic leaders.
Section 2.
The CSO shall be an autonomous body that may work closely in coordination, in the principle of synergy, with the Vice President f or Internal Affairs.
Section 3.
The CSO shall: 3.1. 3.2.
Section 4.
Adhere to the policies of cooperation and harmonious harmonious relations with all the units of the USG. Be responsible for its member organizations organizatio ns and be answerable answera ble to the student body, subject to agreements agreements entered into by the CSO and its member organizations.
The CSO shall have the right to: 4.1. 4.2. 4.3.
Operate on its own with regards to CSO-related matters. matters. Implement full decision-making decision- making capability on matters concerning its member organizations. organizatio ns. Draft its own by-laws to to guide guide its operations operations and policies policies subject to the consultation and approval of the Council Body and in reference to the policies of the USG.
Section 5.
The policy-making policy- making body of the CSO shall be the Council Body composed of all the existing organizations.
Section 6.
A student organization organizat ion shall be recognized recognize d for membership in CSO subject to the policies of the Aspiring Organizations Accreditation Committee (AOAC).
Section 7.
The CSO as a body shall not be empowered to make stands on national and University Universit y issues but individual organizations may do so. CSO as a body, however, upon a unanimous decision, may take stands on University issues affecting the interests of the member organizations upon the discretion of the CSO Executive Board.
Section 8.
The CSO and its member organizations organizations are prohibited from endorsing any political party or candidate for the USG Elections.
Arti c l e X X I I CON VENT ION OF LE ADERS Section 1.
The Convention of Leaders, which shall hereinafter hereinafter be referred to as COLE, shall serve as an advisory body to the President, President, without any executive executive or legislative legislative functions.
Section 2.
The COLE shall be composed of the:
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22
2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. 2.11. 2.12. Section 3.
The COLE shall serve as a venue where: 3.1. 3.2. 3.3. 3.4. 3.5.
Section 4.
All members of the EXECOM. Chief Legislator. Legislator. Chief Magistrate. All Batch Presidents. One representative representative from each recognized student organization. organization. One representative representative from each unrecognized student organization. organization. One representative representative from each major student publication. publication. One representative representative from each support group of administrative unit. One representative from each cultural arts group. One representative representa tive from each athletic and varsity team. One representative representative from from each other student organization or unit unit not listed. Immediate past members of the USG EB.
The student leaders can suggest projects, projects, programs programs and actions to the USG regarding national, sectoral and University-wide and academic-related issues. The USG leadership leadership can gather feedback on the projects, projects, programs programs and actions being undertaken by the USG. The student leaders can assess the performance performance of of the USG and recommend necessary steps to further attain its objectives Information regarding USG affairs can be disseminated disseminated directly from the EB to the student leaders. Other functions as deemed deemed necessary by the President.
The COLE shall convene once a term. The President shall have the prerogative to call emergency meetings at times which warrant the immediate advice of the COLE.
Arti c l e X X I I I ELECTIONS Section 1.
The elections of the USG officers shall be held every third trimester of the preceding school year, with the exception of the election of incoming freshmen officers, which shall be held during the first trimester trimester of the school s chool year.
Section 2.
USG officers shall be elected by the plurality of all votes cast. Protest of a majority (50% + 1) against any officer by his/her constituent population shall render the election of such an officer invalid.
Section 3.
The qualifications qualifica tions to be a candidate for the USG elections shall be provided by the Election Code.
Section 4.
The members of the EB shall be voted into office by the members of the entire student body.
Section 5.
The College Presidents shall be voted into office by the members of their respective colleges.
Section 6.
The Batch Presidents and the LA Representatives Representatives shall be voted into office by the members of their respective respective batches of their respective r espective colleges. colleges.
Section 7.
The COMELEC shall call a special election within the first four weeks of the first trimester of the school year for vacancies arising from the disqualification of candidates.
Section 8.
The term of the USG officers shall begin on the last day of the preceding school year year and end on the last day of the same school year.
Arti c l e X X I V VACANCIES
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23
Section 1.
The LA shall decide on actions required require d for vacancies in the USG following followi ng a special session. sessio n.
Section 2.
In case of incapacity in the discharge of duties, removal from office or resignation resignati on of the President, the Vice President for Internal Affairs shall take the position of the President while maintaining his/her functions and powers as Vice President for Internal Affairs until the necessary a ppointment ppointment is made.
Section 3.
In case of incapacity in the discharge dischar ge of duties, removal from office or resignation of any EB member excluding the President, the President shall endorse a USG officer excluding the Judiciary department, and the LA shall decide on the endorsement of the USG officer into position.
Section 4
In case of incapacity in the discharge of duties, removal from office or resignation of a Batch VicePresident or LA Representative, the College President shall decide on what action/s to take in such circumstance, upon confirmation of the LA.
Section 5.
Resignation Resignatio n shall only be valid if it concerns health, academics, among others, subject to the approval of the LA. There shall be no leave of absence from the USG duties, except for the case of incumbent USG officers seeking to run for office in the next general elections. Such officers are, however, required to resume their original posts and complete the term of their original office after election.
Arti c l e X X V G E N E R A L P R O V I SI SI O N S Section 1.
The results of all referenda and plebiscites not provided herein shall be valid upon a majority turnout of voters.
Section 2.
All incumbent COMELEC Commissioners Commissioners shall remain in office until after the newly appointed Magistrates assume their office.
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24
Arti c l e X X V I AMENDMENTS Section 1.
Any amendment or revision of this Constitution Constit ution may be proposed by the students through an initiative initiativ e upon a vote of at least two-thirds of the members of the LA.
Section 2.
Any amendment or revision of this Constitution under Section 1 hereof shall be valid only when ratified by a majority majority of all votes cast in a plebiscite.
Section 3.
No amendment or revision of this Constitution shall be authorized within three years following the ratification of this Constitution.
Arti c l e X X V I I T R A N SI SI T O R Y P R O V I SI SI O N S Section 1.
All existing resolutions, codes, Rules of Internal Governance and policies consistent with this Constitution shall remain operative until amended, repealed or revoked.
Section 2.
The term of incumbent officers shall be extended extende d until such time that matters pertaining pertainin g to their term of office require representation of the st udentry.
Arti c l e X X V I I I S E PA PA R A B I L I T Y C L A U SE SE If any provision of this Constitution is declared invalid, the remainder thereof not affected thereby shall continue in full force and effect.
Arti c l e X X I X EFFECTIVITY This Constitution shall take effect the school year following the ratification by a majority of fifty percent plus one votes cast by the members of the USG a t a plebiscite called for by this purpose and shall sup ercede all previous constitutions. constitutions.
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-01-15 Status: Approved
4 5
Resolution No. 2009-12
6 7 8
Sponsored by: Rules and Policies Committee
9 10 11 12
Carl Vincent Abaya, FAST 2007 Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng
Ma. Ana Patricia Mallari, BnE 2010 Anna Villanueva, Villanueva, FAST 2008
13 14 15 16
RESOLUTION CALLING GUIDELINES
FOR
THE
APPROVAL
OF
PRESIDENTIAL
PARDON
17 18 19
Whereas, the Legislative Assembly is the highest policy making body of the Student Council (Article VIII Section 1, Student Council Constitution);
20 21 22 23 24 25 26
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Article VIII, Section 5.1);
27 28 29 30 31
Whereas, the University Student Government has been ratified. (Mistades, V. (2009, April 21). DLSU-Manila: Announcements: Results of the Student Council General Elections 2009. Retrieved July 1, 2009, from De La Salle University: Manila website: http://www.dlsu.ph/announcements/default.asp?id=604);
32 33 34 35 36
Whereas, the USG President shall be vested with the power to grant presidential pardon to any USG officer found guilty of violation of this constitution and its bylaws by the Judiciary, provided that the pardon is with just cause. (USG Constitution, Article IX Section 1.15);
37 38 39 40
Whereas, a pardon is defined as an action of an executive official of the government that mitigates or sets aside the punishment for a crime. (West's Encyclopedia of American Law, edition 2. (2008). Farmington Hills, MI: The Gale Group Inc. );
41 42 43 44 45 46
Whereas, a pardon is divided into absolute and conditional. The former is that which frees the criminal without any condition whatever; the latter is that to which a condition is annexed, which must be performed before the pardon can have any effect. (Bouvier, J. (1856). A Law Dictionary: Adapted to the Constitution and Laws of the United States. Philadelphia.);
47 48 49 50 51 52 53
Whereas, an unconditional pardon fully restores an individual's civil rights forfeited upon conviction of a crime and restores the person's innocence as though he or she had never committed a crime. This means that a recipient of a pardon may regain the right to vote and to hold various positions of public trust. (West's Encyclopedia of American Law, edition 2. (2008). Farmington Hills, MI: The Gale ); Group Inc. );
54 55 56 57 58 59 60 61
Whereas, a conditional pardon imposes a condition on the offender before it becomes effective. Typically this means the commutation of a sentence. For example, the president has the power under the Pardon Clause to commute a death sentence on the condition that the accused serve the rest of his or her life in prison without eligibility for Parole, even though a life sentence imposed directly by a court would otherwise be subject to parole. (West's Encyclopedia of American Law, edition 2. (2008). Farmington Hills, MI: The Gale Group Inc. );
62 63 64 65 66
Whereas, except in cases of impeachment, or as otherwise provided in the Philippine Constitution, the Philippine President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. (1987 Constitution of the Republic of the Philippines, Article VII Section 19);
67 68 69
Wherefore, be it resolved that the Presidential Pardon Guidelines take into effect from SY 2010-2011 to SY 2011-2012;
70 71 72 73
Wherefore, be it further resolved that any amendments to the Presidential Pardon Guidelines after its approval shall be subject to a majority vote in the Legislative Assembly; Assembly;
74 75 76
Wherefore, be it finally resolved that the Presidential Pardon Guidelines attached (see appendix) be approved.
77 78 79
Adopted, July July 3, 2009
1
APPENDIX
2
PRESIDENTIAL PRESIDENTIAL PARDON GUIDELINES
3 4 5
I.
Definition of Terms
6
A. Pardon is an action action which mitigates or sets aside aside the punishm punishment ent for a crime; B. A just cause is a reason deemed rationale by the discretion of the officer granting the pardon; C. Commutation is the replacement of a greater greater amount by a lesser amount;
7 8 9 10 11 12 13
II.
The Presidential Pardon
14
A. Description Description of the President Presidential ial Pardon
15 16
i. A presidential presidenti al pardon pardon shall render the offender free from the sanction/s imposed by the Judiciary; ii. A presidential pardon shall be granted upon the sole decision of the President; iii. A presidential presidenti al pardon may either be conditional or unconditional:
17 18 19 20 21 22
1. A conditional pardon imposes a condition which can be fulfilled at the moment of imposition on the offender before the pardon takes effect (i.e. commutation of a sanction); 2. An unconditional pardon restores the state of innocence of the offender as though he/she had never committed the crime upon declaration of the pardon;
23 24 25 26 27 28 29
B. Requirements for a Presidential Pardon
30 31
i. declaration of the offender guilty; ii. A presidential presidenti al pardon shall be of just just cause;
32 33 34 35
C. Restrictions on the Presidential Pardon
36 37
i. A presidential pardon, upon being granted, may or may not be accepted by the offender; ii. A presidential pardon can no longer be revoked once granted;
38 39 40 41 42
III.
The President
43 44 45 46
A. The President President shall shall make his/her his/her formal formal intention, act, and cause of pardon public to all USG units, student publications, and the studentry by issuing an official statement from his/her office;
B. Upon granting an unconditional pardon, the President shall be responsible for answering to any legal repercussions caused by the pardoned act of the offender; C. Upon granting a conditional pardon, the President shall make his/her condition for pardon public to all USG units and student publications;
47 48 49 50 51 52 53
IV.
Other Provisions
54 55 56 57 58 59 60 61 62 63 64
A. All parties parties directly concerne concerned d by the violation violation and pardon pardon reserve reserve the option to consult with the President and express his/her opinion publicly regarding the pardon; B. The Officers Monitoring Board reserves the option to monitor the performance of the pardoned USG officer for the remainder of his/her term of office by requiring him/her to report to the Officers Monitoring Board or any USG unit as stated by the Officers Monitoring Board whenever deemed necessary; C. The Office of the President shall shall be responsible for properly documenting all presidential pardons granted within the term of office of the President.
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-01-17 Status: Approved
4 5 6
Resolution No. 2009-15
7 8
Sponsored by: Rules and Policies Committee
9 10 11 12
Carl Vincent Abaya, FAST 2007 Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng
Ma. Ana Patricia Mallari, BnE 2010 Anna Villanueva, Villanueva, FAST 2008
13 14 15 16 17
RESOLUTION CALLING FOR THE APPROVAL OF THE JURISDICTION GUIDELINES FOR UNIVERSITY AND COLLEGE MAGISTRATES OF THE UNIVERSITY STUDENT GOVERNMENT
18 19 20 21 22
Whereas, the De La Salle University Student Council is the supreme student organization of DLSU, the power of which emanates from the Student Body. It shall be the sole, unified, autonomous and democratic representative body of the Students (De La Salle University Student Council Constitution, Art. III, Sec. 1);
23 24 25
Whereas, the Legislative Assembly is the highest policy making body in the Student Council (De La Salle University Student Council Constitution, Art. VIII, Sec.1);
26 27 28 29 30 31 32
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Art. VII, Sec. 5.1);
33 34 35 36 37
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council General Elections 2009. Retrieved July 3, 2009 from http://www.dlsu.ph/announcements/default.asp?id=604,);
38 39 40 41 42 43
Whereas, the Judiciary shall have the power, duty and responsibility to sit en banc , hear, try and resolve, by a two-thirds vote of the members present, within three weeks any complaint involving the constitutionality, legality or jurisdiction of the acts, policies and resolutions of USG officers (University Student Government Constitution, Art. XVIII, Sec. 3.1);
44 45 46
Whereas, cases concerning violations of any USG officer of this constitution and its bylaws shall be heard and decided upon by a magistrate from the college to
47 48 49 50
which the accused belongs. Decisions made by a sole magistrate can be subject to appeal provided that new evidences and/or points supporting the case of the accused are found. Such appeal process shall be provided for in the Rules of Court (University Student Government Constitution, Art. XVIII, Sec. 14);
51 52 53 54
Whereas, the Judiciary shall have the power, duty and responsibility to draft and adopt their own Rules of Internal Governance including the Rules of Court (University Student Government Constitution, Art. XVIII, Sec. 3.11);
55 56 57 58
Whereas, there is a need for a clarification on the distinction of duties and responsibilities between a College Magistrate and the whole Judiciary as seen in the University Student Government Constitution, Art. XVIII, Sections 3.1 and 14;
59 60 61
Wherefore, be it resolved that the Magistrate Jurisdiction Guidelines take into effect from Academic Year 2010-2011 to Academic Year 2011-2012;
62 63 64 65
Wherefore, be it resolved that any amendments to the Magistrate Jurisdiction Guidelines after its approval shall be subject to a majority vote in the Legislative Assembly; Assembly;
66 67 68 69
Wherefore, be it also resolved that the Magistrate Jurisdiction Guidelines supersede the Rules of Court to be made by the Judiciary of the University Student Government upon approval of the Legislative Assembly;
70 71 72 73
Wherefore, be it further resolved that the Magistrate Jurisdiction Guidelines be adopted by the Judiciary arm of the University Student Government upon approval of the Legislative Assembly;
74 75 76
Wherefore, be it finally resolved that the Magistrate Jurisdiction Guidelines (see appendix) be approved.
77 78 79
Adopted, July July 22, 2009 2009
80
Appendix A
81 82
MAGISTRATE JURISDICTION GUIDELINES
83 84 85 86 87
1. Any violation incurred by a non-Executive Board USG officer and non-Executi non-Executive ve Board USG appointee except the magistrates shall first be heard, tried and resolved by his or her respective College Magistrate as stated in Article XVIII, Sec. 14 and the Rules of Court.
