2012 proposed csg constitution

7/31/2019 2012 Proposed CSG Constitution

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We, the undergraduates1 of Xavier University- Ateneo de Cagayan, with the guidance

of the Almighty God, in order to build a dynamic and pro-active Xavier University

community of academically excellent, socially committed, and spiritually mature

students2, upholding our inherent right to establish an autonomous student

government that shall safeguard our dignity, promote our welfare, unite the student

body, uphold our academic freedom and inspire us to be builders of peace for theIsland of Mindanao and the greater community3, do hereby ordain and promulgate

this constitution.

ARTICLE I

NAME AND SEAL

Section 1. The student government established under this constitution shall be known

as the Central Student Government of Xavier University Ateneo de Cagayan. For

purposes of tradition and brevity, it shall be referred to as XU CSG.

Section 2. The Central student Government acknowledges its roots on three

leadership aspects of Academic Excellence, Patriotism and Ignatian Spirituality. The

blue background encircled with dots represents the harmonious collaboration with the

College Students Councils, which is the lifeblood of the CSG. The sun against the blue

shield is adopted from the Philippine flag, which embodies the nationalistic aim for

sustainable development and peace. The eagle, plume and book of St. John the

Evangelist characterize the Atenean value for Academic Excellence. The wolves and a

pot (lobos y olla) on a red-gold-striped background represent the core values of

leadership grounded on the life of St. Ignatius of Loyola. Superimposed at the center

of the seal is the cross, denoting its regard towards a Christ-centered governance and

open to Inter-religious and cultural dialogue. These altogether are the guidingprinciples of the CSG for good governance: Ignatian-based, grounded on Atenean

tenets, Christ-centered and responsive to the needs of the students.4

ARTICLE II

THE STUDENT BODY

Section 1. All undergraduate5 students of Xavier University Ateneo de Cagayan

regardless of citizenship or academic status are members of the student body which

is the constituents of the XU CSG.

ARTICLE III

DECLARATION OF PRINCIPLES

1This proposed constitution limits its coverage only to undergraduate students to be true to its representative

system2

This is in accordance with the 3 Cs (competence, conscience, commitment)3 This is in reference to being peace builders in this Island where peace remains a core issue4 Retained5

Bona-fide is eliminated since it connotes an exclusive qualifier. Bona-fide connotes being enrolled in full units.


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Section 1. The XU-CSG is the sole autonomous and highest student government of

Xavier University. Its officers shall represent its constituents in all university bodies

and other association. Its authority emanates from and is ultimately accountable to

the Student Body.

Section 2. The XU-CSG is a democratic and republican government founded onpopular participation, transparency, accountability, student empowerment, synergy

and collaboration with other units of the university and other bodies.

Section 3. The XU-CSG shall pursue the awareness, implementation and enforcement

of the Magna Carta of Students Rights and Responsibilities in all phases of its affairs

and operation.

Section 4. The XU -CSG shall protect and advance the students right to quality

Ignatian education through an active participation in curriculum and methodology

development, academic policy making and enhancement of support initiatives.

Section 6. The XU-CSG shall provides basic student services that address the

students varied academic and non-academic needs through direct assistance and

welfare programs and feedback the quality of school services and facilities to the

administration.

Section 7. the XU-CSG shall nurture and support student organizational development

and enhance student leadership opportunities through strategic linkages,

organizational support and development.

Section 8. the CSG strengthens and opens opportunities for student socio-political

engagement that contributes to the transformation of Mindanao and the rest of the

country through political education, environment stewardship and community

development.

Article IV

THE EXECUTIVE DEPARTMENT

THE PRESIDENT

Section 1. The executive power shall be vested in the President of the CentralStudent Government.

Section 2. No person may be elected6 President unless he is a bona fideundergraduate college student of Xavier University, has good moral character7, has

established a residency in the University of at least One Semester immediately

preceding the semester of the election, has not been held on academic probation and

6 Elected at large7 This includes not being penalized by suspension in this university or his/her previousuniversity.


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has a year of residency for the following academic-year upon the day of the filing of

candidacy. He must not hold any position in any other student councils or

organization upon assumption to the Presidency.

