2012 Draft of the SAMAHAN Constitution

8/3/2019 2012 Draft of the SAMAHAN Constitution

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2012 DRAFT OF THE SAMAHAN CONSTITUTION


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Draft of the SAMAHAN Constitution 2012

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SAMAHAN CENTRAL BOARD


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Contents

Preamble

Article I: The Ateneo de Davao University Student Body

Article II: The SAMAHAN Membership

Article III: Declaration of Principles and Objectives

Article IV: The Students Bill of Rights

Article VII: The SAMAHAN Legislative Department

Article VIII: The SAMAHAN Central Board

Article IX: SCB Moderator

Article X: The Executive Departments

Article XI: The Campus Clubs Organization

Article XII: Divisions Students Executive Council

Article XIII: Class Officers

Article XIV: Powers and Duties of SAMAHAN Officers

Article XV: Accountability of Student Leaders/Officers

Article XVI: Constitutional Commissions

Article XVII: The Commission on Audit

Article XVIII: The Commission on Elections

Article XIX: Elections and Appointments

Article XX: Finance and Budget

Article XXI: Impeachment and Recall


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Article XXII: Resignation

Article XXIII: Vacancies

Article XXIV: Revisions and Amendments

Article XXV: Constitutional Assembly

Article XXVI: Constitutional Convention

Article XXVII: Student Initiative

Article XXVIII: Ratification, Effectivity and Transitory Provisions

Article XXIX. Repeal and Separability


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Preamble

We, the bona fide students under the existing undergraduate schools and colleges of the Ateneo de

Davao University, imploring the aid of Divine Providence, in order to exercise our inherent rights: to

establish an autonomous student government that shall promote academic excellence, spiritual

growth and social awareness and involvement; defend our common interest; unite the student body

and foster harmony in the academic community, do ordain and promulgate this Constitution.

Article I: The Ateneo de Davao University Student Body

Section 1. The Student Body of the Ateneo de Davao University, as specified in Article 2 Section 1 of

this Constitution, shall be known as the SAMAHAN ng mga Mag-aaral ng Ateneo,

otherwise referred to as the SAMAHAN and its governing body shall be called the

SAMAHAN Central Board.

Article II: The SAMAHAN Membership

Section 1. Composition: The SAMAHAN shall be composed of the bona fide undergraduate students

of the Ateneo de Davao University.

Section 2. Membership Fee: The membership fee shall be paid upon enrollment every semester, the

reasonable amount of which shall be fixed by the SAMAHAN Central Board Legislative

Department to be assisted by the University.


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Section 3. Termination of Membership: Membership shall be terminated automatically upon

separation from the official student roster of the University upon:

a. Graduation

b. Expulsion

c. Transfer of Institution

Article III: Declaration of Principles and Objectives

Section 1. The SAMAHAN is a democratic, just and autonomous student body. Sovereignty resides

in the student body and all decisions and acts emanate from them.

a. Democratic - The Students shall have the right to be consulted in any matters

(school rules and regulations, etc.) that directly and indirectly affect them through

their duly elected SAMAHAN Officers, unless otherwise stipulated by the

Philippine laws and jurisprudence.

b. Just - The SAMAHAN Central Board shall be fair to all studentry as dictated by

reasons and conscience which shall be free from any form of favoritism, self-

interest, bias and/or deceptions. It shall conform with established standards and

rules that are legal and ethical.


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c. Autonomous

c1. Administrative Autonomy

The SAMAHAN Central Board has control over its administrative

functions guided by the provisions of the Student Handbook and

other related guidelines.

c2. Political Autonomy

The SAMAHAN Central Board has sole jurisdiction over its political

function provided that it adheres to the provisions of the Student

Handbook and existing laws.

c3. Fiscal Autonomy

The SAMAHAN Central Board has full control over its financial

matters in accordance with related guidelines indicated by the

institution.

Section 2. The SAMAHAN believes that effective governance could be attained through collective

leadership.

Section 3. The SAMAHAN believes that it should foster efforts in establishing cooperation with other

schools, universities and/organizations locally and nationally, especially in Southeastern

Mindanao.

Section 4. The SAMAHAN believes it is not isolated from the larger community, thus with the Jesuit

community it has responsibility to the Filipino people especially to the people of Davao, in

fulfilling the integrity of the virtue: to be men and women for others.


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Section 5. The SAMAHAN firmly believes in the holistic development of a person guided by the

spirituality of St. Ignatius of Loyola and Jesuit Values of charity, solidarity, and service.

Section 6. The SAMAHAN believes that education should be liberating, just, and humane as a

fundamental requirement to a scientific, nationalistic and socially-oriented education.

Section 7. The SAMAHAN believes that equal opportunity to quality education shall be accessible to

all, since it is a right and not a privilege.

Section 8.The student government should be reflective of the students welfare and should be

responsive to the needs of the students at all times.

Section 9. The SAMAHAN shall promote, protect, preserve, and uphold the rights and welfare of

every student.

Section 10. The SAMAHAN shall at all times advance the interest of the studentry.

Section 11. The SAMAHAN shall encourage the student body to be active and responsive to the

issues and concerns affecting the students and the whole country.


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Article IV: The Students Bill of Rights

Section 1. Right to academic freedom.

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

b. Every student has the right to have alternative learning experiences such as Field

trips, Social Exposures, Film Viewings, Researches, Seminars, Social Fora and the

like.

c. Every student has the right to create, facilitate alternative study groups for intellectual

and social development.

d. Every student has the right for equal opportunity for quality education regardless of

economic class, religion, ethnicity, sexual orientation and even those convicted by

final judgment for minor felonies.

e. Every student has the right to be consulted in cases of the creation, revision and

development of the school curriculum.

f. Every student has the right to be provided with a written course syllabus on the first

week of each semester.

g. Every student has the right to see their duly corrected examination papers and other

scholastic records concerning their academic performance given a reasonable period

of time.

Section 2. Right to freedom of expression and Right to dignity.

a. Right to free and responsible expression of opinions and suggestions without fear of

persecution from any authority.

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


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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.

e. Right to dignity, free from any forms of sexual harassment, public humiliation and

coercion.

f. Right to be free to assemble, to demonstrate, to protest, to communicate and to

petition the government and school authorities peacefully on matters such as laws,

rules and regulation, policies, and issues that may have direct or indirect effect to

such student/s concerned and/or the whole student body.

Section 3. Right to press freedom and publication.

a. Right to have its own student publication that shall be fully controlled and operated by

the student body.

b. Student Publications shall have the right to express responsibly their views and

opinions without fear of persecution and intimidation from authorities.

c. Student Publications shall be protected against any fear of news blackouts and any

forms of interventions and tampering of data.

d. Right to mounting and circulation of posters, banners, wall news, leaflets, brochures

and other related materials in accordance to the reasonable limitations duly imposed

by the institution.

Section 4. Right to form and/or join any organizations the purpose of which is not contrary to law

provided that:

a. The said organization does not impair the academic standing of the individual

b. The individual qualifies for membership in the organization.


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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 of

the SAMAHAN Central Board shall not be impaired upon the request of the student.

b. Every student has the right to be consulted and be informed about tuition fee increase

at least 30 days before its implementation.

c. Every student has the right to be informed of any quiz, test and/or examination that

may have significant impact on the students grade at least three (3) days before the

said quiz, test and/or examination..

Section 6. Right to due representation.

a. The students shall have the right to due representation for any board meetings and

any university committee on issues concerning them, in accordance with thestudents handbook.