88 89 90 91
2. An allotment of three weeks shall be given to the College Magistrate to investigate, decide and resolve the case of the accused USG officer who falls under Guideline 1.
92 93 94 95
3. The College Magistrate, through the help of the Investigating and Prosecuting Officers appointed by the Judiciary, shall head and supervise the investigation as well as decide the case of the accused within three weeks.
96 97 98 99
4. Any decision made by the College Magistrate Magistrate shall be final unless an appeal is made to the whole Judiciary within three (3) school days (a school day is defined as a day that falls from Monday to Friday) after the decision.
100 101 102 103 104
5. In line with with Article XVIII Section Section 14, decisions regarding cases under Guideline Guidelin e 1 made by a sole magistrate (College Magistrate) can be subject to appeal provided that new evidences and/or points supporting the case of the accused are found.
105 106 107 108
6. When a reopening of a case occurs due to Guideline 4, such case shall be heard, tried and resolved by the whole Judiciary in line with its roles and responsibilities as stated in Article XVIII Section 3.1 and the Rules of Court.
109 110 111 112
7. Should an Executive Board member or Executive Board appointee of the USG violate any part of the constitution or a case which does not fall under Guideline 1 be filed, the whole Judiciary shall immediately hear, try and resolve such case.
113 114 115
8. Any decision made by the Judiciary by a two-thirds vote of the members members present shall be final and binding at this point.
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-01-27 Status: Approved
4 5
Resolution No. 2009-21
6 7 8
Sponsored by: Rules and Policies Committee
9 10 11 12
Carl Vincent Abaya, FAST 2007 Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng
Ma. Ana Patricia Mallari, BnE 2010 Anna Villanueva, Villanueva, FAST 2008
13 14 15 16
RESOLUTION CALLING FOR THE APPROVAL OF THE REVISED COUNCIL OF UNIVERSITY REPRESENTATIVES (CURE) MANUAL
17 18 19 20 21
Whereas, the De La Salle University Student Council is the supreme student organization of DLSU, the power of which emanates from the Student Body. It shall be the sole, unified, autonomous and democratic representative body of the Students (De La Salle University Student Council Constitution, Art. III, Sec. 1);
22 23 24
Whereas, the Legislative Assembly is the highest policy making body in the Student Council (De La Salle University Student Council Constitution, Art. VIII, Sec.1);
25 26 27 28 29 30 31
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Art. VII, Sec. 5.1);
32 33 34 35 36
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council General Elections 2009. Retrieved July 3, 2009 from http://www.dlsu.ph/announcements/default.asp?id=604,);
37 38 39 40 41 42 43 44 45 46
Whereas, the University Student Government Constitution includes the following in its Bill of Rights (USG Constitution, Art. IV, Sec. 9, 10 and 11): Every student has the right right to proper representation and participation in all policy-making bodies inside the University. Every student has the right to regular student-faculty and student administration dialogue. Every student has the right to assemble and to freely and responsibly express their views, opinions and grievances;
47 48 49 50 51
Whereas, the Student Council, being the sole and the highest representative of the student body and being the highest form of expression of student power on campus, shall have the right to participate in the formation of school policies directly affecting the students (De La Salle Univer Univer Handbook, App. G, Sec. 3.d);
52 53 54 55 56
Whereas, the University shall recognize the right of students to be represented, through the Student Council, in all policy-making bodies handling issues that affect them. , , Student Handbook, Appendix G, Chap. 4, Sec. 10);
57 58 59 60 61 62 63 64 65 66 67
Whereas, the President shall nominate and appoint the student representatives to external alliances, seminars, sector organizations, University-wide committees, and other functions requiring such representation and appointment The order for the nomination and appointment is as follows: 1.7.1. Member/s of the EB. 1.7.2. College President/s. 1.7.3. Legislative Assembly Representative/s. 1.7.4. Batch President/s. 1.7.5. Other USG officer/s. (USG Constitution, Art. IX, Sec. 1.7);
68 69 70 71
Whereas, the Legislative Assembly Representatives shall hold position in other Student USG units and University-wide committees as appointed (USG Constitution, Art. XIV, Sec. 5.4);
72 73 74
Wherefore, be it resolved that the revised CURE manual take effect starting Academic Year 2010-2011;
75 76 77
Wherefore, be it also resolved that any amendments to this manual after its approval shall be subject to a majority vote in the Legislative Assembly;
78 79 80 81 82
Wherefore, be it also resolved that the USG President, as CURE Chairperson, be accountable for student representation in University committees as well as the USG Executive Secretary and Officers Monitoring Board for proper monitoring of USG officers and student representatives;
83 84 85 86
Wherefore, be it further resolved that the Rules and Policies Committee of the Legislative Assembly update the CURE Manual every year for consistency and accuracy;
87 88 89
Wherefore, be it finally resolved that the revised CURE manual be approved by the Legislative Assembly.
90 91 92
Adopted, August August 14, 2009
93
APPENDIX A
94 95
COUNCIL OF UNIVERSITY REPRESENTATIVES MANUAL
96 97
INTRODUCTION
98 99 100 101 102 103 104 105 106 107 108
The University Student Government (USG) officers are held responsible for the following committees. committees. S welfare welfare and partake in social transformation, the University Student Government is expected to strengthen the needed student representation in these committees and must also act with utmost credibility and accountability in performing tasks. The Rules and Policies Committee of the Legislative Assembly takes the responsibility in forming guidelines and rules that may guide us in properly representing the students. It is in our hopes that the University Student Government in general takes a step further in achieving our vision.
109 110 111 112 113 114 115 116 117 118 119 120 121 122 123
The Adhoc academic committees are composed of the deans of every college, the University Registrar, the AVC-Academic Services, the Dean of Student Affairs, one student representative, and one faculty representative. With the University Registrar as the chair, this committee convenes once a term for for graduation awards and once a year for the BPI-DOST awards. Each representative is tasked to give a numerical grade to the applicants/nominees for the student awards according to submitted documents and another numerical grade for an interview panel with the applicants. Awards given by this committee are: the Brother Connon, Student Leadership Award, Athletics Award, Cultural Development Award and Community Development Award. Currently, there is no RIG present. The student representative is responsible for giving the grades that assess the students vying for the award, lobbying for proposals for the awards system, and encouraging students to apply for these awards. The President is the student-incharge.
124 125 126 127 128 129 130 131
The Aspiring Organizations Accreditation Committee (AOAC) is composed of the following: Director of the SPS office in charge of student activities; the Council of Student Organizations (CSO) Chairperson and the University Student Government (USG) Vice (USG) Vice President for Internal Affairs . The primary primary role of the AOAC is to facilitate the recognition of aspiring aspiring organizations into the university university system. It is likewise tasked to make policies affecting the recognition of aspiring organizations. Section 12 of the Student Handbook can be used as a reference for more information.
132 133 134 135 136 137 138
The Bookstore Committee is composed of the Purchasing Officer, Dean for Student Affairs, Parents of University Students Organization (PUSO) representative, administration, and a student representative. Chaired by the Officer-in-Charge, it discusses bookstore supplies, prices and other services like book transfer payments of University Student Government supplies. With the committee meeting once a month, the manner of decision being held is through
139 140 141
voting after all arguments have been given. The student representative is tasked to monitor prices, hear out concerns from students to be lobbied in the meeting. The University Student Government Executive Treasurer is the student-in-charge.
142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162
The Canteen Committee is composed of the Assistant Vice Chancellor for Campus Services, the DLSU-PUSO (Parents of University Students Organization) President, President, a Faculty Association representative, student representatives, as well as representatives from the following offices: 1) Building and Grounds Maintenance, and 2) Medical and Dental Services. The Committee also includes representatives from the four (4) canteens inside the University Animo Animo Food Haus, Capri International, Inc., La Casita Canteen, and Zaide Food Corp. With the Assistant Vice Chancellor for Campus Services as the chair, the committee is scheduled to convene every trimester during during the school year. This Committee aims to monitor the operations of all canteen concessionaires in the University by continuously evaluating canteen inspection results and implementing proper actions to resolve concerns that are duly raised. The Committee likewise discusses policies that can help improve the service provided by concessionaire, as well policies that affect the prices charged and food choices offered to the students. Student representatives, who are in most cases University Student Government officers, are tasked to periodically evaluate canteen operations and help make suggestions to the committee for the overall improvement of the concessionaires. Student representatives must likewise air out student concerns that are gathered through efficient communication and feedback systems. Currently, the University Student Government Executive Treasurer, together with other University Student officers, act s as as student representatives in this committee. Government officers,
163 164 165 166 167 168 169 170 171 172 173 174 175
The Canteen Inspection Committee is composed of the following: University Student Government (USG) , Parents of University Students Organization (PUSO), Faculty Association Association (FA), Employees Employees Association Association (EA), University University clinic representative, representative, Security Security and Safety Office Head, and Campus Development Office through the Building and Grounds Maintenance Office Head. With the Building and Grounds Maintenance Head as the chair, the committee convenes once a term in order to discuss the previous scheduled inspection. The committee acts as an independent body from the Canteen Committee to ensure the cleanliness and safety of canteen facilities and services. The student representative is tasked to inspect all University canteens and accomplish the forms given to evaluate these canteens. The Vice President for Internal Affairs is is the student-in-charge.
176 177 178 179 180 181 182 183
The Catholic Educational Association of the Philippines (CEAP) is commissioned to advance and promote the teaching function of the Catholic Church. It contributes through a Catholic orientation in accordance with the norms of the Church, constituent with national development goals as expressed in the Philippine Constitution (CEAP Website, 2009). The Vice President for External Affairs is the student in-charge.
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The Committee on National Issues and Concerns is mainly composed of representatives from the LaSallian Pastoral Office (LSPO), Student Leadership, Involvement, Formation and Empowerment (S-Life), Student Publications Office (SPO), Center for Social Concern and Action (COSCA), University Student Government (USG), POLISCY, Faculty and the Council of Student Organizations (CSO). Its primary role is to discuss issues of national concern and mobilize the community to take part in addressing them. Its meeting usually takes place at least twice a month unless called upon. The USG representatives are tasked to come up with solutions, programs and activities related to the issues discussed. The President, Vice President for Internal Affairs and Vice President for External Affairs are the students in-charge of representation and resource mobilization.
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A College Council is present in each college and is usually composed of the respective dean, vice dean, department chairs, faculty members, USG officers and other representatives of that college. With the College Dean as the chair, this committee convenes once a term or more, if the dean deems it necessary. The dean usually reports relevant information from other university committees such as the COD and Operations Council as a means to cascade it to the college. The dean also discusses new proposals within the college such as new courses and programs to be offered with ently, there is no RIG present. The student representative is responsible for being active in the council to effectively represent the student body and also to eventually cascade relevant information to the University Student Government and the student population. The President is the student-in-charge of all the College Presidents and batch level representatives who must religiously attend their respective councils.
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The Enrollment Committee is composed of the Vice Deans and academic assistants of each college, the University Registrar, Office of the University Registrar (OUR) staff, Information Technology Center representatives, representatives, one student representative and one faculty representative. With the University Registrar as the chair, this committee convenes twice a term , with almost a month in between. The first and second meeting discusses enrollment and adjustment concerns, respectively, for the succeeding term. This committee usually reports and discusses on enrollment statistics, new policies and procedure procedure flowcharts, course codes, syllabi, etc. The committee uses a relaxed parliamentary procedure to place order in the meeting and seek votes if necessary. There is no RIG currently present. The student representative is responsible for cascading information reported in the committee such as enrollment and adjustments schedules as well as lobby for improvement in the enrollment and academic processes. The President is the student-in-charge.
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The Honors and Awards Committee is composed of the deans of every college, the University Registrar, the AVC-Academic Services, the Dean of Student Affairs, one student representative and one faculty representative. With the Dean of Student Affairs as the chair, this committee convenes once a term for graduation awards and once a year for for the BPI-DOST awards. Each representative is tasked to give a numerical grade
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to the applicants/nominees for the student awards according to submitted documents and another numerical grade for an interview panel with the applicants. Awards given by this committee are: the Brother Gabriel Connon Award , Student Leadership Award, Athletics Award, Award, Cultural Cultural Development Development Award and Community Community Development Development Award. There is no current RIG present. The student representative is responsible for giving the grades assessing the students vying for the award, lobby for proposals for the awards system, and encourage students to apply for these awards. The President is the student-in-charge.
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The University Library is composed of the faculty representatives from each college, AVC-Academic AVC-Academic Services, one student representative representative and the library staff. Anyone Anyone from the committee can be elected as chair; elections are usually held annually during the first committee meeting. This committee convenes only once , usually at the start of the year, unless a committee member requested for a meeting to be convened. The committee meeting votes on the percent (%) allocation per college of the library fund fro fro year. There is no current RIG present. The student representative is responsible for reviewing and lobbying proposals for library policies and procedures. The Vice is the student-in-charge. President for Internal Affairs is
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The Lost and Found committee is chaired by the Discipline Office (DO) Director. Director. This committee rarely convenes as well because of the minor policies and maintenance it needs in its office. The DO religiously forwards to the University Student Government unclaimed textbooks which are a good source of inventory for the Pahiram Libro program. Student representatives must just claim receipt of the books monthly and lobby new policies for the Lost and Found if necessary. The Vice President for Internal Affairs is the student-in-charge.
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The Multi-Sectoral Committee on Budget is composed of the different sectors of the university: University Student Government (USG) , Parents of University Students Organization (PUSO), Faculty Association (FA), Employees Association (EA), and the administration. With the ) president as the chair, this committee convenes every year . This committee has been serving the academic community since 1987. It has been assigned to decide on the tuition fee increase for the coming school year. There is an RIG to be followed, as approved by the committee. The student representative is tasked to meet up with the President and the University Student Government University Student Government President Treasurer and form a Tuition Fee Research Committee (TFRC). The Student Executive Treasurer representatives should not only be able to come up with a proposed percentage of increase/decrease in tuition fee, but valid arguments should also be presented to support the proposal. Presently, the basic issues/arguments revolve around inflation, the standards of living for professors and employees, and the fear of losing students as a result of the increasing tuition fee throughout the years. Recently, the Office of the Executive awareness of the TUITION FEE issue and has come up with the proposal paper to represent the student sector.
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The National Union of Students of the Philippines (NUSP) is a nationwide alliance of more than 600 student councils/governments/unions committed to the advancement of has been consisten society (NUSP Website, 2009). The Vice President for External Affairs is the student in- charge.
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The Physical Facilities Committee is composed of the Vice Chancellor for Administration, Administration, Assistant Assistant Vice Chancellor Chancellor for Campus Campus Development, Development, Civil Works Section Head, University Architect, Mechanical and Electrical Office Head, Security and Safety Office Head, Building and Grounds Maintenance head, and the student representative/s. With the Vice Chancellor for Administration as the chair, the committee convenes twice a month or or every other week for for the entire school year. This committee discusses and decides on the matters involving the construction, maintenance, and improvement of University physical facilities. The student representative is tasked to propose to the body suggestions on the development and maintenance of these facilities. The Vice President for Internal Affairs is is the student-in-charge.
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The Student Council Alliance of the Philippines (SCAP) is a union of various student councils in the Philippines aimed towards transgressing the roles of student councils from within their respective universities to nationwide concerns as well (SCAP Mission and Vision, 2009). The Vice President for External Affairs is the student-in-charge.
