2008 Constitution of the University Student Council

7/31/2019 2008 Constitution of the University Student Council

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THE 2008 CONSTITUTION OFTHE UNIVERSITY STUDENT

COUNCIL

On December 7,-9, December 14, 21-22, 28, while all of you are enjoying your Yuletide vacation, your

student leaders all across this university, sat as delegates to the CONSTITUTIONAL CONVENTION andgathered to deliberate, argue and agreed democratically and came up with a document known as the

2007 New USC Constitution. This precious document shall govern every student in this univers ity.

Truly, A LASTING LEGACY FOR STUDENTS! (A Perpetuus Legatum Pro Discipulus )


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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 UniversityDasmarias (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 University Student Council as mandated by the students shall be the officialrepresentative 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.

a. DemocraticInternal 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.


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b. 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 University Student Council has full control over its political functions guided by the

provisions of the Student Handbook and existing laws.

b.3. Fiscal Autonomy

The University Student Council 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.

SECTION 5:The University Student Council believes that there should be amicable ties with

other schools, universities and organizations nationwide, especially within the Southern

Tagalog region.

SECTION 6:The University Student Council believes in the development of the total person under

the Lasallian core values of spirit of faith, zeal for service and communion in mission.


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SECTION 7:The University Student Council believes in the development of the individual students

potential to effect change which can be achieved by advancing his/her right and

welfare.

SECTION 8:

The University Student Council believes in academic freedom as a prerequisite to ascientific, national ist and mass-oriented education and the development of the

Lasallian student as a total person.

SECTION 9:The University Student Council believes that the rights and welfare of the

individual student should be upheld and defended at all t imes.

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 responsibili ty 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.

SECTION 13:

The University Student Council adheres to the legal principle of in loco parentis.

Herein, the school, i ts administrators and teachers shall have special parental authority and

responsibili ty overstudents while under their supervision, instruction orcustody.

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 notcontrary to the provisions of this Constitution.


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ARTICLE III

BILL OF STUDENT RIGHTS

SECTION 1:Right to academic freedom.

a. Right to quality education.

b. Every student has the right to pursue knowledge without undue restrictions.

c. Every student has the right to have related learning experiences e.g. Field trips, film

showing, research, seminars, etc.

d. 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.

e. 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 unti l prior delinquencies are fully paid.

f. Right of the students, through Student Council

Officersas representative in any decision making of the University and

College that affects the student in general,

g. Right to be provided with a written course syllabus on the first week of the semest er.

h. Right to see their duly corrected examinat ion papers which have bearing in their final

grades.

i. 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

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 authorit ies, and withoutthreat of


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being in any way penalized or punished by authorit ies. This includes the right against

news blackouts

c. Right to mount ing and circulation of posters, banners, wal l news, leaflets,brochures

and other related materials in accordance to lim itations imposed by the

institution.

SECTION 4:

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

contrary to law.

SECTION 5:

Right to information.

a. Every student has the right to information on matters of student concerns which

includes but not limited to: academic records and evaluation. Access to other 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 tow ard 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 Informed abouttuition fee

increase before its implementation.

e. Right to a refund, in accordance to the policy of the university and the memorandum

of the Commission on Higher Education (CHED).

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 follow ing instances, no search or seizure of a student shall be

deemed valid:

1. Searches made at the ingress or egress by persons in authority of the school.

2. Illegal articles that are discovered inadvertently and in plain view by authorized

personnel.

3. Searches and seizures made w hen the student is about to commit , committ ing or

has just committed a crime or major offense as stipulated in the student

handbook.

4. Searches made with a val id search warrant.

SECTION 7:Right against excessive fees.

a. Every student has the right against excessive, unreasonable and involuntary fees.


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b. Every student has the right againstexcessive compulsory

contributions for matters and activ ities 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 tuit ion fee

increases 90 days before its implementation.

SECTION 8:

Right to suffrage.

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

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

proceeding.h. Every student has the right to appeal any decision within the University and even

before the CHED 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 unti l 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 all other rights as guaranteed in Article III of the 1987 Philippine Constitution.


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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 wi ll 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 priv ileges responsibly.

e. directly and actively participate and support the activit ies, programs and projects of

the University Student Council, 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 schools properties, facilit ies 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)

b. Legislative Board

b.1 Presidents of different College Council as official representatives

SECTION 2:

The University Student Council 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.


