Professional Documents
Culture Documents
Consti v3
Consti v3
College of Law
Taft Avenue, Manila City
PREAMBLE
We, the students of the De La Salle University College 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 and development, create a community of socially
responsible advocates of the law and lifelong learners, together with the recognition of our
autonomy as students of the College of Law, do ordain and promulgate this constitution.
ARTICLE I
THE STUDENT BODY
SECTION 1. Name - The Student Body shall be composed of all bona fide students of the De La
Salle University College 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 sanctioned by the Executive
Board and the University Policies;
5. The right to information on matters of public concern and to be given access to all papers
and documents within reasonable time;
SECTION 3. Rights - The members of the Student Body shall observe the following duties and
responsibilities:
1. To abide by the rules and regulations promulgated by De La Salle University and the
College of Law;
ARTICLE II
LAW SCHOOL
GOVERNMENT
SECTION 1. Name - The official Law School Government (LSG) shall comprise of the:
a.)Executive Board (EB)
b.)Bar Operations Committee (Bar Ops)
c.)Commission on Elections (COMELEC)
d.)Judicial Board (JB)
e.) Batch representatives
SECTION 3. General Qualifications All appointed or elected Officers of the LSG shall be:
4. Must be a resident of the College of Law for at least two consecutive semesters upon
assumption of position;
5. One who does not resort to any practices involving violence and acts not in consonance
with human dignity or unworthy of mature conduct or deportment, as expected of a
student of law;
6. S/he must not have been meritoriously charged with any violation of any law or code of
discipline in any court, tribunal, committee, or board.
A student is considered in good academic standing if s/he is not under academic probation
for the semester immediately preceding such election.
Any contest regarding these qualifications may be subject to the proper procedure before
the COMELEC.
For the purposes of determining seniority in terms of academic year level, the actual number of
semesters enrolled and finished shall determine such seniority.
SECTION 6. Rules of Procedures The LSG must promulgate its own respective individual
Internal Procedures (IP), Internal Financial Procedures (IFP) and Structural Organization (SO). A
duplicate copy of each Rules of Procedure (ROP) is to be submitted to the Executive Board.
SECTION 7. Records - The LSG shall keep and maintain electronic records of its meetings,
planning documents, financial statements, and memberships to the extent practically possible
in a manner that is understandable and accessible to the Student Body and any other
interested party.
SECTION 8. Updating New Members The Newly elected LSG Officers shall be updated by the
former LSG officers with respect to but not limited to factual circumstances of the College of
Law, and International events of particular interest to the values and aspirations of the College of
Law, relevant to the newly elected LSG Officers and the Student Body.
SECTION 9. Academic Probation - If an LSG Officer 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 Judicial Board or if an
Executive Board Officer 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 Executive Board.
Upon the determination and affirmation of the merits of such protest by the appropriate Executive
Board, the concerned LSG Officer shall be deemed incapacitated and automatically removed
from office. The said LSG Officer shall have five (5) days from receipt of notice to appeal the
affirmation to the appropriate Executive Board, stating justifiable cause therefor. Upon the lapse
of five (5) days from notice of theaffirmationwithoutperfectinganappealoruponreceiptofnotice
dismissing the appeal, the judgment of the appropriate Executive Board shall become final and
executory.
If the Executive Board dismisses the protest, the LSG Officer shall remain in office. A formal
protest of incapacity may only be filed once in one term for each of the Executive Board Officers.
Upon the determination and affirmation of the merits of such protest by the Executive Board, the
concerned LSG Officer shall be deemed incapacitated and automatically removed from
office.
SECTION 10. Before assumption of office, all LSG Officers shall take the following oath or
affirmation:
I do solemnly swear that I will faithfully and conscientiously fulfill my duties as (LSG
position) and maintain allegiance and respect to the De La Salle University College 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 the best of my knowledge and discretion and I impose upon myself
these voluntary obligations without any mental reservation or purpose of evasion. So help me
God.
ARTICLE III
EXECUTIVE BOARD
SECTION 1. Name -
The official name of the student bodies representative
organization shall be "The Executive Board of De La Salle University College of Law (Executive
Board ).
