2012 Draft of The SAMAHAN Constitution

2012 DRAFT OF THE SAMAHAN CONSTITUTION
Draft of the SAMAHAN Constitution 2012
SAMAHAN CENTRAL BOARD

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Contents
Preamble Article I: The Ateneo de Davao University Student Body Article II: The SAMAHAN Membership Article III: Declaration of Principles and Objectives Article IV: The Students Bill of Rights Article VII: The SAMAHAN Legislative Department Article VIII: The SAMAHAN Central Board Article IX: SCB Moderator Article X: The Executive Departments Article XI: The Campus Clubs Organization Article XII: Divisions Students Executive Council Article XIII: Class Officers Article XIV: Powers and Duties of SAMAHAN Officers Article XV: Accountability of Student Leaders/Officers Article XVI: Constitutional Commissions Article XVII: The Commission on Audit Article XVIII: The Commission on Elections Article XIX: Elections and Appointments Article XX: Finance and Budget Article XXI: Impeachment and Recall
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Article XXII: Resignation Article XXIII: Vacancies Article XXIV: Revisions and Amendments Article XXV: Constitutional Assembly Article XXVI: Constitutional Convention Article XXVII: Student Initiative Article XXVIII: Ratification, Effectivity and Transitory Provisions Article XXIX. Repeal and Separability
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Preamble
We, the bona fide students under the existing undergraduate schools and colleges of the Ateneo de Davao University, imploring the aid of Divine Providence, in order to exercise our inherent rights: to establish an autonomous student government that shall promote academic excellence, spiritual growth and social awareness and involvement; defend our common interest; unite the student body and foster harmony in the academic community, do ordain and promulgate this Constitution.
Article I: The Ateneo de Davao University Student Body
Section 1. The Student Body of the Ateneo de Davao University, as specified in Article 2 Section 1 of this Constitution, shall be known as the SAMAHAN ng mga Mag-aaral ng Ateneo, otherwise referred to as the SAMAHAN and its governing body shall be called the SAMAHAN Central Board.
Article II: The SAMAHAN Membership
Section 1. Composition: The SAMAHAN shall be composed of the bona fide undergraduate students of the Ateneo de Davao University.
Section 2. Membership Fee: The membership fee shall be paid upon enrollment every semester, the reasonable amount of which shall be fixed by the SAMAHAN Central Board Legislative Department to be assisted by the University.
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Section 3. Termination of Membership: Membership shall be terminated automatically upon separation from the official student roster of the University upon: a. Graduation b. Expulsion c. Transfer of Institution
Article III: Declaration of Principles and Objectives
Section 1. The SAMAHAN is a democratic, just and autonomous student body. Sovereignty resides in the student body and all decisions and acts emanate from them. a. Democratic - The Students shall have the right to be consulted in any matters (school rules and regulations, etc.) that directly and indirectly affect them through their duly elected SAMAHAN Officers, unless otherwise stipulated by the Philippine laws and jurisprudence.
b. Just - The SAMAHAN Central Board shall be fair to all studentry as dictated by reasons and conscience which shall be free from any form of favoritism, selfinterest, bias and/or deceptions. It shall conform with established standards and rules that are legal and ethical.
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c. Autonomous c1. Administrative Autonomy The SAMAHAN Central Board has control over its administrative functions guided by the provisions of the Student Handbook and other related guidelines. c2. Political Autonomy The SAMAHAN Central Board has sole jurisdiction over its political function provided that it adheres to the provisions of the Student Handbook and existing laws. c3. Fiscal Autonomy The SAMAHAN Central Board has full control over its financial matters in accordance with related guidelines indicated by the institution.
Section 2. The SAMAHAN believes that effective governance could be attained through collective leadership.
Section 3. The SAMAHAN believes that it should foster efforts in establishing cooperation with other schools, universities and/organizations locally and nationally, especially in Southeastern Mindanao.
Section 4. The SAMAHAN believes it is not isolated from the larger community, thus with the Jesuit community it has responsibility to the Filipino people especially to the people of Davao, in fulfilling the integrity of the virtue: to be men and women for others.
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Section 5. The SAMAHAN firmly believes in the holistic development of a person guided by the spirituality of St. Ignatius of Loyola and Jesuit Values of charity, solidarity, and service.
Section 6. The SAMAHAN believes that education should be liberating, just, and humane as a fundamental requirement to a scientific, nationalistic and socially-oriented education.
Section 7. The SAMAHAN believes that equal opportunity to quality education shall be accessible to all, since it is a right and not a privilege.
Section 8. The student government should be reflective of the students welfare and should be responsive to the needs of the students at all times.
Section 9. The SAMAHAN shall promote, protect, preserve, and uphold the rights and welfare of every student.
Section 10. The SAMAHAN shall at all times advance the interest of the studentry.
Section 11. The SAMAHAN shall encourage the student body to be active and responsive to the issues and concerns affecting the students and the whole country.
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Article IV: The Students Bill of Rights
Section 1. Right to academic freedom. a. Every student has the right to pursue knowledge without undue restrictions. b. Every student has the right to have alternative learning experiences such as Field trips, Social Exposures, Film Viewings, Researches, Seminars, Social Fora and the like. c. Every student has the right to create, facilitate alternative study groups for intellectual and social development. d. Every student has the right for equal opportunity for quality education regardless of economic class, religion, ethnicity, sexual orientation and even those convicted by final judgment for minor felonies. e. Every student has the right to be consulted in cases of the creation, revision and development of the school curriculum. f. Every student has the right to be provided with a written course syllabus on the first week of each semester. g. Every student has the right to see their duly corrected examination papers and other scholastic records concerning their academic performance given a reasonable period of time.
Section 2. Right to freedom of expression and Right to dignity. a. Right to free and responsible expression of opinions and suggestions without fear of persecution from any authority. b. Right to express affection guided by the provisions of the Student Handbook.
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c. Right to file a grievance against any member of the University. d. Right to be treated as an individual person, free from any kind of discrimination. e. Right to dignity, free from any forms of sexual harassment, public humiliation and coercion. f. Right to be free to assemble, to demonstrate, to protest, to communicate and to petition the government and school authorities peacefully on matters such as laws, rules and regulation, policies, and issues that may have direct or indirect effect to such student/s concerned and/or the whole student body.
Section 3. Right to press freedom and publication. a. Right to have its own student publication that shall be fully controlled and operated by the student body. b. Student Publications shall have the right to express responsibly their views and opinions without fear of persecution and intimidation from authorities. c. Student Publications shall be protected against any fear of news blackouts and any forms of interventions and tampering of data. d. Right to mounting and circulation of posters, banners, wall news, leaflets, brochures and other related materials in accordance to the reasonable limitations duly imposed by the institution. Section 4. Right to form and/or join any organizations the purpose of which is not contrary to law provided that: a. The said organization does not impair the academic standing of the individual b. The individual qualifies for membership in the organization.
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Section 5. Right to information. a. In accordance with the policies and guidelines of the University, every student has the right to information on matters of student concerns which include but not limited to academic records and evaluation. Access to official records, acts, transactions, decisions and fiscal matters, as well as data used as basis for policy formulation of the SAMAHAN Central Board shall not be impaired upon the request of the student. b. Every student has the right to be consulted and be informed about tuition fee increase at least 30 days before its implementation. c. Every student has the right to be informed of any quiz, test and/or examination that may have significant impact on the students grade at least three (3) days before the said quiz, test and/or examination..
Section 6. Right to due representation. a. The students shall have the right to due representation for any board meetings and any university committee on issues concerning them, in accordance with the students handbook.
Section 7. Right to privacy. a. Every student has the right to privacy of communication and correspondence. b. Every student shall not be subject to any form of unreasonable search or seizure. Except for the following instances, no search or seizure of a student shall be deemed valid: b.1. Procedural searches made upon and entering and/or leaving the campus by the authorities of the school.
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b.2. Illegal articles that are discovered inadvertently and in plain view by authorized personnel. b.3. Searches and seizures made when the student is about to commit, committing or has just committed a crime or major offense as stipulated in the student handbook. b.4. Searches made with a valid search warrant.
Section 8. Right against excessive fees. a. Every student has the right against excessive, unreasonable and/or involuntary fees. b. Every student has the right against excessive compulsory contributions for matters and activities not included in the syllabus, projects and other expenses irrelevant to the subject matter.
Section 9. Right to Due Refund. Every student who transfers or otherwise withdraws in writing, within two weeks after the beginning of classes, and who has already paid the pertinent tuition and other school fees in full or for any length longer than one month shall have the right to a refund. However, the person shall be charged 10% of the total amount due for the term if he/she withdraws within the first week of classes, or 20% if within the second week of classes, regardless of whether or not he/she has actually attended classes. The student may be charged all the school fees in full if he/she withdraws any time after the second week of classes. The foregoing is pursuant to Section 104 of the Manual of Regulations for Private Schools.
Section 10. Right to suffrage. The students have the right to vote and to be elected to public office at genuine periodic elections, which shall be universal and shall be held by secret ballot guaranteeing the free expression of the will of the electors.
