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2008 Constitution of the University Student Council

PREAMBLE

We, the students of De La Salle University-Dasmariñas, with the aid of Almighty God,

desirous of establishing a democratic student council that shall unite the whole student

body, protect and preserve the rights and interests, inculcate awareness and fidelity to

duties and responsibilities, encourage involvement in the university and in the society,

imbued with Lasallian Core values: Spirit of Faith, Zeal for Service and Communion in

Mission do hereby establish and promulgate this Constitution.

ARTICLE I

GENERAL PROVISIONS

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

Salle University-Dasmariñas (DLSU-D) University Student

Council.

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

well as the College Student Councils in the University.

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

representative of all bona fide students of DLSU-D in pursuing

their rights, welfare and concerns.

ARTICLE II

DECLARATION OF PRINCIPLES AND OBJECTIVES

A. PRINCIPLES

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

body.

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a. Democratic

Internal school regulations that concern the students shall

be subject to their consent through their duly elected

representatives, unless otherwise stipulated by the

Philippine laws and jurisprudence.

a. Autonomous

It shall enjoy:

b.1. Administrative Autonomy

The University Student Council has control over its

administrative functions guided by the provisions of

the Student Handbook and other related guidelines.

b.2. Political Autonomy

The USC has full control over its political functions

guided by the provisions of the Student Handbook

and existing laws.

b.3. Fiscal Autonomy

The USC shall exercise control over its financial

matters in accordance with related guidelines.

SECTION 2: The University Student Council believes that all decisions should

be arrived at in a democratic manner. The will of the majority shall

always prevail without infringing on the right of the minority.

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

collective leadership as a means of effective governance.

SECTION 4: The University Student Council believes that collaboration with the

administration, faculty and support staff is indispensable in

achieving common goals.

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SECTION 5: The USC believes that there should be amicable ties with other

schools, universities and organizations nationwide, especially

within the Southern Tagalog region.

SECTION 6: The USC believes in the development of the total person under

the Lasallian core values of spirit of faith, zeal for service and

communion in mission.

SECTION 7: The USC believes in the development of the individual student’s

potential to effect change which can be achieved by advancing

his/her rights and welfare.

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

scientific, nationalist and mass-oriented education and the

development of the Lasallian student as a total person.

SECTION 9: The USC believes that the rights and welfare of the individual

student should be upheld and defended at all times.

SECTION 10: The University Student Council believes that education is a right

and definitely not a privilege.

SECTION 11: The University Student Council believes that it is a part and parcel

of a larger society, thus the students have direct responsibility

over the Filipino people, in general, and the people of Cavite

together with the Lasallian community in particular.

SECTION 12: The University Student Council believes that all Council Officers

should remain at all times faithful to the office he/she is serving

and should not in any occasion allow partisan interest to prevail

over office duties and functions.

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SECTION 13: The University Student Council adheres to the legal principle of “in

loco parentis”. Herein, the school, its administrators and teachers

shall have special parental authority and responsibility over

students while under their supervision, instruction or custody.

SECTION 14: The University Student Council recognizes the importance of

different student groups in the University which includes the

Council of Student Organizations, Heraldo Filipino, Performing

Arts Group, Varsity, Student Auxiliary Groups, University Student

Commission on Elections, Reserve Officer Training Corps and

other groups established not contrary to the provisions of this

Constitution.

B. OBJECTIVES

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

the student body and any sector of the Lasallian community in

case of differences.

SECTION 2: The University Student Council, together with the student groups,

shall be an active agent in promoting national awareness and

consciousness among DLSU-D students.

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

critical thinking prevails.

SECTION 4: The University Student Council shall protect the rights and welfare

of the students at all times.

SECTION 5: The University Student Council, together with the student groups,

shall enjoin the students to act as one in advancing their rights

and welfare.

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SECTION 6: The University Student Council shall regularly conduct

consultation with students so as to be guided by their sentiments.

(with considerations on Article VIII)

SECTION 7: The University Student Council shall promote the Lasallian identity

of spirit of faith, zeal for service and communion in mission.

