Sbcasol Student Constitution

8/8/2019 Sbcasol Student Constitution

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SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CONSTITUTIONSan Beda College Alabang

School of LawAlabang Hills, Muntinlupa City

PREAMBLE

We, the students of the San Beda College Alabang School of Law,imploring the aid of God Almighty, in our aspiration to strive for excellence in

the practice of law in an environment conducive to our awareness anddevelopment, create a family of socially responsible professionals and lifelonglearners, do ordain and promulgate this constitution.

ARTICLE I

THE COMMUNITY

SECTION 1. Name - This community shall be known as the School of Law

Family (SLF).

SECTION 2. Domicile - The SLF shall be domiciled at San Beda CollegeAlabang School of Law.

SECTION 3. Composition - The SLF shall comprise the following:

a. the STUDENT BODY;

b. the FACULTY and STAFF; andc. the ALUMNI.

Article II

THE STUDENT BODY

SECTION 1. Name - The Student Body shall be composed of all bona fidestudents of San Beda College Alabang School of Law.

SECTION 2. Composition - The members of the Student Body shall enjoy the

following rights and privileges:

1. The right to form organizations and associations as may be sanctionedby the Student Council;

2. The right to qualify as an officer;

3. The right to elect and be elected as officers;

4. The right to participate in sanctioned activities, including organized

assemblies;

5. The right to information on matters of public concern and to be givenaccess to all papers and documents within reasonable time;

6. The right to bring into attention valid and legitimate concerns;

7. The right to participate in its approval of proposed policies; and

8. All other rights and privileges as may be provided by law;

SECTION 3. Rights - The members of Student Body shall observe the followingduties and responsibilities:

1. To abide by the rules and regulations promulgated by the School of Law;

2. To participate in meetings and activities called for and organized by theSchool of Law Government;



3. To respect the decisions of the School of Law Government; and

4. To protect and preserve the dignity, unity, honor and order of the SLF asmembers thereof.

ARTICLE IIIStudent Government

SECTION 1. Name - The official School of Law Government (SLG) shallcomprise the:

a.) Student Councilb.) Judicial Council

c.) Bar Councild.) Constitutional Commissions (CONCOM)

SECTION 2. Division – The SLG is divided in two: the Councils and the

Constitutional Commissions. The Student Council, Judicial Council andBar Council shall be collectively known as the Councils. They are independentof each other.

The Constitutional Commissions are under the Student Council.

SECTION 3. Purpose - The primary purposes of the SLG are:

1. To represent the interests and address the concerns of the StudentBody;

2. To coordinate and regulate student activities, funds and disputes in the

interest of the Student Body;

3. To communicate with the SLF as well as other departments in theinstitution on relevant issues; and

4. Coordinate with and properly support all legitimate organizations in theSchool of Law so as long as their activities are lawful and not contrary to

this Constitution or any school regulation.

SECTION 4. General Qualifications – All appointed or elected Officers of theSchool of Law Government (SLG Officers) shall be:

1. A bona fide member of the Student Body;

2. One who takes at least the minimum credits allowed, is in good academicstanding as determined by the Law School Registrar;

3. Of proven competence, integrity, probity and independence;

4. At least of sophomore standing, except for the Student Council first yearrepresentative;

5. Must be resident of San Beda College Alabang School of Law for at leasttwo consecutive semesters upon assumption of position;

6. Must not have been candidates for any elective position in theimmediately preceding elections, except for the Student Council;

7. One who does not resort to any practices involving violence and acts notin consonance with human dignity or unworthy of mature conduct ordeportment, as expected of a student of law;

8. S/he must not have been meritoriously charged with any violation of anylaw or code of discipline in any court, tribunal, committee, or board.

A student is considered in good academic standing if s/he is not underacademic probation for the semester immediately preceding such election.



Any contest regarding these qualifications may be subject to the proper

procedure before the Election Commission or the Judicial Council or theStudent Council.

SECTION 5. General Prohibitions – SLG Officers are prohibited from:

1. No member of the SLG, except the Student Council, shall engage,directly or indirectly, in any electioneering or partisan political campaignduring their tenure.

2. No SLG Officer shall, hold any other office or position in any other

organization during his tenure. Any person appointed or elected to theSLG holding another office shall be considered ipso facto resigned fromsuch office upon assumption of his/her SLG duties.

3. No SLG Officer shall be financially interested in any contract or specialprivilege granted by the Student Council or any Student Council officerto any ad hoc committees, agencies or instrumentalities thereof. Student

Council officers shall strictly avoid conflict of interest in the conduct of their office.

4. No Student Council Officer shall receive any compensation, salaries or

emoluments in their exercise of their duties as such.

SECTION 6. General Procedure for Failure to Qualify or Vacancy – In case a SLGOfficer fails to qualify fails, the officer next in rank with regard to the StudentCouncil or the most senior in service with regard to the remaining SLGOfficers, shall temporarily succeed, until said officer shall have been appointed

or elected and/or qualified.

For the purpose of determining seniority in service in the SLG, a fraction of atleast five months in any position in the Councils and the CONCOM shall beconsidered as one year. Service in office for at least 15 days of any month shallbe considered as one month.

For the purposes of determining seniority in terms of academic year level, the

actual number of semesters enrolled and finished shall determine suchseniority.

SECTION 7. Rules of Procedures – The SLG must promulgate its individualInternal Procedures (IP), Internal Financial Procedures (IFP) and Structural

Organization. A duplicate copy of each ROP is to be submitted to the Student

Council.

SECTION 8. Records - The SLG shall keep and maintain electronic records of its meetings, planning documents, financial statements, and membership tothe extent practically possible in a manner that is understandable and

accessible to the SLF and any other interested party.

SECTION 9. Training of New Members - The SLG Officers shall train newly-seated members immediately following each election or appointment and shalldevelop, maintain, and update as needed relevant training materials.

