SAMAHAN Local Government Code

Declaration of Policy

Section 1. It is the policy of the SAMAHAN that it shall recognize local student councils as its
primary political subdivisions. They enjoy genuine and meaningful autonomy where they can be
effective bodies that truly realize the interests and aspirations of students and actively defend their
rights and welfare.

Section 2. It is equally the policy of the SAMAHAN to develop a sense of responsibility and
accountability among local student councils by conducting a mandatory review of this Code,
ensuring the efficient and effective management of their finances and assets, and to grant the
powers of initiative and referendum to a cluster’s students.

Section 3. It is further the policy of the SAMAHAN to require all SAMAHAN committees or
departments to conduct consultations with affected local student councils, student organizations,
and other concerned actors in a cluster before any policy, project, or program is implemented
within and throughout their jurisdictions.

Definition of Terms

Section 1. The following terms are defined as:

a. “Bona-fide students” are students officially enrolled in the University.

b. “Fiscal and asset management” is the efficient and effective management and use of a local
student council’s resources such as its finances and assets.
c. “Formal proceeding” is a requested action or procedure to a body secure a benefit, interest,
or remedy on an issue or concern.
d. “General powers” are powers exclusively exercised by local student councils as provided
by this Code.
e. “Inside-campus organizations” are organizations based within the University campus.
These include student organizations and University offices.
f. “Internal affairs and governance” is the administration of the inner workings or processes
of a local student council.
g. “Internal rules of procedures” are rules that govern the internal affairs and governance of
a local student council such as its organization, the implementation of such rules, and the
imposition of sanctions.
h. “Jurisdiction” is the extent and scope of the authority of local student councils.
i. “Local constitutions” are political and legal documents that state the basic policies and
principles of a local student council.
j. “Local student councils” are the basic political subdivisions of the SAMAHAN among the
clusters of the University.
k. “Naming conventions” are the generally-agreed schemes of a local student council for the
designating a thing.
 l. “Outside-campus organizations” are organization based outside the University campus.
These include association, government agencies, non-government organizations,
enterprises, and corporations.
m. “Permanent offices” are positions of power mandated by this Code which local student
councils must possess and include in their local constitutions and internal rules of
procedures.
n. “Reserved powers” are powers exclusively exercised by the SAMAHAN Central Board
under Section 3 of Article VI of the SAMAHAN Constitution.
o. “Shared powers” are powers shared and exercised by both the local student councils and
the SAMAHAN Central Board.

Article I. Scope of Application

Section 1. This Code shall apply to the SAMAHAN Central Board and all the local student
councils of each cluster of the University and to any other cluster created, merged, or divided by
the University.

Article II. Local Student Councils

Section 1. Role of the Local Student Council. – As the basic political subdivision of the
SAMAHAN, the local student council serves as one of the primary planning and implementing
arms of its policies, projects, and programs within the University’s clusters. In such planning and
implementation, they work closely and cooperatively with SAMAHAN while also enjoying
autonomy in the management and conduct of their cluster’s affairs. Likewise, they are institutions
in the forefront of upholding the welfare and interests of the studentry.

Section 2. Creation of Local Student Councils. – The creation of a local student council shall be
conducted through the following:

a. Upon the creation, merging, or division of a cluster by the University, the cluster’s bona-
fide students may initiate a general assembly where they decide upon a proposal whether
or not to form a local student council and create the council’s draft constitution.
b. The general assembly may establish a local constitutional commission or act as a local
constitutional assembly, whatever it sees fit, to draft the council’s local constitution. It shall
have sixty (60) days to draft their local constitution.
c. Upon expiry of the sixty (60) days, a voting process shall be held by the Commission on
Elections on the proposal to form a local student council and on the draft constitution.
d. A 60% majority vote among the bona-fide students of the cluster is required to successfully
pass the proposal and recognize the local constitution. Failure to pass this requirement shall
mean the defeat of both the proposal and the draft constitution.
 e. When the 60% requirement has been reached, an interim administration shall be established
composed of an interim cluster representative, interim external vice-president, and interim
internal vice-president.
f. The interim administration shall be appointed by a three-fourths majority vote of the
SAMAHAN Central Board with the SAMAHAN President voting only to break a tie.
g. The interim administration shall enjoy the same powers as a local student council as
granted by this Code. They shall serve a term of office of one academic year until the
official turn-over of the previous administration of SAMAHAN Central Board to the new
one.