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The Security Committee Safe School, which is a partnership with De La Salle-College of St. Benilde (DLS-CSB) -Manila (SSC) . It is composed of the Manila Police District Officers and the following personnel from the respective schools: students (USG) , parents (PUSO), the administration through the Dean of Student Affairs, Security and Safety Office heads, Discipline Office representatives. Aside from these persons, the Marketing Communications Office representatives from DLSU-M and the Student Publications Coordinator of DLS-CSB are also included. The chairmanship of this committee rotates every year among the Dean of Student Affairs of the three universities, with the committee convening every month . This committee committee aims to ensure the safety of the LaSallian and Scholastican community through close coordination with the local police district. The Task Force Safe School has its own structure composed of different committees including the following: Finance and Solicitation Committee, Awards Awards and Recognition Recognition Committee, Committee, Community Relations Committee, Committee, and Publicity and Education Committee. There is an RIG present. The student representative is tasked to accomplish his/her duties depending on the committee he/she is assigned and to provide suggestions on how to help heighten community security. As of present, the Vice President for External Affairs is is the student-in-charge.
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The South Manila Inter-Institutional Consortium (SMIIC) is a group of higher educational institutions in the southern portion of Manila. The purpose of the consortium is to
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collaborate actively to effect social transformation by promoting the cause of education and by making quality and relevant learning accessible to as many as possible (Wikipedia, 2009). The Vice President for External Affairs is the student in-charge.
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The Student Handbook Revisions Committee is composed of the Dean of Student Affairs, administration representative, faculty representative, CSO Chairperson, USG President and Vice President for Internal Affairs. Chaired by the Dean of the Student Affairs, its primary role is to discuss amendments for the next student handbook. The meetings run for the whole academic year prior to the release of the new student handbook. The manner of decision is through voting amongst the administration, faculty and student. The student representative is tasked to raise proposals from the students. The President and Vice President for Internal Affairs are the students in-charge.
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The Union of Catholic Student Councils (UCSC) is a youth organization whose vision is d and holistically developed Catholic studentry, promoting and working for social October 1998 (UCSC Information: Vision, Mission and History). The Vice President for External Affairs is the student in-charge. in-char ge. Sources: About CEAP (2009). Retrieved on August 10, 2009 from http://www.ceap.org.ph/who_we_are/about_CEAP.php National Union of Students of the Philippines (2009). Retrieved on August 10, 2009 from www.nusp.blogspot.com SCAP Mission and Vision (2009). Resolution No. 2009-11. De La Salle University Student Council Legislative Assembly South Manila Inter-Constitutional Consortium (2009). Retrieved on August 10, 2009 from http://en.wikipedia.org/wiki/South_Manila_Inter-I nstitutional_Consortium http://en.wikipedia.org/wiki/South_Manila_Inter-I nstitutional_Consortium UCSC Information: Vision, Mission and History (2009) Resolution No. 2009-16. De La Salle University Student Council Legislative Assembly
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De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-01-21 Status: Approved
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Resolution No. 2009-24
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Sponsored by: Rules and Policies Committee
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Carl Vincent Abaya, FAST 2007 Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng
Ma. Ana Patricia Mallari, BnE 2010 Anna Villanueva, Villanueva, FAST 2008
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Authored by: by:
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Trisha Vanessa Liu, 63rd Eng
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RESOLUTION CALLING FOR THE IMPEACHMENT GUIDELINES
APPROVAL
OF
THE
JUDICIARY
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Whereas, the De La Salle University Student Council is the supreme student organization of DLSU, the power of which emanates from the Student Body. It shall be the sole, unified, autonomous and democratic representative body of the Students (De La Salle University Student Council Constitution, Art. III, Sec. 1);
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Whereas, the Legislative Assembly is the highest policy making body in the Student Council (De La Salle University Student Council Constitution, Art. VIII, Sec.1);
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Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Art. VII, Sec. 5.1);
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Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council General Elections 2009. Retrieved July 3, 2009 from http://www.dlsu.ph/announcements/default.asp?id=604,);
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Whereas, the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officer and employees may be removed
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from office as provided by law, but not by impeachment. (1987 Constitution of the Republic of the Philippines, Article XI Section 2);
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Whereas, the House of Representative shall have the exclusive power to initiate all cases of impeachment. (1987 Constitution of the Republic of the Philippines, Article XI Section Section 3); 3);
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Whereas, cases concerning violations of any USG officer of this constitution and its bylaws shall be heard and decided upon by a magistrate from the college to which the accused belongs. Decisions made by a sole magistrate can be subject to appeal provided that new evidences and/or points supporting the case of the accused are found. Such appeal process shall be provided for in the Rules of Court (University Student Government Constitution, Art. XVIII, Sec. 14);
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Whereas, there is a need for a clarification on the distinction of duties and responsibilities in cases where a complaint has been filed against a member of the judiciary or a non-judiciary USG officer;
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Whereas, there are no guidelines in place to justify the appointment of impartial officers appointed by the President;
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Wherefore, be it resolved that the Judiciary Impeachment Guidelines take into effect from Academic Year 2010-2011 to Academic Year 2011-2012;
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Wherefore, be it resolved that any amendments to the Judiciary Impeachment Guidelines after its approval shall be subject to a majority vote in the Legislative Assembly; Assembly;
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Wherefore, be it further resolved that the Judiciary Impeachment Guidelines be adopted by the Judiciary arm of the University Student Government upon approval of the Legislative Assembly;
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Wherefore, be it finally resolved that the Judiciary Impeachment Guidelines (see Appendix Appendix A) be approved.
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Adopted, Septemb September er 18, 2009
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Appendix A
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Impeachment of any USG Officer Section 1. impeachment for, and 1.1. All USG elected officers may be removed from office, on impeachment conviction of, culpable violations of this Constitution and betrayal of public trust. (Article XX, Section 1) 1.2. The following may be grounds for impeachment: (Article XX, Section 2) willful violation of this Constitution Constitution and its bylaws. 1.2.1. Any willful 1.2.2. Gross negligence of duty. 1.2.3. Illegal disbursement of funds. behavior which undermines undermines the integrity integrity of the USG. 1.2.4. Any behavior misconduct as provided provided by the USG USG policies. policies. 1.2.5. Any other forms of gross misconduct
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Section 2. Procedures in filing an Impeachment Complaint for a non-Judiciary USG officer impeachment against 2.1. Any student or officer of the USG may file a resolution of impeachment any USG officer. (Article XX, Section 3) 2.2. The resolution must be addressed to the Chief Magistrate. (Article XX, Section 3) 2.3. Before an investigation can be initiated, all impeachment complaints submitted to the Chief Magistrate shall be subjected to a screening process. All members of the Judiciary will handle the screening process. During the screening process, the Judiciary shall validate the claim in order to determine if an investigation is necessary. (Article XX, Section 4.1) 2.4. The Judiciary shall notify the defendant at least four (4) days before the set hearing date of the impeachment complaint. Any USG officer must take a leave of absence once the impeachment complaint has been validated and deemed that an investigation is necessary. (Article XX, Section 4.2) 2.5. In the hearing of the impeachment complaint, a two-thirds vote of the magistrates present will serve as the final decision of the Judiciary. (Article XX, Section 4.3) 2.6. The judiciary is the one in charge to impose certain sanctions on the USG officer concerned in which these decisions are final and executory, except for meritorious cases. (Article XX, Section 4.4)
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Ju diciary USG officer: Section 3. Impeachment Complaint Guidelines for a Judiciary 3.1. In cases where the complaint is filed against a member of the judiciary, the defendant will not participate in the screening process. A prosecuting officer of the defe the defendant. (Article XX, Section 4.5) 3.2. The prosecuting officer who temporarily replaces the magistrate who filed a leave of absence will have all the powers borne by a magistrate, except voting from the screening process until the impeachment case of the said magistrate has been resolved.
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members present during the screening screening process will 3.3. A two-thirds vote of the members serve as the final decision of determining whether an investigation is necessary or otherwise. President with five unconfirmed unconfirmed impartial 3.4. A special body, chaired by the President appointees from the students, shall initiate impeachment proceeding on the Magistrate/s concerned. It shall resolve the matter unanimously within three weeks. (Article XX, Section 4.5) 3.4.1. The president will select the appointed members of the special body. The Legislative Assembly shall screen selected members before they are admitted to the special body. A two-third vote is required in order to approve the member of the special body. 3.4.2. If the Legislative Assembly disapproved a candidate for the special body, the president shall search for another candidate to be approved by the Legislative Assembly.
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Section 4. Procedures in the appointment of impartial officers handling the impeachment proceedings of a magistrate president with five (5) unconfirmed unconfirmed impartial 4.1. A special body chaired by the president appointees from the students, shall initiate impeachment proceedings on the magistrate/s concerned. (USG Constitution; Article XX, Section 4.5) 4.1.1. The President will appoint five (5) officers of his/her own choice from the student body. 4.1.2. The Legislative Assembly will handle the screening process and the approval of the five (5) appointed officers by the President. 4.1.3. The Legislative Assembly shall approve the five (5) appointed officers chosen by the President and provided that these individuals satisfactorily undergoes the screening process and interviews prescribed in its qualifications and has passed an examination prepared by the Legislative body.
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uncon firmed impartial appointee Section 5. Qualifications for an unconfirmed 5.1. He/She is not currently under any academic probation. 5.2. He/She shall not have been a member of any political party as certified by the political party presidents for the duration of his/her stay as a student in the University. 5.3. He/She should be able to work during the hours deemed necessary by the Position. 5.4. He/She must score a grade of at least 65% in the USG constitution exam that was prepared by the Judiciary . 5.5. He/She must undergo the complete USG training handled by the Judiciary right after the approval of the Legislative body.
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Section 6. Excusing of an impartial appointee in handling an impeachment complaint 6.1. Upon appointment by the Legislative Assembly, an impartial appointee must initiate the impeachment proceeding until a decision is reached excused from fro m his/her duties due to the following following 6.2. An impartial appointee may be excused reasons: 6.2.1. Conflict with academic schedule. 6.2.2. Health reasons that may deter a person from attending any normal human activity. 6.2.3. Other reasons as deemed necessary by the Executive Secretary of the De La Salle University Student Government. i mpartiall appointee who must be excused excused from his/her duties shall submit a 6.3. An impartia letter to the Judiciary and the Legislative Assembly, which will undergo a deliberation by the Legislative Assembly. 6.4. In case an impartial appointee cannot assume his/her duties during the impeachment proper, the impeachment proceedings will continue without replacing the appointee who is unable to assume his/her role in the impeachment proceedings.
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De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-33 Status: Approved
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Resolution No. 2009-27
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Sponsored by: Rules and Policies Committee
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Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
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RESOLUTION CALLING FOR ELECTIONS AS A MEANS TO IDENTIFY THE BATCH STUDE
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Whereas, the De La Salle University Student Council is the supreme student organization of DLSU, the power of which emanates from the Student Body. It shall be the sole, unified, autonomous and democratic representative body of the Students (De La Salle University Student Council Constitution, Art. III, Sec. 1);
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Whereas, the Legislative Assembly is the highest policy making body in the Student Council (De La Salle University Student Council Constitution, Art. VIII, Sec.1);
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Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Art. VII, Sec. 5.1);
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Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council General Elections 2009. Retrieved July 3, 2009 from http://www.dlsu.ph/announcements/default.asp?id=604,);
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Whereas, the Batch Student Government Executive Executive Board shall be composed of the: 3.1 Batch President. 3.2 Batch Vice President. 3.3 Legislative Assembly Representative; (University Student Government Constitution, Art. XII, Sec. 3);
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Whereas, the Batch Vice Presidents shall: 6.1. Report directly to the Batch Batch President and College President and President as deemed necessary. 6.2. Represent the Batch President in other programs and activities and other such entities. 6.3. Discuss and update the CSG on batch-wide batch- wide programs and concerns in the absence of the Batch President. 6.4. Assume powers and responsibilities responsibiliti es of the Batch President in his/her his/her incapacity or absence. 6.5. Enforce programs of the EB, upon approval of the EXECOM, for the batch. 6.6. Assist the Batch President in the execution of all policies and directives issued by the Legislative Assembly which are pertinent to their respective batches. 6.7. Chair the BSG-EB in the absence of the Batch President. 6.8. Perform other functions functions as defined in the Rules of Internal Governance of the BSG and as deemed necessary by the EB, College President and the Legislative Assembly. (University Student Government Constitution, Art. XII, Sec. 6);
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Whereas, the elections of the USG officers shall be held every third trimester of the preceding school year, with the exception of the election of incoming freshmen officers, which shall be held during the first trimester of the school year. (University Student Government Constitution, Art. XXIII, Sec. 1);
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Whereas, the Batch Presidents and the LA Representatives shall be voted into office by the members of their respective batches of their respective colleges. (University Student Government Constitution, Art. XXIII, Sec. 6);
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Whereas, no amendment or revision of this Constitution shall be authorized within three years following the ratification of this Constitution. (University Student Government Constitution, Art. XXVI, Sec. 3);
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Whereas, there is no blatant means stated in the USG Constitution of how the Batch Vice President shall be identified;
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Whereas, in the absence of a provision on how a government officer shall be identified, tradition shall be followed for as long as it is not contradictory to law, morals, public order or public policy. (Conversation with Atty. Blas Viterbo of Sen. Mar ne ne 16, 2009, See Appendix A);
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Whereas, it has been cleared upon by Vice President for Operations and Communications Chichi Tullao and former Student Council President Nicole Villarojo that the original intention of the University Student Government is to elect the Batch Vice Presidents as ratified in the General Elections last March 2009 (See Appendices B and C);
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Wherefore, be it resolved that the Batch Vice Presidents shall be identified through elections to be done during the annual General Elections as conducted by the Commission on Elections;
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Wherefore, be it further resolved that a copy of this resolution be forwarded to the Commission on Elections and the two political parties: Santugon sa Tawag ng Panahon and Alyansang Tapat sa Lasalista;
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Wherefore, be it finally resolved that this resolution take effect from Academic Years 2009 to 2012.
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Adopted, October October 9, 2009 2009
APPENDIX A
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Conversation with Atty. Blas Viterbo (through e-mail)
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Hi Atty. Viterbo!
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I hope you still remember me. I was the one who called you up two months ago with regard to fixing our locked constitution.
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We are currently working out in fixing it through your recommendations. One of them is the identification of each batch's vice presidents. May I ask the source of your recommendation when you said that when there is no means cited in the constitution on how the batch vice president shall be identified, then he/she must be identified by tradition. And by tradition, we elect them.
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Thank you very much!
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Sincerely yours,
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Ma. Ana Patricia R. Mallari Legislative Assembly Representative, BnE2010 De La Salle University Student Council ----------------------------Ms. Patricia Mallari Legislative Assembly Representative, BnE2010 De La Salle University Student Council
[email protected]
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Dear Ms. Mallari,
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Thank you for writing about your concern.
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constitution constitutio n was was silent on the matter. The previous recommendation recommendation was that when when there is no means cited in the constitution on how the batch vice president shall be identified, then he or she must must be identified by tradition (previous practice). You responded that by tradition, you elect them.
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As a rule, customs (or traditions) which are contrary contrary to law, public p ublic order or public policy shall not be countenanced (Art. 11, Civil Code). Ostensibly, elections are not contrary to law, public order or public policy; thus, they are a valid means (as established by your tradition) of identifying your batch vice-presidents.
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Assuming that the election election of the batch vice-president vice-president is not evidenced by tradition, tradition, it may still be argued as valid since the identification of the other batch officers, like the
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batch president and the legislative assembly (LA) representative, are through election under Section 6, Article XXIII of the DLSU USG Constitution. If election is the process process of identification of other batch officers under your constitution, we see no reason why it should not be the case with the batch vice-president, your constitution is silent on the matter.
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We note that the foregoing is just an opinion based on the representations you have provided and premised on assumptions as stated. Please use this only as a guide. I suggest that you get a formal legal opinion same if you want something authoritative.
