THE UNIVERSITY OF THE PHILIPPINES LAW STUDENTS CONSTITUTION1

PREAMBLE We, the students of the University of the Philippines College of Law, desirous to establish an autonomous student government that shall embody the highest aims and ideals of a free studentry, and in order to unite the students of the College, develop a responsible leadership and to promote the general welfare of the studentry, do hereby ordain and promulgate this Constitution. ARTICLE I THE LAW STUDENT GOVERNMENT Section 1. Composition. --- The Central Board and the Electoral and Judicial Tribunal shall be jointly known as the Law Student Government (LSG).2 Section 2. Constitutional Commissions. --- There shall be created the Academic Reforms Commission and the Bar Operations Commission.3 ARTICLE II FUNCTIONS, POWERS AND DUTIES OF THE LAW STUDENT GOVERNMENT Section 1. Functions. --- The Law Student Government shall promote the general welfare of the students and shall ensure the protection of their rights.4
1

The 2005 Constitution is entitled The Constitution of the Law Student Government, College of Law, University of the Philippines. The Commission felt the need to name the 2009 revision as found herein in order to more accurately reflect and unequivocally declare that this proposed Constitution is for and by all students in the UP College of Law, and that it encompasses functions extending beyond those of the LSG .
2

This sections counterparts are found in Art. I of the 2005 Constitution. In effect, it combines and amends Secs. 1 and 2 thereunder by naming and establishing the two bodies that compose the LSG.
3

This section is new. It mandates the establishment of two Commissions oriented toward scholastic, as opposed to extra-curricular, pursuits. These Commissions will function separately and distinctly from the LSG.

Section 2. Powers and Duties. --- The Law Student Government shall exercise those powers expressly granted and those necessarily implied therefrom. Pursuant to the performance of its functions, it shall be the duty of the Law Student Government to collect a fee of P 100.00 from each student every semester of enrollment, subject to adjustment by the Central Board at the end of every academic year when necessary and desirable.5 ARTICLE III THE CENTRAL BOARD6 Section 1. Powers and Functions of the Central Board. --- The Central Board shall have the following powers and functions: (1) To make policy decisions on matters affecting the students of the College; (2) To formulate and implement a general program of action for the current academic year; (3) To create executive committees, boards, and other bodies as are necessary to implement Law Student Government policies and programs; (4) To fully orient all incoming classes regarding this Constitution as well as the powers, duties and functions
4

This section improves on its 2005 counterpart, Art. II Sec. 1, by announcing a more general purpose for the LSG and allowing greater flexibility in the fulfillment of such. This is in line with the principle that a Constitution is a general expression of will rather than a specific elaboration thereof. Necessary particulars are more aptly left to the discretion of appropriate bodies upon the exercise of their duties. 5 This section defines, again in a broad sense, the powers and duties of the LSG. It is a new provision which at the same time assimilates and improves on Art. II Sec. 2 of the 2005 Constitution by (1) translating the erstwhile obligation to pay fees on the part of the students into an obligation to collect on the part of the LSG, (2) increasing the amount collectible, (3) clarifying that the CB has the power to adjust the amount stated therein, and (4) imposing a limitation on the exercise of such power, i.e., only when necessary and desirable, in order to prevent abuse.
6

This Article combines the essential provisions of Arts. III and IV (on the EB and the GA, respectively) of the 2005 Constitution in light of the merging of the functions of the GA and the EB. The wisdom behind this merger into a Central Board is to enhance efficiency, uniformity and accountability by consolidating policy-making and -implementing functions in a single body, thereby ensuring prompt and well-founded decisions and actions without fear of revocation, confusion or inconsistency. Under this proposed charter, the provisions of Art. III, Sec. 12 on standing committees in the 2005 Constitution is not reproduced, as the ARC will be converted into a Commission, and there is no need to provide for the National (now Public) Affairs Committee as a standing committee since its existence is impliedly mandated by Art. III, Sec. 6(4) herein. The same may be said of the STRAW Committee, and as for the Sports and Organizational Affairs Committees, implied recognition is found in Art. III, Sec. 9(2) hereunder. Since the functions of the Organizational Affairs Board under the 2005 Constitution will be transferred to the said Organizational Affairs Committee, Art. VI (on the OAB) therein has likewise not been reproduced. Finally, Art. IV (on the GA) of the 2005 Constitution has been omitted insofar as its provisions have become insignificant.

(5) (6) (7) (8)

(9) (10)

of the Law Student Government within the first month of every academic year; To represent the students in all matters affecting student rights and welfare; To issue any statement on behalf of the entire Law Student Government and for the benefit of the students of the College; To provide active support for the programs, projects and activities of the Constitutional Commissions; To sit as an impeachment body and to try and decide impeachment complaints against members of the Electoral and Judicial Tribunal and Commissioners of the Constitutional Commissions; To promulgate its own rules and procedure for the efficient and effective performance of its power and functions; and To exercise such other powers and functions as may be necessary and incidental to the exercise of the powers and functions herein conferred.7