Section 7. 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. Procedural searches made upon and entering and/or leaving the campus

by the authorities of the school.


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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 8. Right against excessive fees.

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

Section 9. Right to Due Refund. 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, the person shall be charged 10% of the total amount due for the term if

he/she withdraws within the first week of classes, or 20% if within the second week of

classes, regardless of whether or not he/she has actually attended classes. The student

may be charged all the school fees in full if he/she withdraws any time after the second

week of classes. The foregoing is pursuant to Section 104 of the Manual of Regulations for

Private Schools.

Section 10. Right to suffrage. The students have the right to vote and to be elected to public office at

genuine periodic elections, which shall be universal and shall be held by secret ballot

guaranteeing the free expression of the will of the electors.


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Section 11. Right to equal access to adequate, convenient, and safe properties, facilities and

equipment.

Section 12. Right to petition for improvements on inadequacies, inconveniences and other

malfunctions of school properties facilities and equipment.

Section13. 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 examine the evidence against him/her.

c. Every student has the right to be represented and accompanied by a competent

counsel of his/her own choice. The counsel may not be limited to a faculty member,

guidance counselor, or a fellow student. Adequate time shall be given for the

preparation of the defense.

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

e. Every student has the right to have their parents or guardians witness the said

proceedings.

f. Every student has the right to appeal to the SAMAHAN Senate for any decision within

the University and even before the CHED and the regular courts as part of his/her

exhaustion of remedies.

g. Every student has the right to know what degree of guilt is being employed in all

disciplinary proceedings.

h. Every student has the Right to be presumed innocent until proven otherwise.


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i. The trial shall be accessible to the Ateneo de Davao Community upon the approval of

both the prosecution and the defense.

j. The trial shall be publicly announced.

Section 14. Right against inhumane, degrading, and humiliating treatment and penalty.

a. Every student has the right against involuntary servitude unless with solid grounds

and clear violations of the policy/ies of the school stated in the Student Handbook.

b. Every student has the right to be protected against any penalty not provided for in the

student handbook.

Section 15. Right to invoke all other rights as guaranteed by the existing laws within the Philippine

jurisdiction.


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Article V: The Students Bill of Responsibilities

Section 1. Students should observe at all times the rules and regulations of the University and the

provisions of this constitution.

Section 2. Students should protect the prestige and integrity of the school.

Section 3. Students should exercise their rights and privileges responsibly and with due regard for

the rights of others.

Section 4. Students should cooperate with the SAMAHAN Central Board in the attainment of a just,

democratic, autonomous and socially pro-active student body.

Section 5. Students should cooperate, actively participate and support the activities, programs and

projects of the SAMAHAN and the School.

Section 6. Students should check the performance of any elected and appointed officers of the

SAMAHAN regarding their sworn duties and responsibilities to the whole student body.

Section 7.Students should recognize and acknowledge their moral responsibilities to others,

particularly the preferential option for the poor and to themselves as members of the

Ateneo community, in fulfillment of the Jesuit Virtue to be men and women for others.


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Section 8. Students should maintain and elevate the academic standards established in the

curriculum and uphold the highest standards of academic integrity and quality.

Section 9. Students should bring forth an academic atmosphere that will help bring about harmony

among the various sectors of the university

Section 10. Students should settle his/her financial obligations accordingly.


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Article VI: the Structure of Government for the SAMAHAN

Section 1. Constitutional Bodies: The organizational structure of the SAMAHAN shall be composed

of the following:

A. SAMAHAN ng Mga Mag-aaral ng Ateneo

a. SAMAHAN Central Board (SCB)

a.1. SAMAHAN Executive Departments

a.1.1. Campus Clubs Organization (CCO)

a.1.2. Other Executive Departments

b. SAMAHAN Legislative Department (Senate)

c. Commision on Elections (COMELEC)

d. Commision on Audit (COA)

Section 2. The Government of the SAMAHAN shall be composed of items a. (with sub-item a.1. and

its sub-items) and b. of Section 1. The COMELEC shall function as the Electoral Authority

and COA as Auditing Branch. The composition and functions of each of the said bodies

shall be stipulated further in the succeeding Articles of this Constitution.

Section 3. Organizational Structure: The organization structure of the SAMAHAN shall appear as

presented:


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The SAMAHAN, Executive and Legislative Body

SCB

Office of the

President

Office of the

Vice-President

Executive

Departments

Vice President

Senate

Senator Senator Senator

Department of

Division

Governance

Department of

Secretariat

Affairs

Department of

Treasury

Campus Clubs

Department of

Audit

Department of

Information

Gathering and

Dissemination

Office of the

Treasurer

Office of the

Sec-Gen

SAMAHANCOMELEC COA

Campus Clubs

Organization

Other

Departmen


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Division Students Executive Council Structure

DSEC

Governor

Vice Governor

Secretary General

Auditor

Committees

Treasurer


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Article VII: The SAMAHAN Legislative Department

Section 1. The SAMAHAN Legislative Department, which hereafter shall be referred to as the

Senate, shall be the highest policy-making body of the SAMAHAN. The student body shall

exercise collective leadership through the Senate, on which shall be vested Legislative

power, except to the extent reserved for the students by the provision on initiative and

referendum.

Section 2. As the highest policy-making body of the SAMAHAN, the Senate shall concern itself with:

a. Directing the course of the SAMAHAN Central Boards Actions.

b. Deciding on Integral SAMAHAN Policies and on matters regarding student body

projects and activities.

c. Fixing, with consultation from the Administration, the SAMAHAN Membership fee

d. Deliberation and Approval of the Appropriations Bill to be submitted by the

SAMAHAN Treasurer.

e. Addressing and Resolving University-wide, curricular and extra-curricular issues.

f. Addressing and Resolving National and Sectoral issues that directly affect the

student body.

g. Creation and Approval of the Election Code to be adopted by the Commission on

Elections.

h. Review and Approval of the Code of Internal Procedures of the Campus Clubs

Organization (CCO).

i. Approval of Appointed officers and created Executive Departments of the

President and the Members of the SCB.


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Section 3. The Senate shall consist of Division Senators elected at large by and from each division.

Section 4. No student shall be a Senator unless he/she is a bona fide student of the Division he/she

represents and is not holding any other office within the SAMAHAN. If an office-holder is

elected senator, he/she shall forfeit the office he/she is holding.

Section 5. A Senator shall cease to be so upon:

a. The end of his/her term of one (1) school year

b. Recall

c. Resignation

d. Termination of SAMAHAN Membership as stipulated in Article II, Section 3

Section 6. The senate shall be in regular session for one (1) semester, during which the elected

senators will sit in it and the elected Vice President will preside. It shall be in interim

session during summer breaks. In the latter case senators-elect will sit and the vice

president will preside with the exemption of the two (2) seats allotted for the first years,

which shall remain vacant until senators are elected.

Section 7. Pursuant to Article XIV Section 2.a, the SAMAHAN Vice President shall perform the duties

of chair within the Senate. In the Vice Presidents absence, the body shall elect from

among its members a Senate President pro tempore who shall perform the duties of chair.


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Section 8. Any member of the Senate, upon his/her election, shall be prohibited from taking any

other office within the SAMAHAN outside the Senate, save on extraordinary instances

which the Senate shall determine as such.

Section 9. The Senate shall convene on the first Friday of the semester, and it shall be in session for

the duration of that semester. The SAMAHAN President shall on the first day of the said

session put forward the SAMAHANs Agenda for the semester to provide the Senate with

issues to debate upon.