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Section 11. Right to equal access to adequate, convenient, and safe properties, facilities and equipment.
Section 12. Right to petition for improvements on inadequacies, inconveniences and other malfunctions of school properties facilities and equipment.
Section13. Right to due process. a. Every student has the right to be informed of the nature of the complaint or accusations against him/her. b. Every student has the right to examine the evidence against him/her. c. Every student has the right to be represented and accompanied by a competent counsel of his/her own choice. The counsel may not be limited to a faculty member, guidance counselor, or a fellow student. Adequate time shall be given for the preparation of the defense. d. Every student has the right to fair, impartial and speedy trial. e. Every student has the right to have their parents or guardians witness the said proceedings. f. Every student has the right to appeal to the SAMAHAN Senate for any decision within the University and even before the CHED and the regular courts as part of his/her exhaustion of remedies. g. Every student has the right to know what degree of guilt is being employed in all disciplinary proceedings. h. Every student has the Right to be presumed innocent until proven otherwise.
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i. The trial shall be accessible to the Ateneo de Davao Community upon the approval of both the prosecution and the defense. j. The trial shall be publicly announced.
Section 14. Right against inhumane, degrading, and humiliating treatment and penalty. a. Every student has the right against involuntary servitude unless with solid grounds and clear violations of the policy/ies of the school stated in the Student Handbook. b. Every student has the right to be protected against any penalty not provided for in the student handbook.
Section 15. Right to invoke all other rights as guaranteed by the existing laws within the Philippine jurisdiction.
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Article V: The Students Bill of Responsibilities
Section 1. Students should observe at all times the rules and regulations of the University and the provisions of this constitution.
Section 2. Students should protect the prestige and integrity of the school.
Section 3. Students should exercise their rights and privileges responsibly and with due regard for the rights of others.
Section 4. Students should cooperate with the SAMAHAN Central Board in the attainment of a just, democratic, autonomous and socially pro-active student body.
Section 5. Students should cooperate, actively participate and support the activities, programs and projects of the SAMAHAN and the School.
Section 6. Students should check the performance of any elected and appointed officers of the SAMAHAN regarding their sworn duties and responsibilities to the whole student body.
Section 7. Students should recognize and acknowledge their moral responsibilities to others, particularly the preferential option for the poor and to themselves as members of the Ateneo community, in fulfillment of the Jesuit Virtue to be men and women for others.
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Section 8. Students should maintain and elevate the academic standards established in the curriculum and uphold the highest standards of academic integrity and quality.
Section 9. Students should bring forth an academic atmosphere that will help bring about harmony among the various sectors of the university
Section 10. Students should settle his/her financial obligations accordingly.
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Article VI: the Structure of Government for the SAMAHAN
Section 1. Constitutional Bodies: The organizational structure of the SAMAHAN shall be composed of the following: A. SAMAHAN ng Mga Mag-aaral ng Ateneo a. SAMAHAN Central Board (SCB) a.1. SAMAHAN Executive Departments a.1.1. Campus Clubs Organization (CCO) a.1.2. Other Executive Departments b. SAMAHAN Legislative Department (Senate) c. Commision on Elections (COMELEC) d. Commision on Audit (COA)
Section 2. The Government of the SAMAHAN shall be composed of items a. (with sub-item a.1. and its sub-items) and b. of Section 1. The COMELEC shall function as the Electoral Authority and COA as Auditing Branch. The composition and functions of each of the said bodies shall be stipulated further in the succeeding Articles of this Constitution.
Section 3. Organizational Structure: The organization structure of the SAMAHAN shall appear as presented:
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The SAMAHAN, Executive and Legislative Body
COMELEC
SAMAHAN
COA
SCB Office of the President Office of the Vice-President
Senate
Vice President
Executive Departments
Office of the Sec-Gen
Office of the Treasurer
Senator
Senator
Senator
Department of Secretariat Affairs
Department of Treasury
Campus Clubs Department of Audit
Department of Information Gathering and Dissemination
Department of Division Governance
Campus Clubs Organization
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Division Students Executive Council Structure
DSEC
Governor Vice Governor Secretary General
Auditor
Treasurer
Committees
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Article VII: The SAMAHAN Legislative Department
Section 1. The SAMAHAN Legislative Department, which hereafter shall be referred to as the Senate, shall be the highest policy-making body of the SAMAHAN. The student body shall exercise collective leadership through the Senate, on which shall be vested Legislative power, except to the extent reserved for the students by the provision on initiative and referendum.
Section 2. As the highest policy-making body of the SAMAHAN, the Senate shall concern itself with: a. Directing the course of the SAMAHAN Central Boards Actions. b. Deciding on Integral SAMAHAN Policies and on matters regarding student body projects and activities. c. Fixing, with consultation from the Administration, the SAMAHAN Membership fee. d. Deliberation and Approval of the Appropriations Bill to be submitted by the SAMAHAN Treasurer. e. Addressing and Resolving University-wide, curricular and extra-curricular issues. f. Addressing and Resolving National and Sectoral issues that directly affect the student body. g. Creation and Approval of the Election Code to be adopted by the Commission on Elections. h. Review and Approval of the Code of Internal Procedures of the Campus Clubs Organization (CCO). i. Approval of Appointed officers and created Executive Departments of the President and the Members of the SCB.
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Section 3. The Senate shall consist of Division Senators elected at large by and from each division.
Section 4. No student shall be a Senator unless he/she is a bona fide student of the Division he/she represents and is not holding any other office within the SAMAHAN. If an office-holder is elected senator, he/she shall forfeit the office he/she is holding.
Section 5. A Senator shall cease to be so upon: a. The end of his/her term of one (1) school year b. Recall c. Resignation d. Termination of SAMAHAN Membership as stipulated in Article II, Section 3
Section 6. The senate shall be in regular session for one (1) semester, during which the elected senators will sit in it and the elected Vice President will preside. It shall be in interim session during summer breaks. In the latter case senators-elect will sit and the vice president will preside with the exemption of the two (2) seats allotted for the first years, which shall remain vacant until senators are elected.
Section 7. Pursuant to Article XIV Section 2.a, the SAMAHAN Vice President shall perform the duties of chair within the Senate. In the Vice Presidents absence, the body shall elect from among its members a Senate President pro tempore who shall perform the duties of chair.
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Section 8. Any member of the Senate, upon his/her election, shall be prohibited from taking any other office within the SAMAHAN outside the Senate, save on extraordinary instances which the Senate shall determine as such.
Section 9. The Senate shall convene on the first Friday of the semester, and it shall be in session for the duration of that semester. The SAMAHAN President shall on the first day of the said session put forward the SAMAHANs Agenda for the semester to provide the Senate with issues to debate upon.
Section 10. Senators shall be answerable to their respective Divisions DSEC in their legislative action.
Section 11. The Senate shall determine the rules of its course of proceedings, including the votes it shall require from its members to pass a vote. The Senate may also, upon its discretion, compel attendance from its members by any means it may provide.
Section 12. The Senate shall document its proceedings, and management of documentations shall be tasked to the Executive Department involved in Secretariat Affairs. The SecretaryGeneral, therefore, shall be the Custodian of Legislative Documents.
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Section 13. Senate Proceeding. a. Decisions to be made by the Senate shall be deliberated upon and approved in the form of bills. b. Every bill passed by the Senate shall embrace only one subject which shall be expressed in the title thereof. c. No bill passed by the Senate shall become a law unless it has passed two readings on separate days, and copies of it in its final form have been distributed to its Members a day before its passage. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays documented. d. Every bill passed by the Senate shall, before it becomes a law, be presented to the President. If he/she approves the same he/she shall sign it; otherwise, he/she shall veto it and return the same with his/her objections to the Senate, which shall document and publicly post the objections and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of the Senate shall agree to pass the bill, it shall become a law, nonetheless. In such cases, the votes of the Senate shall be determined by yeas or nays, and the names of the Members voting for or against shall be made accessible to the students. The President shall communicate his/her veto of any bill to the Senate within two weeks after the date of receipt thereof; otherwise, it shall become a law as if he/she had signed it.
Section 14. In line with Section 2.i., the Senate shall act on all appointments and Presidential proposals for the formation or dissolution of Departments submitted to it within two weeks from submission thereof. The body shall rule by a majority vote of all the Members.
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Section 15. The Senate may, in aid of legislation, invite non-members to speak in Sessions.
Section 16. The President and the members of the SCB, shall have the right to appear before the Senate uninvited without approval of the house. But, for the purpose of courtesy, the said SCB member shall inform the body a day prior to the one on which he/she/they wish/wishes to appear.
Section 17. Voting power on Legislative matters shall be limited to the members of the Senate, but in the event of a force majeure that shall render the Senator unable to make a vote, a Senator pro tempore, appointed by the absolute majority of the DSEC of his/her constituent Division from among the non-office holding students of said Division, may make the vote in behalf of the Senator (who in principle votes in behalf of his constituent Division)