Section 2. Composition and Membership. --- The Central Board shall be composed of a President, a Vice-President, a Secretary, a Treasurer, a Public Relations Officer, two Fourth Year Class Representatives, two Third Year Class Representatives, two Second Year Class Representatives, two First Year Class Representatives, and two Evening Program Representatives. The College Representative to the University Student Council shall have a seat in the Central Board ex-officio and shall be a voting member thereof.8 Section 3. Qualifications and Disqualifications. --- No student may file a certificate of candidacy and consequently be elected member of the Central Board unless he has obtained a general weighted average of at least 2.75 for the courses completed in the UP College of Law
7

This section substantially restates the enumeration of powers and functions of the EB in Art. III, Sec. 5, and of the GA in Art. IV, Sec. 5 of the 2005 Constitution. It deletes those which are redundant or have ceased to have significance due to the merger. Paragraphs (4), (6) and (7) are additional duties which the Commission deemed to be prudent impositions on the CB.
8

This section is a modified combination of the composition of the EB in Art. III, Sec. 1 and of the GA in Art. IV, Sec. 1 of the 2005 Constitution. While it adopts fully the present EB composition, it has replaced the GA membership from that of all block presidents or their representatives to two class representatives for each batch in the day program and two representatives for all students in the evening program. Nonetheless, these representatives will perform the substantial functions of their counterparts in the present GA. This modification is, in large part, a reaction to the abolition of the block system to begin implementation in AY 2009-10.

during the two semesters immediately preceding the election and he is not on probationary or delinquent status. Provided, that this requirement shall not apply to candidates who are first year students of the College. No member of the Central Board shall hold office as Chairman, Vice-Chairman or Councilor of the University Student Council, or as Editor-in-Chief of the Philippine Collegian, or as Corps Commander of the UP R.O.T.C., or as Chairman or Vice-Chairman of the Philippine Law Journal, or as member of the Jessup Moot Court Team, or as member of the Electoral and Judicial Tribunal, or as a Constitutional Commissioner without automatically forfeiting his seat in the Central Board. In case of automatic forfeiture, the member concerned shall be deemed resigned from his office without need of any further proceeding.9 Section 4. Manner and Date of Election. --- The President, VicePresident, Secretary, Treasurer and Public Relations Officer shall be elected at large by the students of the College in an election held for that purpose. Each Class Representative shall be elected by the members of his class enrolled in the Day Program, and each Evening Student Representative shall be elected by all students enrolled in the Evening Program, during the same election. Provided, that the elections for the First Year Class Representatives shall be held separately and within a period of seventy-five (75) to ninety (90) days from the first day of classes of each academic year. The election of members of the Central Board, except that of the First Year Class Representatives, shall be held simultaneously with the University Student Council elections, but in no case shall it be conducted beyond the second week of March every calendar year. Only currently enrolled students of the College of Law shall be allowed to participate and vote in the election. Expulsion, dismissal, withdrawal, leave or graduation from the College of Law shall mean an
9

This section improves on Art. III, Sec. 2 of the 2005 Constitution by (1) adjusting the prohibition regarding students with less than a 2.75 average from being elected to being barred from even filing a certificate of candidacy, to prevent wastage of resources and the possible exploitation of the electoral process, (2) changing the period during which the 2.75 average must be met from the previous academic year to the two semesters immediately preceding the elections, considering that the present requirement was blindly lifted from the Constitution in effect prior to 2005, under which elections were held at the start of each academic year, (3) the addition of membership in the Jessup Moot Court Team, the EJT and of sitting as Constitutional Commissioner as grounds for forfeiture of ones seat in the CB, in order to ensure that the attention, time and effort required by the CB is not compromised with respect to the Jessup Moot Court Team and that the independence of the EJT and the Constitutional Commissions is not prejudiced by simultaneous membership in the CB, (4) providing that such forfeiture is automatic and is tantamount to resignation, of which fact the EJT may take cognizance for the purposes of conducting special elections, and (5) removing the note on the qualifications of the College Representative, as such office is created by the USC Constitution, as a result of which the imposition of additional qualifications would be ultra vires.

automatic loss of all rights and privileges incidental to being a student of the College.10 Section 5. The President. --- The President shall have the following powers and duties: (1) (2) (3) (4) (5) To convene and preside over meetings of the Central Board; To direct the implementation of the programs and policies of the Law Student Government; To supervise the performance of the other officers of the functions given to them by this Constitution and the Central Board; To create, with the concurrence of the Central Board, committees necessary for the effective performance of the Boards functions; To appoint, with the concurrence of the Central Board, all heads of the executive committees, boards, and other bodies created by the Board, all student representatives to College and University bodies, unless otherwise provided, as well as to outside institutions; and To perform such other functions as may be necessary for the effective and efficient performance of the powers and functions of the Central Board.11

(6)

Section 6. The Vice-President. --- The Vice-President shall have the following powers and duties: To succeed the President in case of resignation, impeachment, disqualification or permanent incapacity of the latter to discharge his functions and duties; (2) To discharge the functions of the President in case the latter is absent or temporarily incapacitated; (3) To assist the President in supervising the other officers; (1)
10

This section combines Art. III, Secs. 3 and 4 of the 2005 Constitution and adjusts them accordingly with the structural changes herein. It also fixes the date of election for all CB members, except First Year Class Representatives, simultaneously with that of the USC for efficiency and in view of the current shift from manual to automated or electronic balloting. The cut-off date of the second week of March is prescribed in order to prevent a possible vacuum in the offices and to preserve a modicum of independence from the USC. Lastly, the period given for First Year Class Representatives is in consideration of the administrationimposed ban on freshman participation in extra-curricular activities for the first several weeks of each year and also to allow more time for the freshmen to gain familiarity with each other.
11

This section is a substantial restatement of Art. III, Sec. 6 of the 2005 Constitution, deleting therefrom those powers and duties which have lost significance due to the merger of the GA and the EB.

