LSG Constitution

7/31/2019 LSG Constitution

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THE UNIVERSITY OF THE PHILIPPINESLAW STUDENTS CONSTITUTION1

PREAMBLE

We, the students of the University of the Philippines College ofLaw, desirous to establish an autonomous student government that shallembody the highest aims and ideals of a free studentry, and in order tounite the students of the College, develop a responsible leadership andto promote the general welfare of the studentry, do hereby ordain andpromulgate this Constitution.

ARTICLE I

THE LAW STUDENT GOVERNMENT

Section 1. Composition. --- The Central Board and the Electoraland Judicial Tribunal shall be jointly known as the Law StudentGovernment (LSG).2

Section 2. Constitutional Commissions. --- There shall be createdthe Academic Reforms Commission and the Bar OperationsCommission.3

ARTICLE IIFUNCTIONS, POWERS AND DUTIES

OF THE LAW STUDENT GOVERNMENT

Section 1. Functions. --- The Law Student Government shallpromote the general welfare of the students and shall ensure theprotection of their rights.4

1 The 2005 Constitution is entitled The Constitution of the Law Student Government, College of Law,

University of the Philippines. The Commission felt the need to name the 2009 revision as found herein in

order to more accurately reflect and unequivocally declare that this proposed Constitution is for and by allstudents in the UP College of Law, and that it encompasses functions extending beyond those of the LSG .

2 This sections counterparts are found in Art. I of the 2005 Constitution. In effect, it combines and amends

Secs. 1 and 2 thereunder by naming and establishing the two bodies that compose the LSG.

3 This section is new. It mandates the establishment of two Commissions oriented toward scholastic, as

opposed to extra-curricular, pursuits. These Commissions will function separately and distinctly from the

LSG.

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Section 2. Powers and Duties. --- The Law Student Governmentshall exercise those powers expressly granted and those necessarilyimplied therefrom. Pursuant to the performance of its functions, it shallbe the duty of the Law Student Government to collect a fee of P 100.00from each student every semester of enrollment, subject to adjustment

by the Central Board at the end of every academic year when necessaryand desirable.5

ARTICLE IIITHE CENTRAL BOARD6

Section 1. Powers and Functions of the Central Board. --- TheCentral Board shall have the following powers and functions:

(1) To make policy decisions on matters affecting the

students of the College;(2) To formulate and implement a general program of

action for the current academic year;(3) To create executive committees, boards, and other

bodies as are necessary to implement Law StudentGovernment policies and programs;

(4) To fully orient all incoming classes regarding thisConstitution as well as the powers, duties and functions

4 This section improves on its 2005 counterpart, Art. II Sec. 1, by announcing a more general purpose for

the LSG and allowing greater flexibility in the fulfillment of such. This is in line with the principle that a

Constitution is a general expression of will rather than a specific elaboration thereof. Necessary particularsare more aptly left to the discretion of appropriate bodies upon the exercise of their duties.5 This section defines, again in a broad sense, the powers and duties of the LSG. It is a new provision which

at the same time assimilates and improves on Art. II Sec. 2 of the 2005 Constitution by (1) translating the

erstwhile obligation to pay fees on the part of the students into an obligation to collect on the part of the

LSG, (2) increasing the amount collectible, (3) clarifying that the CB has the power to adjust the amount

stated therein, and (4) imposing a limitation on the exercise of such power, i.e., only when necessary and

desirable, in order to prevent abuse.

6 This Article combines the essential provisions of Arts. III and IV (on the EB and the GA, respectively) of

the 2005 Constitution in light of the merging of the functions of the GA and the EB. The wisdom behind

this merger into a Central Board is to enhance efficiency, uniformity and accountability by consolidating

policy-making and -implementing functions in a single body, thereby ensuring prompt and well-founded

decisions and actions without fear of revocation, confusion or inconsistency. Under this proposed charter,the provisions of Art. III, Sec. 12 on standing committees in the 2005 Constitution is not reproduced, as the

ARC will be converted into a Commission, and there is no need to provide for the National (now Public)Affairs Committee as a standing committee since its existence is impliedly mandated by Art. III, Sec. 6(4)

herein. The same may be said of the STRAW Committee, and as for the Sports and Organizational Affairs

Committees, implied recognition is found in Art. III, Sec. 9(2) hereunder. Since the functions of the

Organizational Affairs Board under the 2005 Constitution will be transferred to the said Organizational

Affairs Committee, Art. VI (on the OAB) therein has likewise not been reproduced. Finally, Art. IV (on the

GA) of the 2005 Constitution has been omitted insofar as its provisions have become insignificant.

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of the Law Student Government within the first monthof every academic year;

(5) To represent the students in all matters affectingstudent rights and welfare;

(6) To issue any statement on behalf of the entire Law

Student Government and for the benefit of the studentsof the College;(7) To provide active support for the programs, projects

and activities of the Constitutional Commissions;(8) To sit as an impeachment body and to try and decide

impeachment complaints against members of theElectoral and Judicial Tribunal and Commissioners of theConstitutional Commissions;

(9) To promulgate its own rules and procedure for theefficient and effective performance of its power andfunctions; and

(10) To exercise such other powers and functions as may benecessary and incidental to the exercise of the powersand functions herein conferred.7

Section 2. Composition and Membership. --- The Central Boardshall be composed of a President, a Vice-President, a Secretary, aTreasurer, a Public Relations Officer, two Fourth Year ClassRepresentatives, two Third Year Class Representatives, two Second YearClass Representatives, two First Year Class Representatives, and twoEvening Program Representatives.

