UNIVERSITY OF BATANGAS

CONSTITUTION AND BY-LAWS

College of Law Student Council

ARTICLE I

GENERAL PROVISION

Section 1: The name of the Student Organization shall be University of Batangas

College of Law Student Council.

Section 2: This Constitution shall govern all members of the University Of Batangas
College Of Student Council.

Section 3: The provisions of this Constitution shall be part of the policies, rules and
regulations of the College and shall be respected and enforced
accordingly.

Section 4: For purposes of this Constitution, unless context indicates otherwise:

a. Council refers to the University of Batangas College of Law Student
Council
b. College refers to the University Of Batangas College Of Law.
c. University refers to the University of Batangas.
d. Student refers to bona fide College of Law enrollees.

Section 5: The Council shall have its official logo.

ARTICLE II

DECLARATION OF PRINCIPLES AND OBJECTIVES

Section 1: The Council shall embody and uphold ideas, objectives and policies of the
College in providing quality legal education.

Section 2: The Council shall be an instrument to foster responsible studentry by

encouraging students to participate in the academic and non-academic
programs of the College and University.

Section 3: The Council shall promote integrity, honesty and professionalism among
the students.

Section 4: The Council commits to protect the right of the students to have a quality
education.

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Section 5: The Council shall strive to develop awareness and instill national
consciousness among the students.

ARTICLE III

MEMBERSHIP

Section 1 - The Law Council shall be composed of all bonafide students of University
of Batangas College of Law.

Section 2 - A compulsory membership fee of P400.00 shall be collected upon

enrollment every semester with a corresponding official receipt and is non
– refundable.

Section 3 - Membership shall be terminated automatically upon separation from the

College.

ARTICLE IV

ELECTION AND QUALIFICATION

Section 1: There shall be a regular annual election of officers of Council.

Section 2: All elective officers of the Council must:

a. be a bonafide student of the University Of Batangas College Of Law at
the time of election.

b. have at least one year residency in the College prior to the election
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c. has a good moral character.

d. have no two or more failing grades in the preceding semester at the

time of election.

Section 3: In case there is a sole candidate for a position, he shall earn at least one
vote to take position.

ARTICLE V

POWERS AND RESPONSIBILITIES OF THE COUNCIL

Section 1: Enforce its own internal and external regulations.

Section 2: Safeguard the rights and privileges of the student.

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Section 3: Represent the college in all affairs of the university which shall be
necessary for the social welfare of the students.
Section 4: Give general guidance and support to the students to prepare them to
became future Lawyers
Section 5: Perform other duties appropriate to its office and those mandated by the
Constitution.

ARTICLE VI

STUDENT’S BILL OF RIGHTS

Section 1: Every student shall have the right to:

a. Enjoy freedom of expression
b. Use the facilities and services provided by the University subject to the
rules and regulations applied thereof.
c. Have his transcript of records and documents speedily processed.
d. Invoke confidentiality of his school records.
e. Be informed in all the activities and projects of the Council.
f. Vote and cast his vote

Section 2: No student shall be subjected to disciplinary action,

suspension or expulsion without due process of law.

ARTICLE VII

DUTIES AND RESPONSIBILITIES OF THE STUDENTS

Section 1: It shall be the duty of every student to uphold this constitution, to abide
the rules and regulations set forth by the college.

Section 2: It shall be the duty of every student to cooperate with the Council and the
College in the attainment and preservation of a just and orderly
institution.

Section 3: It shall be the duty of every student to exercise his rights and
responsibilities with due consideration to the right of others.

Section 4: It shall be the duty of every student to pay all fees as required by the
Council or by the College.

ARTICLE VIII

RIGHTS AND PRIVILEGES OF MEMBERS

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Section 1 - The following shall be the rights and privileges of every member:

a. to enjoy freedom of expression and inquiry;

b. to have his/her grievances or complaint heard and speedily
addressed;
c. to exercise his / her right of suffrage;
d. to be informed of all undertakings and activities of the students and
the right to participate therein;
e. to propose resolutions and motions and to cast his / her votes.

ARTICLE IX

DUTIES AND OBLIGATION OF STUDENTS

Section 1 – It shall be the duty and obligation of every student to follow, obey, protect
and uphold the Constitution and By – Laws of the Law Council.