Section 18. Non-members of the Senate may draft bills, but, other than the bills to be drafted by certain members of the SCB, for drafts to be considered in Legislative deliberation, they must be sponsored by a Senator. If the bill is signed into law, then the bill shall be attributed to the non-member who drafted it.
Section 19. Sessions of the Senate shall at all times be made accessible to the student body.
Section 20. The yeas and nays of all members of the Senate and all that transpires in it (which shall be documented by virtue of Section 12) shall be publicly posted and be made readily accessible to the student body.
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Article VIII: The SAMAHAN Central Board
Section 1. Executive power shall be vested upon the SAMAHAN Central Board, which shall from hereon be referred to as the SCB.
Section 2. The SCB shall be composed of the SAMAHAN President, the Vice-President, the Secretary-General, the Treasurer and the Cabinet, which shall be composed of the Secretaries.
Section 3. No student shall be elected SAMAHAN President unless he/she is a bona fide student of the Ateneo de Davao University and is not already a holder of any SAMAHAN office. If an office-holder wins for the Presidency, he/she shall forfeit the office he/she is holding.
Section 4. The SAMAHAN President shall be elected at large by an Absolute Majority (50% + 1) of student population by plurality.
Section 5. No student shall be elected SAMAHAN Vice President unless he/she is a bona fide student of the Ateneo de Davao University and is not already a holder of any SAMAHAN office. If an office-holder wins the election for Vice President, he/she shall forfeit the office he/she is holding.
Section 6. The SAMAHAN Vice President shall be elected at large by an Absolute Majority (50% + 1) of student population by plurality.
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Section 7. When the Vice-President assumes the powers and duties of the President by the virtue of Article XXIII Section 2, the Senate shall elect from among themselves a Senate President pro tempore who shall have the powers and duties of the Vice President.
Section 8. The Cabinet shall be composed of the SAMAHAN Treasurer, the CCO chairperson, the SCB Secretary-General, the SCB Auditor, the SAMAHAN PRO, the Head Governor and other Secretaries that will head the different executive departments as the SAMAHAN President may deem necessary to create.
Section 9. The members of cabinet shall each have the duty to head an executive department. In execution thereof they shall have autonomy with respect to the administrative decisions concerning their respective departments but shall be answerable to the SAMAHAN President.
Section 10. No student shall be elected SAMAHAN Secretary-General unless he/she is a bonafide student of the Ateneo de Davao University, qualifies for membership to the Department of Secretariat Affairs and is not already a holder of any SAMAHAN office. If an officeholder wins for the Secretary-General, he/she shall forfeit the office he/she is holding.
Section 11. The SAMAHAN Secreatary-General shall be elected at large by an Absolute Majority (50% + 1) of student population by plurality.
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Section 12. No student shall be elected SAMAHAN Treasurer unless he/she is a bona fide student of the Ateneo de Davao University, qualifies for membership to the Department of Treasury and is not already a holder of any SAMAHAN office. If an office-holder wins for the Treasury, he/she shall forfeit the office he/she is holding.
Section 13. The SAMAHAN Treasurer shall be elected at large by an Absolute Majority (50% + 1) of student population by plurality.
Section 14. No student may become a Department Secretary unless he/she is a bona fide student of the Ateneo de Davao University and qualifies for membership to the Department he/she is appointed. He/she may or may not be an incumbent member of the said Department, but shall become one ex officio. The latter provision shall also be applicable to the SCB Secretary-General and SCB Treasurer.
Section 15. In line with Article XIV Section 1.f., the President shall choose a Department Secretary from a list of nominees submitted by the Executive Department concerned. The appointment will then be deliberated by the Senate before it can become official. After Senate recognizes the appointee, he/she shall become a member of the Cabinet.
Section 16. The elected chairperson of the CCO will ex officio sit in the cabinet. The provision provided in section 15 shall not apply in the said office.
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Article IX: SCB Moderator
Section 1. The SAMAHAN Central Board shall have a moderator from among the full-time faculty members, who shall automatically be an honorary member of the SCB.
Section 2. The appointment of the Moderator shall be made by the president of the SAMAHAN after having consulted with the SCB. The SAMAHAN President shall send a formal letter of appointment to the selected faculty member.
Section 3. Functions: The SCB Moderator shall have the following functions: a. To act as an intermediary between the SCB, the faculty and the Administration. b. To serve as the adviser of the SCB. c. To attend all meetings of the SCB, as he/she is deemed needed. d. To maintain close relations with the duly elected officials of the SCB. e. To work in accordance with the objectives and principles of this Constitution. f. To accompany the SCB in activities if deemed necessary by the nature thereof. Section 4. Voting Power and Influence: The moderator shall have no voting power in the meetings and deliberations of the SCB and he/she shall not expressly influence the decision making of the SCB, in accordance to Article III Section 1 Item C Sub-item C2, to his/her interest or any partisan interest in accordance as well to Article II Section 10 of this constitution.
Section 5. Honorarium: The Moderator shall receive a reasonable honorarium the amount of which is to be provided by the SCB.
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Article X: The Executive Departments
Section 1. By virtue of Article XIV Section 1.e., the President may, in aid of administration, create and dissolve ad hoc and standing bodies, which shall be known as Executive Departments with approval of Senate.
Section 2. Each Executive Department shall be ad hoc in nature and except with respect to the CCO, its designated function shall be stated in its name, viz, Department of (function).
Section 3. To create an Executive Department, the President shall draft a set of by-laws that shall be the basis for the said Departments creation. It shall contain the proposed Departments function, qualifications for membership and other by-laws the President may deem necessary. The draft shall then be submitted as a Bill of Creation to the Senate, which shall review, amend and vote on its approval. If the Senate rejects the Bill of Creation, then the Department shall not be established. The President may opt to revise the Bill for re-submission.
Section 4. Upon the creation of an Executive Department, the President, with the Secretary-General acting as clerk of screenings, shall then act as a screening officer for applicants for the Departments membership. He/she shall come up with a list of successful applicants, with one applicant nominated as Secretary, and submit it to the Senate, which shall vote on the lists approval. The successful applicants shall then be the founding members of the Department, and the nominated Secretary shall become a member of the Cabinet.
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Section 5. All appointments and applications for membership to the Executive Departments shall be subject to the approval of the Senate. In the event that the Senate rejects an applicant/appointee, the said applicant/appointee shall not take office. The Senate shall present its list of justifications for the objection, and it may as a whole recommend its own candidate for the office(s) to the President or the Secretary of the Department.
Section 6. The Senate shall, upon the ratification of this Constitution, draft or adopt and approve the Code of Internal Procedures of the following Executive Departments: a. Department of Secretariat Affairs b. Department of Treasury c. Department of Audit d. Department of Information Gathering and Dissemination e. Department of Division Governance f. Campus Clubs Organization
Section 7. Except for the six Departments listed in Section 6, the President by virtue of Article XIV Section 1.e. shall have the power to abolish any existing Department as he/she may deem necessary and with the approval of Senate.
Section 8. To abolish an existing Executive Department, the President shall draft a list of arguments to that cause in the form of a Bill of Abolition and submit the same to the Senate. The Senate will then review, amend, if necessary, and vote on the bill. Upon the Presidents signing of the approved bill, the Department shall cease to exist.
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Section 9. Except for the Secretariat Affairs and Treasury, which shall be administered over by the Secretary-General and the Treasurer, respectively, the CCO shall be administered over by CCO Chairperson, each Executive Department shall be headed by a Secretary appointed by the President as elaborated in Article VIII Section 16.
Section 10. The Secretary of the Department of Secretariat Affairs shall be known as the SecretaryGeneral, the Secretary of the Department of Treasury shall be known as the Treasurer, the cabinet member of the CCO shall be known as the CCO Chairperson, the Secretary of the Department of Audit shall be known as the Auditor, the Secretary of the Department of Information Gathering and Dissemination shall be known as Public Relations Officer (PRO), the Secretary of Division Governance shall be known as the Head Governor. All other Secretaries (unless provided for in the Department Code of Internal Procedures) shall be known as Secretary plus the function of the Department he/she administers over.
Section 11. With exceptions to the Departments of Secretariat Affairs, Treasury, Division Governance and the CCO, the President may opt to appoint a Secretary to administer over the Department. Otherwise, he/she shall take personal responsibility over the said Department.
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Article XI: The Campus Clubs Organization
Section 1. Definition: The Campus Clubs Organization otherwise called as the CCO is a consultatory executive department of the SAMAHAN which will coordinate with the different clubs and organizations in the campus in uniting and promoting their concerted efforts.
Section 2. Organization and Composition: The CCO shall be composed of all recognized clubs and organizations.
Section 3. Powers and Responsibilities: The CCO shall have the following powers and responsibilities: a. The elected Chairman of the CCO shall automatically be the CCO Department Secretary to the SAMAHAN Central Board. b. The CCO shall be the authority with regards to all activities of its body and shall decide on all matters affecting them. c. The CCO shall recognize, coordinate and supervise the activities of all recognized clubs and organizations. d. The CCO shall initiate and implement programs and projects in conformity with the needs and objectives of the organization. e. The CCO has the right to decide on matters pertaining to its own internal affairs, provided that it shall not violate the laws and rights of the students stipulated in this constitution, as specified in Article IV. f. The CCO has the right to an appropriation of a fixed semestral budget of the SAMAHAN Central Board which will be used in the activities of the CCO upon the approval of the former. g. The CCO has the responsibility to abide by this constitution.
