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THE CONSTITUTION AND BY-LAWS OF THE COLLEGE STUDENT
GOVERNMENT
Cor Jesu College
Sacred Heart Avenue, Digos City
Province of Davao del Sur
PREAMBLE
We, the students of the College Department of Cor Jesu College,
imploring the aid of the Almighty God, in order to establish a
government that shall embody our ideals and aspirations, promote
the
common good, unite the studentry, protect and advance students
rights and build a harmonious, just, democratic and compassionate
Cor Jesu
Community, do ordain and promulgate this constitution.
ARTICLE I
NAME OF THE ORGANIZATION AND COAT OF ARMS
Section 1. This student government shall be officially called as
Cor
Jesu College College Student Government, hereinafter referred to
as CJC-CSG.
Section 2. The office of the College Student Government shall be
located at Cor Jesu College, Sacred Heart Avenue, Digos City,
Davao del Sur.
Section 3. The CJC-CSG shall have an official logo.
CIRCLE symbolizes unity and solidarity
LAUREL LEAVES symbolizes excellence in service
THE SACRED HEART CASTS ITS LIGHT TO THE BOOK implies
knowledge enlightened by the Sacred Heart of Jesus
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GAVEL symbolizes authority
SCALE symbolizes justice, love and commitment.
ARTICLE II MISSION STATEMENT
Section 1. The CJC-CSG, including all duly recognized clubs
and
organizations, Constitutional Commissions are hereby
generally committed to:
a.) Live-out the spirituality of the Sacred Heart of Jesus;
b.) Be agents of unity within Cor Jesu College Community;
and
c.) Actively participate in all activities catering to the
different
interests and skills of the students towards global and
professional competitiveness.
Section 2. The CJC-CSG is specifically committed to:
a.) Serve as an active force in projecting the sentiments
and
interests of the students in particular, to value their
uniqueness and dignity, and in general, to promote the physical,
moral, social and intellectual well-being of the
studentry.
b.) Provide the studentry with opportunities for a healthy
interaction needed in building a harmonious society by
molding the students to become competent professionals in the
future.
c.) Safeguard the students welfare in the formulation and
implementation of school policies and the formulation of
guidelines against redress of grievances.
d.) Uplift the spirituality among students through promoting
spiritual programs.
e.) Promote justice and love in order to protect students rights
and welfare.
f.) Foster a true spirit of nationalism and patriotism.
g.) Foster students love for the environment and fellowmen.
h.) Promote a cordial working relationship between the
studentry
and school administration for the attainment of a healthy
CJC community.
Section 3. The CJC-CSG will serve as a venue to practice
good
democratic processes in molding the students to become good
and active leaders in the society.
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Section 4. The CJC-CSG may enter into any partnership,
cooperation or engagement with organizations, external and
internal, for
the betterment of the studentry and the student government,
in accordance with the principles and values of the Institution
and the existing policies of this student
government.
Section 5. The CJC-CSG shall uphold its integrity by advocating
a responsible, transparent, just and efficient student
government.
ARTICLE III
ORGANIZATIONAL POWERS
Section 1. The CJC-CSG is an autonomous, democratic and
representative government.
Section 2. The CJC-CSG renounces violence as an instrument
for
redress of grievances and adheres to a policy of peace, love and
justice.
Section 3. The prime duty of the CJC-CSG is to protect and
preserve the rights, promote and uphold the common good of the
students.
Section 4. The CJC-CSG should be responsive to the needs of the
studentry within its capability.
Section 5. The CJC-CSG is committed to the planning and
implementing of a pro-student and pro-people program.
Section 6. The CJC-CSG instills a patriotic consciousness and
foster
social responsibility among the studentry.
Section 7. The CJC-CSG shall promote student empowerment
through
activities that enhance students skills and capabilities to
become a highly competitive individual.
Section 8. The CJC-CSG shall promote activities for the
upliftment of students spiritual life
ARTICLE IV
MEMBERSHIP
Section 1. Membership of CJC-CSG shall be based from the
following
grounds:
a. All bona fide college students of the existing divisions of
Cor Jesu College - College Department: Division of Business and
Accountancy (DBA), Teachers Education Division (TED),
Engineering and Technology Division (ETD), Computer Studies
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Division (CSD), Arts and Sciences Division (ASD), Health
Sciences Division and other division that may be created or
formed by the Institution are members of the College Student
Government. Students shall automatically become members
upon enrollment.
b. The Executive Council is the primary coordinating body of
the
studentry.
c. All bona fide students are identified as voting members.
Section 2.Students attendance in every activity spearheaded by
the
CJC-CSG is required in the signing of clearance by the
student
government or in the Student Services Center. Failure to attend
any activity shall be meted out with reasonable and fair
sanctions
as may be provided by law.
Section 3. All elected and appointed officers of the CJC-CSG
must at all
times be accountable to students with utmost responsibility,
integrity, transparency and efficiency.
ARTICLE V
BILL OF RIGHTS
Section 1. The students have the right to:
a.) Adequate support for quality education and welfare services
and
facilities.
b.) Upholding academic excellence through curricular, co-
curricular and extra-curricular activities within the bounds
of
the mission, vision and goals of the Institution.
c.) Full expression of their individual and collective views
on
institutional policies and matters of general interest.
d.) Invite and listen to persons of their own choice in
convocations
and other assemblies organized relative to students and
community affairs.
e.) Accurate information of the purposes, compositions and
functions of the existing bodies of the institution and any
other
body organized later that may directly or indirectly affect
them.
f.) Accurate information of the college regulations and policies
that
may directly or indirectly affect them, and any change of
the
above which will be effective only after having been
publicized.
g.) Be advised in writing of any change that may lead to any
disciplinary sanctions against them, and to have sufficient
time
in preparing for their cases.
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h.) Knowledge of the resolutions, decisions, and activities of
the
CSG.
i.) Recall representatives from office for any gross violation
of the
constitution and by-laws in accordance with Article XIV Section
2 of this Constitution and By-Laws.
j.) Form student organizations subject to the existing rules
or
regulations of the school and its mission and vision.
