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2013 AMENDED UNIVERSITY STUDENT COUNCIL CONSTITUTION

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 (USC) as well as the College

Student Councils (CSCs) 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 USC is a democratic and autonomous body.

a. Democratic

Internal school regulations that concern the students shall be subject to their

consent through their duly elected representatives unless otherwise stipulated by

Philippine laws and jurisprudence.

b. Autonomous

It shall enjoy:

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b.1. Administrative Autonomy

The USC 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 USC 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 USC believes in the principle of collective leadership as a means of effective

governance.

SECTION 4

The USC believes that collaboration with the administration, faculty and support staff is

indispensable in achieving common goals.

SECTION 5

The USC believes that there should be amicable ties with other schools, universities and

organizations nationwide and abroad.

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 USC believes that education is a right and definitely not a privilege.

SECTION 11

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The USC 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 USC believes that all Council Officers should remain at all times faithful to the office

he/she is serving and should not in any occasion allow partisan interest to prevail over office

duties and functions.

SECTION 13

The USC adheres to the legal principle of “in loco parentis”. Herein, the school, its

administrators and faculty shall have special parental authority and responsibility over students

while under their supervision, instruction or custody.

SECTION 14

The USC believes in the independence of CSCs. The CSCs, as mandated by the students,

shall be the official representative of all bona fide students of their respective colleges in

pursuing their rights, welfare and concerns. However, the USC has the authority to monitor the

CSCs to better serve the students.

SECTION 15

The USC 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, Student Commission on Elections, Reserve Officer Training Corps,

Political Parties, CSCs and other groups established not contrary to the provisions of this

Constitution.

B. OBJECTIVES

SECTION 1

The USC shall serve as a mediator between the student body and any sector of the

Lasallian community in case of differences.

SECTION 2

The USC, together with the student groups, shall be an active agent in promoting

national awareness and consciousness among DLSU-D students.

SECTION 3

The USC shall foster an atmosphere where critical thinking prevails.

SECTION 4

The USC shall protect the rights and welfare of the students at all times.

SECTION 5

The USC, 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 USC shall regularly conduct consultation with students so as to be guided by their

sentiments.

SECTION 7

The USC Executive Board, as headed by the President, shall create committees needed

for the proper discharge of their office’s duties and responsibilities.

SECTION 8

The USC 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, to

participate in any decision-making of the University and College that affects the student

in general.

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

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

grades without prejudice to Art. III Sec. 1 a.4.

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

grades without prejudice to Art. III Sec. 1 a.4.

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.

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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 or purposes of which are not

contrary to law.

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 evaluate the performance of their professors.

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 informed 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 any time after the second week of

classes.

SECTION 6

Right to privacy.

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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 at least 30 days prior to the start of the University’s Multi-Sectoral

Consultation on tuition fee increase.

d. Every student has the right to be informed about tuition fee increases before the

start of the academic year.

SECTION 8

Right to suffrage.

SECTION 9

Right to equal access to adequate and safe properties, facilities and equipment.

SECTION 10

Right to due process.

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

accusations against him/her.

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

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

d. Every student has the right to be represented by a competent counsel of his/her own

choice.

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

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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 Commission on Higher Education (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.

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.

d. exercise his/her rights and privileges responsibly.

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

the USC, CSCs as well as 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 University properties, facilities and equipment and keep them

free from all forms of vandalism.

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ARTICLE V

COMPOSITION, ELECTION, TERM OF OFFICE QUALIFICATION AND

VACANCIES OF THE UNIVERSITY STUDENT COUNCIL

SECTION 1

The USC shall be composed of:

a. Executive Board

a.1 President

a.2 Vice President

a.3 Secretary

a.4 Treasurer

a.5 Auditor

a.6 Business Manager

a.7 Public Relations Officer (2)

b. Legislative Board

b.1 The Legislative Board is composed of Presidents of the different CSCs.

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 CSCs shall be elected by bona fide students of their

respective colleges.

SECTION 3

The term of office of all USC officers 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. No USC officer shall

serve for more than three (3) consecutive terms.

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 have at least one (1) year of residency in the University on the day of elections;

d. not have been found guilty of any major offense;

e. must have obtained a GPA of 1.75 or higher, with no failing grade in any of the

subjects enrolled during the semester immediately preceding the election; and

f. must be enrolled as a student for at least one (1) full academic year in the University

after the election.