SECTION 10. Academic Probation - If a SLG Officer is put under academicprobation within the duration of his/her term, s/he shall not be considered

incapacitated unless a formal protest based on such probationary status isfiled with and affirmed by the Judicial Council or If a Student CouncilOfficer is put under academic probation within the duration of his/her term,s/he shall not be considered incapacitated unless a formal protest based on

such probationary status is filed with and affirmed by the appropriate Council.

Upon the determination and affirmation of the merits of such protest by theappropriate Council, the concerned SLG Officer shall be deemed incapacitatedand automatically removed from office. The said SLG Officer shall have five (5)

days from receipt of notice to appeal the affirmation to the appropriate Council,

stating justifiable cause therefor. Upon the lapse of five (5) days from notice of



the affirmation without perfecting an appeal or upon receipt of notice

dismissing the appeal, the judgment of the appropriate Council shall becomefinal and executory.

If the Council dismisses the protest, the SLG Officer shall remain in office. Aformal protest of incapacity may only be filed once in one term for each of the

Student Council Officers.

Upon the determination and affirmation of the merits of such protest by the

Council, the concerned SLG Officer shall be deemed incapacitated andautomatically removed from office.

SECTION 11. Before assumption of office all SLG Officers shall take thefollowing oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiouslyfulfil my duties as (SLG position) and maintain allegiance to San Beda CollegeAlabang School of Law, I will support its Constitution and obey the laws as well

as the orders of the duly constituted authorities therein, conduct myself to thebest of my knowledge and discretion and I impose upon myself these voluntaryobligations without any mental reservation or purpose of evasion. So help me

God.”

ARTICLE IV

STUDENT COUNCIL

SECTION 1. Name - The official name of the student body„s representative

organization shall be "The Student Council of San Beda College AlabangSchool of Law" (Student Council).

SECTION 2. Power - All Executive and Legislative power of the SLG shall bevested in the Student Council.

SECTION 3. Use of Name - All official business and activities of the StudentCouncil shall be entered into and transacted in its full and official name.

SECTION 4. Fuctions and Duties - The Student Council shall perform the

following duties and all other functions as necessary:

1. Promote the collective interest of the SLF;2. Be the official representatives of the Student Body;

3. Right to delineate within its membership specific offices and to assignspecific rights and responsibilities to each office.

4. Right to create ad-hoc and standing committees and to appointcommittee chairs.

5. Meet at least twice monthly during the academic year to discuss student

issues, evaluate their work, impact, and direction, and to plan futureactivities.

6. Have custody and use of their Common Seal.

7. Ensure the existence and financial viability of a Scholarship Fund. The

Student Council, may every four (4) years review its feasibility subject tothe recommendations of the Scholarship Fund Commission, inconsonance with this Constitution;

8. Perform all necessary duties not vested in any body found in this

Constitution;

9. Make the annual general budget providing for, among others, allocationsto the sanctioned organizations and committees;

10. Approve budget proposals of sanctioned organizations and committees.



SECTION 5. Composition - The Student Council shall consist of the followingStudent Council Officers:

a.) President

b.) External Vice-President

c.) Internal Vice-President

d.) Secretary-General

e.) Treasurer

f.) Year Level Representatives

SECTION 6. Quorom - The presence of at least five (5) officers constitutes aquorum to transact their regular business. A majority vote of members presentvalidates a decision.

SECTION 7. Terms of Office - The Student Council officers shall be elected bydirect vote of all bona fide members of the Student Body.

Batch Representatives shall be elected by direct vote of all bona fide students of their respective batches.

All officers shall begin their terms of office at noon of the last Friday of February, except for Freshmen Batch Representatives, who shall begin at noonof the first Friday of July.

All terms shall end at noon of the last Friday of February the following year.

SECTION 9. Proclamation of Winner - The person having the highest number of

votes shall be proclaimed elected.

In cases where the margin of victory is five votes or less, the proclamation shallbe suspended until the Election Commissions and Judicial Council conductan automatic recount of the votes and approve the proclamation, provided, that

upon said recount of votes, the person with the highest number of votes,regardless of margin, shall be proclaimed elected.

In case the election results in a tie, with two or more candidates receiving thehighest number of votes, a re-election for the position in question shall be held

within ten (10) days. The re-election will follow the same rules enunciated inthe preceding paragraph.

In the event that the re-election still results in a tie, the winning candidate

shall be chosen by drawing of lots and the candidate whose name is drawnshall be proclaimed as elected. In such an instance, the candidate chosen andproclaimed shall have the right to assume office in the same manner as if he

had been elected by plurality of vote.

SECTION 10. Vacancy (President) - If at the beginning of his term of office thePresident-Elect shall have died or shall become permanently disabled, orotherwise incapable of discharging the functions of his office, the Vice-

President-Elect who is more senior in terms of service in the Student Council,or in the absence of a difference in seniority in service, the more senior in

academic year level shall succeed as President. If both Vice-Presidents are of equal seniority in service and in year level, the successor shall be determined

by drawing of lots.

SECTION 11. Failure to Qualify and/orVacancy - When the President and VicePresidents or any other officer fails to qualify or vacates his/her office, thefollowing shall apply:

a. Where no President and any and/or both Vice-President shall have beenchosen or shall have qualified, the Secretary-General, or in case of his/herinability, the Treasurer shall act as President until a President or a Vice-President shall have been elected and qualified.



b. In case of death, permanent disability, inability, or incapacity of the officials

mentioned in the next preceding sentence, the Fourth Year BatchRepresentative shall act as President.

c. In case of death, permanent disability, removal from office, or resignation of

the President, the Vice-President who is more senior in terms of service in theStudent Council or in absence of seniority in service, the more senior inacademic year level shall serve as President for the unexpired term. If both

Vice-Presidents have equal seniority in service and are of the same year level,the Internal Vice-President shall serve as President.

d. In case of death, permanent disability, removal from office, or resignation of the President and any and/or both the Vice-Presidents, the Secretary-General,or in case of his/her inability, the Treasurer shall act as President until aPresident or a Vice-President shall have been chosen and qualified by special

election under the supervision of the Election Commissions. In case of death,permanent disability, or inability of the officers mentioned in the next

preceding sentence, the Fourth Year Batch Representative shall act asPresident and so on.

e. In case the whole Student Council shall have died or become permanentlydisabled, the predecessor Student Council Officers who have not graduated,

have not resigned or been removed during their term of office, shall hold theirformer office until the Election Commissions proclaims a new set of officers inan election duly called for the purpose within twenty-four (24) hours.