Section 3. The Powers and Responsibilities of the President:

A. Shall act as the official representative of the XU-CSG in its relationswith the administration, the faculty, the public and with any otherorganization in and outside the campus.

B. Shall enforce the provisions of this constitution.C. Shall update the Student Body of the state of the XU-CSG periodically.D. Shall have the sole authority to approve or veto any enactment, on

valid grounds, no later than 10 days after it has been passed by theSenate. A veto may be overridden within five days by a vote of 2/3 ofthe Senate sitting en banc.

E. Shall be responsible for the implementation and evaluation8 of anyenactments he/she approves.

F. Shall exercise special powers that are conferred to him/her by theSenate, for emergency situations requiring immediate interventionoutside the normal exercise of the presidential powers.

G. Shall appoint, immediately at the start of his/her term, the heads ofthe executive units and the Student Rights and Welfare ChiefCommissioner, to be confirmed by the Directorate. The executive headsand the commissioners shall co-terminate with the President. Shouldthere be vacancies in the executive departments and the StudentsRights and Welfare Commission the President shall appoint officers to

hold the positions, provided that there is no direct successor to the saidcommission or department seats.

H. Shall act as the presiding officer of the executive units and theconstituency during any form of formal gathering it conducts.

I. Shall convene the Executive Coordinating board within twenty-five daysfrom the beginning of the term of office

J. Shall be a signatory to all transactions, agreements orcontracts entered into by the XU-CSG in behalf of student body withexternal entities9, upon the concurrence of at least a simple majority of

the members of the Directorate sitting en banc.

8 Implementation and evaluation involves the whole project or program management process.This is different from the function of the legislature which is to oversee if such managementprocess is in line with the declared policies by the senate as approved by the President.9 These contracts, transactions, or agreements refer only a transaction with persons, juridical ornatural outside the jurisdiction of the university. The agreement is considered null and void unlessauthorized by the directorate with a simple majority


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K. May create Departments, Offices or Committees at the start of histerm which will implement and coordinate all plans and policies enactedby the Directorate and approved by the President.

L. Shall appoint a Head of the Office of Budget and Finance or anequivalent in the Executive Units with the confirmation of the Senate

M. Shall submit the names of the persons he/she wishes to appoint asHeads of the different Executive Units to the Directorate for confirmationno later than 15 days after assuming office.

N. May create special committees to respond to certain pressingconcerns that need to be addressed immediately.

O. Shall submit to the Directorate within forty days from the opening ofevery regular session, as the basis of the general appropriations bill, abudget of expenditures and sources of financing, including receipts fromexisting and proposed revenue measures.

P. Shall address the Directorate at the opening of its regular session. He

may also appear before it at any other time.

THE EXECUTIVE SECRETARY

Section 4. An Executive Secretary shall be appointed by the President to be confirmedby the Directorate. He shall have the same qualification as the President whom hispower is solely derived from.

Section 5. The Powers and Responsibilities of the Executive Secretary:

A. Shall directly assist the President in the management of theaffairs pertaining to the Executive function of the Central Student

Government

B. Shall implement presidential directives, orders and decisions

C. shall monitor the day to day operations of the ExecutiveDepartment

D. Shall facilitate in the formulation of the GPOA of the ExecutiveDepartment with the Directorate at the beginning of the term of office.

E. shall enforce all provisions of the Executive Policies

F. may create administrative policies and protocols which willfacilitate the smooth flow of various office transactions

G. may endorse certain Executive Policies as proposed by theDepartment Secretaries and Committee Heads

THE VICE PRESIDENT


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Section 6. There shall be a Vice-President who shall have the same qualifications andterm of offices and be elected with and in the same manner as the President. He maybe removed from office in the same manner as the President.

Section 7. The Powers of the Vice President:

A. Shall exercise the powers and duties of the President during hisabsence, removal, resignation, incapacity or death.

B. Shall begin to convene the Directorate no later than fifteen (15) daysupon assuming office.

C. Shall be the presiding officer of the Directorate in all forms offormal gathering it conducts.

D. Shall act as the official liaison of the Directorate to the President,Supreme Constitutional Court and the executive units.

