Professional Documents
Culture Documents
INTRODUCTION
2
The 2005
Constitution of the
Undergraduate Students
of the Ateneo de Manila
Loyola Schools1
1
The first major deviation the 2005 Constitution makes from its predecessor
is its name itself, being the "Constitution of the Undergraduate Students of
the Ateneo de Manila Loyola Schools." The 2003-2004 Constitutional
Commission agreed that "Constitution of the Sanggunian" undercut the
entire student body's participation and stake in the document, seemingly
limiting its relevance only to the Sanggunian's officers. The new name
reflects each and every Loyola Schools student's ownership of this document
and its contents.
later articles (Articles IV onwards). The first three articles thus deal with the
student body that "ordains and promulgates this constitution."
4
ARTICLE I
THE LOYOLA SCHOOLS STUDENT BODY2
2
The 2005 Constitution's first article is reminiscent of the previous
constitution's second article on membership. Its description of the student
body, in fact, is lifted mainly from the previous constitution. This article
seeks to define who comprise the "Undergraduate Students of the Ateneo de
Manila Loyola Schools."
Non-degree Students are students taking classes in the Loyola Schools that
do not count towards any specific degree.
5
ARTICLE II
BILL OF RIGHTS3
Section 2. Students have the right to invite and hear persons of their own
choice in convocations and assemblies.
Section 4. Students have the right to air and disseminate their personal
views and any other forms of expression through mass media.4
3
The 2005 Constitution's Bill of Rights feature no major revisions from its
predecessor, save for a few corrections, which are discussed further in
succeeding notes.
4
The adjective "personal" was added to clarify the views that may be
expressed freely through mass media, in order to avoid situations that use the
University's name to misrepresent personal opinions as those of the school.
Thus, only personal expressions are guaranteed by this right, not expressions
"as a student of the Ateneo de Manila Loyola Schools," which have to be
cleared with school authorities.
6
Section 5. Every student has the right to petition for a public redress of
grievances.
Section 9. Every student has the right to conduct research freely and to
publish, discuss, exchange, and make recommendations. He/She has the
right to freedom of inquiry, to accurate information, and to have access
7
to information and documents on matters of public, institutional, and
personal concern at all times.
Section 10. Students have the right to continuing competent and quality
instruction. Every student has the right to academic protection and
assistance by the Sanggunian and/or the Administration. He/She has the
right to a fair grading system. Complaints about academic evaluations
and teacher classroom performance shall be given a fair hearing by the
instituted bodies of the Sanggunian or the Administration.
Section 12. Every student has the right to confidentiality of his/her views,
beliefs, associations, and academic disciplinary records. Such
information which the Administration, Faculty, Non-academic
personnel, and fellow students acquire in the course of their work or
study should not be improperly disclosed.
Section 13. Students have the right to participate in the governance of the
school by having a fair and effective representation in its policy-making
bodies with voting power coming from their ranks. The student body
should be able to participate in the formation and application of
regulations affecting them.
Section 14. Students have the right to avail of adequate welfare services
and to use school facilities.
Section 15.
(a) All members of the student body have the right to vote.
(b) All members of the student body, regardless of academic standing,
have the right to run for elective positions in the Sanggunian;
provided, however, that they fulfill the requirements prescribed in
this Constitution.
Section 16. Every student has the right to support the Sanggunian and
participate in its activities.
Section 17. Students have the right to know the resolutions, decisions,
activities, and acts of the governing bodies of the Sanggunian.
8
Section 18. Members of the student body have the right to directly initiate
veto action against undesirable acts of the governing bodies of the
Sanggunian through the following courses of action:
Section 19. Members of the student body have the right to initiate the
recall and impeachment of appointed and elected Sanggunian officials
on any of the following grounds:
5
A veto initiative backed by the majority of the student body (duly certified
by the COMELEC) comes into effect immediately.