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Sincerely,
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Atty. Blas Viterbo Chief of Staff
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APPENDIX B
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Conversation with Vice President for Operations and Communications Chichi Tullao (through SMS/text)
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Patricia Mallari: Hello Chichi! Aimee informed me that you said that the original intention of the USG is to elect the Batch VPs for the coming elections. Is this true? Because apparently, nothing of it appears in the USG constitution. RnP wants to do a resolution to formalize this one. Thanks!
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Chichi Tullao: Pakilala ka na [but] you lang ha? Medyo busy siya . Pero [but] know Pat, for this part, in virtue, pinagbotohan din siya ng mga students students [it was voted by the students] because it was part of the USG campaign that was voted upon during GE.
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APPENDIX C
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Conversation with former Student Council President Nicole Villarojo (through SMS/text)
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Patricia Mallari: the identification of Batch VPs in the USG. Originally, RnP wants to do a MOA with COMELEC and the two political parties to have an election for the Batch VPs for next the original intention of the USG is to elect the Batch VPs. Is this true? Because apparently, nothing of it appears in the USG constitution. RnP wants to do a resolution to formalize this one. Thanks!
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Nicole Villarojo: Government include the Batch President and the Vice President.
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De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-36 Status: Approved
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Resolution No. 2009-29
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Sponsored by: Rules and Policies Committee
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Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
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RESOLUTION CALLING FOR THE APPROVAL OF THE QUALIFICATIONS AND APPLICATION PROCESS OF MAGISTRATES OF THE UNIVERSITY STUDENT GOVERNMENT
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Whereas, the Legislative Assembly is the highest policy making body of the Student Council (De La Salle University Student Council Constitution, Article VIII, Section 1);
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Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Article VIII, Section 5.1);
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Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council Retrieved July 3, 2009 from General Elections 2009. http://www.dlsu.ph/announcements/default.asp?id=604,);
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Whereas, the Judiciary shall be composed of the chief magistrate and five other magistrates (University Student Government Constitution, Art. XVIII, Sections 2.1 and 2.2);
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Whereas, the LA shall prescribe the qualifications of the Magistrates, Auditor, Investigating Officers and Prosecution Officers.( University Student Government Constitution, Art. XVIII, Section 4);
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Whereas, the Magistrates shall be duly appointed by a group of representatives from both the outgoing members of the EXECOM and the Judiciary. The number of representatives of the Judiciary shall be the number of undergraduate colleges,
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such that each college is represented.( University Student Government Constitution, Art. XVIII, Section 5);
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Wherefore, be it resolved that the Qualifications and Application process for the Magistrates of the USG shall, upon the approval of the Legislative Assembly take into effect from Academic Year 2010-2011 to Academic Year 2011-2012;
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Wherefore, be it further resolved that any amendments to the Magistrates Qualifications and Application process for the USG after its approval shall be subject to a majority vote in the Legislative Assembly;
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Wherefore, be it further resolved that the Qualification and Application process for the Magistrates of the USG shall, upon the approval of the Legislative Assembly, supersede the Rules of Court to be made by the Judiciary of the University Student Government in line with Art. XVIII, Sec. 3.11 of the USG Constitution;
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Wherefore, be it further resolved that the Qualification and Application process for the Magistrates of the USG shall, upon the approval of the Legislative Assembly be adopted by the Judiciary arm of the University Student Government;
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Wherefore, be it further resolved that the Magistrate Training Program and the Application Application Form mentioned in the Qualification Qualification and Application Application process for the Magistrates of the USG (see Appendix A) be prepared and accomplished by the Rules and Policies Committee of the Legislative Assembly in cooperation with the OSEC and the Ethics Committee of the Legislative Assembly for AY 20092010;
73 74 75 76 77
Wherefore, be it further resolved that the outgoing EXECOM be the sole body responsible for the screening and appointing the 6 college magistrates in line with the process mentioned in the Qualification and Application process for the Magistrates of the USG (see Appendix A) for AY 2009-2010;
78 79 80 81 82
Wherefore, be it further resolved that the Resolutions Monitoring and Management Committee of the Legislative Assembly furnish a copy of the Qualification and Application Application process for the Magistrates Magistrates of the USG, upon approval, approval, to all incumbent EXECOM officers for proper briefing on the new process;
83 84 85
Wherefore, be it finally resolved that the Qualification and Application process for the Magistrates of the USG (see Appendix A) be approved.
86 87 88
Adopted, October October 16, 16, 2009
89
APPENDIX A
90 91
QUALIFICATIONS FOR MAGISTRATES
92 93 94 95 96
1. The applicant for Magistrates must have gone gone under the Magistrate Magistrate Training Program (MTP) provided by the outgoing Judiciary during the application period in order to have sufficient background and knowledge regarding the USG Constitution and specifically his/her role as a Magistrate.
97 98 99 100 101 102 103
2. The applicant for Magistrates must not have been actively involved in any political party during his/her stay in the university to ensure an unbiased approach in doing his/her duties as a Magistrate. This is certified by a joint written statement/certification from both political party presidents, who in turn, have the option to refuse signing the document in cases where complications s.
104 105 106
3. The applicant must be able to serve and perform the duties of a Magistrate of his/her college for one full year.
107 108
4. The applicant must have at least 3 terms left during the time of application.
109 110
5. The applicant must not hold any EB position in any other organization. organi zation.
111 112
6. The applicant must must come from the college he/she wishes wishes to represent.
113 114 115
APPLICATION PROCESS
116 117 118 119 120 121 122 123
1. The College Assembly Presidents, in coordination with the outgoing Judiciary, Judiciary, shall spearhead the recruitment for Magistrates in their respective colleges during the third term of each academic year. Applicants must submit a standard their application forms (and may also choose to screen these applicants personally) in order to come up with a shortlist of 3 to 5 applicants who shall be selected to undergo the Magistrate Training Program.
124 125 126 127 128 129
2. Shortlisted applicants shall undergo undergo the Magistrate Training Program conducted by the outgoing judiciary. Upon completion of the said course, a test that will be prepared by the outgoing Judiciary shall be taken by the applicants. He/she needs a 70% passing grade in order to get to the final stage of the application process.
130 131 132 133
3. The applicants must undergo an interview (or any other means of screening deemed necessary by the outgoing EXECOM and Judiciary) with the outgoing EXECOM and Judiciary to ensure the competency of the applicant. After all
134 135
applicants have been interviewed, the outgoing EXECOM and Judiciary shall, through a majority vote, appoint the 6 college magistrates.
136 137 138 139 140 141
4. Exactly one magistrate per college must be appointed by the end of the application period. A joint EXECOM, AA and LA session, chaired by the President, shall be devoted to elect a Chief Magistrate. Such election shall be done at most one week after the completion of appointment of the Magistrate. (University Student Government Constitution, Art. XVIII, Section 8);
142 143 144 145 146
5. In cases where there are no qualified applicants for the position of magistrate for a certain college, or there is a vacancy in the position, the elected Chief Magistrate shall act and handle all cases of that college until the newly-appointed Judiciary is able to appoint one.
147
APPENDIX B
148 149
Syllabus for Magistrate Training Program
150
Content Preamble Article I Name and and Seat Seat Article IIII Membership Membership
No. of Hours
Topic
!
Article III III Declaration Declaration of Principles, Principles, Purposes Purposes 1 and Policies
151
Day
Article IV Bill of Rights Rights
1
Article V Duties and and Responsib Responsibilities ilities of Students Article VI VI Accountability Accountability of USG USG Officers
!
Article VII VII The Execu Executive tive Board Board Article VIII VIII The Executive Executive Committe Committee e
!
Article IX Powers, Powers, Duties Duties and Responsibilities of EB Members
1
Article XI XI The College College Student Student Government Government
!
Article XII XII The Batch Batch Studen Studentt Government Government
!
Article X The Activities Activities Assemb Assembly ly Article XIII XIII The Executive Executive Departmen Departments ts
!
Article XVIII XVIII The Judiciary Judiciary
!
Article XIV XIV The Legislative Legislative Assembly Assembly
1
Article XV XV The LA Commi Committee ttees s
!
Article XVI XVI The LA Inner Inner Circle
!
Article XVII XVII The Colle College ge Legislative Legislative Board Board
!
Article XVIII XVIII The Judiciary Judiciary
!
Article XIX XIX Constitutiona Constitutionall Commissions Commissions
1
Article XXI XXI The Council Council of Student Student Organizations Article XXII XXII Convention Convention of Leaders Leaders
!
Article XVIII XVIII The Judiciary Judiciary
1!
Article XX XX Articles Articles of Impeach Impeachment ment
1!
Article XXIII XXIII Elections Elections Article XXIV XXIV Vacancies Vacancies
!
Article XXV XXV General General Provisions Provisions Article XXVI XXVI Amendmen Amendments ts Article XXVII XXVII Transitory Transitory Provisions Provisions Article XXVIII XXVIII Separabili Separability ty Clause Clause Article XXIX XXIX Effectivity Effectivity
!
Article XVIII XVIII The Judiciary Judiciary
!
1
2
USG Primer
The Executive
3
The Legislative
4
Independent Commissions and Advisory Bodies
5
Impeachment, Elections and Auxiliary Articles
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-37 Status: Approved
4 5 6
Resolution No. 2009-31
7 8
Sponsored by: Rules and Policies Committee
9 10 11 12 13
Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
14 15 16 17 18
RESOLUTION CALLING FOR THE APPROVAL OF THE QUALIFICATIONS FOR CONSTITUTIONAL COMMISSIONERS OF THE UNIVERSITY STUDENT GOVERNMENT
19 20 21 22
Whereas, the Legislative Assembly is the highest policy making body of the Student Council (De La Salle University Student Council Constitution, Article VIII, Section 1);
23 24 25 26 27 28 29
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Article VIII, Section 5.1);
30 31 32 33 34
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council General Retrieved July 3, 2009 from Elections 2009. http://www.dlsu.ph/announcements/default.asp?id=604,);
35 36 37 38
Whereas, there shall be two independent Constitutional Commissions that shall report directly to the Judiciary: Commission on Elections and Commission on Audit . (University Student Government Constitution, Art.XIX, Sections 1.1 and 1.2);
39 40 41 42
Whereas, the LA shall prescribe the qualifications of the Commissioners of the Commission on Elections and the Commission on Audit. (University Student Government Constitution, Art.XIX, Section 2);
43 44 45 46
Whereas, the Commissioners shall hold office for one complete school year, beginning in the first trimester and ending in the third trimester. (As seen in Appendix A) (University Student Government Constitution, Art.XIX, Section 5);
47 48 49 50
Whereas, All Commissioners shall be prohibited from appointed position/s in any USG unit. (As seen in Appendix A) (University Student Government Constitution, Art.XIX, Art.XIX, Section 6); 6);
51 52 53 54 55 56
Whereas, The Commissioners of each Constitutional Commission shall elect among themselves a Chairperson, a Vice Chairperson, a Secretary and a Treasurer. They shall also be given the prerogative to recruit members who shall help them in discharging their functions. (University Student Government Constitution, Art.XIX, Art.XIX, Section 7); 7);
57 58 59
Whereas, The COMELEC shall be composed of two Commissioners from each college. (University Student Government Constitution, Art.XIX, Section 14);
60 61 62 63 64 65 66
Whereas, the Commission on Audit, which shall hereinafter be referred to as COA, shall be composed of a chairman and two commissioners, who shall be legitimate students of DLSU, and at the time of their appointment, has at least one year of tenure in DLSU, and must not have been candidates for any position in the election preceding their appointment. (As seen in Appendix A) (University Student Government Constitution, Art.XIX, Section 20);
67 68 69 70 71
Whereas, the Chairman and the Commissioners (of COA) shall be appointed by the President with consent of the EXECOM, Chief Legislator and Chief Magistrate, for three consecutive terms without reappointment. (As seen in Appendix A) (University Student Government Constitution, Art.XIX, Section 21);
72 73 74 75
Whereas, the COA Chairman shall have 1 year experience of being an auditor in the Office of the Treasurer. (As seen in Appendix A) (University Student Government Constitution, Art. XIX, Section 25);
76 77 78 79
Whereas, if any provision of this Constitution is declared invalid, the remainder thereof not affected thereby shall continue in full force and effect. (University Student Government Constitution, Art. XXVIII);
80 81 82 83
Wherefore, be it resolved that the Qualifications for Constitutional Commissioners of the USG shall, upon the approval of the Legislative Assembly take into effect from Academic Academic Year 2010-2011 2010-2011 to Academ Academic ic Year 2011-2012; 2011-2012;
84 85 86
Wherefore, be it further resolved that Article XVII, Section 3.5 of the University Student Government Constitution be invalidated;
87 88 89 90
Wherefore, be it further resolved that Article XIX, Section 3 of the University Student Government Constitution be invalidated;
91 92 93
Wherefore, be it further resolved that the COMELEC commissioners shall be recommended by their respective College Assembly President to the Legislative Assembly Assembly for approval; approval;
94 95 96 97
Wherefore, be it further resolved that the screening process for COA commissioners mentioned in Appendix A be done in coordination with the Office of the Treasurer for AY 2009-2010;
98 99 100 101
Wherefore, be it further resolved that any amendments to the Qualifications for Constitutional Commissioners for the USG after its approval shall be subject to a majority vote in the Legislative Assembly;
102 103 104 105 106
Wherefore, be it further resolved that the Qualifications for Constitutional Commissioners of the USG shall, upon the approval of the Legislative Assembly be adopted by the Constitutional Commissions of the University Student Government;
107 108 109 110 111
Wherefore, be it further resolved that the Resolutions Monitoring and Management Committee of the Legislative Assembly furnish a copy of the Qualifications for Constitutional Commissions of the USG, upon approval, to all incumbent EXECOM officers for proper briefing on the new process;
112 113 114
Wherefore, be it finally resolved that the Qualifications for Constitutional Commissioners of the USG (see Appendix A) be approved.
115 116 117
Adopted, October October 28, 28, 2009
118
APPENDIX A
119 120
QUALIFICATIONS FOR COMELEC COMMISSIONERS
121 122 123 124 125 126 127
1. The applicant for COMELEC Commissioner must not have been actively involved in any political party during his/her stay in the university to ensure an unbiased approach in doing his/her duties as a Constitutional Commissioner. This is certified by a joint written statement/certification from both political party presidents, who in turn, have the option to refuse signing the document in cases .
128 129 130
2. The applicant must have served as a COMELEC volunteer for at least one term of election prior to being a commissioner.
131 132 133 134
3. The applicant must be able to serve and perform the duties duti es of a COMELEC Commissioner of his/her college for one complete year, beginning in the first trimester and ending in the third trimester.
135 136 137
4. The applicant must not hold hold any appointed and/or elected elected position/s in any USG unit.
138 139
5. The applicant must have at least 3 terms left during the time of application. application .
140 141
6. The applicant must must come from the college he/she wishes wishes to represent. represent .
142 143 144
QUALIFICATIONS FOR COA COMMISSIONERS
145 146 147 148
1. The applicant must be able to serve and perform the duties of a COA Commissioner for one complete year, beginning in the first trimester and ending in the third trimester.
149 150 151
2. The applicant must not hold hold any appointed and/or elected elected position/s in any USG unit.
152 153 154
3. The applicant must not have been a candidate for any position in the election preceding his/her appointment.
155 156
4. The applicant must have at least 3 terms left during the time of application.
157 158 159 160
5. The applicant must have basic auditing knowledge to be determined by a screening process to be conducted by the appointing officers in coordination with the outgoing COA commissioner.