THE DEPARTMENTS, OFFICES AND COMMITTEES

Section 8. A Department is a unit in the Executive Department created by thePresident with the concurrence of the majority of the Directorate as a functional

entity that focuses on and addresses specific concerns and needs of the StudentBody.

Section 9. The Department shall be accorded effective autonomy in the specificformulation, implementation, and evaluation of their general plan of action andinternal rules of procedure in accordance with the established policies of theExecutive Department.

Section 10. An office is a unit in the Executive Department created by the Presidentas a functional entity that develops and enforces a support system for theformulation, implementation and evaluation of the plan of action of the Departments.

Section 11. A committee is a unit in the Executive Department created by thePresident as a functional entity created to address a specific but temporary concernor need of the Student Body.

THE EXECUTIVE COORDINATING BOARD

Section 12. The Executive Coordinating Board shall be composed of the President,the Vice-President, the Executive-Secretary, the Presidents of the College Council,and all the Heads of the Executive Offices, Departments, or Committees of theExecutive Department of the Central Student Government. The President shallpreside the over the boards proceedings. The Executive Board may promulgate itsown internal rules of procedure. 10

Section 13. The Executive Coordinating Board shall convene monthly or as often asnecessary to monitor the proper coordinating and scheduling11 of the plan of action of

10 Since the ECB is for coordination purposes only, There is no need to impeach officers purelyfor being absent in ECB meetings. Absenteeism in the ECB, which is part and parcel of anofficer's duties, may however be used as aggravating circumstances in impeaching an officer11 This body is merely a coordinating and scheduling body. This body does not make decisionsbut rather functions both for inter-unit consultation and to coordinate the various activities of


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of the term of office which states the estimated expenditures of eachunit or branch of government. It maybe subsequently adjusted uponrequest of the unit or branch concerned only through an enactment. Ifthe Senate fails to pass the appropriations bill, the appropriations bill ofthe previous academic year shall be deemed re-enacted and shallremain in force and effect until the general appropriations bill is passed

by the Senate.15

D. Shall be responsible for the direct monitoring16 of the implementationof provisions in the policy or programs affecting their respective collegecouncils, in close coordination with the executive units.

E. Shall exercise special powers individually or as a cluster, delegated toit by the CSG President for emergency situations requiring interventionoutside the normal exercise of their powers in the Senate.17

F. Shall be responsible for the confirmation of the appointments of theheads of the executive units.18

G. Shall appoint an audit commissioner for the incoming CSGadministration.

H. Shall be responsible in conducting all investigations19 necessary forthe cases of the Senate. Investigations shall take place immediatelythereafter the receipt of the complaint and shall present itsfindings and recommendations in a written report to the SupremeConstitutional Court no later than fifteen (15) school days upon thestart of the investigation. The Directorate may conduct a publicinvestigation as it may deem necessary.

I. Shall appoint Student Representatives from the members of the Senate

to the standing administration committee.

Section 5. Sectoral Representation

A. The Senate shall provide for a system20 of sectoral representation whereby

organized student groups who are least represented21 and engage in an

15 Having a general estimate of expenditures per unit or branch of government is set as aminimum standard by the constitution. It allows the Senate to provide for a law thatenumerates the steps in the creation of an appropriations bill.16 This is the oversight power of the Senate which means they can call on the departments tocorrect certain actions if they deem it necessary through a resolution or investigation.17 This power should not abrogate its inherent legislative responsibilities18

This requires the approval of a simple majority. If an appointee is not approved by theSenate, all his actions are null and void. The President should look for another replacement orappeal to the Senate. They are confirmed through a resolution approving such appointment.19 The Senate also inherently possess the power to summon students and student officialsexcept the President and the Justices of the Supreme Court, this is flowing from the principleof respect for a co-equal branch of government.20 The constitution thus mandates the Senate to pass a law defining the mechanism for theoperationalization of the sectoral representatives.21 This requires that in order for a sector do be recognized, they have to be organized and theyare in a position where it has varied and legitimate concerns but lacks immediate means to


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activity unique from the entire student body are given seats in the Senate to

ensure proper and effective representation of their sectors in the student

governments affairs. The Senate shall provide criteria and qualifications for

recognition22 and shall keep an official roster of duly recognized sectoral

representatives which should not be more than half of the number of Senators.