Section 3. Admission to the SAMAHAN Central Board. – Upon the establishment of an interim
administration, it shall send a formal request to the SAMAHAN Central Board explicitly and
clearly requesting its admission.

The SAMAHAN President may or may not veto the request for admission. If the request was
vetoed, the SAMAHAN Central Board may override the veto with a three-fourths majority vote.
Override of the veto or approval of the request confirms the admission and allocation of a seat and
a grant of voting power within the SAMAHAN Central Board to the local student council.

Section 4. Abolishment of Local Student Councils. – The abolishment of local student councils
shall be determined when the University officially abolishes a cluster. In this case, if the bona-fide
students of the abolished cluster seek to form a local student council in their created, merged, or
divided cluster, the same procedure on Section 2 of Article III shall be followed.

Article III. Naming Conventions for Local Student Councils

Section 1. For the purposes of this Code, local student council/s shall be the official naming
convention for each clusters’ local student council with a duly elected representative to the
SAMAHAN Central Board.

Such convention embraces both the executive and legislative powers granted to local student
councils by this Code.

Section 2. Local student councils, however, shall enjoy discretion as to what naming convention
they will adopt in practice.

Article IV. General Powers of Local Student Councils

Section 1. The general powers exclusive to local student councils are the following:

a. Represent and defend the interests and welfare of the students within their cluster;
b. Provide avenues of participation and empowerment among students within their cluster;
c. Resolve issues and concerns among students within their cluster at a reasonable timeframe;
 d. Craft local policies, programs, and projects for the benefit of the students within their
cluster, provided that these policies, programs, and policies do not infringe on the reserved
powers of the SAMAHAN Central Board;
e. Initiate and implement local policies, programs and projects within their cluster;
f. Formulate internal checks and balances to guarantee that such local policies, programs, and
projects achieved their goals and objectives;
g. Guarantee the effectiveness and efficiency of their local student councils such as but not
limited to the selection of competent officers, adoption of best practices, and the practice
of cost-effective methods on budget and asset management;
h. Decide on the internal affairs and governance of their local student councils such as but not
limited to the creation of their local constitutions, internal procedures, organizational
structures, ensuring the conduct and discipline of their officers, partnering with inside-
campus and outside-campus organizations, and the like;
i. Consult and cooperate actively within their cluster’s faculty or administration in resolving
issues or concern;
j. Guarantee that the exercise of such general powers do not infringe on the reserved powers
of the SAMAHAN Central Board;
k. Create positions or committees within their local student councils necessary to discharge
the mentioned general powers.

Article V. Reserved Powers of the SAMAHAN Central Board

Section 1. The reserved powers exclusive to the SAMAHAN Central Board are the following:

a. Act as the overall governing and representative authority of the studentry, whether within
or outside the University;
b. Work towards the fair and effective representation of the students within all University
bodies whose powers or decisions affect the studentry;
c. Advise the University administration in the appointment or removal of the Director of the
Office of Student Affairs;
d. Formulate policies that improve the welfare and advance the interests of the studentry;
e. Create additional committees or departments within the SAMAHAN Central Board to
discharge its powers and responsibilities;
f. Conduct the election of class officers during the first and second semesters of the school
year;
g. Create procedures for the internal affairs and governance of the SAMAHAN Central
Board;
h. Approve and disburse funds to the branches of SAMAHAN, its committees or departments,
and the local student councils.
Section 2. Any other power not stipulated in this article or in the articles of this Code shall remain
as the reserved powers of the SAMAHAN Central Board as provided in Section 3, Article VI of
the SAMAHAN Constitution.