To act as chairperson of the Students Rights and Welfare Committee, the Public Affairs Committee, and/or other executive committees, boards, and other bodies so assigned by the President; (5) To render periodic assessment reports to the Central Board regarding the performance of its functions and the fulfillment of its duties; and (6) To perform such other functions as may be assigned to him by the President.12 (4) Section 7. Secretary. --- The Secretary shall have the following functions and duties: (1) (2) (3) (4) To keep a record of the proceedings of the Central Board; To keep a systematic and orderly file of all official records of the Central Board; To certify all acts of the Central Board, duly noted by the President; To disseminate information by posting notices and announcements and through other appropriate means necessary for the efficient and effective operation of the Central Board; To prepare and submit to the Central Board for its approval the annual Law Student Government Report at the end of the academic year and to post the same on the Law Student Government Bulletin Board for the information of the studentry; and To perform such other functions as may be assigned to him by the President.13

(5)

(6)

Section 8. Treasurer. --- The Treasurer shall have the following functions and duties: (1) (2) To direct the collection of all monies and fees accruing to the Law Student Government; To effect custody of the Law Student Government funds by depositing them in a duly established banking institution in the name of the Law Student Government;

12

This section also restates most of Art. III, Sec. 7, with the exception of the following changes: (1) the removal of the Bar Operations Committee from the Office of the Vice President, (2) the addition of the power and duty to chair the STRAW and Public Affairs Committees, and (3) the addition of the power and duty to render assessment reports to the CB.
1 13

This section is an almost verbatim adoption of Art. III, Sec. 8 of the 2005 Constitution, except for paragraph (4), which is a recognition of the advantages of technology in disseminating information.

(3) (4) (5)

(6) (7)

To prepare a budget proposal at the beginning of the academic year and to submit the same to the Central Board; To sign, together with the President, any disbursement of funds authorized by the Central Board; To prepare and submit to the Central Board, for its approval, a monthly financial report, and to post a copy of the financial report on the Law Student Government Bulletin Board upon reasonable demand; To propose, for the approval of the Central Board, viable projects and undertakings to generate funds for the use of the Law Student Government; and To perform such other functions as may be assigned to him by the President.14

Section 9. Public Relations Officer. --- The Public Relations Officer shall have the following functions and duties: (1) To represent the Law Student Government in all bodies, associations, federations and the like external to the College, except with regard to the University Student Council; (2) To act as chairperson of the Sports Committee, the Organizational Affairs Committee, and all other committees which may be constituted by the Central Board under his office; (3) To afford publicity due to all projects and activities of the Law Student Government; and (4) To perform such other functions as may be assigned to him by the President.15 Section 10. Class and Evening Program Representatives. --- The Class and Evening Program Representatives shall have the following functions and duties:

14

This section restates Art. III, Sec. 9 of the 2005 Constitution and adds the function and duty of submitting a budget proposal at the beginning of each year for more efficiency.
15

This section is an improvement of Art. III, Sec. 10 of the 2005 Constitution. The changes made are (1) the removal of the PROs functions and duties in relation to the different batches and the evening students as these now properly pertain to the Class and Evening Representatives, (2) the removal of the PROs function and duty of coordinating with the National (now Public) Affairs Committee which is no longer necessary as its chairpersonship will be transferred to the Vice President, (3) the addition of the function and duty of representing the LSG in external bodies, and (4) the addition of the function and duty to chair the Sports and Organizational Affairs Committees.

(1) To be responsible for the consultation with their respective constituents regarding activities and undertakings of the Law Student Government; (2) To bring to the attention of the Central Board the problems affecting their respective constituents and to recommend appropriate courses of action; (3) To act as chairpersons, upon appointment by the President, in the executive committees as may be constituted by the Central Board; and (4) To perform such other functions as may be assigned to them by the President.16 Section 11. College Representative. --- The College Representative shall exercise such functions and duties as prescribed in the University Student Council Constitution and such other functions as may be assigned to him by the President. Section 12. Meetings and Quorum. --- The Central Board shall meet in regular sessions at least twice a month on a day and hour to be fixed by the Board. It may also meet in special sessions called by the President or by one-third (1/3) of its members after written notice duly posted on the Law Student Government Bulletin Board. A majority of all the members of the Central Board shall constitute a quorum to transact business and the affirmative votes of a majority of the members present and constituting a quorum shall be sufficient to pass any motion, affirm a resolution and effectuate any business. The Board shall provide in its internal rules for the procedure to be taken in case of a tie.17 Section 13. Term of Office. --- Every member of the Central Board shall hold office for one academic year beginning on the last day of class of the academic year of their election and ending on the last day of class of the following academic year. Provided, that the First Year Class Representatives shall hold office from the date of their proclamation to the last day of classes of the same academic year. Provided further, that the term of office of the College Representative shall be determined by the Constitution of the University Student Council.

