CONSTITUTION OF THESAMAHAN NG MGA MAG-AARAL NG PAMANTASAN NG ATENEO DE DAVAO

2013 CONSTITUTION OF THEUNDEGRADUATE STUDENTS OF THE ATENEO DE DAVAO UNIVERSITYPREAMBLE

We, the undergraduate students of the Ateneo de Davao University, in order to establish an autonomous student government that shall promote academic excellence, spiritual growth and social involvement; defend our common interest; unite the student body and foster harmony in the Ateneo community, guided by its Mission and Vision, do ordain and promulgate this Constitution.ARTICLE I

GENERAL PROVISIONSection 1.

The Student Government of the Ateneo de Davao University Student Body, composed of all bona fide undergraduate students of the university, shall be known as Samahan ng mga Mag-aaral ng Pamantasan ng Ateneo de Davao or SAMAHAN.

Section 2.

This Constitution shall be known as the 2013 SAMAHAN Constitution which shall govern SAMAHAN.

ARTICLE IIDECLARATION OF PRINCIPLES AND OBJECTIVES

Section 1.

SAMAHAN believes that education must be liberating as a fundamental requirement to a scientific, nationalistic and socially-oriented educationSection 2.

SAMAHAN believes that the active participation of the students in running the student government is essential to good governance.

Section 3.

SAMAHAN believes that solidarity with other student governments, organizations and institutions, inside and outside the university, is vital in promoting the welfare and development of the students.

Section 4.

SAMAHAN recognizes the vital role of the students as agents of positive change in the University, and shall promote and protect their intellectual, spiritual, moral, physical and social welfare needs based on Atenean values.

Section 5.

SAMAHAN believes that different identities and activities of students must be recognized and tolerated unless they are contrary to law.

Section 6.

SAMAHAN shall adopt its internal rules of government, organize and coordinate activities that enshrine the Mission and Vision of the University and welfare of the students, represent and promote the interest of the students in major external student activities and policy-making bodies within the University, and have such powers appropriated by the University.

Section 7. SAMAHAN shall at all times strive to develop a studentry that is academically excellent, spiritually formed, and socially involved.

ARTICLE III

BILL OF RIGHTS AND RESPONSIBILITIES OF STUDENTS

Section 1.

Every student shall have the right to academic freedom and their pursuit of knowledge shall be protected and respected. No policy or program shall be passed violating the freedom of expression of students, as well as to the freedom of the press and publication. Public disgust or offense to a particular group shall never be a valid justification in limiting such right. Section 2.

Each student shall have the right to information, particularly, access to records, documents and papers pertaining to all student government activities, laws, transactions and programs. Students shall have the right to present their view, individually or collectively, to the appropriate body regarding any policy, program and decisions of the student government affecting their interests, rights, and welfare.

Section 3.

Every student must enjoy their freedom of religion and spiritual practice. No policy or program shall be passed abridging such rights. The students, therefore, have the right to an environment conducive for the celebration of differences of religious and spiritual practices.

Section 4.

No policy, program or action by SAMAHAN shall discriminate or cause stigma to students according to their, but not limited to, race or ethnicity, creed, gender, civil status, health status, among others.

Section 5.

Every student shall have the right to establish, join school organizations, and determine the essence and end thereof, as long as they comply with the specific requirements set by the constitution or by laws of these organizations.Section 6.

The right to due process of every student shall always be observed.

Section 7.

Each student shall have the right against excessive fees, exploitation, involuntary servitude, and cruel or unusual punishment.

Section 8.

Students have the right to check the performance of elected and appointed officers of the SAMAHAN with regard to the fulfillment of their sworn duties and responsibilities to the whole student body.

Section 9.

The abovementioned rights shall be protected and promoted, subject to the rules and regulations of the university and by the Philippine Constitution.

Section 10.

Every student shall observe the rules and regulations of the University and the provisions of this Constitution.

Section 11.

Each student must contribute in whatever legitimate ways to the betterment of the student government as well as support and cooperate with the programs initiated by the University and SAMAHAN, directed towards the fulfillment of the ideals of the University.

Section 12.

Each student must strive to achieve academic excellence and integrity.

Section 13.

Every student must always be guided that rights and privileges must be exercised responsibly.ARTICLE IV

CLUSTER EXECUTIVE GOVERNMENTS

Section 1.

(1) The undergraduate students the Ateneo de Davao University shall form their respective Cluster Executive Governments, based on the Academic Cluster of programs of the university. The Cluster Executive Governments (CEG) shall serve their collective interest, and shall coordinate with SAMAHAN in fulfilling the ends of student governance; yet shall enjoy autonomy in the management of their own internal affairs and in the implementation of their respective Cluster programs and activities.