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SECTION 3:

The term of office of all University Student Council shall commence on the first

day of May and w ill end on the last day of April. All officers shall be entit led for re-election.

SECTION 4:The University Student Council candidates must meet the follow ing 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. How ever, such candidates may appeal to the COMELEC if load for a

semester is low er than 15 units, as certified by his/her College Dean

c. Stay for at least one year in the university after the election

d. Not have been found guilty in 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).

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 l imited to the follow ing:

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.


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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.

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 shal l, however, serve only for the unexpired term.

SECTION 10:

In case none of the members of LB 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:

Upon the lapse of seven (7) working days and the LBs failed to submit names of their

recommendee/s, the USC EB reserves the right to deliberate and consequently appoint

qualified student/s to fill up vacant post/s through a resolution. The LB 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 unt il such vacancy ceases to exist.

SECTION 14:In case of temporary in both of the offices of the President and Vice President, the

remaining members of the USC EB shall elect among themselves the acting president until such

vacancy ceases to exist.


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SECTION 15:

If any of the offices of the EB aside from the Presidency becomes temporarily vacant,

the President shall appoint Officer/s-in-Charge from the EB without relinquishing their original

post unti l 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;

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 committeesh. 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


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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 activ ity;

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;

c. Screens all project proposal prepared by other Executive Board and submits thesame 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 University Student Council

e. perform all other functions delegated by the President.


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SECTION 8: Legislative Board

a. Exercises legislative powers manifested through resolutions.

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

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

deemed approved.

Legislative pow ers 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

b. May conduct inquiries and investigat ions 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.

ARTICLE VII

ACCOUNTABILITY OF STUDENT LEADERS/OFFICERS

SECTION 1:

All student leaders must set an example to their fellow students. They must be guided bythe 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

patriot ic 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:

a.1 immediately before his/her term

a.2 during his/her term

b. failure to enroll during his/her term of office


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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 committ ing a major offense.

e. guil ty 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 follow ing

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 the Executive Board;

b. majority of the 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 joint ly in a special 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 w hom shall have no vot ing power.

No officer shall be convicted without the concurrence of three- fourths of all members

present. The entire proceedings shall be witnessed by the follow ing: USC adviser, SDAO

director and OSS dean.


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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 entireduration 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:

b.1 Mamulat, maki isa at kumilos

b.1.1Mamulat (educate)

to conduct research, studies, fora and other similar activities regarding Issues

within and outside of the university.

b.1.2Makiisa (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


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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:

c.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;

c.1.2 provide representation for the students brought before the

Discipline board;

c.1.3 oversee and monitor the cases pending in the Discipl ine Board and

take whatever action which may be deemed necessary to ensure

substant ive and procedural due process and the 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.

d. Events Committee

d.1 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.d.2 implement projects, programs, and activities together with the

University Student Council Executive Board

d.3 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.

ARTICLE IX

MEETINGS


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SECTION 1:

Regular Meetings

The following shall hold regular meetings:

a. Executive Boardb. Executive and Legislative Board

c. Executive Board and Commit tee 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) nomineessubmitted 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.


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SECTION 4:

The University Student Council Adviser shall have the follow ing 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:


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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

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 shal l 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.


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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.


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ARTICLE XII I

AMENDMENTS AND REVISION OF THE CONSTITUTION

SECTION 1:

The amendment and the revision of the Constitution may be made only under the rulesand procedures as follows:

a. a mot ion 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 revisingthe

constitution. Each member will be coming from the following:

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 Groupa.8 Office of the Student Services

b. Constitutional Assembly convening the legislative board limited for amending the

constitution.


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SECTION 3:Students init iative i s limited to amendment upon petition of twenty percent

(20%) of the total population of the students. The petit ion to amend shall embrace a

specific tit le 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.

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 dist inct and separate att ributes necessary for the

performance of their functions. Due to this, this constitution allow s exceptions for the

benefit of the college councils. The follow ing prov isions shall serve as exceptions, and may

not be observed by the college councils:


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a. Article 5 Sec. 1 and 4

b. Article 6 Sec. 7 and 8

c. Article 8

d. Article 10

To maintain those which are distinct with the CSCs, each of them shall make those as partof 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.

Documents

2008 Constitution of the University Student Council