2008 DLSUD USC Constitution

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 32

2008 Constitution of the University Student Council

PREAMBLE

We, the students of De La Salle University-Dasmarias, with the aid of Almighty God,
desirous of establishing a democratic student council that shall unite the whole student
body, protect and preserve the rights and interests, inculcate awareness and fidelity to
duties and responsibilities, encourage involvement in the university and in the society,
imbued with Lasallian Core values: Spirit of Faith, Zeal for Service and Communion in
Mission do hereby establish and promulgate this Constitution.

ARTICLE I
GENERAL PROVISIONS

SECTION 1: This Constitution shall be known as the Constitution of De La


Salle University-Dasmarias (DLSU-D) University Student
Council.

SECTION 2: This Constitution shall govern the University Student Council as


well as the College Student Councils in the University.

SECTION 3: The USC as mandated by the students shall be the official


representative of all bona fide students of DLSU-D in pursuing
their rights, welfare and concerns.

ARTICLE II
DECLARATION OF PRINCIPLES AND OBJECTIVES

A. PRINCIPLES

SECTION 1: The University Student Council is a democratic and autonomous


body.

Page 1 of 32
a. Democratic
Internal school regulations that concern the students shall
be subject to their consent through their duly elected
representatives, unless otherwise stipulated by the
Philippine laws and jurisprudence.

a. Autonomous
It shall enjoy:
b.1. Administrative Autonomy
The University Student Council has control over its
administrative functions guided by the provisions of
the Student Handbook and other related guidelines.

b.2. Political Autonomy


The USC has full control over its political functions
guided by the provisions of the Student Handbook
and existing laws.

b.3. Fiscal Autonomy


The USC shall exercise control over its financial
matters in accordance with related guidelines.

SECTION 2: The University Student Council believes that all decisions should
be arrived at in a democratic manner. The will of the majority shall
always prevail without infringing on the right of the minority.

SECTION 3: The University Student Council believes in the principle of the


collective leadership as a means of effective governance.

SECTION 4: The University Student Council believes that collaboration with the
administration, faculty and support staff is indispensable in
achieving common goals.

Page 2 of 32
SECTION 5: The USC believes that there should be amicable ties with other
schools, universities and organizations nationwide, especially
within the Southern Tagalog region.

SECTION 6: The USC believes in the development of the total person under
the Lasallian core values of spirit of faith, zeal for service and
communion in mission.

SECTION 7: The USC believes in the development of the individual students


potential to effect change which can be achieved by advancing
his/her rights and welfare.

SECTION 8: The USC believes in academic freedom as a prerequisite to a


scientific, nationalist and mass-oriented education and the
development of the Lasallian student as a total person.

SECTION 9: The USC believes that the rights and welfare of the individual
student should be upheld and defended at all times.

SECTION 10: The University Student Council believes that education is a right
and definitely not a privilege.

SECTION 11: The University Student Council believes that it is a part and parcel
of a larger society, thus the students have direct responsibility
over the Filipino people, in general, and the people of Cavite
together with the Lasallian community in particular.

SECTION 12: The University Student Council believes that all Council Officers
should remain at all times faithful to the office he/she is serving
and should not in any occasion allow partisan interest to prevail
over office duties and functions.

Page 3 of 32
SECTION 13: The University Student Council adheres to the legal principle of in
loco parentis. Herein, the school, its administrators and teachers
shall have special parental authority and responsibility over
students while under their supervision, instruction or custody.

SECTION 14: The University Student Council recognizes the importance of


different student groups in the University which includes the
Council of Student Organizations, Heraldo Filipino, Performing
Arts Group, Varsity, Student Auxiliary Groups, University Student
Commission on Elections, Reserve Officer Training Corps and
other groups established not contrary to the provisions of this
Constitution.

B. OBJECTIVES

SECTION 1: The University Student Council shall serve as a mediator between


the student body and any sector of the Lasallian community in
case of differences.

SECTION 2: The University Student Council, together with the student groups,
shall be an active agent in promoting national awareness and
consciousness among DLSU-D students.

SECTION 3: The University Student Council shall foster an atmosphere where


critical thinking prevails.

SECTION 4: The University Student Council shall protect the rights and welfare
of the students at all times.