161 162 163
6. The COA Chairman shall have 1 year experience of being an auditor in the Office of the Treasurer.
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-49 Status: Approved
4 5 6
Resolution No. 2009-38
7 8
Sponsored by: Rules and Policies Committee
9 10 11 12 13
Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
14 15 16 17 18
RESOLUTION CALLING FOR THE APPROVAL OF THE QUALIFICATIONS OF THE PROSECUTING AND INVESTIGATING OFFICERS OF THE UNIVERSITY STUDENT GOVERNMENT
19 20 21 22
Whereas, the Legislative Assembly is the highest policy making body of the Student Council (De La Salle University Student Council Constitution, Article VIII, Section 1);
23 24 25 26 27 28 29
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Article VIII, Section 5.1);
30 31 32 33 34
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council General Elections 2009. Retrieved July 3, 2009 from http://www.dlsu.ph/announcements/default.asp?id=604,);
35 36 37 38
Whereas, the Judiciary shall appoint its Investigating Officers and Prosecuting Officers whose number shall be determined by them (University Student Government, Art. XVII, XVII, Section 3.9);
39 40 41 42
Whereas, the Legislative Assembly shall prescribe the qualifications of the Magistrates, Auditor, Investigating Investigating Officers and Prosecution Prosecution Officers.( Officers.( University Student Government Constitution, Art. XVIII, Section 4);
43 44 45 46
Whereas, should any Magistrate be subjected to an impeachment complaint, he or she must take a leave of absence before any investigation on the complaint is conducted. He or she shall be temporarily replaced within twenty-four hours by a
47 48
prosecuting officer of his or her choice (University Student Government Constitution, Art. XX, Section 4.5);
49 50 51 52
Wherefore, be it resolved that the Qualifications of the Prosecuting and Investigating Officers of the USG shall, upon the approval of the Legislative Assembly take into effect from Academic Year 2010-2011 to Academic Year 2011-2012;
53 54 55 56
Wherefore, be it also resolved that any amendments to the Qualifications of the Prosecuting and Investigating Officers for the USG after its approval shall be subject to a majority vote in the Legislative Assembly;
57 58 59 60
Wherefore, be it also resolved that the Qualifications for Prosecuting Officers and Investigating Officers supersede the Rules of Court to be made by the Judiciary of the University Student Government upon approval of the Legislative Assembly;
61 62 63 64 65
Wherefore, be it further resolved that the Qualifications of the Prosecuting and Investigating Officers of the USG shall, upon the approval of the Legislative Assembly Assembly be adopted by the Judiciary arm of the University University Student Student Government;
66 67 68
Wherefore, be it finally resolved that the Qualifications of the Prosecuting Officers and Investigating Officers (See Appendix A) of the USG be approved.
69 70 71
Adopted, Novembe Novemberr 27, 2009
72
APPENDIX A
73 74
Qualifications for Prosecuting and Investigating Officers
75 76 77 78 79 80
1. The applicant must not be affiliated or acquainted with anyone involved in the particular case they wish to work on to avoid any biases in executing their roles. This will be ensured through a written certification from both defendant and complainant who in turn, have the option to refuse signing the document in cases where the applicant is proven to be affiliated with either party.
81 82 83 84
2. The applicant must must have sufficient background and knowledge on the University Student Government and the case he or she is handling which are to be determined by the current Judiciary.
85 86 87
3. The applicant must be able to serve serve for the entire duration of the case they wish to work on.
88 89 90 91
4. The applicant must be willing to temporarily stand as a replacement Magistrate, should he or she be accepted as a prosecuting officer, in cases where any Magistrate is subjected to an impeachment complaint.
92 93 94
5. The applicant for the Prosecuting and Investigating Officers must have stayed in DLSU for at least one term.
95 96 97
6. The applicant for the Prosecuting Prosecuting and Investigating Officers must must not have any disciplinary case either major or minor.
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-50 Status: Approved
4 5 6
Resolution No. 2009-39
7 8
Sponsored by: Rules and Policies Committee
9 10 11 12 13
Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
14 15 16 17 18
RESOLUTION CALLING FOR THE APPROVAL OF THE SUPPLEMENTARY PROVISIONS OF USG CONSTITUTION ARTICLE XXI, ALSO KNOWN AS THE COUNCIL OF STUDENT ORGANIZATIONS
19 20 21 22 23
Whereas, the De La Salle University Student Council is the supreme student organization of DLSU, the power of which emanates from the Student Body. It shall be the sole, unified, autonomous and democratic representative body of the Students (De La Salle University Student Council Constitution, Art. III, Sec. 1);
24 25 26
Whereas, the Legislative Assembly is the highest policy making body in the Student Council (De La Salle University Student Council Constitution, Art. VIII, Sec.1);
27 28 29 30 31 32 33
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Art. VII, Sec. 5.1);
34 35 36 37 38
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council Retrieved July 3, 2009 from General Elections 2009. http://www.dlsu.ph/announcements/default.asp?id=604,);
39 40 41 42 43
Whereas, the Council of Student Organizations (CSO) is the umbrella organization of accredited professional, special interest, and socio-civic organizations of De La Salle University-Manila (De La Salle University Student Handbook, Academic Year 2009-2012, Appendix H);
44 45 46
Whereas, Article XXI of the USG Constitution is entitled as the Council of Student Organizations;
47 48 49 50
Whereas, Ms. Maria Francesca Tomaliwan, Chairperson of CSO requested for supplementary provisions on how they are going to interpret the article relating to them, specifically Article XXI;
51 52 53 54
Wherefore, be it resolved that Article XXI Sec. 2 of the USG Constitution be clarified that the CSO shall not exclusively coordinate with the Vice President for Internal Affairs but but may coordinate coordinate with with other USG USG units as well as deemed deemed necessary; necessary;
55 56 57 58
Wherefore, be it resolved that Article XXI Sec. 3.1 of the USG Constitution be clarified that the policies referred to shall be subject to agreements entered into by official representatives of both the USG and CSO;
59 60 61
Wherefore, be it resolved that Article XXI Sec. 4.3 of the USG Constitution be clarified that the policies referred to are limited to Article XXI only;
62 63 64 65 66
Wherefore, be it also resolved that Article XXI Sec. 7 of the USG Constitution be clarified as national and University issues concerning the whole student body and individual organizations may opt to release their own stands to represent its own organization only;
67 68 69 70
Wherefore, be it also resolved that throughout in Article XXI of the USG Constitution be clarified that CSO as a Council would be appropriately called as the Council Body;
71 72 73
Wherefore, be it further resolved that a copy of this resolution be given to Ms. Maria Francesca Tomaliwan, Chairperson of CSO;
74 75 76
Wherefore, be it further resolved that these supplementary provisions hold until the judiciary initiates for for re-evaluation re-evaluation of Article Article XXI XXI of the USG USG constitution; constitution;
77 78
Wherefore, be it finally resolved that the resolution be approved.
79 80 81
Adopted, Novembe Novemberr 27, 2009
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-39 Status: Approved
4 5 6
Resolution No. 2009-41
7 8
Sponsored by: Rules and Policies Committee
9 10 11 12 13
Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
14 15 16 17 18
RESOLUTION CALLING FOR THE APPROVAL OF THE QUALIFICATIONS AND PROCESS OF APPLICATION FOR AUDITORS OF THE UNIVERSITY STUDENT GOVERNMENT
19 20 21 22
Whereas, the Legislative Assembly is the highest policy making body of the Student Council (De La Salle University Student Council Constitution, Article VIII, Section 1);
23 24 25 26 27 28 29
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Article VIII, Section 5.1);
30 31 32 33 34
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council Retrieved July 24, 2009 from General Elections 2009. http://www.dlsu.ph/announcements/default.asp?id=604,);
35 36 37 38
Whereas, the LA shall prescribe the qualifications of the Magistrates, Auditor, Investigating Officers and Prosecution Officers.( University Student Government Constitution, Art. XVIII, Section 4);
39 40 41 42 43
Whereas, the Commission Commission on Audit Audit shall have the power, power, authority and duty to examine and audit all accounts pertaining to revenue and receipts of, and to the expenses and disbursements of every USG unit. (University Student Government Constitution, Art. XIX, Section 23);
44 45 46
Whereas, an auditor is defined as a person appointed and authorized to audit or examine an account or accounts, compare the charges with the vouchers,
47 48 49 50
examine the parties and witnesses, allow or reject charges, and state the balance. [1913 Webster] (The Collaborative International Dictionary of English What does Auditor mean?. Retrieved August 1, 2009. v.0.48. http://www.dictionary.net/auditor);
51 52 53 54 55
Whereas, the Executive Treasurer shall prepare an annual financial report of the USG for examination by the EXECOM and Legislative Assembly and also for audit by the Auditor duly appointed by the Judiciary (University Student Governance Article IX Section 5.13);
56 57 58
Whereas, the commissioners of each Constitutional Commission shall be given the prerogative to recruit members who shall help them in discharging their functions;
59 60 61 62
-2011) proposed qualification and process of application of auditors has been patterned from the previous school years (AY 2008-2009 and 2009-2010) qualifications and process;
63 64 65 66
Wherefore, be it resolved that the Qualifications and Process of Application for Auditors of the USG shall, upon the approval of the Legislative Assembly take into effect from Academic Year 2010-2011 and Academic Year 2011-2012;
67 68 69
Wherefore, be it resolved that the auditors are appointed and evaluated by the current Commission on Audit commissioners;
70 71 72 73
Wherefore, be it further resolved that any amendments to the proposed qualifications and process of application for auditors for the USG after its approval shall be subject to a majority vote in the Legislative Assembly;
74 75 76
Wherefore, be it finally resolved that the Qualifications and Process of Application for Auditors be approved approved by the the Legislative Legislative Assembly. Assembly.
77 78 79
Adopted, Novembe Novemberr 27, 2009
80
APPENDIX A
81 82 83
QUALIFICATIONS FOR AUDITORS
84 85 86 87 88 89 90 91
1. The applicant may not hold an EB position in any USG unit. 2. The applicant must be able to serve and and perform the duties of an auditor from the time of appointment to the last term of the academic year. 3. The applicant must be well-knowledgeable of auditing and its internal control procedures to maintain the technical competence of the auditors. Their knowledge with auditing will be determined and evaluated through a screening exam to be prepared by the current Commission on Audit commissioners.
92 93 94
PROCESS OF APPLICATION
95 96 97 98 99 100 101 102 103 104 105 106 107 108 109
1. The applicants must take a screening exam that must be approved by a Certified Public Accountant. The passing grade for such screening exam is 70% to maintain the quality of our auditors. The exam shall be conducted by the current Commission on Audit commissioners; 2. The applicant must go through an interview conducted by the the Commission on Audit commissioners. commissioners. Through this, the commissioners commissioners will determine determine and appoint the auditors. 3. Once the applicant has been chosen, he/she must undergo an orientation spearheaded by the Commission on Audit commissioners to know the basic procedures as auditors in the USG. 4. In the case where there is still a lack of auditors after the testing period, the previous applicants who still wish to be auditors may opt to retake the exam provided they have accomplished a remedial course to be spearheaded by the Commission on Audit commissioners.
1 2 3
De La Salle University Student Council Legislative Assembly
P.L.A.R. No. 2009-02-52 Status: Approved
4 5 6
Resolution No. 2009-42
7 8
Sponsored by: Rules and Policies Committee
9 10 11 12 13
Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009
Michael Gutierrez, 63rd Eng Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Anna Angelica Angelica Villanueva, Villanueva, FAST 2008
14 15
Sponsored by: Rules and Policies Committee
16 17 18 19 20 21
Carl Vincent Abaya, FAST 2007 Louise Artadi, BnE 2012 Jana Cabuhat, CATCH 2T13 Jesyl Gagto, FOCUS 2009 Michael Gutierrez, 63rd Eng
Trisha Vanessa Liu, 63rd Eng Ma. Ana Patricia Mallari, BnE 2010 Ysabel Peliño, EdGe 2007 Philip Rentillo, EdGe 2008 Anna Angelica Villanueva, FAST 2008
22 23 24 25
RESOLUTION CALLING FOR THE APPROVAL OF THE REVISED LEGISLATIVE ASSEMBLY MANUAL
26 27 28 29 30
Whereas, the De La Salle University Student Council is the supreme student organization of DLSU, the power of which emanates from the Student Body. It shall be the sole, unified, autonomous and democratic representative body of the Students (De La Salle University Student Council Constitution, Art. III, Sec. 1);
31 32 33
Whereas, the Legislative Assembly is the highest policy making body in the Student Council (De La Salle University Student Council Constitution, Art. VIII, Sec.1);
34 35 36 37 38 39 40
Whereas, the Rules and Policies Committee shall initiate the review of the rules, policies, and procedures of the Legislative Assembly, De La Salle University Student Council, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Council Executive Committee and offices concerned. (LA Rules of Internal Governance, Art. VII, Sec. 5.1);
41 42 43 44 45 46
Whereas, the University Student Government (USG) has been ratified (Mistades, V. (2009 April 1). DLSU-Manila: Announcements: Results of the Student Council Retrieved July 3, 2009 from General Elections 2009. http://www.dlsu.ph/announcements/default.asp?id=604,);
47 48 49 50
Whereas, any amendments to the Legislative Assembly Rules of Internal Governance can be proposed by any Legislative Assembly Representative through a resolution and shall be approved by a two-third majority vote of the Legislative Assembly. Assembly. (LA Rules Rules of Internal Internal Governance, Governance, Art. XVI); XVI);
51 52
Wherefore, let the LA Manual read:
53 54
55 56 57 58
The University Student Government Legislative Assembly Manual is the University Student Government Legislative Assembly.
59 60 61
Inside, you will find the Legislative Assembly Rules of Internal Governance, Parliamentary Procedures, and Resolution Formats.
62 63 64
We hope that this manual be helpful to all University Student Government Officers, especially to the Legislative Assembly.
65 66
For Lasallian Achievers for God and Country!
67 68 69
De La Salle University Student Government Office of the Executive Secretary
70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85
Contents 4 The Legislative Assembly 5 LA Rules of Internal Governance 14 Format of a Resolution 16 About Resolutions Resolutions 17 Person to Person Communication 18 Parliamentary Procedures 26 Summary of Motions
86 87
The Legislative Assembly
88 89 90 91 92
The Legislative Assembly (LA) is the highest policy making body of the University Student Government It is composed of the elected Legislative Assembly Representatives of each year level, lead by its Chief Legislator.
93 94 95 96 97 98 99 100 101 102 103
Pursuant to the USG Constitution, the LA Representatives have the following functions: non-academic matters tion tion in other University Student Government units and university-wide committees as appointed to the studentry University Student Government Officers.
104 105 106 107 108 109
separate its duties into several committees. There are three committees namely:
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The details of the roles and responsibilities of each committee are written in the LA Rules of Internal Governance.
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Decisions are made binding in the resolution only in the presence of a quorum. quorum. A quorum is two-thirds of the total total number number of seats. seats. Quorum is 11. Quorum is 15.
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Legislative Assembly Sessions are held on a regular basis. Regular sessions happen during Fridays at 1430h -1600h
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LA Rules of Internal Governance Article I Policy and Application
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Section 1. Title. These rules shall be known and cited as the Rules of Internal Governance of the Legislative Assembly. Section 2. Purpose. These rules are promulgated to prescribe the structure, procedures, and guidelines for the proper discharge of the powers and responsibilities of the Legislative Assembly, so as to achieve the purpose of active legislation. Section 3. Declaration of Policy. It is hereby declared the policy of the De La Salle University Student Government that the Legislative Assembly shall enjoy the balance of power and authority with the Executive Branch to enable it to attain its fullest development as a self-reliant body and make it a more efficient
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goals. A more more responsive and accountable structure shall be provided to the Legislative Assembly, through a system whereby its powers, jurisdiction, procedures, and guidelines shall be clearly defined. Section 4. Scope of Application. These rules shall apply to the following: 4.1. Chief Legislator of the Legislative Assembly 4.2. Legislative Assembly Majority and Minority Floor Leaders. 4.3. Legislative Assembly Inner Circle. 4.4. All Legislative Legislative Assembly Assembly Representa Representatives. tives. 4.5. Legislative Committees. University Student Government, Government, whenever whenever 4.6. All officers of the De La Salle University applicable. Section 5. Formulation of Comprehensive Policies by the Legislative Assembly. The Chief Legislator and the Majority/Minority Floor Leaders, together with the Legislative Secretariat and Legislative Committee Chairpersons, shall formulate and enforce basic administrative policies and procedures to facilitate the implementation of this Act.
