Association of Law Students of Xavier University College of Law

Constitution of the
Association of Law Students
of
Xavier University
(Ateneo de Cagayan)
College of Law


PREAMBLE
We, the students of the Xavier University Ateneo de Cagayan, College of Law, imploring the aid of Almighty God, in order to represent our interest and opinions, and the interest of those who will follow, to support the law school Student Council, to provide for our democratic government, to aid in the furtherance of scholastic achievement, to secure a community free from discrimination and intimidation, and to promote the general welfare of our student body. DO ORDAIN AND ESTABLISH this Constitution of the Xavier University Association of Law Students.

Article I. NAME
Section 1. The name of this organization shall be the Association of Law Students of Xavier University College of Law.
Section 2. This organization shall be the official representative of the students of the College of Law.

Article II. MEMBERSHIP
Section 1. Membership in the Association shall be mandatory for all bonafide students of the College of Law of Xavier University.
Section 2. No student shall be deemed admitted into the College, unless the required membership due has been paid. Such due shall be collected upon enrolment.
Section 3. The membership due stated hereof shall be determined and approved by the majority of the incumbent Council officers based on what is reasonable under the circumstances obtaining.
Section 4. Special assessments may be levied on members, by two-thirds (2/3) vote of all the members of the Board ratified by a majority vote of all the regular members of the Association.
Section 5. The Council Treasurer or any appointed officer as unanimously approved by the Council shall collect the dues and assessments. The Council may further request the office of the Dean of the College to make the payment of such membership dues a requisite for approval of student’s application for enrolment.

Article III. THE LAW STUDENT COUNCIL
Section 1. The Law Student Council shall be the over-all governing body of the Association.
Section 2. The Council shall be composed of a President, Vice President, a Secretary, a Treasurer, an Auditor, Law Student Tribunal Chairman and members, and the Class Representatives.



Section 3. The members of the Association shall elect the President, Vice President, Secretary, Treasurer, Auditor and Student Tribunal at large. The representatives shall be elected by the members of their respective sections in special class elections supervised by the Council.
Section 4. No member shall be elected Council Officer unless he has all the qualifications and none of the disqualifications set forth in Article VII of this Constitution. Furthermore, he must comply with all the guidelines and regulations issued and promulgated by the Electoral Commission.

Article IV. THE COUNCIL OFFICERS
Section 1. The President shall be vested with the following rights, duties, and responsibilities:
The President shall enforce all legislation, amendments, and referenda initiatives passed by the Board as well as all the orders of the Law Student Tribunal.
The President shall represent the interests of the student body to any and all interested persons or entities.
The President shall have the power to appoint or remove a Public Relations officer and the heads of the executive committees created by the Council.
The President shall be the approving officer for all the disbursement of Association funds without prejudice to a legislation that shall require more signatories for a specified amount.
The President may call the Council to a special meeting when it appears necessary and expedient to do so, except during exam periods. Said meeting may not occur without three (3) class-days prior notice as to the date, time, and subject.
The President shall report to the Council once a month as to the state of the Association and the Xavier University College of Law as a whole. And shall receive and transmit to the Council all official communications from student organizations, faculty, administration or extra-University body or individual.
The President or any Committee chairman, with the approval of the President, shall create and submit an enumerated budget to the Board which shall include all necessary funding for the projects and activities of the Association.
The President may recommend effective measures for legislation to the Board. This recommendation may either be in writing, in person or through presentation by a committee chairman.
The President shall nominate, and with the consent of the Board, appoint the Chairman of the Electoral Commission, who will oversee the Elections, and whose specific duties are enumerated in Article VIII of this Constitution; and
The President shall perform all other powers and duties as provided in this Constitution.
Section 2. The Vice President shall be vested with the following rights, duties, and responsibilities:
The Vice President shall convene the Directorate and preside over all its meetings.
In the absence of the President, the Vice President shall have full authority to act on his behalf, and to perform all necessary functions inherent to the office of the President.