B. The Senate reserves the right to determine which student sector are to begranted voting rights. Furthermore, it reserves the right to withdrawrecognition of the same with due process.23

Section 6. Assembly of Year Level Representatives

A. There shall be an Assembly of Year Level Representatives within each College

Council structure which is composed of elected year-level representativeswhose powers, responsibilities, and structure be further defined by the localgovernment code.

B. Each Senator shall convene the assembly of Year Level Representatives oftheir respective College within 20 days from the beginning of their term toformulate policy agenda for the consideration of the Senate and the CentralStudent Government.

C. Each Assembly of Year Level Representatives shall conduct regularconsultation sessions open to their constituents and the general public.

Section 7. Enactments and Senate Bills

A. Every enactment shall be an extension to the law.

address these concerns to the administration. This may include scholars, extra-curricularorganizations, student assistants, athletes, students with special needs and other sectors tobe determined by law.22 It is inherent that the requirements for recognition should be in line with the vision andprinciples of the Central Student Government23 This allows flexibility in terms of allowing new sectors into the senate as well as withdrawalwhen the senate sees that such sector has no need for representation in the senate. All shouldbe conducted with due process.


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B. Every bill, to be enacted or resolved, passed by the Senate shall embrace

only one subject which shall be expressed in the title thereof.

C. Resolutions shall be made to serve purposes of single academic year

tenure while enactments, unless amended, shall be permanent provisions of

the law.24

D. Every Bill shall be signed by the CSG President for approval. Otherwise,

he/she shallveto it and may be overridden within five (5) days after the veto

by a vote of at least 2/3 of the Senate, sitting en banc.If the President fails to

sign or communicate his veto within 30 days, the enactment shall become a

law as if it had been signed.

E. No bill shall become enacted unless it passes three readings on separate

days, and printed copies thereof must be distributed to all the members of the

Senate a day before its passage, except when the Executive President certifiesthat it is necessary to expedite the immediate enactment to meet an

emergency.

F. Upon the third and final reading of any bill, no amendment thereto shall be

allowed. And the vote, thruyeas and nays and the affixation of signatures

thereon, shall be logged in the journal immediately thereafter. Enactment and

Resolution policies and guidelines shall be determined further by the Senate.

Section 8. No law shall be made to increase the appellate jurisdiction of the

Supreme Constitutional Court as provided in this charter without the concurrence orits advice.

Section 9.The heads of the departments may initiate, with the consent of the

Executive President, or upon the request of the Directorate, to appear before and

be heard by the body on any matter pertaining to their departments. Should there

be imminent queries, written questions must be submitted to the Convener at least a

day before the scheduled appearance. The questioning is not limited to the written

questions; interpellations shall be honored as long as it covers matters related

thereto.

Section 10.The members of the Directorate shall serve for a term of one academic

year, which shall begin on the noon of the 31st day of March and shall end at

the same date the year after.

24 The constitution makes a distinction between a resolution and a law. A resolution is merelya declaration of the body on policies; it has no force of law.


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ARTICLE VI

THE STUDENT SUPREME COURT

Section 1.The judicial power of the Central Student Government shall be vested inone Student Supreme Court. Judicial power includes the obligation of the court tosettle actual controversies among students involving student rights25 which aredemandable and enforceable, and to ascertain whether or not there has been a graveabuse of discretion amounting to lack or excess of jurisdiction on the part of anybranch of this Student Government as mandated by the Constitution.

Section 2. Composition

A. The Supreme Constitutional Court shall be composed of a Chief Justice and aone Justice from each of the College Council

B. The Chief Justice shall be appointed by the XU-CSG President of the outgoingadministration and subject to the approval of the Senate

C. The Justices shall be appointed by their respective College Council Presidentsto be approved by their respective Central Committee or its equivalent.

D. The Supreme Constitutional Court shall have a secretary, appointed by theChief Justice and shall keep a record of its proceedings.