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Section 4. The CCO Department Secretary may sit in any meeting of the SAMAHAN Central Board, in consultatory position only, where he/she has no voting power in instances of decision making of the SCB.
Section 5. The CCO has the right to have its own Code of Internal Procedures provided that it shall abide to this Constitution and the By-laws of the SAMAHAN, and that it shall not attempt or directly override or supersede the Constitution of the SAMAHAN and that it shall not violate the rights of the students as specified in Article IV of this Constitution.
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Article XII: Divisions Students Executive Council
Section 1. The students of the recognized Undergraduate Divisions of the Ateneo de Davao University shall each form its Division Students Executive Council, which shall hereon be referred to as the DSEC. Each DSEC shall be known by the name of the Divisions name plus the words Students Executive Council
Section 2. The DSEC shall have executive and internal legislative power over the students of its Division, and as such shall have the authority and duty to: a. Decide on integral Division policies and on matters regarding the student body of the Division. b. Addressing and Resolving Division-wide, curricular and extra-curricular issues. c. Addressing and Resolving National and Sectoral issues that directly affect the Division student body. d. Budget allocation for Division Executive operations as presented by the Division Treasurer. e. Oversee all Executive operations (be they that of the SCB, its own Executive operations or of Classes/Clubs) within and/or concerning the Division student body. f. Aid the SCB in the execution of the enacted bills of Senate in the Division level. g. Inform the Division students of any matters concerning the Division student body.
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h. Consult with the division senator regarding the divisions legislative course of action in the SAMAHAN Senate. i. Draft a Motion of No Confidence against a Senator.
Section 3. The composition of the DSEC shall be defined by the Divisions constitution and/or bylaws, provided that all DSECs shall have at least one student elected as the class representative to the DSEC from each sections associated with the division as a member therein.
Section 4. The Members of the DSEC and/or the students of the Division as the case maybe shall elect a Governor, Vice-Governor, a Secretary, a Treasurer, an Auditor and a Public Relations Officer and any other offices as the Division may deem necessary who shall be the Officers of the Division.
Section 5. Each Non-officer DSEC representative shall have the following duties: a. Give the opinion of his/her constituent class in all DSEC meetings. b. Cooperate with the PRO and inform his/her constituent class about the affairs and matters concerning the DSEC. c. Cooperate with the Secretary-General and procure for the DSEC files from the class Secretary if necessary. d. Cooperate with the DSEC Treasurer and act as intermediary between the former and the class Treasurer in allocation of budget. e. Perform duties as the DSEC may deem necessary.
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Section 6. The schedules of all DSEC meetings shall be announced to the Division student body. All meetings shall be accessible to the Division students.
Section 7. All that transpires in DSEC meetings shall be documented and be made accessible to the Division students. Outer parties may get a copy of documents by requesting from the Secretary-General. In the latter case, expenses for printing shall be covered by the requesting party (including the Department of Secretariat Affairs).
Section 8. Each Division shall have only one DSEC.
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Article XIII: Class Officers
Section 1. The recognized class sections of the Ateneo de Davao University shall be the class sections of the SAMAHAN.
Section 2. Each section shall have the following officers: DSEC Representative Secretary Treasurer Any other officer as the section may deem necessary.
Section 3. Election of the officers: a. All members of the class are allowed to run. b. Members shall elect an officer per position. c. A candidate must be elected by an absolute majority (50% plus 1) of votes.
Section 3. All Class elected officers may be removed from office on recall for culpable violations of this constitution and betrayal of the sections trust.
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Article XIV: Powers and Duties of SAMAHAN Officers
Section 1. The President, who is elected at large, shall be the highest executive officer of the SAMAHAN. It shall be the Presidents authority and duty to: a. Be the Head and Chief Executive officer of the SAMAHAN. b. Enforces the Constitution as well as other rules and regulations of the University Student Council. c. Appoint with approval of the Senate qualified agents if needed to aid in the execution of administrative function/s. d. Act as or appoint official representative of the SAMAHAN in its relations with the administration, the faculty, the public and with other organizations inside and outside the campus in consultation with approval of the Senate e. Create and dissolve with approval of Senate Executive departments as his/her administration may render necessary except for the departments mentioned in Article X Section 6. f. Appoint and remove officers from their positions in committees created by the exercise of Executive powers. g. Represent, or appoint with approval of Senate qualified representatives to stand in behalf of the SAMAHAN in its relations with the administration, the faculty, the public and with other organizations; i. Execute the provisions of this constitution and the bills enacted by Senate j. Perform all administrative functions over all executive departments in the SAMAHAN k. Preside over all meetings of the SCB.
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l. Sign all documents in behalf of the SCB. m. Periodically update the student body of the state of the SAMAHAN. n. Put forward the Governments Agenda to Senate on the first day of its session. o. Act as the official spokesperson and representative of the SAMAHAN to the School Administration. p. Execute the provisions of this constitution as well as the other policies and laws passed and approved by the SAMAHAN Central Board.
Section 2. Duties of the Vice-President: The Vice-President, who is elected at large, shall have the authority and duty to: a. Preside over the senate b. Perform all the duties and authorities of the president in the event of Presidents absence and/or incapacities c. Perform such other functions as the President of the SAMAHAN Central Board may so direct.
Section 3. Duties of the Treasurer: The Treasurer who is elected at large shall have the following duties: a. Be the official budget officer: The function of whom will include the preparation of the Semestral Budget. b. Be in custody of the SAMAHAN funds which he/she shall deposit in the bank with the SAMAHAN President and Vice-President as the co-signatories, and
be accountable for all funds of the SAMAHAN in such circumstance of theft and etc.
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c. Keep detailed records of all expenditures of the SAMAHAN. d. Prepare the annual financial report of the SAMAHAN for examination by the SCB and also for external audit by the COA. e. Perform such other functions as the President of the SAMAHAN Central Board may so direct.
Section 4. Duties of the Secretary-General: The Secretary-General, who is elected at large shall be the head the Department of Secretariat Affairs shall have the following duties: a. Be the official custodian of all papers and documents of SAMAHAN. b. Give notice of all meetings to all officers and members of the SCB. c. Prepare the written agenda of the meetings of the SCB. d. Take charge of the correspondence of SAMAHAN. e. Appoint such number of secretarial aides if necessary to discharge the functions of his/her office. h. Advice the President of the Central Board on matter of general administration. i. Opens to public inspection all the documents which are not confidential in nature to the student body provided that it shall be reviewed by the studentry in regular office hours. j. Perform such other functions as the President of the SAMAHAN Central Board may so direct.
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Section 5. Duties of the PRO: The Public Relations Officer, who is appointed by the President to head the Department of Information Gathering and Dissemination, shall have the authority and duty to: a. Gather information of the general student condition/s. b. Periodically update the studentry of the state of the SAMAHAN. c. Take charge of disseminating information about the activities, affairs, bills of SAMAHAN. d. Be the Editor-in-Chief of the SAMAHAN official publication
Section 6. Duties of the Auditor: The SAMAHAN Auditor, who is appointed by the President to head the Department of Audit, shall have the authority and duty to: a. Be the internal audit of the SAMAHAN in their expenses. b. Require receipts, proof of payments, and other financial documents from the SCB for audit. c. Monitor fund-raising activities initiated by the offices under the SCB. d. Submit recommendation of the usage of funds to the SCB Treasurer. e. Review, monitor, collect and summarize all receipts and disbursements of funds and other financial reports directly or indirectly related to the expenditure of SCB Funds f. Perform other such duties and responsibilities related to and/or implied from the above enumeration of duties and responsibilities. g. Perform other such functions as deemed necessary by the SCB.
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Section 7. Duties of the Head Governor: The Head Governor, who is elected amongst themselves by the other Governors of the different Divisions, is the Secretary of the Department of Division Governance, shall have the authority and duty to: a. Ensure the active cooperation and participation between the Schools and Colleges within the Ateneo Community.
b. Submit recommendations and proposals for activities and events to the SCB President for their own respective divisions and colleges. c. Require, collect and submit semester-end reports regarding the status of the divisions and colleges to the SCB. d. Perform other such functions as deemed necessary by the SCB.
Section 8. Duties of the CCO Chairman: The CCO Chairman, who is elected by the CCO, authority and duty to: a. Represent the CCO to the SAMAHAN Central Board. b. Relay to the SCB the issues, plans, and activities of their respective offices that may have direct and indirect effect to the student body. c. Perform such other functions as the President, the SAMAHAN Central Board or the CCO/GACP may so direct
Section 9. Duties of the Division Senators: The Division Senators who are elected by their respective division constituents shall have the following duties: a. Represent their respective divisions in the SAMAHAN Central Board. b. Be responsible for maintaining liaison between their respective divisions through the class presidents and the SAMAHAN Central Board.
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c. Relay the issues of his/her respective division to the SCB for immediate hearing and action. d. Submit written reports regarding the activities, events, issues and other matters that concern the studentry to the SCB for review and planning for finding the resolution of the issues. e. Directing the course of the SAMAHAN Central Boards Actions