In the event of a vacancy in the office of the President, the Vice President shall assume the duties of the President and appoint a new Vice President with the confirmation of the Board.
In the event of a vacancy in the office of the Vice President, the President shall select, with the confirmation of the Board, a new Vice President to fill the remainder of the term.
Section 3. The Secretary shall be vested with the following rights, duties, and responsibilities:
Record the deliberations and enactments of the Council and maintain a record of all roll call votes. And post or distribute as determined by the Council and this Constitution all agendas, minutes, voting, and attendance records.
Receive, prepare and deliver all correspondence of the Association as directed by the President or Council;
Preserve and compile records, papers, and documents of the Association;
Additionally, the Secretary shall be responsible for posting notice of all Council meetings, upcoming student body events, and any and all Association deadlines that must be met by the Council officers or member organizations.
Section 4. The Treasurer shall be vested with the following rights, duties, and responsibilities:
Manage the funds of the Association and make disbursements therefrom with the approval of the President, according to the appropriations of the Board and as set forth in the by-laws.
At least twice during the semester, the Treasurer shall publish and distribute to the members of the Council a budget and a financial statement and report to the Council at its request.
He shall collect and receive all funds paid to the Association and shall deposit them in the official depository.
He shall keep the account and books, which at all times must be open to inspection by the President, the Auditor and at the end of the semester, the other members of the Council.
Section 5. The Auditor shall be vested with the following rights, duties, and responsibilities:
The Auditor shall audit all financial reports, transactions and accounts of the Association.
At any time during the academic year, the Auditor may inspect the books and the transactions of the Association; and
He shall submit an Audit Report to the Council at the end of every semester.
Section 6. a. The representatives shall stand for their respective classes in the Council and shall report to their constituents the activities of the Association as well as the resolutions and collective acts of the Council.
b. Every year level shall have at least two Representatives. Each section shall be represented by their President. In the event that a year level has only one section, the Vice President shall be tapped as the second Representative.



Section 7. a. The Tribunal Chairman and Members shall compose the Law Student Tribunal.
b. The Chairman shall direct and preside over the proceedings of the Tribunal. He shall sign the decisions, orders, and decrees of the Student Tribunal and submit a copy thereof to the Council.
c. All the members of the Law Student Tribunal must participate in the proceedings and the deliberations, and take part in the voting thereon.
d. Whenever a grievance of a member of the Association is elevated to the Central Students Government of Xavier University or to any administration office of the university, the Chairman shall act as the conduit and represent the interest of the member in any proceedings.
Section 8. Before they enter the execution of their office, the Council Officers shall take the following oath or affirmation:
I, __________, do solemnly swear that I will faithfully and conscientiously fulfill my duties as __________ of the Association of Law Students Xavier University College of Law, uphold its Constitution, serve the Association with the utmost integrity, and promote the interests of the student body. So help me God.

Article V. LEGISLATIVE BOARD
Section 1. The rule making power of the Council shall be exclusively vested in the members of the Legislative Board, with the President as the Presiding Officer.
Section 2. The Board shall be comprised of the President, Vice President, Secretary, Treasurer, Auditor and Class Representatives.
Each of the foregoing members shall be voting members. Voting rights shall not be extended to any other individuals. The Presiding Officer shall vote only when there exists a tie in a simple majority vote; otherwise he shall not vote, even when the vote would change the result.
Section 3. The Board shall select from its membership a Record Custodian who shall be responsible for keeping the minutes of all board sessions and maintaining records as to attendance of all the members. The Record Custodian shall also maintain records of all roll call votes taken and keep a record of all official communications.
Section 4. The Board shall consider and approve reasonable funding for the projects of the Council. The President must submit the proposed budget for the semester not later than five (5) days prior to the first General Assembly.
Section 5. The Bar Operations Committee must issue recommendations to the Board as to the expenditure of the Bar Operations funds. The Board shall review said recommendations prior to its passage.
Section 6. All sessions of the Board shall be open to all Students of the Xavier University College of Law. No proceeding shall take place during the exam period. Nothing in this Constitution shall be construed as granting the Board or its entities the authority to close any of its proceedings to the student body.


Section 7. Any student[s] may submit to the Presiding Officer resolutions or bills for consideration by the Board. During sessions, any member of the Association shall be afforded the same speaking privileges as voting members of the Board, subject to normal limitations of debate. No punitive action shall be taken against any person for political, philosophical, social or economic views put forth by that person.
Section 8. The Board shall have the exclusive power to:
Recognize and regulate all student organizations within the Xavier University College of Law and to revoke such recognition;
Revoke recognition of any organization under its jurisdiction when its constitution, rule or practice does not conform to Council or University policies;
Confirm or oppose the appointments of the President in executive positions, in the various committees including the Electoral Commission;
Establish and regulate all student programs;
Allocate or withdraw funding for any student organization or student program of the Xavier University College of Law;
Recommend to the proper University or College officials any action or policy that the Board deems to be in the best interest of the student body.
Establish rules for the operation of its internal business;
To enact legislation pursuant to its powers; and
Debate and pass all other legislation necessary and proper for executing the powers explicitly or implicitly provided to the Board under this Constitution;
Section 9. No provision shall empower the Board to order the Law Student Tribunal to change its internal rules, procedures or practice.
Section 10. All resolutions or bills shall be released to the student body, not later than one week after their passage, by posting on the bulletin board or in any other conspicuous place in the vicinity of the College of Law as deemed appropriate by the Board.