Section 2. No student shall be subjected to exploitation,
involuntary
servitude and cruel and unusual punishment.
Section 3. There shall be no ex-post facto rules or
regulations.
Section 4. No student shall be subjected to disciplinary
actions
without due process of law, nor shall any student be denied
equal
protection of the law.
Section 5. Every member of the student government is endowed
with
the right to suffrage and to participate in the affairs of the
student
government.
ARTICLE VI
STRUCTURE AND OPERATION
Section 1.
(1) The adviser/moderator of the CJC-CSG must have the
following
qualifications:
a. A Faculty member/non-teaching staff of the Institution
b. Must have experience in student leadership
(2) The adviser is selected with the concurrence of the
two-thirds
vote of all the Members of the Legislative Council during a
special or regular meeting called for such purpose with the
approval of the
CSG President.
(3) Adviser of the CJC-CSG can be replaced on the following
grounds:
i. Upon death, resignation, retirement or insanity of the
aforementioned.
ii. Grave abuse of authority, destruction of school
property/facilities and commission criminal acts.
iii. Any other forms of misconduct, which undermine the
dignity and integrity of the CJC-CSG.
iv. Upon the endorsement of the CSG President with the
concurrence of the Legislative Council.
(4)Any council of the CJC-CSG can select or appoint its own
moderator/adviser with the same required qualifications, upon
the
discretion of the Council.
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(5) The moderator, in cooperation with the Student Services
Center, is tasked with leading the CSG Management Council in which
shall
ensure that the student officers are oriented, and follow
protocols,
rules and procedures.
Section 2. The organizational structure of the CJC-CSG as
presented
below:
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THE COLLEGE STUDENTS
THE COLLEGE STUDENT
GOVERNMENT
LEGISLATIVE
COUNCIL
HOUSE
SPEAKER
DIVISION
REPRESENTATIVES
EXECUTIVE
COUNCIL
PRESIDENT
VICE PRESIDENT
CABINET
SECRETARIES
SUPREME
COURT
CHIEF
JUSTICE
ASSOCIATE
JUSTICES
AD HOC
COMMITTEES
WORKING
COMMITTEES
COMMISSION
ON
APPOINTMENTS
LOCAL
GOVERNMENT
UNITS
CONSTITUTIONAL
COMMISSIONS
COMMISSION
ON
ELECTIONS
DIVISION
GOVERNORS
VICE GOVERNORS
ASSOCIATION
OF COLLEGE
CLUBS AND ORGANIZATIONS
DIVISION
SECRETARIES
LOCAL
ASSEMBLY
BOARD
MEMBERS
CSG MANAGEMENT COUNCIL
CSG
MODERATOR/
ADVISER
DIRECTOR
OF STUDENT
SERVICES
DIVISION
CHAIRPERSON*
COMMISION
ON AUDIT
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a. The students are placed on top, for it is the prime duty of
the
CJC-CSG to serve, protect and preserve the rights and promote
and uphold the common good of the students, and the voice
and opinions of the studentry are the bases for the
decision-
making of the CJC-CSG.
b. The CJC-CSG body is composed of three major departments,
namely: the Executive and the Legislative Councils and the
Supreme Court.
Section 2. Members of the CJC-CSG are elected through secret
balloting by the college electorate. Each member shall then be
entitled to one vote provided that he/she is a bona fide student of
CJC-College Department.
Section 3. The selection process for positions is based on the
positions
found in the organizational structure of the CJC-CSG.
Furthermore, the officers designated may either be elected or
appointed. As such, positions like the president,
vice-president,
cabinet secretaries, governor, vice-governor, representatives
and
board members are the ones elected; while the commissioners
and
judicial officers are to be appointed by the President with the
express approval of the Commission on Appointments.
Section 4. The time frame for elections and appointments should
be within the academic year. In case of midterm vacancy, the
person
holding the next position shall automatically fill in the
vacancy.
Section 5. The adviser/moderator appointed by the CJC-CSG
officers
shall supervise the activities of the organization. He/she
is
expected to devote some of his time for the betterment of the
student government.
ARTICLE VII EXECUTIVE COUNCIL
Section 1.The executive power shall be vested in the President
of the CJC-CSG.
Section 2. No person may be elected as President unless he /she
is a bona fide college student, a resident for at least four (4)
consecutive semesters in this Institution, have a load of at least
15 units
during the semester when he/she ran for office.
Section 3.There shall be a Vice-President who shall have the
same
qualifications, term of office, and manner of election as
the
President. He/She may be removed from office in the same manner
as the President. The Vice-President may be appointed as
member of the cabinet but such appointment requires no
confirmation.
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Section 4.
a.)The President and Vice-President shall be elected by direct
vote
of the students for a term of one school year which shall begin
on
the morning of the first class day of the summer term next
following their election and shall end on the morning of the
same
day, one year thereafter.
b.) The President and Vice-President are deemed elected by a
majority vote where more than fifty percent (50%) of the
students
have cast their ballots.
c.)No President and Vice President-elect shall serve for more
than
one term in the same position.
d.) Unless otherwise provided by a legislative resolution,
the
regular election for the President and Vice-President shall be
held
within the first two weeks of March.
e.) The candidate having the highest number of votes shall
be
proclaimed elected, but in case two or more shall have an
equal
and highest number of votes, the majority of all the Members of
the Legislative Council shall forthwith choose one of them.
Section 5.
a.) The President-elect and Vice President-elect shall assume
office
at the beginning of their terms.
b.) If the President-elect fails to qualify, the
Vice-President-elect
shall act as president until the President-elect shall have
qualified. If a President shall not have been chosen, the
Vice-President elect
shall act as President until a President-elect shall have
been
chosen and qualified.
c.) In case of death, permanent disability, removal from office,
or
resignation by the President, the Vice-President shall become
the
President to serve the unexpired term. In case of death,
permanent disability, removal from office, or resignation of both,
the President
and the Vice-President, the Speaker of the Legislative Council
shall
become the President to serve the unexpired term.