SECTION 5: The University Student Council, together with the student groups,
shall enjoin the students to act as one in advancing their rights
and welfare.

Page 4 of 32
SECTION 6: The University Student Council shall regularly conduct
consultation with students so as to be guided by their sentiments.
(with considerations on Article VIII)

SECTION 7: The University Student Council shall promote the Lasallian identity
of spirit of faith, zeal for service and communion in mission.

ARTICLE III
BILL OF STUDENT RIGHTS

SECTION 1: Right to academic freedom.


a. Right to quality education.
a.1. Every student has the right to pursue knowledge without undue restrictions.
a.2. Every student has the right to have related learning experiences e.g. Field
trips, film showing, research, seminars, etc.
a.3. No student shall be deprived of quality education by reason of poverty, creed,
culture, race and even those convicted by final judgment for minor felonies.
a.4. Student with delinquent accounts permitted to take examination shall
nevertheless be subject to the right of the University to withhold the release
or issuance of such students school records or documents or to deny such
students from admission for the next semester or year until prior
delinquencies are fully paid.

b. Right of the students, through Student Council Officers as representative in any


decision making of the University and College that affects the student in general.
c. Right to be provided with a written course syllabus on the first week of the semester.
d. Right to see their duly corrected examination papers which have bearing in their final
grades.
e. Right to be informed of their class standing and to see the computation of their
grades before it is duly submitted to the Registrars Office upon the request of the
student.

Page 5 of 32
SECTION 2: Right to freedom of expression and Right to dignity.

a. Right to free and responsible expression of opinions and


suggestions.
b. Right to express affection guided by the provisions of the Student
Handbook.

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, and sexual harassment.
e. Right to, be free to assemble, to demonstrate, to protest, to
communicate and to petition the government and school
authorities peacefully for the redress of their grievances.

SECTION 3: Right to press freedom and publication.

a. Student Publications shall be guided by RA 7079


(Campus Journalism Act) for its operations, formations,
and rights.

b. Student Publications shall have the right to express


responsibly their views and opinions without fear of
persecution from authorities, and without threat of
being in any way penalized or punished by authorities.
This includes the right against news blackouts

c. right to mounting and circulation of posters, banners, wall


news, leaflets, brochures and other related materials in
accordance to limitations imposed by the institution.

SECTION 4: Right to form and/or join organizations the purpose of which not contrary to
law.

Page 6 of 32
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 shall not
be impaired.

b. Every student has the right to request and make a written


evaluation of the performance of professors toward the end
of the semester.

c. Every student has the right to be given proper consultation


by their professors by virtue of the latters consultation
hours.

d. Every student has the right to be consulted and be I


nformed about tuition fee increase before its
implementation.

e. 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, he shall be
charged 10% of the total amount due for the term if he
withdraws within the first week of classes, or 20% if within
the second week of classes, regardless of whether or not
he has actually attended classes. The student may be
charged all the school fees in full if he withdraws anytime
after the second week of classes. The foregoing is
pursuant to Section 104 of the Manual of Regulations for
Private Schools.

Page 7 of 32
SECTION 6: 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. Searches made at the ingress or egress by
persons in authority of the school.
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 7: Right against excessive fees.


a. Every student has the right against excessive, unreasonable and
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.
c. Every student has the right to be consulted and be
informed about tuition fee increases 30 days before its
implementation.

SECTION 8: Right to suffrage.

SECTION 9: Right to equal access to adequate and safe properties, facilities and
equipment.

Page 8 of 32
SECTION 10: 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 meet the complainant and the
witnesses face to face.
c. Every student has the right to examine the evidence against him/her.
d. Every student has the right to be represented by a competent counsel
of his/her own choice.
e. Every student has the right to fair, impartial and speedy trial.
f. Every student has the right to be accompanied by a
counsel of his/ her own choice. (The counsel may be but
not limited to a faculty member, guidance counselor, or a
fellow student). Adequate time shall be given for the
preparation of the defense.
g. Every student has the right to have their parents or
guardians witness the said proceedings.
h. Every student has the right to appeal any decision within
the University and even before the CHED and the regular
courts as part of his/her exhaustion of remedies.
i. Every student has the right to know what degree of guilt is
being employed in all disciplinary proceedings.
j. Every student has the Right to be presumed innocent until
proven otherwise.