(2) Each cluster shall be composed of all bona fide students that belong to the programs in the said Cluster.

Section 2.

The recognized Cluster Executive Governments of SAMAHAN are grouped under the different undergraduate Schools of the University. Recognized under the School of Arts and Sciences are the (1) Computer Studies Cluster, (2) Humanities and Letters Cluster, (3) Natural Science and Mathematics Cluster, and the (4) Social Sciences Cluster. Under the School of Business and Governance are the (5) Accountancy Cluster and the (6) Business & Management Cluster. Under the School of Education, School of Engineering and Architecture, and School of Nursing are the (7) Education Cluster, (8) Engineering & Architecture Cluster and the (9) Nursing Cluster, respectively.

Any change to the total number of clusters recognized by the University shall forthwith reflect upon their representation in SAMAHAN through Constitutional amendment(s).

Section 3.

The Cluster Executive Government shall be composed of a Governor, Vice-Governor, Secretary and Treasurer. All officers shall be elected by the bona fide students of each Cluster, for a term of one academic year.

Section 4.

The qualifications of each Cluster Executive Government officer are the following:

(1) Has a minimum load of at least 9 academic units for the semester in which the election is held and for the duration of the term.(2) Has no failing grades or grades a semester immediately preceding the Elections.

(3) Must not be a graduating student at the time of the election.

(4) Must have a QPI of at least 2.5 or its equivalent grade specified by the University.

(5) Must not be on disciplinary or academic probation at the time of election.

(6) A minimum residence of at least one semester as a member of the Cluster immediately preceding an election, except in the case of first year students.

(7) Must not hold any other office in the Student Government.

Section 5.

(1) Each Cluster Student Government shall be headed by a Governor.(2) The Governor shall be the chief executive officer of the Cluster Student Government. The Governor shall preside in the meetings of the Cluster Student Government. He will also represent the Cluster as a member of the SAMAHAN Central Board. The Governor shall also work closely with the Cluster Representative of the Council of Representatives to promote the Clusters interests to SAMAHAN.

(3) The Governor may create other offices necessary to discharge other functions needed by the Cluster. The officers of these said offices shall be appointed by the Governor. (4) The Governor must be an incoming third year, fourth year, or fifth year student at the time of the Elections.

Section 6.

(1) The Vice-Governor shall assist the Governor in the internal affairs of the Cluster Executive Government.

(2) The Vice-Governor shall take over the functions of the Governor whenever the latters office is vacant by virtue of temporary vacancy; or permanent vacancy through resignation, or removal and suspension from office.

(3)The Vice-Governor may perform such other functions as the Governor or the Cluster Executive Government may so direct.

Section 7.

(1) The Secretary shall be the principal administrative officer of the Cluster Executive Government.

(2) The Secretary shall be the chief custodian of all minutes, proceedings and documents of the Cluster Executive Government.

(3) The Secretary shall take charge of the information dissemination of all Cluster activities and programs to the students.

(4) The Secretary shall also be a part of the Executive Office of the SAMAHAN Secretary-General.

Section 8.

(1) The Treasurer shall act as the chief custodian of all funds for the Cluster Executive Government.

(2) The Treasurer shall prepare and submit the monthly liquidation report of the expenses and transactions of the Cluster to the SAMAHAN Treasurer.

(3) The Treasurer shall be a part of the Executive Office of the SAMAHAN Treasurer.

Section 9. (1) In case of permanent vacancy in any office of the Cluster Student Government officers, the Commission on Elections shall conduct a special elections to fill in the term of the vacated office.

(2) In case of permanent vacancy in the Office of the Cluster Vice-Governor, Secretary or Treasurer, the Cluster Governor shall appoint a temporary Vice-Governor ,Secretary or Treasurer ; which shall serve as such until a new Vice-Governor, Secretary or Treasurer is elected.

(3) In case of temporary vacancy in the Office of the Cluster Vice-Governor, Secretary or Treasurer, the Cluster Governor shall appoint a temporary Vice-Governor, Secretary or Treasurer. ARTICLE V

COUNCIL OF STUDENT ORGANIZATIONS

Section 1.

(1) The Council of Student Organizations (CSO) shall be composed of all recognized undergraduate student organizations of the University(2) It shall serve as platform for cooperation and development of all its member-organizations.

Section 2.

(1) The Council of Student Organizations shall enjoy autonomy from the SAMAHAN. It shall have its own structure of administration and internal procedures duly approved by its member- organizations.

(2). It shall recognize, coordinate and supervise the activities of all recognized school organizations with the Universitys Office of Student Affairs.