Section 6. Whenever there is a vacancy in the office of the
Vice-President
during the term for which he was elected, the House Speaker of
the Legislative Council shall become the Vice-President to serve
the
unexpired term.
Section 7. The President, the Vice-President and the elected
and
appointed Secretaries shall not, unless otherwise provided in
this
Constitution, hold any other office of any club or
organization
during their tenure. They shall strictly avoid conflict of
interests in the conduct of their office.
Section 8. The President shall, within twenty days after the
opening of the school year, nominate and, with the consent of the
Commission
on Appointments, appoints the secretaries of the executive
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committees. He/she shall appoint all other officers of the
student
government whose appointments are either authorized by law or by
this Constitution and By-Laws to appoint.
The President shall have the power to make appointments
voluntarily if Commission on Appointments has not yet convened.
But such appointments shall remain effective only unless
disapproved by the Commission on Appointments.
Section 9. The President shall ensure that every local
government unit
is well-represented in different Cabinet positions, given that
each
cabinet committee has at least two representatives from each
division recommended by their respective governors.
Section 10. The President shall have control of the Executive
Council.
He/She shall ensure that the laws are faithfully executed.
Section 11.The Executive Council shall be composed of the
President as
chairman, Vice-President as vice-chairman and the elected
secretaries as members. They shall plan, organize, and execute
student activities. They shall coordinate any planned activities
of
the different local government units, clubs, and
organizations,
which involve the whole studentry.
The Elected Secretaries are:
i.Executive Secretary shall keep and take charge of all
records and documentation and communications of the
CSG.
ii. Sports Secretary shall administer sports activities of
the
CSG.
iii. SocioCultural Secretary shall administer socio cultural
activities of the CSG.
iv. Finance Secretary Shall handle the financial
documentation and budget consolidation.
v.External and Internal Affairs Secretary shall manage the
intergovernmental relations of the council and its relation
to the school.
vi.Academic Affairs Secretary shall carry out academic
activities of the CSG.
The Appointed Secretaries are:
i. Logistics Officer shall take charge of all and purchases,
and logistical matters of the CSG.
ii. Press Secretary shall be the spokesperson and documenter of
the CSG President Executive Council.
iii. Defense Secretary shall handle security matters.
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Section 12. All appointed secretaries are expected to possess
relevant
prior knowledge and experience on their respective positions.
They shall
serve the students with the utmost responsibility.
Section 13. The Executive Council shall prepare before the
opening of
the school year and submit to the Legislative Council within
fifteen
days from the opening of the School year the General
Appropriations Bill.
Section 14. The President may, if the Legislative Council has
not yet convened, disburse money for public purposes, in accordance
with
existing and duly approved procedures and subject to some
restrictions as may be provided by law, but shall not exceed
five (5) per centum of the total Student Activity Fund of the
semester of which such disbursement will occur.
Section 15. The President shall have the power to create any
committee or realign existing powers and functions delegated to
a
committee when students interests may require subject to
legislative approval.
Section 16. The President may establish or conduct significant
linkages,
partnerships or cooperation to other student councils,
non-government organizations and to the Government to advance
the
development agenda of the CJC-CSG, with paramount
consideration on the interest, integrity and welfare of the
studentry and of the Institution.
Section 17. The President shall submit to the Legislative
Council a copy of the semestral and annual report that pertains to
the
operations, activities and achievements of the Executive
Council,
within fifteen days from the end of every semester.
He/she shall also appear and address the studentry at the
beginning of every semester to give them information as to
the
programs of government to be implemented. He shall also appear
to them at the end of every semester a State of the School
Address
(SOSA) to provide them information of the operations and
achievements of the entire CJC-CSG.
ARTICLE VIII
LEGISLATIVE COUNCIL
Section 1. The legislative power shall be vested in the
Legislative Council except to the extent reserved to the studentry
by the
provision on initiative and referendum.
Section 2.
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(1) The Legislative Council shall be composed of three
representatives in each existing Division: one each for the
Freshman/Sophomore, Junior and Senior. not more than
eighteen,
who shall be elected at large by their respective divisions by
majority of the students where more than fifty per centum have cast
their ballots.
(2) No person may be elected as a representative unless he/she
is a bona fide college student, no failing grades in the preceding
semesters, enrolled in this Institution for at least two
consecutive
semesters with a subject load of at least fifteen (15) units per
semester and a representative in accordance with his/her year
level.
Section 3. In case of vacancy, the Division Governor shall
nominate a
representative from the level of which such vacancy occurs,
with
the consent of the majority of all the Members of the
Legislative
Council, to serve the unexpired term. In no case shall any
Member be served in temporary or acting capacity.
Section 4. The members of the Legislative Council shall be
elected for a term of one school year, which shall begin, unless
otherwise
provided by a resolution, on the morning of the first class day
of
summer next following their election.
No Member of the Legislative Council shall serve for more
than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption
in
the continuity of his/her service for the full term for which
he/she
was elected.
Section 5. Members of the Legislative Council shall enjoy
responsible
freedom of speech and of expression for any speech or debate
during their session.
Section 6.
(1) A majority of the Legislative Council shall constitute a
quorum to do business, but a smaller number may adjourn from
time to time and may compel the attendance of the absent Members
in such manner and under such penalties, as the
Council may provide.
(2) The Legislative Council shall elect its House Speaker by a
majority vote of all its members. The Body shall choose such
other
officers, as it may deem necessary.
(3) The Legislative Council shall promulgate its rules of
proceedings, shall keep the records of its proceedings and
shall
provide guidelines on all matters that are within its duties and
responsibilities.
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Section 7. With the concurrence of two-thirds of all its
Members,
suspend or expel a Member for disorderly behavior. Imposition of
the penalty of suspension shall not exceed forty days.