Article VI. THE LAW STUDENT TRIBUNAL
Section 1. All judicial power shall be vested in the Law Student Tribunal of the Association.
Section 2. The Student Tribunal is an independent body that shall be comprised of one Chairman and two (2) members to be elected in the manner provided in this Constitution, and shall hold their offices during their term. No Student Tribunal member may hold any other office in the Association.
Section 3. The jurisdiction of the Law Student Tribunal shall extend to all cases or controversies arising under this Constitution or under legislation of the Board, and to any other areas as provided by the Administration of the Xavier University College of Law.
Section 4. The Law Student Tribunal may, upon petition and approval, exercise jurisdiction over conflicts within or between students, fraternities, sororities and students organizations of the Xavier University College of Law, so long as said conflict is within the jurisdiction of the Law Student Tribunal.


Section 5. The Law Student Tribunal may promulgate rules necessary to carry out its function, provided they are within the rights and authority granted to it by its Constitution.
Section 6. The Chairman shall submit to the Board within 10 days after the first day of classes its recommendations for the Student Tribunal’s budget for each semester. Such funds shall not be withheld when requested by the Tribunal to defray official expenditures.
Section 7. All conclusions and findings of the Law Student Tribunal shall be final.

Article VII. QUALIFICATION, ELECTION AND RECALL
Section 1. Any person holding office under this Constitution must be a bonafide student of the Xavier University College of Law.
Section 2. a. Candidates for the position of President, Vice President, Treasurer and the Chairman of the Student Tribunal must have a residency of not less than two (2) years in the College immediately preceding the day of the election.
b. Candidates for the position of Secretary, Auditor and members of the Student Tribunal must have a residency of not less than one (1) year in the College immediately preceding the day of the election.
c. Residency of one semester shall be equivalent to six (6) months and, for the purposes of meeting the residency requirement, a candidate currently enrolled in a semester is deemed a resident of the College for the entire period of six (6) months.
Section 3. The following persons are disqualified from running for Council Office:
Those previously found guilty by final judgment of malversation, embezzlement or conversion of funds, or of any crime involving moral turpitude in any court, tribunal, quasi-judicial or administrative bodies.
Those with pending administrative or disciplinary case in the University or the College.
Those under Academic Probation, as provided by the rules and regulations of the University.
Section 4. a. The election for the incoming Council Officers shall be held every year not later than the 3rd Monday of February. The official list of voters shall be posted in a conspicuous place within the facilities of the College of Law at least one (1) week before the Election date.
b. Subject to the next preceding paragraph, the ELECOM shall set a reasonable period for the filing of certificates of candidacy. The ELECOM shall post the names of those qualified for the respective positions for which they have filed their candidacy. Provided, that a disqualified candidate may move for a reconsideration of the ELECOM decision, in which case, the ELECOM shall grant a reasonable time to hear and decide the same.



Section 5. a. The President, the Vice President, the Secretary, the Treasurer, the Auditor and the Student Tribunal Chairman and members shall be elected at large in a college-wide election to be conducted by the ELECOM.
b. The election shall be conducted by secret balloting.
c. Proclaimed winners shall be those candidates who have obtained the highest number of votes as determined and proclaimed by the ELECOM. Provided a single vote is sufficient for candidates running unopposed.
Section 6. The Electoral Commission pursuant to rules promulgated by the Board shall administer all elections. Any member of the ELECOM who is a candidate shall be deemed resigned and shall not participate in the preparation of the ballots, nor the collection, tabulation or certification of votes cast during the election in which he is a candidate.
Section 7. When the Electoral Commission is satisfied as to the validity of the election results, they shall post the results within a reasonable period. Absent a timely objection, this posting shall be deemed a final Certification. After Certification, the ELECOM Chairman shall transmit notice of such Certification to the Council at the following Council meeting.
Section 8. a. The Electoral Commission shall exercise original jurisdiction over controversies arising under the election rules, and shall exercise such remedies as it deems appropriate, including, but not limited to, invalidation of the election.
b. Decisions of the Electoral Commission regarding controversies involving rights and questions of constitutionality are subject to review by the Law Student Tribunal.
Section 9. a. The Power of Recall for loss of confidence shall be exercised by the members of the Association.
b. Recall of any Council Officer shall be officially initiated upon the filing of a written petition duly signed by at least one-third (1/3) of the total number of the members of the Association, with the Electoral Commission.
c. The ELECOM shall post copies of the petition in a public or conspicuous place for a period of not less than five (5) days and not more than seven (7) days. After the lapse of such period, the ELECOM shall facilitate the election on recall applying the applicable provisions of Article VII.
d. The election on recall shall not be later than 15 days after the filing of the petition. The officer to be recalled shall automatically be considered as a candidate.
e. No officer shall be a subject of Recall more than once every term of office.