6 The 2004-2005 Constitutional Commission deleted the provision requiring
"at least 3% of students from each year level to sign the initiative" from
option b of this right covering student initiative. It was argued that while that
old restriction prevented any one year level from forcing a referendum by
itself without the support of others, it is redundant since a veto measure that
has support only from one batch would most likely fail in a referendum
anyway. Doing away with the "3% restriction" also allows whichever sector
of the student body – with or without support from all batches – to express
dissent through initiative veto so long as they garner enough support.
7 It is to be noted that the grounds for recall and impeachment are actions
done in the course of official duties, that is, actions done in someone's
official capacity as an officer of the Sanggunian. Erring on a personal level
does not fall under these grounds.
9
Section 20. Students have the right to invoke the provisions found in the
Magna Carta of Undergraduate Student Rights of the Ateneo de Manila
Loyola Schools.8
8
This section links the 2005 Constitution with the other document vital to
Loyola Schools student life, the Magna Carta of Undergraduate Student
Rights. While it was suggested under most of the Constitutional
Commissions that the entire Bill of Rights article be deleted given the
existence of the Magna Carta, it was argued that some rights in this article,
such as student initiative, are not expressed in the other document. Hence, it
was agreed that the two be linked through this section instead.
10
ARTICLE III
DUTIES AND OBLIGATIONS OF LOYOLA SCHOOLS
STUDENTS
Section 2. Students should exercise their rights responsibly and with due
regard for the rights of others.
11
ARTICLE IV
THE SANGGUNIAN NG MGA MAG-AARAL NG MGA
PAARALANG LOYOLA NG ATENEO DE MANILA9
9 The Sanggunian ng mga Mag-aaral will be the subject matter for the rest of
the Constitution from this point on. From the Article Title, one can see
another major change under this constitution, that of the formal name of the
student council. The new name was adopted by the 2004-2005 Commission
to more accurately reflect the jurisdiction of this body, the Ateneo de Manila
Loyola Schools.
12
ARTICLE V
DECLARATION OF PRINCIPLES, PURPOSES, AND
POLICIES OF THE SANGGUNIAN
PRINCIPLES
Section 4. The Sanggunian, recognizing the rightful and vital role of the
Filipino youth in national efforts to advance and preserve freedom,
democracy, human rights, national dignity and interest, social justice,
unity, peace, and development in Philippine society, shall raise the
Ateneo student body’s critical awareness of and proactive response to
issues and their root causes affecting the life of the nation and the
Filipino people.
11
This section was modified to reflect the final end goal of the Sanggunian's
principles – that of the holistic formation of the Atenean.
13
PURPOSES
Section 6. The Sanggunian shall defend and advance the general welfare
of the Ateneo Student Community.
(a) The Sanggunian shall protect the academic rights and welfare
of the Students.
(b) The Sanggunian shall establish essential, effective, and
adequate student services.
(c) The Sanggunian shall help foster the social, political, cultural,
and spiritual life of students.
(d) The Sanggunian shall strive to develop a University spirit and
work for effective student participation in its activities.
(e) The Sanggunian shall serve as the official coordinating channel
of the Loyola Schools student body with the University
Administration, Faculty, Non-academic personnel, parents, and
other sectors of the society.12
POLICIES
Section 7.
12
Section 6(e), which used to be Section 7 under "Policies" in the previous
constitution, was deemed to be better placed as part of the Sanggunian's
purposes, since the representative task enshrined in the provision is one of
the student council's primary functions.
14
ARTICLE VI
COMPOSITION OF THE SANGGUNIAN
Matters concerning the student body in general fall under the jurisdiction of
the Central Board.
As the local-level student government for each of the Loyola Schools, each
School Board shall be composed of the following elected officers and
representatives of each school's student body:
13
This section enumerates the different bodies comprising the Sanggunian,
including the SJC (formerly the JC), the COMELEC, Sectoral Councils, and
Special Units. The following sections (and Articles) elaborate on these units.