Section 8. The Legislative Council shall at any time convene
twice every
Friday of the month for its regular session, or unless a
different day is fixed by a resolution. The House Speaker or by the
majority
of all its Members may call a special session at any time.
Section 9.
(1) The Legislative Council shall determine and enact measures
embodied in the General Appropriations Bill submitted by the
President, within fifteen days from the submission thereof.
(2) The Legislative Council shall not increase the
appropriations
recommended by the President for the operation of the
College
Student Government as specified in the budget.
(3) Government funds shall be appropriated and disbursed
only
for public purposes to be supported by appropriate documents
and
subject to such guidelines as may be provided by law.
(4) No money shall be withdrawn or disbursed except by the
approval of the Legislative Council unless provided by law.
Section 10. No money shall be forcibly collected from the
studentry,
unless provided by a legislative resolution and particularly
specifying the purpose for which it is intended.
Section 11. No increase of the Student Activity Fund shall
be
allowed without conducting a public hearing and other
requirements as the law may provide.
Section 12. Every bill passed by the Legislative Council shall,
before it becomes a law, be presented to the President and to
the
Adviser for their consideration. If one of them vetoes it, it
shall be
returned to the Council to reconsider it. If, after such
reconsideration, all of the Members shall agree to pass the bill,
it
shall become a law. The President or the Adviser shall
communicate their veto of any bill within five days after the
date of receipt thereof; otherwise, it shall become a law as if
they had
signed it.
Section 13. The Legislative Council has the power to scrutinize
any budget expenditures and look for sources of financing for
the
general appropriations proposed by the President.
Section 14. The Legislative Council or any of its committees may
conduct inquiries and investigation in aid of legislation in
accordance with its rules of proceeding. The right of students
or
persons appearing therein shall be respected at all times.
Committee Secretaries, Division Officers and other
government officers under the jurisdiction of the CSG with the
consent of the President or the Members of the Constitutional
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Commissions with the consent of its respective Chairmen,
upon
the written request of the Council, as the rules of proceedings
shall provide, appear before and be heard by the Council on any
matter
pertaining to their office. Written questions and the purpose
of
such request to appear shall be included in the written request
four days before their scheduled date of appearance. Upon the
request of the President, the appearance shall be conducted in
a
closed-door session.
Section 15. The Legislative Council shall provide for a system
of
initiative and referendum whereby the studentry can directly
propose and enact laws or approve or reject any act or law or
part thereof passed by the Legislative Council after the
registration of
any petition therefore signed by at least twenty (20) percent of
the
total number of students from every division.
Section 16. There shall be a Commission on Appointment
consisting of the House Speaker of the Legislative Council, as
ex officio Chairman and two representatives from every existing
division. The Commission shall be constituted after the
Legislative
Council shall have been organized. The Chairman shall not
vote,
except in case of a tie. The Commission shall act on all
appointments submitted to it within ten days from the
submission
thereof. The Commission shall promulgate its rules of
proceedings,
shall meet at the call of its Chairman or upon the request by
majority of all its Members, shall rule by a majority vote of all
the
Members and shall discharge such powers and functions as
herein
conferred upon them.
Section 17. No person shall be consented by the Commission
on
Appointments without properly reading this Constitution and
By-Laws. It may conduct reasonable evaluation or test to this
effect.
Section 18. It shall submit to the President a semestral report
on
its operations, activities and achievements, within fifteen days
from the end of every semester.
Section 19.The Legislative Council, if unsatisfied with the
performance of a sitting appointed secretary or elected secretary,
with the
concurrence of three fourths (3/4) vote of all its members,
is
granted the power to remove from office a sitting appointee.
ARTICLE IX
SUPREME COURT
Section 1. The judicial power shall be vested in one Supreme
Court
composed of a Chief Justice and one Associate Justice
representing
each existing division.
Judicial power includes the duty to settle actual
controversies
involving rights, which are legally demandable and
enforceable,
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and to determine whether or not there has been a grave abuse
of
discretion on the part of the Government.
Section 2. The Chief Justice and Associate Justices shall be
appointed by the President, within twenty days from the opening
of the School year, with the consent of the Commission on
Appointments for a term of one school year. Appointment to
any
vacancy shall be only for the unexpired term of the predecessor.
In
no case shall any member be appointed or designated in a
temporary or acting capacity.
Section 3. No person shall be appointed Member of the Supreme
Court unless he/she possesses with the same qualifications as
that of the President plus he/she should have no failing
grades
from the previous semester. Members of the Supreme Court must be
a person of proven competence, integrity, probity and
independence.
Section 4. The Supreme Court shall enjoy fiscal autonomy.
Its
proposed appropriations may not be reduced by the
Legislative
Council without its consent and, after approval, shall be
automatically and regularly released.
Section 5. All cases involving the constitutionality and
application of a law, resolution, executive order, proclamation,
decrees and other regulations which shall be heard by the
Supreme Court en banc, in accordance with its rules of
proceedings, and shall be decided with the concurrence of a
majority of the Members. Provided, that no judicial decision
shall
be reversed or modified except with the concurrence of all
its
Members.
Section 6. The Supreme Court shall have the following
powers:
(1) Cases involving the legality or constitutionality of any
law,
executive orders, proclamation, decrees and other
regulations.
(2) Review, revise, reverse, modify or affirm on appeal or
certiorari, as its rules of proceedings may require, judgments
of the Constitutional Commissions.
(3) The Official Interpreter of this Constitution and
By-Laws
(4) Promulgate its rules of proceedings, concerning the
protection and enforcement of constitutional rights of the
studentry
and shall provide mechanism for the speedy disposition of cases
or matters brought before it for decision or adjudication.
(5) Jurisdiction over cases involving graft and corrupt
practices and such other offenses committed by a CJC-CSG Officer,
whether
elected or appointed, in relation to their offices, but shall
not
include cases affecting officers removable only through
impeachment process.
(6) Appoint its officers or staffs.
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(7) Decide on disputes involving but not limited to events and
activities organized by the Executive Council, the
Constitutional
Commissions, recognized clubs and organizations and
divisions.
