Professional Documents
Culture Documents
PREAMBLE
We, the students of the Xavier University – College of Law, desirous of establishing a student
council that will unite the whole College of Law studentry, promote and protect students’ rights
and welfare, and foster a collaborative relationship among the students and the other sectors
of society, following the vision of the College of forming lawyers for others, do hereby ordain
and promulgate this constitution.
ARTICLE I
GENERAL PROVISIONS
Section 1 This Constitution shall be known as the “Constitution of the Xavier University –
Association of Law Students”.
Section 2 This Constitution shall govern the Law Student Council in Xavier University –
College of Law.
Section 3 For purposes of this Constitution, unless the context indicates otherwise:
ARTICLE II
CONSTITUENCY
Section 1 All bona fide students of Xavier University – College of Law are constituents of
the XU – ALS; the term constituency shall refer to all students of the College.
Section 2 The XU – ALS shall derive its powers from its constituents.
Section 3 Membership in the Association shall be mandatory for all bonafide students of
Xavier University – College of Law.
Section 4 No student shall be deemed admitted into the College, unless the required
membership due has been paid. Such due shall be collected upon enrolment.
Section 5 The membership due stated hereof shall be determined and approved by the
majority of all elected XU-ALS officers based on what is reasonable under the circumstances
obtaining.
Section 6 Special assessments may be levied on members, by two-thirds (2/3) vote of all
the members of the Chamber of Councilors ratified by a majority vote of all the regular members
of the Executive Cabinet.
Section 7 The Treasurer or any appointed officer as unanimously approved by the XU-ALS
shall collect the dues and assessments. The XU-ALS may further request the office of the Dean
of the College to make the payment of such membership dues a requisite for approval of
student’s application for enrolment.
ARTICLE III
DECLARATION OF PRINCIPLES AND OBJECTIVES
1.1 That education is a constitutional right and therefore equal opportunities and
access to education be afforded to everyone,
1.2 That education should enhance creative and critical thinking and the ability to
make informed judgment, free of dogma and myths,
1.3 That the Xavier University - College of Law is an institution that must equally
relate its activities to the need and aspirations of the Filipino people. As such,
XU College of Law, being a topnotch academic institution in the legal
profession, should produce future lawyers that are responsive to the needs
and aspirations of Filipino communities especially in Mindanao,
1.4 That XU-ALS, in order to be genuine, must be responsive to the needs of the
studentry, and to this end should be representative, autonomous and
democratic.
2.1 Defend and promote the rights and general welfare of the College studentry,
2.2 Serve as an active forum for student ideas and sentiments;
2.3 Develop College spirit among the ranks of the students;
2.4 Uphold the ideals of the College geared towards ensuring a well-rounded
intellectual, social, cultural, and physical development for every student.
2.5 Develop social awareness and instill national consciousness among the
students;
2.6 Unite with the various sectors of society in the pursuit of common interests,
particularly in the establishment of a just and humane society;
2.7 Develop a sense of service and responsibility among the students for the
welfare of society;
2.8 Seek and engender educational changes for the full development of the
human potential, respond to social realities, and promote academic freedom.
ARTICLE IV
COMPOSITION OF XU-ALS
2.1 Only the President, Vice President, Executive Secretary, and Treasurer are elected
at large every academic year in accordance with the rules promulgated by the Electoral
Commission and the provisions of the Omnibus Election Code.
2.2 The Councilors shall be elected by their respective year levels. Two (2) councilors
shall be elected by each year level.
2.3 All other officer officers are appointed in accordance with Article V, VI, VII, and VIII
of this Constitution.
ARTICLE V
EXECUTIVE BRANCH
1.1 The executive powers of the ALS shall be vested in the Executive Cabinet.
1.2 The Executive Cabinet shall be the highest policy making body of the council
and shall be composed of duly elected members of the XU-ALS.
2.3 It shall have at least two regular monthly sessions, the date and time to be
agreed by the Executive Cabinet sitting en banc. In case of extreme necessity; however,
the President upon the request of at least 1/3 of the entire membership, may convene
the Executive Cabinet in a special session.
Section 2 Composition
Section 3 The Executive Cabinet shall have the following powers and responsibilities:
3.1 Coordinate and operationalize the program of action set by the XU-ALS
3.2 Formulate a General Plan of Action before the start of the academic year,
3.3 Shall submit the semestral budget for the operations of the XU-ALS in
accordance with its General Plan of Action to be approved by a majority vote of the
members of the Chamber of Councilors.