f. Deciding on Integral SAMAHAN Policies and on matters regarding student body projects and activities. g. Fixing, with consultation from the Administration, the SAMAHAN Membership fee h. Deliberation and Approval of the Appropriations Bill to be submitted by the SAMAHAN Treasurer i. Addressing and Resolving University-wide, curricular and extra-curricular issues j. Addressing and Resolving National and Sectoral issues that directly affect the student body k. Creation and Approval of the Election Code to be adopted by the Commission on Elections l. Review and Approval of the Constitution and By-laws of the Campus Clubs Organization (CCO) m. Approval of Appointed officers and created Executive Departments of the President and the Members of the SCB
Section 10. Duties of the Division Governors: The Division Governors who are elected by their respective division constituents shall have the following duties: a. Administer all Executive operations within the Division student body b. Oversee the implementation of enacted bills and resolutions, both by the Senate and by the DSEC itself within the Division
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c. Preside over meetings of the DSEC d. Be the chief correspondent and consultant (with approval of the DSEC) of the Division Senator e. Be the official Division student body representative in any SAMAHAN and Administrative matters f. Be the chief correspondent of the SAMAHAN President within the Division
Section 11. Duties of the Division Vice-Governors: The Division Governors who are elected by their respective division constituents shall have the authorities and duties of the governor in the absence and/or incapacity of the latter and any other duty the DSEC will instruct him/her to perform.
Section 12. Duties of the Division Secretary-General: The Division Secretary-General who is elected by their respective division constituents shall have the following duties: a. Take custody of all files of the DSEC; b. Be informed of official correspondence between members of the DSEC. c. Be the functioning clerk of the DSEC during its meetings. d. Administer over the class/club secretaries of the Division and take custody of documents if necessary e. Secure Administrative Documents in aid of Division Executive and Legislative operation f. Prepare necessary documents for the DSEC g. Be the chief officer of correspondence between Division officers h. Preside over DSEC meetings in the absence of the Governor and the ViceGovernor i. Perform other functions that the DSEC may deem necessary.
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Section 13. Duties of the Division Treasurer: The Division Treasurer who is elected by their respective division constituents shall have the following duties: a. Prepare the Semestral budget of the Division, to be presented before the DSEC b. Monitor and maintain transparency in all expenditures of the DSEC c. Have in his/her custody the Division Funds, and deposit said funds in the bank with the Governor as co-signatory d. Prepare the Semestral Financial report to be presented to the DSEC to be subject to audit e. Perform other functions that the DSEC may deem necessary.
Section 14. Duties of the Division Auditor: The Division Auditor who is elected by their respective division constituents shall have the following duties: a. Audit the DSEC expenses b. Present the results of his/her audit to the DSEC c. Perform other functions that the DSEC may deem necessary.
Section 15. Duties of the Division Public Relations Officer: The Division Public Relations Officer who is elected by their respective division constituents shall have the following duties: a. Be the chief Internal Spokesperson of the Division, b. Inform the Division student body of issues put forward by the DSEC for discussion c. Release to the Division student body official information concerning the DSE d. Gather information and student response to issues within the Division student body in aid of DSEC Executive and Legislative operations
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e. Deliver invitations prepared by the Secretary-General to individuals or bodies invited in to DSEC meetings (including General Assemblies) in aid of DSEC
Executive and Legislative operations f. Correspond with the SAMAHAN Department of Public Information Gathering and Dissemination g. Perform other functions that the DSEC may deem necessary.
Section 16. The DSEC Representative has the duty to: a. Inform the members of the class regarding DSEC plans and activities. b. Encourage members to participate in the DSEC activities. c. Ask opinions to improve the performance of DSEC in cooperation with the Division PRO. d. Perform other functions that the DSEC may deem necessary.
Section 17. The Secretary of the class shall act as the custodian of the class documents and has the duty to: a. Preside over all meetings. b. Perform all administrative functions over the class. c. Secure important documents involving the class.
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Section 18. The Treasurer of the class shall be in charge of safekeeping of class funds and has the duty to: a. Collect funds involving class activities and requirements. b. Audit and make records on budget. c. Cooperate with the Division and SAMAHAN Treasurers in managing the allocation of and liquidating the funds.
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Article XV: Accountability of Student Leaders/Officers
Section 1. All student leaders must set an example to their fellow students. They must be guided by the Jesuit core values, with dedication for service and excellence. Guided by the spirituality of Saint Ignatius of Loyola, they should participate actively in the process of social awareness and student-oriented service.
Section 2. The SAMAHAN officers shall be disqualified to continue holding the office on any of the following grounds: a. Having obtained a failing grade in any of the subjects enrolled during his/her term b. Failure to enrol during his/her term of office c. Failure to attend regular meetings for five (5) times within the semester or three (3) consecutive times unless valid reasons are presented. d. Guilty of committing a major offense with regards to the Student Handbook and/or violation to the rights of the students as specified in Article IV of this constitution. e. Guilty of any criminal offense by a regular court. Section 3. A resolution disqualifying a SCB Officer/s can be filed by any student or any of the SAMAHAN Officers to the Senate.
Section 4. All SAMAHAN officer/s shall be subject to impeachment under any of the grounds specified in this constitution.
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Article XVI: Constitutional Commissions
Section 1. The constitutional commissions, which shall be independent, are the commission on elections, the commission on audit, and the constitutional convention.
Section 2. No member of a constitutional commission shall, during his/her tenure, hold any other office. In the instance that a commissioner or delegate from any of the Constitutional Commission has any other office, he/she must forfeit the said office. Neither shall he engage in the practice of any function or in the active management or control of any organization which in any way may be affected by the functions of his office.
Section 3. The constitutional commissions shall appoint their officials and affiliated students in accordance with their respective bylaws.
Section 4. The commission shall enjoy administrative and fiscal autonomy; their approved annual appropriations shall be automatically and regularly released.
Section 5. Each commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive student rights.
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Section 6. Each commission shall decide by a majority vote of all its members in any case or matter brought before it within two (2) weeks from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the acknowledgment of receipt from the receiving commissioner as required by the rules of the commission.
Section 7. Each commission shall perform such other functions as may be provided by in this constitution, provided that it remains in its own jurisdiction.
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Article XVII: The Commission on Audit
Section 1. There shall be a Commission on Audit which shall be known hereforth as the COA.
Section 2. The COA shall have the authority, and duty to examine, audit, and settle in external capacity all accounts pertaining to the expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the student government, or any of its subdivisions, clubs, or organizations, it shall keep the general accounts of the student government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
Section 3. The COA shall be composed of a chairperson and six (6) other commissioners.
Section 4. No student shall become a commissioner in the Commission on Audit unless he/she is a bona fide student of the Ateneo de Davao University and must not be a holder of any other position in the SAMAHAN. If an office-holder is appointed as a commissioner, he/she shall forfeit the office he/she is holding.
Section 5.The chairman and the commissioners shall be appointed by the incumbent commissioners of the commission. All appointments must have the approval of the Senate.
Section 6. Commissioners shall sit for a term of one school year, including the summer preceding.
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Section 7. The Commission on Audit shall draft or adopt and promulgate its own code of internal procedures by which it shall execute its duties and exercise its authorities herein provided.
Section 8. The commission shall have exclusive authority, subject to the limitations in this article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, unjustifiably extravagant, or unconscionable expenditures, or uses of student funds.
Section 9. No student law shall be passed exempting any entity of the student government or its subsidiary in any guise whatever from the jurisdiction of the commission on audit.
Section 10. The commission shall submit to the president and Senate, within a month before the school year ends, an annual report covering the financial condition and operation of the student government, its subdivisions, clubs, or organizations, subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be deemed necessary.
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Article XVIII: The Commission on Elections
Section 1. The Ateneo de Davao University Commission on Elections or shall be known here forth as the COMELEC is an independent body serving as the electoral arm of the SAMAHAN charged with the administration and facilitation of the SAMAHAN Central Board and SAMAHAN Senate elections, plebiscites, and referenda.
Section 2. The COMELEC shall be composed of ten (10) to fifteen (15) commissioners.
Section 3. The Commissioners shall sit for a term of one (1) school year beginning on the first day of the first semester and ending on the last day of the same academic year, except for extraordinary cases that the Senate shall deem thus.
Section 4. The COMELEC shall draft or adopt and promulgate its own code of internal procedures by which it shall execute its duties and exercise its authorities herein provided.
Section 5. The qualifications for appointment of COMELEC Commissioners shall be determined by the commissions constitution and/or by-laws.