14
Sections 2 & 3 were worded to reflect the new separation of powers in
this structure, that of a Central and Local government. As made explicit by
the two sections, the CB handles student affairs in general (that is, issues and
projects not affecting or geared towards a single school or batch) while the
SBs handle issues and projects exclusive to a school.
15
(b) An Executive Officer from each year level; and
15
This provision serves to clarify that the SJC, COMELEC, Sanggunian
Departments, and Sectoral Councils are inseparable parts of ONE Student
Government.
16
Unlike the previous constitution, where only CB & JC officers had to be
Filipino citizens, the new constitution requires all Sanggunian officials under
the units mentioned in Section 1 of this Article to be citizens of the
Philippines. The minimum load requirement was worded in a general fashion
as to accommodate any changes the university may impose. Currently, this
remains at 12 units.
17
Unlike the term of Philippine Presidents which start and end at a specified
time, the Sanggunian's term ends and begins upon the induction of the
16
ARTICLE VII
THE CENTRAL BOARD18
incoming set of officers. This was set to ensure enough flexibility for
scheduling the elections.
18
The Central Board of the 2005 Constitution inherits much of the powers
and responsibilities in the previous constitutions, with some additions and
revisions, elaborated on in further notes.
19
This provision gives primacy to the CB as central student government.
20
As in the previous constitution, the CB is both an executive and legislative
body.
21
This provision places the selection of student representatives in the
various committees and councils of the Loyola Schools purely in the hands
of the CB.
22
The Sanggunian's seal and banner thus only becomes official upon the
approval of its central government, the Central Board. The participation of
all Sanggunian units in its adoption is of course desired.
17
(h) To deliberate on issues when at least a majority of all its
members are present;23
(i) To decide and vote on matters by a simple majority of 50% +
1 of those present in the meeting;
(j) To create such departments, committees, staffs, task forces,
and offices as may be necessary to discharge specific
functions of the board;24
(k) To grant or withdraw recognition to sectoral councils’
representation in the Central Board through resolution;25
(l) To exercise general oversight on independent student projects
as representatives of the student body;26
(m) To try any magistrate of the Student Judicial Court for
impeachment;27
(n) To direct the allocation and disbursement of funds of the
Sanggunian;28
(o) To examine the financial report of the Finance Officer at least
three weeks before elections and to submit the annual financial
report to the Audit Committee of the Student Judicial Court;
(p) To deliberate resolutions submitted by at least ten percent
(10%) of the Student Body;29
23
CB quorum is now reduced to 50%+1 of members.
24
The prerogative to create departments and other Sanggunian units remain
with the CB.
25
As elaborated upon in Article XI, the CB reserves the right to recognize
and withdraw recognition of the Sectoral Councils.
26
While the Sanggunian exercises no direct control over independent student
projects such as the OrSem and ACP, the fact that these projects involve a
large part of its constituency makes it essential that the CB monitor their
progress and activities to ensure that student welfare is protected.
27
This provision provides a mechanism by which the Executive-Legislative
branch (CB) of the student government checks the Judicial branch (SJC).
The CB is convened as an impeachment court should any SJC magistrate be
the subject of a complaint.
28
Ultimate jurisdiction over the allocation of the entire Sanggunian's budget
among its different units remains with the CB as central government.
18
(q) To bring up unresolved matters to the Student Body for them
to decide among alternatives;
(r) To call assemblies of the Student Body or any part thereof to
determine its sentiments, needs and demands;
(s) To mobilize student power when necessary; and
(t) To meet weekly or as often as necessary to discharge its
functions. Any member of the Board who has committed
his/her fourth unexcused absence from its meetings shall
automatically be investigated for impeachment.30
A. The President
1. To be the Chairperson and Chief Executive Officer of the
Sanggunian;
2. To enforce the provisions of this Constitution and its By-
laws;
3. To be the official spokesperson of the Sanggunian at any
function, meeting or assembly;
4. To act as the official representative of the Student Body
and the official overseer of its affairs;
5. To preside over the meetings of the Central Board;
6. To call for meetings of the entire Sanggunian or any part
thereof as necessary;
7. To coordinate with the School Boards on behalf of the
Central Board;
8. To submit a monthly report on the state of the Sanggunian
to the Student Body;
9. To create such additional units as may be necessary to
discharge specific functions of the Presidency;
29
Should any resolution be submitted to the CB with the backing of at least
10% of the student body (duly certified by the COMELEC), the CB is
required to consider it immediately.