SECTION 12.S PECIAL E LECTIONS - Whenever there is a vacancy in any of the

Student Council offices other than the Office of the President, the ElectionCommissions shall call a special election to be held within 30 days after the

vacancy occurs to elect the person to serve the unexpired term; Provided , thatno special election may be called within 2 months from the next regularelection.

SECTION 13. En Banc Resolutions and Decisions - All matters involving

legislation of public interest required to be put to a vote must be made with theparticipation of the entire Student Council to pass. The President shall nottake part in voting on executive matters except to break a tie.

A. THE PRESIDENT

SECTION 14. Powers and Duties - The President shall have the followingpowers and duties:

1. Set the general goals, tasks and objectives of the entire Council at thestart of every year and shall oversee the evaluation of theaccomplishments of such at the end of every semester.

2. Official representative of the Student Body.

3. Call and preside over Student Council and SLG meetings and functions,voting only when his or her vote would break a tie.

4. With Student Council confirmation, appoint any deputy and such other

agents helpful to the functioning of the Student Council.

5. With Student Council approval, create ad hoc committees to addressspecial issues.

6. With Student Council confirmation, appoint Commissioners of theConstitutional Commissions from a list provided by said Commissions.

7. With Student Council approval, have the power to remove any agent or

committee member appointed by him/her, except those appointed asCommissioners of the Constitutional Commissioners.

8. Default student member of any Disciplinary Committee instituted by the

San Beda College Alabang School of Law against any member of the



Student body. But s/he may appoint, with Student Council approval,

another officer or any student of known probity to be his substitute.

9. Initiate and manage all continuity and sustainability programs and

supervise all transition activities of the Student Council. The Presidentmay request any Student Council officer to oversee Student Council

committees.

B. THE INTERNAL VICE PRESIDENT

SECTION 15. Power and Duties - The Internal Vice-President shall have thefollowing powers and duties:

1. Perform the duties of the President in the President's absence andcoordinate all nomination decisions and elections, subject to Section 11of this Article.

2. Call meetings to order in the absence of the President, subject to Section

11 of this Article.

3. Chairperson of the Organization Commission.

4. With council approval, shall supervise and coordinate all institutional

intra-law school student activities including the annual intramurals andChristmas Party.

5. Coordinate the schedule of all student activities.

6. Default over-all chair of the ad hoc committees that may be created by

the President for internal matters.

7. Official representative with respect to internal matters to theadministration in default of the President.

8. Perform any other functions as the President may delegate that do notoverlap with the duties and powers of the other Council Officersaccording to this Constitution.

C. THE EXTERNAL VICE PRESIDENT

SECTION 16. Power and Duties - The External Vice-President shall have thefollowing powers and duties:

1. Perform the duties of the President in the latter‟s absence subject to theprovisions of Section 11 of this Article.

2. Initiate programs and projects for the development of socialconsciousness and social responsibility.

3. With Student Council confirmation, shall have the power to initiate andmanage operations and services as a response to national emergencies.

4. As Alumini Relations Commission Chairperson, shall manage all officialmatters primarily dealing with alumni relations.

5. Supervise and coordinate all student activities within the jurisdiction of

the Student Council held outside the premises of the San Beda CollegeAlabang School of Law.

6. In charge of maintaining good relations and coordinating with other lawschools with regard to interlaw school activities.

7. Act as Press Relations Officer and shall be the official spokesperson withrespect to external matters in the absence of the President.

8. Perform any other functions as the President may delegate that do notoverlap with the duties and powers of the other Student Council Officersaccording to this Constitution.



D. THE SECRETARY GENERAL

SECTION 17. Powers and Duties - The Secretary General shall have thefollowing powers and duties:

1. Complete control and supervision over all administrative matters of the

Student Council and for this purpose, shall initiate the drafting,deliberation and effectivity of the Student Council Internal Procedure.

2. Primary authority to initiate amendments to the Internal Procedure.

3. Complete control and supervision over all Council promotional activities

and advertising campaigns within the campus.

4. Complete control and supervision over all Student Council

communications and correspondence operations within the campus.

5. Record, secure, and manage all minutes of Student Council meetings,pertinent files and important records of the Student Council, except forfinancial records, which shall be under the jurisdiction of the Treasurer.

6. Official collector and custodian of the Student Council AcademicArchives and shall implement rules and regulations for the use thereof.

7. Ensure safekeeping, handling and management of all Student Council

property and equipment. S/he shall be the Student Activity Centerofficer-in-charge.

8. Perform any other functions as the President may delegate that do notoverlap with the duties and powers of the other Council Officers

according to this Constitution.

E. THE TREASURER

SECTION 18. Power and Duties - The Treasurer shall have the followingpowers and duties:

1. Preparing the General Budget for the Student Council and all otherbodies given appropriations by the Student Council and their respectiveprojects at the beginning of each school year, subject to review andfurther recommendations by the Student Council and the representativesof such bodies, along with a representative from the School

Administration.

2. Timely release the respective budget allocations for the different bodiesand projects of the Student Council.

3. Supervise all financial matters of the Council and for this purpose, shallinitiate the drafting, deliberation and effectivity of the Student Council

Code of Financial Procedure.