25 The Court can only acquire jurisdiction when all the parties involved are students or studententities and which the controversy is arising from provision/s of the CSG constitution, theMagna Carta of Students Rights and Responsibilities, CSG laws or policies


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E. The Supreme Constitutional Court shall have a treasurer, appointed by theChief Justice, and shall be responsible over financial records and liquidationreports.

Section 3. Qualifications

A. No person shall be appointed to the Court as a Justice unless he/she is a bonafide student of Xavier University for at least two (2) semesters, not acandidate in any elective position prior to his appointment, and must not beon academic or disciplinary probation.

B. The Chief Justice and the Justices must be of proven capacity, integrity,probity and independence.

C. Prior to the confirmation of the appointment of the Chief Justice or justices,they must be able to pass an exam conducted by the outgoingmembers of the court or any member of court of the previous administrations.

Section 5.Powers and Responsibilities

A. To sit en banc, hear, try and resolve by a simple majority of the Justices whotook part in the deliberation on the issue and voted thereon within fifteen days,any complaint26 involving the constitutionality, legality or jurisdiction of theacts, policies and enactments of any official or unit of Central StudentGovernment as well as violation of student rights.27

B. The Supreme Constitutional Court shall be responsible for the strict observanceof this Constitution in all levels of governance.

26 The Court can only acquire jurisdiction on a controversy when there is a complaint filed andsuch complaint are held to be sufficient in form and substance.27 A complaint is needed to enable to Court to commence the trial and acquire jurisdiction tosettle the controversy.


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C. To summon Central Student Government officials or members of the studentbody.28

D. To independently recommend the suspension, expulsion, non-graduation orother disciplinary action to the University Discipline Committee or itsequivalent for students it has found guilty of any impeachable or recallableoffense or violation of student rights.29

E. To reprimand or cite in contempt any Central Student Government official orentity30

F. The Court shall enhance, support, and sustain the consciousness andinvolvement of the XU students in the promotion and preservation of thisconstitution.

G. In cases of appeals, new evidence supporting such must be presented to theStudent Supreme Court before another inquiry may transpire. All petitions forreconsideration shall be decided within 48 hours from the receipt of the copythereof.

H. The Chief Justice shall have no voting powers except when there is a tie inthe votes of the members.

I. The Assistant to the Chief Justice, if any, also shall have no voting powers.He/she shall act and assume the responsibilities of the Chief Justice only duringhis or her absence.

J. To promulgate rules concerning the protection and enforcement of academicrights, pleading, practice, and procedure. Such rules shall provide a simplified

28 The Court can summon any student to testify for a trial or to aid in the making of therecommendation for the university discipline committee29 A complaint is not needed (thus the modifier independently) to enable the Court to submitits recommendation. It can do so on its own course and investigation.30 The Court can do these actions without the need of a complaint when such actions are in itsface a violation of the law. This is an inherent power of the court anchored in self-preservation.


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procedure for the speedy disposition of cases and shall not diminish, increaseor modify academic rights.

Section 7. The Prosecution Panel

A. The Supreme Court shall appoint at least six (5) prosecuting officers who shallhave the same qualification and requirements as the Justices.

B. The prosecutors shall select among themselves the chief prosecutor who shalloversee all actions and affairs of the panel.

C. The prosecutors may independently research and investigate matters that aredeemed pertinent in order to respond to a request for inquiry by the ChiefProsecutor or by any student upon submission of a petition for investigation.

D. Upon finding probable cause of a violation of the provisions of the constitution,enactments or policies, the prosecutor shall file a complaint before the StudentSupreme Court

E. Shall prosecute the defendant

F. Shall do other duties that are deemed necessary by his/her superior in order tofulfil the functions delegated to the prosecution panel by the Student SupremeCourt

Section 8. All FinancialRecords and Liquidation Reports of the SupremeConstitutional Court shall be preserved and be open to the public in accordance withthe law, and such books shall be audited by the Commission on Audit.

Section 9. The members of the Judiciary shall serve for a term of one academic year,which shall begin on the noon of the 31st day of March and shall end at thesame date the year after.


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ARTICLE VII

THE COLLEGE COUNCILS

Section 1. The College Councils shall be the local-level student government for eachof the undergraduate Colleges of the University

Section 2. The respective College Councils shall enjoy their autonomy in the areasconcerning traditional college activities, internal operations, finances and

membership.