30
The lack of qualifiers regarding the time frame of the three absences
allowed in both the current and previous constitutions was intended to mean
that absences are to be counted cumulatively for the entire year and not per
semester. Thus, Sanggunian members are only allowed a maximum of 3
unexcused absences.
19
10. To approve/disapprove the selection of chairpersons of
departments, special units and special Sanggunian
projects;31
11. To oversee the operations of departments, special units and
special Sanggunian projects; and
12. To perform such other functions the Board may so direct.
B. The Vice-President32
1. To assume the responsibilities of the President if the
President is absent or incapacitated;
2. To automatically assume the Presidency in the event that
such office is permanently vacated;
3. To create such additional units as may be necessary to
discharge specific functions of the position; and
4. To perform such other functions the Board or President
may so direct.
C. The Secretary-General
1. To be the Chief Administrative Officer of the Sanggunian;
2. To take charge of the daily and administrative affairs of
the Sanggunian;
3. To assist the President in the implementation of the
Sanggunian's Code of Internal Procedures;
4. To be the official custodian of all records and papers of the
Sanggunian, in coordination with School Board Secretary-
Treasurers;
31
Items 10 & 11 outline the President's prerogatives over the Departments
and Special units of the Sanggunian, ranging from the selection of
chairpersons to oversight capabilities as chief executive officer.
32
The Vice-President does not inherit the powers of the old Internal and
External Vice-Presidents. The positions of Internal and External Vice-
Presidents were abolished to divorce the position from attachment to issue
areas. It was felt that having overseers in the form of the IVP and EVP
detracted from an atmosphere conducive to CB Representatives' initiative.
The abolition of the IVP & EVP positions therefore places greater
importance to CB Committees and their Chairpersons, who are now "Mini-
VPs."
20
5. To serve notices and take charge of the correspondence of
the Sanggunian;
6. To disseminate information about the activities and affairs
of the Sanggunian;
7. To prepare the agenda of meetings of the Board after due
consultation with its members;
8. To advise the President on matters of general
administration;
9. To create such additional units as may be necessary to
discharge specific functions of the position; and
10. To perform such other functions the Board or President
may so direct.
33
The CB Treasurer was retitled as "Finance Officer" to reflect the breadth
of duties he/she performs, not merely limited to keeping funds secure (and
disbursing them) as the old title connotes.
21
E. The Central Board Representatives, the elected
representative of their respective schools in their year levels.34
1. To represent all students belonging to their school from
their year level;
2. To maintain liaison between his/her constituents and the
Central Board, consulting block or course representatives
from his/her constituency when appropriate; and
3. To perform such other functions the Board may so direct.
(b) The President of the Sanggunian may veto the decisions of the
Central Board. The President has three regular school days
after the decision is made to communicate to the Secretary-
34
The CB Reps inherit the powers and responsibilities of the previous
constitution's Year Representatives (School Legislatives), minus their
membership in the local governments. They are thus accountable only to
their constituents and the CB. Item 2, however, clearly states that they are to
consult the block/course representatives of their constituency when
necessary.
35
This is a generalization of the old constitution's listing of an Activities,
Athletics, and Dormitories representative.
22
General the decision of veto. If no action is made within this
time, the decision is considered approved.