4. Primary authority to initiate amendments to the Internal FinancialProcedure.

5. Secure and maintain a bank account under the name Student Council

of San Beda College Alabang School of Law, signed by the Treasure,

President and Secretary General.6. As custodian of the Council‟s bank account, the Treasurer must ensure

its yearly update especially the change of signatories as necessary.

7. Maintain, record, and secure the finances and the financial records of the Student Council and may be compelled to give a brief financialupdate at each en banc Student Council meeting.

8. Actively participate in any student project involving the raising of fundsfor the SLG in an ex-officio capacity.

9. Make and provide financial statements before and at the end of everysemester.



10. Perform any other functions as the President may delegate that do

not overlap with the duties and powers of the other Student CouncilOfficers according to this Constitution.

F. THE YEAR COUNCIL REPRESENTATIVESSECTION 19. Power and Duties - The Year Council Representatives shall have

the following powers and duties:

1. Serve as the official representative of their respective batches.

2. Have complete control and supervision over all executive mattersconcerning their respective year levels.

3. Ensure the election of a class beadle for each block every semester.

4. Power to convene the class beadles of their respective batches to discussany matter.

5. Mediator of any conflict between beadles, classes and students.

6. Ask, with Student Council approval, for contribution or subsidy for costsof batch projects from the classes of their respective batches.

7. Propose a batch stand on important issues but only with StudentCouncil approval. S/he may encourage any person from his/her batchto initiate or file a petition with the Student Council for a release of aCouncil stand subject to the provisions of Article IX in this Constitution.

8. Perform any other functions as the President may delegate that do notoverlap with the duties and powers of the other Student Council Officers

according to this Constitution.

Article VJudicial Council

SECTION 1. Name - The official of the School of Law Judiciary is The Judicial

Council of San Beda College Alabang School of Law (Judicial Council).

SECTION 2. Power – The judicial power shall be vested in Judicial Council.

SECTION 3. Scope of Power - Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legallydemandable and enforceable except those pertaining to academics anddiscipline, and to determine whether or not there has been a grave abuse of

discretion on the part of any student, officer, organization, school entity intheir dealings with others in the SLF and those endorsed by the Dean of the

School of Law provided decisions on cases endorsed by the Dean shall be mere

recommendations.

SECTION 4. Fiscal Autonomy - The Judicial Council shall enjoy fiscalautonomy. Appropriations for the Judicial Council may not be reduced by theStudent Council below the amount appropriated for the previous year whichshall not be less than Two Thousand Pesos (P2,000.00) every year and, after

approval, shall be automatically and regularly released.

SECTION 3. Composition - The Judicial Council is composed of one Chief Magistrate and six Magistrate sitting en banc. The maximum Magistrates

sitting from the same year level is three but in no case shall it be less than two.



SECTION 4. Jurisdiction - The Judicial Council shall have jurisdiction over:

1. Exercise of original jurisdiction:

a. All cases of interpretation of this Constitution and other StudentBody legislations;

b. All cases of violation of any provision of this Constitution;

c. Impeachment cases against any impeachable officer or removalcases as provided for in this Constitution;

d. Any dispute between organizations or students, or between suchorganizations and students after mediation proceedings have

failed;

e. Any dispute in which both parties consent to the jurisdiction of the

Judicial Council after mediation proceedings have failed;

f. Any dispute endorsed by the Dean of the School of Law; and

g. Issuance of writs of mandamus, prohibition, or quo warranto, orany other writ necessary and proper to the complete exercise of its

jurisdiction.

2. Review, revise, reverse, modify, or affirm on appeal or certiorari final judgments and orders of any members of the SLG or sanctioned

organization pertaining to judicial questions especially cases of graveabuse of discretion amounting lack or in excess of jurisdiction.

3. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure. Such rules shall

provide a simplified and inexpensive procedure for the speedy dispositionof cases and shall not diminish, increase, or modify substantive rights.

4. Any other power vested by this Constitution to be under the jurisdictionof the Judicial Council.

SECTION 5. Qualifications – In addition to the requirement in Section 4 ArticleIII, no person shall be appointed Magistrate unless s/he is at least bona-fide

sophomore in the Law School.

SECTION 6. Vacancy - Within twenty one (21) days from vacancy, the Membersof the Judicial Council shall be appointed by the Student Council from a list of

at least three (3) nominees prepared by the incumbent members of the Councilfor every vacancy. No nominee or applicant‟s name may be included in the list

more than once in the same appointment for different vacancies. After suchappointment, the Judicial Council Clerk of Court shall submit the names of

such appointees to the Dean of Student Affairs within three (3) days.

SECTION 7. Term of Office - The Judicial Council Magistrates shall serve fortheir whole tenure in the Law School while they are in good academic standing

and while meeting the qualifications found in this constitution.

SECTION 8. Chief Magistrate Appointment - The Judicial Council Magistratesshall, within three (3) days from vacancy, select one of their members to serveas Chief Magistrate who shall serve as such until the end of his tenure in the

Judicial Council. The one chosen as Chief Magistrate should have already

served at least one full year as an associate magistrate to qualify.

SECTION 9. Chief Magistrate Powers and Duties - The Chief Magistrate shall

have the following powers and duties:

a. Be the official representative of the Judicial Council.

b. Call and preside over Judicial Council meetings, deliberations and

functions; voting only when his or her vote would break a tie.



c. Initiate the establishment rules concerning the protection and

enforcement of constitutional rights, pleading, practice, and procedure, which will become effective upon approval by a majority of themagistrates.

d. Make appointments and set internal procedures as deemed necessary for

the just and efficient administration of the Student Court. Suchappointments and procedures shall require concurrence from a majority

of the Judicial Council for implementation.

e. Randomly assign cases or decision writing among themselves ensuringthat all magistrates would have the chance to write a decision beforehis/her respective term ends.

f. Make a certification that due deliberation or consultation has beenconducted by the Judicial Council upon deciding a case and before a

case is submitted for writing to a magistrate. The certification shall beattached to all copies of the decision.

g. Give a courtesy copy, through the Clerk of Court, all decisions of theStudent Judicial Council to the Student Council and to the Dean of

Student Affairs within two (2) days from promulgation.

h. Appoint two (2) Council Clerks of Court with Judicial Councilconfirmation.

i. Establish and implement an intensive training program for all newly

appointed magistrates and clerks.