SECTION 11: Right against inhumane, degrading, and humiliating treatment and
penalty.
a. Every student has the right against involuntary servitude.
b. Every student has the right against excessive fines.
c. Every student has the right to be protected against any penalty not
provided for in the student handbook.

SECTION 12: Right to invoke all other rights as guaranteed in Article III of the 1987
Philippine Constitution.

Page 9 of 32
ARTICLE IV
DUTIES AND RESPONSIBILITIES OF STUDENTS

SECTION 1: It is the duty and responsibility of every student to:


a. observe at all times the rules and regulations of the university and
provisions of this constitution.
b. help bring forth an academic atmosphere that will help bring about
harmony among the various sectors of the university.
c. support the university in elevating and maintaining its high standards
and promote quality education.
d. exercise his rights and privileges responsibly.
e. directly and actively participate and support the activities, programs
and projects of the USC, College Councils as well as the other
recognized Organizations
f. promote/enhance the good name of the university.
g. contribute to the development of University Loyalty and College
Loyalty.
h. maintain cleanliness of schools properties, facilities and equipment
and keep the school from all forms of vandalism.

ARTICLE V
COMPOSITION, ELECTION, TERM OF OFFICE QUALIFICATION AND
VACANCIES OF THE UNIVERSITY STUDENT COUNCIL

SECTION 1: The University Student Council shall be composed of:


a. Executive Board
a.1 President
a.2 Vice President
a.3 Secretary
a.4 Treasurer
a.5 Auditor
a.6 Business Manager
a.7 Public Relations Officer (2)

Page 10 of 32
b. Legislative Board
b.1 Presidents of different College Council as official
representatives

SECTION 2: The USC officers shall be elected at large by the bona fide
students of DLSU-D. On the other hand, the Presidents of the
different College Student Councils shall be elected by bona fide
students of their respective colleges.

SECTION 3: The term of office of all University Student Council shall


commence on the first day of May and will end on the last day of
April. All officers shall be entitled for re-election.

SECTION 4: The USC candidates must meet the following qualifications:


a. be a bona fide student of the university
b. carry a minimum load of fifteen (15) units per semester or
as prescribed by its college. However, such candidates
may appeal to the Student Commission on Election if load
for a semester is lower than 15 units, as certified by his/her
College Dean
c. must be enrolled as a student for at least one year in the
university after the election.
d. Not have been found guilty of any major offense.
e. Must have obtained a GPA of 1.5 or higher, with no failing
grade in any of the subjects enrolled during the semester
immediately preceding the election.
f. Must have at least one (1) year of residency in the
University on the day of elections.

SECTION 5: All USC officers are required to submit a report of grades every
end of the semester to the Student Development and Activities
Office (SDAO).

Page 11 of 32
SECTION 6: a. Permanent vacancies may occur in the following situations:
a.1 Impeachment
a.2 Permanent physiological and/or psychological
incapacity.
a.3 Resignation
a.4 Removal from office (Disqualification to continue
holding office)
b. Temporary vacancies may occur in but not limited to the
following:
b.1 Official business outside the university
b.2 Filing of Leave of absence from office.
b.3 Temporary physiological and/or psychological
incapacity.

In all cases, temporary vacancy can only last for five (5) to
thirty (30) working days; however it could be extended to a
maximum of sixty (60) working days due to justifiable
reasons as determined by the SDAO.

SECTION 7: In case of vacancy in any of its position, the council shall pass
within 3 working days a resolution declaring that a vacancy exists
and notice thereof shall be given to the Dean of Student Services
through SDAO. The resolution shall specify the grounds for
declaration of vacancy.

SECTION 8: Any permanent vacancy in the office of the President shall be


filled by the Vice President. If the vacancy occurs in the office of
the Vice President for any cause or for assumption to office as
president, the Council shall elect a new Vice President among the
University Student Council Executive Board in a special meeting
called for the purpose. However, the said officers shall serve only
for the unexpired term.

Page 12 of 32
SECTION 9: If a permanent vacancy occurs in any remaining University
Student Council office, the remaining USC Executive Board shall
convene within 3 working days upon submission of the resolution
to SDAO with the Legislative Board a special meeting called for
the purpose to elect among the Legislative Board who shall fill the
vacancy. The elected officer shall, however, serve only for the
unexpired term.