The College Representative to the University Student Council shallhave a seat in the Central Board ex-officio and shall be a voting memberthereof.8

Section 3. Qualifications and Disqualifications. --- No student mayfile a certificate of candidacy and consequently be elected member ofthe Central Board unless he has obtained a general weighted average ofat least 2.75 for the courses completed in the UP College of Law

7 This section substantially restates the enumeration of powers and functions of the EB in Art. III, Sec. 5,

and of the GA in Art. IV, Sec. 5 of the 2005 Constitution. It deletes those which are redundant or have

ceased to have significance due to the merger. Paragraphs (4), (6) and (7) are additional duties which the

Commission deemed to be prudent impositions on the CB.

8 This section is a modified combination of the composition of the EB in Art. III, Sec. 1 and of the GA inArt. IV, Sec. 1 of the 2005 Constitution. While it adopts fully the present EB composition, it has replaced

the GA membership from that of all block presidents or their representatives to two class representatives

for each batch in the day program and two representatives for all students in the evening program.

Nonetheless, these representatives will perform the substantial functions of their counterparts in the present

GA. This modification is, in large part, a reaction to the abolition of the block system to begin

implementation in AY 2009-10.

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during the two semesters immediately preceding the election and he isnot on probationary or delinquent status. Provided, that this requirementshall not apply to candidates who are first year students of the College.

No member of the Central Board shall hold office as Chairman,

Vice-Chairman or Councilor of the University Student Council, or asEditor-in-Chief of the Philippine Collegian, or as Corps Commander of theUP R.O.T.C., or as Chairman or Vice-Chairman of the Philippine LawJournal, or as member of the Jessup Moot Court Team, or as member ofthe Electoral and Judicial Tribunal, or as a Constitutional Commissionerwithout automatically forfeiting his seat in the Central Board. In case ofautomatic forfeiture, the member concerned shall be deemed resignedfrom his office without need of any further proceeding.9

Section 4. Manner and Date of Election. --- The President, Vice-President, Secretary, Treasurer and Public Relations Officer shall be

elected at large by the students of the College in an election held forthat purpose. Each Class Representative shall be elected by themembers of his class enrolled in the Day Program, and each EveningStudent Representative shall be elected by all students enrolled in theEvening Program, during the same election. Provided, that the electionsfor the First Year Class Representatives shall be held separately andwithin a period of seventy-five (75) to ninety (90) days from the first dayof classes of each academic year.

The election of members of the Central Board, except that of theFirst Year Class Representatives, shall be held simultaneously with the

University Student Council elections, but in no case shall it be conductedbeyond the second week of March every calendar year.

Only currently enrolled students of the College of Law shall beallowed to participate and vote in the election. Expulsion, dismissal,withdrawal, leave or graduation from the College of Law shall mean an

9 This section improves on Art. III, Sec. 2 of the 2005 Constitution by (1) adjusting the prohibition

regarding students with less than a 2.75 average from being elected to being barred from even filing a

certificate of candidacy, to prevent wastage of resources and the possible exploitation of the electoral

process, (2) changing the period during which the 2.75 average must be met from the previous academic

year to the two semesters immediately preceding the elections, considering that the present requirement

was blindly lifted from the Constitution in effect prior to 2005, under which elections were held at the startof each academic year, (3) the addition of membership in the Jessup Moot Court Team, the EJT and of

sitting as Constitutional Commissioner as grounds for forfeiture of ones seat in the CB, in order to ensurethat the attention, time and effort required by the CB is not compromised with respect to the Jessup Moot

Court Team and that the independence of the EJT and the Constitutional Commissions is not prejudiced by

simultaneous membership in the CB, (4) providing that such forfeiture is automatic and is tantamount to

resignation, of which fact the EJT may take cognizance for the purposes of conducting special elections,

and (5) removing the note on the qualifications of the College Representative, as such office is created by

the USC Constitution, as a result of which the imposition of additional qualifications would be ultra vires.

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automatic loss of all rights and privileges incidental to being a student ofthe College.10

Section 5. The President. --- The President shall have the followingpowers and duties:

(1) To convene and preside over meetings of the CentralBoard;

(2) To direct the implementation of the programs andpolicies of the Law Student Government;

(3) To supervise the performance of the other officers ofthe functions given to them by this Constitution and theCentral Board;

(4) To create, with the concurrence of the Central Board,committees necessary for the effective performance ofthe Boards functions;

(5) To appoint, with the concurrence of the Central Board,all heads of the executive committees, boards, andother bodies created by the Board, all studentrepresentatives to College and University bodies, unlessotherwise provided, as well as to outside institutions;and

(6) To perform such other functions as may be necessaryfor the effective and efficient performance of thepowers and functions of the Central Board.11

Section 6. The Vice-President. --- The Vice-President shall have the

following powers and duties:

(1) To succeed the President in case of resignation,impeachment, disqualification or permanent incapacityof the latter to discharge his functions and duties;

(2) To discharge the functions of the President in case thelatter is absent or temporarily incapacitated;

(3) To assist the President in supervising the other officers;

10 This section combines Art. III, Secs. 3 and 4 of the 2005 Constitution and adjusts them accordingly with

the structural changes herein. It also fixes the date of election for all CB members, except First Year Class

Representatives, simultaneously with that of the USC for efficiency and in view of the current shift frommanual to automated or electronic balloting. The cut-off date of the second week of March is prescribed in

order to prevent a possible vacuum in the offices and to preserve a modicum of independence from theUSC. Lastly, the period given for First Year Class Representatives is in consideration of the administration-

imposed ban on freshman participation in extra-curricular activities for the first several weeks of each year

and also to allow more time for the freshmen to gain familiarity with each other.