SECTION 10. Magistrates Powers - A Judicial Council Magistrate shall have the

following powers and duties:

a. In the absence of the Chief Magistrate, the most senior magistrate in the

Judicial Council shall call and preside over Judicial Council meetings,deliberations and functions until a Chief Magistrate shall be elected bythem. In case two or more magistrates are of equal seniority in service,provision of Section 6 Article III shall apply. In case there is no difference

in year level, the one favored by drawing of lots as among them shall bethe acting Chief Magistrate.

b. The Magistrates shall recommend Internal Procedure to the Chief Magistrate.

c. The Magistrates shall participate in the trial and deliberations of everycase filed.

SECTION 11. I NHIBITION - All magistrates shall carefully consider and fairlydecide all cases and controversies coming before them as members of the Judicial Council. A magistrate should disqualify himself or herself fromparticipating in any proceeding in which his/her impartiality may becompromised, in which s/he has knowledge of a disputed fact, or in which

s/he has any interest in the outcome.

SECTION 12. Council Clerks - Two (2) Council Clerks of Court (CouncilClerks) shall be appointed and assigned by the Chief Magistrate toadministratively process each case or appeal coming before the court. The

Council Clerks so appointed shall be responsible for the docketing, scheduling,and other administrative functions established by the rules of procedure

adopted in accordance with this Article.

SECTION 13.Rules of Court, Supplement - The Judicial Council shall conductits meetings in accordance with its Rules of Procedure and in accordance with

established precedents. The Rules of Court shall apply suppletorily.



SECTION 14. Period to Decide Cases - All cases must be tried and decided

within forty (40) days from filing of the initiatory pleading.

SECTION 15. Quorom - A case shall be tried and deliberated by all of the

magistrates whenever possible. A quorum of 2/3 of all the members shall be

enough to conduct the business of the court.

Unless otherwise specified in this constitution, all matters put to a vote beforethe Judicial Council shall require a simple majority of all those whoparticipated in the trial and deliberations. The Chief Magistrate shall not take

part in the voting except to break a tie.

A doctrine shall only be reversed by the concurrence of all the magistrates.

SECTION 16. Decisions - The conclusions of the Judicial Council in any casesubmitted to it for decision shall be reached in consultation before the case is

assigned to a Magistrate for the writing of the opinion of the Judicial Council. Acertification to this effect signed by the Chief Magistrate shall be issued and acopy thereof attached to the record of the case and served upon the parties.

Any Magistrate who took no part, or dissented, or abstained from a decision or

resolution must state the reason therefor.

No decision shall be rendered by the Judicial Council without expressingtherein clearly and distinctly the facts and the law on which it is based. Nopetition for review or motion for reconsideration of a decision of the court shall

be refused due course or denied without stating the legal basis therefor.

Article VI

Bar Council

SECTION 1. Name - The official name of the Bar Council is San Beda College

Alabang School of Law Bar Operations (Bar Council).

SECTION 2. Scope – The Bar Council is hereby recognized by this Constitution

as an independent body in charge of the primary planning, management, and

facilitation of all student activities concerning the Bar Examinations.

SECTION 3. Financial Audit - The Bar Council shall be subject to preliminary

and post-audit by the Student Council Treasurer. The preliminary audit shall

consist of bi-monthly financial reports on the activities, donations,

contributions of the Bar Operations prior to the month of September. The post-

audit shall consist of a final income and expense report. Copies of these reports

shall be made available to the officers of the Student Council or any other

concerned member SLF.

SECTION 4. Fund Raisers - All fund raisers and activities organized by the Bar

Council must not be contrary to this Constitution.

Article VIIConstitutional Commission

SECTION 1.Names - The following are the Constitutional Commissions:a) Election Commissionb) Organization Commissionc) Graduation Commissiond) Alumni Relations Commission

e) Scholarship Commission



SECTION 2. Appointment - The Chairperson and the Commissioners shall beappointed by the Student Council from among the bona fide students The list

of nominees for appointment shall come from applications filed by any Member

of the Student Body before the incumbent Election Commissions.

The list of nominees shall be posted in two (2) conspicuous places in campusfor at least seven (7) days. Any opposition shall be coursed through the Student

Council which shall provide the manner therefor. No nominee shall be

appointed unless all oppositions thereto shall have been resolved.

A majority vote by all the Student Council Officers shall be required for theappointment of any nominee.

Duties and Responsibilities

A. Election Commission

SECTION 1. Name - The official Electorate Board of the San Beda College

Alabang School of law is the Election Commission (ELECOM).

SECTION 2.Scope - Decide all questions, contests or protests relating to theconduct of elections, the qualifications of the candidates and voters, as well as

the conduct of initiatives, petitions, plebiscites and recall elections.

SECTION 3. Composition – The ELECOM shall be composed of a Chairperson

and six (6) Commissioners.