Section 10.Senators shall be answerable to their respective Divisions DSEC in their legislative

action.

Section 11. The Senate shall determine the rules of its course of proceedings, including the votes it

shall require from its members to pass a vote. The Senate may also, upon its discretion,

compel attendance from its members by any means it may provide.

Section 12. The Senate shall document its proceedings, and management of documentations shall

be tasked to the Executive Department involved in Secretariat Affairs. The Secretary-

General, therefore, shall be the Custodian of Legislative Documents.


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Section 13. Senate Proceeding.

a. Decisions to be made by the Senate shall be deliberated upon and approved in the form

of bills.

b. Every bill passed by the Senate shall embrace only one subject which shall be

expressed in the title thereof.

c. No bill passed by the Senate shall become a law unless it has passed two readings on

separate days, and copies of it in its final form have been distributed to its Members a

day before its passage. Upon the last reading of a bill, no amendment thereto shall be

allowed, and the vote thereon shall be taken immediately thereafter, and the yeasand

naysdocumented.

d. Every bill passed by the Senate shall, before it becomes a law, be presented to the

President. If he/she approves the same he/she shall sign it; otherwise, he/she shall veto

it and return the same with his/her objections to the Senate, which shall document and

publicly post the objections and proceed to reconsider it. If, after such reconsideration,

two-thirds of all the Members of the Senate shall agree to pass the bill, it shall become a

law, nonetheless. In such cases, the votes of the Senate shall be determined by yeasor

nays, and the names of the Members voting for or against shall be made accessible to

the students. The President shall communicate his/her vetoof any bill to the Senate

within two weeks after the date of receipt thereof; otherwise, it shall become a law as if

he/she had signed it.

Section 14. In line with Section 2.i., the Senate shall act on all appointments and Presidential

proposals for the formation or dissolution of Departments submitted to it within two

weeks from submission thereof. The body shall rule by a majority vote of all the

Members.


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Section 15. The Senate may, in aid of legislation, invite non-members to speak in Sessions.

Section 16. The President and the members of the SCB, shall have the right to appear before the

Senate uninvited without approval of the house. But, for the purpose of courtesy, the said

SCB member shall inform the body a day prior to the one on which he/she/they

wish/wishes to appear.

Section 17. Voting power on Legislative matters shall be limited to the members of the Senate, but in

the event of a force majeure that shall render the Senator unable to make a vote, a

Senator pro tempore, appointed by the absolute majority of the DSEC of his/her

constituent Division from among the non-office holding students of said Division, may

make the vote in behalf of the Senator (who in principle votes in behalf of his constituent

Division)

Section 18. Non-members of the Senate may draft bills, but, other than the bills to be drafted by

certain members of the SCB, for drafts to be considered in Legislative deliberation, they

must be sponsored by a Senator. If the bill is signed into law, then the bill shall be

attributed to the non-member who drafted it.

Section 19. Sessions of the Senate shall at all times be made accessible to the student body.

Section 20. The yeasand naysof all members of the Senate and all that transpires in it (which shall

be documented by virtue of Section 12) shall be publicly posted and be made readily

accessible to the student body.


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Article VIII: The SAMAHAN Central Board

Section 1. Executive power shall be vested upon the SAMAHAN Central Board, which shall from

hereon be referred to as the SCB.

Section 2. The SCB shall be composed of the SAMAHAN President, the Vice-President, the

Secretary-General, the Treasurer and the Cabinet, which shall be composed of the

Secretaries.

Section 3. No student shall be elected SAMAHAN President unless he/she is a bona fide student of

the Ateneo de Davao University and is not already a holder of any SAMAHAN office. If an

office-holder wins for the Presidency, he/she shall forfeit the office he/she is holding.

Section 4. The SAMAHAN President shall be elected at large by an Absolute Majority (50% + 1) of

student population by plurality.

Section 5. No student shall be elected SAMAHAN Vice President unless he/she is a bona fide

student of the Ateneo de Davao University and is not already a holder of any SAMAHAN

office. If an office-holder wins the election for Vice President, he/she shall forfeit the office

he/she is holding.

Section 6. The SAMAHAN Vice President shall be elected at large by an Absolute Majority (50% + 1)

of student population by plurality.


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Section 7. When the Vice-President assumes the powers and duties of the President by the virtue of

Article XXIII Section 2, the Senate shall elect from among themselves a Senate President

pro tempore who shall have the powers and duties of the Vice President.

Section 8. The Cabinet shall be composed of the SAMAHAN Treasurer, the CCO chairperson, the

SCB Secretary-General, the SCB Auditor, the SAMAHAN PRO, the Head Governor and

other Secretaries that will head the different executive departments as the SAMAHAN

President may deem necessary to create.

Section 9. The members of cabinet shall each have the duty to head an executive department. In

execution thereof they shall have autonomy with respect to the administrative decisions

concerning their respective departments but shall be answerable to the SAMAHAN

President.

Section 10. No student shall be elected SAMAHAN Secretary-General unless he/she is a bonafide

student of the Ateneo de Davao University, qualifies for membership to the Department

of Secretariat Affairs and is not already a holder of any SAMAHAN office. If an office-

holder wins for the Secretary-General, he/she shall forfeit the office he/she is holding.

Section 11. The SAMAHAN Secreatary-General shall be elected at large by an Absolute Majority

(50% + 1) of student population by plurality.


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Section 12. No student shall be elected SAMAHAN Treasurer unless he/she is a bona fide student of

the Ateneo de Davao University, qualifies for membership to the Department of Treasury

and is not already a holder of any SAMAHAN office. If an office-holder wins for theTreasury, he/she shall forfeit the office he/she is holding.

Section 13. The SAMAHAN Treasurer shall be elected at large by an Absolute Majority (50% + 1) of

student population by plurality.

Section 14. No student may become a Department Secretary unless he/she is a bona fide student of

the Ateneo de Davao University and qualifies for membership to the Department he/she

is appointed. He/she may or may not be an incumbent member of the said Department,

but shall become one ex officio. The latter provision shall also be applicable to the SCB

Secretary-General and SCB Treasurer.

Section 15. In line with Article XIV Section 1.f., the President shall choose a Department Secretary

from a list of nominees submitted by the Executive Department concerned. The

appointment will then be deliberated by the Senate before it can become official. After

Senate recognizes the appointee, he/she shall become a member of the Cabinet.

Section 16. The elected chairperson of the CCO will ex officio sit in the cabinet. The provision

provided in section 15 shall not apply in the said office.


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Article IX: SCB Moderator

Section 1. The SAMAHAN Central Board shall have a moderator from among the full-time faculty

members, who shall automatically be an honorary member of the SCB.

Section 2. The appointment of the Moderator shall be made by the president of the SAMAHAN after

having consulted with the SCB. The SAMAHAN President shall send a formal letter of

appointment to the selected faculty member.

Section 3. Functions: The SCB Moderator shall have the following functions:

a. To act as an intermediary between the SCB, the faculty and the Administration.

b. To serve as the adviser of the SCB.

c. To attend all meetings of the SCB, as he/she is deemed needed.

d. To maintain close relations with the duly elected officials of the SCB.

e. To work in accordance with the objectives and principles of this Constitution.

f. To accompany the SCB in activities if deemed necessary by the nature thereof.

Section 4. Voting Power and Influence: The moderator shall have no voting power in the meetings

and deliberations of the SCB and he/she shall not expressly influence the decision making

of the SCB, in accordance to Article III Section 1 Item C Sub-item C2, to his/her interest or

any partisan interest in accordance as well to Article II Section 10 of this constitution.