(3)It shall initiate and implement programs and activities in conformity with the needs and objectives of the organizations, as well as to that of the SAMAHAN and the University.

(4)It has the right to an appropriation of a fixed semestral budget which shall be used in the implementation of school activities or programs of the member-organizations.

(5) All member-organizations shall have their own Constitution and/or By-Laws, which shall govern their own internal affairs and procedures as organizations.

Section 3.

(1) The Council of Student Organizations shall have its own Executive Committee, wherein all of its members are the recognized undergraduate organizations of the University. Each member-organization shall have one representative to the Executive Committee; with the said representative being the highest-ranking officer or President of each member-organization.

(2) The Executive Committee shall decide upon all matters that will affect all organizations, be it a collective school activity or program. The Executive Committee shall meet at least once a month to discuss the programs and activities of the member-organizations. Section 4.

(1) The CSO Executive Committee shall be composed of the Chairperson, Deputy Chairperson, Secretary and Treasurer.

(2)They shall be elected during the first meeting of the Council of Student Organizations. Each officer shall have a term of one academic year.

(3)No CSO Executive Committee elections shall be held unless all member-organizations are represented.

Section 5.

(1) The Chairperson shall preside over all the meetings of the Council of Student Organizations. He shall also prepare the agenda prior to every meeting.

(2) The Chairperson shall also serve as an ex-officio Governor to the SAMAHAN Central Board to represent the collective interest of the entire Council of Student Organizations.

Section 6.

(1)The Deputy Chairperson shall serve as the presiding officer of the meetings of CSO in case of temporary vacancy or absence in the office of the CSO Chairperson.

(2) The Deputy Chairperson shall also serve as an ex-officio Representative of CSO to the Council of Representatives to represent the collective interest of the entire Council of Student Organizations.

Section 7.

(1) The Secretary shall serve as the chief administrative officer of CSO. He shall provide the minutes of all meetings of the CSO.

(2) The Secretary shall also be the chief information officer of CSO, tasked with disseminating information to all member-organizations regarding CSO meetings, activities and programs.

(3) The CSO Secretary shall serve as a member of the Executive Office of the SAMAHAN Secretary-General

Section 8.

(1) The Treasurer shall be the chief financial officer of CSO, tasked as the custodian of all CSO funds.

(2) The CSO Treasurer shall also serve as a member of the Executive Office of the SAMAHAN Treasurer.

Section 9.

In case of permanent vacancy to the office of the CSO Chairperson, Deputy Chairperson, Secretary and Treasurer, the CSO Executive Committee shall convene and elect the vacated position(s).

Section 10.

No law or policy passed by the Council of Representatives shall diminish or extend the powers and duties of the CSO.

ARTICLE VISAMAHAN CENTRAL BOARDSection 1. (1)The executive power shall be vested upon the SAMAHAN Central Board (SCB).(2) The SAMAHAN Central Board shall ensure that programs and policies of SAMAHAN are faithfully executed.Section 2.

(1)The SAMAHAN Central Board shall be composed of the President, Vice-President, Secretary-General, Treasurer, the Governors of each Cluster Executive Government, along with the Campus Student Organizations Chairperson as an ex-officio Governor.

(2)The President, along with the Vice-President, Secretary-General and Treasurer shall be elected by all the bona fide undergraduate students of Ateneo de Davao University for a term of one academic year.

Section 3.

The qualifications of each SAMAHAN Central Board officer are the following:(1) Has a minimum load of at least 9 academic units for the semester in which the election is held and for the duration of the term

(2) Has no failing grade or grades a semester immediately preceding the Elections.

(3) Must not be a graduating student at the time of the election.

(4) Must have a QPI of at least 2.5 or its equivalent grade specified by the University.

(5) Must not be on disciplinary or academic probation at the time of election.

(6) A minimum residence of at least one academic year immediately preceding an election, except in the case of the first year students.

(7) Must not hold any other elected office in the Student Government.

Section 4.

(1)The SAMAHAN President shall be the chief executive officer of SAMAHAN.

(2) He shall preside over all meetings of the SAMAHAN Central Board. He shall prepare the agenda for the SAMAHAN Central Board meetings.

(3) The President shall appear before SAMAHAN and present the SAMAHAN governments agenda for the academic year. The President shall do this presentation by addressing the student body through a State of the SAMAHAN Address, twice in one academic year, during the 2nd week of the start of each semesters.

(4)The President shall act as the official spokesperson of SAMAHAN. He has the power to appoint official representatives of SAMAHAN in University Committees, as well as representatives of the student government in activities inside or outside the university, where the student government is needed or requested to be represented.

(5) The power to sign documents in behalf of SAMAHAN belongs to the President.