11 This section is a substantial restatement of Art. III, Sec. 6 of the 2005 Constitution, deleting therefrom

those powers and duties which have lost significance due to the merger of the GA and the EB.

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(4) To act as chairperson of the Students Rights andWelfare Committee, the Public Affairs Committee,and/or other executive committees, boards, and otherbodies so assigned by the President;

(5) To render periodic assessment reports to the Central

Board regarding the performance of its functions andthe fulfillment of its duties; and(6) To perform such other functions as may be assigned to

him by the President.12

Section 7. Secretary. --- The Secretary shall have the followingfunctions and duties:

(1) To keep a record of the proceedings of the CentralBoard;

(2) To keep a systematic and orderly file of all official

records of the Central Board;(3) To certify all acts of the Central Board, duly noted by

the President;(4) To disseminate information by posting notices and

announcements and through other appropriate meansnecessary for the efficient and effective operation ofthe Central Board;

(5) To prepare and submit to the Central Board for itsapproval the annual Law Student Government Report atthe end of the academic year and to post the same onthe Law Student Government Bulletin Board for the

information of the studentry; and(6) To perform such other functions as may be assigned to

him by the President.13

Section 8. Treasurer. --- The Treasurer shall have the followingfunctions and duties:

(1) To direct the collection of all monies and fees accruingto the Law Student Government;

(2) To effect custody of the Law Student Governmentfunds by depositing them in a duly established

banking institution in the name of the Law StudentGovernment;

12 This section also restates most of Art. III, Sec. 7, with the exception of the following changes: (1) the

removal of the Bar Operations Committee from the Office of the Vice President, (2) the addition of the

power and duty to chair the STRAW and Public Affairs Committees, and (3) the addition of the power and

duty to render assessment reports to the CB.131

This section is an almost verbatim adoption of Art. III, Sec. 8 of the 2005 Constitution, except for

paragraph (4), which is a recognition of the advantages of technology in disseminating information.

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(3) To prepare a budget proposal at the beginning of theacademic year and to submit the same to the CentralBoard;

(4) To sign, together with the President, anydisbursement of funds authorized by the Central

Board;(5) To prepare and submit to the Central Board, for itsapproval, a monthly financial report, and to post acopy of the financial report on the Law StudentGovernment Bulletin Board upon reasonable demand;

(6) To propose, for the approval of the Central Board,viable projects and undertakings to generate funds forthe use of the Law Student Government; and

(7) To perform such other functions as may be assignedto him by the President.14

Section 9. Public Relations Officer. --- The Public Relations Officershall have the following functions and duties:

(1) To represent the Law Student Government in all bodies,associations, federations and the like external to theCollege, except with regard to the University StudentCouncil;

(2) To act as chairperson of the Sports Committee, theOrganizational Affairs Committee, and all othercommittees which may be constituted by the CentralBoard under his office;

(3) To afford publicity due to all projects and activities ofthe Law Student Government; and

(4) To perform such other functions as may be assigned tohim by the President.15

Section 10. Class and Evening Program Representatives. --- TheClass and Evening Program Representatives shall have the followingfunctions and duties:

14

This section restates Art. III, Sec. 9 of the 2005 Constitution and adds the function and duty of submittinga budget proposal at the beginning of each year for more efficiency.

15 This section is an improvement of Art. III, Sec. 10 of the 2005 Constitution. The changes made are (1)

the removal of the PROs functions and duties in relation to the different batches and the evening students

as these now properly pertain to the Class and Evening Representatives, (2) the removal of the PROs

function and duty of coordinating with the National (now Public) Affairs Committee which is no longer

necessary as its chairpersonship will be transferred to the Vice President, (3) the addition of the function

and duty of representing the LSG in external bodies, and (4) the addition of the function and duty to chair

the Sports and Organizational Affairs Committees.

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(1) To be responsible for the consultation with theirrespective constituents regarding activities andundertakings of the Law Student Government;

(2) To bring to the attention of the Central Board theproblems affecting their respective constituents and to

recommend appropriate courses of action;(3) To act as chairpersons, upon appointment by thePresident, in the executive committees as may beconstituted by the Central Board; and

(4) To perform such other functions as may be assigned tothem by the President.16

Section 11. College Representative. --- The College Representativeshall exercise such functions and duties as prescribed in the UniversityStudent Council Constitution and such other functions as may beassigned to him by the President.

Section 12. Meetings and Quorum. --- The Central Board shallmeet in regular sessions at least twice a month on a day and hour to befixed by the Board. It may also meet in special sessions called by thePresident or by one-third (1/3) of its members after written notice dulyposted on the Law Student Government Bulletin Board.

A majority of all the members of the Central Board shall constitutea quorum to transact business and the affirmative votes of a majority ofthe members present and constituting a quorum shall be sufficient topass any motion, affirm a resolution and effectuate any business. The

Board shall provide in its internal rules for the procedure to be taken incase of a tie.17

Section 13. Term of Office. --- Every member of the Central Boardshall hold office for one academic year beginning on the last day of classof the academic year of their election and ending on the last day of classof the following academic year. Provided, that the First Year ClassRepresentatives shall hold office from the date of their proclamation tothe last day of classes of the same academic year. Provided further, thatthe term of office of the College Representative shall be determined bythe Constitution of the University Student Council.