23
ARTICLE VIII
THE SCHOOL BOARDS
Section 1. Composition
For more effective representation, the School Board shall also include block
and course representatives. There will be one Representative from each
block for the Freshmen and Sophomores, and at least one Representative for
every program for Juniors and Seniors, with programs with more than 30
students having another representative for every additional 30 students. The
number of seats allotted for course representatives every year will be
determined by the Ateneo Commission on Elections before every
Sanggunian election based on his section and relevant provisions from the
electoral code.37
36
The "Executive Committee" as a sub-grouping was devised as a means of
ensuring efficiency. Under the previous constitution, the Year Councils
counted the course and block representatives as members along with the
Batch Chairperson, Executives, and Legislatives. No mention was made,
however, on decision-making authority, making it possible to argue that
ALL members of the YC (including Block/Course Representatives) are to
participate. Considering that there may be as many as 80 or more
representatives, this would be quite inefficient. The ExeCom was thus
created to serve as the main governing body of the School Board, as
enumerated in the next section.
37
The commission deliberately left the allocation of the number of seats for
course representatives to the Ateneo Commission on elections so that the
needs of a particular year may be reflected – that is, more or less reps may be
elected depending on the interpretation of this provision. While at least 1
representative is assured for any course, the provision may be interpreted in
two ways with regard to the additional representatives for "every additional
30 students."
A. Executive Committee38
(a) To be the governing body of each school's student body;
(b) To formulate and implement policies, stands, resolutions,
and programs concerning their constituency;
(c) To coordinate and assist in the implementation of Central
Board policies and programs in the best interest of their
constituents;39
(d) To direct the disbursement of the School Board's funds; and
(e) To meet at least twice a month or as often as necessary to
discharge their functions. Any member of the Executive
Committee who has committed his/her fourth unexcused
absence from its meetings shall automatically be investigated
for impeachment.40
C. Secretary-Treasurer41
(a) To assume the responsibilities of the Chairperson if the
Chairperson is absent, or incapacitated;
(b) To automatically assume the Chairpersonship in the event that
such office is permanently vacated;
(c) To be the Chief Administrative Officer of the School Board,
keeping records of the School Board's proceedings, and
correspondence and be responsible for furnishing copies to
the Sanggunian Secretary-General where appropriate;
(d) To be the School Board's budget officer and disburser of
funds; and
(e) To perform such other functions the Board or President may
so direct.
D. Executive Officers42
(a) To represent their constituents to the School Board Executive
Committee;
41
The SB was originally conceived to have both a Deputy Chairperson and
a Secretary-Treasurer to aid in administration given the possibly large
constituencies involved. It was deemed too confusing, however, to introduce
too many new positions immediately. The position of Deputy was thus
scrapped, but not without leaving its job of second-in-command to the
Secretary-Treasurer. The ST is thus a Vice-Chairperson, a Secretary-
General, and a Finance Officer ALL IN ONE for the SB.
42
The School EOs are the successors of the previous constitution's School
Executives, but now also enjoy legislative powers as part of the ExeCom.
26
(b) To formulate projects and programs concerning their school-
level and implement these in cooperation with their block or
course representatives; and
(c) To perform such other functions as the School Board may so
direct.
E. Course/Block Representatives43
(a) To represent and actively communicate their constituents'
concerns to the Sanggunian;
(b) To serve as the consultative arm of the Central Board
Representatives and the School Board;
(c) To serve as the communication and mobilization arm of the
Executive Officers; and
(d) To perform such other functions as the School Board may so
direct.
43
The importance of the Course/Block Reps is seen when one considers
them a link between the SBs and the CB, being consulted by both CB Reps
and the SB.
44
Section 3 gives students in the 6th year and beyond due representation in
the local government, unlike the previous constitution which only provides
representation to 5th year students.
27
ARTICLE IX
THE EXECUTIVE COORDINATING ASSEMBLY45
Section 1. Composition
45
The ECA seeks to echo the Executive Board grouping proposed late into
the 2003-2004 Sanggunian and practiced starting the following year. This
body does not make decisions but rather functions both for inter-unit
consultation and to coordinate the various activities of the Sanggunian's
units, especially projects, to avoid duplicity, schedule conflicts, and other
logistical problems. Possible tie-ups and other opportunities for cooperation
might also be found through ECA dialogues.