ARTICLE III

BILL OF STUDENT RIGHTS

SECTION 1: Right to academic freedom.

a. Right to quality education.

a.1. Every student has the right to pursue knowledge without undue restrictions.

a.2. Every student has the right to have related learning experiences e.g. Field

trips, film showing, research, seminars, etc.

a.3. No student shall be deprived of quality education by reason of poverty, creed,

culture, race and even those convicted by final judgment for minor felonies.

a.4. Student with delinquent accounts permitted to take examination shall

nevertheless be subject to the right of the University to withhold the release

or issuance of such students’ school records or documents or to deny such

students from admission for the next semester or year until prior

delinquencies are fully paid.

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

decision making of the University and College that affects the student in general.

c. Right to be provided with a written course syllabus on the first week of the semester.

d. Right to see their duly corrected examination papers which have bearing in their f inal

grades.

e. Right to be informed of their class standing and to see the computation of their

grades before it is duly submitted to the Registrar’s Office upon the request of the

student.

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SECTION 2: Right to freedom of expression and Right to dignity.

a. Right to free and responsible expression of opinions and

suggestions.

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

Handbook.

c. Right to file a grievance against any member of the

University.

d. Right to be treated as an individual person, free from any

kind of discrimination, and sexual harassment.

e. Right to, be free to assemble, to demonstrate, to protest, to

communicate and to petition the government and school

authorities peacefully for the redress of their grievances.

SECTION 3: Right to press freedom and publication.

a. Student Publications shall be guided by RA 7079

(Campus Journalism Act) for its operations, formations,

and rights.

b. Student Publications shall have the right to express

responsibly their views and opinions without fear of

persecution from authorities, and without threat of

being in any way penalized or punished by authorities.

This includes the right against news blackouts

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

news, leaflets, brochures and other related materials in

accordance to limitations imposed by the institution.

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

law.

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SECTION 5: Right to information.

a. In accordance with the policies and guidelines of the University, every

student has the right to information on matters of student concerns

which include but not limited to academic records and evaluation.

Access to official records, acts, transactions, decisions and fiscal

matters, as well as data used as basis for policy formulation shall not

be impaired.

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

evaluation of the performance of professors toward the end

of the semester.

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

by their professors by virtue of the latter’s consultation

hours.

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

nformed about tuition fee increase before its

implementation.

e. Every student who transfers or otherwise withdraws in

writing, within two weeks after the beginning of classes,

and who has already paid the pertinent tuition and other

school fees in full or for any length longer than one month

shall have the right to a refund. However, he shall be

charged 10% of the total amount due for the term if he

withdraws within the first week of classes, or 20% if within

the second week of classes, regardless of whether or not

he has actually attended classes. The student may be

charged all the school fees in full if he withdraws anytime

after the second week of classes. The foregoing is

pursuant to Section 104 of the Manual of Regulations for

Private Schools.

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SECTION 6: Right to privacy.

a. Every student has the right to privacy of communication and

correspondence.

b. Every student shall not be subject to any form of

unreasonable search or seizure. Except for the following

instances, no search or seizure of a student shall be

deemed valid:

b. 1. Searches made at the ingress or egress by

persons in authority of the school.

b.2. Illegal articles that are discovered inadvertently

and in plain view by authorized personnel.

b. 3. Searches and seizures made when the

student is about to commit, committing or

has just committed a crime or major offense as

stipulated in the student handbook.

b. 4. Searches made with a valid search warrant.

SECTION 7: Right against excessive fees.

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

involuntary fees.

b. Every student has the right against excessive compulsory

contributions for matters and activities not included in the syllabus,

projects and other expenses irrelevant to the subject matter.

c. Every student has the right to be consulted and be

informed about tuition fee increases 30 days before its

implementation.

SECTION 8: Right to suffrage.

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

equipment.

