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Case 2013-001_Decision 12112013

Case 2013-001_Decision 12112013

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The Court's consolidated decision on the impeachment complaint filed by the Petitioners and the motion to dismiss filed by the Respondent.
The Court's consolidated decision on the impeachment complaint filed by the Petitioners and the motion to dismiss filed by the Respondent.

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Published by: Ateneo Student Judicial Court on Dec 11, 2013
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12/14/2013

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1
The 
 
C  J
 T
HE
O
FFICIAL
 J
UDICIAL
 A
RM
 
of the
S
 ANGGUNIÁN NG MGA
M
 AG
-A
 ARAL NG MGA
P
 ÁARALÁNG
L
OYÓLA NG
 A
 TENÉO DE
M
 ANILA
 
TUDENT UDICIAL OURT
 
S
 
ATENEO STUDENT JUDICIAL COURT Ateneo de Manila University - Loyola Schools Barangay Loyola Heights, Quezon City
UNDERGRADUATE STUDENTS OF Case No. 2013-001 THE LOYOLA SCHOOLS Petitioner represented by
CHIEF PROSECUTOR
CLYDE Promulgated: MARAMBA,
 PROSECUTORS 
 December 11, 2013 BEATRIZ BEATO, ROBERT MARI IBAY, JULIA DARYL LENARZ, MAGDALENA MARIE PINEDA, JIEGO MICHAEL TANCHANCO, CRISTINE MARIE VILLARUEL,
SPECIAL  PROSECUTOR
JAYVY GAMBOA, AND
 DEPUTY CLERK OF COURT
PATRICK JOSEPH NG versus
SOSS SECRETARY-TREASURER
MARVIN LAGONERA Respondent
x----------------------------------------------------------------------------------x
TO: Mr. Clyde Maramba,
Chief Prosecutor, and
Mr. Andre Miko Alazas,
 Lead Counsel for Mr. Lagonera (Respondent)
IN RE:
Consolidated Decision on the Impeachment Complaint filed by Petitioners and the Motion
to Dismiss filed by the Respondent’s legal counsel
 
 
 
2
The 
 
C  J
 T
HE
O
FFICIAL
 J
UDICIAL
 A
RM
 
of the
S
 ANGGUNIÁN NG MGA
M
 AG
-A
 ARAL NG MGA
P
 ÁARALÁNG
L
OYÓLA NG
 A
 TENÉO DE
M
 ANILA
 
TUDENT UDICIAL OURT
 
S
 
ATENEO STUDENT JUDICIAL COURT DECISION 12112013
Pertinent to the cause of this decision are the following: On 2 December 2013, the Ateneo Student Judicial Court
(hereinafter referred to as “the Court” for
brevity), received a consolidated impeachment complaint from Mr. Clyde Maramba, Chief Prosecutor, et
al. (hereinafter referred to as “the Petitioners”, cont
aining six (6) impeachment charges against Mr. Marvin Lagonera, SOSS Secretary-
Treasurer (hereinafter referred to as “the Respondent”).
 
Article XIII Section 10a of the 2005 Constitution of the Undergraduate Students of the Ateneo de Manila Loyola Schools
 
(hereinafter referred to as “the Constitution”) states:
 
Section 10.
Procedures on Accountability
(a) The Student Judicial Court shall order investigations of cases of impeachment and recall at its own discretion or on the basis of written complaints from any member of the student body
within seven regular school days
. The JC shall then decide whether to initiate impeachment or recall proceedings or not. Should the Student Judicial Court fail to meet this deadline, complaints shall be automatically dismissed.
 (emphasis ours)
implying that the Court is given until 11 December 2013 (counting Faculty Day, 6 December 2013 as a school holiday and Saturday, 7 December 2013 as a regular school day) to render a decision on acceptance or rejection of the consolidated impeachment complaint based on its judicial merits. On 7 December 2013, the Court released a decision granting the Respondent a two-day or 48-hour extension for the deadline of filing responses and/or motions, extending the deadline to 9 December 2013, 3:20 pm. On 9 December 2013, 2:46 pm, the Court received a Motion to Dismiss filed by Mr. Andre Miko Alazas, lead counsel for the Respondent. This decision is a consolidated decision on the merits of the Impeachment Complaint filed by the Petitioner
s and the Motion to Dismiss filed by the Respondent’s lead counsel. The decision is structured as
follows: 1.
 
Applicable Laws 2.
 
Impeachment Charges (with facts as presented by both parties, and analysis and ruling) a.
 
Usurping the School Board Chairpersonship b.
 
Appointment of Block and Course Representatives without due process c.
 
Appointment of Executive Officers and Central Board Representatives without due process d.
 
Illegal creation of the Committee System, a structure that undermines the roles and responsibilities of the Executive Officers and the Executive Committee
 
 
3
The 
 
C  J
 T
HE
O
FFICIAL
 J
UDICIAL
 A
RM
 
of the
S
 ANGGUNIÁN NG MGA
M
 AG
-A
 ARAL NG MGA
P
 ÁARALÁNG
L
OYÓLA NG
 A
 TENÉO DE
M
 ANILA
 
TUDENT UDICIAL OURT
 
S
 
e.
 
Corruption, related to offering a public-office petition to a person, with the condition the person changes political affiliation to the Secretary-
Treasurer’s party
 f.
 
Failing to keep the records of the School Board transparent and falsification of official School Board documents in the course of the investigation 3.
 
Summary of the Decision/Ruling
APPLICABLE LAWS
The Court rules that in determining cases related to the internal governance of the Sanggunian ng mga Paaralang Loyola ng Ateneo de Manila, the
2005 Constitution of the Undergraduate Students of the Ateneo de Manila Loyola Schools
(“the Constitution”) and its by
-laws
are given primary application. Only in instances where the either the Constitution or its by-laws are cited may Philippine law and jurisprudence apply, giving them merely suppletory application.
IMPEACHMENT CHARGES
USURPING THE SCHOOL BOARD CHAIRPERSONSHIP
The Facts
 
The Petitioners’ complaint stated that the Respondent, who was elect
ed Secretary-Treasurer, cannot assume the position of School Board Chairperson in the case that the Chairpersonship is vacant due to failure of elections and that any action committed by the Respondent amounting to assuming the powers and responsibilities of the Chairperson constitutes a positive act of usurpation. To support this, they cite
Article VIII Section 2 of the Constitution
which states:
B.
Chairperson
(a) To be the Chairperson and Chief Executive Officer of the School Board; (b) To be the official spokesperson of the School Board; (c) To coordinate with the Central Board on behalf of the School Board; (d) To maintain the autonomy of the School Board; (e) To chair the meetings of the School Board; and (f) To perform such other functions as the School Board Executive Committee may so direct. C.
Secretary-Treasurer
 (a) To assume the responsibilities of the Chairperson if the Chairperson is absent, or incapacitated; (b) To automatically assume the Chairpersonship in the event that such office is permanently vacated; (c) To be the Chief Administrative Officer of the School Board, keeping records of the School Board's proceedings, and correspondence and be responsible for furnishing copies to the Sanggunian Secretary-General where appropriate; (d) To be the School Board's budget officer and disburser of funds; and (e) To perform such other functions the Board or President may so direct.
 

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