Section 2 - It shall be the duty of every student to attend and exercise his / her rights
and duties accordingly.

Section 3 - It shall be the duty of every student to attend and participate in all
activities conducted by the Council.

ARTICLE X

COMMON PROVISIONS

Section 1 - The term of office of the President, Vice – President (External / Internal),
Secretary, Treasurer, Auditor, PIO and Class Representatives shall
commence immediately after their induction which will be held on the
second (2nd) Monday of March and one (1) year there after, and will end
on the same date of their induction.

Section 2 - The quorum of the Council Officers to transact business shall be a simple
majority (i.e. 50 % + 1)

ARTICLE XI

THE LAW COUNCIL

A. COMPOSITION OF OFFICERS

Section 1 - The body shall be composed of the following officers elected at large.

a. President

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 b. Vice – President (External)

c. Vice – President (Internal)

d. Secretary

e. Treasurer

f. Auditor

g. Public Information Officer

Section 2 - Each class shall elect a CLASS REPRESENTATIVE who will form
part of the body.

Section 3 - Bar Operations HEAD – to be appointed by the President to supervise

and control the Bar Operations. The appointee may or may not be a
member of those mentioned in Section 1 & 2 of this Article.

B. GENERAL POWERS AND DUTIES

Section 1 - All powers and governance as entrusted by the students shall be vested
on the Council.

Section 2 - The Council shall be the sole legitimate representative of the students’
body to the school administration and other recognized entities on all
matters affecting the interest, welfare of the students.

Section 3 - It should pass resolutions, manifestos and position papers in matters that
help advance the cause of which the Council stands for.

Section 4 - The Council shall have the power to impose disciplinary action upon its
erring officers in accordance with the provisions on accountability and
removal.

Section 5 - It can conduct inquiries on any matters or issues affecting the students in
aid of sanction.

Section 6 - It shall endeavor to unite and consolidate each rank to advance collective
welfare and interest of students.

C. QUALIFICATIONS OF COUNCIL OFFICERS

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Section 1 - Every candidate of the Council must have at least one (1) year residency in
this college before the general election. However, the student who had
resided in the college for at least a year that had stopped for reason other
that transferring to other school, college or university and has re –
enrolled in the College at the time of election shall be considered qualified.

Section 2 - Any student shall be illegible to run for the office of the President and
Vice – President and Secretary provided that, at the time of election;

a. He is carrying an academic load at least seven (7) units,

b. He has no failing grades on the immediate proceeding

semester prior to the election,

c. At least one (1) year residence in this college.

D. DUTIES AND POWERS OF COUNCIL OFFICERS

Section 1 - President

a. He / she shall be elected at large;

b. He / she shall preside in all meetings and general assemblies;

c. He / she shall sign in any and all such payments, contracts, letters,
resolutions and other obligations in the name of Council;

d. He / she shall evaluate regularly the performances of his officers;

e. He / she shall keep members and officers of the organization fully

informed and consult freely with them or with the adviser of the
Council concerning the affairs and the activities;

f. He/ she shall automatically be the representative of the policy -

making body of the college;

g. He / she approve all disbursement of student funds;

h. He / she create special committees or assign additional task to the

Council Officers as the need arises;

i. He / she calls special or urgent meeting as the need arises;

j. He / she represent the body on any administrative transactions;

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 k. He / she perform such other functions called by his / her office.

Section 2 - Vice – President (External & Internal)

a. He / she shall be elected at large;

b. He / she assist the President whenever the need arises;

c. He / she assume the office of the President in case of incapacity,

resignation, impeachment or permanent vacancy of the latter;

d. He / she shall perform other duties assigned to him / her by the

President.

Section 3 - Secretary

a. He / she shall be elected at large;

b. He / she shall attend meetings and keeps journals of minutes of each

proceeding and records of the Council;

c. He / she attend all proclamation of the executive orders, resolutions

or motions signed by the President;

d. He / she shall send notice to the Officers three (3) days prior to the
meetings;

e. He / she shall prepare a weekly report for the Council President;

f. He / she shall forward to the Council President copies of the

approved resolutions within seventy two (72) hours after the approval;

g. He / she shall sign and counter sign the certificate of membership,

resolution or any documents of the Council;

h. He / she shall be responsible for all the necessary communication;

i. He / she shall make reports on all activities conducted by the

Council.