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SECTION 10: Right to due process.

a. Every student has the right to be informed of the nature of the

complaint or accusations against him/her.

b. Every student has the right to meet the complainant and the

witnesses face to face.

c. Every student has the right to examine the evidence against him/her.

d. Every student has the right to be represented by a competent counsel

of his/her own choice.

e. Every student has the right to fair, impartial and speedy trial.

f. Every student has the right to be accompanied by a

counsel of his/ her own choice. (The counsel may be but

not limited to a faculty member, guidance counselor, or a

fellow student). Adequate time shall be given for the

preparation of the defense.

g. Every student has the right to have their parents or

guardians witness the said proceedings.

h. Every student has the right to appeal any decision within

the University and even before the CHED and the regular

courts as part of his/her exhaustion of remedies.

i. Every student has the right to know what degree of guilt is

being employed in all disciplinary proceedings.

j. Every student has the Right to be presumed innocent until

proven otherwise.

SECTION 11: Right against inhumane, degrading, and humiliating treatment and

penalty.

a. Every student has the right against involuntary servitude.

b. Every student has the right against excessive fines.

c. Every student has the right to be protected against any penalty not

provided for in the student handbook.

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

Philippine Constitution.

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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 will help bring about

harmony among the various sectors of the university.

c. support the university in elevating and maintaining its high standards

and promote quality education.

d. exercise his rights and privileges responsibly.

e. directly and actively participate and support the activities, programs

and projects of the USC, College Councils as well as the other

recognized Organizations

f. promote/enhance the good name of the university.

g. contribute to the development of University Loyalty and College

Loyalty.

h. maintain cleanliness of school’s properties, facilities and equipment

and keep the school from all forms of vandalism.

ARTICLE V

COMPOSITION, ELECTION, TERM OF OFFICE QUALIFICATION AND

VACANCIES OF THE UNIVERSITY STUDENT COUNCIL

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

a. Executive Board

a.1 President

a.2 Vice President

a.3 Secretary

a.4 Treasurer

a.5 Auditor

a.6 Business Manager

a.7 Public Relations Officer (2)

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b. Legislative Board

b.1 Presidents of different College Council as official

representatives

SECTION 2: The USC officers shall be elected at large by the bona fide

students of DLSU-D. On the other hand, the Presidents of the

different College Student Councils shall be elected by bona fide

students of their respective colleges.

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

commence on the first day of May and will end on the last day of

April. All officers shall be entitled for re-election.

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

a. be a bona fide student of the university

b. carry a minimum load of fifteen (15) units per semester or

as prescribed by its college. However, such candidates

may appeal to the Student Commission on Election if load

for a semester is lower than 15 units, as certified by his/her

College Dean

c. must be enrolled as a student for at least one year in the

university after the election.

d. Not have been found guilty of any major offense.

e. Must have obtained a GPA of 1.5 or higher, with no failing

grade in any of the subjects enrolled during the semester

immediately preceding the election.

f. Must have at least one (1) year of residency in the

University on the day of elections.

SECTION 5: All USC officers are required to submit a report of grades every

end of the semester to the Student Development and Activities

Office (SDAO).

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SECTION 6: a. Permanent vacancies may occur in the following situations:

a.1 Impeachment

a.2 Permanent physiological and/or psychological

incapacity.

a.3 Resignation

a.4 Removal from office (Disqualification to continue

holding office)

b. Temporary vacancies may occur in but not limited to the

following:

b.1 Official business outside the university

b.2 Filing of Leave of absence from office.

b.3 Temporary physiological and/or psychological

incapacity.

In all cases, temporary vacancy can only last for five (5) to

thirty (30) working days; however it could be extended to a

maximum of sixty (60) working days due to justifiable

reasons as determined by the SDAO.

SECTION 7: In case of vacancy in any of its position, the council shall pass

within 3 working days a resolution declaring that a vacancy exists

and notice thereof shall be given to the Dean of Student Services

through SDAO. The resolution shall specify the grounds for

declaration of vacancy.

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

filled by the Vice President. If the vacancy occurs in the office of

the Vice President for any cause or for assumption to office as

president, the Council shall elect a new Vice President among the

University Student Council Executive Board in a special meeting

called for the purpose. However, the said officers shall serve only

for the unexpired term.

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SECTION 9: If a permanent vacancy occurs in any remaining University

Student Council office, the remaining USC Executive Board shall

convene within 3 working days upon submission of the resolution

to SDAO with the Legislative Board a special meeting called for

the purpose to elect among the Legislative Board who shall fill the

vacancy. The elected officer shall, however, serve only for the

unexpired term.