SECTION 10: In case none of the members of Legislative Board is willing to fill
the vacant position, the USC shall ask for their recommendations
through memorandum. The LB is given seven (7) working days to
comply upon the receipt of such memorandum. The
recommendation should be accompanied by the recommendees
curriculum vitae. Recommendations are limited to one (1) qualified
student per college.

SECTION 11: The remaining USC Executive Board shall convene within three
(3) working days with the Legislative Board a special meeting
called for the purpose to elect among the recommendee/s who
shall fill the vacancy. The elected officer shall, however, serve
only for the unexpired term.

SECTION 12: If the Legislative Board failed to submit names of their


recommendee/s upon the lapse of seven (7) working days, the
USC Executive Board reserves the right to deliberate and
consequently appoint qualified student/s to fill up vacant post/s
through a resolution. The Legislative Board should be duly
informed of the said appointment.

SECTION 13: In case of temporary vacancy in the office of the President, the
Vice President shall, ipso facto, be the acting president until such
vacancy ceases to exist.

Page 13 of 32
SECTION 14: In case of temporary in both of the offices of the President and
Vice President, the remaining members of the USC Executive
Board shall elect among themselves the acting president until
such vacancy ceases to exist.

SECTION 15: If any of the offices of the Executive Board aside from the
Presidency becomes temporarily vacant, the President shall
appoint Officer/s-in-Charge from the Executive Board without
relinquishing their original post until such temporary vacancy
ceases to exist.

ARTICLE VI
DUTIES AND RESPONSIBILITIES OF UNIVERSITY STUDENT COUNCIL OFFICERS

SECTION 1: The President:


a. enforces the Constitution as well as other rules and
regulations of the University Student Council;
b. acts as the presiding officer in all meetings of the council.
In case he/she shall yield the chair to the Vice President or
in his absence, any officer of the University Student
Council;
c. represents the University Student Council in his/her
capacity as President on occasions or events where the
organizations needs representation;
d. creates special committees and appoints the chairman and
members of the said committees necessary to the noble
objectives of the University Student Council
e. signs all communications, project proposals, requests,
forms and all other official documents of the University
Student Council;

Page 14 of 32
f. prepares and implements the budget of the council with
the concurrence of the majority of the University Student
Council Executive Board;
g. religiously attends the Institutional Council meetings such
as:
g.1 Presidents Council meeting
g.2 Operations Council meeting
g.3 Safety and Security Council meeting (Internal and
External)
g.4 University Development Council meeting
g.5 Academic Council meeting by invitation
g.6 and other meetings called by special councils and/or
committees
h. performs such other duties which may be necessary for the
proper discharge and performance of the function of his/her
office.

SECTION 2: The Vice President:


a. assumes the functions of the President in case of absence or
vacancy;
b. assists the President in carrying out the objectives of the
University Student Council;
c. performs all other functions delegated by the President.

SECTION 3: The Secretary:


a. takes charge in taking the minutes of the meeting and
safekeeping of the records of the University Student Council
b. prepares communications and files documents pertaining to
the University Student Council;
c. performs all other functions delegated by the President.

Page 15 of 32
SECTION 4: The Treasurer:
a. collects and receives all incoming funds except for the
University Student Council fund which is to be collected by the
Accounting Office therefore;
b. monitors cash flows of the University Student Council trust
fund;
c. supervises all payments, requisitions and the liquidation of
transactions;
d. renders a financial report to the University Student Council
after every activity;
e. assists all College Student Council treasurers in preparing
financial reports/statements;
f. requests a financial report from the Accounting Office if
deemed necessary;
g. performs all other functions delegated by the President.

SECTION 5: The Auditor:


a. audits the financial statements prepared by the treasurer;
b. assists the treasurer in facilitating transactions of the
University Student Council;
c. monitors trust fund allocations for every activity;
d. acts as custodian of all properties of the University Student
Council;
e. assists all College Student Council auditors in auditing
financial statements Council Executive Board the details of
sponsorship for approval.
f. performs all other functions delegated by the president.