3.4 Formulate, revise and approve policies and programs of action of the XU-
ALS.
The President shall be the chief executive officer of the ALS. It shall be his/her duty to:
4.1 Act as the official representative of the XU-ALS in its relations with the administration,
the faculty, the public and with any other organization in and outside the campus,
4.2 Enforce the provisions of this Constitution,
4.3 Update the general membership of the status of the XU-ALS affairs periodically,
4.4 Act as the presiding officer of the Executive Cabinet during its regular and special
sessions,
4.5 Act as the presiding officer of the ALS constituency during any form of formal gathering
it conducts,
4.6 Shall be a signatory to all transactions, agreements or contracts entered into by the XU-
ALS in behalf of its general membership,
4.7 Shall appoint, immediately at the start of his/her term, the Chairmen of the executive
committees upon the recommendation of the Chamber of Councilors,
4.8 Create ad hoc committees and appoint the coordinator and members thereof, whenever
the need arises,
4.9 Create executive policies to facilitate the enforcement of the General Plan of Activities,
4.10 Shall have the sole authority to approve or veto any enactment, on valid grounds,
no later than 10 days after it has been passed by the Chamber of Councilors. A veto
may be overridden within five days by a vote of 2/3 of the Chamber of Councilors sitting
en banc and,
4.11 Perform such duties and performance of the functions of his/her office.
The Vice-President shall have the second highest seat in the Executive Cabinet. It shall be
his/her duty to:
5.1 Convene the Chamber of Councilors in at least one (1) regular monthly session,
5.2 Act as the presiding officer of the Chamber of Councilors in all forms of formal
gathering it conducts,
5.3 Assist the President in all matters where his/her assistance is required and,
5.4 Take over the function of the President, whenever his/her office is vacant by reason
of his/her death, resignation, removal, suspension, illness, absence, or physical or
mental incapacity or his/her failure to qualify for office.
Section 10 Only the Councilors shall be eligible to become Chairman of the committees of
the Executive Cabinet to be appointed by the President upon the recommendation of the
Chamber of Councilors. Within 15 days upon assumption into office, the Chamber of Councilors
shall submit to the President at least two candidates for Chairmanship of each Committee.
Section 11 Nomination of Chairmanship shall not be closed until there have been at least two
candidates named, except by an affirmative vote of a majority of the members of the Chamber
of Councilors present at the meeting. The President, however, may override the
recommendation of the Chamber of Councilors should there be justifiable reasons.
Section 12 The Chairman of each executive committee shall serve for one academic year
and until their successors have been duly appointed, except in the case of the chairmen of ad
hoc committees whose membership shall be coterminous with their term as chairman.
Section 13 Standing Committees other than those specified in this Constitution may be
created from time to time by the Executive Cabinet. Ad Hoc committees may be created by the
President.
Section 14 The Chairman of executive committees shall have the power to choose their
respective committee members.
Section 15 Vacancy
15.1 Any permanent vacancy in the office of the President shall be filled by the
Vice-President, provided that if the permanent vacancy occurs in the office of the Vice-
President for any cause or by reason of his/her assumption to the office as President,
the Chamber of Councilors shall elect among the councilors a new Vice-President.
The officers shall serve for a term of one year, which shall begin on the noon of the 31st day of
March and shall end at the same date the year after. The formal turn-over ceremony shall take
place within 15 days after the new President assumes office.
ARTICLE VI
LEGISLATIVE BRANCH
1.1 The Legislative powers of the ALS shall be vested in the Chamber of
Councilors.
Section 2 The Chamber of Councilors shall have the following powers and responsibilities:
2.1 Shall formulate a legislative agenda before the start of the academic year,
2.2 Shall formulate with the Executive Cabinet a General Plan of Activities before
the start of the academic year,
2.3 Shall submit to the President its recommendations for Chairmanship of the
different executive committees,
2.4 Shall pass all Chamber of Councilors bills to be enacted and resolved through
a simple majority vote of the members sitting en banc,
2.5 Shall be responsible for the appropriation and adjustments of funds of the
Executive Cabinet,
2.6 Shall be responsible for the direct implementation and monitoring of
provisions in the policy or programs affecting their respective year-levels, in close
coordination with the Executive Cabinet,
2.7 Shall exercise special powers individually or as a cluster, delegated to it by
the President for emergency situations requiring intervention outside the normal exercise
of their powers in the Chamber of Councilors and,
2.8 Shall certify that the law-based, cultural, religious, or any other recognized
student organization by the College of Law, or fraternity or sorority, meets the eligibility
requirements to be entitled to a seat in the Chamber of Councilors.