SECTION 10: In case none of the members of Legislative Board is willing to fill

the vacant position, the USC shall ask for their recommendations

through memorandum. The LB is given seven (7) working days to

comply upon the receipt of such memorandum. The

recommendation should be accompanied by the recommendee’s

curriculum vitae. Recommendations are limited to one (1) qualified

student per college.

SECTION 11: The remaining USC Executive Board shall convene within three

(3) working days with the Legislative Board a special meeting

called for the purpose to elect among the recommendee/s who

shall fill the vacancy. The elected officer shall, however, serve

only for the unexpired term.

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

recommendee/s upon the lapse of seven (7) working days, the

USC Executive Board reserves the right to deliberate and

consequently appoint qualified student/s to fill up vacant post/s

through a resolution. The Legislative Board should be duly

informed of the said appointment.

SECTION 13: In case of temporary vacancy in the office of the President, the

Vice President shall, ipso facto, be the acting president until such

vacancy ceases to exist.

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

Vice President, the remaining members of the USC Executive

Board shall elect among themselves the acting president until

such vacancy ceases to exist.

SECTION 15: If any of the offices of the Executive Board aside from the

Presidency becomes temporarily vacant, the President shall

appoint Officer/s-in-Charge from the Executive Board without

relinquishing their original post until such temporary vacancy

ceases to exist.

ARTICLE VI

DUTIES AND RESPONSIBILITIES OF UNIVERSITY STUDENT COUNCIL OFFICERS

SECTION 1: The President:

a. enforces the Constitution as well as other rules and

regulations of the University Student Council;

b. acts as the presiding officer in all meetings of the council.

In case he/she shall yield the chair to the Vice President or

in his absence, any officer of the University Student

Council;

c. represents the University Student Council in his/her

capacity as President on occasions or events where the

organizations needs representation;

d. creates special committees and appoints the chairman and

members of the said committees necessary to the noble

objectives of the University Student Council

e. signs all communications, project proposals, requests,

forms and all other official documents of the University

Student Council;

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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 President’s Council meeting

g.2 Operations Council meeting

g.3 Safety and Security Council meeting (Internal and

External)

g.4 University Development Council meeting

g.5 Academic Council meeting by invitation

g.6 and other meetings called by special councils and/or

committees

h. performs such other duties which may be necessary for the

proper discharge and performance of the function of his/her

office.

SECTION 2: The Vice President:

a. assumes the functions of the President in case of absence or

vacancy;

b. assists the President in carrying out the objectives of the

University Student Council;

c. performs all other functions delegated by the President.

SECTION 3: The Secretary:

a. takes charge in taking the minutes of the meeting and

safekeeping of the records of the University Student Council

b. prepares communications and files documents pertaining to

the University Student Council;

c. performs all other functions delegated by the President.

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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 activity;

e. assists all College Student Council treasurers in preparing

financial reports/statements;

f. requests a financial report from the Accounting Office if

deemed necessary;

g. performs all other functions delegated by the President.

SECTION 5: The Auditor:

a. audits the financial statements prepared by the treasurer;

b. assists the treasurer in facilitating transactions of the

University Student Council;

c. monitors trust fund allocations for every activity;

d. acts as custodian of all properties of the University Student

Council;

e. assists all College Student Council auditors in auditing

financial statements Council Executive Board the details of

sponsorship for approval.

f. performs all other functions delegated by the president.

SECTION 6: The Business Manager:

a. transacts approved business deals inside and/ or outside the

establishments and shall report the same to the University

Student Council

b. is in charge of all purchases of the University Student Council;

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c. Screens all project proposal prepared by other Executive

Board and submits the same to the proper authorities;

d. Screens all sponsorship requests by other organization and

reports to the University Student Council Executive Board the

details of sponsorship for approval.

e. performs all other functions delegated by the President.

SECTION 7 The Public Relations Officers:

a. disseminate information to other officers concerning meetings,

updates and other important matters;

b. take charge of giving proper and due publicity to all activities of

the University Student Council;

c. are responsible in proposing and conducting surveys and

gathering petitions;

d. as decided upon by the Executive Board, shall act as

coordinators of one of the following:

d.1. all class presidents

d.2. official publication of USC

e. perform all other functions delegated by the President.