46
The Top 4 officers retain their membership in the ECA as they did in the
EB, with any of them reporting for the CB Committees. Unlike the EB,
however, the ECA does not include the School Executives (now SB
Executive Officers) in its structures. Instead, only the top 2 officers per SB
are present to report on their units. The SB EOs are now more relevant to the
SBs and the Batch Coordinating Assemblies (BCAs).
47
Since the ECA is for coordination purposes only, the Commission saw no
need to impeach officers purely for being absent in ECA meetings.
Absenteeism in the ECA, which is part and parcel of an officer's duties, may
however be used as aggravating circumstances in impeaching an officer.
28
ARTICLE X
THE BATCH COORDINATING ASSEMBLIES48
Section 1. Composition
48
The BCA was meant to echo the Year Councils of the previous
constitution as a compromise to the need for a structure for batch-wide
concerns short of having both a School Board and a Year Council at the
same time. It is given, therefore, much of the old YC's powers but remains a
"coordinating" body given the emphasis in Section 2(a) about the autonomy
of individual schools. It was envisaged that the BCA would be extremely
relevant in the case of the Juniors and Seniors, especially for career or
graduation-related activities.
49
As mentioned above, the BCA is an echo of the old Year Councils. It thus
serves to unite batches through projects (notice its power to "coordinate the
planning, implementation, and evaluation of projects concerning a year
level") and batch stands, but always maintaining each school's individuality.
50
As with the ECA, the Commission saw no need to impeach officers purely
for being absent in BCA meetings. Absenteeism in the BCA, which is part
and parcel of an officer's duties, may however be used as aggravating
circumstances in impeaching an officer.
29
ARTICLE XI
THE SECTORAL COUNCILS51
Section 1. Definition
51
Instead of enumerating Sectoral Councils one by one in the Constitution,
the Commission agreed to create a generalized article that would also allow
new sectors to emerge and apply for recognition.
52
The criteria and procedures for recognition must be outlined in the CB's
CIP. Needless to say, the CB must exercise prudence in the recognition
process given that an unlimited number of sectors may claim the right to be
recognized. This is a risk the Constitutional Commission took by
institutionalizing this open system, one that was thought to pay back with
increased representation.
53
With the mention of election of officers and members, it is stipulated that
Sectoral Councils who wish to apply for recognition must have structures
that are democratic in nature, in line with the Sanggunian's principles.
30
Section 4. All sectoral councils under the Sanggunian shall have their
own constitution and/or Code of Internal Procedures which shall at all
times be in full accord with this Constitution.
31
ARTICLE XII
DEPARTMENTS OF THE SANGGUNIAN54
Section 1. Definition
54
Like the previous article, Article XII seeks to generalize Sanggunian
Departments in order to define them and provide room for new ones if need
be.
55
Section 1 clearly states that the CB solely reserves the right to create
Departments.
56
Section 2 was carried over from the 2 previous Constitutional
Commissions.
57
Section 3 clearly states that the final decision on the Department Chair's
appointment rests with the Sanggunian President. The commission agreed
32
Section 4. All Departments of the Sanggunian shall have their own
Codes of Internal and Financial Procedures which shall at all times be in
full accord with this Constitution.
33
ARTICLE XIII
THE STUDENT JUDICIAL COURT58
Section 1. Definition.
The Student Judicial Court is the judicial arm of the Sanggunian that hears
and resolves any complaint involving the constitutionality, legality, or
jurisdiction of the acts, policies of Sanggunian officials.
58
The old Judicial Council is now renamed "Student Judicial Court," a
carryover name from the 2002-2003 Constitutional Commission.
59
This selection procedure mirrors that of the previous constitution.
60
This section deviates from the previous constitution by removing the word
"consecutive," which, for a student taking 4-5 year courses, would be
redundant since they would only be able to serve a maximum of two terms
anyhow. Consecutive terms would also guarantee some degree of continuity
that might serve to cut the yearly learning curve of the new SJC.