Section 5. Honorarium: The Moderator shall receive a reasonable honorarium the amount of which is

to be provided by the SCB.


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Article X: The Executive Departments

Section 1. By virtue of Article XIV Section 1.e., the President may, in aid of administration, create and

dissolve ad hoc and standing bodies, which shall be known as Executive Departments

with approval of Senate.

Section 2. Each Executive Department shall be ad hoc in nature and except with respect to the CCO,

its designated function shall be stated in its name, viz, Department of (function).

Section 3. To create an Executive Department, the President shall draft a set of by-laws that shall be

the basis for the said Departments creation. It shall contain the proposed Departments

function, qualifications for membership and other by-laws the President may deem

necessary. The draft shall then be submitted as a Bill of Creation to the Senate, which

shall review, amend and vote on its approval. If the Senate rejects the Bill of Creation,

then the Department shall not be established. The President may opt to revise the Bill for

re-submission.

Section 4. Upon the creation of an Executive Department, the President, with the Secretary-General

acting as clerk of screenings, shall then act as a screening officer for applicants for the

Departments membership. He/she shall come up with a list of successful applicants, with

one applicant nominated as Secretary, and submit it to the Senate, which shall vote on the

lists approval. The successful applicants shall then be the founding members of the

Department, and the nominated Secretary shall become a member of the Cabinet.


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Section 5. All appointments and applications for membership to the Executive Departments shall be

subject to the approval of the Senate. In the event that the Senate rejects an

applicant/appointee, the said applicant/appointee shall not take office. The Senate shallpresent its list of justifications for the objection, and it may as a whole recommend its own

candidate for the office(s) to the President or the Secretary of the Department.

Section 6. The Senate shall, upon the ratification of this Constitution, draft or adopt and approve the

Code of Internal Procedures of the following Executive Departments:

a. Department of Secretariat Affairs

b. Department of Treasury

c. Department of Audit

d. Department of Information Gathering and Dissemination

e. Department of Division Governance

f. Campus Clubs Organization

Section 7. Except for the six Departments listed in Section 6, the President by virtue of Article XIV

Section 1.e. shall have the power to abolish any existing Department as he/she may deem

necessary and with the approval of Senate.

Section 8. To abolish an existing Executive Department, the President shall draft a list of arguments

to that cause in the form of a Bill of Abolition and submit the same to the Senate. The

Senate will then review, amend, if necessary, and vote on the bill. Upon the Presidents

signing of the approved bill, the Department shall cease to exist.


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Section 9. Except for the Secretariat Affairs and Treasury, which shall be administered over by the

Secretary-General and the Treasurer, respectively, the CCO shall be administered over by

CCO Chairperson, each Executive Department shall be headed by a Secretary appointedby the President as elaborated in Article VIII Section 16.

Section 10. The Secretary of the Department of Secretariat Affairs shall be known as the Secretary-

General, the Secretary of the Department of Treasury shall be known as the Treasurer,

the cabinet member of the CCO shall be known as the CCO Chairperson, the Secretary

of the Department of Audit shall be known as the Auditor, the Secretary of the

Department of Information Gathering and Dissemination shall be known as Public

Relations Officer (PRO), the Secretary of Division Governance shall be known as the

Head Governor. All other Secretaries (unless provided for in the Department Code of

Internal Procedures) shall be known as Secretary plus the function of the Department

he/she administers over.

Section 11. With exceptions to the Departments of Secretariat Affairs, Treasury, Division

Governance and the CCO, the President may opt to appoint a Secretary to administer

over the Department. Otherwise, he/she shall take personal responsibility over the said

Department.


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Article XI: The Campus Clubs Organization

Section 1. Definition: The Campus Clubs Organization otherwise called as the CCO is a consultatory

executive department of the SAMAHAN which will coordinate with the different clubs and

organizations in the campus in uniting and promoting their concerted efforts.

Section 2. Organization and Composition: The CCO shall be composed of all recognized clubs and

organizations.

Section 3. Powers and Responsibilities: The CCO shall have the following powers and

responsibilities:

a. The elected Chairman of the CCO shall automatically be the CCO Department

Secretary to the SAMAHAN Central Board.

b. The CCO shall be the authority with regards to all activities of its body and shalldecide on all matters affecting them.

c. The CCO shall recognize, coordinate and supervise the activities of all

recognized clubs and organizations.

d. The CCO shall initiate and implement programs and projects in conformity with

the needs and objectives of the organization.

e. The CCO has the right to decide on matters pertaining to its own internal affairs,

provided that it shall not violate the laws and rights of the students stipulated inthis constitution, as specified in Article IV.

f. The CCO has the right to an appropriation of a fixed semestral budget of the

SAMAHAN Central Board which will be used in the activities of the CCO upon the

approval of the former.

g. The CCO has the responsibility to abide by this constitution.


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Section 4. The CCO Department Secretary may sit in any meeting of the SAMAHAN Central Board,

in consultatory position only, where he/she has no voting power in instances of decision

making of the SCB.

Section 5. The CCO has the right to have its own Code of Internal Procedures provided that it shall

abide to this Constitution and the By-laws of the SAMAHAN, and that it shall not attempt or

directly override or supersede the Constitution of the SAMAHAN and that it shall not

violate the rights of the students as specified in Article IV of this Constitution.


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Article XII: Divisions Students Executive Council

Section 1. The students of the recognized Undergraduate Divisions of the Ateneo de Davao

University shall each form its Division Students Executive Council, which shall hereon be

referred to as the DSEC. Each DSEC shall be known by the name of the Divisions name

plus the words Students Executive Council

Section 2. The DSEC shall have executive and internal legislative power over the students of its

Division, and as such shall have the authority and duty to:

a. Decide on integral Division policies and on matters regarding the student body

of the Division.

b. Addressing and Resolving Division-wide, curricular and extra-curricular

issues.

c. Addressing and Resolving National and Sectoral issues that directly affect the

Division student body.

d. Budget allocation for Division Executive operations as presented by the

Division Treasurer.

e. Oversee all Executive operations (be they that of the SCB, its own Executive

operations or of Classes/Clubs) within and/or concerning the Division student

body.

f. Aid the SCB in the execution of the enacted bills of Senate in the Division

level.

g. Inform the Division students of any matters concerning the Division student

body.


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h. Consult with the division senator regarding the divisions legislative course of

action in the SAMAHAN Senate.

i. Draft a Motion of No Confidence against a Senator.

Section 3.The composition of the DSEC shall be defined by the Divisions constitution and/or by-

laws, provided that all DSECs shall have at least one student elected as the class

representative to the DSEC from each sections associated with the division as a member

therein.

Section 4. The Members of the DSEC and/or the students of the Division as the case maybe shall

elect a Governor, Vice-Governor, a Secretary, a Treasurer, an Auditor and a Public

Relations Officer and any other offices as the Division may deem necessary who shall be

the Officers of the Division.

Section 5. Each Non-officer DSEC representative shall have the following duties:

a. Give the opinion of his/her constituent class in all DSEC meetings.

b. Cooperate with the PRO and inform his/her constituent class about the affairs and

matters concerning the DSEC.

c. Cooperate with the Secretary-General and procure for the DSEC files from the class

Secretary if necessary.

d. Cooperate with the DSEC Treasurer and act as intermediary between the former and

the class Treasurer in allocation of budget.

e. Perform duties as the DSEC may deem necessary.