Article VI. Shared Powers of SAMAHAN Central Board and Local Student Councils

Section 1. The shared powers enjoyed by both the SAMAHAN Central Board and the local student
councils are the following:

a. Provide mutual assistance in upholding the welfare and interests of the studentry;
b. Ensure cooperation on the planning and implementation of each other’s plans, programs,
and projects;
c. Build consensus on issues and concerns affecting students throughout the different clusters;
d. Seek redress, within proper avenues, when student rights guaranteed by the Constitution or
any other legislation are infringed or violated;
e. Advocate changes in existing University policies or processes for the benefit of the
students.

Article VII. Jurisdiction

Section 1. The jurisdiction of a local student council shall only fall to matters in its own cluster.

Section 2. Any other matters concerning the entirety of the studentry or multiple clusters shall fall
under the jurisdiction of the SAMAHAN Central Board.

Section 3. Any conflict on jurisdiction shall be resolved by the SAMAHAN Central Board in a
formal proceeding within thirty (30) days from the filing of a complaint by a local student council.
A three-fourths majority is required to effect a decision with the SAMAHAN President voting
only to break a tie.

Section 4. The local student councils involved in the conflict shall not enjoy voting power during
the proceedings and shall only act as either complainant or respondent. Further, they may appoint
a qualified legal counsel.

Section 5. In the instance the complainant or respondent do not find the decision satisfactory, an
appeal to the Office of Student Affairs shall be filed. The decision made by the Office of Student
Affairs on the conflict is deemed final and irrevocable.

Article VIII. Permanent Offices of Local Student Councils

Section 1. Local student councils shall have three permanent offices within their local constitutions
and organizational structure. They shall equally strive to fill these permanent offices and to not
leave them vacant. These permanent officers are the following:

a. Office of the Cluster Representative

 b. Office of the Vice-President (whether external or internal)

Section 2. Local student councils shall enjoy the discretion in determining what powers and
responsibilities the permanent positions hold, provided that:

a. The powers and responsibilities are clearly and explicitly defined by their local
constitutions;
b. That such do not infringe upon the overall powers and responsibilities of other offices in
the local student council nor the officers the SAMAHAN Central Board.

Section 3. Local student councils who adopt different naming conventions on the permanent
offices shall enjoy such privilege.

Section 4. Local student council found to have non-existing permanent offices in violation of this
Code shall be subject to appropriate action by the SAMAHAN Central Board. Such shall filing of
a formal complaint to the Office of Student Affairs.

The Office of Student Affairs shall then sanction the local student council.

Article IX. Internal Affairs and Governance

Section 1. Internal affairs and governance are a guarantee of the autonomy enjoyed by the local
student councils in the management of their cluster’s affairs. However, local student councils shall
exercise such guarantee responsibly, without malice or prejudice.

Section 2. In the exercise of local student councils on the guarantee of internal affairs and
governance, such exercise shall constitute the following:

a. Formulate their own local constitutions and internal rules of procedures, provided that they
do not expand nor limit their powers and responsibilities as local student councils, contrary
to the powers and responsibilities provided by this Code;
b. Establish their own organizational structures and create positions or committees when
necessary;
c. Ensure the discipline and conduct of their officers in accordance to their internal rules of
procedures;
d. Partner with inside-campus organizations such as University offices or student
organizations and outside-campus organizations such as associations, companies, non-
government organizations, and the like.

Section 3. Any SAMAHAN policy, program, or project directly interfering the internal affairs and
governance of a local student council which willfully infringes their autonomy and lacks their
expressed consent shall be deemed as a violation of this Code.

A complaint may be filed to the Office of Student Affairs by the local student council. The decision
of the Office of Student Affairs on the complaint is deemed final and irrevocable.
Section 4. When a complaint has been filed alleging abuse of the guarantee with malice or
prejudice by the local student council and when probable cause has been established, the
SAMAHAN Central Board shall have fifteen (15) days upon receipt, to resolve the complaint
through a formal proceeding. A three-fourths majority of the SAMAHAN Central Board is
required to effect a decision with the SAMAHAN President voting only to break a tie.