16

This is a new section. It obtains the pertinent powers, functions and duties of the PRO under Art. III, Sec. 10 of the 2005 Constitution, and of the block presidents and representatives under the GAs Internal Rules.
17

This section restates Art. III, Sec. 13 of the 2005 Constitution and in addition, mandates that a procedure be adopted by the CB in order to break a tie, considering its even-numbered composition and with the aim of preventing stalemates in and inaction by the CB.

Each member of the Central Board shall take the following oath on the date he begins to hold office: I do solemnly swear that I will faithfully and conscientiously fulfill my duties as ______________________, preserve and defend the Law Students Constitution, and consecrate myself to the service of my fellow students. So help me God. An oath-taking ceremony shall be held for this purpose on the last day of class of each academic year. The details of such ceremony shall be disseminated to the students at least one (1) week prior to the event. Any member who fails to attend the ceremony shall take his oath at a later date and in the presence of the sitting members of the Central Board.18 Section 14. Vacancies. --- A position shall be deemed vacant upon resignation, impeachment, permanent incapacity or disqualification of any member of the Central Board, or when such member otherwise ceases to be a student of the College. A member shall be disqualified upon dismissal, leave or suspension for more than thirty (30) days from the college. It shall be the duty of the Board to notify the Electoral and Judicial Tribunal of any vacancy within three (3) days from the happening thereof, except with respect to the College Representative, in which case such notice shall be communicated to the University Student Council. Any vacancy in the Central Board shall be filled by special election called by the Electoral and Judicial Tribunal for that purpose, which in no case shall be beyond thirty (30) days from its receipt of the notice of vacancy: Provided, that the person elected to fill the vacancy shall hold office only for the unexpired portion of the term of his predecessor. Provided further, that if it be the office of the President that is vacated, the Vice-President shall become the President to serve the unexpired term and the Electoral and Judicial Tribunal shall hold a special election to fill the office of the Vice-President. Provided finally, that if it be the office of the College Representative that is vacated, such office shall be filled in accordance with the Constitution of the University Student Council.19
18

This section improves on Art. III, Sec. 14 of the 2005 Constitution by (1) clearly defining the beginning and the end of a CB members term, with specific provisions in the case of First Year Class Representatives and the College Representative, (2) providing an oath to be taken by CB members upon assumption of office in order to emphasize the solemnity of their responsibilities and to reinforce their accountability to their constituents, and (3) providing for an oath-taking ceremony to celebrate and recognize the CB members election.
19

This section is an improvement of Art. III, Sec. 15 of the 2005 Constitution by (1) clearly defining the instances of vacancy, (2) imposing on the CB the duty of serving notices of vacancy to the EJT or the USC

Section 15. Impeachment. --- No member of the Central Board shall be removed from office except by impeachment for: (1) Willful violation of the Constitution or any major policy of the Law Student Government; (2) Gross neglect or dereliction of the Constitution or any major policy of the Law Student Government; (3) Any grave offense or misconduct which constitutes a violation of University and/or College rules punishable by suspension or expulsion from the University or College. Any currently enrolled student of the College of Law may file an impeachment complaint with the Electoral and Judicial Tribunal. However, no impeachment proceeding shall commence unless the complaint is signed by at least one-sixth (1/6) of all students of the College. No member of the Central Board shall be impeached except upon a vote of at least two-thirds (2/3) of all the members of the Tribunal en banc.20 ARTICLE IV THE ELECTORAL AND JUDICIAL TRIBUNAL Section 1. Powers and Functions. --- The Electoral and Judicial Tribunal shall have the following powers and functions: (1) To prepare and conduct any and all kinds of elections, plebiscites and referenda provided in this Constitution; (2) To exert all efforts to ensure a speedy, accurate and secure method for protecting the sanctity of the ballot, preferably through automated elections, among others;
as the case may be in order to prevent a vacuum in any office due to inaction on its part, although in case of automatic forfeiture such notice is not necessary for a special election and would be a simple formality, (3) imposing a period during which the conduct of special elections must be had to prevent a vacuum, and (4) clarifying the procedure to be taken in case of vacancy in the Office of the President and of the College Representative. 20 This section restates the grounds for impeachment found in Art. III, Sec. 16 of the 2005 Constitution. However, it alters the method for carrying it out due to the merger of the GA and the EB. The changes are: (1) the jurisdiction over such a proceeding now lies with the EJT, (2) any student may initiate the same, as a recognition that each CB member is accountable to all students of the college, but such a complaint must be signed by at least 1/6 of all students in the college, in order to avert an abuse or exploitation of this process, and (3) the requirement of a 2/3 vote by the members of the EJT in favor of impeachment, in order to better safeguard the CBs freedom from harassment and in recognition of the heavy presumption given to them by virtue of the popular vote.

