Description
THE CONSTITUTION AND BY-LAWS OF BARKADA KONTRA DROGA PLUS IN ELEMENTARY AND SECONDARY SCHOOLS PREAMBLE We, the members of the Barkada Kontra Droga Plus of [name of the school], imploring the aid of Almighty God in: promoting the health and welfare of learners and stakeholders; recognizing that drugs and other addictions will undermine the strength and resilience of individuals and families across all social, economic and cultural boundaries, conscious of how addiction erodes the fabric of communities from inside and out, considering often the most vulnerable of citizens (children and youth) being the first fall prey or become victim to the use of addictive and gateway drugs, and other addictions remain unaddressed over time, which breeds corruption, crime, addiction, hopelessness, death; and acknowledging BKD+ as collective action among learners that would strengthen camaraderie, collaboration, solidarity, linkages, and people empowerment in common commitment to attain a drug and addiction- free school environment. Article I General Provisions Section 1
This Constitution and By-Laws shall be known as the Constitution and By-Laws of the Barkada Kontra Droga Plus of [name of school, complete address].
Section 2
The Barkada Kontra Droga Plus is the jurisdiction of learners, designed as a drug abuse prevention education, intervention and information program to counter the dangers and disastrous effects of drug abuse and other substance addiction pursuant to this Constitution and By-Laws and participate in all related programs, projects, and activities implemented. Article II Definition of Terms and Naming Convention
Section 1
The following terms and acronyms used throughout this Constitution and By-Laws of Barkada Kontra Droga Plus are defined in the following: 1.1
1.2
Barkada (Peers) shall refer to a group of children or youth who serves as a model to young people to live their lives in a productive and healthy way away from the dangerous effects of drugs. Bona fide is a learner enrolled in Elementary or Secondary Schools.
1.3
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1.7
1.8
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1.10
1.11
1.12
1.13 1.14
1.18
Child shall refer to every human being below the age of 18 years under the law applicable to the child in accordance with the Article 1 of United Nations Convention on the Right of a Child. The Division Youth Formation Coordinator shall refer to the designated Project Development Officer handling the BKD+ Program, stationed in the Schools Division Office. Droga (Drugs) shall refer to any regulated or prohibited chemical substance which when administered, introduced, or ingested into the body through swallowing, inhaling, or injecting will cause physiological or bodily effects that may affect one's physical, mental and emotional state. Full-fledge refers to members who undergo a pledge of commitment to live a drug-free lifestyle who are currently enrolled in [name of school]. Integrated Schools shall refer to a school that offers complete basic education from Kindergarten to Grade 10 or Kindergarten to Grade 12. National Drug Education Program (NDEP) refers to DepEd comprehensive educational program which provides for a holistic approach to the problem of drug abuse. Official Documents shall refer to the relevant documents duly signed and released by the BKD+, e.g., financial reports, resolutions, minutes of the meeting, official statement, activity reports and all other necessary significant documents. Partnership shall refer to the linkage or relationship established by BKD+ Chapter with other organizations to implement its PPAs and may be formalized through a Memorandum of Agreement, Memorandum of Understanding, and other forms of agreement such as Deed of Donation and Deed of Acceptance. Philippine Legal Codes, for the purpose of this policy, this refers to all legal codes, laws issued by the Philippine Governments, ordinances and Executive Orders from National down to Local. Plus (in the BKD Plus) shall refer to the gateway drugs which are accessible habit-forming substances, such as alcohol, tobacco/nicotine, when being used is thought to lead or precede the use of more harmful and severe drugs. PPA (Program, Project, and Activity) shall refer to mandated, recommended, and initiated programs, projects, and activities. Proposal shall refer to a written document prepared for a specific PPAs of the BKD+, including training, income generating projects, and fundraising activities. Regular Permanent Teacher refers to the permanent position title of teacher per plantilla.
1.19
1.20 1.21 1.22 1.23
1.24 1.25
Stand-Alone Senior High Schools, for the purpose of this policy, shall refer to a school situated in a new site separate from the Junior High School or Integrated School (IS) and has its own School Head. Operationally, it shall refer to Secondary schools catering Grade 11-12 programs with distinct school ID and operations. The Supreme Pupil Government (SPG) refers to the highest student governing body for Elementary. The Supreme Student Government (SSG) refers to the highest student governing body for Secondary. Term is the length of time an individual holds a position. Welfare shall refer to the services planned, designed, implemented, or provided by the school to its learners to ensure a safe, motivating, encouraging, and welcoming learning environment. YFD shall refer to the Youth Formation Division of the Department of Education. Youth Commission on Elections and Appointments, herein referred to as the Youth COMEA, shall solely manage the elections. Enforce all rules and regulations relative to the Elections and to help administer all proceedings and regulations relative to the conduct of any other matter that requires suffrage. Article III Name and Domicile
Section 1
The name shall be known as Barkada Kontra Droga Plus of [name of school], which shall hereinafter be referred to as BKD+ - [full name of the school] Chapter.