SECTION 2. Power - All Executive and Legislative power of the LSG shall be vested in the
Executive Board.
SECTION 3. Use of Name - All official business and activities of the Student
Executive Board shall be entered into and transacted in its full and official name.
SECTION4. Functions and Duties - The Executive Board shall perform the following duties and
all other functions as necessary:
2. Carry the Right to delineate within its membership specific offices and to assign specific
rights and responsibilities to each office;
4. Meet at least meet twice monthly during the academic year to discuss student issues,
evaluate their work, impact, and direction, and to plan future activities;
6. Perform all necessary duties not vested in any body found in this
Constitution;
7. Make the annual general budget providing for, among others, allocations to the sanctioned
organizations and committees;
SECTION 5. Composition The Executive Board shall consist of the following officers:
a.)President;
b.)
External Vice-President;
c.)
Internal Vice-President;
SECTION6. Quorom - The presence of at least four (4) officers constitutes a quorum to transact
their regular business. A majority vote of members present validates a decision.
SECTION 7. Terms of Office - The Executive Board officers shall be elected by direct vote of all
All officers shall begin their terms of office at noon of the last Friday of April.
All terms shall end at noon of the last Friday of April the following year.
SECTION 8. Proclamation of Winner - The person having the highest number of votes shall be
proclaimed elected.
In case the election results in a tie, with two or more candidates receiving the highest number of
votes, a re-election for the position in question shall be held within seven (7) days. The reelection will follow the same rules enunciated in the 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 drawn shall be proclaimed as elected. In such an
instance, the candidate chosen and proclaimed shall have the right to assume office in the same
manner as if he had been elected by plurality of vote.
SECTION 9. Failure to Qualify and/or Vacancy - When the President and Vice Presidents or any
other officer fails to qualify or vacates his/her office, the following shall apply:
a. Where no President and no Vice-Presidents have been chosen or shall have qualified,
the Secretary, or in case of his/her inability, 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, removal from office, or resignation of the President,
then the Vice-President for Internals shall serve as President for the unexpired term;
c. In case of death, permanent disability, removal from office, or resignation of the President
and the Vice President for Internals, then the Vice-President for Externals shall serve as
President for the unexpired term;
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, or in case of his/her inability, the Treasurer
shall act as President until a President or a Vice-President shall have been chosen and qualified by
special election under the supervision of the Election Commissions;
e. In case the whole Executive Board shall have died or become permanently disabled, the
predecessor Executive Board Officers who have not graduated, have not resigned or been
removed during their term of office, shall hold their former office until the Election Commissions
proclaims a new set of officers in an election duly called for the purpose within twenty-four (24)
hours.
SECTION 11. En Banc Resolutions and Decisions - All matters involving legislation of
public interest required to be put to a vote must be made with the participation of the entire
Executive Board to pass.
A. THE PRESIDENT
SECTION 12. Powers and Duties - The President shall have the following powers and duties:
1. Set the general goals, tasks and objectives of the entire Executive Board at the start of
every year and shall oversee the evaluation of the accomplishments of such at the end of
every semester;
3. Call and preside over LSG meetings and functions, voting only when his or her vote would
break a tie;
4. With Executive Board confirmation, appoint any deputy and such other agents helpful to
the functioning of the Executive Board;
5. With Executive Board approval, create ad hoc committees to address special issues;
6. With Executive Board confirmation, appoint the Bar Operations Chairman from a list
provided by the COMELEC;
7. Initiate and manage all continuity and sustainability programs and supervise all transition
activities of the Executive Board. The President may request any Executive Board officer
to oversee Executive Board Committees;
SECTION 13. Power and Duties - The Internal Vice-President shall have the following powers
and duties:
1. Perform the duties of the President in the President's absence and coordinate all
nomination decisions and elections, subject to Section 9 of this Article.
2. With Executive Board approval, shall supervise and coordinate all institutional intra-law
school student activities.
6. Perform any other functions as the President may delegate that do not overlap with
duties and powers of the other Officers according to this Constitution.
the
SECTION 14. Power and Duties - The External Vice-President shall have the following powers
and duties:
1. Perform the duties of the President in the latters absence subject to the
provisions of Section 9 of this Article.