SECTION 4. Duties and Responsibilities - The ELECOM shall exercise the

following duties and responsibilities:

1. Promulgate and implement rules regarding the conduct of the elections,the place and manner of the same, the accreditation of parties and orcandidates and any other matter directly related to the conduct of theelections;

2. Promulgate and enforce rules and regulations relative to the conduct of initiatives, petitions, plebiscites and recall elections;

3. Promulgate and enforce rules and regulations relating to the conduct of Judicial appointments including filing, nominations and screening;

4. Appoint, at the start of the election period, as many deputies as the

Commission may deem it necessary for the purpose of ensuring orderlyand credible elections. A deputy must be a qualified voter known forhis/her impartiality, probity, and integrity. No appointed deputy shallparticipate in any partisan political activity. A deputy shall functionunder the direct and immediate control of the Commission;

5. Execute such rules to ensure clean, honest, and orderly elections, which

shall include mandatory requirement and safeguards againstunnecessary politicking, divisive campaigning and unreasonablespending of the candidates and/or parties, as well as limits regarding thekinds, number and size of campaign materials;

6. Canvass the votes cast for Student Council elections and proclaim theduly-elected candidates;

7. To submit to the Student Council and to any interested member of theSLF a detailed and comprehensive report on the conduct of eachelections;



SECTION 5. Quorum - The ELECOM shall transact business in the following

manner:

1. The ELECOM shall sit en banc . It shall promulgate its rules of procedure

in order to expedite its proceedings. All questions, contests or protests

relating to the elections and qualifications of the candidates and voters,as well as those relating to the conduct of initiatives, petitions, and recall

elections shall be decided en banc and shall be final and unappealable.

2. Five (5) Members of the Commission shall constitute a quorum for the

purpose of transacting business. The concurrence of a majority of the

Members of the Commission shall be necessary for the pronouncement of

a decision, resolution, order or ruling.

SECTION 6. Term of Office - Each Member shall serve until he/she shall have

graduated from the School of Law, resigned, or otherwise removed from office

by impeachment. No Commissioner shall serve for more than four (4) terms, which ever comes first.

SECTION 7. Inhibitions - No Member shall sit in any case in which he/she has

manifested bias or prejudice for or against or antagonism against any party

thereto and in connection therewith.

If it be claimed that a Member is disqualified as above provided, anyone

objecting to his/her competency may file his/her objection in writing with the

ELECOM stating the ground therefor. The Commissioner concerned shall either

continue to participate in the hearing or withdraw therefrom, in accordance

with his/her determination of the question of his/her disqualification. His/herdecision thereon shall forthwith be made in writing and filed with the ELECOM

for proper notation and with the records of the case. No appeal or stay shall be

allowed from, or by reason of, his/her decision in favor of his/her own

competency until after final judgment in the case.

B. ORGANIZATION COMMISSION

SECTION 1. Name – The body in charge of regulating sanctioned organizations

is Organization Commission (ORGCOM).

SECTION 2. Scope - The ORGCOM shall ensure the free and responsibleexercise of the right of the students to form, assist, or join any law schoolorganization, alliance, or federation, for their physical, intellectual, moral,cultural, civic, spiritual, and/or political interest, for purposes not contrary to

law, morals, and public policy, as well as the reasonable policies of theinstitution.

SECTION 3. Composition and Term of Office - The ORGCOM shall be composed

of a Chairperson and two Commissioners, who shall each serve for a term of

one (1) year.

The Internal Vice President of the Student Council shall sit as Chairperson. The two Commissioners shall be appointed, by the Student Council President

from a list of nominees submitted by recognized student organizations.Appointment to a vacancy shall be for the unexpired portion of the terms only

and shall likewise be from a list of nominees. For the purpose of having a list of nominees, each recognized student organization shall nominate one (1) of its

members, who shall have been a member of the organization in good standingfor at least one (1) year. At no time shall any member of the ORGCOM shallbelong to the same recognized student organization.



SECTION 3. Powers and Functions - The ORGCOM shall have the following

powers and functions:

1. To process and approve the application of any student organizationseeking recognition, subject to the submission of: (a) formal letter of

application; (b) constitution and by-laws; (c) list of interim officers withtheir respective names, positions, year levels, addresses and specimensignatures; (d) list of at least ten (10) members (inclusive of officers) withtheir names, year levels and addresses; (e) proposed activity/activities forthe year; and (f) other reasonable requirements that the School

administration or ORGCOM may impose;

2. To check the compliance of existing organizations with the requirementsmentioned in the next preceding paragraph, suspend the benefitsaccorded to any ORGCOM member-organization, and revokeaccreditation for non-compliance with said requirements;

3. To revoke, after due hearing, accreditation already given to anyORGCOM member-organization, for reason of violation of its constitutionor by-laws, or failure to comply with reasonable rules and regulations of

the School administration, as well as that of ORGCOM, and otherwise, toissue and renew their Certificates of Recognition or Accreditation,

subject to reasonable requirements that it may impose;

4. To supervise, evaluate and regulate the operation and activities of all

duly recognized student organizations for the purpose of providingneeded guidance and assistance for the effective and efficient utilizationof their human potential and other resources, and for the attainment of goals and objectives of the organizations as envisioned in their approved

constitution and by-laws;

5. To prescribe the minimum qualifications for officer in each recognized

student organization;

6. To approve and disapprove any student activity, after consultation withthe organization concerned, if such activity violates the administrationpolicy/policies as well as the rules and regulations set by the Student

Council;

7. To intervene and mediate in case of conflict within an organization, orbetween two or more organizations;

5. To keep a file of the constitution and by-laws, as well as the annualreports and other pertinent documents of each recognized studentorganization;

6. To submit to the Student Council an annual report of its operations andactivities, including that of recognized student organizations;

7. To promulgate and enforce such rules and regulations as may be proper

and necessary for the attainment of its purpose;

8. To promulgate a set of internal rules of procedure concerning therequirements and process for qualification, accreditation, suspension,

revocation, and such other matters; and9. To perform such other powers and functions, which may be implied or

are necessary for the attainment of its purpose.

SECTION 4. Budget - The ORGCOM shall annually submit a proposed budgetto the Student Council and its approved appropriations shall automatically andregularly be released. The organizational development fund and other such

funds for the members of the ORGCOM shall be fixed by the Student Council.Any increase or decrease thereto shall not affect the incumbent ORGCOM

members but such increase or decrease shall take effect thereafter.