Section 2
The Office of the BKD+ shall be exercised in the school's jurisdiction and shall be located inside the premises of the school.
Section 3
The BKD+ Chapter of Integrated Schools, Junior and Senior High Schools, Stand Alone Senior High Schools, shall be a separate entity from each other. Article IV Declaration of Principles, Objectives, and Policies
Section 1
General Objective: To promote learner empowerment in leading a healthy lifestyle that is drug free and productive.
Section 2
The BKD+ shall have the following specific objectives: 2.1
2.2
2.3 2.4 2.5 2.6 2.7
To adhere and abide to the standard rules and guidelines of the highest student governing body in the school, the Supreme Pupil Government / Supreme Student Government; To spearhead in the conduct of the school-wide implementation of drug prevention activities to counter the dangers and disastrous effects of drug abuse and various forms of substance addiction; To act as the catalyst in advocating healthy and drug-free lifestyles through involvement in various wholesome activities; To train learners in advocating a healthy and productive drug-free lifestyle; To create a fully drug-free environment in the home, school, and community; To encourage productive use of time and alternative activities; and To provide support services towards the adoption of BKD+ ideals who serve as models to young people in a fruitful and healthy way away from substance addiction. Article V Membership
Section 1
All bona fide learners (Grades 4 to 6 for Elementary Level and Grades 7 to 12 for Secondary Level) with specific interest to contribute to a drugfree environment, actions and movements are eligible to be members of the BKD+ Chapter.
Section 2
Interested Grade 4 to 12 learners shall submit a duly filled up membership form to the BKD+ Adviser.
Section 3
Members shall uphold the BKD+ Constitution and By-Laws by signing a pledge of commitment and taking oath to have a drug-free life. Article VI Functions of BKD+
Section 1
The BKD+ shall have the following functions and responsibilities: 1.1
To support the enforcement of the Philippine Legal Codes on drugs and other forms of addiction, DepEd issuances on advocating antidrug and addiction programs, and the provisions of the Constitution and By-Laws of the BKD+;
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1.5 1.6
1.7 1.8
1.9
To uphold and to promote the ideals, principles, thrusts, and objectives of the BKD+, SPG/SSG, NDEP of the School, and the Department of Education; To spearhead on the advocacy on promotion, prevention and information dissemination on substance abuse and any form of addiction; To serve as a representative in the SPG/SSG Coordinating Council in advocating relative to substance abuse and any form of addiction; To craft and implement the annual BKD+ Action Plan; To establish and sustain internal and external partnerships having the same advocacy as BKD+ following and observing the guidelines on establishment of partnership; To coordinate with the Youth COMEA every election period; To turn over financial assets, documents, properties, and other responsibilities to the incoming BKD+ Officers at least two (2) weeks before the end of their term; and To submit an annual accomplishment and financial reports as required. Article VII Composition and Term of Office
Section 1
The Officers of the BKD+ are the duly elected/appointed President, Vice President, Secretary, Treasurer, Auditor, Public Information Officer, and Protocol Officer.
Section 2
The officers of the BKD+ shall hold office for a period one (1) school year.
Section 3
Oath Taking Ceremonies of the elected BKD+ Officers to be held after the approval of the School Head as endorsed by the Youth COMEA. Article VIII Duties and Responsibilities of BKD+ Officers and Members
Section 1
The President shall be the chief executive officer of the BKD+ Chapter. He/She shall have the following duties: 1.1 1.2
Facilitates, through his/her leadership and good governance, the efficient and effective overall operations of the BKD+; Represents the BKD+ members on official function or in any youth-related activities on or off the campus;
1.3 1.4 1.5 1.6 1.7 1.8 1.9 Section 2
The Vice-President shall have the following duties: 2.1 2.2 2. 3
Section 3
Assist the President in all matters where his/her assistance is necessary; Assume the Office of the President should the position become vacant; and Supervise members in planning and arranging meetings, or programs of activities.