16 This is a new section. It obtains the pertinent powers, functions and duties of the PRO under Art. III, Sec.

10 of the 2005 Constitution, and of the block presidents and representatives under the GAs Internal Rules.

17 This section restates Art. III, Sec. 13 of the 2005 Constitution and in addition, mandates that a procedure

be adopted by the CB in order to break a tie, considering its even-numbered composition and with the aim

of preventing stalemates in and inaction by the CB.

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Each member of the Central Board shall take the following oath onthe date he begins to hold office:

I do solemnly swear that I will faithfully and conscientiously fulfillmy duties as ______________________, preserve and defend the Law

Students Constitution, and consecrate myself to the service of myfellow students. So help me God.

An oath-taking ceremony shall be held for this purpose on the lastday of class of each academic year. The details of such ceremony shallbe disseminated to the students at least one (1) week prior to the event.Any member who fails to attend the ceremony shall take his oath at alater date and in the presence of the sitting members of the CentralBoard.18

Section 14. Vacancies. --- A position shall be deemed vacant upon

resignation, impeachment, permanent incapacity or disqualification ofany member of the Central Board, or when such member otherwiseceases to be a student of the College. A member shall be disqualifiedupon dismissal, leave or suspension for more than thirty (30) days fromthe college. It shall be the duty of the Board to notify the Electoral andJudicial Tribunal of any vacancy within three (3) days from thehappening thereof, except with respect to the College Representative, inwhich case such notice shall be communicated to the University StudentCouncil.

Any vacancy in the Central Board shall be filled by special election

called by the Electoral and Judicial Tribunal for that purpose, which in nocase shall be beyond thirty (30) days from its receipt of the notice ofvacancy: Provided, that the person elected to fill the vacancy shall holdoffice only for the unexpired portion of the term of his predecessor.Provided further, that if it be the office of the President that is vacated,the Vice-President shall become the President to serve the unexpiredterm and the Electoral and Judicial Tribunal shall hold a special electionto fill the office of the Vice-President. Provided finally, that if it be theoffice of the College Representative that is vacated, such office shall befilled in accordance with the Constitution of the University StudentCouncil.19

18 This section improves on Art. III, Sec. 14 of the 2005 Constitution by (1) clearly defining the beginning

and the end of a CB members term, with specific provisions in the case of First Year Class Representativesand the College Representative, (2) providing an oath to be taken by CB members upon assumption of

office in order to emphasize the solemnity of their responsibilities and to reinforce their accountability to

their constituents, and (3) providing for an oath-taking ceremony to celebrate and recognize the CB

members election.

19 This section is an improvement of Art. III, Sec. 15 of the 2005 Constitution by (1) clearly defining the

instances of vacancy, (2) imposing on the CB the duty of serving notices of vacancy to the EJT or the USC

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Section 15. Impeachment. --- No member of the Central Boardshall be removed from office except by impeachment for:

(1) Willful violation of the Constitution or any major policy

of the Law Student Government;(2) Gross neglect or dereliction of the Constitution or anymajor policy of the Law Student Government;

(3) Any grave offense or misconduct which constitutes aviolation of University and/or College rules punishableby suspension or expulsion from the University orCollege.

Any currently enrolled student of the College of Law may file animpeachment complaint with the Electoral and Judicial Tribunal.However, no impeachment proceeding shall commence unless the

complaint is signed by at least one-sixth (1/6) of all students of theCollege. No member of the Central Board shall be impeached exceptupon a vote of at least two-thirds (2/3) of all the members of theTribunal en banc.20

ARTICLE IVTHE ELECTORAL AND JUDICIAL TRIBUNAL

Section 1. Powers and Functions. --- The Electoral and Judicial

Tribunal shall have the following powers and functions:

(1) To prepare and conduct any and all kinds of elections,plebiscites and referenda provided in this Constitution;

(2) To exert all efforts to ensure a speedy, accurate andsecure method for protecting the sanctity of the ballot,preferably through automated elections, among others;

as the case may be in order to prevent a vacuum in any office due to inaction on its part, although in case of

automatic forfeiture such notice is not necessary for a special election and would be a simple formality, (3)

imposing a period during which the conduct of special elections must be had to prevent a vacuum, and (4)

clarifying the procedure to be taken in case of vacancy in the Office of the President and of the CollegeRepresentative.20 This section restates the grounds for impeachment found in Art. III, Sec. 16 of the 2005 Constitution.However, it alters the method for carrying it out due to the merger of the GA and the EB. The changes are:

(1) the jurisdiction over such a proceeding now lies with the EJT, (2) any student may initiate the same, as

a recognition that each CB member is accountable to all students of the college, but such a complaint must

be signed by at least 1/6 of all students in the college, in order to avert an abuse or exploitation of this

process, and (3) the requirement of a 2/3 vote by the members of the EJT in favor of impeachment, in order

to better safeguard the CBs freedom from harassment and in recognition of the heavy presumption given

to them by virtue of the popular vote.

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(3) To promulgate, enforce, and administer all rules andregulations relative to the conduct of an election,plebiscite or referendum;

(4) To hear and decide election protests and controversies;(5) To hear and decide impeachment cases against

members of the Central Board in accordance with thisConstitution;(6) To hear and decide actual cases and controversies

involving any violation of this Constitution, unlessotherwise provided; and

(7) To promulgate its own rules of procedure in thedischarge of its powers and functions.21

Section 2. Composition and Membership. --- The Electoral andJudicial Tribunal shall be an impartial body composed of fifteen (15)permanent members: Provided, that in the first academic year

immediately following the effectivity of this Constitution, the Tribunalshall be composed of only seven (7) permanent members. In no caseshall a majority of the members belong to the same studentorganization, fraternity or sorority.