Section 6. The COMELEC shall have the following duties and responsibilities: a. Exercise control, supervision and/or jurisdiction over all matters pertaining to SCB and Senate candidacy, campaign, elections, plebiscites, and/or referenda to the extent provided herein;
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b. Provide information to the student body on all election laws, procedures, decisions, and other matters related to SCB and Senate candidacy, campaign, elections, plebiscites and/or referenda; c. Enforce and interpret the electoral code; d. Hear and resolve all protests, appeals, and complaints pertaining to the conduct of SCB and Senate candidacy, campaign, elections, and referenda. After the protest period and having exhausted all means in resolving such, the COMELEC may forward cases or violations to the Senate; e. Investigate all cases involving cheating and dishonesty at the polls. All cases shall be treated as violations of the Code of Discipline stated in the Student Handbook and will therefore be reported to the Office of the Student Affairs; f. Apply sanctions to the candidate in violation of the provisions of the Electoral Code; g. Handle matters pertaining to political parties in accordance to the Electoral Code; h. Be granted access, during the election period, to all lines of communication to the student body held by the SCB for uses limited to promotion and information dissemination.
Section 7. There shall be an electoral code, which shall be drafted and approved by the senate and which should at all times be in full agreement with this constitution. In the event of nonconcurrence this constitution shall supersede the particular article or section of the said electoral code. The said electoral code shall be reviewed annually and revised accordingly by the current Board of Commissioners subject to the approval of the senate.
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Article XIX: Elections and Appointments
Section 1. The SAMAHAN elections shall be conducted by the COMELEC on the third (3rd) week of February. With exceptions to the First Year Representatives which shall be elected in the third (3rd) week of July.
Section 2. The Election of Class Officers shall be conducted within the first three (3) weeks of the Academic year. The class shall be in quorum during the election, otherwise no election shall occur. In such event, the COMELEC shall set a date for another election and compel the class, by virtue of Article V Section 5, to be in quorum. Each class shall have a set of Class Officers as stipulated in Article XIII Sections 2 and 3.
Section 3. Appointments for any office made by the President or any other authorized officer shall be subjected for review and approval by the Senate as stipulated in Article VIII Section 5.a.
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Article XX: Finance and Budget
Section 1. The fund of all the different branches of the SAMAHAN shall collectively come from the membership fee of every student enrolled during the current academic year and other sources such as fund-raising activities and projects. Subsidiary branches and organizations of the SAMAHAN may opt to collect membership fees from their constituents in the pursuit of their endeavors and with the approval of Senate.
Section 2. The amount of contribution shall be determined by the SAMAHAN Senate and shall be collected upon enrolment.
Section 3. The collection of the said membership fee shall be made by the Finance Office upon enrolment.
Section 4. All expenses of the SAMAHAN shall be paid out from the said fund in accordance with the SAMAHAN budget prepared by the SAMAHAN Treasurer and amended and approved by the SAMAHAN Senate.
Section 5. The SAMAHAN budget shall at all times be in accordance with the principles provided herein and with the approved university guidelines on accounting and auditing rules and procedures. It shall provide for the use of the funds for purposes that will only benefit the students in general.
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Section 6. All other authorized collections by the SAMAHAN Central Board, through the Accounting Office for a special purpose shall be used for the said purpose only. Should there be a balance from the said collected fund, the said balance shall be automatically transferred to the general fund of the SAMAHAN.
Section 7. The balance of the SAMAHAN funds for the fiscal year shall be added to the fund for the fiscal year succeeding.
Section 8. All books of account of the SAMAHAN shall be open to the Student Body at all times.
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Article XXI: Impeachment and Recall
Section 1. The Officials of the SAMAHAN Executive, i.e. the members of the SCB and the Executive Departments as well as the Members of the Constitutional Commissions, may be removed from office by impeachment for violation of this Constitution, bribery, graft and corruption, or betrayal of students trust.
Section 2. All bona fide students of Ateneo de Davao University as stipulated in Article II Section 1 shall have the power to initiate all cases of impeachment. The petition for impeachment shall contain the justifications for the impeachment therein called for.
Section 3. No impeachment proceedings shall be initiated against the same officer more than once in every semester. Section 4. All motion of impeachment shall be submitted before the Senate in the form of Articles of Impeachment. The said article shall contain the justifications for the impeachment therein called for. The Senate shall act on the motion within two (2) weeks including weekends after submission.
Section 5. The Senate shall all have the sole power to try and decide all cases of impeachment. When the SAMAHAN President is on trial, the Vice-President shall preside, but shall not vote. When the latter or the SAMAHAN Treasurer is on trial, the President shall do likewise. No person shall be convicted without the concurrence of absolute majority of all the Members of the Senate.
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Section 6. Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the SAMAHAN perpetually, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to student and/or Philippine Law.
Section 7. Members of Senate, DSECs and Class Officers may be removed from office by recall for violation of this Constitution, bribery, graft and corruption and betrayal of constituent trust.
Section 8. The constituent of the Senator/DSEC member/Class Officer shall have the exclusive power to initiate all cases of recall against the said officer, but the Senate/DSEC may, upon approval of two-thirds majority of its members, address the constituent body to suggest a recall.
Section 9. The President shall have exclusive power to decide on cases of recall and the COMELEC shall have the exclusive duty to deliberate the sufficiency of all motions of no-confidence.
Section 10. No recall proceedings shall be initiated against the same officer more than once in every semester.
Section 11. For the Senators, a Motion of No Confidence may be filed by any student of the Senators Division with the endorsement of a member of the said Divisions SEC, it shall be included in the said DSECs Order of Business within one (1) day after the motion has been filed. The DSEC shall deliberate on the motion in one (1) school week and vote on
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absolute majority on the motion. The motion, containing a list of arguments for recall and the list of the DSEC members who voted for it shall then be filed before the COMELEC.
Section 12. The COMELEC shall deliberate upon the sufficiency of a motion of no-confidence (whether or not it has complied with the due requirements) within one (1) school week after its submission. When it has validated the motion the same shall be presented to the SAMAHAN President, who shall sign the motion if he/she approves of it or, if he/she rejects it, return it personally to the DSEC, presenting his/her arguments for the motions contrary. If the DSEC despite the Presidents veto votes by absolute majority to recall the Senator, then the Senator shall be recalled. If the President does not act on the motion with in one (1) school day the recall shall be made as if he/she has signed it.
Section 13. Following the impeachment of the President, the Vice-President shall assume all the authorities and duties of the President immediately thereafter for the remainder of the Impeached Presidents term, while the Senate shall elect from among its members a Senate President who shall assume all the authorities and duties of the Vice-President. Following the impeachment of the Treasurer, the President shall appoint an acting treasurer from the Department of Treasury while the COMELEC shall conduct an election for the office.
Section 14. Following the recall of a Senator, the Divisions Governor shall temporarily assume the office, while the COMELEC shall conduct an election for the Senators office. In the event of the Governors absence, the members of the DSEC shall elect from among the nonoffice holding students of its Division a Senator pro-tempore while the COMELEC shall conduct an election for the Senators office.
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Section 15. The proceedings by which a DSEC Officer shall be impeached from office shall be provided for by the Divisions Constitution and/or By-laws. The same shall provide the chain of command in the event of an officers impeachment.
Section 16. For DSEC Representatives, a Motion of No-Confidence may be filed by any student of the Representatives constituent section to the DSEC. The motion shall contain a list of arguments supporting the motion and the signatures of the absolute majority of the constituent section that supports the motion.
Section 17. The DSEC, excluding the Representative in question, shall deliberate on the motion within one (1) school week. If the DSEC has voted with an absolute majority of votes for the Motion, then the Representative in question shall cease to be a member of the DSEC. If the DSEC votes against the motion, it shall present its arguments before the class, which shall vote on it. If the Class decides to overrule the DSECs vote, then the Representative shall cease to be a member of the DSEC.
Section 18. The recall of any DSEC member who does not qualify for the criteria of DSEC Representative provided for in Article XIII Section 2, shall be provided for in the Division Constitution and/or By-laws.
Section 19. Following the recall of a DSEC representative, the COMELEC shall immediately send a delegate commissioner to oversee an election for the offices replacement. No class election shall be valid unless a COMELEC delegate is present in official capacity during the elections.
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Section 20. Hearings should be at least done twice a week.
Section 20. All impeachment and recall proceedings shall be properly documented by the Senate and the Secretary-General of SCB.
Section 21. Procedural and substantial due process shall be strictly observed on the entire duration of the impeachment proceedings.
Section 22. Judgment in cases of impeachment shall not exceed further than removal from office.
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Article XXII: Resignation
Section 1. Procedure for resignation: Anyone who desires to resign must file a formal letter which must contain the reason for his/her resignation addressed to the presiding officer one (1) week before the said resignation. In the same period of time, he/she must have public announcement wherein the reason for his/her resignation is clearly stated to the student body.
Section 2. The resignation shall be approved by his/her own governing body.