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Section 6. The schedules of all DSEC meetings shall be announced to the Division student body. All

meetings shall be accessible to the Division students.

Section 7. All that transpires in DSEC meetings shall be documented and be made accessible to the

Division students. Outer parties may get a copy of documents by requesting from the

Secretary-General. In the latter case, expenses for printing shall be covered by the

requesting party (including the Department of Secretariat Affairs).

Section 8. Each Division shall have only one DSEC.


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Article XIII: Class Officers

Section 1. The recognized class sections of the Ateneo de Davao University shall be the class

sections of the SAMAHAN.

Section 2. Each section shall have the following officers:

DSEC Representative

Secretary

Treasurer

Any other officer as the section may deem necessary.

Section 3. Election of the officers:

a. All members of the class are allowed to run.

b. Members shall elect an officer per position.

c. A candidate must be elected by an absolute majority (50% plus 1) of votes.

Section 3. All Class elected officers may be removed from office on recall for culpable violations of

this constitution and betrayal of the sections trust.


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Article XIV: Powers and Duties of SAMAHAN Officers

Section 1. The President, who is elected at large, shall be the highest executive officer of the

SAMAHAN. It shall be the Presidents authority and duty to:

a. Be the Head and Chief Executive officer of the SAMAHAN.

b. Enforces the Constitution as well as other rules and regulations of the

University Student Council.

c. Appoint with approval of the Senate qualified agents if needed to aid in the

execution of administrative function/s.

d. Act as or appoint official representative of the SAMAHAN in its relations with

the administration, the faculty, the public and with other organizations inside

and outside the campus in consultation with approval of the Senate

e. Create and dissolve with approval of Senate Executive departments as his/her

administration may render necessary except for the departments mentioned in

Article X Section 6.

f. Appoint and remove officers from their positions in committees created by the

exercise of Executive powers.

g. Represent, or appoint with approval of Senate qualified representatives to

stand in behalf of the SAMAHAN in its relations with the administration, the

faculty, the public and with other organizations;

i. Execute the provisions of this constitution and the bills enacted by Senate

j. Perform all administrative functions over all executive departments in the

SAMAHAN

k. Preside over all meetings of the SCB.


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l. Sign all documents in behalf of the SCB.

m. Periodically update the student body of the state of the SAMAHAN.

n. Put forward the Governments Agenda to Senate on the first day of its session.

o. Act as the official spokesperson and representative of the SAMAHAN to the

School Administration.

p. Execute the provisions of this constitution as well as the other policies and

laws passed and approved by the SAMAHAN Central Board.

Section 2. Duties of the Vice-President: The Vice-President, who is elected at large, shall have the

authority and duty to:

a. Preside over the senate

b. Perform all the duties and authorities of the president in the event of

Presidents absence and/orincapacities

c. Perform such other functions as the President of the SAMAHAN Central Boardmay so direct.

Section 3. Duties of the Treasurer: The Treasurer who is elected at large shall have the following

duties:

a. Be the official budget officer: The function of whom will include the preparation of

the Semestral Budget.

b. Be in custody of the SAMAHAN funds which he/she shall deposit in the bank

with the SAMAHAN President and Vice-President as the co-signatories, and

be accountable for all funds of the SAMAHAN in such circumstance of theft and

etc.


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c. Keep detailed records of all expenditures of the SAMAHAN.

d. Prepare the annual financial report of the SAMAHAN for examination by the

SCB and also for external audit by the COA.

e. Perform such other functions as the President of the SAMAHAN Central Board

may so direct.

Section 4. Duties of the Secretary-General: The Secretary-General, who is elected at large shall be

the head the Department of Secretariat Affairs shall have the following duties:

a. Be the official custodian of all papers and documents of SAMAHAN.

b. Give notice of all meetings to all officers and members of the SCB.

c. Prepare the written agenda of the meetings of the SCB.

d. Take charge of the correspondence of SAMAHAN.

e. Appoint such number of secretarial aides if necessary to discharge the

functions of his/her office.

h. Advice the President of the Central Board on matter of general administration.i. Opens to public inspection all the documents which are not confidential in

nature to the student body provided that it shall be reviewed by the studentry in

regular office hours.

j. Perform such other functions as the President of the SAMAHAN Central Board

may so direct.


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Section 5. Duties of the PRO: The Public Relations Officer, who is appointed by the President to

head the Department of Information Gathering and Dissemination, shall have the authority

and duty to:

a. Gather information of the general student condition/s.

b. Periodically update the studentry of the state of the SAMAHAN.

c. Take charge of disseminating information about the activities, affairs, bills of

SAMAHAN.

d. Be the Editor-in-Chief of the SAMAHAN official publication

Section 6. Duties of the Auditor: The SAMAHAN Auditor, who is appointed by the President to head

the Department of Audit, shall have the authority and duty to:

a. Be the internal audit of the SAMAHAN in their expenses.

b. Require receipts, proof of payments, and other financial documents from the

SCB for audit.

c. Monitor fund-raising activities initiated by the offices under the SCB.

d. Submit recommendation of the usage of funds to the SCB Treasurer.

e. Review, monitor, collect and summarize all receipts and disbursements of

funds and other financial reports directly or indirectly related to the expenditure

of SCB Funds

f. Perform other such duties and responsibilities related to and/or implied from the

above enumeration of duties and responsibilities.

g. Perform other such functions as deemed necessary by the SCB.


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Section 7. Duties of the Head Governor: The Head Governor, who is elected amongst themselves by

the other Governors of the different Divisions, is the Secretary of the Department of

Division Governance, shall have the authority and duty to:

a. Ensure the active cooperation and participation between the Schools and

Colleges within the Ateneo Community.

b. Submit recommendations and proposals for activities and events to the SCB

President for their own respective divisions and colleges.

c. Require, collect and submit semester-end reports regarding the status of the

divisions and colleges to the SCB.

d. Perform other such functions as deemed necessary by the SCB.

Section 8. Duties of the CCO Chairman: The CCO Chairman, who is elected by the CCO, authority

and duty to:

a. Represent the CCO to the SAMAHAN Central Board.

b. Relay to the SCB the issues, plans, and activities of their respective offices that

may have direct and indirect effect to the student body.

c. Perform such other functions as the President, the SAMAHAN Central Board or

the CCO/GACP may so direct

Section 9. Duties of the Division Senators: The Division Senators who are elected by their respective

division constituents shall have the following duties:

a. Represent their respective divisions in the SAMAHAN Central Board.

b. Be responsible for maintaining liaison between their respective divisions

through the class presidents and the SAMAHAN Central Board.


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c. Relay the issues of his/her respective division to the SCB for immediate

hearing and action.

d. Submit written reports regarding the activities, events, issues and other matters

that concern the studentry to the SCB for review and planning for finding the

resolution of the issues.

e. Directing the course of the SAMAHAN Central Boards Actions

f. Deciding on Integral SAMAHAN Policies and on matters regarding student body

projects and activities.

g. Fixing, with consultation from the Administration, the SAMAHAN Membership

fee

h. Deliberation and Approval of the Appropriations Bill to be submitted by the

SAMAHAN Treasurer

i. Addressing and Resolving University-wide, curricular and extra-curricular issues

j. Addressing and Resolving National and Sectoral issues that directly affect the

student body

k. Creation and Approval of the Election Code to be adopted by the Commission

on Elections

l. Review and Approval of the Constitution and By-laws of the Campus Clubs

Organization (CCO)

m. Approval of Appointed officers and created Executive Departments of the

President and the Members of the SCB

Section 10. Duties of the Division Governors: The Division Governors who are elected by their

respective division constituents shall have the following duties:

a. Administer all Executive operations within the Division student body

b. Oversee the implementation of enacted bills and resolutions, both by the

Senate and by the DSEC itself within the Division


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c. Preside over meetings of the DSEC

d. Be the chief correspondent and consultant (with approval of the DSEC) of the

Division Senator

e. Be the official Division student body representative in any SAMAHAN and

Administrative matters

f. Be the chief correspondent of the SAMAHAN President within the Division

Section 11. Duties of the Division Vice-Governors: The Division Governors who are elected by their

respective division constituents shall have the authorities and duties of the governor in

the absence and/or incapacity of the latter and any other duty the DSEC will instruct

him/her to perform.