Only members of the Administrative Group, as providedhereunder, having the qualifications and none of the disqualificationsprescribed in this Constitution, may be candidates for membership inthe Tribunal, which membership shall be acquired by a declaration ofthe Chairperson that a candidate has obtained the highest number ofvotes from the sitting members of the Tribunal on the basis of

competence, integrity, probity and independence. Within fifteen (15)days from the last day of classes of the academic year immediatelyfollowing the effectivity of this Constitution, the seven (7) memberssitting in the Tribunal shall select the eight (8) additional members. TheTribunal shall serve with a full fifteen (15) seats thereafter.

Any vacancy in the Tribunal by reason of resignation,disqualification, impeachment or permanent incapacity during theacademic year shall be filled by its members in the same mannerprescribed in the next preceding paragraph. Such vacancy must be filledwithin fifteen (15) days from the occurrence thereof, except during the

thirty (30) day period immediately preceding the elections, in which

212

This section is based on Art. V, Sec. 6 of the 2005 Constitution. Improvements are made by (1) increasing

the EJTs duty in paragraph (1) by specifying plebiscites and referenda, (2) imposing the duty of protecting

the right to vote preferably through automation, (3) granting it power to hear and decide impeachment

proceedings against members of the CB, and (4) granting it power to hear and decide actual cases and

controversies as a recognition of the right of the students to insist on compliance by their leaders,

representatives and fellow students with the provisions of this charter.

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case the vacancy shall be filled only within fifteen (15) days from theconduct of elections.22

Section 3. Administrative Group. -- For the purposes of carryingout its functions, the Tribunal shall constitute an Administrative Group.

The qualifications, requirements, terms and conditions for membershiptherein shall be prescribed by the Tribunal in its rules and regulations.23

Section 4. Qualifications and Disqualifications. --- No student maybecome a member of the Tribunal unless he has obtained a generalweighted average of at least 2.75 for the courses completed in the UPCollege of Law during the semester immediately preceding his selectionand he is not on probationary or delinquent status.

Furthermore, no student shall be eligible for membership in theTribunal unless he has been a member of the Electoral and Judicial

Tribunal Administrative Group for an uninterrupted period of at least one(1) year immediately preceding his selection.

Finally, no student may become a member of the Tribunal unlesshe submits a certification from the Student Disciplinary Tribunal thatthere is no pending administrative case against him and that suchTribunal has never rendered judgment finding him guilty of any violationof the Universitys student rules and regulations.

No member of the Electoral and Judicial Tribunal shall hold officeas Chairman, Vice-Chairman or Councilor of the University Student

Council, or as Editor-in-Chief of the Philippine Collegian, or as CorpsCommander of the UP R.O.T.C., or as Chairman or Vice-Chairman of thePhilippine Law Journal, or as member of the Jessup Moot Court Team, or

22 This section has its counterpart in Art. V, Sec. 1 of the 2005 Constitution. Its provisions, however, are

entirely divergent. The Constitutional Commission deemed it proper to redefine the EJT in order toenhance its authority, status, independence and prestige. The improvements in this section are: (1) changing

the EJTs composition from block representatives to individual students of the College meeting the

prescribed qualifications herein, mainly due to de-blocking and the paradox of impartial representatives,

(2) changing the voting mechanism therefore from a per-block basis to individual voting, (3) limiting the

seats in the EJT to 15 (only 7 in the first year following the effectivity of this Constitution) as opposed to a

range of 19 to 57 presently, (4) requiring membership in the EJT Administrative Group as a precondition toeligibility for a seat in the EJT to ensure dedication to and familiarity with the functions of the EJT, (5)

providing for the mode by which membership in the EJT is acquired, that is, through a majority vote of itsincumbent members on the basis of competence, integrity, probity and independence, (6) providing for the

method to be taken in case of vacancy, and (7) imposing a threshold number of members belonging to a

common organization, fraternity or sorority in order to ensure freedom from bias and external control

thereof.

23 This is a new provision establishing the Administrative Group, which is intended to satisfy the logistical

and organizational demands of the EJT in the performance of its functions.

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as member of the Central Board, or as a Constitutional Commissionerwithout automatically forfeiting his seat in the Tribunal.

Should a member of the Tribunal at any time during his term join astudent organization, fraternity or sorority so as to produce the effect

that a majority of the members of the Tribunal belong to suchorganization, fraternity or sorority, the member who so joins shallautomatically forfeit his seat in the Tribunal.

In cases of automatic forfeiture, the member concerned shall bedeemed resigned from his office without need of any furtherproceeding.24

Section 5. Forfeiture of Membership and Removal. --- The followingare grounds for automatic forfeiture of membership in the Tribunal, byvirtue of which the member involved shall be deemed resigned:

(1) Filing a certificate of candidacy for any position in theCentral Board;

(2) Membership in any Constitutional Commission;(3) Membership in any committee under the Central Board;

or(4) Dismissal, leave or suspension for more than thirty (30)

days from the College, or otherwise ceasing to be astudent thereof;

A member may also be removed by impeachment, which

impeachment may be initiated through a written complaint filed with theCentral Board by any student enrolled in the College, upon the followinggrounds:

(1) Willful violation of the Constitution or any major policyof the Law Student Government;

(2) Gross neglect or dereliction of the Constitution or anymajor policy of the Law Student Government;

(3) Any grave offense or misconduct which constitutes aviolation of University and/or College rules punishable

24 This section has its counterpart in Art. V, Sec. 2 of the 2005 Constitution. However, the prescribed

qualifications and disqualifications are widely expanded in line with the aim of enhancing the EJTs statusand prestige. More stringent qualifications are herein adopted by (1) imposing the same minimum grade

average as is required of members of the CB, as well as the same freedom from other extra-curricular

commitments which may impede the performance of their duties, (2) ensuring the probity and integrity of

its members by requiring SDT certifications for eligibility, (3) ensuring the competence of its members by

requiring an uninterrupted one-year period of membership in the Administrative Group immediately prior

to qualifying for eligibility, and (4) ensuring independence by providing for the automatic forfeiture of

ones seat in the EJT upon breach of the threshold-membership rule.