Both the respondent local student council and the complainant shall not enjoy voting power. They
may, however, appoint a qualified legal counsel.

Section 5. In the instance the complainant or respondent do not find the decision satisfactory, an
appeal to the Office of Student Affairs shall be filed. The decision made by the Office of Student
Affairs to the conflict is deemed final and irrevocable.

Article X. Fiscal and Assets Management

Section 1. Local student councils enjoy the same autonomy in the utilization and acquisition of
funds and assets, provided that such use is reasonable and appropriate.

Section 2. No funds or assets shall be released unless duly appropriated by the local student council
and supported by official documents.

Section 4. Local student councils shall ensure transparency in the use of the SAMAHAN funds
allotted to them as well as their assets.

Section 5. Officers of local student councils who are signatories to the official documents which
authorize the use of the SAMAHAN funds or the use of its assets shall be held accountable and
responsible for such.

Section 6. The SAMAHAN Central Board reserves the right to maintain a permanent investigatory
body to audit the utilization of a local student council’s SAMAHAN funds in the instance
discrepancies or inconsistencies arise.

Article XI. Removal of Officers

Section 1. The removal of officers in local student council shall be only be done through the
following:

a. The removal of a cluster representative shall only be effected through an impeachment

complaint filed before the General Assembly under Article XIV of the SAMAHAN
Constitution. Other legal remedies such as but not limited to a writ of quo warranto cannot
effect the removal of a cluster representative.
b. The removal of officers ranked below the cluster representative such as the vice-president,
and all other officers of the local student council shall be provided for in each council’s
local constitutions or internal procedures. Such removal shall follow due process with fair
proceedings, qualified legal counsel, and guaranteed appeal.
Section 2. Officers ranked below the cluster representative who do not find the decision of their
removal satisfactory may appeal to the Office of the Student Affairs. The decision of the Office of
Student Affairs is deemed final and irrevocable.

Article XII. Initiative and Referendum

Section 1. Bona-fide students of a cluster shall be granted the powers of initiative and referendum
to further their participation and involvement within the cluster’s affairs. A local initiative is where
students of a cluster may propose or amend a local policy, project, or program to the cluster’s local
student council.

On the other hand, a local referendum is where bona-fide students of a cluster may approve or
amend a local policy, program, or project submitted to them by their cluster’s local student council.

Section 2. The procedure on initiative shall be the following:

a. Not less than 30% of the bona-fide students for clusters with populations of more than 500
students; not less than 25% of the bona-fide students for clusters with populations between
499 and 150 students; and not less than 20% of the bona-fide students for clusters with
populations less than 150 students may file a proposition to their local student council
proposing or amending a local policy, project, or program.
b. If no action was taken by local student council on the proposition within seven (7) days of
receipt, the petitioners may invoke its power of initiative to effect a formal notice to its
local student council.
c. The petitioners may select any officer from the SAMAHAN such as the SAMAHAN
Central Board, the Campus Clubs Organization, the General Assembly, or any officer or
member of the student organizations under the Campus Clubs Organization who shall assist
them in formulating their proposition. In case the petitioners opt not to select an officer or
member, they are encouraged to formulate and present their proposition in a clear and
precise manner.
d. The petitioners shall have fifteen (15) days to gather signatures in favor of their proposition
upon receipt of the formal notice of the local student council. The petitioner shall also send
a copy of the formal notice to the Commission on Elections to allow it to designate an
officer responsible for the maintaining the integrity and credibility of the gathering of
signatures.
e. The proposition shall be signed before an officer of the Commission on Elections in the
presence of either the petitioners or a representative of the petitioners. Stations for the
collection of signatures may be established if the petitioners desire so.
f. The signatures to be gathered by the petitioners should represent 50% + 1 of the entire
population of the cluster for the proposition to be voted upon by the local student council.
g. Upon the lapse of the fifteen (15) day period, the Commission on Elections shall certify
whether or not the required number of signatures was acquired, as provided in sub-clause
 (e) of this section. Failure to achieve the 50% + 1 requirement shall effect the defeat of the
proposition.
h. When the required number of signatures has been collected, the local student council shall
have ten (10) days to vote on the proposition. 60% of the local student council voting in
favor of the proposition shall effect its validity. If the proposition fails to gather enough
votes in its favor, the proposition is defeated.