3. With Executive Board confirmation, shall have the power to initiate and manage operations
and services as a response to national emergencies.
4. As Alumini Relations Commission Chairperson, shall manage all official matters primarily
dealing with alumni relations.
5. Supervise and coordinate all student activities within the jurisdiction of the Executive
Board held outside the premises of the De La Salle University College of Law.
6. In charge of maintaining good relations and coordinating with other law schools with
regard to interlaw school activities.
7. Act as Press Relations Officer and shall be the official spokesperson with respect to
external matters in the absence of the President.
8. Perform any other functions as the President may delegate that do not overlap with the
duties and powers of the other officers according to this Constitution.
SECTION 15. Powers and Duties- The Vice President for Non Academics shall have the
1. Perform the duties of the President in the latters absence subject to the provisions of
Section 9 of this article;
2. Supervise the creation and dissolution of all student organizations, as well as mediate for
all conflicts arising from said organizations, provided that the above are not contrary to the
University Policies;
3. In charge of creating social, healthful, and recreational activities to rejuvenate the spirits of
the Student Body.
4. Perform any other functions as the President may delegate that do not overlap with the
duties and powers of the other Officers according to this Constitution.
E. THE SECRETARY
SECTION15. Powers and Duties - The Secretary shall have the following powers and duties:
1. Complete control and supervision over all administrative matters of the Executive Board
and for this purpose,shall initiate the drafting, deliberation and affectivity of the Executive
Board Internal Procedure;
3. Complete control and supervision over all Executive Board promotional activities and
advertising campaigns within the campus;
5. Record, secure, and manage all minutes of Executive Board meetings, pertinent files and
important records of the Executive Board, except for financial records, which shall be
under the jurisdiction of the Treasurer;
6. Official collector and custodian of the Executive Board Academic Archives and shall
implement rules and regulations for the use thereof;
7. Ensure safekeeping, handling and management of all Executive Board property and
equipment. S/he shall be the Student Activity Center officer-in-charge;
8. Perform any other functions as the President may delegate that do not overlap with
duties and powers of the other Officers according to this Constitution.
the
F. THE TREASURER
SECTION16. Power and Duties - The Treasurer shall have the following powers and duties:
1. Preparing the General Budget for the Executive Board and all other bodies given
appropriations by the Executive Board and their respective projects at the beginning of
each school year, subject to review and further recommendations by the Executive Board and the
representatives of such bodies;
2. Timely release the respective budget allocations for the different bodies and projects of the
Executive Board;
3. Supervise all financial matters of the Executive Board and for this purpose, shall initiate
the drafting, deliberation and affectivity of the Executive Board Code of Financial
Procedure;
5. Secure and maintain a bank account under the name De La Salle University College of
Law, signed by the Treasure, President and Secretary;
6. As custodian of the Executive Board'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 Executive
Board and may be compelled to give a brief financial update at each en banc Executive
Board meeting;
8. Actively participate in any student project involving the raising of funds for the LSG in
an ex-officio capacity;
9. Make and provide financial statements before and at the end of every semester;
10.Perform any other functions as the President may delegate that do not overlap with the
duties and powers of the other officers according to this Constitution.
G. THE AUDITOR
SECTION 17. Powers and Duties - The Auditor shall have the following powers and duties:
1. Verify the journal and ledger entries of cash and check payments, purchases,
expenses, and trial balances by examining and authenticating inventory items;
4. Perform any other functions as the President may delegate that do not overlap
with the duties and powers of the other Officers according to this Constitution.
ARTICLE IV
BATCH REPRESENTATIVES
SECTION 1. Power and Duties - The Batch Representatives shall have the following powers and
duties:
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 discuss any matter;
5. Act as mediator for any conflict between beadles, classes and students;
6. Ask, with Executive Board approval, for contribution or subsidy for costs of batch projects
from the classes of their respective batches;
7. Propose a batch stand on important issues and be present during Executive Board
meetings to air out any concerns regarding their batch.
8. Perform any other functions as the President may delegate that do not overlap with the
duties and powers of the other Executive Board Officers or that of any other officer
according to this Constitution.