SECTION 6: The Business Manager:


a. transacts approved business deals inside and/ or outside the
establishments and shall report the same to the University
Student Council
b. is in charge of all purchases of the University Student Council;

Page 16 of 32
c. Screens all project proposal prepared by other Executive
Board and submits the same to the proper authorities;
d. Screens all sponsorship requests by other organization and
reports to the University Student Council Executive Board the
details of sponsorship for approval.
e. performs all other functions delegated by the President.

SECTION 7 The Public Relations Officers:


a. disseminate information to other officers concerning meetings,
updates and other important matters;
b. take charge of giving proper and due publicity to all activities of
the University Student Council;
c. are responsible in proposing and conducting surveys and
gathering petitions;
d. as decided upon by the Executive Board, shall act as
coordinators of one of the following:
d.1. all class presidents
d.2. official publication of USC
e. perform all other functions delegated by the President.

SECTION 8 Legislative Board

a. Exercises legislative powers manifested through resolutions.


However, such resolutions shall be subject to the approval of
the USC President.

Legislative powers include:

a.1 enacting rules and guidelines concerning students of


their respective colleges
a.2 Confirms appointments of committee heads by rule of
majority vote of all members

Page 17 of 32
b. May conduct inquiries and investigations assuring that
members of Executive Board are performing their functions
c. Airs concerns/issues of their respective colleges constituents
to the University Student Council

d. Submits a copy of monthly report to the University Student


Council which will include:
d.1 accomplishment reports
d.2 financial statements

e. Assists the University Student Council in the implementation of


approved policies, projects, programs and activities in their
respective colleges.

In case of inaction of the President after seven (7) working days, the resolutions
shall be deemed approved.

ARTICLE VII
ACCOUNTABILITY OF STUDENT LEADERS/OFFICERS

SECTION 1. All student leaders must set an example to their fellow students. They must
be guided by the Lasallian core values, with a fervent love for learning
and excellence. Their disposition should be geared toward the Lasallian
virtue of servant leadership. Following the footsteps of Saint John Baptist
De La Salle, they should continue to participate meaningfully in the
process of social transformation by helping to form God-centered, people-
oriented, and patriotic persons who serve as responsible and
professionally competent stewards of God's creation.

SECTION 2. The USC officer/s 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:

Page 18 of 32
a.1 immediately before his/her term
a.2 during his/her term
b. failure to enroll 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.
e. guilty of any criminal offense by a regular court.

SECTION 3. A resolution disqualifying a USC officer/s shall be signed by the remaining


officers and be passed to the SDAO. Such resolution should be proposed
only by the Executive Board.

SECTION 4. All USC officer/s shall be subject to impeachment under of any of the
following grounds:
a. Culpable violation of the constitution.
b. Gross inability to perform his/her official function as per stated in
Article VI except for Section 2.c.
c. Malversation of council funds.
d. holding incompatible office. Holding any executive position in other
student groups shall be deemed incompatible.

SECTION 5. An impeachment case can be initiated through a resolution by any of the


following :
a. majority of Executive Board;
b. majority of Legislative Board
c. any student through the endorsement of subsection a or b hereof.

SECTION 6. All impeachment cases shall be filed to the OSS through SDAO.

SECTION 7: An impeachment case can be filed against an officer only once during his
term of office.

SECTION 8. Any case of impeachment against any USC officers shall be deliberated
upon by the Executive Board and Legislative Board jointly in a special

Page 19 of 32
session called for the purpose. This shall be presided by the USC
president. However if it is the President who is under trial it shall be the
vice-president who shall preside. Any of whom shall have no voting
power. No officer shall be convicted without the concurrence of three-
fourths of all members present. The entire proceedings shall be
witnessed by the following: USC adviser, SDAO director and OSS dean.

SECTION 9. An impeachment case should be deliberated within thirty working days


upon filing of the case to the SDAO. Hearings should be at least done
twice a week.

SECTION10. Procedural and substantial due process shall be strictly observed on the
entire duration of the impeachment proceedings.

SECTION 11.Judgment in cases of impeachment shall not exceed further than removal
from office.