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SECTION 5

All USC Officers are required to submit a report of grades every semester to the Student

Development and Activities Office (SDAO).

SECTION 6

a. Permanent vacancies may occur in the following situations:

a.1 Impeachment;

a.2 Permanent physiological and/or psychological incapacity;

a.3 Resignation; or

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; or

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 USC

Executive Board in a special meeting called for the purpose. However, the said officers shall

serve only for the unexpired term.

SECTION 9

If a permanent vacancy occurs in any remaining University Student Council office, the

remaining USC Executive Board shall convene within 3 working days upon submission of the

resolution to SDAO with the Legislative Board a special meeting called for the purpose to elect

among the Legislative Board who shall fill the vacancy.

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 Legislative Board is given

seven (7) working days to comply upon the receipt of such memorandum. The recommendation

should be accompanied by the recommended student’s curriculum vitae. Recommendations

are limited to one (1) qualified student per college.

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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 recommended

student/s who shall fill the vacancy. The elected officer shall, however, serve only for the rest of

the unexpired term.

SECTION 11

If the Legislative Board failed to submit names of the recommended student/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 12

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.

SECTION 13

In case of temporary vacancy 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 14

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 USC;

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 USC;

c. represents the USC on occasions or events where the organization needs

representation;

d. creates special committees and appoints the chairman and members of the said

committees necessary to the noble objectives of the USC;

e. signs all communications, project proposals, requests, forms and all other official

documents of the USC;

f. prepares and implements the budget of the council with the concurrence of the

majority of the USC Executive Board;

g. monitors the activities of the CSCs;

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h. religiously attends the Institutional Council meetings such as President’s Council

Meeting, Operations Council Meeting, Safety and Security Council Meeting (Internal

and External), University Development Council Meeting, Academic Council Meeting, by

invitation, and other meetings called by special councils and/or committees; and

i. 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;

and

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 USC;

b. prepares communications and files documents pertaining to the USC; and

c. performs all other functions delegated by the President.

SECTION 4

The Treasurer:

a. collects and receives all incoming funds except for the USC fund which is to be

collected by the Accounting Office therefore;

b. monitors cash flows of the USC trust fund;

c. supervises all payments, requisitions and the liquidation of transactions;

d. renders a financial report to the USC after every activity;

e. monitors and assists all CSCs treasurers in preparing financial reports/statements;

f. requests a financial report from the Accounting Office if deemed necessary; and

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 USC;

c. monitors trust fund allocations for every activity;

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

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e. monitors and assists all College Student Council auditors in auditing financial

statements; and

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 he University Student Council;

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

c. screens all project proposal prepared by other Executive Board and submits 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; and

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. perform all other functions delegated by the President.

SECTION 8

Legislative Board

a. The Legislative board is composed of the presidents of College Student Councils. It is

headed by the senior member, who is voted by the majority of the Legislative Board.

The senior member is selected through casting of votes by majority of the Legislative

Board ( 50% plus one). However, if the leading candidate has votes less than 50% plus

one, the USC Executive Board has the power to appoint the senior member of the

Legislative Board.

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

b. may conduct inquiries and investigations assuring that members of the Executive

Board are performing their functions.

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

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d. Submits a copy of monthly report to the USC which will include:

d.1 approved project proposal;

d.2 accomplishment reports;

d.3 financial statements; and

d.4 minutes of the meeting.

e. Assists the USC in the implementation of approved policies, projects, programs and

activities in their respective colleges.

ARTICLE VII

ACCOUNTABILITY OF STUDENT LEADERS

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 office on any of the following

grounds:

a. failure to maintain a GPA of at least 1.75 during his/her term;

b. having obtained a failing grade in any of the subjects enrolled immediately before

and/or during his/her term;

c. failure to enroll during his/her term of office;

d. failure to attend regular meetings for five (5) times within the semester or three (3)

consecutive times unless valid reasons are presented;

e. guilty of committing a major offense; or

f. 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 USC constitution;

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

c. Malversation of council funds; and

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d. Holding any executive position in other student groups 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; and

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/her 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 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. The presiding officer shall have no voting power unless

a tie in the number of vote exists.