Section 3. The Senate shall enact a local government code which shall provide for auniform and more responsive and accountable College Council structure institutedthrough a system of decentralization with effective mechanisms for coordination andsynergy, allocate among the College Councils their powers, responsibilities, andresources, and provide for the qualifications, election, appointment, and removal,term, powers and functions and duties of college council officials and all othermatters relating to the organization and operation of the college council.31

Section 4. The Executive President of the Central Student Government

shall exercise general supervision over local governments, which shall be

composed of the College Councils and Student Organizations.

Section 5. Local government units shall have ajust share, as determined by the

University Administration, in the appropriation of funds which shall be

automatically released to them.

Section 6.No College council, Co-Curricular Organizations may be created,

divided, merged, abolished, or its jurisdiction and autonomy substantially

31 This provision essentially abrogates the independent charters of each college council andreplaces it with a local government code that provides for a uniform structure and poweramong the college councils. However, the local government code shall take into account thedistinct feature of each college and provide enough autonomy and flexibility for the collegecouncil to effectively manage their affairs.


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G. Decide all questions affecting elections, including the determination of the

number and location of polling places, and appointment of election officials and

inspectors as defined by the XU-CSG Election Code.

H. Register, after sufficient publication, political parties and organizations. Theseparties and/or organizations must present their platform of governance. No

Religious organization, parties seeking achievement of goals through violence

or unlawful means, or refuse to uphold and adhere to this Constitution, shall be

registered.

Section 3.Commission on Students Rights and Welfare

A. The Commission on Students Rights and Welfare shall be composed of theChief Commissioner, Associate Commissioner(s), and College Deputy

Commissioners.

B. The Chief Commissioner shall be appointed by the XU-CSG President with the

consent of the Senate.

C. The College Deputy Commissioners shall be appointed by their respective

Council Presidents.

D. The Associate Commissioner(s), if any, shall be appointed by the Chief

Commissioner with the consent of the Directorate

E. The commission on Students Rights and Welfare shall be responsible for

the pursuance and strict observance of the XU Magna Carta of

Students Rights, Responsibilities, and Welfare by all parties concerned.

F. The commission shall enhance, support, and sustain the consciousness of the

XU students of the provisions embraced in the Magna Carta.

G. The commission may conduct an independent inquiry on any complaint on any

violation of the Magna Carta. The commission must conduct the inquiry in a

period of fifteen (15) days, after which it must submit its findings to the

president. In cases where the commission finds the complaint valid, it shall

have the power to declare that such a violation was done and shall require the


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CSG President to consult with and seek redress from the proper university body

in addressing the complaint.The reports, complaints and findingsmust

always be confidential. In cases of appeals, new evidences supporting such

claim must be presented to the commission before another inquiry may

transpire.

H. The Chief Commissioner shall act as the official liaison officer of the XU-CSG,

with the consent of the XU-CSG President, to any disciplinary board which

affect student rights and welfare.

Section 4. Commission on Audit

A. The Commission on Audit shall be composed of the XU-CSG Audit

Commissioner, Audit Secretary and a team of auditors as provided for by law.

B. The Commissioner shall be appointed by the outgoing Directorate.

C. The Audit Secretary, if any, shall be appointed by the XU-CSG Audit

Commissioner with the consent of the Directorate.

D. The Audit Commissioner and Audit Secretary must not have been a

candidate of or an elective position receding academic year and shall be non-

partisan.

E. The Commission on Audit shall be responsible for auditing or validating all

financial transactions entered into by the XU-CSG on a mid-year basis.

F. The commission may coordinate with the Juniors Philippines Institute of

Accountants or its equivalent for auditing or validating all financial transactions

entered into by the XU-CSG

G. The commission shall also coordinate with all student organizations for a

consolidated audit report for the CSG President to act upon.

H. The commission shall adopt the policies and guidelines promulgated by the

Senate in the conduct of any audit.


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I. The Commission on Audit shall have authority to promulgate its own rules and

regulations, create its own techniques or methods for a transparent accounting

and auditing process, and must at all times adopt the generally accepted

accounting principles.