ARTICLE VIII
COMMITTEES OF THE UNIVERSITY STUDENT COUNCIL

SECTION 1: The University Student Council has the following standing


committees:

a. Direct Assistance Committee


It receives and processes request for emergency
assistance.

b. Advocacy and Publications Committee

It increases the level of student awareness and articulate


the stand of the USC by concretizing the Lasallian Guiding
Principles for Social Transformation which is summarized
by the following tenets:

Page 20 of 32
b.1 Mamulat, makiisa at kumilos
b.1.1 Mamulat (educate)
to conduct research, studies, fora and other
similar activities regarding issues within and
outside of the university.
b.1.2 Makiisa (be in solidarity with)
to be in solidarity with and collaboration with
the concerned sectors within and outside
the university.
b.1.3 Kumilos (mobilize)
to organize and mobilize the students to act
in accordance with the stand they have
taken on specific issues.

b.2 The primary vehicle and instrument of the USC in its


advocacies and related activities are as follows:
b.2.1 official publication of USC
b.2.2 all class presidents

c. Students Rights Committee

c.1 Its functions are the following:


b.1.1 receive formal complaints, suggestions and
criticisms from the students and process the same
for appropriate action with regards to the
universitys policies and school services;
b.1.2 provide representation for the students
brought before the Discipline board;
b.1.3 oversee and monitor the cases pending in
the Discipline Board and take whatever action
which may be deemed necessary to ensure
substantive and procedural due process and the

Page 21 of 32
speedy, impartial and competent disposition of
cases.

c.2 The USC will formulate and promulgate rules and


guidelines that will govern its paralegal services, in
consultation with all the concerned offices and
sectors within the University.

Events Committee

a.2 may propose projects, programs and activities that


shall be geared towards the full integration of the
students subject to the approval of the University
Student Council Executive Board.
a.3 implement projects, programs, and activities
together with the University Student Council
Executive Board
a.4 coordinates with various student groups for mutual
assistance and cooperation.

d. Special Projects Committee

It proposes and implements policies, projects, programs,


and activities geared towards the holistic development of
the Lasallian community and its partner entities.

Page 22 of 32
ARTICLE IX

MEETINGS

SECTION 1 Regular Meetings

The following shall hold regular meetings:

a. Executive Board
b. Executive and Legislative Board
c. Executive Board and Committee Heads
d. Legislative Board

The holding of regular meetings will be determined at the start of


their term. The foregoing shall be strictly followed.

SECTION 2 Special Meetings

The abovementioned shall hold special/emergency meetings as


the need arises.

SECTION 3 There shall be a quorum if majority (50 percent plus one) of all the
members called for the meeting are present.

SECTION 4 During the regular and special meetings, the University Student
Council Adviser shall be duly notified. His/her presence is required
if deemed necessary.

ARTICLE X

THE UNIVERSITY STUDENT COUNCIL ADVISER

SECTION 1 The University Student Council shall have an adviser from De La


Salle University-Dasmarias who is a regular full-time faculty
member.

SECTION 2 The University Student Council Adviser shall be chosen from


among three (3) nominees submitted by the University Student
Council Executive Board to the SDAO. The administration,
through the Office of Student Services appoints the adviser.

SECTION 3
The term of the USC Adviser shall be co-terminus with the USC
Executive Board.

Page 23 of 32
SECTION 4 The University Student Council Adviser shall have the following
functions:
a. advise the University Student Council;
b. maintain liaison between the University Student Council and
the administration;
c. maintain close relations with the duly elected officers of the
Council and work in accordance with the goals and principles
of this Constitution;
d. accompany the USC Executive Board in activities if deemed
necessary by the nature thereof; and
e. sign all resolutions, communication, and papers of the
University Student Council.

SECTION 5 The University Student Council Adviser shall have no voting


power.

ARTICLE XI

FUNDING OF THE COUNCIL

SECTION 1 The University Student Council Fund shall come from a fixed
contribution of every student enrolled during current school year
and other sources derived from approved fund raising projects.

SECTION 2 The amount of contribution shall be determined by the Technical


Review Committee on Tuition Fee Increase and collected upon
enrollment for the first semester, second semester, and summer
term.

SECTION 3 The collection of the fixed contribution shall be undertaken by the


Accounting Office.

SECTION 4 All expenses of the council shall be paid out from this fund in
accordance with approved university guidelines on accounting and
auditing rules and procedures.

SECTION 5 All other authorized collections by the University Student Council,


through the Accounting Office for a special purpose shall be used
for such purposes only. Should there be a balance from such
fund, it shall be automatically transferred to the general fund of the
council.