(6)The President shall have the power to create and dissolve SAMAHAN Committees. These SAMAHAN Committees shall address a specific purpose or function for SAMAHAN, and the term of its members shall be co-terminus with that of the President. These SAMAHAN Committees must submit a semestral report of its functions or services to the SAMAHAN Central Board.(7) In case of permanent or temporary vacancy of the office of the President, The SAMAHAN Vice-President shall assume the powers and responsibilities of the President.

(8) The President is not eligible for re-election for the same position.

Section 5.

(1) The SAMAHAN Vice-President shall be the presiding officer of the SAMAHAN Central Board in case of absence or temporary vacancy of the SAMAHAN President.

(2) The Vice-President shall take over the functions of the SAMAHAN President whenever the latters office is vacant by virtue of permanent vacancy through resignation, or removal and suspension from office.

(3) The Vice-President shall perform other duties as directed to him by the SAMAHAN President.

(4) The Vice-President shall be the presiding officer of the SAMAHAN Council of Representatives, but shall not have voting power in the said branch of government unless in the case of breaking a tie in the voting procedures.

Section 6.

(1) The SAMAHAN Secretary-General shall serve as the chief custodian of all proceedings, documents and papers of the SAMAHAN Central Board.

(2) Assistance to the President on matters pertaining to the general administration of the SAMAHAN Central Board shall be rendered by the Secretary-General.

(3) All proceedings, documents and papers of the SAMAHAN Central Board shall be made accessible to the student body by the Secretary-General. This is by exhausting all means and strategies which are provided and are not contrary to SAMAHAN policies. Programs, activities and projects shall be made known as well to all of the student body. This shall be done by the Executive Office of the Secretary-General.

(4)The SAMAHAN Secretary-General, through his Executive Office, shall maintain and administer the SAMAHAN Journal, which shall serve as the official publication of the entire student government body.

Section 7.

(1) The SAMAHAN Treasurer shall serve as the chief custodian of the deposits, funds and records of expenditures of SAMAHAN.

(2)The semestral budget of SAMAHAN shall be prepared by the Treasurer.(3)The Treasurer shall render financial report and shall be forwarded to the appropriate University body and shall also be made accessible to the student body periodically or as specified by SAMAHAN policies.

(4) The review of financial reports of the SAMAHAN Treasurer, through his Executive Office, must be submitted to the SAMAHAN Commission on Audit periodically or as specified by SAMAHAN Policies. Section 8.

(1)In case of permanent vacancy in the office of the SAMAHAN Vice-President, Secretary-General, or Treasurer , the SAMAHAN President shall appoint an Officer in Charge from the Executive Office of the said officer, until a new SAMAHAN Vice-President, Secretary-General or Treasurer can be elected. The said Officer in Charge is eligible to run for the said position in the special elections. The Commission on Elections shall then hold special elections, ensuring that the new SAMAHAN Vice-President, Secretary-General or Treasurer is elected not more than 30 days after the vacancy.

(2) In such a case that permanent vacancy of the SAMAHAN Vice-President, Secretary-General, or Treasurer occurs within 60 days of the General Elections for the said position, The President shall appoint an Officer in Charge from the Executive Office of the said officer to serve for the unexpired term.

Section 9. The abovementioned powers and duties shall be exercised in harmony with the policies and standards set by the University.

ARTICLE VII

COUNCIL OF REPRESENTATIVESSection 1.

(1) Legislative power shall be vested upon the SAMAHAN Council of Representatives (CoR), except to the extent reserved to the student body by provision on initiative and referendum.

(2) The SAMAHAN Council of Representatives shall serve as the highest law- making body of

SAMAHAN.

Section 2. (1) The SAMAHAN Council of Representatives shall be composed of Representatives, one for each Cluster, who shall be elected by the bona fide students of their respective Cluster for a term of one academic year.

(2) The Council of Student Organizations Deputy Chairperson shall serve as an ex-officio Representative to the Council of Representatives, and shall enjoy the same duties and powers as to that of the Cluster Representatives.

(3) The SAMAHAN Vice-President shall serve as the Presiding Officer of the Council of Representatives, and shall represent the Council of Representatives to SAMAHAN, and to wherever its representation is needed or requested. The SAMAHAN Vice-President shall not have voting power unless in the case of breaking a tie in the voting procedures.

Section 3.

The qualifications of each Cluster Representative are the following:

(1) Has a minimum load of at least 9 academic units for the semester in which the election is held and for the duration of the term.(2) Had no failing grades a semester immediately preceding the Elections.

(3) Must not be a graduating student at the time of the election.

(4) Must have a QPI of at least 2.5 or its equivalent grade specified by the University.