SECTION 2. Terms of Office- The Executive Board officers shall be elected by direct vote of all
bona fide members of the Student Body.
All officers shall begin their terms of office at noon of the last Friday of April.
All terms shall end at noon of the last Friday of April the following year.
Article V
BAR
OPERATIONS
COMMITTEE
SECTION 1. Name - The official name of the Bar Operations Committee is the De La Salle
University College of Law Bar Operations Committee (Bar Ops).
SECTION 2. Scope The Bar Operations Committee 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. Bar Operations Chairman- The Bar Ops Chairman shall be appointed by the
Executive Board from a list of candidates, prepared by the COMELEC.
SECTION 4. General Duties of Bar Ops Chairman- The Bar Ops Chairman shall have the
authority to appoint any number of officers, create committees, and hold events, for the purpose
of raising funds for the Bar Ops and the preparation of necessary material and logistical
assistance for the annual Philippine Bar Examinations. Provided, such officers, committees, or
events are not in conflict with the duties, powers, and responsibilities of any Executive Board
Officer.
SECTION 5. Fund Raisers - All fund raisers and activities organized by the Bar Executive Board
must be coordinated with the Executive Board and not be contrary to this Constitution.
Article VI
JUDICIAL BOARD
SECTION 1. Name - The official name of the College of Law Judiciary is the Judicial Board of
De La Salle University College of Law (Judicial Board).
SECTION 2. Power The judicial power shall be vested in the Judicial Board.
SECTION 3. Scope of Power - Judicial power includes the duty of the courts of justice tosettle
actual controversies involving rights which are legally demandable and
enforceable except
those pertaining to academics and discipline, and to determine whether or not there has been a
grave abuse of discretion on the part of any student, officer, organization, school entity in their
dealings with others in the Student Body and those endorsed by any academic official provided
decisions on all cases shall be mere recommendations.
SECTION 4. Composition - The Judicial Board is composed of one Chief Magistrate and four
Magistrates sitting en banc. The maximum Magistrates sitting from the same year level is
two. For the first batch of Magistrates shall be composed of two Juniors, two Seniors, and one
Sophomore.
SECTION 5. Jurisdiction - The Judicial Board shall have jurisdiction over:
2. Review, revise, reverse, modify, or affirm on appeal or certiorari final judgments and
orders of any members of the Student Body or sanctioned organization pertaining to
judicial questions especially cases of grave abuse of discretion amounting lack or in
excess of jurisdiction with the sole exemption of election contests which shall fall under
the exclusive jurisdiction of COMELEC
4. Any other power vested by this Constitution to be under the jurisdiction of the Judicial
Board.
SECTION 7. Vacancy - Within twenty one (21) days from vacancy, the Members of the Judicial
Board shall be appointed by the Executive Board from a list of at least three (3) nominees
prepared by the incumbent members of the Judicial Board for every vacancy. No nominee or
applicants name may be included in the list more than once in the same appointment for
different vacancies.
SECTION 8. Term of Office - The Judicial Board Magistrates shall serve for their whole tenure in
the Law School while they are in good academic standing and while meeting the qualifications
found in this constitution.
SECTION 9. Chief Magistrate Appointment - The Judicial Board Magistrates shall, within three
(3) days from vacancy, select one of their members to serve as Chief Magistrate who shall serve
as such until the end of his tenure in the Judicial Board.
SECTION 10. Chief Magistrate Powers and Duties - The Chief Magistrate shall have the
following powers and duties:
b. Call and preside over Judicial Executive Board meetings, deliberations and functions;
voting only when his or her vote would break a tie;
c. Initiate
the establishment of rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure, which will become effective
upon
approval by a majority of the magistrates;
e. Randomly assign cases or decision writing among themselves ensuring that all magistrates
would have the chance to write a decision before his/her respective term ends;
f.Make a certification that due deliberation or consultation has been conducted by the
Judicial Board upon deciding a case and before a case is submitted for writing to a
magistrate. The certification shall be attached to all copies of the decision;
g. Give a courtesy copy, through the Clerk of Court, all decisions of the Student Judicial
Board to the Executive Board within two (2) days from promulgation;
i.