Section 12. Duties of the Division Secretary-General: The Division Secretary-General who is elected

by their respective division constituents shall have the following duties:

a. Take custody of all files of the DSEC;

b. Be informed of official correspondence between members of the DSEC.

c. Be the functioning clerk of the DSEC during its meetings.

d. Administer over the class/club secretaries of the Division and take custody of

documents if necessary

e. Secure Administrative Documents in aid of Division Executive and Legislative

operation

f. Prepare necessary documents for the DSEC

g. Be the chief officer of correspondence between Division officersh. Preside over DSEC meetings in the absence of the Governor and the Vice-

Governor

i. Perform other functions that the DSEC may deem necessary.


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Section 13. Duties of the Division Treasurer: The Division Treasurer who is elected by their

respective division constituents shall have the following duties:

a. Prepare the Semestral budget of the Division, to be presented before the

DSEC

b. Monitor and maintain transparency in all expenditures of the DSEC

c. Have in his/her custody the Division Funds, and deposit said funds in the bank

with the Governor as co-signatory

d. Prepare the Semestral Financial report to be presented to the DSEC to be

subject to audit

e. Perform other functions that the DSEC may deem necessary.

Section 14. Duties of the Division Auditor: The Division Auditor who is elected by their respective

division constituents shall have the following duties:

a. Audit the DSEC expenses

b. Present the results of his/her audit to the DSEC

c. Perform other functions that the DSEC may deem necessary.

Section 15. Duties of the Division Public Relations Officer: The Division Public Relations Officer who

is elected by their respective division constituents shall have the following duties:

a. Be the chief Internal Spokesperson of the Division,

b. Inform the Division student body of issues put forward by the DSEC for

discussion

c. Release to the Division student body official information concerning the DSE

d. Gather information and student response to issues within the Division student

body in aid of DSEC Executive and Legislative operations


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e. Deliver invitations prepared by the Secretary-General to individuals or bodies

invited in to DSEC meetings (including General Assemblies) in aid of DSEC

Executive and Legislative operations

f. Correspond with the SAMAHAN Department of Public Information Gathering

and Dissemination

g. Perform other functions that the DSEC may deem necessary.

Section 16. The DSEC Representative has the duty to:

a. Inform the members of the class regarding DSEC plans and activities.

b. Encourage members to participate in the DSEC activities.

c. Ask opinions to improve the performance of DSEC in cooperation with the

Division PRO.

d. Perform other functions that the DSEC may deem necessary.

Section 17. The Secretary of the class shall act as the custodian of the class documents and has the

duty to:

a. Preside over all meetings.

b. Perform all administrative functions over the class.

c. Secure important documents involving the class.


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Section 18. The Treasurer of the class shall be in charge of safekeeping of class funds and has the

duty to:

a. Collect funds involving class activities and requirements.

b. Audit and make records on budget.

c. Cooperate with the Division and SAMAHAN Treasurers in managing the

allocation of and liquidating the funds.


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Article XV: Accountability of Student Leaders/Officers

Section 1. All student leaders must set an example to their fellow students. They must be guided by

the Jesuit core values, with dedication for service and excellence. Guided by the

spirituality of Saint Ignatius of Loyola, they should participate actively in the process of

social awareness and student-oriented service.

Section 2. The SAMAHAN officers 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 during his/her

term

b. Failure to enrol 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 with regards to the Student Handbook

and/or violation to the rights of the students as specified in Article IV of this

constitution.

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

Section 3. A resolution disqualifying a SCB Officer/s can be filed by any student or any of the

SAMAHAN Officers to the Senate.

Section 4. All SAMAHAN officer/s shall be subject to impeachment under any of the grounds

specified in this constitution.


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Article XVI: Constitutional Commissions

Section 1. The constitutional commissions, which shall be independent, are the commission on

elections, the commission on audit, and the constitutional convention.

Section 2. No member of a constitutional commission shall, during his/her tenure, hold any other

office. In the instance that a commissioner or delegate from any of the Constitutional

Commission has any other office, he/she must forfeit the said office. Neither shall he

engage in the practice of any function or in the active management or control of any

organization which in any way may be affected by the functions of his office.

Section 3. The constitutional commissions shall appoint their officials and affiliated students in

accordance with their respective bylaws.

Section 4. The commission shall enjoy administrative and fiscal autonomy; their approved annual

appropriations shall be automatically and regularly released.

Section 5. Each commission en banc may promulgate its own rules concerning pleadings and

practice before it or before any of its offices. Such rules however shall not diminish,

increase, or modify substantive student rights.


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Section 6. Each commission shall decide by a majority vote of all its members in any case or matter

brought before it within two (2) weeks from the date of its submission for decision or

resolution. A case or matter is deemed submitted for decision or resolution upon theacknowledgment of receipt from the receiving commissioner as required by the rules of the

commission.

Section 7. Each commission shall perform such other functions as may be provided by in this

constitution, provided that it remains in its own jurisdiction.


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Article XVII: The Commission on Audit

Section 1. There shall be a Commission on Audit which shall be known hereforth as the COA.

Section 2. The COA shall have the authority, and duty to examine, audit, and settle in external

capacity all accounts pertaining to the expenditures or uses of funds and property, owned

or held in trust by, or pertaining to, the student government, or any of its subdivisions,

clubs, or organizations, it shall keep the general accounts of the student government and,

for such period as may be provided by law, preserve the vouchers and other supporting

papers pertaining thereto.

Section 3. The COA shall be composed of a chairperson and six (6) other commissioners.

Section 4. No student shall become a commissioner in the Commission on Audit unless he/she is a

bona fide student of the Ateneo de Davao University and must not be a holder of any other

position in the SAMAHAN. If an office-holder is appointed as a commissioner, he/she

shall forfeit the office he/she is holding.

Section 5.The chairman and the commissioners shall be appointed by the incumbent commissioners

of the commission. All appointments must have the approval of the Senate.

Section 6. Commissioners shall sit for a term of one school year, including the summer preceding.


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Section 7. The Commission on Audit shall draft or adopt and promulgate its own code of internal

procedures by which it shall execute its duties and exercise its authorities herein provided.

Section 8. The commission shall have exclusive authority, subject to the limitations in this article, to

define the scope of its audit and examination, establish the techniques and methods

required therefor, and promulgate accounting and auditing rules and regulations, including

those for the prevention and disallowance of irregular, unnecessary, excessive,

unjustifiably extravagant, or unconscionable expenditures, or uses of student funds.

Section 9. No student law shall be passed exempting any entity of the student government or its

subsidiary in any guise whatever from the jurisdiction of the commission on audit.