SECTION 6 The balance of the University Student Council Fund for a specific
term shall be added to the fund for the next term.

SECTION 7 For all purposes of this fund, the incumbent officers and their
successors must use this fund to benefit the students in general.

Page 24 of 32
ARTICLE XII
MAGISTRATE

Section 1 The Magistrate shall enjoy the following powers:


a. Exercise exclusive original jurisdiction in settling actual controversies
involving the interpretation of this Constitution.
b. Exercise exclusive appellate jurisdiction in hearing decisions in
impeachment proceedings.
c. Review resolution and motion passed by the USC EB and LB upon
proper petition of an affected party.

Section 2 For section1 a., the power of interpreting this constitution shall be vested
in the Magistrate. In case of vagueness to the provision of this
Constitution, the proper authority to resolve this shall be the Magistrate.

Section 3. The Magistrate shall be composed of the following:

1. Dean of the Student Services


2. University Student Council President
3. Council of Student Organizations President
4. University Student Commission on Election Chairperson
5. Heraldo Filipino Editor-in-Chief

Section 4. The Dean of the Student Services shall be acting as the overall
Chairperson of the Magistrate. The chairperson shall preside in all cases
while the remaining officers shall accompany him in rendering decision.
Each office is entitled to one vote.

Whenever ambiguity still arises, the magistrate can seek outside opinion
coming from the original members of the constitutional convention.

All cases and decisions shall be rendered sitting en banc.

Page 25 of 32
Section 5. A motion asking for proper interpretation or settling of actual
controversies shall be filed before the office of the chairperson. When the
chairperson sees merit on the motion, the Magistrate shall immediately
convene. They must resolve the issue within thirty (30) days otherwise
such motion shall be granted favorably to the request of the petitioner.

Section 6. If a resolution or a motion is being questioned, the Magistrate has the


power to restrain its effectivity until the issue has been decided en banc
within thirty (30) days. The same will apply if the thirty (30) days period
expired in accordance to Section 4.

Section 7. All documents and decisions rendered by the Magistrate shall be put into
writing and stored in a separate file for review of cases where the same
facts and issues have been presented for proper disposition.

Section 8. The Magistrate shall observe the principle of stare decisis while rendering
its decision. The proponent of the motion shall be the one to prove its
cause and merit while the representative coming from the USC EB shall
defend the constitutionality of its act.

(For purposes of this provision, stare decisis is literally defined as not


abandoning what is settled. This means the decision laid down by the
Magistrate shall be used, if ever in succeeding cases same facts and
issues are involved).
Section 9. For section 1.b., cases on impeachment heard on appeal shall be
decided en banc. To affirm or reverse decisions of the impeachment
body, majority vote of the members sitting en banc is required.
Magistrates decision shall be made within ten (10) working days upon
receipt of the appeal from the petitioner.

.Section 10. All decisions rendered by the Magistrate shall be deemed final and
executory unless amended, revised, or reversed by the same body sitting
en banc.

Page 26 of 32
ARTICLE XIII
AMENDMENTS AND REVISION OF THE CONSTITUTION

SECTION 1. The amendment and the revision of the Constitution may be made only
under the rules and procedures as follows:

a. a motion for amendment and revision must be proposed by the


Legislative Board subject for the approval of three-fourths (3/4) by the
following offices entitled for one vote:

a.1 University Student Council Executive Board


a.2 Legislative Board
a.3 Council of Student Organizations Executive Board
a.4 Heraldo Filipino Editorial Board
a.5 Council of Presidents of Performing Arts Group
a.6 University Student Commission on Election
a.7 Student Auxiliary Group
a.8 Office of the Student Services

b. a motion for amendment and revision must be proposed in the form of


a draft constitution to be considered in the deliberation with the
University Executive Board, subject for use by the legislative and
executive boards separate approval.

SECTION 2. Upon the approval of the motion, the University Student Council Executive
Board will determine the mode of convening and forming a body entitled
to amend or revise the constitution. The following can be used for specific
purpose:

a. Constitutional Convention for the purpose of revising the


constitution. Each member will be coming from the following:

Page 27 of 32
a.1 University Student Council Executive Board
a.2 Legislative Board
a.3 Council of Student Organizations Executive Board
a.4 Heraldo Filipino Editorial Board
a.5 Council of Presidents of Performing Arts Group
a.6 University Student Commission on Election
a.7 Student Auxiliary Group
a.8 Office of the Student Services

b. Constitutional Assembly convening the legislative board limited for


amending the constitution.