Section 4 - Treasurer

a. He / she shall be elected at large;

b. He / she shall be custodian of funds of the Council;

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 c. He / she shall collect fees, dues, and other financial obligations
accruing to the Council;

d. He / she shall record all expenditures of the Council;

e. He / she shall pay and deposit all funds collected and received in the
name of the Council;

f. He / she shall pay and deposit any financial obligations of the

Council when duly authorized by the President;

g. He / she shall report financial statement of Council funds duly signed

by the auditor;

h. He / she shall prepare financial documents and records available for

auditing purposes.

Section 5 - Auditor

a. He / she shall be elected at large;

b. He / she shall audit income and expenditure of the Council;

c. He / she shall suspend payments, vouchers or any transactions

discovered as irregular;

d. He / she shall conduct regular and surprise auditing of the book of

accounts of the treasurer;

e. He / she shall ensure that all funds of the Council are well – spent;

f. He / she shall keep inventory of all properties of the Council;

g. He / she shall perform other duties assigned to him / her by the

President.

Section 6 - Public Information Officer

a. He / she shall be elected at large;

b. He / she shall give all necessary information on the affairs and

activities conducted by the Council.

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 c. He/she shall also update the officers of certain issue (local or national)
that will be useful and beneficial to Council progress and
improvement.

d. He / she shall perform other duties assigned to him / her by the

President.

Section 7- CLASS REPRESENTATIVES

a. He / she shall be elected at large;

b. He / she shall represent his/her class to any meetings and affairs;

c. He/she shall encourage his/her class to participate to all the projects

or scheme the Council wish to pursue;

d. He / she shall perform other duties assigned to him / her by the

President.

Section 8- Bar Operations HEAD

a. He / she shall be appointed by the President;

b. He / she shall control and supervise all the transactions involving Bar
Operations ;

c. He / she shall create a Bar Ops Committees to bolster and fortify the
Team to better achieve a systematic and organize support group
especially for Bar Candidates;

d. He / she shall perform other duties assigned to him / her by the

President.

ARTICLE XII

SUSPENSION, EXPULSION AND IMPEACHMENT

Section 1 - Any Council Officer may be suspended or impeached from his / her
incumbency in any of the following acts.

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 a. Culpable violation of the By-laws and Constitution;

b. Dishonesty and disloyalty;

c. Abuse of authority;

d. Oppression in office;

e. Gross negligence of the duty;

f. Immorality;

g. Insubordination;

h. Betrayal of the Students’ trust;

i. Habitual absenteeism without valid reasons from the sessions or

meetings;

Section 2 - Any bonafide student may file a written complaint against any erring
Council Officer with the Office of the Dean and Vice-Dean. The complaint
must be signed by the complainant and copy of which shall be served to
the respondent(s) within three (3) days for the formal filing of the
complaint.

Section 3 - The Office shall conduct a preliminary investigation to determine strong

and credible evidence otherwise the same may dismiss the complaint.

Section 4 - The respondent officer shall be accorded with due process of law.

Section 5 - The Office shall hear and decide the case within thirty (30) days upon the
receipt of the formal complaint. The proceedings thereof shall be duly
recorded.

Section 6 - A decision to impeach or suspend the respondent must be supported by

2/3 vote of all the officers through the secret balloting. If the penalty is
suspension, it must not exceed to thirty (30) calendar days.

Section 7 - In case the President is subject to impeachment or suspension, the Vice -

Presidents shall be the presiding officer during the proceeding.

Section 8 - Presiding Officer of the hearing and / or the proceeding must have no
power to vote.

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Section 9 - The complainant(s) shall have no voting power but have the right to be
heard in the proceeding.

ARTICLE XIII

VACANCIES

Section 1 - As a general rule, law of succession will be applied.

Section 2 - Whenever there are simultaneous permanent vacancies in the Office of the
President, Vice – President, the remaining officers shall elect among
themselves for the vacant positions until such time that the post shall be
filled in through special election to be scheduled immediately by the
remaining officers.