Section 10. The commission shall submit to the president and Senate, within a month before the

school year ends, an annual report covering the financial condition and operation of the

student government, its subdivisions, clubs, or organizations, subject to its audit, and

recommend measures necessary to improve their effectiveness and efficiency. It shall

submit such other reports as may be deemed necessary.


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Article XVIII: The Commission on Elections

Section 1. The Ateneo de Davao University Commission on Elections or shall be known here forth as

the COMELEC is an independent body serving as the electoral arm of the SAMAHAN

charged with the administration and facilitation of the SAMAHAN Central Board and

SAMAHAN Senate elections, plebiscites, and referenda.

Section 2. The COMELEC shall be composed of ten (10) to fifteen (15) commissioners.

Section 3. The Commissioners shall sit for a term of one (1) school year beginning on the first day of

the first semester and ending on the last day of the same academic year, except for

extraordinary cases that the Senate shall deem thus.

Section 4. The COMELEC shall draft or adopt and promulgate its own code of internal procedures by

which it shall execute its duties and exercise its authorities herein provided.

Section 5. The qualifications for appointment of COMELEC Commissioners shall be determined by

the commissions constitution and/or by-laws.

Section 6. The COMELEC shall have the following duties and responsibilities:

a. Exercise control, supervision and/or jurisdiction over all matters pertaining to

SCB and Senate candidacy, campaign, elections, plebiscites, and/or

referenda to the extent provided herein;


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b. Provide information to the student body on all election laws, procedures,

decisions, and other matters related to SCB and Senate candidacy,

campaign, elections, plebiscites and/or referenda;

c. Enforce and interpret the electoral code;

d. Hear and resolve all protests, appeals, and complaints pertaining to the

conduct of SCB and Senate candidacy, campaign, elections, and referenda.

After the protest period and having exhausted all means in resolving such, the

COMELEC may forward cases or violations to the Senate;

e. Investigate all cases involving cheating and dishonesty at the polls. All cases

shall be treated as violations of the Code of Discipline stated in the Student

Handbook and will therefore be reported to the Office of the Student Affairs;

f. Apply sanctions to the candidate in violation of the provisions of the Electoral

Code;

g. Handle matters pertaining to political parties in accordance to the Electoral

Code;

h. Be granted access, during the election period, to all lines of communication to

the student body held by the SCB for uses limited to promotion and

information dissemination.

Section 7. There shall be an electoral code, which shall be drafted and approved by the senate and

which should at all times be in full agreement with this constitution. In the event of non-

concurrence this constitution shall supersede the particular article or section of the said

electoral code. The said electoral code shall be reviewed annually and revised accordingly

by the current Board of Commissioners subject to the approval of the senate.


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Article XIX: Elections and Appointments

Section 1. The SAMAHAN elections shall be conducted by the COMELEC on the third (3 rd) week of

February. With exceptions to the First Year Representatives which shall be elected in the

third (3rd) week of July.

Section 2. The Election of Class Officers shall be conducted within the first three (3) weeks of the

Academic year. The class shall be in quorum during the election, otherwise no election

shall occur. In such event, the COMELEC shall set a date for another election and compel

the class, by virtue of Article V Section 5, to be in quorum. Each class shall have a set of

Class Officers as stipulated in Article XIII Sections 2 and 3.

Section 3. Appointments for any office made by the President or any other authorized officer shall be

subjected for review and approval by the Senate as stipulated in Article VIII Section 5.a.


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Article XX: Finance and Budget

Section 1. The fund of all the different branches of the SAMAHAN shall collectively come from the

membership fee of every student enrolled during the current academic year and other

sources such as fund-raising activities and projects. Subsidiary branches and

organizations of the SAMAHAN may opt to collect membership fees from their constituents

in the pursuit of their endeavors and with the approval of Senate.

Section 2. The amount of contribution shall be determined by the SAMAHAN Senate and shall be

collected upon enrolment.

Section 3. The collection of the said membership fee shall be made by the Finance Office upon

enrolment.

Section 4. All expenses of the SAMAHAN shall be paid out from the said fund in accordance with the

SAMAHAN budget prepared by the SAMAHAN Treasurer and amended and approved by

the SAMAHAN Senate.

Section 5. The SAMAHAN budget shall at all times be in accordance with the principles provided

herein and with the approved university guidelines on accounting and auditing rules and

procedures. It shall provide for the use of the funds for purposes that will only benefit the

students in general.


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Section 6. All other authorized collections by the SAMAHAN Central Board, through the Accounting

Office for a special purpose shall be used for the said purpose only. Should there be a

balance from the said collected fund, the said balance shall be automatically transferred tothe general fund of the SAMAHAN.

Section 7. The balance of the SAMAHAN funds for the fiscal year shall be added to the fund for the

fiscal year succeeding.

Section 8. All books of account of the SAMAHAN shall be open to the Student Body at all times.


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Article XXI: Impeachment and Recall

Section 1. The Officials of the SAMAHAN Executive, i.e. the members of the SCB and the Executive

Departments as well as the Members of the Constitutional Commissions, may be removed

from office by impeachment for violation of this Constitution, bribery, graft and corruption,

or betrayal of students trust.

Section 2. All bona fide students of Ateneo de Davao University as stipulated in Article II Section 1

shall have the power to initiate all cases of impeachment. The petition for impeachment

shall contain the justifications for the impeachment therein called for.

Section 3. No impeachment proceedings shall be initiated against the same officer more than once in

every semester.

Section 4. All motion of impeachment shall be submitted before the Senate in the form of Articles of

Impeachment. The said article shall contain the justifications for the impeachment therein

called for. The Senate shall act on the motion within two (2) weeks including weekends

after submission.

Section 5. The Senate shall all have the sole power to try and decide all cases of impeachment.

When the SAMAHAN President is on trial, the Vice-President shall preside, but shall not

vote. When the latter or the SAMAHAN Treasurer is on trial, the President shall do

likewise. No person shall be convicted without the concurrence of absolute majority of all

the Members of the Senate.


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Section 6. Judgment in cases of impeachment shall not extend further than removal from office and

disqualification to hold any office under the SAMAHAN perpetually, but the party convicted

shall nevertheless be liable and subject to prosecution, trial, and punishment, according tostudent and/or Philippine Law.

Section 7. Members of Senate, DSECs and Class Officers may be removed from office by recall for

violation of this Constitution, bribery, graft and corruption and betrayal of constituent trust.

Section 8. The constituent of the Senator/DSEC member/Class Officer shall have the exclusive

power to initiate all cases of recall against the said officer, but the Senate/DSEC may,

upon approval of two-thirds majority of its members, address the constituent body to

suggest a recall.

Section 9. The President shall have exclusive power to decide on cases of recall and the COMELEC

shall have the exclusive duty to deliberate the sufficiency of all motions of no-confidence.

Section 10. No recall proceedings shall be initiated against the same officer more than once in every

semester.

Section 11. For the Senators, a Motion of No Confidence may be filed by any student of the

Senators Division with the endorsement of a member of the said Divisions SEC, it shall

be included in the said DSECs Order of Business within one (1) day after the motion has

been filed. The DSEC shall deliberate on the motion in one (1) school week and vote on


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absolute majority on the motion. The motion, containing a list of arguments for recall and

the list of the DSEC members who voted for it shall then be filed before the COMELEC.

