Republic of the Philippines ST.

MARYS COLLEGE OF TAGUM COLLEGE OF LAW Tagum City MARIAN ORGANIZATION OF LAW STUDENTS CONSTITUTION AND BY-LAWS

PREAMBLE We, the bonafide students of the St. Marys College (SMC) College of Law, imploring the aid of the Almighty God, in order to establish a student government that shall truly embody our ideals and aspiration, promote the common good, welfare and interest, enhance and develop our potentials and ensure to ourselves a sense of independence under the rule of law, justice, freedom, love, equality and peace, do hereby ordain and promulgate this constitution. ARTICLE I GENERAL PROVISION Section 1 - This constitution shall be known as the Constitution of the MARIAN ORGANIZATION OF LAW STUDENTS (MOOLS). Section 2 - This Constitution governs the Supreme Student Organization of SMC, College of Law. ARTICLE II NAME AND DOMICILE Section 1 The highest governing body of SMC College of Law studentry shall be officially known as the MARIAN ORGANIZATION OF LAW STUDENTS (or MOOLS). Section 2 - Its main office shall be located within the premises of the SMC main campus. ARTICLE III DECLARATION OF PRINCIPLES AND OBJECTIVES Section 1 - The MOOLS upholds the supremacy of the Philippine Constitution as the expression of the sovereign will of the people and as the supreme law of the land. Section 2 The MOOLS believes in the educational vision and mission of St. Marys College. Section 3 - The MARIAN ORGANIZATION OF LAW STUDENTS aims to:

a. strive for excellence in academics as well as in practical skills as future lawyers; b. promote unity and harmonious relationship among all people; c. enhance personal and professional development; d. establish support system to the members who will be taking the Bar exams. e. develop conscientious leadership abilities; f. usher in the use of beneficial advance technologies; g. promote and participate in activities beneficial to the members and to the community: h. uphold and apply the Marian values with dedication and commitment. ARTICLE IV MEMBERSHIP Section 1 - The MOOLS shall be composed of all bonafide students of SMC, College of Law. Section 2 - A compulsory membership fee of PhP 100.00 shall be collected upon enrolment every semester with a corresponding official receipt and is nonrefundable. Section 3 - Membership shall be terminated automatically upon separation from the College.

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ARTICLE V RIGHTS AND PRIVILEGES OF MEMBERS Section 1 The following shall be the rights and privileges of every member: a. b. c. d. e. f. to enjoy freedom of expression and injury; to have his/her grievances or complaint heard and speedily addressed; to exercise his/her right of suffrage; to be informed of all undertakings and activities of the MOOLS and the right to participate therein; to examine all reports and financial statements and other related documents; to propose resolutions and motions and to cast his/her votes. ARTICLE VI DUTIES AND OBLIGATION OF STUDENTS Section 1 It shall be the duty and obligation of every student to follow, obey, protect and uphold the Constitution and ByLaws of the MOOLS, and SMC College Code/Student Manual. Section 2 - It shall be the duty of every student to exercise his/ her rights and duties accordingly. Section 3 - It shall be the duty of every student to attend and participate in all meetings and activities conducted by the MOOLS and the College. ARTICLE VII COMMON PROVISIONS Section 1 - The term of office of the President, Vice President, Secretary, Treasurer, Auditor, Business Manager, PIO and the Senators shall commence immediately after their induction which will be held on the third (3rd) Saturday of March and one (1) year thereafter, and will end on the same date of their induction. Section 2 - The quorum of the MOOLS Officers to transact business shall be a simple majority, i.e., 50 % + 1. Section 3 - The MOOLS shall have an official gazette or website initiated by the PIO. ARTICLE VIII THE MARIAN ORGANIZATION OF LAW STUDENTS A. COMPOSITION OF OFFICERS Section 1 - The Composition of the set of Officers of the MOOLS shall be divided into three (3) bodies: 1. 2. Section 2 Executive body Legislative body