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by suspension or expulsion from the University orCollege.

Additional grounds for impeachment shall be provided for by theTribunals rules and regulations such as, but not limited to, any violation

of its election rules.25

Section 6. Term of Office. --- Each member of the Tribunal shallhold office from the time he assumes the same until such memberresigns, or is disqualified, removed by impeachment or permanentlyincapacitated.26

Section 7. Meetings. --- The incumbent Chairperson of the Tribunalshall, not later than the first month of the first semester of everyacademic year, convene a meeting for the purpose of electing newofficers.The Tribunal shall thereafter meet in regular sessions at least

once a month on a day and hour to be fixed by its officers.

Every political party duly recognized by the Electoral and JudicialTribunal and every independent candidate shall have the right toappoint one representative to sit in all meetings and deliberations of theTribunal on all election matters. However, they shall have no votingrights. A political party fielding a set of candidates shall be automaticallyrecognized by the Tribunal for purposes of this section.27

Section 8. Quorum. --- A majority of all members of the Tribunalpresent shall constitute a quorum to transact business and the

affirmative vote of a majority of the members present and constituting aquorum shall be sufficient to pass any motion, affirm any resolution, oreffectuate any other business.

The Tribunal may promulgate rules for the formation of smallercollegial bodies made up of its members to decide cases andcontroversies regarding disqualification, electoral protests,

25 This sections counterpart is Art. V, Sec. 2 of the 2005 Constitution, with major improvements: (1)

enumerating the grounds for automatic forfeiture of membership in the EJT, (2) enumerating the grounds

for impeachment, which may be filed with the CB, and (3) requiring the EJT to enact additional grounds

for impeachment, particularly with regard to its election rules.

26 This section has its counterpart in Art. V, Sec. 3 of the 2005 Constitution. It both reinforces the relativepermanency of membership in the EJT and at the same time lists the grounds for losing the same.

27 This sections counterpart is Art. V, Sec. 4 of the 2005 Constitution, minus the rules with respect to the

election and certification of representatives by each block. Furthermore, it is an improvement due to (1) the

requirement of an election of officers during the first meeting of each year and (2) the requirement of

regular monthly meetings. The second paragraph has actually been transposed from Art. V, Sec. 1 of the

2005 Constitution since Meetings is the more appropriate subject therefor.

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impeachment and violations of this Constitution brought before it,appealable in all instances to the EJT en banc.28

Section 9. Officers. --- The Tribunal shall elect from among itsmembers a Chairperson, a Vice Chairperson, a Secretary and a

Treasurer. Each duly elected officer of the Tribunal shall serve as suchfrom the time of his election until the Tribunals first meeting of thefollowing academic year.29

Section 10. Powers and Functions of Officers. --- The officers of theElectoral and Judicial Tribunal shall have the following powers andfunctions:

(1)The Chairperson shall:a. Preside over all meetings of the Tribunal;b. Supervise the performance of the other officers of the

functions given to them by this Constitution and theTribunal;

c. Create committees necessary for the effectiveperformance of the Tribunal; and

d. Exercise such other powers inherent in his office andthose necessary for the efficient and effective dischargeof the functions of the Tribunal.

(2)The Vice-Chairperson shall:a. Assist the Chairperson in the performance of his duties;b. Preside over meetings of the Tribunal in the absence of

the Chairperson;c. Succeed to the position of Chairperson in case of the

latters permanent incapacity, resignation,disqualification or removal; and

d. Perform such other functions prescribed herein and thosethat be assigned to him by the Chairperson.

(3)The Secretary shall:a. Keep a record of the proceedings of the Tribunal, and all

petitions, documents, and papers submitted thereto;b. Certify all official acts of the Tribunal, together with the

Chairperson;

28 This section is a substantial copy of Art. V, Sec. 7 of the 2005 Constitution, except that a majority of all

members is now required to constitute a quorum in lieu of a majority of all blocks with members present, as

is currently required, due to the change in its composition.

29 This section is a partial reproduction of Art. V, Sec. 5 of the 2005 Constitution in the sense that it

enumerates the officers of the EJT. In addition, it prescribes the terms of their service in such capacities.

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c. Post notices, including those regarding rules or decisionsof the Tribunal on the Law Student Government andElectoral and Judicial Tribunal Bulletin Boards, andotherwise disseminate information to the studentry,when necessary; and

d. Perform such other functions as may be assigned to himby the Chairperson.

(4)The Treasurer shall:a. Have custody of the funds of the Tribunal;b. Authorize, together with the Chairperson, any

disbursement of funds duly authorized by the Tribunal;and

c. Perform such other functions as may be assigned to himby the Chairperson.30

Section 11. Rules and Decisions. --- No rule or decision of theTribunal shall be valid and effective unless in writing, duly certified thatit was adopted with the requisite number of votes, posted on the LawStudent Government and Electoral and Judicial Tribunal Bulletin Boards,and duly served upon all the parties concerned.