Section 7. The decision of the Supreme Court, in all cases,
shall be
based on the laws and generally-accepted rules and
procedures
and expressing therein clearly the facts on which it is
based.
Section 8.
(1) There shall be a Commission on Grievances, which shall
ensure and enforce that all laws and regulations governing the
College Intramural Activities are faithfully executed.
(2) It shall be composed of eleven members which consist of the
Supreme Court and seven (7) members from the Legislative
Council chosen on the basis of proportional representation.
The
Chief Justice of the Supreme Court shall be its ex-officio
Chairman and the House Speaker of the Legislative Body shall
be the ex-officio Vice-Chairman.
(3) The Commission shall provide rules and guidelines in the
conduct of its proceedings, unless provided by law. The
Commission shall be called and organized twenty-four days
from
the date of the Intramural Activities by the House Speaker of
the Legislative Body.
(4) The Commission may sit en banc or in two divisions to
expedite disposition of cases or matters brought before it for
decision. Provided, that such decision shall be decided en banc and
must be concurred with the majority off all its Members.
(5) The decision of the Commission on all cases and matters
brought before it for decision and adjudication shall be
final,
irrevocable and non-appealable.
Section 9. The Supreme Court shall submit to the Legislative
Body
and to the President a semestral and annual report on its
operations and activities within fifteen, days from the end of
every
semester.
ARTICLE X
CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall be
independent and distinct, are the Commission on Elections and
the
Commission on Audit.
Section 2. No Member of a Constitutional Commission shall,
during his tenure, hold any other major office (President,
Vice-President and
Secretary) and of different clubs and organizations nor a
member
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of any political party or organization in the campus. He should
not
be a candidate for any elective position in the preceding
election.
Section 3. The Members of the Constitutional Commissions shall
be
appointed by the President and shall assume office upon
approval
of the Committee on Appointments.
Section 4. The Commission shall enjoy fiscal autonomy.
Respective
proposed appropriations may not be reduced without its
consent
and, after approval, shall be automatically and regularly
released.
Section 5. Each Commission may promulgate each own rules in the
discharge of its duties and functions. Such rules, however,
shall
not diminish, increase, or modify its substantive rights.
Section 6. Each Commission shall decide by a majority vote of
all its Members any case or matter brought before it for decision
or
consideration, within fifteen days from the date of its
submission.
Unless otherwise provided by this Constitution or by law, any
decision, order or ruling of each Commission may be brought to
the Supreme Court on certiorari by the aggrieved party within
ten days from receipt a copy thereof.
Section 7. Each Commission shall perform such other functions
as
may be provided by law.
Section 8. Each Commission shall submit to the Legislative
Council
and to the President a semestral or annual report on its
operation and activities, within fifteen days from the end of every
semester..
B. COMMISSION ON ELECTIONS
Section 1.
a.) There shall be a Commission on Elections composed of a
Chairman and two Commissioners representing each existing
division.
However, all members thereof, including the Chairman shall not
be a relative up to the second degree of consanguinity of affinity,
of
any CJC-CSG officer, Party Leader or Candidate.
b.) At the time of appointment, he/she is a bona fide college
student, no failing grade in the preceding semesters, must not have
been a candidate for any elective position in the immediate
preceding election and enrolled in this Institution for at least
two
consecutive semesters with a load at least fifteen (15) units
per semester.
Section 2. The Chairman and the Commissioners shall be
appointed by the President with the consent of the Commission on
Appointments for a term of one School Year. Appointment to any
vacancy shall be only for the unexpired term of the predecessor.
In
no case shall any member be appointed or designated in a
temporary or acting capacity.
Section 3. The Commission on Elections shall exercise the
following
powers and functions:
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a.) Enforce and administer all laws and regulations relative
to
the conduct of an election, plebiscite, initiative, referendum
and recall.
b.) Exercise exclusive jurisdiction overall contests relating to
the elections, returns, and qualifications of all elective
positions such
as President, Vice-President, Representatives, Governors,
Vice-
Governors and Board Members.
c.) Decide, except those involving the right to vote, all
questions
affecting elections, including determination of the number
and
location of polling places, appointment of election officials
and inspectors, and registration of voters.
d.) Register, after sufficient publication, political parties
and organizations, or coalitions, which, in addition to other
requirements, must present their platform or program of
Government. Campus clubs and organizations shall not be
registered. Those which seek to achieve their goals through
violence, or unlawful means, or refuse to uphold and adhere to
this
constitution shall likewise be refused registration.
e.) File, upon a verified complaint, on its own initiative,
petitions
in the Supreme Court for cases of violations of election
laws,
including acts or omissions constituting election frauds,
offenses, and malpractices.
f.) Recommend to the Legislative Council effective measures to
minimize election spending, including limitation of places
where
election materials shall be posted, and to prevent all forms
of
election frauds, offenses, malpractices and nuisance
candidacies.
g.) Promulgate its rules of procedure in disposing cases or
matters brought before it for decision.
h.) Submit to the President and the Legislative Council a
comprehensive report on the conduct of each election,
plebiscite,
initiative, referendum and recall.
Section 5. A free and open party system shall be allowed to
evolve
according to the free choice of the studentry, subject to the
provisions of this Constitution.
Bona fide candidates for any elective position shall be free
from any form of harassment and discrimination.
Section 6. Funds certified by the Commission as necessary to
defray
the expenses for holding elections, plebiscites, initiatives,
referenda and recalls shall be provided in the regular or
special
appropriations and once approved, shall be released
automatically
upon the certification by the Chairman of the Commission.
Section 7. No persons, vying for any elected positions including
the
political parties they represent, shall be duly recognized,
approved or allowed to run for an office without properly reading
this
Constitution and By-Laws.
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The Commission on Election shall give a certificate of such
compliance. It shall provide rules for the implementation thereof.
It
may conduct, upon its own initiative, conduct a
comprehensive
evaluation or test to candidates to this effect.