(5) Must not be on disciplinary or academic probation at the time of election.

(6) A minimum residence of at least one semester as a member of the Cluster immediately preceding an election, except in the case of first year students.

(7) Must not hold any other office in the Student Government.

Section 4. (1)Formulation of general and specific SAMAHAN laws, programs and activities shall be made by the Representatives. This shall include the power to approve the Appropriations Bill prepared and submitted by the SAMAHAN Treasurer.

(2)The internal rules of procedure as well as, according to need, creation of internal committees shall be determined by the Representatives.(3)The Representatives shall publish their proceedings, the yeas and nays of all members and all that transpires in it, pending bills and all papers by coordinating with the Office of the SAMAHAN Secretary-General as well as by exhausting other legitimate and effective means to faithfully inform the student body.

Section 5.

(1) Decisions by the Representatives shall be deliberated upon, and approved in form of bills by way of majority vote. Bills passed shall embrace only one subject which shall be expressed in the title thereof.

(2)The Representatives may convene class members and/or representatives for consultation on pending bills and issues and for their recommendations and proposed legislations.

(3)No bill passed by the Representatives shall become a law unless it has passed at least one public reading, and copies of it in its final form have been distributed to the Representatives before its consideration. Upon the final reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays documented. The student body has to be informed about bills being deliberated by the Representatives.

(4)The SAMAHAN President shall sign bills approved by the Representatives before becoming a law or of SAMAHAN. The SAMAHAN President may veto bills and shall express his/her reasons before returning back the bill to the Representatives. The Representatives may override the veto by two-thirds vote to make the bill into a law. Also, if the SAMAHAN President does not act upon the bill within 30 regular school days, it shall automatically become a law.

Section 6. (1) The Representatives may, in aid of legislation, invite non-members to speak before the SAMAHAN Council of Representatives.(2) Sessions of the SAMAHAN Council of Representatives shall at all times be made accessible to the student body.

ARTICLE VIIIBOARD OF ADJUDICATORSSection 1.

The SAMAHAN Board of Adjudicators (BoA) shall be the judicial branch of SAMAHAN. It shall hear and resolve complaints involving the constitutionality, legality or jurisdiction of acts and policies by SAMAHAN officers; and determine 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 Student Government.

SECTION 2.

The SAMAHAN Board of Adjudicators shall have appellate jurisdiction to review, revise, reverse, modify, or affirm on appeal or writ of error, as the law or the rules of court may provide, final judgments and decrees in all election cases by the COMELEC before it may be raised to the Office of Student Affairs.Section 3.

(1)The SAMAHAN Board of Adjudicators shall be composed of nine Adjudicators, in proportion to the number of recognized Clusters in the University. (2) Each Cluster must have a representative to the Board of Adjudicators. Each adjudicator shall serve for a term of two academic years without reappointment.(3) Any vacant Adjudicator position must be filled in through an appointment made by the SAMAHAN President, from a list of at least three nominees submitted by the Cluster Governor of the affected Cluster.

(4) The individual term of an Adjudicator shall start on or before the new set of elected SAMAHAN Officers are proclaimed during the General Elections.

Section 4.

The qualifications of each Adjudicator are the following:

(1) Has a minimum load of at least 9 academic units for the semester in which the election is held and for the duration of the term.(2) Has no failing grades a semester immediately preceding the Elections.

(3) Must not be a graduating student at the time of the election.

(4) Must have a QPI of at least 2.5 or its equivalent grade specified by the University.

(5) Must not be on disciplinary or academic probation at the time of election.

(6) A minimum residence of at least one semester as a member of the Cluster immediately preceding an election, except in the case of first year students.

(7) Must not hold any other office in the Student Government.

(8) Must not be a member of any recognized collegial political party

(9) Must have not been a candidate during the General Elections prior to appointment.

Section 5.

(1)The Adjudicators shall elect among themselves a Chief Adjudicator who shall preside over all proceedings, and shall represent the Board of Adjudicators to SAMAHAN, and to wherever its presence or representation is needed. (2)The Chief Adjudicator shall not lose voting power.

(3) The Chief Adjudicator shall have served a minimum of one academic year, except when all eligible adjudicators decline for such position, or when no such adjudicator has served a minimum of one academic year.

Section 6.

(1) The SAMAHAN Board of Adjudicators shall sit en banc, hear, try and resolve by majority vote, any complaint involving the constitutionality, legality, or jurisdiction of the acts, laws, and resolutions of SAMAHAN. The decisions must be published in the SAMAHAN Journal.