Section 3 - Whenever there is vacancy in the positions of the Secretary, Treasurer,

Auditor, PIO and Class Representative, the President has the power to
appoint competent members subject to the confirmation of the Dean and
Vice Dean of the College.

ARTICLE XIV

RESIGNATION AND LEAVE OF ABSENCE

Section 1 - Any Council Officers who desires to resign or takes the leave of absence
must submit a formal letter indicating valid reason(s) for his / her
resignation or leave of absence, it should be addressed to the President
one week before he / she desires to vacate the position.

Section 2 - The resignation or leave of absence of the Council Officers shall be

approved by the President.

Section 3 – All power, function, papers and documents of the officers who have
resigned shall be turned over to the newly appointed officer.

In case an officer shall take the leave of absence for not more than two (2)
weeks, the Council President shall temporarily designate an officer to take
over his / her position.

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 ARTICLE XV

ELECTION

Section 1 - The General Election of the Council President, Vice – President, Secretary,
Treasurer, Auditor, PIO and Class Representatives shall be held every
fourth (4th) week of February.

Section 2 - Filing of Candidacy shall be done on the third (3rd) week of January
through the Commission on Election (COMELEC) and thereafter, the
campaign period shall officially start.

Section 3 - The election shall be secret balloting.

Section 4 - All bona fide students of this college with no pending disciplinary action
are qualified to vote.

ARTICLE XVI

COMMISSION ON ELECTION (COMELEC)

Section 1 - The COMELEC which shall be created shall take charge of the all
plebiscite and election proceedings.

Section 2 - The COMELEC shall be composed of 3 officers, who shall be appointed by

the Council Officers. The COMELEC shall elect among them a Chairman.

Section 3 - The COMELEC rules and regulations shall always be inconsonance with
the policy of UB Law Council.

Section 4 - The COMELEC shall conduct special election in case of permanent

vacancy of any office of the Law Council.

Section 5 - In the discharge of its function, the full autonomy and independence of
COMELEC must be strictly preserved.

Section 6 - Members of the COMELEC shall be ineligible to hold any office in the
Law Council. Likewise, the provision on Suspension, Expulsion and
Impeachment shall also be applicable to the members of the COMELEC.

Section 7 - The COMELEC, who holds office must have good behavior, until
resigned, suspended or impeached.

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Section 8 - The COMELEC, shall received of all protest petition regarding the election
which will be in a formal letter and be filed seventy two (72) hours after
the final counting of ballots.

Section 9 - The COMELEC may perform other duties and functions incidental to its
creation.

ARTICLE XVII

QUORUM AND MEETINGS

Section 1 - No Council meeting shall be made without a quorum of fifty percent plus
one (50% + 1), be it regular or special meeting.

Section 2 - General Assembly

a. General Assembly meeting shall have a quorum of 10 % of the total

population.

ARTICLE XVIII

AMENDMENT AMD REVISIONS

A. MODOS IN PROPOSING FOR AN AMENDMENT

Section 1- Any amendment to or revision of, this constitution may proposed by the
Council sponsored by any officer, upon 2/3 vote of all Officers.

Section 2- Amendment to this constitution may likewise be directly proposed by the

students through initiative upon a petition of at lest ten percent (10 %) of
the total number of the bona fide student who shall submit the petition to
the Council.

Section 3 - The Council by a majority vote of all officers may convene itself as a
constitutional convention to be represented by the different student
sectors and entities of this college.

B. REQUIRED VOTES

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Section 4 - Any amendment to or revision of this constitution shall be valid only
when ratified by a majority votes cast in a plebiscite call for such purpose.

ARTICLE XIX

TRANSITORY PROVISIONS

Section 1 - The Constitution and By-Laws of all students’ campus organizations,

departments and others entities are accorded due respect and recognition.
Corollary, those concerned must adhere to the primacy of this constitution
for the interest of each and every College and department.

ARTICLE XX

RATIFACATION AND EFFECTIVITY

Section 1- This constitution shall take effect immediately upon ratification by a

majority of votes cast in a plebiscite held for the purpose and shall
supersede all previous constitution of the student body.

Duly ratified on the _____ day of_____, 2011.

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