The Secretary shall have the following duties: 3.1 3.2
3.3 3.4
Section 4
Calls and presides all meetings and/or may designate another officer to preside for a specific meeting; Serves as permanent member of the SPG/SSG Coordinating Council; Enforces this Constitution and By-Laws, and other rules and policies that may be promulgated; Signs all the official minutes, project proposals, resolutions, correspondences, and other official documents of the BKD+; Represents the BKD+ or designate his/her representative for any external or internal affairs/functions as deemed necessary; Leads in the implementation of the BKD+ Action Plan; and Performs other functions inherent and incidental to his/her office.
Keep accurate records of the minutes and document proceedings in every meeting; Prepare and provide documentations and reports for every implemented and initiated PPA to be submitted to the School Head; Prepare all notices of BKD+ meetings; and Perform other duties assigned by the majority of the BKD+ officers.
The Treasurer shall have the following duties: 4.1
4.2 4.3
Prepare financial reports of the BKD+ every after activity and collect, keep, and update record book of all receipts and expenditures for transparency and accountability which shall be open for inspection to any member of the organization; Serve as the disbursing officer of all the BKD+ funds; and Perform other duties assigned by the majority of the BKD+ officers.
Section 5
The Auditor shall have the following duties: 5.1 5.2 5.3 5.4
Section 6
The Public Information Officer (PIO) shall have the following duties: 6.1 6.2 6.3 6.4
Section 7
Disseminate and promote the thrusts and objectives of the BKD+ in internal and external affairs; Spearhead in the promotion of BKD+ PPAs and its advocacies; Publish activities, accomplishment reports, and updates through the BKD+ Bulletin Board, Press Releases and Social Media; and Perform other duties assigned by the majority of the BKD+ officers.
The Protocol Officer shall have the following duties: 7.1 7.2 7.3
Section 8
Verify the legitimacy of the disbursement of BKD+ funds and certify the correctness of the financial reports; Audit and submit reports of all expenditures of BKD+ funds; Assist the Treasurer in preparing financial reports; and Perform other duties assigned by the majority of the BKD+ officers.
Assist the presiding officer in enforcing proper decorum during the meetings; Assist in maintaining peace and order within the premises of the school, if necessary; and Perform other duties assigned by the majority of the BKD+ officers.
The Members shall have the following duties: 8.1 8.2 8.3 8.4
Adhere to the rules and regulations of the BKD+ Constitution and By-Laws; Participate in all BKD+ PPAs; Commit in promoting the BKD+ advocacies; and Perform other duties assigned by the majority of the BKD+ officers. Article IX BKD+ Adviser
Section 1
The School Head shall designate a qualified teacher as the BKD+ Adviser, and Co-adviser if necessary.
Section 2
The validity of the designation shall cover one (1) school year and the reappointment is subject to the discretion of the school head.
Section 3
The BKD+ Adviser must have the following qualifications: 3.1 3.2 3.3 3.4 3.5
Section 4
must be a bonafide regular permanent teacher; willing to undergo training in drug abuse and addiction prevention education; good character and reputation in the school and community; competent, able, and willing to work with the members from planning to implementation of PPAs; and Having no other youth formation related advisership.
The BKD+ adviser shall have the following duties and responsibilities: 4.1 4.2 4.3 4.4 4.5
4.6 4.7
4.8 4.9 4.10
Monitor all programs, projects, activities, and meetings of the BKD+ at all times; Act as the BKD+ mentor in good governance and leadership; Oversee all the BKD+ internal and external processes and leadership practices; Ensure the academic excellence, as well as the holistic welfare and development of the BKD+ officers and members; Conduct consultations with BKD+ officers and members to gather feedback on the efficiency and effectiveness of their performance as an officer and/or the overall performance of the BKD+; Propose recommendations for improvement based on the information gathered from the consultations; Actively participate and coordinate with the Division Youth Formation Coordinators through the School Head in the implementation and management of BKD+ -related activities in all levels of governance; Facilitate the crafting of the Annual BKD+ Action Plan for the approval of the School Head; Submit quarterly reports and other pertinent documents to the School Head and to the Division Office as required; and The Advisership in the BKD+ shall be equivalent to one (1) teaching load pursuant to Republic Act No. 4670 and other relevant DepEd issuances. Article X Elections and Appointments
Section 1
The Youth Commission on Elections and Appointments, herein referred to as the Youth COMEA, shall solely manage the elections and appointments. Enforce all rules and regulations relative to the Elections and Appointments and to help administer all proceedings and regulations relative to the conduct of any other matter that requires suffrage.