C. Graduation Commission

SECTION 1. Name - There is hereby created an independent Commissioncalled the Graduation Commission (GRADCOM).

SECTION 2. Scope – The GRADCOM primarily responsible of planning andcoordinating with the Law School Administration, of all matters pertaining to

the graduation ceremony of all students eligible therefor.

SECTION 3. Duties and Responsibilities – The GRADCOM has the duty andresponsibility to:

1. Coordinate with the Law School Administration regarding all

graduation related activities;2. Keep all prospective graduates update with graduation details;3. Organize the annual pre-graduation celebration Lex Symposia;4. All other things deemed necessary for proper preparation of the

graduation ceremonies.

SECTION 4. Composition – The GRADCOM shall compose the Fourth YearLevel Representative as Chairperson and four (4) Commissioners to be

appointed by the Student Council President from a list provided by theCommissioners. In no case shall the list contain more than nine (9) names.

SECTION 5. Budget - The GRADCOM shall annually submit a proposed budgetto the Student Council and its approved appropriations shall automatically andregularly be released. The organizational development fund and other suchfunds for the members of the GRADCOM shall be fixed by the Student Council.Any increase or decrease thereto shall not affect the incumbent GRADCOM

members but such increase or decrease shall take effect thereafter.

D. Alumni Relations Commission

SECTION 1. Name - There is hereby created a Commission called an

independent Commission called the Alumni Relations Commission (ARC).

SECTION 2. Scope – The ARC is a commission that deals with alumnirelations. All activities, projects, fundraiser and other related events involving

the alumni and the Student Body shall be coordinated with the ARC.

SECTION 3. Composition – The ARC shall compose the External Vice Presidentas Chairperson and two (2) Commissioners to be appointed by the StudentCouncil President from a list provided by the Commissioners. In no case shallthe list contain more than five (5) names.

SECTION 4. Duties and Responsibilities – The ARC has the duty andresponsibility to:

1. Coordinate with the Alumni Association regarding events, projectsthat either the school or the Association might need;

2. Keep a directory of all San Beda Alabang Law School Graduates;

3. All other things deemed necessary to create harmoniousrelationship between the Student Body and the Alumni

Association.

E. Scholarship Commission



SECTION 1. Name - There is hereby created an independent commission

called the Scholarship Commission (SC) under the direct supervision of theStudent Council.

SECTION 2. Composition - The Commission shall be composed of the Treasureras Chairperson and four (4) Commissioners to be appointed by the Student

Council President from a list provided by the Commissioners. In no case shallthe list contain more than five (9) names.

SECTION 3. P OWERS AND F UNCTIONS - The Scholarship Commission shall havethe following powers and functions:

1. It shall solely administer and disburse the Scholarship Fund to grantees;

2. It shall accept at least once per school year applications for tuitionscholarship.

3. It shall screen the applicants for scholarship and decide at least onescholarship grantee from among the applicants. The Commission may

impose any conditions or restrictions on the Scholarship;

4. It shall investigate the financial and scholastic background of eachapplicant;

5. It shall monitor the grantee‟s compliance with the scholarship‟s

conditions or obligations;

6. It shall define and specify qualifications and requirements forapplication;

7. It shall promulgate rules and procedures for application and screening.

8. It shall submit a list of all grantees and a financial report specifying

therein the amounts disbursed and the balance of the fund everysemester.

9. It may recommend to the Student Council effective measures to promotefinancial viability of the Scholarship fund.

10. It may recommend to the Student Council the suspension of presentscholarship grants for reasons of financial non-viability of thescholarship fund provided that such suspension shall not be for morethan one school year. Such recommendation for suspension shall not be

oftener than once every 5 years;

11. It may perform such other related duties and functions as may bedelegated by the Student Council.

SECTION 7. The Scholarship Fund shall be independent from the Student

Activity Fund. It is not subject to any garnishment, attachment or

appropriations for purposes other than scholarship and such appropriations

for scholarship shall only be made by the Scholarship Commission and

Student Council.

The approved annual appropriations of the Commission shall be automatically

and regularly released.

ARTICLE VIIAccountability

SECTION 1. Public Trust - The Office of the School of Law Government is atrust. SLG Officers must serve the Student Body with utmost dedication and

integrity.

SECTION 2. Removal from Office - A SLG Officer may be removed byresignation, impeachment, incapacity, or other means provided by this

Constitution.



No SLG Officer shall be removed from their office except for a valid cause and

after the observance of due process.

SECTION 3. Grounds for Removal - The following grounds shall constitute as

valid causes for the removal of any student officer:

1. Persistent misfeasance, malfeasance or nonfeasance of his/her duties

and responsibilities;

2. Malversation, misuse or misappropriation of student funds;

3. Gross immorality;

4. Any act involving moral turpitude as provided for in the Revised PenalCode;

5. Failure to maintain student status; and

6. Culpable violation of this Constitution.

SECTION 4. SLG Officers Impeachment - The impeachment of SLG Officersexcluding Judicial Council Magistrates shall be initiated by the filing of anaction by any student with the Judicial Council in accordance with its Rules of Procedure. In no case may an impeachment complaint be initiated more than

once per semester.

SECTION 5. Magistrate Impeachment - The impeachment of Judicial CouncilMagistrates shall be initiated by the filing of a complaint by any student on any

of the grounds in SECTION 3 and on any violation of the Canons of JudicialEthics with the Student Council in accordance with its Internal Procedures. The Student Council shall decide en banc whether or not there is prima faciecase for impeachment. In the existence of a prima facie case, it shall initiate aDisciplinary complaint with the Dean of Student Affairs who shall decide

whether or not to impeach the magistrate concerned. In the meantime, themagistrate concerned shall be suspended from assuming any of his/her duties

until the decision of the Associate Dean has been promulgated.