SECTION 3. Students initiative is limited to amendment upon petition of twenty


percent (20%) of the total population of the students. The petition to
amend shall embrace a specific title of which to be changed. The petition
must also include the draft of the proposed amendment to the
constitution. Upon reaching the target percentage needed for the
initiative, the proponents will submit the proposal to the Legislative Board
for approval.

SECTION 4. No amendment or revision shall be authorized within two (2) years


following the ratification of the constitution. The constitution can only be
amended once every other year.

Page 28 of 32
RATIFICATION

SECTION 1. Ratification Any amendment of, or revision of this constitution shall be


valid upon the ratification of a majority votes of the students cast by the
University Student Commission on Election during the plebiscite called
for.
There must be a period allotted for campaigning of the constitution
to be organized by the convention called for. After the approval of the
convention, it must be presented for not more than two (2) months unless
otherwise the proposed constitution will be revoked.

ARTICLE XIV
TRANSITORY PROVISIONS

Section 1. This Constitution shall take effect immediately after its ratification through
a majority votes cast on a plebiscite.

Section 2. The qualifications set herein shall only govern the candidates starting
school year 2009-2010.

Section 3. This Constitution shall serve as the basic and paramount law of all
elected student leaders in this university (USC, CSCs). Any document
which is contrary to the provisions herein shall be held null and void.
Notwithstanding this, it is also accepted that every college council has
some distinct and separate attributes necessary for the performance of
their functions. Due to this, this constitution allows exceptions for the
benefit of the college councils. The following provisions shall serve as
exceptions, and may not be observed by the college councils:

a. Article 5 Sec. 1 and 4


b. Article 6 Sec. 7 and 8
c. Article 8
d. Article 10

Page 29 of 32
To maintain those which are distinct with the CSCs, each of them shall
make those as part of their Internal Rules which shall be in accordance
with the provisions of this Constitution.

Section 4 For the provisions on Article 12 which calls on the other recognized
student groups (HF, CSO, USCE) to be part of the Magistrate, they shall
also be bound by its supremacy to abide its mandate.

The foregoing proposed Constitution of University Student Council was approved by the
Students Constitutional Convention of 2007 on the nineteenth day of January, Two
Thousand and Eight and accordingly signed on the same day at the Conference room B
of the Severino de Las Alas Building, De La Salle University Dasmarias, Cavite by
the delegates whose signatures are affixed in a separate resolution adopting the same.

Page 30 of 32
The Delegates to the 2007 Students Constitutional Convention

Officers

Chairman
Julius D. Rocas

Co-Chairman
Jerry Digo

Secretariat
Ana Marie Balanquit
Levimin Jose
Jihan Ledesma

Sgt. at Arms
Mica Marie Gregorio
Jordan Dimapilis

Consultant
Mr. Albert John R. Puchero
Faculty

Page 31 of 32
MEMBERS
University Student Council College of Law Enforcement Student
Joymay Amihan Council
Melo Jean Trios Emmanuelle Jude Garcesa
Maria May Manalo
University Student Commission on
Elections
Paula Yvette Farias College of Business Administration

Marc Jeffrey Sioco Student Council


Noel Andres

College of Liberal Arts Student Marie Bernadine Castillo


Council
Leonard Lhey Hayag College of Engineering, Architecture

Gerwin Panghulan and Technology Student Council


Ariel Riel

College of Science Student Council Ryan Dave Remulla

Ian Lordeo Gutierrez


Hernan Pantolla Council of Student Organizations
Michael Manguerra
College of International Hospitality Neil Noe Reyes
Management Student Council
Karen Kathleen Garcia Performing Arts Group

Alvin Gimao Michael Tacsay


Teofilyn Ferido

College of Education Student Council


Giezel Marasigan Student Auxiliary Group

Dianne Delos Santos Anthomy Signey


Rose Antoinette Juanillo

Heraldo Filipino
Regilin Hernandez

Page 32 of 32

You might also like