J. For transparency, the Commission on Audit shall submit a copy of its financial

report to the XU-CSG President, Directorate Convener, and the Chief Justice. A

copy must also be given to the Press Relations Officer, or its equivalent, to be

posted mid-yearly in all the University information boards for the guidance of

its Constituents.

Section 5. The preceding commissions shall maintain & exercise autonomy from

the Executive President and the other offices of the XU-CSG.

Section 6. The Electoral Commission and the Commission on Students Rights and

Welfare shall decide by a simple majority vote of all its members in any case or

matter brought before it within five (5) days from the date of its submission for

decision or resolution.

Section 7. Each Commission en banc may promulgate its own rules concerning

pleadings and practice before it or before any of its offices. However, such rules shall

not diminish, increase, or modify substantive rights.

Section 8. Each Commission shall perform such other functions as may be provided

by law.

Section 9. No member of the Commission shall act in a temporary capacity.

ARTICLE IX

ELECTORAL PROCESS

Section 1.The conduct of any election, plebiscite, or referendum shall be done in

strict observance of theXU-CSG Election Code.

Section 2. The election for the positions of President and Vice-president must be

held no earlier than two months and no later than one month prior to the end of the


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regular school year. The elections of the college councils and students organization

officers must also be held within this period.

ARTICLE X

FINANCE AND BUDGET

Section 1. Fiscal Autonomy from the Executive Department shall be granted to

the Legislative, Judicial Departments as well as to the Electoral

Commission and the Students Rights and Welfare Commission.

Section 2.The Legislative and the Judicial Departments, as co-equal branches of the

council, shall each enjoy five (5) percent allocation of funds from the total CSG

budget of the two semesters respectively or as may be provided by law.

Section 3. The Commission on Students Rights and Welfare, being an independent

body, shall observe fiscal autonomy and enjoy two (5)percent allocation of funds

from the total CSG budget of the two semesters of the whole academic year or as

may be provided by law.

Section 4. The Electoral Commission, being an independent body, shall observe

fiscal autonomy and enjoy five (5)percent allocation of funds from the total CSG

budget of the two semesters of the whole academic year or as may be provided bylaw. The appropriation and provision of funds may be adjusted thru an enactment,

provided that the proposed budget revision shall be not lower than the allocation of

the preceding year.

Section 5. In accordance with the law, the Commission on Audit shall inspect and

examine all financial records and financial reports, as it shall be preserved and be

opened to the public.

Section 6. All books of account of the XU-CSG shall be open to the Student Body at

all times.

Section 7. The XU-CSG may neither solicit nor receive funds or financial contribution

from political parties.


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Section 8. There shall be no increase in the XU-CSG fee unless approved by 2/3 of

the members of the Senate.

Section 9.. The head of the Office of Budget and Finance32 or its equivalent shall bethe custodian of funds of the XU CSG, and shall be the cosignatory with the President

of any financial transactions entered into by the XU-CSG. He shall ensure that suchbudget is in accordance with the general appropriation law enacted for the academicyear. He shall not sign the project and budget proposal when it is not in accordancewith the general appropriations law.

ARTICLE XI

ACCOUNTABILITY OF THE OFFICERS

Section 1.XU-CSG officers including its College Council officers must at all times beaccountable to the members, serve them with paramount dependability, honesty,

loyalty, and competency, and do all with justice.

Section 2. The Executive President, the Executive Vice-President, the members of

the Student Supreme Court, the members of the Commissions, the elected33

members of the Senate, the College Council President and elected College Council

Officers less in rank than the Council President may be removed from office, on

impeachment or suspended on the following grounds:

A. culpable or wilful violation of this constitution;

B. gross incompetence

C. gross misconduct

D. neglect of duty

E. malversation of funds

F. conduct unbecoming of a student leader

G. misrepresentation of duties and responsibilities in any organization or

gathering within and outside the campus

H. academic deficiencies acquired in the duration of his/her termI. grave abuse of authority

32 By clear mention of the Constitution, the office of budget and finance is a constitutionalcreation just like the commissions thus it cannot be dissolved through law or executive orderbut only through constitutional amendment. However, its internal structure and system issubject to president control and supervision.33 This makes the sectoral representatives out of the scope of impeachable officials