Section 3 The Chamber of Councilors shall be composed of the Vice President, eight (8)
Councilors, Legislative Secretary, and Sectoral Representatives.
Section 4 The Sectoral Representatives come from the law-based, cultural, religious, or any
other duly recognized organizations in the College, and from the fraternities and sororities in
the College. Each organization shall be entitled to one seat in the Chamber with voting rights.
Provided, however, that for the fraternities and sororities, they may only be entitled to a seat in
the Chamber when they have been in existence in the College for at least four (4) years having
at least twenty (20) members. The Chamber of Councilor shall certify any organization applying
for a seat in the Chamber of Councilors to be entitled to a seat thereof.
Section 7 All Financial records and liquidation reports of the Chamber of Councilors shall
be preserved and be open to the public in accordance with the law and be audited by the Office
of the Treasurer.
The officers shall serve for a term of one year, which shall begin on the noon of the 31st day of
March and shall end at the same date the year after. The formal turn-over ceremony shall take
place within 15 days after the new President assumes office.
ARTICLE VII
JUDICIAL BRANCH
The Judicial powers of the Central Student Government shall be vested in the
Supreme Court. Judicial power denotes also the obligation of the court to settle actual
controversies involving student rights which are demandable and enforceable, and to
ascertain whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch of the XU-ALS as mandated by the
Constitution.
Section 2 Composition
The Supreme Court shall be composed of a Chief Justice and the four (4) Justices of the
different year-levels. Each year level shall have one (1) justice.
Section 3 Appointment
3.1. The Chief Justice shall be appointed by the XU-ALS President of the outgoing
administration and subject to the approval of the outgoing Chamber of Councilors by a
majority vote.
3.2. The Justices shall be nominated by the respective incoming Councilors of each
year level to be approved by the incoming President.
4.1. The Supreme Court shall be responsible for the strict observance of this
Constitution in all levels of governance.
4.2 The Court shall enhance, support, and sustain the consciousness and
involvement of the College of Law studentry in the promotion and preservation of this
constitution.
4.3 The Court may conduct an independent inquiry on any petition questioning the
validity or constitutionality of any enactment passed by the Chamber of Councilors and
approved by the President.
4.4 The Court must conduct the inquiry within a period of fifteen (15) days, after which
it must furnish a written copy of its findings to the President. In cases where the Court finds the
petition result valid, it shall declare that the enactment is invalid or unconstitutional and shall
require the Chamber of Councilors to convene in order to review the enactment in question.
4.5 In cases of appeals, new evidence supporting such must be presented to the
Supreme Court before another inquiry may transpire. All petitions for reconsideration shall be
decided within 48 hours from the receipt of the copy thereof.
4.6 All issues involving the Constitutionality of an enactment, resolution, or decision
shall be required to be heard en banc, and be decided with the concurrence of a majority of the
Justices who took part in the deliberation on the issue and voted thereon.
4.7 The Chief Justice shall have no voting powers except when there is a tie in the
votes of the members.
Section 6 All financial records and liquidation reports of the Supreme Court shall be
preserved and be open to the public in accordance with the law, and such books
shall be audited by the Office of the Treasurer.
Section 7. Vacancy
7.1 Should there be a vacancy by reason of his/her death, resignation, removal,
suspension, illness, absence, or physical or mental incapacity or his/her failure to qualify for
office, the Chief Justice shall be succeeded by the most senior Justice. The latter’s position
shall then be filled by an appointee of the new Chief Justice within 15 days from the latter’s
assumption of office. The vacancy in the position of Justice shall be filled by an appointee of
the current Chief Justice.
The officers shall serve for a term of one year, which shall begin on the noon of the 31st day of
March and shall end at the same date the year after. The formal turn-over ceremony shall take
place within 15 days after the new President assumes office.
ARTICLE VIII
ELECTORAL COMMISSION
Section 1. The Electoral Commission.
There shall be an Electoral Commission (ELECOM) composed of a Chairman as appointed by
the President, and four (4) Members as appointed by the former.