Section 12. The COMELEC shall deliberate upon the sufficiency of a motion of no-confidence

(whether or not it has complied with the due requirements) within one (1) school week

after its submission. When it has validated the motion the same shall be presented to the

SAMAHAN President, who shall sign the motion if he/she approves of it or, if he/she

rejects it, return it personally to the DSEC, presenting his/her arguments for the motions

contrary. If the DSEC despite the Presidents veto votes by absolute majority to recall the

Senator, then the Senator shall be recalled. If the President does not act on the motion

with in one (1) school day the recall shall be made as if he/she has signed it.

Section 13. Following the impeachment of the President, the Vice-President shall assume all the

authorities and duties of the President immediately thereafter for the remainder of the

Impeached Presidents term, while the Senate shall elect from among its members a

Senate President who shall assume all the authorities and duties of the Vice-President.

Following the impeachment of the Treasurer, the President shall appoint an acting

treasurer from the Department of Treasury while the COMELEC shall conduct an

election for the office.

Section 14.Following the recall of a Senator, the Divisions Governor shall temporarily assume the

office, while the COMELEC shall conduct an election for the Senators office. In the event

of the Governors absence, the members of the DSEC shall elect from among the non -

office holding students of its Division a Senator pro-tempore while the COMELEC shall

conduct an election for the Senators office.


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Section 15. The proceedings by which a DSEC Officer shall be impeached from office shall be

provided for by the Divisions Constitution and/or By-laws. The same shall provide the

chain of command in the event of an officers impeachment.

Section 16. For DSEC Representatives, a Motion of No-Confidence may be filed by any student of

the Representatives constituent section to the DSEC. The motion shall contain a list of

arguments supporting the motion and the signatures of the absolute majority of the

constituent section that supports the motion.

Section 17. The DSEC, excluding the Representative in question, shall deliberate on the motion

within one (1) school week. If the DSEC has voted with an absolute majority of votes for

the Motion, then the Representative in question shall cease to be a member of the

DSEC. If the DSEC votes against the motion, it shall present its arguments before the

class, which shall vote on it. If the Class decides to overrule the DSECs vote, then the

Representative shall cease to be a member of the DSEC.

Section 18. The recall of any DSEC member who does not qualify for the criteria of DSEC

Representative provided for in Article XIII Section 2, shall be provided for in the Division

Constitution and/or By-laws.

Section 19. Following the recall of a DSEC representative, the COMELEC shall immediately send a

delegate commissioner to oversee an election for the offices replacement. No class

election shall be valid unless a COMELEC delegate is present in official capacity during

the elections.


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Section 20. Hearings should be at least done twice a week.

Section 20. All impeachment and recall proceedings shall be properly documented by the Senate

and the Secretary-General of SCB.

Section 21. Procedural and substantial due process shall be strictly observed on the entire duration

of the impeachment proceedings.

Section 22. Judgment in cases of impeachment shall not exceed further than removal from office.


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Article XXII: Resignation

Section 1. Procedure for resignation: Anyone who desires to resign must file a formal letter which

must contain the reason for his/her resignation addressed to the presiding officer one (1)

week before the said resignation. In the same period of time, he/she must have public

announcement wherein the reason for his/her resignation is clearly stated to the student

body.

Section 2. The resignation shall be approved by his/her own governing body.

Section 3. Before the resignation, the resigning officer shall append a report of accomplishments

and/or proposals to the SCB or the Senate.

Section 4. All powers and functions, papers and documents of the resigning officer upon his/her

resignation shall be turned over to his/her constituents.


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Article XXIII: Vacancies

Section 1. Presidential Vacancy: Any permanent vacancy in the office of the President of the SCB

shall be filled by the Vice-President.

Section 2. Vice-Presidential Vacancy: In case of a vacancy in the office of the SCB Vice-President, it

shall be filled by Senate President Pro Tempore whom shall be elected by the Senate

amongst themselves.

Section 3. Presidential and Vice-Presidential Vacancies: If in case of vacancies that shall

simultaneously occur in the Presidency and Vice-Presidency, the Secretary-General shall

act as the temporary President of the SCB and Section 2 of this Article shall apply, until

such vacancies are filled.

Section 4. Secretarial Vacancy: In case of vacancy in the office of SCB Secretary-General, the

second highest number of votes shall fill the office.

Section 5. Treasury Vacancy: In case of vacancy in the office of SCB Treasurer, the second highest

number of votes shall fill the office.

Section 6. Senatorial Vacancy: In case of a vacancy in the office of the Division Senator it shall be

filled in through a special elections in that College/Division.

Section7. Governorship Vacancy: Any permanent vacancy in the office of the Division Governor it

shall be filled by the Vice-Governor.


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Section 8. Vice-Governorship Vacancy: In case of a vacancy in the office of the Vice-Governor it

shall be filled in through a special elections in that College/Division.

Section 9. Governorship and Vice-Governorship Vacancies: If a case of vacancies that shall

simultaneously occur in the office of the Governor and Vice-Governor, the Secretary of the

Division shall temporarily act as the Governor of the Division, until such vacancies are

filled through a special election.

Section 10. Class DSEC Representative Vacancy: Any permanent vacancy in the office of the DSEC

Representative it shall be filled by the Class Secretary.


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Article XXIV: Revisions and Amendments

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

a. The Senate, upon a vote of three-fourths of all its Members (ConAss);

b. A Constitutional Convention (ConCon);

c. The Students, through a direct initiative (SI);

Section 2. Proposals for amendments of this constitution must undergo an public announcement to

state the justifications for the said proposal. There shall be three (3) readings of the said

proposal before it could be pushed through for plebiscite.

Section 3. Before a public reading to all the colleges with in the university could be held there shall

be ten (10) school days after the third and final reading.

Section 4. Any amendment or revision to this constitution shall be valid only after an absolute

majority has voted on it in a plebiscite, which shall be held the day following that on which

the Constituent Assembly or the Constitutional Convention has voted on the

amendment/revision or following that on which the COMELEC has deemed a petition

sufficient.

Section 5. No amendment shall be authorized within two (2) years following the ratification of this

Constitution nor oftener than once every four years thereafter or as may be deemed

necessary.


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Section 6. Amendments to or revisions of this constitution shall always be ratified within the first

semester of the school year.

Article XXV: Constitutional Assembly

Section 1. The Senate may amend or revise this Constitution by forming a Constituent Assembly.

Amendments and revisions shall undergo the same process as that of passing bills.

Amendments and revisions shall not take effect unless voted on by three-fourths of all the

members.

Article XXVI: Constitutional Convention

Section 1. Function.The Constitutional Convention, which is otherwise called as ConCon, shall be

independent from the SCB and the Senate. In the event that the Senate, by a vote of

absolute majority of all its Members calls for a ConCon, it shall be the only body which

could propose amendments or revisions in this constitution.

Section 2. Composition.It shall be composed of (2) representatives from each Division, one

nominated by the Division Governor and the other by the Division Senator, and from the

Offices of the SAMAHAN President, the SAMAHAN Vice-President, the SAMAHAN

Treasurer, the COA and the COMELEC.


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Section 3. The representatives for the Constitutional Convention must not be holding any office

under the SAMAHAN. In the instance wherein a representative is nominated while holding

a position and/or office in the SAMAHAN he/she has the prerogative to decide which officehe/she wishes to fill. If he/she decides to take the seat as a ConCon Representative,

he/she must vacate the position he/she is occupying.

Section 4. The members of the Constitutional Convention, during his/her tenure, shall not accept

and/or take hold a term of office in any other recognized clubs/organizations of the school

or offices under the SAMAHAN. Otherwise, he/she must forfeit his/her seat in the

Constitutional Convention.

Section 5. The Constitutional Convention may invite a moderator