3. Judiciary body The Executive body shall be composed of the following officers elected at large. a. President b. Vice President c. Secretary d. Treasurer e. Auditor f. Public Information Officer g. Business Manager Section 3 - The Legislative body, otherwise known as the Senate shall be composed of eight (8) senators. Every year level shall elect two (2) senators who will represent in the senate. Section 4 - The Judiciary shall be composed of all class VicePresidents. They shall elect among themselves a presiding Justice. Their powers and functions shall be defined through senate resolution duly approved by the MOOLS President.
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B. GENERAL POWERS AND DUTIES Section 1 - All powers and governance as entrusted by the students shall be vested on the MOOLS. Section 2 - The MOOLS shall be the sole legitimate representative of the students body to the school administration and other recognized entities on all matters affecting the interest, welfare of the studentry. Section 3 - It should pass resolutions, manifestos and position papers in matters that help advance the cause of which the MOOLS stands for. Section 4 - The MOOLS shall have the power to impose disciplinary action upon its erring officers in accordance with the provisions on impeachment. Section 5 - It can conduct inquiries on any matters or issues affecting the studentry in aid of legislation. Section 6 - It shall endeavor to unite and consolidate each rank to advance collective welfare and interest of studentry. C. QUALIFICATIONS OF MOOLS OFFICERS Section 1 - Every candidate of the MOOLS must be a bonafide student of SMC and have at least one (1) semester residency in this college before the general election. However, the student who had resided in the college for at least a semester that had stopped for reason other than transferring to other school, college or university and has reenrolled in the SMC at the time of election shall be considered qualified. Section 2 - Any student shall be illegible to run for the office of the President and VicePresident and Senators provided that, at the time of election; a. b. He is carrying an academic load at least ten (10) units, At least one (1) year residence in this college for senators who are not first year, in which case residency is not required; and two (2) years residence for President and Vice-President. D. DUTIES AND POWERS OF MOOLS OFFICERS Executive Body Section 1 - President a. S/he shall be elected at large; sessions; c. d. S/he shall sign in any and all such payments, contracts, letters, resolutions and other obligations in the name of MOOLS; S/he shall have the power to veto any decision of the legislative body which is against the welfare of the MOOLS. e. S/he shall evaluate regularly the performances of his officers; f. g. h. i. j. k. S/he shall keep members and officers of the organization fully informed and consult freely with them or with the adviser of the MOOLS concerning the affairs and the activities; S/he shall automatically be the representative of the policy - making body of the college; S/he approves all disbursement of student funds; S/he creates special committees or assign additional task to the MOOLS Officers as the need arises; S/he calls special or urgent meeting as the need arises; S/he represents the body on any administrative transactions;
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b. S/he shall preside in all meetings and general assemblies except in legislative meetings or

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l. Section 2 a. b. c. d. Section 3 S/he performs such other functions called by his/her office. S/he shall be elected at large; S/he assists the President whenever the need arises; S/he assumes the office of the President in case of incapacity, resignation, impeachment or permanent vacancy of the latter; S/he presides on the Senate meetings or sessions; e. S/he represents the legislative body to the general assembly. Secretary a. b. c. d. e. f. g. S/he shall be elected at large; S/he shall attend meetings of the government and keeps journals of minutes of each proceeding and records of the MOOLS; S/he attests all proclamation of the executive orders, resolutions or motions signed by the President; S/he shall send notice to the Officers three (3) days prior to the meetings; S/he shall prepare a semestral report for the MOOLS President; S/he shall forward to the MOOLS President copies of the approved resolutions within seventy two (72) hours after the approval; S/he shall sign and counter sign the certificate of membership, resolution or any documents of the MOOLS government; h. S/he shall be responsible for all the necessary communication; i. Section 4 a. b. c. d. S/he shall make reports on all activities conducted by the MOOLS. S/he shall be elected at large; S/he shall be custodian of all funds of the MOOLS government; S/he shall collect fees, dues, and other financial obligations accruing to the government; S/he shall record all expenditures of the government; government; f. g. h. Section 5 a. b. c. d. e. f. g. Section 6 S/he shall pay and deposit any financial obligations of the government when duly authorized by the President; S/he shall report financial statement of government funds during general assembly duly signed by the auditor; S/he shall prepare financial documents and records available for auditing purposes. S/he shall be elected at large; S/he shall audit all income and expenditure of the government; S/he shall suspend payments, vouchers or any transactions discovered as irregular; S/he shall conduct regular and surprise auditing of the book of accounts of the treasurer; S/he shall ensure that all funds of the government are well spent; S/he shall keep inventory of all properties of the government; S/he shall perform other duties assigned to him/her by the President. Auditor Treasurer

VicePresident

e. S/he shall pay and deposit all funds collected and received in the name of the MOOLS

Business Manager
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a. S/he shall be elected at large; b. c. d. e. Section 7 a. b. Section 8 S/he shall be in charge of the purchase of all facilities and materials needed in the activity of the government; S/he shall submit all receipts of purchase to the treasurer; S/he shall take charge of the program activities that shall be undertaken by the government; S/he shall perform other duties assigned to him/her by the President. S/he shall be elected at large; S/he shall give all necessary information on the affairs and activities conducted by the government. The Senate a. They shall be elected in every year level; b. They shall act as the law making body of the government; c. e. f. g. They shall pass or approve bills and resolutions; In the case of the Presidents veto, the Senate may override it by a two-third ( 2/3 ) votes of its total membership; They shall have the right to create rules, regulations and policies within the government; They may authorize the MOOLS President to negotiate or transact business agreement with any person or entity for the welfare of the government. ARTICLE IX SUSPENSION, EXPULSION AND IMPEACHMENT Section 1 - Any MOOLS Officer may be suspended or impeached from his/her incumbency in any of the following acts. a. b. c. d. e. f. g. h. i. j. k. Culpable violation of the MOOLS Constitution; Dishonesty and disloyalty; Abuse of authority; Oppression in office; Gross negligence of the duty; Graft and corruption; Immorality; Insubordination; Betrayal of the Students trust; Habitual absenteeism without valid reasons from the sessions or meetings; And any other acts as may be defined by the Senate. d. They shall have a sole authority to make appropriation of student funds;