In no case may an impeachment complaint against any magistrate be initiated

more than once per semester.

SECTION 6. Resignation - A SLG Officer who wishes to resign must tender a

written resignation to the Secretary-General at least fourteen (14) days priorthe date of resignation. In case the Secretary-General wishes to resign, such written resignation shall be given to the Student Council President within the

same period.

SECTION 7. Transition of Files - A Student Council Officer who has beenremoved by causes under the Constitution or has resigned shall account for all

the funds, files, documents and Council properties entrusted to him/her to the

Secretary-General and Treasurer.

In case of the failure of the said officer to comply with such obligation, theCouncil may file, by 2/3 votes, a resolution with the Law School Administrationto withhold the concerned officer‟s scholastic records or clearance until the

obligation has been complied.

SECTION 8. When Incapacitated - An officer shall be considered removed fromoffice by reason of incapacity. An officer shall be considered incapacitated toperform his/her duties in the event of death; or in the case of serious illness,

mental, emotional or physical disability as certified by all the members of theSLG Body to which such officer belongs. Such certification shall be addressed

to the student body.



In cases of serious illness, mental, emotional or physical disability, the officer

certified incapacitated may file a protest with the Judicial Council within 5days from receipt or notice of certification.

A judicial council officer certified incapacitated shall file his/her protest with

the Student Council and shall be decided upon by the Council en banc.

Incapacity by reason of Academic Probation shall be governed by SECTION 3

Paragraph (e) Article VI of this Constitution.

ARTICLE IXPetitions and Initiatives

SECTION 1. Petition - A petition bearing the valid signature of the majority of the Student Council shall cause the same to consider a specific resolution

within reasonable time from the presentation thereof.

SECTION 2. Initiative - An initiative is a procedure by which Student Body may

oblige the Student Council to adopt a resolution.

A petition containing the signatures of two-thirds of the members of theStudent Body is a valid initiative, provided, one-third of the total members of

each year level must sign.

SECTION 3. Validity - A validly obtained initiative shall be binding on the

Student Council and shall supersede all inconsistent resolutions previously

done.

ARTICLE XAmendments and Revisions

SECTION 1. How to Amend - Any amendment to, or revision of, thisConstitution may be proposed by:

1. Presentation to the Student Council or Student Body; or

2. Through a Constitutional Convention.

SECTION 2. Proposal - An amendment to this Constitution may be proposed

by:

1. The Student Council on its own; or

2. Any organization or member/s of the SLG or the Student Body through

the Student Council.

SECTION 3. Requirements - Any amendment proposed to the Student Councilshall be posted in three (3) conspicuous places in the Law School building for

two weeks.

Any amendment directly proposed to the Student Body shall be considered avalid proposal if the petition filed should contain the signatures of at least one-

third of the members of the Student Body.

No amendment shall be considered unless the signatures gathered in supportthereof are completed within one (1) week from the presentation of the

amendment/s to the Student Council or the Student Body.

The proposal/s shall be posted in three (3) conspicuous places in the Law

School Building for two weeks.



SECTION 4. Plebiscite - A proposed amendment, through the Student Council

or the Student Body, may be adopted by a two-thirds vote of the Student Bodythrough plebiscite conducted not later than one month from the presentation of

the amendment.

SECTION 5. Constitutional Convention - The Student Council, by a unanimousvote may call a Constitutional Convention, or by a two-thirds vote of all its

Members, submit to the Student Body the question calling such a convention.

SECTION 6. Restrictions - No amendment or revision to this Constitution shallbe made within two (2) years following its ratification. Subsequently, no move

for amendment or revision shall be made more than once a year.

SECTION 7. Rules and Regulations - The ELECOM shall promulgate rules and

regulations to be adopted for plebiscites.

ARTICLE XITransitory Provisions

SECTION 1. The first Student Council Elections under this Constitution shallbe held no later than February 26, 2009 Thursday. Elected officers shall take

their oath no later than March 2, 2009 Monday.

SECTION 2. This Constitution shall take effect immediately upon itsratification by a majority of the votes cast in a plebiscite held for the purpose,provided, two-thirds of the total members of the Student Body have cast their

votes.

SECTION 3. Members of the Student Body will immediately be bound by thisConstitution upon its ratification.

SECTION 4. The Judicial Council and all Constitutional Commissions, except

the Scholarship and Alumni Relations Commissions, shall be constituted afterthe ratification of this Constitution and after the ELECOM has conformed to its

provisions.

The first Judicial Council shall be composed of seven (7) Magistrates – two (2)

incoming Sophomores, two (2) incoming Juniors, and 3 incoming Seniors. Theyshall be elected by the Student Body in the same election as the Student

Council

SECTION 5. T HE ALUMNI RELATIONS COMMISSION SHALL BE CONSTITUTED AFTER THE

FIRST BATCH OF SAN BEDA ALABANG SCHOOL OF L AW SENIORS HAVE GRADUATED. T HE

SCHOLARSHIP COMMISSION SHALL BE CONSTITUTED UPON THE ESTABLISHMENT OF THE

FINANCIAL FEASIBILITY OF THE SCHOLARSHIP FUND.

SECTION 6. A copy of this Constitution shall be published in the studentmanual and any student publication as far as practicable and posted on the

bulletin board.

SECTION 7. A maximum of two members of the Constitutional Commissionmay be seated as magistrate of the Judicial Council but not as Chief

Magistrate.



Constitutional Commission

Shelumiel Milagros M. Espaldon

Chairperson

Tara Triztina Rama

Vice- Chairperson

Commissioners :

Angelo Martin B. ArellanoMichael Julian M. Maramba

William Kristoffer N. EusoresWilson T. De Jesus

Emmanuel Benson L. LaoRev. Enrico R. Esguerra

Documents

Sbcasol Student Constitution