Section 8. Unless otherwise fixed by law, the election period
shall
commence fifteen (15) days before the day of the election and
shall
end five(5) days thereafter.
C. COMMISSION ON AUDIT
Section 1. There shall be a Commission on Audit composed of
a
Chairman, which shall preferably come from any Accountancy-
related course, and one Commissioner representing each existing
division.
At the time of their appointment, he /she is a bona fide college
student, no failing grade in the preceding semesters, must not have
been a candidate for any elective position in the
immediate preceding election and enrolled in this Institution
for at
least two consecutive semesters with a load at least fifteen
(15)
units per semester. However, all members thereof, including the
Chairman shall not be a relative within two degree of
consanguinity
of any CSG officer, Party Leader or Candidate.
Section 2. The Chairman and the Commissioners shall be appointed
by
the President with the consent and approval of the Commission
on
Appointments. Appointment to any vacancy shall only be for the
unexpired term of the predecessor. In no case shall any member
be appointed in a temporary or acting capacity.
Section 3. (1) The Commission on Audit shall have the power,
authority, and duty to examine, audit, settle all accounts,
expenditures or use of funds and property, owned or held in
trust
by, or pertaining to the student government and other entities
receiving subsidy, directly or indirectly, from the public funds
or
those authorized by law to such audit.
(2). The Commission shall have exclusive authority, subject to
the limitations in this Article, to define the scope of its audit
and
examination, establish techniques and methods required
therefor
and promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of
irregular,
unnecessary, excessive, extravagant, or unconscionable
expenditures, or uses of government funds and properties. It
shall keep the general accounts of the CJC-CSG of the entire School
year
and, for such period as may be provided by law, preserve the
vouchers and other supporting papers and documents
pertaining
thereto.
(3) Direct the officers concerned to furnish copies of
documents
relating to any of its financial transaction and report any
irregularity to the Supreme Court for appropriate action.
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(4) Each division shall be under the jurisdiction of the
Commission for audit. They are required to submit liquidation
reports every end of the semester or upon the request thereof.
Section 4. The Commission shall submit to the President and to
the
Legislative Council a semestral report regarding the financial
conditions and operations of the CSG and shall publish or cause
it
to publish the same in the student publication for the purpose
of
informing the studentry or post it the most conspicuous place
in
the Institution.
ARTICLE XI LOCAL GOVERNMENT UNIT
(LGU)
Section1. The local government unit as hereunder provides shall
be
also referred as division.
Unless otherwise as may be created, recognized or established by
this Institution, the existing and recognized local
government units are the Division of Business and
Accountancy
(DBA), the Teachers Education Division (TED), Engineering and
Technology (ETD) the Computer Studies Division (CSD), the Arts
and Sciences Division (ASD) and Health Sciences Division
(HSD).
The names of these local government units are subject for
modification by the Institution or by an express will of its
respective Members.
Section 2. The local government units shall enjoy local
autonomy. They
shall have the authority to collect reasonable fees to its
respective Members for funding.
Section 3. The President of the CJC-CSG shall exercise
general
supervision over the local government units and ensure that the
acts of their component units are within the scope of their
prescribe powers and functions.
Section 4. The Governor and the Vice-Governor must be a bona
fide college student, certified member of the division where
he/she
intends to be elected, duly enrolled in that division for at
least
three consecutive semesters following his/her candidacy, with no
failing grades in the preceding semesters and with good moral
character.
Section 5. The term of office of elective division officials
which shall be determined by law, shall be one school year and no
such officials
shall serve for more than two consecutive terms of the same
position. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity
of his
service for the full term for which he/she was elected.
Section 6. Whenever there is a vacancy in the office of the
Governor during the term for which he was elected, the
Vice-Governor, or in
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his/her absence or incapacity, the Majority Leader shall
become
the Governor to serve the unexpired term.
Section 7. The local government unit shall take charge of
all
division affairs. The officers elected at large are as
follows:
a.) Governor
b.) Vice Governor
c.) Seven Board Members, acting as the Local Legislative
Assembly
Section 8. (1) The legislative power, which include but not
limited to
enact rules, regulations and ordinances of the division, shall
be exercised by the Local Legislative Assembly composed of
seven
Board Members.
(2) Legislative power of the Assembly shall be exercised upon
the majority votes of all its Members. The Vice-Governor shall
preside the Assembly but shall not vote.
(3) The Assembly shall choose among them its Majority Leader.
The Assembly may choose other officers as it may deem
necessary.
(4) Members of the Assembly shall enjoy responsible
freedom of speech and of expression for any speech or debate
during their session.
(5) A majority of the Assembly shall constitute a quorum
to do business, but a smaller number may adjourn from time to
time and may compel the attendance of the absent Members in
such manner and under such penalties, as the Council may
provide.
(6) The Assembly shall meet every once in a month. It
shall also be convened upon the call of the Vice-Governor or by
the
majority of its Members.
(7) The Assembly shall promulgate its rules of
proceedings, shall keep the records of its proceedings and
shall
provide guidelines on all matters that are within its duties and
responsibilities.
(8)With the concurrence of two-thirds of all its Members,
suspend
or expel a Member for disorderly behavior. Imposition of the
penalty of suspension shall not exceed thirty days.
Section 9.The Division Governor, with the confirmation of the
Local Legislative Assembly, shall appoint the following officers,
three (3)
weeks from the opening of the school year:
a.) Executive Officer
b.) Sports Officer
c.) Socio-Cultural Officer
d.) Academic Officer
e.) Logistics Officer
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f.) Finance Officer
g.) Other officers as it may deem necessary for the proper
function of the Division.
Section 10.Each Division Governor shall submit to its respective
local legislative assembly within twenty days from the opening of
every
semester, a budget, as the basis for the general appropriations
bill.
Each local legislative assembly shall enact the general
appropriations bill fifteen days thereafter.
Section 11. No division money shall be appropriated or
disbursed
without the approval of the Local Legislative Assembly.