(2) The SAMAHAN Board of Adjudicators shall summon, order the investigation of suspension, and impeachment or recall SAMAHAN officers; reprimand or cite in contempt any SAMAHAN officer. (3) The SAMAHAN Board of Adjudicators can override and reject the appointments made by the other members of the Student Government, if the said appointees do not meet the qualifications written in the Constitution or as provided by laws and policies.

(4) The SAMAHAN Board of Adjudicators shall provide opinion or decision upon request by entities outside its jurisdiction over specific cases and issues given its consent.

(5) The SAMAHAN Board of Adjudicators shall meet as often as necessary to discharge its functions and adopt its own Code of Internal Procedures, including Rules of Court. Section 7.

Should any Adjudicator be the subject of an impeachment complaint, he or she must take a leave of absence before any investigation of the complaint is conducted. The SAMAHAN Council of Representatives shall initiate impeachment proceedings on the adjudicator(s) concerned and resolve the matter upon a majority vote.Section 8. No decision shall be rendered by the court without expressing therein clearly and distinctly the facts and the law on which it is based. The decision with the facts and the law on which it is based must be published in the SAMAHAN Journal.

Section 9.

The SAMAHAN Board of Adjudicators shall have the power to promulgate rules concerning pleading, practice and procedure in its court. All existing laws on pleading, practice and procedure are subject to alteration and modification by the SAMAHAN Board of Adjudicators.

ARTICLE IX

EXECUTIVE OFFICES AND CONSTITUTIONAL COMMISSIONSEXECUTIVE OFFICES

Section 1.

(1) Executive Offices shall assist the SAMAHAN President, Vice-President, Secretary-General and Treasurer in the discharge of their functions. They may also serve the purpose of executing other powers and duties of SAMAHAN as provided by SAMAHAN policies.

(2)The SAMAHAN President, Vice-President, Secretary-General and Treasurer shall be the head of their respective Executive Offices. Section 2.

(1) The Executive Office of the SAMAHAN President shall be composed of three to nine appointed officers. Each officer of the said Office shall perform a separate task to discharge the specific functions of the President.

(2) The power to appoint and remove each officer belongs to the SAMAHAN President.

Section 3.

(1) The Executive Office of the SAMAHAN Vice-President shall be composed of three to nine appointed officers. Each officer of the said Office shall perform a separate task to discharge the specific functions of the Vice-President.

(2) The power to appoint and remove each officer belongs to the SAMAHAN Vice-President

Section 4.

(1) The Executive Office of the SAMAHAN Secretary-General shall be composed of the Secretaries of each Cluster Executive Government, along with the Secretary of the Council of Student Organizations.

(2) The Executive Office shall perform the information dissemination of all SAMAHAN and Cluster activities or programs to the whole student body.

(3) The Executive Office shall maintain the administration of the SAMAHAN Journal, which shall serve as the official publication of the student government.

Section 5.

(1) The Executive Office of the SAMAHAN Treasurer shall be composed of the Treasurers of each Cluster Executive Government, along with the Treasurer of the Council of Student Organizations.

(2) The semestral budget of SAMAHAN must be prepared by the SAMAHAN Treasurer along with the members of his Executive Office.

CONSTITUTIONAL COMMISSIONS

A. Commission on Elections

Section 6.

(1) The Commission on Elections of the Ateneo de Davao University shall serve as the official electoral arm of SAMAHAN charged with the administration and facilitation of the SAMAHAN elections, plebiscites and referenda.

Section 7.

(1)It shall be composed twelve to fifteen Commissioners who shall select among themselves a Chairperson. The Commissioners must not be or must not have been affiliated with any collegial political party. Also, no student can be a Commissioner if he holds any position in the Student Government.

(2) COMELEC Volunteers may be recruited by the Commission to help discharge its functions during elections.

(3) Any vacant position of a Commissioner shall be filled in by an appointment made by the remaining Commissioners through a majority vote from a list of COMELEC Volunteers.

Section 8.

(1) The Commission on Elections shall enforce and administer over all policies and regulations on matters pertaining to candidacy, campaign, elections, plebiscites, referenda and recall relative to SAMAHAN.

(2)The Commission on Elections shall organize and facilitate the conduct of SAMAHAN Election Debates (3)The Commission on Elections shall exercise exclusive jurisdiction following due process over all questions, contests and appeals pertaining to the candidacy, campaign, elections, plebiscites, referenda and recall relative to SAMAHAN.

(4)The Commission on Elections decisions, final orders or rulings over questions, contests and appeals shall be final and executory; appealable only to the SAMAHAN Board of Adjudicators.(5)The Commission on Elections shall be granted access, during the election period, to all lines of communication to the student body held by SAMAHAN for purposes limited to promotion and information dissemination.

Section 9.