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Article II Members
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Member of the Legislative Legislative Assembly Assembly shall refer to the Legislative Legislative Section 1. A Member Assembly Assembly Chief Legislator Legislator or or to a Legislative Legislative Assembly Assembly Representat Representative. ive. Section 2. Every Member shall be present at the sessions of the Legislative Assembly Assembly unless otherwise otherwise excused. excused. Section 3. Every Legislative Assembly Representative present at the session shall vote on every motion, unless he/she has direct personal or pecuniary conflict therein. Section 4. Legislative Assembly Representatives shall be appointed to only one Legislative Committee. The Chief Legislator shall assign the Legislative Assembly Assembly Representatives Representatives to the Legislative Legislative Assembly Committees in reference reference to, but not entirely based upon, the top three choices of each Legislative Assembly Assembly Representative Representative and in a manner that he/she deems deems necessary. The Legislative Assembly Representative that will be elected as the Legislative Assembly Assembly Chief Legislator Legislator shall shall be an ex officio officio member of every every committee. committee. Article III The Legislative Assembly
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Section 1. The Legislative Assembly (LA) is the highest policy making body of the University Student Government. (Article XIV, Section 1 of the De La Salle University University Manila Manila University Student Government Constitution). Section 2. The Legislative Assembly Representatives shall have the following functions: (Article XIV Section 5 of the De La Salle University Manila Manila University Student Government Constitution) 2.1. Report directly to the Batch President, College President, Chief Legislator and President as deemed necessary. 2.2. Participate actively in LA sessions.
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2.3. Conduct regular consultations with his/her constituents regarding academic and non-academic matters. University-wid e committees as 2.4. Hold position in other USG units and University-wide appointed. College Advisory Board together with with the other LA 2.5. Handle the College Representatives of each respective college. 2.6. Handle the Batch Advisory Board. 2.7. Review existing policies and resolutions. legislati ons that are of relevance to the studentry. 2.8. Pass resolutions and legislations all minutes, minutes, resolutions and the like that concerns 2.9. Be entitled to a copy of all the legislative proceedings. 2.10. Perform other functions as deemed necessary by the EB, College President, Batch President, Chief Legislator and the LA. Section 3. The LA shall concern itself with discussing and deciding on the following matters: (Article XIV Section 3 of the De La Salle University Manila University Student Government Constitution) 3.1. Integral policies, existing operations, projects and programs. extra-curri cular matters. 3.2. Resolutions of University-wide, curricular and extra-curricular 3.3. Resolutions on national and sectoral issues. non-admini strative units and 3.4. Representation of administrative and non-administrative committees requiring such inside the campus. 3.5. Budget allocation of the USG as presented by the Executive Treasurer. whose functions function s shall be 3.6. Creation of standing and ad hoc committees whose determined by the body. Election Code to be adopted by the Commission on 3.7. Approval of the Election Elections. 3.8. Approval of appointed USG officers for elected positions.
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Article IV The Legislative Assembly Chief Legislator
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Section 1. Pursuant to the provision stated in Article XIV, Section 4 of the De La Salle University University Manila Manila University Student Government Constitution, an elected Legislative Assembly Representative shall be the Chief Legislator of the Legislative Assembly. Section 2. The powers and responsibilities of the Chief Legislator shall have the following powers, duties and responsibilities: 2.1. Call and preside over the sessions of the LA and appoint from its members, except the Majority and Minority Floor Leaders and the Legislative Secretariat, a replacement upon his/her incapacity or absence. over the meetings of the LA Inner Circle and appoint from 2.2. Call and preside over its members, except the Legislative Secretariat, a replacement upon his/her incapacity or absence. 2.3. Call special LA sessions.
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durin g sessions, and, in case case of disturbance 2.4. Preserve order and decorum during or disorderly conduct within the premises where the session is being held, take such measures as he/she may deem advisable or as the LA may direct. 2.5. Rule on all questions of order, subject subject to appeal by any member member of the LA, which appeal shall not be debatable, but the member appealing may explain his/her appeal for not more than five minutes. seal of the USG USG in all resolutions, memorials, writs, 2.6. Sign and affix the seal warrants and subpoenas issued by the order of the LA. 2.7. Enforce all rules, policies and procedures governing the LA. 2.8. Receive periodic reports from all units and members of the LA whose frequency of submission shall be at his/her discretion. 2.9. Appoint LA Representatives to LA Committees. 2.10. Be an ex-officio member of all LA Committees. administrative tive supervision over the LA and and all all its units. 2.11. Have administra 2.12. Be the official representative of the LA in functions that require its presence. 2.13. Ensure that the LA follows properly the parliamentary procedure during sessions. Section 3. As provided for by Article XIV, Section 14 of the De La Salle University Manila University Student Government Constitution, all rulings announced by the Legislative Assembly Chief Legislator shall be final unless member of the LA. Such reversal shall require a two-thrids vote of the members of the LA to be carried. The Legislative Assembly Chief Legislator shall have the Section 4. administrative supervision over the Legislative Assembly and all its units, such as the Inner Circle and the Legislative Assembly Committees.
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Article V The Legislative Secretariat
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Section 1. The Legislative Secretariat shall be chaired by the Executive Secretary of the De La Salle University Student Government and composed of at least two (2) members of the staff of the Office of the Executive Secretary. Section 2. The Legislative Secretariat shall have the following powers, duties and responsibilities (De La Salle University Manila University Student Government Constitution Article XIV Section 7): 2.1. Report directly to the Chief Legislator. 2.2. Enforce orders of the LA when such duty devolves upon them. session of the LA and all all meetings of the LA 2.3. Record the minutes of each session Inner Circle. members of the LA before the opening of the session. 2.4. Call the roll of the members 2.5. Note all questions in order with the decisions thereon. the close of the session, the printing and 2.6. Complete, within five days after the distribution of the minutes for the said session to the members of the LA.
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2.7. Provide each LA Committee a copy of the outline of the minutes for filing and reference. 2.8. Take charge in counting and recounting the votes or ballots. 2.9. Perform other functions functions as deemed necessary by the Chief Legislator or the LA. Section 3. The Legislative Secretariat shall formulate and enforce policies and procedures governing the documentation and monitoring of implementation of resolutions approved by the Legislative Assembly; Section 4. The Legislative Secretariat shall monitor the status of resolutions approved by the Legislative Assembly and present recommendations to the Legislative Assembly on such; Section 5. The Legislative Secretariat shall outline basic policies and procedures to facilitate the monitoring of resolutions from the time they have been placed on the agenda until its delegation to an executive office, and enforce the same as approved by the Legislative Assembly.
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Article VI The Majority and Minority Floor Leaders
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Section 1. The Majority and Minority Floor Leaders shall convene their respective majority/minority group. 1.1. The Majority Floor Leader shall consolidate the arguments and positions in a specific issue or resolution of the majority of the body. He/She shall serve as the spokesperson of the majority side. In case of conflict of interest, he/she may appoint anyone from the majority side to assume the position but may not vacate his/her position as part of the majority, except for meritorious cases to be decided by the Chief Legislator. He/She may call separate meetings outside the LA sessions to convene the majority side. 1.2. The Minority Floor Leader shall consolidate the arguments and positions in a specific issue or resolution of the minority of the body. He/She shall serve as the spokesperson of the minority side. In case of conflict of interest, he/she may appoint anyone from the minority side to assume the position but may not vacate his/her position as part of the minority, except for meritorious cases to be decided by the Chief Legislator. He/She may call separate meetings outside the LA sessions to convene the minority side.
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Article VII The Legislative Committees
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Section 1. There shall exist the following Legislative Committees: 1.1. National Affairs Committee 1.2. Rules and Policies Committee 1.3. Section 2. The National Affairs Committee shall have the following duties and responsibilities:
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2.1. Discuss national and sectoral issues, and present recommendations on such to the Legislative Assembly. 2.2. Review the existing positions of De La Salle University on national and sectoral issues, and present recommendations to the Legislative Assembly whenever necessary. 2.3. Monitor the performance of all executive units of the De La Salle University Student Government on matters relating to addressing national and sectoral issues. 2.4. Report to the Legislative Assembly Inner Circle resolutions referred to it after the introduction of such. 2.5. Conduct public hearings on resolutions or propositions, and inquiries in aid of legislation. 2.6. Perform other functions as deemed necessary by the Chief Legislator or the Legislative Assembly. Section 3. The Rules and Policies Committee shall have the following duties and responsibilities: 3.1. Initiate the review of the rules, policies, and procedures of the Legislative Assembly, Assembly, De La Salle University University Student Student Government, Government, and De La Salle University, in coordination with the concerned offices and/or units, and present recommendations to the Legislative Assembly, De La Salle University Student Government Executive Committee and offices concerned. 3.2. Monitor the implementation of rules, policies, and procedures approved by the Legislative Assembly. 3.3. Report to the Legislative Assembly Inner Circle resolutions referred to it after the introduction of such. 3.4. Conduct public hearings on resolutions or propositions, and inquiries in aid of legislation. 3.5. Perform other functions as deemed necessary by the Chief Legislator or the Legislative Assembly. Section 4. duties and responsibilities: 4.1. Salle University, and present recommendations on such to the Legislative Assembly. Assembly. 4.2. Review the existing positions of the De La Salle University Student scope, and present recommendations to the Legislative Assembly whenever necessary. 4.3. Monitor the performance of all executive units of the De La Salle University welfare issues, whether national or local in scope. 4.4. Report to the Legislative Assembly Inner Circle resolutions referred to it after the introduction of such. 4.5. Conduct public hearings on resolutions or propositions, and inquiries in aid of legislation.
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4.6. Perform other functions as deemed necessary by the Chief Legislator or the Legislative Assembly. Section 5. Each Legislative Committee shall have a Chairperson, a ViceChairperson, a Secretary and other officers and/or sub-committees it may deem necessary, all of whom shall be elected from among and by the members of the committee. The members shall determine the manner of election thereof. Section 6. The LA Committee Chairperson shall have the following powers, duties and responsibilities: 6.1. Report directly to the Chief Legislator. 6.2. Preside over the meetings of their respective LA Committees. 6.3. Participate in the meetings of the LA Inner Circle. 6.4. Administer the overall operations of their respective committees. 6.5. Report to the LA Inner Circle actions on resolutions referred to their committees. 6.6. Appoint committee committee members to sub-committees sub-co mmittees as well as delegate committee tasks to committee members, whenever necessary. 6.7. Consolidate the committee members on matters pertinent to the LA and in their attendance to LA sessions. 6.8. Perform other functions as deemed necessary by the Chief Legislator and the LA. Section 7. The LA Committee Vice Chairperson shall have the following powers, duties and responsibilities: 7.1. Report directly to the LA Committee Chairperson. of the LA Committee Chairperson 7.2. Assume the powers and responsibilities of in his/her incapacity or absence. 7.3. Supervise the LA Committee researches. 7.4. Assist the LA Committee Chairperson in supervising the operation of the LA Committee. functions deemed deemed necessary by the LA Chairperson or as 7.5. Perform other functions prescribed within the rules of their respective committees. Secretary shall have the following powers, powers, Section 8. The LA Committee Secretary duties and responsibilities: 8.1. Report directly to the LA Committee Chairperson. 8.2. Record the minutes of the LA Committee meetings and provide copies to committee members. 8.3. Organize and compile all documents pertinent to the LA Committee. 8.4. Be in charge of all logistical work of the LA LA Committee, including includi ng the 8.5. Be responsible for drafting and submission of periodic reports to the Chief Legislator. members of the LA Committee meetings two two days prior to the 8.6. Inform members scheduled date of the meeting. 8.7. Monitor the status of resolutions approved by the Legislative Assembly 8.8. Perform other functions deemed necessary by the LA Committee Chairperson or as prescribed within the rules of their respective committees.
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members of the LA Committees shall have the following Section 9. The members powers, duties and responsibilities, other than those stated in Article XIV Section 5 of this De La Salle University Manila University Student Government Constitution: 9.1. Report directly to the LA Committee Chairperson. 9.2. Be present and participate actively in all LA Committee meetings. 9.3. Aid the LA Committee Vice Chairperson in committee researches. 9.4. Perform other functions deemed deemed necessary by the LA Committee Chairperson or as prescribed within the rules of their respective committees. Section 10. The members of the LA Committees shall determine the frequency and the time of their meetings. Section 11. Any member of the LA Committees may may call special meetings if he/she deemed it necessary. Committees shall constitute a quorum of no less than twoSection 12. The LA Committees thirds of its members. must be reached via a majority majority (50% + 1) of those Section 13. A final decision must present. Decisions made outside this provision are tentative and unofficial until majority of the LA Committee members are informed and have agreed. Section 14. The Chief Legislator shall be an ex officio member of all LA Committees.
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Article VIII The Legislative Assembly Inner Circle
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Section 1. The administrative power of the Legislative Assembly shall be vested in the Legislative Assembly Inner Circle. Section 2. The LA-Inner Circle shall be composed of the: 2.1. Chief Legislator. 2.2. Majority Floor Leader. 2.3. Minority Floor Leader. Committee Chairperso Chairpersons. ns. 2.4. All LA Committee 2.5. Legislative Secretariat. Section 3. The LA-Inner Circle shall have the following powers, duties and responsibilities (De La Salle University Manila Manila University Student Government Constitution Article XVI Section 3): 3.1. Discuss and decide on matters relating to the administration of the LA. 3.2. Receive reports from LA Committees on resolutions referred to it and on the performance of the committee and its members. 3.3. Discuss and decide on matters relating to the rules and procedures to be used in the consideration on the floor of resolutions reported to it, such as time limit for the debates, rules on germaneness and amendments, etc. 3.4. Calendar resolutions reported by the LA Committees for consideration. 3.5. Outline the agenda of all LA sessions. Section 4. All rulings by the LA-IC on matters pertaining to the administration of the LA may be overturned by a two-thirds vote of the total membership of the LA.
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Section 5. The members of the LA-IC shall determine the frequency and the time of their meetings. Section 6. Any member of the LA-IC may call special meetings if he/she deemed it necessary. Section 7. The LA-IC shall constitute a quorum of no less than two-thirds of its members. Section 8. A final decision must be reached via a majority (50% + 1) of those present. Decisions made outside this provision are tentative and unofficial until majority of the LA-IC members are informed and have agreed.
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Article IX Resolutions, Messages and Petitions
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Section 1. The Legislative Committees to which a resolution has been referred to shall act on such, as it deems necessary. It may create a sub-committee and refer the same to it, or act on the resolution in full committee. Section 2. The Legislative Assembly Inner Circle shall act on any resolution reported to it within five (5) calendar days upon receipt of the report, after which the Legislative Assembly Inner Circle shall place the resolution on the Calendar. Section 3. The Legislative Assembly Inner Circle shall outline the agenda for the next session or meeting of the Legislative Assembly. Section 4. Resolutions passed and approved for discussion by the Legislative Assembly Assembly Inner Circle shall be opened in a first come, first fi rst serve basis, unless argued upon by the body, if the body deems necessary. Section 5. When a resolution is in order on a particular session or meeting, the parliamentary rules and procedures, together with the rules provided by the Legislative Assembly Inner Circle shall be in order during debates and proceedings. Section 6. All resolutions resolutions that have have not been been approved approved by the the end of the the terms terms of office of the Legislative Assembly Representatives shall be declared void and kept in records of resolution filed only for the purpose of reference and research. Section 7. Any Member of the Legislative Legislative Assembly may deliver deli ver messages and at the end of the session, and only upon recognition by the Chief Legislator. Section 8. Non-members of the Legislative Assembly may address the Legislative Assembly, deliver messages, petitions, and deliver privilege speeches on the floor only upon the approval of two-thirds of the Members of the Legislative Assembly.