No officer shall be impeached 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 (30) working days upon filing

of the case to the SDAO. Hearings should be at least done twice a week.

SECTION 10

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 be limited to removal from office and

disqualification to hold any student office, but the party convicted may also be liable for

violations of the Student Handbook and existing laws.

SECTION 12

Decisions in the impeachment proceedings can be appealed by the subject officer to the

Magistrate.

SECTION 13

The appeal shall be filed within ten (10) working days from the notice of judgment

appealed from.

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SECTION 14

The notice of appeal shall indicate the parties to the appeal, specify the judgment or

part thereof appealed from, and state the material dates showing the timeliness of the appeal.

SECTION 15

The failure of the appellant to comply with any of the foregoing requirements, regarding

the contents of and the documents which should accompany the appeal and timeliness of the

appeal shall be sufficient grounds for the dismissal thereof.

SECTION 16

The execution of judgment of impeachment shall not be stopped by the filing of appeal

to the Magistrate.

ARTICLE VIII

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; and

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 meetings are present.

SECTION 4

During the regular and special meetings, the USC Adviser shall be duly notified. His/her

presence is required if deemed necessary.

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ARTICLE IX

THE UNIVERSITY STUDENT COUNCIL ADVISER

SECTION 1

The USC shall have an adviser from De La Salle University-Dasmariñas who is a regular

full-time faculty member.

SECTION 2

The USC Adviser shall be chosen from among three (3) nominees submitted by the USC

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.

SECTION 4

The University Student Council Adviser shall have the following functions:

a. advise the USC;

b. maintain liaison between the USC 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 USC.

SECTION 5

USC Adviser shall have no voting power.

ARTICLE X

FUNDING OF THE COUNCIL

SECTION 1

The USC 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.

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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 USC, 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

Should the balance of the USC Trust Fund for a specific term be in surplus, the surplus

shall automatically be transferred to the USC Endowment Fund. However, any deficit incurred

during a specific term may not be offset from the USC Endowment Fund. Any deficit incurred

during a specific term shall only be offset by new fund collection.

SECTION 7

For all purposes of this fund, the incumbent officers and their successors must use this

fund to benefit the students in general.

ARTICLE XI

MAGISTRATE

SECTION 1

The Magistrate shall have the following powers:

a. Exercise original jurisdiction in settling actual controversies involving the

interpretation of this Constitution;

b. Exercise original 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; and

d. Exercise original jurisdiction in settling actual controversies involving election

related matters

SECTION 2

For section 1 a., (Settling actual controversies) 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. Director of Student Development and Activities Office;

4. Senior Member of the Legislative Board; and

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5. SCE Chairperson.

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/her in rendering a decision. Each office is entitled to one vote.

All cases and decisions shall be rendered by the Magistrate sitting en banc.

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) calendar

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) calendar 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.

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 appellant.

SECTION 10

If it is the USC President who is on trial, it shall be the USC Vice President who shall sit as

the 5th member of the Magistrate only for the purpose of that appealed case.

SECTION 11

All decisions rendered by the Magistrate shall be deemed final and executory unless

amended, revised, or reversed by the same body sitting en banc.

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ARTICLE XII

AMENDMENTS AND REVISION OF THE CONSTITUTION

SECTION 1

The amendment and the revision of the Constitution may be made through a motion

proposed in the form of a draft constitution by a member of the USC EB and/ or LB, subject to

the approval of majority of the following offices entitled for one vote each:

a. University Student Council Executive Board;

b. Legislative Board;

c. Student Commission on Election;

d. Student Development and Activities Office; and

e. Office of the Student Services.

SECTION 2

Upon the approval of the motion, the USC EB will determine the mode of convening and

forming a body entitled to amend or revise the Constitution. The following can be used for

specific purposes:

a. Constitutional Convention – for the purpose of revising the Constitution. Each

member coming from the following offices shall be entitled to one vote each:

a.1 University Student Council Executive Board;

a.2 College Student Council’s Executive Board;

a.3 University Student Commission on Election Executive Board; and

a.4 Office of the Student Services Administrators (OSS Dean, SDAO Director, USC

Adviser, SCE Adviser, SPO Director, SWC Director, ROTC Coordinator, SWAFO

Director)

b. Constitutional Assembly – for the purpose of amending the Constitution . Each

member coming from the USC EB and LB shall be entitled to one vote each.