Establish and implement an intensive training program for all newly appointed
magistrates and clerks.
SECTION 11. Magistrates Powers - A Judicial Board Magistrate shall have the following powers
and duties:
a. In the absence of the Chief Magistrate, the most senior magistrate in the Judicial Executive
Board shall call and preside over Judicial Board meetings, deliberations and functions
until a Chief Magistrate shall be elected by them. In case two or more magistrates are of
equal seniority in service, provision of Section 5 Article II shall apply. In case there is no
difference in year level, the one favored by drawing of lots as among them shall be the
acting Chief Magistrate.
c. The Magistrates shall participate in the trial and deliberations of every case filed.
SECTION 12. INHIBITION - All magistrates shall carefully consider and fairly decide all cases
and controversies coming before them as members of the Judicial Board. A magistrate should
disqualify himself or herself from participating in any proceeding in which his/her impartiality
may be compromised, in which s/he has knowledge of a disputed fact, or in which s/he has any
interest in the outcome.
SECTION 13. Executive Board Clerks - Two (2) Executive Board Clerks of Court (Executive
Board Clerks) shall be appointed and assigned by the Chief Magistrate to administratively process
each case or appeal coming before the court. The Executive Board 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 14.Rules of Court, Supplement - The Judicial Board shall conduct its meetings in
accordance with its Rules of Procedure and in accordance with established precedents. The Rules
of Court shall apply suppletorily.
SECTION 15. Period to Decide Cases - All cases must be tried and decided within forty (40)
days from filing of the initiatory pleading.
SECTION 16. 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 before the Judicial Board
shall require a simple majority of all those who participated in the trial and deliberations.
The Chief Magistrate shall not take part in the voting except to break a tie.
SECTION 17. Decisions - The conclusions of the Judicial Board in any case submitted 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 Board. A certification to this effect signed by the Chief
Magistrate shall be issued and a copy 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 Board without expressing therein clearly and
distinctly the facts and the law on which it is based. No petition 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 VII
COMMISSION ON ELECTIONS
SECTION 2.Scope - Decide all questions, contests or protests relating to the conduct 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 COMELEC shall be composed of a Chairperson and four (4)
Commissioners.
SECTION 4. Duties and Responsibilities - The COMELEC 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 or candidates and any other matter
directly related to the conduct of the elections;
2. Promulgate and enforce rules and regulations relative to the conduct of initiatives,
petitions, plebiscites and recall elections;
4. Appoint, at the start of the election period, as many deputies as the Commission may deem
it necessary for the purpose of ensuring orderly and credible elections. A deputy must be
a qualified voter known for his/her impartiality, probity, and integrity. No appointed
deputy shall participate in any partisan political activity. A deputy shall function under
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 against unnecessary politicking, divisive
campaigning and unreasonable spending of the candidates and/or parties, as well as limits
regarding the kinds, number and size of campaign materials;
6. Canvass the votes cast for Executive Board elections and proclaim the duly-elected
candidates;
7. To submit to the Executive Board and to any interested member of the Student Body a
detailed and comprehensive report on the conduct of each elections.
SECTION 5. Quorum - The COMELEC shall transact business in the following manner:
1. The COMELEC 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 which fall under the exclusive jurisiction of
COMELEC shall be decided en banc and shall be final and unappealable.
2. Three (3) 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 academic (4) terms, whichever 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.
SECTION 8. Prohibition- No Member shall form part of any political party or association which
promotes the same either directly or indirectly.
ARTICLE VIII
Accountability
SECTION1. Public Trust - The Office of the Law Student Government is a trust. LSG Officers
must serve the Student Body with utmost dedication and integrity.
SECTION 3. Grounds for Removal - The following grounds shall constitute as valid causes for
the removal of any student officer:
3. Gross immorality;
4. Any act involving moral turpitude as provided for in the Revised Penal
Code;
SECTION 4. LSG Officers Impeachment - The impeachment of LSG Officers excluding Judicial
Board Magistrates, shall be initiated by the filing of an action by any student with the Judicial
Board in accordance with its Rules of Procedure. In no case may an impeachment complaint be
initiated more than once per semester.