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Article X Sessions, Meetings, Attendance and Quorum
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Section 1. The first session of the Legislative Assembly shall be reserved for orientation, appointment to Legislative committees, election of officers and
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delegation of initial and provisional task and shall be convened by the Chief Legislator not later than one month after the formal turnover of office. Section 2. Regular sessions or meetings shall be held once every Friday between 1430H and 1600H. The first fifteen (15) minutes of each session shall be allotted for the general orders (i.e. calling of the meeting to order, calling of the roll, approving of the minutes). If there are no more matters for consideration during this period, the Chief Legislator may proceed to the next order of the session. A regular session of the meeting may be called off on the following cases: suspension of classes, official national, local or university holidays and final examinations week. Otherwise, it may be called off by the Chief Legislator with concurrence of the De La Salle University Student Government Executive Committee. Section 3. Special sessions may be conducted upon the approval of the majority of the Legislative Assembly. Such motions and the announcement thereof shall only be made during regular Legislative Assembly sessions. Section 4. The Chief Legislator, or the Legislative Assembly Inner Circle may call emergency sessions. member is considered considered late if he/she he/she arrives after the first first roll call. call. Section 5. A member Section 6. A member member is considered absent for a meeting if he/she arrives after one-third of the given period for these said meetings. Section 7. The following shall serve as guidelines on the absences of Legislative Assembly Assembly Representatives: Representatives: 7.1. Excused Absences 7.1.1. Legislative Assembly Representatives are entitled to unlimited number of excused absences on Legislative Assembly sessions. 7.1.2. Legislative Assembly Representatives may only be excused on reasons such as conflict with academic schedule, health reasons that may deter a person from attending any normal human activity, other reasons as deemed necessary by the Executive Secretary of the De La Salle University Student Government. 7.1.3. as soon as possible. 7.1.4. certification to the Executive Secretary. 7.1.5. Officers who need to absent themselves from a Legislative Assembly session due to unexpected reasons (those not included in 7.1.2.) should submit an excused absence form within two days after the session to the Executive Secretary. 7.1.6. The Legislative Assembly Representatives concerned should submit an excuse letter addressed to the Executive Secretary stating the reason of absence. The letter should be submitted at least two days before the session. Approval of the absence would be upon the discretion discretion of the Executive Executive 7.1.7. Approval Secretary. The decision should be released at most one day before the session. 7.2. Unexcused Absences. 7.2.1. Legislative Assembly Representatives are allowed three (3) unexcused absences from sessions for the whole year.
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allowable unexcused unexcused absences absences shall 7.2.2. An officer exceeding the number of allowable be subject to the proceedings of the Judiciary Branch. Section 8. Two-thirds of the total number of Legislative Assembly Representatives shall constitute a quorum during its sessions or meetings. Quorum in the meetings of the Legislative Committees shall be constituted by a simple majority of its total membership. Section 9. Decisions made in the absence of the quorum shall not be binding, unless such are made in the context of an implied quorum. 9.1 Implied quorum is at least one-half plus one of the total number of the Legislative Assembly Representatives. 9.2. Implied quorum shall only be decided through a 100% vote of the members. 9.3. Decisions made during an implied quorum can be reached through a majority vote and shall remain final unless a member of the body challenges the decision in the succeeding sessions or meetings. 9.4. Decisions made during an implied quorum, which were reached through a 100% vote, shall be considered final.
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Article XI Election and Vacancies of Legislative Assembly Officers
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Section 1. Election of the Legislative Assembly Chief Legislator shall be done before the first Legislative Assembly session among all Legislative Assembly Representatives. These elections shall be conducted by the President of the University Student Government; Section 2. Elections of the Majority and Minority Floor Leader shall be done during the first Legislative Assembly session before the assignment of Legislative Assembly Assembly Representatives Representatives to to their respective respective Legislative Legislative Assembly Assembly Committees. Committees. Only Legislative Assembly Representatives from the majority and minority group shall vote for their respective Floor Leader. The Chief Legislator shall preside over the election of both Floor Leaders. In case of a tie in the number of votes of each Floor Leader position, the Chief Legislator shall be given voting power to break the tie. Section 3. Election of Committee Chairpersons, Vice Chairpersons, and Secretaries shall be done during the first Legislative Assembly session, after the assignment of Legislative Assembly Representatives to their respective Legislative Assembly Committees. The Chief Legislator shall preside over the election of the aforementioned officers. In case of a tie in the number of votes of each Floor Leader position, the Chief Legislator shall be given voting power to break the tie; Officer -ship shall only be Section 4. Nominations for Legislative Assembly Officer-ship accepted upon confirmation of the nominee. nominee. Absentees may be nominated but but will not be given voting power. Section 5. Any Legislative Assembly representative may be nominated for any position but may assume only one elected position at a time. Section 6. Elections for Legislative Assembly officers may only be conducted in the presence of a quorum.
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shall be done through a raise of hands. Section 7. All voting shall Section 8. Only members of the same committee may vote for their respective committee officers. Section 9. In case of resignations and/or vacancies, the following guidelines and hierarchal adjustments shall be followed accordingly: 9.1 Should the Chief Legislator choose to resign from his/her position, special elections are to be conducted before the following Legislative Assembly session. Procedures for election of Chief Legislator will be followed 9.2. Should the Majority or Minority Floor Leader choose to resign from his/her position, special elections are to be conducted before the following Legislative Assembly Assembly session. Procedures Procedures for election election of Floor Leaders Leaders will will be followed. followed. 9.3. Should a committee chairperson resign, the vice-chairperson of the said committee shall immediately assume all roles and responsibilities held by the resigning chairperson. 9.4. Should a committee vice-chairperson resign, the secretary of the said committee shall immediately assume all roles and responsibilities held by the resigning vice-chairperson. 9.5. Should a committee secretary resign, special elections must be held in the presence of the Inner Circle to fill the vacancy in that committee.
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Article XII Decorum and Debate
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Section 1. Only members of the Legislative Assembly may participate in the debate and discussions during the sessions. However, non-members may speak on the floor upon the approval of two-thirds of the Members present. Section 2. No person shall interrupt the Chief Legislator and the Member having the floor. Section 3. No Member shall leave the session without the approval of the Chief Legislator. Section 4. Members and non-members who disturb the proceedings shall be expelled from the session hall for a period deemed necessary by the Chief Legislator, and may be brought to face administrative, and disciplinary charges as deemed necessary by the Chief Legislator. Section 5. Closed-door sessions shall not be called unless on the discussion of impeachment cases or other important matters as approved by two-thirds vote of all members present. Section 6. Non-members shall be barred from attending closed-door sessions. Section 7. Gross violation of these Rules, Parliamentary Procedures, and other codes and policies of the Legislative Assembly shall tender the Member impeachable. Section 8. All matters brought to the floor shall be directed to the Chief Legislator. Any referral to any person shall be made using the third person form. language by a Member deemed unethical unethical by two-thirds two- thirds Section 9. Any action or language of the members present or which undermines the integrity of the Legislative
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Assembly Assembly or the De La La Salle University University Student Student Government Government shall shall be barred barred from use during the sessions of the Legislative Assembly. Section 10. Violators to this rule shall be sanctioned as deemed necessary by the Chief Legislator.
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Article XIII Voting
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Section 1. Voting on bills or resolutions shall be done in the following manner: 1.1. Division of the House. If a Legislative Assembly Representative wishes to appeal or to move for the reconsideration on the ruling of the Chairperson on the viva voce, he/she shall have to make a motion for a division of the house. At this point, the Chief Legislator shall direct all in favor to rise, then direct all opposed to rise. 1.2. Roll Call Vote. If a Legislative Assembly Representative wishes to appeal or to move for the reconsideration on the ruling of the Chief Legislator on the question after the division of the house, he/she shall have to make a motion for a roll call vote. At this point, the Chief Legislator shall direct the Executive Secretary to call the roll, and direct the Members of the Legislative Assembly to of their name. Section 2. The Legislative Secretariat shall place the votes made by the Members of the Legislative Assembly on record. announced by the Chief Legislator Legislator shall be final unless Section 3. All rulings announced Member of the Legislative Assembly. Such reversal shall require a two-thirds vote to be carried. resolutions or motions unless Section 4. A simple majority shall decide all resolutions otherwise provided by the parliamentary authorities as provided by Article XIV of these Rules.
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Article XIV Submission of Resolutions
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Section 1. Softcopies of resolutions should be submitted to the respective Committee Secretaries concerned on or before Wednesdays at 2200h while hardcopies of resolutions should be submitted on or before Thursdays at 1200h. Section 2. Resolutions should be submitted in both hardcopy and softcopy. The pigeonhole while the softcopy should be sent via electronic mail. Section 3. Failure to submit the resolutions on the said deadline will be subjected to the sanctions deemed necessary by the Legislative Assembly Secretariat;
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Article XV Separability Clause
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If any portion of these Rules is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declarations.
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Article XVI Amendments
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Amendments Amendments to these Rules can be proposed proposed by any Legislative Legislative Assembly Assembly Representative through a resolution and shall be approved through a two-third majority vote of the Legislative Assembly.
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Article XVII Repealing Clause
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All laws, decrees, orders, rules, and regulations, regulations, other issuance, or parts hereof inconsistent with the provisions of these Rules are hereby repealed or modified accordingly.
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Article XVIII Effectivity Clause
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These Rules of the Legislative Assembly shall be effective immediately upon the approval of the Legislative Assembly.
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Format of a Resolution Document Properties:
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Paper Size: Margins: 1 inch on all sides Font and Size: Arial 12 Hanging Indents 0.5 Tab Stop: 0.5 Legend: 1. Pending Legislative Assembly Resolution No. Year -Term - Resolution Number. Used as a reference for tracking resolutions discussed. 2. Status of the resolution whether approved, disapproved, or otherwise. 3. Resolution Number Year-Resolution Number. This only applies if the resolution is approved. 4. Name of sponsoring committee or group of LA Representatives (only of applicable). 5. Name of author/s of the resolution with their respective batch. This is arranged alphabetically. 6. Title of the Resolution. 7. Whereas statements. These statements serve as point of bases on why you are writing the resolution. 8. Source of your basis (if applicable).
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9. First wherefore statement. The whereas statements serves as your point of conclusion. 10. Second and succeeding wherefore statement/s. 11. Final wherefore statement. 12. Date of the approval of the resolution. Spacing: A. 2 spaces B. 1 space Other information for the last wherefore statement which should end with a period.
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About Resolutions A resolution is an important document document to an LA representative. representative. It is basically basically decipher if a resolution resolution is worthy of discussion: Is it applicable on a long- long- other statutes which cover the area of the resolution? -mission thrusts? Have all the parties involved or affected been consulted? Can it be done? Does it specify who will implement it? How will it be implemented and when? Is it relevant and achievable? -written? -written? Is it grammatically correct? Are the words used appropriate? Does it follow logical reasoning? Does it possess sufficient premises? Is it clear, concise, and precise? Does it avoid broad statements and value judgments?
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The following are suggested steps on how to begin to write a resolution: ears, eyes and heart. Ask for generated on the basis of urgency and importance. al al premises. Consult the University mission statement, USG Constitution, past resolution, and other related documents. d to the proposed resolution. what what you would want to be done. This should include who will implement it, how it will be implemented, the time frame of implementation,
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and where the budget will be taken from (if applicable). This will be the secure them both hard and soft copies of the document.
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Person to Person Communication
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Person to person communication of PTPC is one of the tasks of a Legislative Assembly Assembly Representative. Representative. A popular method method of conducting conducting PTPC is by having batch mates answer surveys to find out how they feel about certain issues. It may be covering national, university wide, college, or batch level issues. Basically, the idea of PTPC is to ensure that one is representing what his or her batch believes in.
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Parliamentary Procedures
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The Legislative Assembly adapted the parliamentary procedures primarily for protecting the democratic institutions for which the University Student Government stands up for. Parliamentary procedures protect the rights of the people attending and running a meeting in order to debate and equally express ideas. The basic provisions of parliamentary law are as follows:
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Parliamentary Law, which originally referred to the customs and rules of conducting business in the English Parliament, is a series of rules that were formulated to facilitate the transaction of business and to promote harmony and cooperation within an assembly. This is built on the principle that there must be a careful balance of the rights of the organization, the rights of subgroups and individual members.
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BASIC RULES
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I. The rights of the organization supersede the rights of individual members Simply put, the organization has its own rules and all members should follow them. Should the time come that conflict between the two rights arise, the right of the organization shall prevail.
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II. All members are subject to have equal rights The rights of individual members are as follows: To attend all LA sessions; To make motions and speak in debates;
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To nominate; To vote; To hold office.
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III. Concomitant with the rights are responsibilities.
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The responsibilities of members are as follows: a. Attend meetings and be on time; b. Be ready to talk knowledgeably and intelligently on a topic; c. Be attentive and open-minded; d. Treat everyone with courtesy and respect the rights of others; e. Follow the rules of debate; f. Make a point concisely; g. Attack issues, not people.
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IV. A quorum must be present to do business, in order to protect the right of absentees. A quorum is the number number of members who must be present to legally transact business, or at least two-thirds of the expected number of members attending the LA session. The purpose of a quorum is to prevent an unrepresentative group from taking action in the name of the organization.
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V. The majority rules. This rule is the most basic element of a true democratic process. The minority, however, has the right to be heard, but once the majority has reached a decision, the minority has to respect and abide with the decision.
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VI. The two-thirds vote rule. A two-thirds vote is necessary necessary whenever whenever you are limiting or taking away the rights of members, or whenever you are changing something that has already been decided. For example, a motion calling for the closure of discussion demands a two-thirds vote since it would in effect limit other members from continuing to voice out.
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VII. One question at a time, and one speaker at a time. No other motion should be in order, which does not directly relate to the question under consideration. In addition, once a member has been recognized, he or she has been granted the chance to talk and no other member may interrupt.
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VIII. Debatable motions must receive full debate. The chairperson may not put a debatable motion to vote as long as members wish to debate it. Debate can only be suspended by a two-thirds vote of the members present.
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IX. Once a question is decided, it is not in order to bring up the same motion or one essentially like it at the same meeting.
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Motions of such nature should be ruled out of order.
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X. Personal remarks in debate are always out of order. The chairperson must rule out all personal remarks out of order. Debate must be directed as motions, and not as motives; principles, and not as personalities.
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TYPES OF MOTIONS
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Main Motions or Principal Motions. A main motion introduces a new item of business. Main motions allow groups to do their work. The common words used Main motions are the lowest-ranked motions, and are superseded by subsidiary, incidental, and privileged motions.
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Steps in handling main motions: SDAVR . Second. Debate. Amend. Vote. Reconsider.
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previous decision made. It can be raised Rescind A motion to rescind annuls a previous only by a person who voted for the decision previously made, or who was absent. The motion can be made until the next immediate meeting the decision was made. It must be seconded, and requires a two-thirds vote (if made without a written notice), or a majority vote (if made with a written notice).
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motion can be made while while the main motion is Secondary Motions. A secondary motion on the floor and before it has been decided. Secondary motions are divided into three classes which relate to their use in Parliamentary procedures: subsidiary motions, privileged motions, and incidental motions.
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Subsidiary Motions. Subsidiary motions relate directly to the motion on the floor. They may change the words, send it to a committee, delay it, or others. They are made to expedite business by disposing of the pending motion, other than by adopting or rejecting it. These subsidiary motions cannot stand alone, and must be decided before the assembly can act on the main motion.