Article VIII. IMPEACHMENT AND VACANCIES
Section 1. Persons holding office under this Constitution may be impeached and removed for malfeasance, misfeasance, or nonfeasance, or any other inappropriate actions or behavior which may compromise the official’s position.
Section 2. a. Signature of at least one-third (1/3) of the full membership of the Board is required to ratify an article of impeachment.

b. A notice of impeachment of any officer, other than the President or Vice President, shall be forthwith served upon the President who shall direct any member of the Board to serve the notice of impeachment upon the person charged.
c. The article of impeachment must set forth with particularity the charges levied against the person charged. It must also state the names of those bringing the complaint.
d. Upon service of the notice, the accused person shall have fourteen (14) days to prepare for defense against the charges before the full Board.
Section 3. The Board shall convene to consider the merits of the charges. No person shall be removed from office without the concurrence of two-third (2/3) of the members of the entire Board, but judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor or trust, in the Association of Law Students.
Section 4. In an impeachment process and the consequent trial against the President and/or the Vice President, the Chairman of the Law Student Tribunal shall be the presiding officer and in such capacity perform the duties of the President in the proceedings.
Section 5. Vacancies of office under this Constitution, with the exception of the office of the President, may be filled by any person nominated by the President and confirmed by a majority of the full membership of the Board.
Section 6. Should vacancies in the offices of the President and Vice President occur simultaneously, a special election should be called within one week to elect their successors. In the intervening time, the officer chosen by the full Board from their membership shall serve as Acting President.

Article IX. TERM OF OFFICE
Section 1. The term of office of all elected Council officers shall be one (1) year from the date of their election. Provided that such officers shall continue to hold office until their successors shall have been duly elected and qualified.
Section 2. No council officers shall serve for more than two (2) consecutive terms in the same position. Voluntary renunciation of office for any length of time shall not be considered an interruption in the continuity of service, for the full term for which the Council officer concerned was elected.
Section 3. No resignation shall be effective unless in writing and submitted to the President or Vice President. The resignation of the President may be accepted or approved by at least two-thirds (2/3) of the incumbent Council officers.
Section 4. Any member appointed to an office to fill a vacancy from impeachment, resignation, death or permanent incapacity shall serve only the unexpired portion of the term of his predecessor.




Article X. MEETINGS
Section 1. a. The Association shall meet regularly once every semester and shall be referred to as the General Assembly Meeting. These assemblies shall be held not later than the third Friday following the start of classes for every semester unless for valid reasons a different date is set by the Council.
b. All other meetings of the Association shall be referred to as the Special Meetings. A Special meeting may be called for by the President and in his absence by the Vice President or by at least one-third (1/3) of the members of the Council Officers, or upon written petition of at least one-fourth (1/4) of the members of the Association.
Section 2. a. The Law Student Council shall meet regularly at least once a month. Special meetings may be called for by the President or by a majority of all the members of the Council.
b. The President shall preside over all Council meetings.
Section 3. a. The Board shall convene regularly at least once a month at the facilities of the Xavier University College of Law during the academic year with no less than five (5) class-days prior public notice as to the date, time, and place of said session.
b. Upon concurrence of five (5) voting members of the Board, a special session may be called which may not occur without three (3) class-days prior public notice as to the date, time, place and subject of said special sessions.
Section 4. a. Attendance of one-fourth (1/4) of the regular membership of the Association is required to constitute a quorum; and
b. Attendance of majority of the officers is required in order to conduct any business in the Council or the Board.
Section 5. All meetings shall operate under Robert’s Rules of Order, latest edition, unless otherwise inconsistent with the Constitution or the Association by-laws, or under any other fundamental rules of procedure as may be deemed appropriate.