34
Judicial Court to the student body, the Sanggunian, and the
Administration.
61
The requirement of having the Chief Magistrate as a 2nd-termer is meant
to create continuity and somehow cut the learning curve of the new set of
SJC magistrates. The requirement, however, is flexible should no 2nd-termers
be available.
35
Committee for students it has found guilty of any impeachable
or recallable offense or violation of academic rights;
(e) To review and approve or reject appointments by the members
of the Sanggunian, who must meet the qualifications written in
the Constitution;
(f) To appoint five (5) Commissioners before the end of the first
semester and to supervise the Commission on Elections
(COMELEC);
(g) To appoint at least six (6) prosecuting officers; and
(h) To meet as often as necessary to discharge its functions. Any
Magistrate of the Council who has committed his/her fourth
unexcused absence from its sessions shall automatically be
investigated for impeachment.
Section 9. The Student Judicial Court shall adopt its own Code of
Internal Procedures, including Rules of Court.
36
(e) In the event that a Magistrate of the Student Judicial Court has
been filed an impeachment complaint during a period where
the Student Judicial Court is hearing another complaint, it is
ruled that the current complaint placed before the SJC be
settled before Section 9[d] be in effect.
37
ARTICLE XIV
THE COMMISSION ON ELECTIONS
Section 1. Definition.
Section 2. Officers.
62
Instead of being chosen solely by the SJC, those outgoing COMELEC
commissioners who are not reapplying for the following term are now
included in the decision-making process. No term limits are imposed for the
COMELEC commissioner seeing that it is actually preferable to have
experienced people in the body since this would lead to efficiency.
38
Logistics, Promotions, and Secretariat, as well as other duties
defined by the commission’ Code of Internal Procedures.
(f) The COMELEC commissioners may appoint associate
commissioners and staff to assist them in carrying out their
duties and responsibilities.
39
Section 4. The Electoral Code
The Ateneo COMELEC shall have an electoral code, which should at all
times be in full agreement with this constitution. In the event of non-
concurrence this constitution shall supersede the particular article or section
of the electoral code. This electoral code shall be reviewed yearly and
revised accordingly by the current Board of Commissioners subject to
Student judicial court concurrence.
Section 5. The Ateneo COMELEC shall have its own Code of Internal
Procedures which shall at all times be in full accord with this
Constitution.
40
ARTICLE XV
ELECTIONS AND VACANCIES
63
The electoral quota is now a constitutional requirement. Thus, ALL
electoral exercises (Sanggunian elections, plebiscites, and referenda) held by
the COMELEC must be participated in by 50%+1 of the constituency
concerned to be valid.
64
This is a new provision that guarantees that the student body may always
choose to abstain should the candidates or choices they are selecting from
prove unsatisfactory to them.
41
Section 4. Vacancies. 65
(a) Vacancies that occur in the Central Board and School Boards
before the election of Freshman Officers, with the exception
of the positions of Sanggunian President and School Board
Chairpersons, shall be filled via special elections to be held
simultaneously with the Freshman Year Officers Elections.
65
Given the difficulty and impracticality of holding special elections after
the Freshman elections, the Commission has deemed the vacancy provisions
above to be more pragmatic. To balance the President/Chairperson's
appointive powers, a confirmatory ¾ vote was required.
It is to be noted that Presidential succession has been cut to only a single step
(the VP) from two (IVP then EVP). This was a necessary consequence of
abolishing the IVP and EVP positions and taking into consideration that we
may not consider the Sec-Gen to have ascendancy over the Finance Officer
in terms of succession since both serve equally-important administrative
functions. Neither may the School Board chairs succeed to the presidency
given the equality accorded to the four Loyola Schools.
Thus, once the VP succeeds the president, no provision exists for further
succession. Though there is a real, albeit remote, chance that the Sanggunian
might be left with no one to succeed the presidency, the risk would not be as
great given the short Sanggunian term (less than a year, as compared to the
Philippine President's term of 6 years).