Section 3. Before the resignation, the resigning officer shall append a report of accomplishments and/or proposals to the SCB or the Senate.
Section 4. All powers and functions, papers and documents of the resigning officer upon his/her resignation shall be turned over to his/her constituents.
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Article XXIII: Vacancies
Section 1. Presidential Vacancy: Any permanent vacancy in the office of the President of the SCB shall be filled by the Vice-President.
Section 2. Vice-Presidential Vacancy: In case of a vacancy in the office of the SCB Vice-President, it shall be filled by Senate President Pro Tempore whom shall be elected by the Senate amongst themselves.
Section 3. Presidential and Vice-Presidential Vacancies: If in case of vacancies that shall simultaneously occur in the Presidency and Vice-Presidency, the Secretary-General shall act as the temporary President of the SCB and Section 2 of this Article shall apply, until such vacancies are filled.
Section 4. Secretarial Vacancy: In case of vacancy in the office of SCB Secretary-General, the second highest number of votes shall fill the office.
Section 5. Treasury Vacancy: In case of vacancy in the office of SCB Treasurer, the second highest number of votes shall fill the office.
Section 6. Senatorial Vacancy: In case of a vacancy in the office of the Division Senator it shall be filled in through a special elections in that College/Division.
Section 7. Governorship Vacancy: Any permanent vacancy in the office of the Division Governor it shall be filled by the Vice-Governor.
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Section 8. Vice-Governorship Vacancy: In case of a vacancy in the office of the Vice-Governor it shall be filled in through a special elections in that College/Division.
Section 9. Governorship and Vice-Governorship Vacancies: If a case of vacancies that shall simultaneously occur in the office of the Governor and Vice-Governor, the Secretary of the Division shall temporarily act as the Governor of the Division, until such vacancies are filled through a special election.
Section 10. Class DSEC Representative Vacancy: Any permanent vacancy in the office of the DSEC Representative it shall be filled by the Class Secretary.
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Article XXIV: Revisions and Amendments
Section 1. Any amendment to, or revision of, this Constitution may be proposed by: a. The Senate, upon a vote of three-fourths of all its Members (ConAss); b. A Constitutional Convention (ConCon); c. The Students, through a direct initiative (SI);
Section 2. Proposals for amendments of this constitution must undergo an public announcement to state the justifications for the said proposal. There shall be three (3) readings of the said proposal before it could be pushed through for plebiscite.
Section 3. Before a public reading to all the colleges with in the university could be held there shall be ten (10) school days after the third and final reading. Section 4. Any amendment or revision to this constitution shall be valid only after an absolute majority has voted on it in a plebiscite, which shall be held the day following that on which the Constituent Assembly or the Constitutional Convention has voted on the amendment/revision or following that on which the COMELEC has deemed a petition sufficient.
Section 5. No amendment shall be authorized within two (2) years following the ratification of this Constitution nor oftener than once every four years thereafter or as may be deemed necessary.
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Section 6. Amendments to or revisions of this constitution shall always be ratified within the first semester of the school year.
Article XXV: Constitutional Assembly
Section 1. The Senate may amend or revise this Constitution by forming a Constituent Assembly. Amendments and revisions shall undergo the same process as that of passing bills. Amendments and revisions shall not take effect unless voted on by three-fourths of all the members.
Article XXVI: Constitutional Convention
Section 1. Function. The Constitutional Convention, which is otherwise called as ConCon, shall be independent from the SCB and the Senate. In the event that the Senate, by a vote of absolute majority of all its Members calls for a ConCon, it shall be the only body which could propose amendments or revisions in this constitution.
Section 2. Composition. It shall be composed of (2) representatives from each Division, one nominated by the Division Governor and the other by the Division Senator, and from the Offices of the SAMAHAN President, the SAMAHAN Vice-President, the SAMAHAN Treasurer, the COA and the COMELEC.
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Section 3. The representatives for the Constitutional Convention must not be holding any office under the SAMAHAN. In the instance wherein a representative is nominated while holding a position and/or office in the SAMAHAN he/she has the prerogative to decide which office he/she wishes to fill. If he/she decides to take the seat as a ConCon Representative, he/she must vacate the position he/she is occupying.
Section 4. The members of the Constitutional Convention, during his/her tenure, shall not accept and/or take hold a term of office in any other recognized clubs/organizations of the school or offices under the SAMAHAN. Otherwise, he/she must forfeit his/her seat in the Constitutional Convention.
Section 5. The Constitutional Convention may invite a moderator from the faculty. It may also lobby in the Senate to allot budget for said moderators honorarium.
Article XXVII: Student Initiative
Section 1. Amendments to this Constitution may likewise be directly proposed by the students through a Student Initiative.
Section 2. The petition shall at least have twelve percent (12%) of the total number of students, of which every division must be represented by at least three percent (3%) of the students therein. The COMELEC shall then deliberate on the sufficiency of the petition within one (1) school week after it has been submitted. If the petition has been deemed sufficient, then a plebiscite shall be held.
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Article XXVIII: Ratification, Effectivity and Transitory Provisions
Section 1. For this Constitution to pass ratification, an absolute majority (50% + 1) of votes cast by an absolute majority of the total student population and in a plebiscite, must be cast in its favor.
Section 2. Upon the ratification of this constitution, the SAMAHAN will immediately enter a state of transition. This article shall take effect thereafter.
Section 3. The officers that have existed in the SAMAHAN by convention shall continue to exist until the election of new officers. The incumbent officers of the former classification shall dedicate their term for the education of the student body concerning this constitution.
Section 4. The new officers described herein shall be elected on the February of the same school year on which this constitution has been ratified, with the exemption of the DSEC Officers, whose election shall be provided for by the Divisions Constitution and/or By-laws.
Section 5. This Constitution shall take full effect immediately after the declaration of successful candidates.
Section 6. By virtue of Article XIV, the existing COMELEC shall maintain its de facto continuity except for the revisions needed to abide to this constitution. As such, it shall:
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a. Facilitate the elections of the SAMAHAN President, SAMAHAN VicePresident and SAMAHAN Treasurer on the third week of February of the same school year of the ratification of this constitution; b. Facilitate the elections of Division Senators on the same period as in item a.; c. Oversee the election of class officers on the first three (3) week of the school year on which this Constitution shall take full effect; d. Oversee the election of DSEC Officers on the date specified by the divisions constitution and/or by-laws.
Section 7. The Campus Clubs Organization (CCO) shall become an Executive Department and its Chairperson shall be ex officio member of the cabinet. It shall however retain a certain degree of autonomy and continuity except for the revisions needed to abide to this constitution.
Section 8. The Constitution and/or By-laws of all existing DSECs shall be subject to review, revision and/or amendment by the bodies concerned in order to make the said constitution and/or by-laws abide to this Constitution. All DSECs who have not yet promulgated its own constitution and/or by-laws must draft or adapt and promulgate one.
Section 9. All existing SAMAHAN committees shall, upon the effectivity of this Constitution, cease to exist. But their by-laws may be amended or adapted to conform to this Constitution and submitted in the name of the SAMAHAN President to the Senate, which shall deliberate it as it would any proposal for the creation of Executive Departments.
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Section 10. Before the Senate passes the Bill of Creation for the Department of Treasury, the SAMAHAN Treasurer may appoint, with approval of the President, undersecretariesextraordinary to aid in his/her functioning. These appointees must be bona fide members of the SAMAHAN Student Body. Upon the passage of the Bills of Creation on the Departments, these appointees shall cease to have office, but they are not prohibited from application to the Department. Section 11. Senate shall first be in session on the first Friday of the school year after the school year of the ratification of the constitution.
Section 12. On its first day of session the President shall give to the Senate the first Statement of the SAMAHANs Agenda, which shall contain (among other agenda the President may deem necessary) the following: a. Draft the standing Rules of Order of the Senate; b. Draft the by-laws of the Departments of Secretariat Affairs, Treasury, Audit, Public Information Dissemination and Gathering and Division Governance; c. Deliberate upon and approve (or amend) submitted Bills of Creation of other departments; d. Adapt, review, revise and/or draft the Electoral Code The said agenda shall be acted upon by Senate within one month. Immediately after the President has given the Statement, Senate shall proceed with executing the Agenda.
Section 13. Within the first month of the school year the President with the Secretary-General (or an appointed Secretary-General-Extraordinary as the case may be) as acting clerk of screening, shall come-up with the list of nominees for the Founding Commissioners of
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the Commission of Audit, which shall include nominees for the Chairperson on the said commission. The said list shall be subject to the approval by the Senate.
Section 14. The existing General Assembly of Class Presidents and all the offices elected thereby shall cease to exist.
Article XXIX. Repeal and Separability
Section 1. If any part or provision of this Consitution is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect.
Section 2. All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
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Appendix A
Justifications and Notations for the Revisions, Amendments, Adoptions and Dissolutions
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Appendix B
The Code of Internal Procedures of the CCO
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Appendix C
The Code of Internal Procedures of the COMELEC
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Appendix C
The COMELEC Electoral Code
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April 14, 2011, 2:00 am Prepared by:
2011 Constitutional Commission