SECTION 8 Legislative Board

a. Exercises legislative powers manifested through resolutions.

However, such resolutions shall be subject to the approval of

the USC President.

Legislative powers include:

a.1 enacting rules and guidelines concerning students of

their respective colleges

a.2 Confirms appointments of committee heads by rule of

majority vote of all members

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b. May conduct inquiries and investigations assuring that

members of Executive Board are performing their functions

c. Airs concerns/issues of their respective colleges’ constituents

to the University Student Council

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

Council which will include:

d.1 accomplishment reports

d.2 financial statements

e. Assists the University Student Council in the implementation of

approved policies, projects, programs and activities in their

respective colleges.

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

shall be deemed approved.

ARTICLE VII

ACCOUNTABILITY OF STUDENT LEADERS/OFFICERS

SECTION 1. All student leaders must set an example to their fellow students. They must

be guided by the Lasallian core values, with a fervent love for learning

and excellence. Their disposition should be geared toward the Lasallian

virtue of servant leadership. Following the footsteps of Saint John Baptist

De La Salle, they should continue to participate meaningfully in the

process of social transformation by helping to form God-centered, people-

oriented, and patriotic persons who serve as responsible and

professionally competent stewards of God's creation.

SECTION 2. The USC officer/s shall be disqualified to continue holding the office on any

of the following grounds:

a. having obtained a failing grade in any of the subjects enrolled:

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a.1 immediately before his/her term

a.2 during his/her term

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

c. failure to attend regular meetings for five (5) times within the semester

or three (3) consecutive times unless valid reasons are presented.

d. guilty of committing a major offense.

e. guilty of any criminal offense by a regular court.

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

officers and be passed to the SDAO. Such resolution should be proposed

only by the Executive Board.

SECTION 4. All USC officer/s shall be subject to impeachment under of any of the

following grounds:

a. Culpable violation of the constitution.

b. Gross inability to perform his/her official function as per stated in

Article VI except for Section 2.c.

c. Malversation of council funds.

d. holding incompatible office. Holding any executive position in other

student groups shall be deemed incompatible.

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

following :

a. majority of Executive Board;

b. majority of Legislative Board

c. any student through the endorsement of subsection a or b hereof.

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

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

term of office.

SECTION 8. Any case of impeachment against any USC officers shall be deliberated

upon by the Executive Board and Legislative Board jointly in a special

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session called for the purpose. This shall be presided by the USC

president. However if it is the President who is under trial it shall be the

vice-president who shall preside. Any of whom shall have no voting

power. No officer shall be convicted without the concurrence of three-

fourths of all members present. The entire proceedings shall be

witnessed by the following: USC adviser, SDAO director and OSS dean.

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

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

twice a week.

SECTION10. Procedural and substantial due process shall be strictly observed on the

entire duration of the impeachment proceedings.

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

from office.

ARTICLE VIII

COMMITTEES OF THE UNIVERSITY STUDENT COUNCIL

SECTION 1: The University Student Council has the following standing

committees:

a. Direct Assistance Committee

It receives and processes request for emergency

assistance.

b. Advocacy and Publications Committee

It increases the level of student awareness and articulate

the stand of the USC by concretizing the Lasallian Guiding

Principles for Social Transformation which is summarized

by the following tenets:

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b.1 “Mamulat, makiisa at kumilos”

b.1.1 Mamulat (educate)

to conduct research, studies, fora and other

similar activities regarding issues within and

outside of the university.

b.1.2 Makiisa (be in solidarity with)

to be in solidarity with and collaboration with

the concerned sectors within and outside

the university.

b.1.3 Kumilos (mobilize)

to organize and mobilize the students to act

in accordance with the stand they have

taken on specific issues.