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(3) To promulgate, enforce, and administer all rules and regulations relative to the conduct of an election, plebiscite or referendum; (4) To hear and decide election protests and controversies; (5) To hear and decide impeachment cases against members of the Central Board in accordance with this Constitution; (6) To hear and decide actual cases and controversies involving any violation of this Constitution, unless otherwise provided; and (7) To promulgate its own rules of procedure in the discharge of its powers and functions.21 Section 2. Composition and Membership. --- The Electoral and Judicial Tribunal shall be an impartial body composed of fifteen (15) permanent members: Provided, that in the first academic year immediately following the effectivity of this Constitution, the Tribunal shall be composed of only seven (7) permanent members. In no case shall a majority of the members belong to the same student organization, fraternity or sorority. Only members of the Administrative Group, as provided hereunder, having the qualifications and none of the disqualifications prescribed in this Constitution, may be candidates for membership in the Tribunal, which membership shall be acquired by a declaration of the Chairperson that a candidate has obtained the highest number of votes from the sitting members of the Tribunal on the basis of competence, integrity, probity and independence. Within fifteen (15) days from the last day of classes of the academic year immediately following the effectivity of this Constitution, the seven (7) members sitting in the Tribunal shall select the eight (8) additional members. The Tribunal shall serve with a full fifteen (15) seats thereafter. Any vacancy in the Tribunal by reason of resignation, disqualification, impeachment or permanent incapacity during the academic year shall be filled by its members in the same manner prescribed in the next preceding paragraph. Such vacancy must be filled within fifteen (15) days from the occurrence thereof, except during the thirty (30) day period immediately preceding the elections, in which
2 21

This section is based on Art. V, Sec. 6 of the 2005 Constitution. Improvements are made by (1) increasing the EJTs duty in paragraph (1) by specifying plebiscites and referenda, (2) imposing the duty of protecting the right to vote preferably through automation, (3) granting it power to hear and decide impeachment proceedings against members of the CB, and (4) granting it power to hear and decide actual cases and controversies as a recognition of the right of the students to insist on compliance by their leaders, representatives and fellow students with the provisions of this charter.

11

case the vacancy shall be filled only within fifteen (15) days from the conduct of elections.22 Section 3. Administrative Group. -- For the purposes of carrying out its functions, the Tribunal shall constitute an Administrative Group. The qualifications, requirements, terms and conditions for membership therein shall be prescribed by the Tribunal in its rules and regulations.23 Section 4. Qualifications and Disqualifications. --- No student may become a member of the Tribunal unless he has obtained a general weighted average of at least 2.75 for the courses completed in the UP College of Law during the semester immediately preceding his selection and he is not on probationary or delinquent status. Furthermore, no student shall be eligible for membership in the Tribunal unless he has been a member of the Electoral and Judicial Tribunal Administrative Group for an uninterrupted period of at least one (1) year immediately preceding his selection. Finally, no student may become a member of the Tribunal unless he submits a certification from the Student Disciplinary Tribunal that there is no pending administrative case against him and that such Tribunal has never rendered judgment finding him guilty of any violation of the Universitys student rules and regulations. No member of the Electoral and Judicial Tribunal shall hold office as Chairman, Vice-Chairman or Councilor of the University Student Council, or as Editor-in-Chief of the Philippine Collegian, or as Corps Commander of the UP R.O.T.C., or as Chairman or Vice-Chairman of the Philippine Law Journal, or as member of the Jessup Moot Court Team, or

22

This section has its counterpart in Art. V, Sec. 1 of the 2005 Constitution. Its provisions, however, are entirely divergent. The Constitutional Commission deemed it proper to redefine the EJT in order to enhance its authority, status, independence and prestige. The improvements in this section are: (1) changing the EJTs composition from block representatives to individual students of the College meeting the prescribed qualifications herein, mainly due to de-blocking and the paradox of impartial representatives, (2) changing the voting mechanism therefore from a per-block basis to individual voting, (3) limiting the seats in the EJT to 15 (only 7 in the first year following the effectivity of this Constitution) as opposed to a range of 19 to 57 presently, (4) requiring membership in the EJT Administrative Group as a precondition to eligibility for a seat in the EJT to ensure dedication to and familiarity with the functions of the EJT, (5) providing for the mode by which membership in the EJT is acquired, that is, through a majority vote of its incumbent members on the basis of competence, integrity, probity and independence, (6) providing for the method to be taken in case of vacancy, and (7) imposing a threshold number of members belonging to a common organization, fraternity or sorority in order to ensure freedom from bias and external control thereof.
23

This is a new provision establishing the Administrative Group, which is intended to satisfy the logistical and organizational demands of the EJT in the performance of its functions.

12

as member of the Central Board, or as a Constitutional Commissioner without automatically forfeiting his seat in the Tribunal. Should a member of the Tribunal at any time during his term join a student organization, fraternity or sorority so as to produce the effect that a majority of the members of the Tribunal belong to such organization, fraternity or sorority, the member who so joins shall automatically forfeit his seat in the Tribunal. In cases of automatic forfeiture, the member concerned shall be deemed resigned from his office without need of any further proceeding.24 Section 5. Forfeiture of Membership and Removal. --- The following are grounds for automatic forfeiture of membership in the Tribunal, by virtue of which the member involved shall be deemed resigned: Filing a certificate of candidacy for any position in the Central Board; (2) Membership in any Constitutional Commission; (3) Membership in any committee under the Central Board; or (4) Dismissal, leave or suspension for more than thirty (30) days from the College, or otherwise ceasing to be a student thereof; (1) A member may also be removed by impeachment, which impeachment may be initiated through a written complaint filed with the Central Board by any student enrolled in the College, upon the following grounds: (1) Willful violation of the Constitution or any major policy of the Law Student Government; (2) Gross neglect or dereliction of the Constitution or any major policy of the Law Student Government; (3) Any grave offense or misconduct which constitutes a violation of University and/or College rules punishable
24

This section has its counterpart in Art. V, Sec. 2 of the 2005 Constitution. However, the prescribed qualifications and disqualifications are widely expanded in line with the aim of enhancing the EJTs status and prestige. More stringent qualifications are herein adopted by (1) imposing the same minimum grade average as is required of members of the CB, as well as the same freedom from other extra-curricular commitments which may impede the performance of their duties, (2) ensuring the probity and integrity of its members by requiring SDT certifications for eligibility, (3) ensuring the competence of its members by requiring an uninterrupted one-year period of membership in the Administrative Group immediately prior to qualifying for eligibility, and (4) ensuring independence by providing for the automatic forfeiture of ones seat in the EJT upon breach of the threshold-membership rule.