Section 2
The Election and Appointment of the BKD+ shall be subjected to implementing rules and regulations of the Youth COMEA. Article XI Federations of the BKD+
Section 1
The District Federation of BKD+ Elementary and Secondary is composed of all School Presidents of BKD+ (Optional).
Section 2
The Division Federation of BKD+ is composed of all School/District Presidents of BKD+.
Section 3
The Regional Federation of BKD+ is composed of all Division Presidents of BKD+.
Section 4
The National Federation of BKD+ is composed of all Regional Presidents of BKD+. Article XII Meeting and Quorum
Section 1
The BKD+ shall conduct regular monthly meetings or as agreed upon by the officers of the BKD+.
Section 2
Majority of the officers of the BKD+ (50%+1) shall constitute a quorum.
Section 3
Each member of the BKD+ is entitled to only one vote.
Section 4
If the votes end in a draw, the BKD+ President or the Acting Chair of the meeting shall cast the vote to break the tie.
Section 5
No proxy shall be allowed when voting. Article XIII Finance
Section 1
The BKD+ shall be part of the 2% allocation from the school's MOOE for the Student Government Program in consonance with the signed Action Plan to support its operations, subject to usual accounting and auditing rules and regulations.
Section 2
The following are the guidelines for handling external sources of funds: 2.1
2.2
A monthly report on the receipts and/or other source of funds made duly signed by the Treasurer and the President and noted by the BKD+ Adviser and approved by the School Head shall be posted on the BKD+ Bulletin Board. The BKD+ shall maintain safekeeping measures of all funds received in coordination with the School Head and designated Disbursing Officer.
2.3
The BKD+ may accept donations from any member or any public or private person or institution, as long as it will not affect or compromise the integrity of the BKD+, provided that all donations received shall be in accordance with the existing policies, rules, and regulations in accepting, recording, and reporting donations. Copies of such shall be submitted to the School Head.
2.4
The BKD+ may undertake income generating projects and fundraising activities to subsidize its projects and activities if it will not affect or compromise the integrity of the BKD+, provided that the BKD+ must submit and seek approval of their project proposal to the SGOD thru the School Head, to be reviewed by the Division Youth Formation Coordinators and approved by the Schools Division Superintendent prior to its implementation.
Section 3
The BKD+ shall enjoy the freedom to determine its priorities in the disbursement of its funds, provided that it shall be actually, directly, and exclusively used to support and/or finance the BKD+ programs, projects, and activities aligned with the school’s priority PPAs’.
Section 4
No officers of the BKD+ as well as the BKD+ Adviser shall have the power to make any bill, payable note or any negotiable instrument or endorse the same in the name of BKD+, or contract or cause to be contracted any debt or liability in the name or on behalf of the BKD+.
Section 5
All disbursement shall be made in accordance with the programs, projects, and activities of the BKD+ embodied in the BKD+ Action Plan endorsed by the BKD+ Adviser and duly approved by the School Head.
Section 6
The BKD+ President and the Treasurer shall be the signatory of all fund disbursements of the BKD+. All fund disbursements must be accompanied with a BKD+ resolution duly noted by the BKD+ Adviser and approved by the School Head. All expenses must be supported by official and/or acknowledgement receipts. The School Head shall be provided a copy of all the resolutions relative to the disbursements made.
Section 7
The BKD+, through the Treasurer and the Auditor, shall promulgate financial guidelines for proper financial management.
Section 8
At the end of every activity, the BKD+ shall liquidate expenses before another disbursement. Without this, succeeding disbursements shall not be authorized. Funds of the BKD+ shall be audited at the end of the term of the BKD+ and at the end of every activity.
Section 9
Financial statements shall be posted in the BKD+ Bulletin Board every month, printed in every issue of the School Paper and, the School Head must be furnished with a copy.
Section 10
The BKD+ shall submit a bi-annual financial report to the School Head. Article XIV Transparency and Accountability
Section 1
Every BKD+ officer shall uphold the best interest of the organization at all times, act in accordance with existing laws, regulations, policies, guidelines, and of this Constitution. They shall serve as role models for the learners, and in promoting people empowerment in leading a healthy lifestyle that is drug-free.