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

advocacies and related activities are as follows:

b.2.1 official publication of USC

b.2.2 all class presidents

c. Students’ Rights Committee

c.1 Its functions are the following:

b.1.1 receive formal complaints, suggestions and

criticisms from the students and process the same

for appropriate action with regards to the

university’s policies and school services;

b.1.2 provide representation for the students

brought before the Discipline board;

b.1.3 oversee and monitor the cases pending in

the Discipline Board and take whatever action

which may be deemed necessary to ensure

substantive and procedural due process and the

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speedy, impartial and competent disposition of

cases.

c.2 The USC will formulate and promulgate rules and

guidelines that will govern its paralegal services, in

consultation with all the concerned offices and

sectors within the University.

Events Committee

a.2 may propose projects, programs and activities that

shall be geared towards the full integration of the

students subject to the approval of the University

Student Council Executive Board.

a.3 implement projects, programs, and activities

together with the University Student Council

Executive Board

a.4 coordinates with various student groups for mutual

assistance and cooperation.

d. Special Projects Committee

It proposes and implements policies, projects, programs,

and activities geared towards the holistic development of

the Lasallian community and its partner entities.

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ARTICLE IX

MEETINGS

SECTION 1 Regular Meetings The following shall hold regular meetings:

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

The holding of regular meetings will be determined at the start of their term. The foregoing shall be strictly followed.

SECTION 2 Special Meetings The abovementioned shall hold special/emergency meetings as

the need arises. SECTION 3 There shall be a quorum if majority (50 percent plus one) of all the

members called for the meeting are present. SECTION 4 During the regular and special meetings, the University Student

Council Adviser shall be duly notified. His/her presence is required if deemed necessary.

ARTICLE X

THE UNIVERSITY STUDENT COUNCIL ADVISER

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

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

SECTION 2 The University Student Council Adviser shall be chosen from

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

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

Executive Board.

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SECTION 4 The University Student Council Adviser shall have the following functions: a. advise the University Student Council; b. maintain liaison between the University Student Council and

the administration; c. maintain close relations with the duly elected officers of the

Council and work in accordance with the goals and principles of this Constitution;

d. accompany the USC Executive Board in activities if deemed necessary by the nature thereof; and

e. sign all resolutions, communication, and papers of the University Student Council.

SECTION 5 The University Student Council Adviser shall have no voting

power.

ARTICLE XI

FUNDING OF THE COUNCIL SECTION 1 The University Student Council Fund shall come from a fixed

contribution of every student enrolled during current school year and other sources derived from approved fund raising projects.

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

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

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

Accounting Office. SECTION 4 All expenses of the council shall be paid out from this fund in

accordance with approved university guidelines on accounting and auditing rules and procedures.

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

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

SECTION 6 The balance of the University Student Council Fund for a specific

term shall be added to the fund for the next term. SECTION 7 For all purposes of this fund, the incumbent officers and their

successors must use this fund to benefit the students in general.

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ARTICLE XII

MAGISTRATE

Section 1 The Magistrate shall enjoy the following powers:

a. Exercise exclusive original jurisdiction in settling actual controversies

involving the interpretation of this Constitution.

b. Exercise exclusive appellate jurisdiction in hearing decisions in

impeachment proceedings.

c. Review resolution and motion passed by the USC EB and LB upon

proper petition of an affected party.

Section 2 For section1 a., the power of interpreting this constitution shall be vested

in the Magistrate. In case of vagueness to the provision of this

Constitution, the proper authority to resolve this shall be the Magistrate.

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

1. Dean of the Student Services

2. University Student Council President

3. Council of Student Organizations President

4. University Student Commission on Election Chairperson

5. Heraldo Filipino Editor-in-Chief

Section 4. The Dean of the Student Services shall be acting as the overall

Chairperson of the Magistrate. The chairperson shall preside in all cases

while the remaining officers shall accompany him in rendering decision.

Each office is entitled to one vote.

Whenever ambiguity still arises, the magistrate can seek outside opinion

coming from the original members of the constitutional convention.

All cases and decisions shall be rendered sitting en banc.

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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.