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Section 3. The Senate shall have the exclusive power to initiate all cases of

impeachments for officials stated in preceding article except elected College Council

Officers less in rank than the Council President. 34

A. A verified complaint for impeachment may be filed by any member of theSenate or by any student or student group.

B. Upon finding probable cause35, the Senate shall initiate and conduct, within

fourteen (14) school days, a trial for the impeachment of the said official.36

C. The Directorate shall submit its findings and recommendations of dismissal,

suspension, or impeachment to the Student Supreme Court.

D. Impeachment recommendation of the official shall take effect after theconcurrence of a simple majority of the members of the Supreme

Constitutional Court.

E. Impeachment cases shall be decided no more than five (5) days from the

receipt of the findings and recommendations by the Directorate. Failure of

which, the Supreme Constitutional Court must take cognizance of the case and

a proceeding must be conducted within seventy-two (72) hours to hand out its

decision.

F. All parties involved shall be given a chance to be heard; evidence shall be

presented for the Student Supreme Court to decide on the merits of the case.

Section 4.The President, the Vice-President, the members of the Supreme

Constitutional Court, the members of the Commissions and other elected officials

shall be automatically removed from office when suspended twice.

Section 5. The College Councils elected officers except the Council President, the

members of its Commissions, Legislative Body, and Judiciary, shall be under the

jurisdiction of their respective Councils Legislative Body as provided for by law.

34 This makes all position below the College Council President impeachable through theirrespective College Council legislative bodies.35 Probable cause means that the facts and circumstances would lead a reasonably prudentman to believe that the person committed such offense or violation. As a body, the Senateshall vote if probable cause exist based on the complaint36 This supplements Article V, Sec 4, H


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ARTICLE XII

VACANCIES AND SUCCESSION OF POWERS

Section 1.The term of office of all XU-CSG officials elected and appointed, after the

ratification of this Constitution, shall be one (1) year, starting from the noon of

the 31st of March and shall end at the same date the year after.

Section 2. For purposes of transparency during the turnover of office, the outgoing

administration shall give a copy of its audited financial statement and a record

of office inventory to the incoming administration.

Section 3. In cases of vacancies in the Executive Presidency, the Executive Vice-President shall assume the position of the Executive President without

prejudice to his responsibilities as Executive Vice-President and presiding officer of

the Legislative Body. The members of the Senate shall elect among themselves a new

convener whom shall be referred to as Senate President pro tempore.

Section 4. In cases of vacancies in both the Presidency and Vice-presidency,

the members of the Senate shall assume the functions of the two positions as an Ad

Hoc body, without prejudice to their responsibilities as members of the Directorate

and heads of their respective College Councils. The Ad Hoc Body shall be responsiblefor calling a special election for the two positions left vacant.

Section 5. In cases of vacancies in other elective position(s), unless there are direct

successor(s) in accordance to the hierarchy, the president shall appoint officer(s) to

fill the vacant seat(s). The Senate may also call for special elections, however with

the approval of the President and the Judiciary.

ARTICLE XIII

AMENDMENTS

Section 1. Any amendments to, or revision of, this constitution may be proposed by

the Senate or a Constituent Assembly supported by at least ten percent of the


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total student population of Xavier University. A Constituent Assembly shall

compose of representatives from all the College Councils, who are special delegates

to specifically and solely address the amendment in congress.

Section 2.Any amendments to, or revision of, this constitution shall be valid whenratified in a plebiscite by a simple majority of the members of the XU CSG as

defined in Section 1 of article III of this Charter; provided, however that at least fifty

(50) percent of its members cast their votes in the plebiscite.

ARTICLE XIV

TRANSITORY PROVISIONS

Section 1.This constitution shall become effective upon ratification in a plebiscite by

a simple majority of the votes cast by the members of the CSG as defined in

Section 1 of Article II of this constitution.

Section 2.Upon ratification and approval, this constitution shall supersede any

previous existing constitution of the CSG.

2012 proposed csg constitution

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