Section 2
For the purpose of accountability and transparency of all organizational planning, operations, implementations, and review of the BKD+, the following shall be observed at all times: 2.1 2.2 2.3 2.4
Prepare a BKD+ Action Plan collectively conformed by each Officer of the BKD+ through a resolution; Conduct meetings and committee deliberations with the consensus of a majority of the BKD+ Officers; Conduct PPAs duly approved by the School Head for the school year; Deliberate on matters involving recognitions, appreciations, and special citation for internal or external parties that contributed to
2.5 2.6
the success of the implementation of the BKD+ PPAs, provided that such deliberations have been graced by the majority; Prepare, document, process, file and record all financial transactions of the BKD+, as required by this Constitution; and Install a transparency board for the BKD+ for the purposes of information dissemination (Posting of notices, Action Plan, PPAs, resolutions, duly approved accomplishment and financial reports, BKD+ related DepEd issuances and other relevant announcements and information). Article XV Removal from Office, Resignation and Vacancies
Section 1
Any officer of the BKD+ may be removed from office on the following grounds after due process: 1.1 1.2 1.3 1.4
Section 2
Culpable Violations of Constitution and By-Laws Gross misconduct, violation to person in authority, negligence, disloyalty to the cause of the BKD+ and the school; Non-attendance in both regular and special meetings for three (3) times without valid cause; and Abuse or misuse of power and authority.
The following procedures shall be observed in the removal from office of a BKD+ Officer: 2.1. 2.2
2.3
2.4
A formal written complaint shall be filed to the Office of the School Head; The Office of the School Head through the BKD+ Adviser shall inform the concerned BKD+ Officer within three (3) school days upon receipt of the written complaint; and require the latter to respond in writing within fifteen (15) school days after the receipt of the complaint. Failure on the part of the concerned BKD+ Officer to answer the complaint shall mean submitting himself/ herself to formal investigation; Upon receipt of the written response of the concerned BKD+ Officer, the Office of the School Head shall conduct a formal investigation and deliberation within ten (10) school days to determine the strength and/or gravity of the complaint; and The Office of the School Head shall prepare a report of its findings, and copy furnish the BKD+ Adviser and the concerned BKD+ Officer a day after the conclusion of the formal investigation and deliberation.
Section 3
Any BKD+ Officer may file a resignation letter addressed to the Office of the School Head.
Section 4
The School Head shall have the discretion to approve or disapprove, on the grounds of its validity, the resignation of the BKD+ Officer within five (5) school days upon receipt of the letter.
Section 5
Resignation of any BKD+ Officer shall take effect five (5) school days after the approval of the Office of the School Head.
Section 6
In the event of vacancy of the position/s of the BKD+ Vice-President, Secretary, Treasurer, Auditor, Public Information Officer, and Protocol Officer, a special election or appointment shall be conducted within ten (10) school days upon the request of the BKD+ Adviser to the Youth COMEA. Article XVI Ratification of the Constitution
Section 1
This Constitution and By-Laws may be amended or modified in full or in part once every three (3) years or as deemed necessary from its official issuance through a DepEd Order.
Section 2
The Youth Formation Division (YFD) of the Department of Education shall be the sole office to recommend the amendment or modification in full or in part of this Constitution and By-Laws to the Secretary of the Department of Education. The YFD shall call for proposed amendments with attached duly signed resolutions from the National Federation of BKD+.
Section 3
The YFD through its Technical Working Group, composed for the purpose, and shall assess the proposed amendments received for possible inclusion to the Draft Revised Constitution and By-Laws.
Section 4
Final Draft of the Revised Constitution and By-Laws formulated by the YFD shall be concurred by at least two-thirds (2/3) of all Division Federation of BKD+ nationwide through a duly signed Resolution from their respective Divisions. Article XVII Separability Clause
If part of this Constitution and By-Laws of BKD+ is invalid, all parts that are separable from the invalid part remain in effect. On the other hand, if a certain part, and if one part is held unconstitutional or invalid, all other parts are valid. Article XVIII Repealing Clause Any provision or part of this Constitution and By-Laws of BKD+ shall be found to be contrary or inconsistent with the Constitution and Laws of the Republic of the Philippines, as well as with established or legitimate implementing rules and guidelines and issuances caused or ordered to be formulated or issued by the same to the related offices of the Department of Education shall be deemed null and void. Article XIX Effectivity Amendments to this Constitution and By-Laws shall take effect immediately upon the issuance of a DepEd Order.
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