Section 3. The proposition shall take effect fifteen (15) days after the local student council has
voted in its favor.

Section 4. The limitations of initiative are the following:

a. An initiative shall only be exercised once in an academic year;

b. The initiative shall only extend to matters or subjects where it does not violate, expand, or
limit neither the general powers granted to the local student council by this Code nor the
reserved powers guaranteed to the SAMAHAN Central Board by both this Code and the
SAMAHAN Constitution;
c. If at any time, the local student council decides to adopt the proposition before the gathering
of signatures, the initiative shall be deemed cancelled and the proposition considered as
legal and binding to the local student council.

Section 5. Local referendums shall be held under the following:

a. Local referendums shall be held and controlled by the Commission on Elections upon
receipt of a formal request from the clusters’ local student council.
b. Such referendums shall have a period of five (5) days where bona-fide students of the
cluster will vote upon the proposed policy, program, or project of the local student council.
The Commission on Elections shall then certify the results of the referendum upon its
conclusion.
c. For a referendum to pass, 60% of the total population of the cluster should vote in favor of
the proposal. Failure to achieve this requirement effects the defeat of the referendum.

Article XIV. Mandatory Review

Section 1. An annual mandatory review of this Code shall be conducted by the SAMAHAN Central
Board before the end of the school year with the primary objective of ensuring more effective and
efficient local governance among the local student councils.

Section 2. The results of the mandatory review shall be published in public spaces such as but not
limited to the SAMAHAN’s social media accounts, websites, or any of the student publications in
the University.

Article XV. Amendments

Section 1. Amendments to this Code may be proposed. It shall only be done once every two years
with a three-fourths vote to pass with the SAMAHAN President voting only to break a tie.

Article XVI. Separability Clause

Section 1. Any article or section in this Code found to be unconstitutional or invalid shall not
otherwise affect the implementation of its other articles or sections.

Article XVII. Effectivity Clause

Section 1. This Code shall take effect once it is published in either of the SAMAHAN’s social
media accounts, websites, or any of the student publications.
Approved in La Storta Retreat House, Davao City. In the year of our Lord, October 18.

JERRY LOUISE L HUERBANA MINA MICHAELA M. LIMBAGA

President Secretary-General
SAMAHAN Central Board SAMAHAN Central Board

FRANCIS FREDERICK A. CONSOLACION JORJANI S. SINSUAT

Internal Vice President External Vice President
SAMAHAN Central Board SAMAHAN Central Board

JACIN LOU S. PADILLO WEINONA SAM E. BARCIA

Treasurer Accountancy Representative
SAMAHAN Central Board SAMAHAN Central Board

JEHU MICAH P. MALABAR MARIANNE COLEEN D. YUSON

B&M Representative CS Representative
SAMAHAN Central Board SAMAHAN Central Board

JAN MARI L. TABLIGAN JORGE Q. EREDIANO, JR.

HumLet Representative NSM Representative
SAMAHAN Central Board SAMAHAN Central Board

WILFREDO A. GABRIENTO, JR. TERESA MARIE P. DUMANDAN

SEA Representative SOE Representative
SAMAHAN Central Board SAMAHAN Central Board

JEANELL A. DELA TIÑA PRINCESS LACE L. AWA

SON Representative Social Sciences Representative
SAMAHAN Central Board SAMAHAN Central Board
JUNIUS ANGELCRIS S. JUNSAY KATE ALISON S. TONG
Internal Vice President External Vice President
GACP CCO