Section 12. No money shall be collected from the students of
their
respective divisions unless provided by a council resolution and
particularly specifying the purpose for which it is intended.
Section 13. The Division Standing Fund shall not be increased
without
conducting a public hearing and approval from the Local
Legislative Council.
Section 14. Financial transactions incurred must be well
documented,
supported by vouchers or receipts for the purpose of
transparency and accountability. Its records are public documents
and must be
opened to the Commission on Audit for auditing, subject to
such
guidelines and limitations as may be provided by law.
Section 15.All powers, functions, and responsibilities not
granted in this
Constitution or by the Local Government Code shall be vested in
the central government.
Section 16.Newly-created divisions after the ratification of
this Constitution and By-Laws shall be recognized only by the
College
Student Government if :
1.) Sections 5 and 6 of this Article are complied; 2.) Duly
recognized by the Institution;
3.) With Division Standing Fund; and
4.) Other requirements as may be provided by law.
Failure for such recognition, shall bar them from
participating from the activities and programs organized by the
College Student Government.
Section 17.Aside from the Institutional action, a division may
be abolished, merged or created upon the proposal of at least
sixty
(60) per centum of the populations affected by such and with the
approval of the Legislative Council. The Legislative Council
shall
pass a law for the proper implementation of this section.
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Section 18. The Legislative Council shall, within thirty
days
following the opening of the school year, enact a Local
Government Code which shall provide for a more responsive,
transparent and
accountable structure through a system of decentralization
with
effective mechanisms of recall, initiative and referendum,
provide among the divisions their powers, responsibilities and
source of
funds and provide for the qualifications, election, appointment
and
removal, term of office, powers and duties of the officers and
other
matters relating to the organization and operation of the Local
Government Units.
ARTICLE XII
ASSOCIATION OF COLLEGE CLUBS AND ORGANIZATIONS
(ACCO)
Section1. The Association of College Clubs and Organizations
(ACCO)
shall be composed of the different recognized college clubs,
organizations and societies of the Institution.
Section 2. The officers of ACCO shall be elected among the
Presidents of
different clubs, organizations and societies.
The officers are the following:
a.) President
b.) Vice-President for Academic
c.) Vice-President for Non-Academic d.) Secretary
e.) Treasurer
f.) Auditor g.) P.I.O.
Section 3. The President exercises general supervision over the
ACCO. He/she shall call all its members on or before last week of
June of
every school year to elect its officers.
Section 4. The ACCO shall coordinate all activities, programs,
plans
and projects made by any club, organization and society to the
CSG and vice-versa.
Section 5. The ACCO shall promulgate their own rules and
regulations
subject for approval by the President and shall not transgress
this Constitution.
Section 6. General accounts of the ACCO, not fully disbursed or
allocated, shall be returned automatically to its general
accounts.
Section 7. The College Student Government shall provide
technical, financial and other means of assistance to the different
recognized
college clubs and organizations to pursue their empowerment
and
development.
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ARTICLE XIII
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. All CJC-CSG officers
must at
all times be accountable to the studentry, serve them with
utmost responsibility, integrity, loyalty and efficiency act with
nationalism
and justice.
Section 2. All officers, both elected and appointed, owe this
Constitution and By-Laws allegiance at all times.
Before entering on the execution of office, unless otherwise
moved to another date as may be provided by an executive
resolution, they shall take an oath or affirmation to fulfill
their
duties as officers of such, preserve and defend this
Constitution and By-Laws and consecrate themselves to the service
of the
studentry.
Section 3.The CJC-CSG shall uphold the policy that impeachment
shall
be considered only as the final resort the removal of
impeachable
officers as provided for in this Constitution. No
impeachment
proceeding shall be initiated unless all efforts for the
mediation had been taken.
Section 3. The President, Vice-President, Cabinet Secretaries,
and the Members of the Constitutional Commissions may be removed
from
office, on impeachment for, and conviction of the following
grounds.
a.) Gross negligence of duty
b.) Abuse of power
c.) Any willful and gross violation of the Constitution and
By-
laws
d.) Betrayal of Public Trust
e.) Malversation of funds (the Legislative Body shall provide
guidelines for the purpose)
f.) Three consecutive unexcused absences from regular meetings
of the CJC-CSG. However, excused absences may be
given due course by the following:
1. A formal letter must be submitted twenty four hours
before or after the regular meeting.
2. The letter must be submitted and be duly approved by the
presiding officer of the body. In case of emergency, the
presiding officer shall, in his discretion, consider the
validity
of such absence.
g.) Any officers found guilty of drug abuse, destruction of
property, illegal possession of firearms and other criminal
cases.
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h.) Any forms of misconduct, which undermine and destroy the
integrity of the Student Government and the good image of the
Institution.
Section 4.The following are the procedures of impeachment:
1.) The Legislative Council shall have the exclusive power
to
initiate, try and decide all cases of impeachment.
When sitting for that purpose, the representatives shall be on
oath or affirmation. When the President is on trial, the
Adviser shall preside, but shall not vote. In case the other
officers
are tried, either of the Adviser or the Chief Justice of the
Supreme Court shall preside, upon the approval of the Legislative
Body,
preside, but shall not vote.
2.) A verified complaint for impeachment may be filed by any
Member of Legislative Council or by any college student upon a
resolution of endorsement by any of its Members, which shall
be
included in the Order of Business within five session days,
and
referred to the proper Committee within three session days. The
Committee, after hearing, and by a majority vote of all its
Members,
shall submit its report to Council within ten (10) session days
from
such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by Legislative
Council within five session days from its receipt.
3.) A majority vote of all the Members of the Legislative
Council shall be necessary either to affirm a favorable resolution
with the
Articles of Impeachment or override its contrary resolution.
The
votes of each Member shall be recorded.
4.) In case the verified complaint, charges, or resolution
of
impeachment is filed by at least the majority of all the Members
of
the Legislative Body, the same shall constitute the Articles
of
Impeachment and the trial shall forthwith proceed
accordingly.