Section 12. Allocation in Law Student Government Funds. --- TheElectoral and Judicial Tribunal shall be entitled to an amount equivalentto 10% of the student fees collected, which amount shall be released bythe Central Board to the Tribunal not later than thirty (30) days from theend of enrollment of each semester.31

ARTICLE VTHE CONSTITUTIONAL COMMISSIONS32

30 This section is based on Art. V, Sec. 5 of the 2005 Constitution, but improves on the same by specifying

and defining the respective powers and functions of each of the officers of the EJT.

31 This sections counterpart is Art. V, Sec. 9 of the 2005 Constitution. Its improvements are: (1)

unqualifiedly entitling the EJT to a 10% share in the student funds collected by the CB instead of

subjecting such share to the will of the CB and (2) requiring the release of such share within thirty days

from the end of enrollment each semester.

32 This Article is new. It provides for the creation and establishment of two Constitutional Commissions,

namely Academic Reforms and Bar Operations, with the favorable recommendation of former and presentVice Presidents/Bar Operations Committee Heads and the present ARC Chairperson. The purpose of this

Article is to mandate the existence of these two currently existing bodies, which the Constitutional

Commission has deemed to be vital and fundamental in protecting and promoting the scholastic interests of

the students, without however subjecting such bodies to the control and influence of the LSG, as they are

envisioned to best fulfill their mandates by being independent of the LSG and are recognized as having

been created by the will of the student body itself, not simply by its leadership or representatives. Hence,

these Commissions owe their duties directly to the student body as a whole instead of indirectly through the

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A. The Academic Reforms Commission33

Section 1. Powers and Duties. --- The Academic Reforms

Commission shall serve as the student bodys voice in the Collegesformulation and implementation of academic and administrative policiesand regulations.

The Commission shall employ all necessary means forconsolidating student concerns, and shall channel these concerns to theLaw Student Government, to the student body in general, and to theCollege faculty and administration. It shall have the duty of conductinginformation campaigns for the studentry in relation to its functions andof ensuring transparency in the conduct of its functions by providingaccess to records within reasonable limitations.

The Commission shall enact its rules and regulations governingmembership selection, internal organization and other mattersnecessary and incidental to the implementation of its powers and duties.

The Commission shall function independently of the Law StudentGovernment, shall not be under its control or supervision, but shallregularly apprise and coordinate with the latter in respect of theperformance of its duties.

Section 2. Officers. --- The Academic Reforms Commission shall be

headed by a Commissioner, appointed by the Law Student GovernmentPresident, not later than the first month of the first semester of eachacademic year, from a list of at most three (3) member-nomineessubmitted by the members of the Commission through the incumbentCommissioner. The Commissioner shall then appoint a DeputyCommissioner and a Secretary from among the incumbent members.The terms of office of the Commissioner, the Deputy Commissioner andthe Secretary shall be co-terminus with that of the Law StudentGovernment President.

LSG. Their inclusion in this Constitution is primarily for institutionalizing their existence. Although the

Commissioners are appointed by the LSG-CB President, he is permitted to appoint only from a short-list ofnominees given by the incumbent members of each Commission since it is the latter who are in the best

position to determine who is most deserving and capable of such office. Such Commissioners have also

been made impeachable in order to ensure the proficient performance of their duties. Lastly, provisions on

finances have been specified in order to address their specific pecuniary demands.

33 The Academic Reforms Commission will continue and further the work presently being done by the

Academic Reforms Committee. General provisions are set forth herein.

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Section 3. Members. --- At least one representative from theevening students and from each class in the College shall be permanentmembers of the Commission, subject to removal in accordance with itsinternal rules. The Commission may provide for more members pursuantto its internal rules.

Section 4. Impeachment. --- The Academic Reforms Commissionermay be removed by impeachment on any of the following grounds:


(2) Gross neglect or dereliction of his duties.

Removal by impeachment may be initiated through a writtencomplaint, signed by not less than one-sixth (1/6) of all students of theCollege, filed with the Central Board by any currently enrolled student of

the College. Should the Commissioner be removed by impeachment, theLaw Student Government President shall appoint his successor inaccordance with Section 1 hereof.

Section 5. Allocation in LSG Funds. --- The Academic ReformsCommission shall be entitled to an amount equivalent to 5% of thestudent fees collected, which amount shall be released by the CentralBoard to the Commission not later than thirty (30) days from the end ofenrollment of each semester.

B. The Bar Operations Commission34

Section 1. Powers and Duties. --- The Bar Operations Commissionshall serve as the student bodys centralized operations for providingholistic support to Colleges bar reviewees.

The Commission shall employ all necessary means for formulatingand implementing policies desirable for the convenience and benefit ofsuch bar reviewees. It shall have the duty of creating revenue,organizing lectures, preparing materials and attending to otherreasonable requirements in the aim of ensuring a successful

examination for every reviewee. Its work shall be continuous and shallnot be interrupted at any time during the academic year.

The Commission shall enact its rules and regulations governingmembership selection, internal organization and other mattersnecessary and incidental to the implementation of its powers and duties.

34 The Bar Operations Commission will continue and further the work presently being done by the Bar

Operations Committee. General provisions are set forth herein.

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The Commission shall function independently of the Law StudentGovernment, shall not be under its control or supervision, but shallregularly apprise and coordinate with the latter in respect of theperformance of its duties.