42
Section 5. Should a School Board officer or Central Board
Representative shift to another school during his/her term of office,
he/she should vacate his/her office within fifteen days after the approval
of shift in concentration. Should a Course or Block Representative shift
to another course during his/her term of office, he/she should vacate
his/her office within fifteen days after the approval of shift in
concentration.66
66
This provision applies whether or not the shift in school or concentration
was voluntary.
43
ARTICLE XVI
FINANCE AND BUDGET67
67
This article was carried over from the previous constitution.
44
ARTICLE XVII
AMENDMENTS
68
This provision ensures a mandatory review of this Constitution so that
amendments may be made when necessary.
69
Because Article XV Section 1 (Election Quota) requires all electoral
exercises to reach the 50%+1 quota, plebiscites for Constitutional
Amendments must also be participated in by majority of the student body.
This is a reduction from the 60% required by the previous constitution.
70
This provision prevents members of the CB, ConComm, or ConCon from
exploiting their positions to tailor-fit positions for themselves by prohibiting
them to run in its first year of implementation. If the amendments are
proposed by 10% of the student body, however (see Section 2(b) of this
article), the incumbent CB members would not be disqualified to run for new
positions since they did not propose the changes.
45
ARTICLE XVIII
TRANSITORY PROVISIONS
46
The Sanggunian Constitutional Commission
2004-2005
Chairperson:
Angelo Atadero
Junior Year Representative
Members:
Denise Africa
Ateneo Commission on Elections Representative
Sharlene Cua
Sanggunian ng mga Mag-aaral Secretary-General
Angela Cuadro
Sanggunian Departments Representative
Rayshel Dy
Senior Year Representative
Marvyn Llamas
Freshman Year Representative
Luann Nucum
Judicial Council Representative
David Oliva
Cervini-Eliazo Resident Students' Association Representative
Angela Panganiban
Athletics Council Representative
47
The Sanggunian Constitutional Commission
2003-2004
Chairperson:
Donna Odra
Sanggunian Internal Vice-President
Members:
Khristine Antonio
Council of Organizations of the Ateneo Representative
Angelo Atadero
Sophomore Year Representative
JP Dela Pasion
Judicial Council Representative
Erika Dy
Athletics Council Representative
Francesca Elum
Ateneo Commission on Elections Representative
GJ Jumamil
Senior Year Representative
Hubert Lim
Department of Academic Rights and Services Representative
David Oliva
Cervini-Eliazo Resident Students' Association Representative
Gerald Rubio
Junior Year Representative
Diane Sayo
Department of Student Welfare and Services Representative
Members:
Buddy Arancon
Cervini-Eliazo Resident Students' Association Representative
Angelo Atadero
Freshman Year Representative
Chinie Canivel
Sophomore Year Representative
Chris Castillo
Department of Student Welfare and Services Representative
Nic Chua
Senior Year Representative
Janice Lao
Council of Environmental Officers Representative
Richelle Macapagal
Ateneo Commission on Elections Representative
Maimai Madrid
Council of Organizations of the Ateneo Representative
Adrian Manahan
Judicial Council Representative
Dona Odra
Junior Year Representative
Maita Sayo
Athletics Council Representative
Rachel Uy
Department of Academic Rights and Services Representative
49
ORGANIZATIONAL CHARTS
Central Board
President
Vice-Pres
President
Vice-Pres
DSWS Chair
50
ORGANIZATIONAL CHARTS
School Boards
SB Executive • School-wide in
Committee Chairperson scope
• Both executive &
Sec-Treas legislative
51
ORGANIZATIONAL CHARTS
Presiding
Executive Officer
Block Reps
Chief Magistrate
Prosecutor
Prosecutor Chief
COMELEC
Commissioner
Prosecutor
Prosecutor COMELEC Comm
COMELEC Comm
52
ACKNOWLEDGMENTS
53
54