A free, open and fair multi-party system shall be allowed to evolve according to the free choice of the students.

Section 10.

(1) The election of SAMAHAN President, Vice-President, Secretary-General and Treasurer; Representatives and officers of the Cluster Executive Governments shall be conducted concurrently on the fourth week of January or at any other date not later than a month after.(2) The Commission on Elections shall govern the conduct of election by other elective positions as provided by SAMAHAN policies.

Section 11.

SAMAHAN shall always guarantee a fixed semestral budget to the Commission.

B. Commission on Audit

Section 12.

(1)The Commission on Audit shall have the power, authority and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to SAMAHAN, or any of its branches, offices, or committees, and on a post-audit basis: all of which are required to submit to such audit as a condition of subsidy or equity.

(2)It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.(3) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties.

Section 13.

(1) The Commission on Audit shall be composed of a Chairperson and four Commissioners, who shall be bona fide students of the university and, at the time of their appointment, at least a third year student, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall a Commissioner or Chairperson hold another position in the student government.(2) The Chairman and the Commissioners shall be appointed by the SAMAHAN President for a term of one academic year without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 14.

No law shall be passed exempting any entity of student government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 15.

The Commission shall submit to the SAMAHAN President and the appropriate University body, within the time fixed by law, an annual report covering the financial condition and operation of SAMAHAN and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.Section 16.

SAMAHAN shall always guarantee a fixed semestral budget to the Commission.ARTICLE XACCOUNTABILITY OF SAMAHAN OFFICERS

Section 1

The officers of the SAMAHAN Central Board, the SAMAHAN Council of Representatives, the SAMAHAN Board of Adjudicators, the Council of Student Organizations, Cluster Executive Governments and the Constitutional Commissions shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, bribery, or other misdemeanors undermining the integrity of SAMAHAN.

Section 2.

Any officers of the SAMAHAN Central Board, the SAMAHAN Council of Representatives, the SAMAHAN Board of Adjudicators, the Council of Student Organizations, Cluster Executive Governments and the Constitutional Commissions shall automatically be removed from office through these grounds:(1) Incurring at least one failing grade during the first semester of his term.(2) Failing to reach at least a QPI of 2.5 or its equivalent grade specified by the University on the duration of the term.

(3) Incurring a disciplinary or academic probation during the term(4) Having a load of less than 9 academic units during the term. (5) Failing to follow and comply with the internal procedures of their specific branch of the student government.Section 3.

Any Cluster Representative to the Council of Representatives and officer of the Cluster Student Government shall automatically be removed from office by a virtue of a petition for resignation filed to the Board of Adjudicators by any Student, having the signature of at least 50% of the whole Cluster student population. Section 4.

(1) The SAMAHAN Board of Adjudicators shall have the sole power to try all impeachments not involving a fellow member. No person on either SAMAHAN Central Board or SAMAHAN Council of Representatives shall be convicted without the concurrence of a majority of all the members of the SAMAHAN Board of Adjudicators.

(2)Should any member of the SAMAHAN Board of Adjudicators be filed an impeachment case, the SAMAHAN Council of Representatives shall have the sole power to try all impeachments involving any member of the SAMAHAN Board of Adjudicators. No person in the SAMAHAN Board of Adjudicators shall be convicted without the concurrence of a majority of all the members of the SAMAHAN Council of Representatives.

Section 5.

Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office under the SAMAHAN student government. The officer convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to the policies of the University or the laws of the Republic of the Philippines.Section 6.

(1) No impeachment proceedings shall be initiated against the same official more than once within a period of one semester.

(2)Every bona fide student of the University, including those serving the student government, shall have the right to file a case for expulsion or suspension from office against any SAMAHAN officer. They shall be filed to the SAMAHAN Board of Adjudicators which shall have the sole authority to investigate, try and decide over such cases, following due process.

(4)The adjudicating body shall inform the Office of Student Affairs about the case being filed, tried and decided. Suspension shall not exceed beyond 60 days.

(5)An expelled or removed officer shall not have the right to run for office or apply for service to any of the positions in the student government.ARTICLE XI

FINANCE AND BUDGET

Section 1.

The general funds of SAMAHAN shall consist of student fees collected by the University, excess funds and from legitimate fund-raising activities.

Section 2.

(1) SAMAHAN shall formulate and adopt a budget presenting a work plan of programs and projects together with estimated expenditures for the incoming semester. It shall be prepared by the SAMAHAN Treasurer through his Executive Office, with the cooperation of other SAMAHAN Officers, subject to review and endorsement by the SAMAHAN Council of Representatives and must be signed by the SAMAHAN President.

