Article IX.

Enforcement

Section 1. Complaint or Petition for enforcement. A complaint may be filed by any student or group of
students invoking the Magna Carta when there is a prima facie finding of a violation thereof by a
member of the School Community.

A petition for enforcement may be filed by any student or group of students who wish to invoke
particular provisions of the Magna Carta, there being no palpable violation thereof by any member
of the School Community.

Section 2. Magna Carta Tribunal. A Magna Carta Tribunal shall receive complaints and petitions for
enforcement. The tribunal shall be composed of the College of Law Student Affairs or its equivalent.,
who shall be an ex officio member, a representative from the Law Student Government, a
representative from the teaching personnel, and a representative from the non-teaching personnel.

Section 3. Complaint; how commenced. A complaint or incident report in writing shall be submitted to the
College of Law Student Affairs or its equivalent.. It shall contain the acts committed, the specific
provision of the Magna Carta violated, and the identity of the defendant. Other pieces of evidence
supporting the allegations shall be attached to complaint or incident report.

Section 4. Response. Within five (5) working days from receipt of notice of the complaint filed against
him or her, the defendant shall submit a response in writing, serving a copy to the complainant.

Section 5. Finding of the Magna Carta Tribunal. Upon the finding of a prima facie violation, the Tribunal
shall recommend that the Dean issue a formal charge against the respondent/s. Otherwise, the
complaint shall be dismissed. In all cases, the Tribunal shall submit its report to the Dean or dismiss
the complaint within five (5) working days from the date it is convened.

Section 6. Hearing Committee; when constituted; composition. Upon recommendation of the Magna Carta
Tribunal to the Dean that a formal charge should be issued, the Dean shall constitute a committee for
the purpose of hearing the case. There shall be, at least, one member each from the student body, the
teaching personnel, and the non-teaching personnel.

The members of the hearing committee shall be obtained from a pool of nominees submitted by the
members of the Magna Carta Tribunal upon its constitution. They shall be formally appointed by the
Office of Dean. Failure of a hearing committee member to attend to his or her duties shall warrant
disciplinary action as determined by the internal rules of the Tribunal.

Section 7. Proceedings and prohibited actions. The Hearing Committee shall not be bound by technical rules
of evidence and all proceedings shall be summary in nature. The parties and their witnesses, if any,
shall submit affidavits subject to clarificatory questions by the hearing committee. The following
requests shall be prohibited:
a. extension of time to file an answer;
b. dismissal of the complaint;
c. re-opening of a case;
d. bill of particulars;
e. demurrer to evidence;
f. postponements/cancellation of hearings;
 g. reply/rejoinder;
h. intervention; and
i. new proceedings on the same case.

The hearings and all other meetings of the Hearing Committee shall proceed when a majority of the
members are present.

Section 8. Summons. Summons shall be issued to the respondent within five (5) working days from
constitution of the hearing committee with a copy of the formal complaint attached. Summons shall
be served personally, or through the head of the unit or department in which the respondent is
enrolled or employed.

Section 9. Answer. An answer in writing shall be submitted by the respondent within five (5) working
days from receipt of summons. A copy of the answer shall be furnished the private complainant.
Failure of the respondent to submit his or her answer within the period provided shall be deemed a
waiver of such right.

Section 10. Preliminary meeting. A preliminary meeting shall be set no later than five (5) working days
from receipt by the hearing committee of the answer or after the expiration of the period provided.
The failure of the private complainant to appear shall be cause for the dismissal of the case. The
failure of the respondent to appear shall be deemed a waiver of his or her rights in the preliminary
meeting. The preliminary meeting shall be mandatory.

Section 11. Submission of Position Papers. Within five (5) working days from the preliminary meeting, all
parties shall simultaneously file their respective position papers, attaching all pertinent affidavits, and
relevant records.

Section 12. Clarificatory Hearing. The Hearing Committee may conduct clarificatory hearings within
seven (7) working days from the submission of position papers. The conduct of hearings shall be
terminated within ten (10) working days from the first scheduled clarificatory hearing. If there is no
necessity to conduct a hearing, the case shall be resolved within (10) working days from the receipt of
the position papers.

Section 13. Decision by the Office of the Dean. Within ten (10) working days from receipt of the report,
the Dean shall render his decision which shall be final and executory seven (7) working days after the
parties receive a copy thereof. No motion for the reconsideration of the decision of the Chancellor
shall be allowed.

Section 14. Appeal to the Office of the School/University President. The decision of the Dean may be
appealed to the Office of the School/University President within five (5) working days from receipt
of the appealing party of a copy of the decision. In case the penalty imposed is expulsion or dismissal,
the appeal shall be automatic. No motion for the reconsideration of the decision of the
School/University President shall be allowed.

Section 15. Appeal to the Board of Regents/Directors. The decision of the University/School President
may be appealed to the Board of Regents/Directors within five (5) working days from receipt of the
appealing party of a copy of the decision. A motion for reconsideration may be filed within five (5)
working days from receipt of the decision of the Board. No subsequent motion for reconsideration
shall be allowed.

Section 16. Petition for Enforcement; how commenced; contents of petition. A petition for enforcement shall be
submitted to the College of Law Student Affairs or its equivalent. The petition shall state the particular
provision of the Magna Carta invoked and the positive duty specifically enjoined resulting from a
student right, alleging the facts with certainty, and praying for the consideration of the Magna Carta
Tribunal.

Section 17. Action on Petition for Enforcement. Upon consideration of the petition, the Magna Carta
Tribunal shall submit a report and recommendation to the Office of the Dean, who shall act upon
the petition within ten (10) working days. The decision may be appealed in accordance with the
procedures laid down for resolving complaints under this Article.

Section 18. Penalties for Violation. Any person who shall wilfully restrain, coerce, or interfere with any
student in the exercise of rights guaranteed by this Document, or shall in any manner commit acts or
omissions to defeat any of the provisions of the same shall, upon a finding of guilt by the Dean on
the basis of substantial evidence, be punished in accordance with existing administrative sanctions.

Filing a complaint under this Document shall not preclude the offended party from pursuing other
remedies available under the law and its implementing rules and regulations, and from invoking any
of the provisions of existing laws.

Article X. Final Provisions

Section 1. The Magna Carta shall be construed in favor of the students. Its provisions shall be self-
executing.

Section 2. If any provision of this act is declared invalid, the remainder thereof shall subsist.

Section 3. The provisions of this Magna Carta shall take effect in the regular semester after its
approval.

Section 4. The Magna Carta may be amended four (4) school years after the semester in which it has
taken effect, unless justifiable causes warrant amending it outside the prescribed timeframe. Any sector
of the College of Law, through its official representatives, may propose amendments through the Law
Student Council.

Section 5. The Board of Regents/Directors, as the highest policy-making body of the University, shall
be the final interpreter of the Magna Carta.