Article XI. THE DIRECTORATE
Section 1. The Directorate shall serve as a consultative body composed of the Council Vice President as head and convening officer and at least one (1) representative from each sorority, fraternity, and academic or non-academic organizations in the College of Law.
Section 2. The Directorate shall serve as a venue for the promotion of the interests and objectives of the various sororities, fraternities and organizations in the College, ventilation of their concerns as well as the coordination of their programs and activities.
Section 3. Members of the Directorate shall hold office for a term of one (1) year. They may hold office until their successors shall have qualified.
Section 4. The Directorate shall meet at least twice in a semester unless the convening officer duly calls for a special meeting.
Section 5. The Directorate may make formal recommendations or proposal in writing to the Council coursed through the President for appropriate action.


Article XII. THE ELECTORAL COMMISSION (ELECOM)
Section 1. There shall be an Electoral Commission (ELECOM) composed of a Chairman as appointed by the President, and four members as appointed by the former.
Section 2. The ELECOM Chairman must be appointed by the President on or before the first General Assembly Meeting of the Association for each school year.
Section 3. a. No Chairman shall be appointed to the ELECOM unless he has a residency of at least two (2) years in the College.
b. No member shall be appointed by the Chairman unless he has a residency of at least one (1) year.
Section 4. The ELECOM Chairman and members shall hold office for one (1) year. They shall hold over until their successors shall have been qualified.
Section 5. The ELECOM is an independent body and shall exercise the following duties:
Conduct all elections, plebiscite, referenda and recall proceedings which may be called or petitioned for;
Decide all questions and contests pertaining to elections, plebiscite, referenda and recall proceedings, including the qualifications of nominees and candidates in accordance with this Constitution and other existing legislation.
Promulgate internal rules and regulations necessary for a free, honest, clean, and orderly conduct of all elections, plebiscite, referenda, and recall proceedings.
Section 6. The funds declared by the ELECOM as necessary to defray the expenses for the holding of regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the semestral appropriations and once approved by the Board shall be released automatically upon certification by the Chairman of the Commission.

Article XIII. GENERAL PROVISIONS
Section 1. Following the Regular Elections in February, as soon as the identities of the new Council Officers are known and not later than two (2) weeks after the end of the school year, the outgoing President shall schedule a meeting between the outgoing Officers and the new Officers. At this meeting, the outgoing Officers shall educate their successors on the duties and responsibilities of their positions. All funds, relevant paperwork and office keys shall be surrendered to the new officers at this time.
Section 2. The Council may resolve to form organizations and societies for debate, sports and other extra-curricular activities. The Council may provide for relative autonomy of these bodies, but shall retain supervision over them. Such societies shall be open to all members of the Association.
Section 3. The Council shall have one (1) moderator, who shall be nominated by the Association President from among the faculty members of the College of Law, and confirmed by the Council upon a majority vote by all the officers during its first regular meeting.


Section 4. The Council may, by a two-thirds (2/3) vote of all officers and by confirmation of majority of the votes cast in a referendum called for the purpose, adopt a new name for the Association, an official seal, motto, or an anthem, which shall be truly reflective and symbolic of the ideas, history and tradition of the Association.
Section 5. Except for matters requiring otherwise, a simple majority vote shall be sufficient to decide issues before the Council and its entities.

Article XIV. AMENDMENT AND REFERENDUM
Section 1. This Constitution may be amended or revised by student referendum, as provided below.
Section 2. A referendum may be presented to the student body upon two-thirds (2/3) vote of the full membership of the Board, or upon petition bearing the signatures of at least two-thirds (2/3) of all members of the Association.
Section 3. A student referendum must be conducted not less than two weeks after they are requested, unless said referendum specifies a later date.
Section 4. A referendum shall be deemed passed if no less than one-third (1/3) of current Association members participate in the referendum, and no less than two-third (2/3) of those students vote in favor of said referendum.
Section 5. No amendment within a period of one (1) year, and no revision within three (3) years shall be introduced to this Constitution after the date of ratification.

Article XV. TRANSITORY PROVISIONS
Section 1. The regular election of officers under this Constitution shall be held not later than the third (3rd) Monday of February 2008.
Section 2. All incumbent officers, unless incapacitated, shall continue to hold office until the end of their term or until elected successors shall have qualified.
Section 3. All existing policies, rules and regulations, not inconsistent with this Constitution shall remain operative until amended, repealed or revoked.

Article XVI. EFFECTIVITY CLAUSE
Section 1. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.