13

by suspension or expulsion from the University or College. Additional grounds for impeachment shall be provided for by the Tribunals rules and regulations such as, but not limited to, any violation of its election rules.25 Section 6. Term of Office. --- Each member of the Tribunal shall hold office from the time he assumes the same until such member resigns, or is disqualified, removed by impeachment or permanently incapacitated.26 Section 7. Meetings. --- The incumbent Chairperson of the Tribunal shall, not later than the first month of the first semester of every academic year, convene a meeting for the purpose of electing new officers. The Tribunal shall thereafter meet in regular sessions at least once a month on a day and hour to be fixed by its officers. Every political party duly recognized by the Electoral and Judicial Tribunal and every independent candidate shall have the right to appoint one representative to sit in all meetings and deliberations of the Tribunal on all election matters. However, they shall have no voting rights. A political party fielding a set of candidates shall be automatically recognized by the Tribunal for purposes of this section.27 Section 8. Quorum. --- A majority of all members of the Tribunal present shall constitute a quorum to transact business and the affirmative vote of a majority of the members present and constituting a quorum shall be sufficient to pass any motion, affirm any resolution, or effectuate any other business. The Tribunal may promulgate rules for the formation of smaller collegial bodies made up of its members to decide cases and controversies regarding disqualification, electoral protests,
25

This sections counterpart is Art. V, Sec. 2 of the 2005 Constitution, with major improvements: (1) enumerating the grounds for automatic forfeiture of membership in the EJT, (2) enumerating the grounds for impeachment, which may be filed with the CB, and (3) requiring the EJT to enact additional grounds for impeachment, particularly with regard to its election rules.
26

This section has its counterpart in Art. V, Sec. 3 of the 2005 Constitution. It both reinforces the relative permanency of membership in the EJT and at the same time lists the grounds for losing the same.
27

This sections counterpart is Art. V, Sec. 4 of the 2005 Constitution, minus the rules with respect to the election and certification of representatives by each block. Furthermore, it is an improvement due to (1) the requirement of an election of officers during the first meeting of each year and (2) the requirement of regular monthly meetings. The second paragraph has actually been transposed from Art. V, Sec. 1 of the 2005 Constitution since Meetings is the more appropriate subject therefor.

14

impeachment and violations of this Constitution brought before it, appealable in all instances to the EJT en banc.28 Section 9. Officers. --- The Tribunal shall elect from among its members a Chairperson, a Vice Chairperson, a Secretary and a Treasurer. Each duly elected officer of the Tribunal shall serve as such from the time of his election until the Tribunals first meeting of the following academic year.29 Section 10. Powers and Functions of Officers. --- The officers of the Electoral and Judicial Tribunal shall have the following powers and functions: (1) The Chairperson shall: a. Preside over all meetings of the Tribunal; b. Supervise the performance of the other officers of the functions given to them by this Constitution and the Tribunal; c. Create committees necessary for the effective performance of the Tribunal; and d. Exercise such other powers inherent in his office and those necessary for the efficient and effective discharge of the functions of the Tribunal. (2) The Vice-Chairperson shall: a. Assist the Chairperson in the performance of his duties; b. Preside over meetings of the Tribunal in the absence of the Chairperson; c. Succeed to the position of Chairperson in case of the latters permanent incapacity, resignation, disqualification or removal; and d. Perform such other functions prescribed herein and those that be assigned to him by the Chairperson. (3) The Secretary shall: a. Keep a record of the proceedings of the Tribunal, and all petitions, documents, and papers submitted thereto; b. Certify all official acts of the Tribunal, together with the Chairperson;

28

This section is a substantial copy of Art. V, Sec. 7 of the 2005 Constitution, except that a majority of all members is now required to constitute a quorum in lieu of a majority of all blocks with members present, as is currently required, due to the change in its composition.
29

This section is a partial reproduction of Art. V, Sec. 5 of the 2005 Constitution in the sense that it enumerates the officers of the EJT. In addition, it prescribes the terms of their service in such capacities.