Magistrate’s 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 XIII

AMENDMENTS AND REVISION OF THE CONSTITUTION

SECTION 1. The amendment and the revision of the Constitution may be made only

under the rules and procedures as follows:

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

Legislative Board subject for the approval of three-fourths (3/4) by the

following offices entitled for one vote:

a.1 University Student Council Executive Board

a.2 Legislative Board

a.3 Council of Student Organizations Executive Board

a.4 Heraldo Filipino Editorial Board

a.5 Council of Presidents of Performing Arts Group

a.6 University Student Commission on Election

a.7 Student Auxiliary Group

a.8 Office of the Student Services

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

a draft constitution to be considered in the deliberation with the

University Executive Board, subject for use by the legislative and

executive board’s separate approval.

SECTION 2. Upon the approval of the motion, the University Student Council Executive

Board will determine the mode of convening and forming a body entitled

to amend or revise the constitution. The following can be used for specific

purpose:

a. Constitutional Convention – for the purpose of revising the

constitution. Each member will be coming from the following:

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a.1 University Student Council Executive Board

a.2 Legislative Board

a.3 Council of Student Organizations Executive Board

a.4 Heraldo Filipino Editorial Board

a.5 Council of Presidents of Performing Arts Group

a.6 University Student Commission on Election

a.7 Student Auxiliary Group

a.8 Office of the Student Services

b. Constitutional Assembly – convening the legislative board limited for

amending the constitution.

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

percent (20%) of the total population of the students. The petition to

amend shall embrace a specific title of which to be changed. The petition

must also include the draft of the proposed amendment to the

constitution. Upon reaching the target percentage needed for the

initiative, the proponents will submit the proposal to the Legislative Board

for approval.

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

following the ratification of the constitution. The constitution can only be

amended once every other year.

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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, CSC’s). Any document

which is contrary to the provisions herein shall be held null and void.

Notwithstanding this, it is also accepted that every college council has

some distinct and separate attributes necessary for the performance of

their functions. Due to this, this constitution allows exceptions for the

benefit of the college councils. The following provisions shall serve as

exceptions, and may not be observed by the college councils:

a. Article 5 Sec. 1 and 4

b. Article 6 Sec. 7 and 8

c. Article 8

d. Article 10

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To maintain those which are distinct with the CSC’s, each of them shall

make those as part of their Internal Rules which shall be in accordance

with the provisions of this Constitution.

Section 4 For the provisions on Article 12 which calls on the other recognized

student groups (HF, CSO, USCE) to be part of the Magistrate, they shall

also be bound by its supremacy to abide its mandate.

The foregoing proposed Constitution of University Student Council was approved by the

Students’ Constitutional Convention of 2007 on the nineteenth day of January, Two

Thousand and Eight and accordingly signed on the same day at the Conference room B

of the Severino de Las Alas Building, De La Salle University – Dasmariñas, Cavite by

the delegates whose signatures are affixed in a separate resolution adopting the same.

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The Delegates to the 2007 Students’ Constitutional Convention

Officers

Chairman

Julius D. Rocas

Co-Chairman

Jerry Digo

Secretariat

Ana Marie Balanquit

Levimin Jose

Jihan Ledesma

Sgt. at Arms

Mica Marie Gregorio

Jordan Dimapilis

Consultant

Mr. Albert John R. Puchero

Faculty

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MEMBERS

University Student Council

Joymay Amihan

Melo Jean Triños

University Student Commission on

Elections

Paula Yvette Fariñas

Marc Jeffrey Sioco

College of Liberal Arts Student

Council

Leonard Lhey Hayag

Gerwin Panghulan

College of Science Student Council

Ian Lordeo Gutierrez

Hernan Pantolla

College of International Hospitality

Management Student Council

Karen Kathleen Garcia

Alvin Gimao

College of Education Student Council

Giezel Marasigan

Dianne Delos Santos

College of Law Enforcement Student

Council

Emmanuelle Jude Garcesa

Maria May Manalo

College of Business Administration

Student Council

Noel Andres

Marie Bernadine Castillo

College of Engineering, Architecture

and Technology Student Council

Ariel Riel

Ryan Dave Remulla

Council of Student Organizations

Michael Manguerra

Neil Noe Reyes

Performing Arts Group

Michael Tacsay

Teofilyn Ferido

Student Auxiliary Group

Anthomy Signey

Rose Antoinette Juanillo

Heraldo Filipino

Regilin Hernandez