John Ryan Borja
Constitutional Commission Chairperson Office of the President
Karlo Antonio David

Humanities Division
Adam Dandro Jambangan

Social Studies and Education Division
Adrian Andrei Alag

Engineering and Architecture Division
Karen Faith M. Mallari

Engineering and Architecture Division
Angelo Cyril Ugto

College of Nursing
Maikko Rae Ampilanon

College of Nursing
John Paul Camino

Natural Science and Mathematics Division
Therese Marie Fernandez

Philosophy Division
Guadalupe Dequito
Business Management Division
Yancy Paredes
Computer Studies Division
Ianne Aquino
General Assembly of Class President
Peter Paul Paras

First Year
Louis Largo
Office of the Secretary
Divine Ruplo
Office of the Treasurer
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2012 Draft of The SAMAHAN Constitution

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SAMAHAN CENTRAL BOARD

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Article I: The Ateneo de Davao University Student Body

Article II: The SAMAHAN Membership

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Article III: Declaration of Principles and Objectives

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Section 10. Students should settle his/her financial obligations accordingly.

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SCB Office of the President Office of the Vice-President

Office of the Sec-Gen

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Department of Secretariat Affairs

Campus Clubs Department of Audit

Department of Information Gathering and Dissemination

Department of Division Governance

Campus Clubs Organization

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Governor Vice Governor Secretary General

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Section 8. Each Division shall have only one DSEC.

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