(2) A copy of the proposed budget shall be sent to the Office of the University President or to the office or person authorized by the University President for their information.

Section 3.

The SAMAHAN Treasurer, through his or her Executive Office, shall submit all recorded expenditures of SAMAHAN to be sent to the SAMAHAN Commission on Audit.ARTICLE XIIAMENDMENTS OR REVISIONSSection 1.

(1) An amendment to or revision to this Constitution may be proposed by the students to the Council of Representatives by way of student initiative upon a petition of at least five percent of the student population.

(2) Amendments to or revisions to this Constitution may also be proposed by the SAMAHAN Council of Representatives via majority vote of all its members. The proposed amendment or revision shall be published to SAMAHAN Journal or through any effective medium for public information and shall be put to public hearing open to all students of the University at least 15 days before being put to a plebiscite.

Section 2.

In the process of deliberation, the SAMAHAN Council of Representatives may form bodies composed of students who can render valuable contribution to the determination of the amendment or revision.Section 3.

(1) An amendment or revision must require a majority vote of the undergraduate students of the Ateneo de Davao University for it to be ratified; provided that at least 60% of the student population cast their votes.

(2) The Commission on Elections shall administer the plebiscite and shall inform as well the Office of Student Affairs with the proposed amendment or revision to the Constitution.(4) Plebiscite shall be held not earlier than 15 days nor later than 20 days upon the approval of the proposed amendment. No plebiscite shall be held unless during regular school days of the first or second semester.ARTICLE XIITRANSITORY PROVISIONSSection 1.

The first General Elections of the SAMAHAN President, Vice-President, Secretary-General and Treasurer; members of the SAMAHAN Council of Representatives, and officers of the Cluster Executive Governments shall proceed not later than a year after the ratification of this Constitution.

Section 2.

The incumbent SAMAHAN Central Board officers shall continue to exercise their powers until their term has ended, as provided by the previous constitution.Section 3.

(1) After ratification of this constitution, members of the old and new governments shall convene and discuss the issues, programs and activities and legislative agenda for the new government to consider.

(2) All documents, properties and information must be rightfully transferred to the new government as soon as possible.

Section 4.

Members of the 2013-2014 SAMAHAN Constitutional Commission who are candidates for graduation shall select the first members of the SAMAHAN Board of Adjudicators immediately after ratification.

Section 5.

(1) Upon the effectivity of this Constitution, the Council Student Organizations shall immediately convene in a general assembly to discuss the changes in their internal procedures based on this Constitution.

(2) The Commission on Election shall submit to the SAMAHAN Council of Representatives the proposed Election Code for ratification through a majority vote of the members of the Council of Representatives before the 2nd semester of academic year 2014-2015.

(3) The student body shall be faithfully informed with the process of deliberation until ratification of these documents.

(4) The incumbent members of the Student Government under the previous Constitution shall continue in office until the end of their term, and shall continue to carry the functions provided from the said Constitution.

Section 6.

(1) This Constitution shall take effect immediately upon its ratification through a plebiscite by a majority of the undergraduate students of the Ateneo de Davao University, provided that at least 60% of the student population cast their votes. Upon ratification, this constitution shall supersede all previous Constitutions or similar thereof used by the student government.

(2)The Chairperson of the 2013-2014 SAMAHAN Constitutional Commission shall provide the President of the Ateneo de Davao University a copy of the Constitution after its ratification as well as the incoming SAMAHAN President after the first General Elections.

(3)The foregoing proposed Constitution of the Samahan ng mga Mag-aaral ng Pamantasan ng Ateneo de Davao was approved by the 2013-2014 SAMAHAN Constitutional Commission by the Commissioners whose signatures are hereunder affixed. 2013-2014 SAMAHAN Constitutional CommissionCel Lord DelabahanChairperson

Reindel Floresca Rogelio Adlawan Jr.Accountancy Division School of Engineering and Architecture

James Harvey Paragili Roselle CanalesBusiness & Management Division Social Sciences Division

Jenny Lozano Cel Lord Delabahan School of Nursing Office of the SAMAHAN Secretary-General

Georgi II Sacramento Stephanie Publico Computer Studies Division Office of the SAMAHAN President

Diann Kathelinn Tado Beverly NavalesHumanities and Letters Division Office of the SAMAHAN Treasurer

Sarah Reyes Dexter VillarosaNatural Science and Mathematics Division General Assembly of Class Presidents

Mikaela Barroga Cavin Jhon Cabarlo School of Education Campus Clubs and Organizations

Syed Sayre Marian MicianoFirst Year Students Commission of Elections

Alexca Callao & Avon Sinajon Chuck Torre & Benjie MartinezCommissioner Emerita Commissioner Emeritus32