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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ARTICLE XIII

RATIFICATION

SECTION 1

Ratification – Any amendment or revision of this constitution shall be valid upon the

ratification of a majority of the votes of the students cast during the plebiscite called for such

purpose.

There must be a period allotted for campaigning of the duly revised/amended

constitution to be organized by the convention/assembly called for. After the approval of the

convention/assembly, 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. However, the batch of USC and CSC officers of 2013-2014 shall be

binded by the rules of the old 2008 USC Constitution.

SECTION 2

This Constitution shall serve as the basic and paramount law of all elected and

appointed student leaders in this University (USC, CSCs). Any document which is contrary to the

provisions herein shall be held null and void. Notwithstanding this, it is also accepted that every

college council has some 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;

b. Article 6 Sec. 8; and

c. Article 10.

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

their Internal Rules which shall be in accordance with the provisions of this Constitution.

SECTION 3

For purposes consistent with the abovementioned section and for this document’s

interpretation in analogous cases in the college councils, the term University Student Council

(USC) as mentioned in this Constitution shall also pertain to College Student Councils.

SECTION 4

For the provision on Article 12, which calls on the other recognized student group (SCE)

to be part of the Magistrate, this shall also be bound by the constitution’s supremacy to abide

by its mandate.

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SECTION 5

Immediately after this document’s ratification in a plebiscite, the term of office of all

elected officers of the USC, College Student Councils and the Program Councils shall commence

on the first day of May and will end on the last day of April.

SECTION 6

Pending the formulation of the rules and guidelines governing the Student Paralegal

Services of the USC, the USC shall, as mandated by this Constitution and if deemed necessary,

continue to accompany students in different for a and proceedings in which the latter’s rights

and welfare are concerned.

The foregoing proposed Amended Constitution of University Student Council was

approved by the Students’ Constitutional Assembly of 2013 on the 12th day of April, Two

Thousand and Thirteen and accordingly signed on the same day at the Assembly Hall of

Recollection and Conference Center, De La Salle University–Dasmariñas, City of Dasmariñas,

Cavite by the delegates whose signatures are affixed in a separate resolution adopting the

same.

.

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APPENDIX

A RESOLUTION APPROVING THE PROPOSED 2013 UNIVERSITY STUDENT COUNCIL

CONSTITUTION

WHEREAS, the University Student Council saw the need to amend its own Constitution;

WHEREAS, the USC Executive Board approved the motion to convene a Constitutional Assembly

to draft and approve a proposed constitution;

WHEREAS, the University Student Council convened a Constitutional Assembly for the purpose

of drafting and approving a proposed constitution;

WHEREAS, the University Student Council drafted and approved a proposed constitution for the

University Student Council;

WHEREAS, the proposed constitution shall hereinafter be referred to as the 2014 Amended

University Student Council Constitution;

WHEREAS, the Constitutional Assembly called for the purpose of amending a constitution for

the University Student Council hereby approves the said document;

NOW THEREFORE RESOLVED, AS IT HEREBY RESOLVED, that the Amended 2013 University

Student Council Constitution was approved by the members of the USC Students’ Constitutional

Assembly on 23rd day of April, two Thousand and Thirteen at the Retreat and Conference

Center, De La Salle University- Dasmariñas, by the delegates.

THE DELEGATES TO THE 2013 STUDENTS’ CONSTITUTIONAL ASSEMBLY

UNIVERSITY STUDENT COUNCIL

Josephine Calanno

President

Anrol Cruz

Vice President

Mareez Bautista

Secretary

Kristia Camille Montoya

Treasurer

John Cyrille Chavez

Auditor

Weijin Sto. Domingo

Business Manager

Charles Jerome Iglesia

Public Relations Officer

Alliane Akiyama

Public Relations Officer

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COLLEGE STUDENT COUNCIL

College of Business Administration and Accountancy Student Council

Krystel Princess Valenzuela, President

College of Criminal Justice Education Student Council

Angelito Frias, President

College of Engineering, Architecture and Technology Student Council

Marie Owynne Pollescas, President

College of Education Student Council

Romel Sumog-oy, President

College of Science and Computer Studies Student Council

Jean Camille Mendoza, Auditor

College of Tourism and Hospitality Management Student Council

Ana Karissa Saulog, President