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c. Post notices, including those regarding rules or decisions of the Tribunal on the Law Student Government and Electoral and Judicial Tribunal Bulletin Boards, and otherwise disseminate information to the studentry, when necessary; and d. Perform such other functions as may be assigned to him by the Chairperson. (4) The Treasurer shall: a. Have custody of the funds of the Tribunal; b. Authorize, together with the Chairperson, any disbursement of funds duly authorized by the Tribunal; and c. Perform such other functions as may be assigned to him by the Chairperson.30 Section 11. Rules and Decisions. --- No rule or decision of the Tribunal shall be valid and effective unless in writing, duly certified that it was adopted with the requisite number of votes, posted on the Law Student Government and Electoral and Judicial Tribunal Bulletin Boards, and duly served upon all the parties concerned. Section 12. Allocation in Law Student Government Funds. --- The Electoral and Judicial Tribunal shall be entitled to an amount equivalent to 10% of the student fees collected, which amount shall be released by the Central Board to the Tribunal not later than thirty (30) days from the end of enrollment of each semester.31 ARTICLE V THE CONSTITUTIONAL COMMISSIONS32
30

This section is based on Art. V, Sec. 5 of the 2005 Constitution, but improves on the same by specifying and defining the respective powers and functions of each of the officers of the EJT.
31

This sections counterpart is Art. V, Sec. 9 of the 2005 Constitution. Its improvements are: (1) unqualifiedly entitling the EJT to a 10% share in the student funds collected by the CB instead of subjecting such share to the will of the CB and (2) requiring the release of such share within thirty days from the end of enrollment each semester.
32

This Article is new. It provides for the creation and establishment of two Constitutional Commissions, namely Academic Reforms and Bar Operations, with the favorable recommendation of former and present Vice Presidents/Bar Operations Committee Heads and the present ARC Chairperson. The purpose of this Article is to mandate the existence of these two currently existing bodies, which the Constitutional Commission has deemed to be vital and fundamental in protecting and promoting the scholastic interests of the students, without however subjecting such bodies to the control and influence of the LSG, as they are envisioned to best fulfill their mandates by being independent of the LSG and are recognized as having been created by the will of the student body itself, not simply by its leadership or representatives. Hence, these Commissions owe their duties directly to the student body as a whole instead of indirectly through the

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A. The Academic Reforms Commission33 Section 1. Powers and Duties. --- The Academic Reforms Commission shall serve as the student bodys voice in the Colleges formulation and implementation of academic and administrative policies and regulations. The Commission shall employ all necessary means for consolidating student concerns, and shall channel these concerns to the Law Student Government, to the student body in general, and to the College faculty and administration. It shall have the duty of conducting information campaigns for the studentry in relation to its functions and of ensuring transparency in the conduct of its functions by providing access to records within reasonable limitations. The Commission shall enact its rules and regulations governing membership selection, internal organization and other matters necessary and incidental to the implementation of its powers and duties. The Commission shall function independently of the Law Student Government, shall not be under its control or supervision, but shall regularly apprise and coordinate with the latter in respect of the performance of its duties. Section 2. Officers. --- The Academic Reforms Commission shall be headed by a Commissioner, appointed by the Law Student Government President, not later than the first month of the first semester of each academic year, from a list of at most three (3) member-nominees submitted by the members of the Commission through the incumbent Commissioner. The Commissioner shall then appoint a Deputy Commissioner and a Secretary from among the incumbent members. The terms of office of the Commissioner, the Deputy Commissioner and the Secretary shall be co-terminus with that of the Law Student Government President.

LSG. Their inclusion in this Constitution is primarily for institutionalizing their existence. Although the Commissioners are appointed by the LSG-CB President, he is permitted to appoint only from a short-list of nominees given by the incumbent members of each Commission since it is the latter who are in the best position to determine who is most deserving and capable of such office. Such Commissioners have also been made impeachable in order to ensure the proficient performance of their duties. Lastly, provisions on finances have been specified in order to address their specific pecuniary demands.
33

The Academic Reforms Commission will continue and further the work presently being done by the Academic Reforms Committee. General provisions are set forth herein.

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Section 3. Members. --- At least one representative from the evening students and from each class in the College shall be permanent members of the Commission, subject to removal in accordance with its internal rules. The Commission may provide for more members pursuant to its internal rules. Section 4. Impeachment. --- The Academic Reforms Commissioner may be removed by impeachment on any of the following grounds: (1) Willful violation of the Constitution or any major policy of the Law Student Government; (2) Gross neglect or dereliction of his duties. Removal by impeachment may be initiated through a written complaint, signed by not less than one-sixth (1/6) of all students of the College, filed with the Central Board by any currently enrolled student of the College. Should the Commissioner be removed by impeachment, the Law Student Government President shall appoint his successor in accordance with Section 1 hereof. Section 5. Allocation in LSG Funds. --- The Academic Reforms Commission shall be entitled to an amount equivalent to 5% of the student fees collected, which amount shall be released by the Central Board to the Commission not later than thirty (30) days from the end of enrollment of each semester. B. The Bar Operations Commission34 Section 1. Powers and Duties. --- The Bar Operations Commission shall serve as the student bodys centralized operations for providing holistic support to Colleges bar reviewees. The Commission shall employ all necessary means for formulating and implementing policies desirable for the convenience and benefit of such bar reviewees. It shall have the duty of creating revenue, organizing lectures, preparing materials and attending to other reasonable requirements in the aim of ensuring a successful examination for every reviewee. Its work shall be continuous and shall not be interrupted at any time during the academic year. The Commission shall enact its rules and regulations governing membership selection, internal organization and other matters necessary and incidental to the implementation of its powers and duties.
34

The Bar Operations Commission will continue and further the work presently being done by the Bar Operations Committee. General provisions are set forth herein.