5.) No person shall be convicted without the concurrence of
two-
thirds of all the Members of the Legislative Council. Such
conviction is final and irrevocable.
6.) Judgment in cases of impeachment shall not extend
further
than removal from office and disqualification to hold any
office
under the College Student Government.
7.) The Legislative Council shall promulgate its rules on
impeachment to effectively carry out the purpose of this
section.
8.) No impeachment proceedings shall be initiated against the
same officer more than once within a period of one year.
Section 5. In case the President is tried for impeachment, the
Vice President will automatically act as the President.
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Section 6. A notice of hearing shall be addressed to all
parties
concerned and shall specify the time and date of hearing. Notice
to the impeachable officer shall be served in such a manner as
to
ensure receipt by him/her for at least seven (7) days before
the
hearing. Impeachment trial shall commence within thirty (30)
days after the complaint is filed, otherwise the same is
considered
dropped. Any impeachable officer shall be accorded an
opportunity
to be heard during the impeachment proceeding.
Section 7. The Adviser, in case the President is under
impeachment, shall act as the presiding officer. He may also
preside, or the House Speaker, when other Officers, are tried
but subject for recommendation and approval from the
Legislative
Council.
Section 8. Any officer/member shall be given fair and just trial
and impartial investigation of the charges filed against him.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. The Legislative Council may, by law, adopt a new name
for the student council or a council logo, which shall be truly
symbolic and reflective to the ideals and aspirations of the
Studentry. Such law shall take effect upon its ratification by
the Studentry in a referendum called for such purpose.
Section 2. The Legislative Council may establish an independent
coordinating, planning and evaluating agency headed by the
President which shall, after consultations with various sectors
in
the Institution, recommend development programs or activities to
the Executive and Legislative Council and implement continuing
integrated and coordinated programs for student development.
Section 3. As much as possible, financial deficit at the end of
every school year, must be avoided. It is mandatory that the
incumbent College Student Government shall maintain five (5)
percent of the final semester funds to be turned over to the
next set of officers. When a deficit occurs, such amount shall be
equally
divided as may be provided by a resolution and as far as
practicable, to all officers who caused such deficit.
Section 4. The CJC-CSG shall provide a practicable, appropriate
and
systematic policy or scheme during the signing of clearances,
upon compliance to a given requirement, to lessen the difficulty on
the
part of the studentry.
Section 5. The CJC-CSG shall provide leadership and
technical
trainings, seminars and conferences to the student leaders to
help
them develop their innate skills of leadership and
expertise.
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ARTICLE XV
AMENDMENTSOR REVISION
Section 1. Any amendments to, or revision of, this constitution
may be
proposed by:
a.) The Legislative Council, upon a vote of three-fourths (3/4)
of all
its members.
b.) A Constitutional Convention
c.) Through students initiative
Section 2. The Legislative Council may, by a vote of two-thirds
(2/3) of
all its members, call a Constitutional Convention.
Section 3. Amendments to this Constitution and By-Laws may
likewise
be directly proposed by the students through initiative upon a
petition of at least fifteen percent of the studentry of which
every
division must be represented by at least three percent of
its
population.
Section 4. Any amendment to, or revisions of this constitution
shall be
valid when ratified by a majority votes cast in a plebiscite,
provided
that sixty percent of the total population cast their votes.
Section 5. No amendments under this section shall be
authorized
within two years following the ratification of this constitution
nor more than once every two years thereafter.
ARTICLE XVI
TRANSITORY PROVISIONS
Section 1. There shall be a Transitory Commission to be composed
of all of the Executive and Legislative Councils and Supreme Court
to
be chaired by the President and co-chaired by the House
Speaker
and the Chief Justice.
The Commission shall start to operate after all of the concerned
officers herein are already constituted but its operation
shall not be later than the first week of July 2014. It shall
adopt a systematic, reasonable and speedy mechanism to ensure that
all
government departments of the CJC-CSG comply to the given
mandate of this Constitution and By-Laws.
It may hold any of them in contempt for conformity of this
Constitution and By-Laws or may rule, in an appropriate
proceeding, that such non-conformity constitutes a culpable
violation of the Constitution and By-Laws an impeachable and
removable offense.
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Section 2. The CSG President shall call the presidents of all
recognized college clubs, organizations and societies not later
than the last
week of June 2014. He shall preside for the election of the
ACCO
Officers as stipulated in Article XII of this Constitution and
By-Laws.
Section 4.
The Council shall conduct public hearings and consultations as
to the revision of such policies with due consideration of
Article
IV Section 2 of this Constitution. Such public hearing and
consultation shall be held not later than the second week of
July 2014 and shall end not later than the last week of July of the
same
year. The new policies shall be fully implemented not later than
the
second week of August 2014.
Section 3. All existing laws, executive orders, memoranda,
proclamations and other executive issuances not inconsistent
with
this Constitution and By-Laws shall remain operative until
amended, repealed, or revoked.
ARTICLE XVII
REVIEW AND RATIFICATIONS
Section 1. This constitution shall take effect immediately upon
its
ratification by a majority of the votes cast in a plebiscite
held for the purpose and shall supersede all previous
Constitutions.
Section 2. The ratified constitution must be submitted to the
Director of
Student Services within ten (10) days for final approval. The
foregoing proposed Constitution and By-Laws of the Cor Jesu
College College Student College was approved by the
Constitutional Convention of the school- year 2013 2014 on
the
7th day of March 2014 at Cor Jesu College, Digos City, by the
Constitutional Convention by whose signatures are hereunder
affixed.
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Concurred in behalf of the Convention:
ARDEEN ROY DIAMANTE
Convention President
CLARICE LOPEZ
Secretary
Affirmed: Noted:
LORY ANN C. JARIOL VINA DEL M. DEL CAMPO
House Speaker CSG President
Consultant:
DARYL IVAN E. HISOLA
CSG Adviser
Approved:
ROGELIO P. BAYOD, Ph.D.
Director of Student Services