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Subsidiary motions have rank among each other. They are arranged in such a way in which they must be considered and acted upon, some have higher precedence than the other. The purpose is to avoid confusion when they are applied to main motions. A motion of higher rank can be made at the time a motion of lower rank is on the floor or pending, and never the other way around.
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There is often a misconception that a group cannot have two motions on the floor at the same time. More than one motion can be on the floor at the same time but both should answer to one common question. All motions should also be related to the main motion on the floor, and no new business may be introduced.
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Ranking of Subsidiary motions (from highest to lowest)
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Lay on the table: If members wish to set aside a motion without establishing a time for the debate to resume, they can use this motion. It must be seconded and requires a majority vote.
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Previous question: This is the motion used to cut-off debate and bring the group to immediately vote on a pending motion. It can be applied to any pending question, but is out of order when another member has the floor. It must be seconded, is not debatable, and requires a two-thirds vote.
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Limit or Extend debate: Limit debate is the motion by which a group or a person can exercise special control over the debate. It can be used with any debatable motion, must be seconded, cannot interrupt a speaker, is not debatable, and requires a two-thirds vote. The proposed length of time to limit or extended may be amended.
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Postpone to a Specific Time: Postpone is to delay the action until a late time of the meeting or until the next. It can be applied to all main motions, must be seconded, may not interrupt a speaker, can be objected and is debatable.
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Commit or Refer: This sends the question on the floor to a small number of people so that it can be carefully studied and put into proper form for the group to consider. It should give specific instructions as to where the question goes and which committee of what size and composition should the resolution be referred to. All amendments prior to committing must be presented to the committee. It must be seconded and can be debated. The debate must go into the desirability of committing only.
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Amend: Amend is the most frequently used and most important motion that one will use. To amend is to change wordings of a motion to make it more complete or more acceptable before the resolution is voted upon. Amendments are debatable, may still be amended, may be objected, and has to be seconded. Adopting the amendment does not mean the approval approval of the resolution resolution at hand. There are three kinds of amendments: Friendly amendment slight corrections that do not substantially change the motion. Primary amendment must must be relevant to the motion to which it is applied, and may also be amended further. Secondary amendments seeks to alter a primary amendment, and may no longer entertain further amendments.
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Incidental Motions . Incidental motions relate to procedure and not directly to the question on the floor. They are incidental to main motions, brought about by chance in the process of the meeting. When an incidental motion is made, it must be acted upon before any other business can continue, since incidental motions take precedence over all other motions except privileged ones. These motions
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cannot be amended. There is no order or strict hierarchy among incidental motions. They take precedence depending on how incidental they are. Appeal: This is to challenge challenge the Chief ruling on a specific issue. It forces the Chief Legislator to submit the matter to a vote by the membership.
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Consideration by Paragraph: This motion separates a long document or motion into different parts so that each part can be debated on independently of the others.
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an unofficial vote on the question at hand.
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Division of the Question: This motion separates a motion into different parts so that each part can be voted on independently of the others.
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Objection: This enables members to avoid discussing motions that are off the topic or likely to disrupt the meeting. This is to express objection to the consideration of the question, and not to start or cut off debate. Point of Order: This is an objection raised against any proceeding or motion that the member decides is a violation of the rules.
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Point of Information: This is a request for an immediate answer to a question concerning the background or content of a motion or a resolution.
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Parliamentary Inquiry: This is a request for an immediate answer to a question concerning parliamentary law.
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Suspending the Rules: This motion is used when the assembly wishes to discuss an issue in a way that violates the standing rules or order, in a non-formal manner for example.
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Privileged Motions. Privileged motions are not necessarily related to the business on the floor, but they are important because it ensures the rights of the organization, as well as of the individual. They are of such importance that they may interrupt business. They are not debatable.
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Rank of Privileged Motions (from highest to lowest): Adjourn: Adjourn: To close the meeting. All unfinished unfinished business will be deferred to the next meeting. It must be seconded, is out of order when another member has the floor, requires a majority vote, may not be amended and reconsidered.
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Recess: This proposes a short intermission in the meeting. This motion is reserved for occasions of special meetings, which would take more than the usual session time. It must be seconded, may be amended, and requires a majority vote.
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Point of Privilege: This relates to the rights of the organization and any of its members. It enables members to interrupt business and state an urgent request. It is in order when the comfort, dignity, safety or reputation of any individual member is at stake. The Chief Legislator shall rule as to whether the privilege is important enough to interrupt business. A member may not make a speech out of privilege. If this motion is made when no business is pending, it may be amended or debated upon. The speaker who was interrupted regains the floor after the question of privilege is settled.
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Call for the Orders of the Day: If the agenda is not being followed, or a specific motion supposed to be debated at a certain time has not been take up. The motion does not require a second, and cannot be amended, debated, or reconsidered. It can be made when someone else has the floor.
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DETAILED DISCUSSION OF MOTIONS
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Motion to Amend 1. If the amendment is simple and accepted by every member, it can be adopted by general or unanimous consent. In this way, it does not have to go through the formal process of being amended. 2. If a motion is complex and not accepted by the majority of members, amending it may simply confuse the issue and take up too much time. In such cases, it is usually better to vote the motion down and then to propose a more precise and acceptable amendment in its place. 3. Once a motion has been made, seconded and repeated by the Chief Legislator, a member does not need the permission of the mover to amend it. The motion has become the property of the assembly. 4. To be valid, an amendment must pertain to the motion and the specific change the member desires in its wording and meaning. An amendment that is not relevant should not be considered by the assembly. example, the word good may be changed to not good instead of bad. 6. A motion to amend is itself amendable (see three types of amendments). 7. The motion is debatable; however the debate must be confined to the amendment itself and cannot touch on the main motion to which it has been applied. 8. The motion to amend can be debated when the motion to which it applies can be debated. 9. There is no limit to the number of motions to amend that can be applied to any main motion overall. However, no more than two motions to amend can be pending on a main motion at a time. Rules of Order, there is no restriction that the wherefore clauses need to be amended first before the whereas clauses. 11. The motion to amend can be reconsidered. The motion is out of order when someone else has the floor.
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Motion to Commit or Refer 1. The motion must include all relevant information to be effective, such as, the name of the committee, size of the committee, how the committee will be formed, and any other special instructions. 2. The motion requires a second, can be amended, debated and reconsidered. It is out of order when another person has the floor. It requires a majority vote to pass.
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Motion to Lay on the Table 1. The motion does not establish a time for the debate to resume; rather, it enables members to resume the discussion at any point during the meeting. 2. The motion can only be applied to main motions. 3. A motion can be tabled more than once, but only if another emergency arises or the issues have been well debated between postponements. 4. While a motion is tabled, no member can make a motion that is substantially the same. Further, no member can make a motion that would conflict the tabled motion. 5. Any subsidiary motion adhering to the tabled motion are postponed along with it. When the discussion resumes, the same motions are in effect. To resume discussion, the motion must be taken from the table by a majority vote. 6. The motion requires a second and is out of order when another has the floor. It cannot be amended, debated or reconsidered. No subsidiary motion can be applied to it and requires a majority vote to pass. 7. For the DLSU-USG Legislative Assembly, all motions that remain laid on the table at the end of each LA session remains laid on the table until it is once again included in the agenda.
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Motion to Limit or Extend Debate 1. The length of the debate is arbitrarily determined by the maker of the motion and the assembly. 2. The motion can only reduce or extend debate, not cut it off completely. To cut off debate, the motion to call for the Previous Question should be used. 3. This motion is applicable to all main motions and to all debatable motions. 4. The motion requires a second and can be amended and reconsidered. It cannot be debated and is out of order when another has the floor. It requires a two-thirds vote to pass.
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Motion to Postpone to a Certain Time 1. This is commonly used when: a. Members need more time to think about a motion but the debate has gone too long already. b. Members realize that there are pressing reasons to put the debate off until a later time. c. It is late and people are growing weary. In such cases, the motion may not receive a fair and sound discussion unless it is postponed until the people are rested.
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2. The motion must set a specific time for the debate on the issue to resume. Although the motion can be postponed postponed more than once, it should not be postponed past the next meeting or past the current session. 3. When a main motion is postponed, it takes with it any subsidiary motions that are attached to it as well. The entire package main main and subsidiary motions is is therefore postponed. When the motion is taken up again, all subsidiary motions except the Motion to Limit/ Extend Debate are in effect again as well. ore ore the motion was postponed may still speak when the debate on the motion resumes. 5. If there is more than one postponed item to be discussed, each item should be considered in the order in which it was originally postponed. If time runs out before all postponed items can be reconsidered, they all automatically become part of the next regular meeting. 6. The motion requires a second and can be amended, debated, and reconsidered. It is out of order when another member has the floor. It requires a majority vote to pass.
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Motion for the Previous Question 1. The motion can be used with any motion that is on the floor. 2. When the motion is applied to a group of motions on the floor, the motions are voted on in reverse order, from the last to the first moved. The voting continues down the list unless a motion to Commit or Postpone is passed. In that instance, the voting is over and the motion is disposed according to the motion that carried. 3. The motion can be reconsidered before the voting on any of the motions that affect the order has begun. 4. If the motion to move the Previous Question carries, the Chief Legislator immediately takes a vote on the motion on the floor. 5. The motion requires a second. It cannot be amended or debated. It also requires a two-thirds vote to pass.
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Motion to Appeal the Chief Legislator 1. An appeal must be made directly after the ruling. It cannot be made after other business has transpired. 2. The motion requires a second. It is in order when another has the floor, but it cannot be amended. The motion can be debated and reconsidered. 3. After the Chief Legislator states the issue under dispute and explains the reasons for his ruling, the appeal is then decided by a vote. The Chief Legislator needs a majority vote to carry the decision.
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Motion to Consider by Paragraph 1. The motion differs from Division of a Question in one crucial way: here, the document cannot be clearly divided into separate motions. 2. Separating the long document or motion into individual parts renews a debate, per debate. 3. Any member, including the Chief Legislator can make this motion.
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4. Members do not vote until the entire document has been reviewed. There is only one vote, on the entire document, and not on each section. 5. The motion requires a second and a majority vote to pass. It can be amended but not debated or reconsidered.
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Motion to Divide the Assembly/House rder, this motion may be used to see an unofficial decision to the pending question. 2. The unofficial vote is taken by having members stand up to ensure an accurate count. The votes do not have to be counted, however. If a member wishes a count be taken, he or she has to make a motion. The motion to count the votes requires a majority vote. 3. Any member can demand a division of the assembly. It needs to be seconded, and cannot be debated, amended or reconsidered. A member has to be recognized first before calling for a division.
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Motion to Divide the Question 1. The member making the motion must describe how the question is going to be separated. 2. If someone at the meeting does not agree with the division, he or she can move an amendment to suggest an alternative division. 3. Each part of the motion to be divided must be capable of standing on its own. The division must not require any rewriting of the motion. If a motion cannot logically be separated into parts, this motion to divide the question cannot be used. 4. When a motion is divided, some parts may be approved, and some parts may be defeated, since these parts stand alone. 5. The motion to divide a question can be made at any time during the debate. 6. The motion needs a second and can be amended. It is not in order when another has the floor. It cannot be debated or reconsidered, and requires a majority vote to pass.
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Objection 1. After a motion has been introduced, any member can raise an objection to the CONSIDERATION of the question because it is off topic or the motion is irrelevant. Objections are raised against the act of making the motion, and not to start a debate on what the motion is trying to call for. 2. The motion must be made before the debate has begun, and is in order when another has the floor. 3. After a member has expressed his objection, the member will state his reasons concisely. The mover shall be asked if he wishes to push through or to withdraw his motion. If he wishes to push through, a vote will be taken by the Chief Legislator if the question is to be discussed. The objection needs a majority vote to be accepted or defeated.
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Point of Order 1. The motion must be made at the time of the suspected infraction. The motion cannot be made at any other time, even if the infraction is serious. 2. If the error continues for motion after motion and results in actions that violate and mention previous instances of the same problem. 3. While it is important to enforce the rules of parliamentary law, members should not raise points of order when the infraction is very minor. This serves only to slow down the meeting and create ill will. 4. If it is not clear whether the rules have been broken or not, it is better to make a Parliamentary Inquiry rather than rise to a point of order. 5. The ruling must be made by the Chief Legislator. If desired, the Chief Legislator may speak briefly with members well-versed in parliamentary law, but the Chief Legislator must be the one to approach the members. 6. The motion does not need a second, is not debatable, amendable, and cannot be reconsidered. It is in order when another motion is pending and may interrupt another speaker.
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Motion to Suspend the Rules 1. The motion does not have to list the specific rule, but it does have to provide a reason for suspending the rules. 2. If the motion achieves passage by a two-thirds vote, the assembly can discuss the new motion or business at once. 3. If the motion does not pass, it cannot be made again during the same meeting for the same purpose or reason, unless all members agree. It can be made again during the next meeting. 4. The motion requires a second, and cannot be debated, amended, reconsidered, or made while another motion is being debated.
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Motion to Adjourn 1. The motion can be made in the middle of a debate. It cannot be made, however, in the middle of a vote. 2. The Chief Legislator must announce that the meeting is adjourned. Until that time, the meeting is still officially in session, even if the vote has been tallied to adjourn. 3. The motion is out of order when another has the floor, and it requires a second. It cannot be debated, amended, amended, or reconsidered. The motion must have a majority vote to pass.
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Point of Privilege 1. To raise a question of privilege means that a member obtains the floor while business is in progress to make an urgent request. The Chief Legislator must then rule on the request. 2. The motion is also applicable if the rights of the assembly are in danger of being transgressed.
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3. If the situation cannot be resolved informally or simply, the Chief Legislator must then rule whether the matter is a question of privilege and should be considered before business can be resumed. When business is once again taken up, it recommences at the point where it was interrupted. 4. The motion can be made even when someone is speaking, but only if the matter is urgent. It cannot interrupt a vote. The motion does not require a second and cannot be amended, debated or reconsidered. No vote is taken, as the Chief Legislator rules on the motion.
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Recess 1. The motion to recess is especially useful when it is necessary to take a short - A recess is also helpful helpful during during an election election when when the tellers tellers are busy busy counting counting the ballots. 2. After a recess, business is taken up exactly where it was left off. 3. If the agenda specifies a recess, there is no need to make a motion for one. In these instances, the Chief Legislator needs only to declare the recess when it is reached on the agenda. It takes a two-thirds vote to postpone a scheduled recess. 4. For the DLSU-USG LA, the mover must indicate how long he intends the recess to be. 5. The motion requires a second, and it cannot be debated or reconsidered. It can be amended and requires majority vote to pass.
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MOTIONS IN REVIEW
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Order of Precedence Highest Rank Privileged Motions (in the ff. order) Adjourn Adjourn Recess Point of Privilege Call for the Orders of the Day
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Incidental Motions (in any order) Appeal Consideration by Paragraph Division of the Assembly Division of the Question Objection Point of Order Parliamentary Inquiry Point of Information Suspend the Rules
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Subsidiary Motions (in the ff. order) Lay on the Table
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Previous Question Limit or Extend Debate Postpone to a Certain Time Commit or Refer Amend Lowest Rank Main Motions
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Additional Notes: 1. In order of precedence 2. Must be enforced on the demand of the member unless set-aside by a twothirds vote 3. Only an affirmative vote may be reconsidered 4. The motion to reconsider is debatable only if the motion to be reconsidered is itself debatable. 5. Requires either a simple majority (with prior notice), or a two-third vote, or a majority of the entire membership. ;
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Wherefore, be it further resolved that the Executive Secretary for AY 2010-2011 incorporate the aforementioned amendments, upon its approval, into the LA Manual AY 2010-2011;
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Wherefore, be it finally resolved that the following amendments be approved.
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Adopted, Novembe Novemberr 27, 2009