Section 4. Vacancy
4.1 Should there be a vacancy by reason of his/her death, resignation, removal,
suspension, illness, absence, or physical or mental incapacity or his/her failure to qualify for
office, the Chairman shall be succeeded by the most senior ELECOM Member. The latter’s
position shall then be filled by an appointee of the new Chairman within 15 days from the latter’s
assumption of office. The vacancy in the position of the Member shall be filled by an appointee
of the current Chairman.
4.2 To determine the most senior ELECOM Member, the following are considered:
4.2.1 The most senior ELECOM Member is one who has the longest residency
among the four (4) Members;
4.2.2 If all Members have the same residency lengths, the one with the most
number of units in the current semester shall be the most senior;
4.2.3 If all Members currently have the same number of units in the current
semester, the one with the most units completed during his or her entire residency thus
far shall be the most senior;
4.2.4 If the same number of units has been completed by all the Members, the
one who is relatively the eldest among the Members shall be the most senior.
Section 6. Funding.
The funds declared by the ELECOM as necessary to defray the expenses for the holding of
regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided
in the semestral appropriations. Once approved by the Chamber of Councilors, the funds shall
be released automatically upon certification by the Chairman of the Commission.
Section 7 Term of office
The officers shall serve for a term of one year, which shall begin on the noon of the 31st day of
March and shall end at the same date the year after. The formal turn-over ceremony shall take
place within 15 days after the new President assumes office.
ARTICLE IX
QUORUM
Unless otherwise provided in this Constitution, a simple majority of the voting members shall
constitute a quorum for the transaction of business by the general members present and voting
at a meeting at which there lies a quorum shall be valid as an act of the entire body.
ARTICLE X
ACCOUNTABILITY OF OFFICERS
Section 1 XU-ALS officers must at all times be accountable to the members, serve them
with paramount dependability, honesty, loyalty, and competency, and do all with
justice.
Section 3 If the dropped member wishes to return, he or she should explain and justify his
or her side. With the affirmative vote of two-thirds of all the members of both the
Executive Cabinet and Chamber of Councilors, he or she can be reinstated into
the XU-ALS.
Section 4 Any member of the XU-ALS may be expelled or suspended, for any of the
following causes:
8.1. Expulsion of any official stated above may be proposed by any bona fide
student or group of students to the Chamber of Councilors.
8.2. The Chamber of Councilors shall initiate and conduct, within fifteen (15)
school days, any related inquiries for the expulsion case of the said
official.
8.3 Expulsion recommendation of the officer shall take effect after the
concurrence of a 2/3 vote of the members of the Chamber of Councilors.
Section 9 All parties involved shall be given a chance to be heard; evidence shall be
presented for the Court to decide on the merits of the case.
ARTICLE XI
BUDGET
Section 1 The general funds of the XU-ALS shall consist of student fees collected by the
administration during every regular registration period and shall be deposited in a special fund
in accordance with the university guidelines on budget and auditing rules and procedures.
Section 2 All money collected by authority of the XU-ALS for a special purpose shall be
treated as a special fund and shall be paid out for such purposes only. If the purpose of the
special fund created has been fulfilled or abandoned, the balance, if any, shall be transferred
to the general funds of the ALS.
Section 3 The Executive Cabinet shall formulate and adopt a budget, which shall embody
a work plan of programs and projects together with estimated expenditures for the incoming
year.
3.1 A copy of the budget shall be sent to the Chamber of Councilors for review
and approval who shall endorse the same with respect to the legality of projects and the
sufficiency of funds from student council fees.
3.2 No money shall be paid out of the funds of the ALS except in pursuance of an
appropriation authorized by the same.
Section 4 The balance of the ALS for a specific term shall be returned as the funds for the
net or succeeding term.
ARTICLE XII
AMENDMENTS
Section 1 Any amendments to, or revision of, this Constitution may be proposed by the
Chamber of Councilors or a Constituent Assembly, supported by at least ten
percent of the total student population of the College of Law.
Section 2 Any amendments to, or revision of, this Constitution shall be valid when ratified in
a plebiscite by a simple majority of the members of the College of Law studentry.
ARTICLE XIII
EFECTIVITY
Section 1 This Constitution shall take effect immediately upon its ratification in a College-
wide plebiscite called for this purpose, by a majority vote of all the votes cast by students
qualified to vote under the Omnibus Election Code. It shall take precedence over all XU-ALS
constitution in the College of Law.