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The Commission shall function independently of the Law Student Government, shall not be under its control or supervision, but shall regularly apprise and coordinate with the latter in respect of the performance of its duties. Section 2. Officers. --- The Bar Operations Commission shall be headed by a Commissioner, appointed by the Law Student Government President not earlier than the last day classes of the first semester nor beyond fifteen (15) days thereafter, except as otherwise provided hereunder. Such Commissioner shall be selected from a list of at most three (3) member-nominees submitted by the members of the Commission through the incumbent Commissioner not later than the last day of classes of the first semester of each academic year. Upon receipt of the list of nominees, the President shall obtain the concurrence of the graduating class by informing them of such nomination. Should a majority of the graduating class veto the nomination within the period of fifteen (15) days, the incumbent members of the Commission must elect another nominee within another fifteen (15) days, which nominee must be appointed by the President immediately, without any further proceedings. The Commissioner shall appoint a Deputy Commissioner, a Secretary and a Treasurer from among the incumbent members. The terms of office of the Deputy Commissioner, the Secretary and the Treasurer shall be co-terminus with that of the Bar Operations Commissioner. Section 3. Members. --- The Commission shall provide in its internal rules for the requirements and procedures for acquiring membership. It shall be the duty of the Commissioner, Deputy Commissioner, Secretary and Treasurer to ensure adequate and competent membership throughout each academic year by implementing effective recruitment programs as may be necessary. Section 4. Impeachment. --- The Bar Operations Commissioner may be removed by impeachment on any of the following grounds: (1) Willful violation of the Constitution or any major policy of the Law Student Government; (2) Gross neglect or dereliction of his duties. Removal by impeachment may be initiated through a written complaint, signed by not less than one-sixth (1/6) of all students of the College, filed with the Central Board by any currently enrolled student of the 19

College. Should the Commissioner be removed by impeachment, the Law Student Government President shall appoint his successor in accordance with Section 1 hereof. Section 5. Finances. --- The Bar Operations Commission shall have the right, power and duty to create, maintain and improve its finances separately from the Law Student Government and for this purpose, to open and maintain its own bank account, to solicit funding using the name of the Law Student Government with the latters approval, and to organize its own projects for the purposes of increasing revenue. ARTICLE VI TRANSITORY PROVISIONS Section 1. --- The incumbent General Assembly and Executive Board shall continue serving in their capacities until the last day of classes of the academic year during which this Constitution takes effect. Section 2. --- The incumbent Electoral and Judicial Tribunal shall continue serving in its capacity until the last day of classes of the academic year during which this Constitution takes effect. The outgoing Chairperson of the Tribunal shall, with or without the aid of a transitory committee, at her election, be charged with the responsibility of selecting seven (7) of its present members to sit as the permanent members of the Tribunal throughout the first academic year immediately following the effectivity of this Constitution. Such selection shall be declared on the day on which the outgoing Tribunal ceases to function. The seven (7) members so selected shall begin to serve as such on the same date. Section 3. --- The incumbent Organizational Affairs Board shall continue serving in its capacity until the last day of classes of the academic year during which this Constitution takes effect. After such date, the Central Board shall constitute the Organizational Affairs Committee, transferring thereunder the erstwhile functions of the Organizational Affairs Board. Section 4. --- The Academic Reforms Committee shall continue serving in its capacity until the last day of classes of the academic year during which this Constitution takes effect. On or before such date, the members of the Committee shall submit a list of member-nominees for the position of Academic Reforms Commissioner to the President in accordance with the provisions of this Constitution. Upon appointment by the President, the Academic Reforms Commission shall be constituted by the Commissioner. Unless otherwise provided in the 20

Commissions rules, the incumbent members of the Committee shall be carried-over as members of the Commission. Section 5. --- The National Affairs Committee shall continue serving in its capacity until the last day of classes of the academic year during which this Constitution takes effect. After such date, it shall be known as the Public Affairs Committee and shall be constituted in accordance with the policies of the Central Board. Section 6. --- The Vice President shall continue serving in her capacity as Bar Operations Head until a Bar Operations Commissioner is appointed. Within five (5) days from the effectivity of this Constitution, the Vice President shall submit the list of nominees to the President, who shall select and appoint one (1) nominee to such office within three (3) days from receipt of the list. The Commissioner so appointed shall serve in such capacity until the last day of classes of the first semester of the academic year immediately following the effectivity of this Constitution, in accordance with Article V Section B.2 herein. Upon appointment, the Commissioner shall immediately constitute the Bar Operations Commission. All monies, credits, documents and the like belonging to the Committee shall be fully turned over to the Commission within a period of thirty (30) days. Unless otherwise provided in the Commissions rules, the incumbent members of the Committee shall be carried-over as members of the Commission. Section 7. --- The Electoral and Judicial Tribunal shall conduct elections for the Central Board in accordance with this Constitution simultaneously with the University Student Council elections immediately following the effectivity of this Constitution. ARTICLE VII RATIFICATION AND AMENDMENTS Section 1. Effectivity. --- This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for that purpose. Section 2. Amendment or Revision. --- By a majority vote of all the members of the Central Board, any proposed amendment or revision of this Constitution shall be submitted to the student body of the College for ratification. Said amendment or revision shall take effect upon its

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ratification by a majority of the votes cast in a plebiscite held for that purpose.35

35

The submission of any proposed amendment or revision to the student body now requires the majority vote of the CB, instead of the majority votes of the EB and the GA in joint session for obvious reasons.

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