Section 2. Officers. --- The Bar Operations Commission shall beheaded by a Commissioner, appointed by the Law Student GovernmentPresident not earlier than the last day classes of the first semester norbeyond fifteen (15) days thereafter, except as otherwise providedhereunder. Such Commissioner shall be selected from a list of at mostthree (3) member-nominees submitted by the members of theCommission through the incumbent Commissioner not later than the lastday of classes of the first semester of each academic year.

Upon receipt of the list of nominees, the President shall obtain the

concurrence of the graduating class by informing them of suchnomination. Should a majority of the graduating class veto thenomination within the period of fifteen (15) days, the incumbentmembers of the Commission must elect another nominee within anotherfifteen (15) days, which nominee must be appointed by the Presidentimmediately, without any further proceedings.

The Commissioner shall appoint a Deputy Commissioner, aSecretary and a Treasurer from among the incumbent members. Theterms of office of the Deputy Commissioner, the Secretary and theTreasurer shall be co-terminus with that of the Bar Operations

Commissioner.

Section 3. Members. --- The Commission shall provide in itsinternal rules for the requirements and procedures for acquiringmembership. It shall be the duty of the Commissioner, DeputyCommissioner, Secretary and Treasurer to ensure adequate andcompetent membership throughout each academic year byimplementing effective recruitment programs as may be necessary.

Section 4. Impeachment. --- The Bar Operations Commissionermay be removed by impeachment on any of the following grounds:


(2) Gross neglect or dereliction of his duties.

Removal by impeachment may be initiated through a written complaint,signed by not less than one-sixth (1/6) of all students of the College,filed with the Central Board by any currently enrolled student of the

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College. Should the Commissioner be removed by impeachment, theLaw Student Government President shall appoint his successor inaccordance with Section 1 hereof.

Section 5. Finances. --- The Bar Operations Commission shall have

the right, power and duty to create, maintain and improve its financesseparately from the Law Student Government and for this purpose, toopen and maintain its own bank account, to solicit funding using thename of the Law Student Government with the latters approval, and toorganize its own projects for the purposes of increasing revenue.

ARTICLE VITRANSITORY PROVISIONS

Section 1. --- The incumbent General Assembly and Executive

Board shall continue serving in their capacities until the last day ofclasses of the academic year during which this Constitution takes effect.

Section 2. --- The incumbent Electoral and Judicial Tribunal shallcontinue serving in its capacity until the last day of classes of theacademic year during which this Constitution takes effect. The outgoingChairperson of the Tribunal shall, with or without the aid of a transitorycommittee, at her election, be charged with the responsibility ofselecting seven (7) of its present members to sit as the permanentmembers of the Tribunal throughout the first academic yearimmediately following the effectivity of this Constitution. Such selection

shall be declared on the day on which the outgoing Tribunal ceases tofunction. The seven (7) members so selected shall begin to serve assuch on the same date.

Section 3. --- The incumbent Organizational Affairs Board shallcontinue serving in its capacity until the last day of classes of theacademic year during which this Constitution takes effect. After suchdate, the Central Board shall constitute the Organizational AffairsCommittee, transferring thereunder the erstwhile functions of theOrganizational Affairs Board.

Section 4. --- The Academic Reforms Committee shall continueserving in its capacity until the last day of classes of the academic yearduring which this Constitution takes effect. On or before such date, themembers of the Committee shall submit a list of member-nominees forthe position of Academic Reforms Commissioner to the President inaccordance with the provisions of this Constitution. Upon appointmentby the President, the Academic Reforms Commission shall beconstituted by the Commissioner. Unless otherwise provided in the

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Commissions rules, the incumbent members of the Committee shall becarried-over as members of the Commission.

Section 5. --- The National Affairs Committee shall continueserving in its capacity until the last day of classes of the academic year

during which this Constitution takes effect. After such date, it shall beknown as the Public Affairs Committee and shall be constituted inaccordance with the policies of the Central Board.

Section 6. --- The Vice President shall continue serving in hercapacity as Bar Operations Head until a Bar Operations Commissioner isappointed. Within five (5) days from the effectivity of this Constitution,the Vice President shall submit the list of nominees to the President, whoshall select and appoint one (1) nominee to such office within three (3)days from receipt of the list. The Commissioner so appointed shall servein such capacity until the last day of classes of the first semester of the

academic year immediately following the effectivity of this Constitution,in accordance with Article V Section B.2 herein.

Upon appointment, the Commissioner shall immediately constitutethe Bar Operations Commission. All monies, credits, documents and thelike belonging to the Committee shall be fully turned over to theCommission within a period of thirty (30) days. Unless otherwiseprovided in the Commissions rules, the incumbent members of theCommittee shall be carried-over as members of the Commission.

Section 7. --- The Electoral and Judicial Tribunal shall conduct

elections for the Central Board in accordance with this Constitutionsimultaneously with the University Student Council electionsimmediately following the effectivity of this Constitution.

ARTICLE VIIRATIFICATION AND AMENDMENTS

Section 1. Effectivity. --- This Constitution shall take effect

immediately upon its ratification by a majority of the votes cast in aplebiscite held for that purpose.

Section 2. Amendment or Revision. --- By a majority vote of all themembers of the Central Board, any proposed amendment or revision ofthis Constitution shall be submitted to the student body of the Collegefor ratification. Said amendment or revision shall take effect upon its

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ratification by a majority of the votes cast in a plebiscite held for thatpurpose.35

35 The submission of any proposed amendment or revision to the student body now requires the majority

vote of the CB, instead of the majority votes of the EB and the GA in joint session for obvious reasons.

Documents

LSG Constitution