Public Information Officer

Section 2 - Any bonafide student may file a written complaint against any erring MOOLS Officer to the Senate Ethics and Good Governance Committee (EGGC). The complaint must be signed by the complainant and copy of which shall be served to the respondent(s) within three (3) days from the formal filing of the complaint. Section 3 - The Senate EGG Committee shall conduct a preliminary investigation to determine strong and credible evidence otherwise the committee may dismiss the complaint. Section 4 - The respondent officer shall be accorded with due process of law. Section 5 - The EGGC shall hear and decide the case within thirty (30) days upon the receipt of the formal
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complaint. The proceedings thereof shall be duly recorded. Section 6 - A decision to impeach or suspend the respondent must be supported by 2/3 vote of all the officers through the secret balloting. If the penalty is suspension, it must not exceed to thirty (30) calendar days. Section 7 - In case the President is subject to impeachment or suspension, the Presiding Justice shall be the presiding officer during the proceeding. Section 8 - The Presiding Officer of the hearing and/or the proceeding must have no power to vote. Section 9 - The complainant(s) shall have no voting power but have the right to be heard in the proceeding. ARTICLE X VACANCIES Section 1 - As a general rule, law of succession will be applied. Section 2 - Whenever there are simultaneous permanent vacancies in the Office of the President, VicePresident, the remaining Senators shall elect among themselves for the vacant positions until such time that the post shall be filled in through special election to be scheduled immediately by the remaining officers. Section 3 - Whenever there is vacancy in the positions of the Secretary, Treasurer, Auditor, Business Manager and PIO, the President has the power to appoint competent members subject to the confirmation of the Senate through the Committee on Appointment. ARTICLE XI RESIGNATION AND LEAVE OF ABSENCE Section 1 - Any MOOLS Officers who desires to resign or takes the leave of absence must submit a formal letter indicating valid reason(s) for his/her resignation or leave of absence, it should be addressed to the President one week before he/she desires to vacate the position. Section 2 - The resignation or leave of absence of the MOOLS Officers shall be approved by the President. Section 3 a. b. All power, function, papers and documents of the officers who have resigned shall be turned over to the newly appointed officer by the Committee on Appointments. In case an officer shall take the leave of absence for not more than two (2) weeks, the MOOLS President shall temporarily designate an officer to take over his / her position. ARTICLE XII ELECTION Section 1 - The General Election of the MOOLS President, Vice President, Secretary, Treasurer, Auditor, Business Manager, PIO and eight (8) Senators shall be held every second (2nd) Saturday of February. Section 2 - Filing of Candidates and Accreditation of Student Political Parties shall be done on the second (2 nd) week of January through the Commission on Election (COMELEC) and thereafter, the campaign period shall officially start. Section 3 - The election for MOOLS shall be through secret balloting, except for the first general election. Section 4 - All bonafide students of this college with no pending disciplinary action are qualified to vote. ARTICLE XIII COMMISSION ON ELECTION (COMELEC) Section 1 - The COMELEC which shall be created shall take charge of the all plebiscite and election proceedings. Section 2 - The COMELEC shall be composed of five (5) commissioners, who shall be appointed by the MOOLS Officers and confirmed by the Committee on Appointment. The COMELEC commissioners shall elect among themselves a Chairman. Section 3 - The COMELEC rules and regulations shall always be in consonance with the policy legislation of the
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Senate. Section 4 - The COMELEC shall conduct special election in case of permanent vacancy of any office of the MOOLS. Section 5 - In the discharge of its function, the full autonomy and independence of COMELEC must be strictly preserved. Section 6 - Members of the COMELEC shall be ineligible to hold any office in the MOOLS. Likewise, the provision on Article IX (Suspension, Expulsion and Impeachment) shall also be applicable to the members of the COMELEC. Section 8 - The COMELEC, shall receive all protest petition regarding the election which will be in a formal letter and be filed within seventy two (72) hours after the final counting of ballots. Section 9 - The COMELEC may perform other duties and functions incidental to its creation. Section 10 - The COMELEC shall perform quasi-judicial function with regards to violations of the election code as well as all cases of fraud and irregularities in the electoral process. Its decision is final and executory, unless appealed to the judiciary for final resolution. ARTICLE XIV QUORUM AND MEETINGS Section 1 - No MOOLS officers meeting shall be made without a quorum of fifty percent plus one (50% + 1) of its members. Section 2 - Regular Meetings of the Officers: a. b. c. Section 3 a. Executive meetings shall be conducted every 2nd Saturday of the month. Legislative meetings shall be conducted every 1st Saturday of the month. The Executive and Legislative Body shall convene from time to time as deemed necessary. General Assembly meeting shall have a quorum of 50 % of the total population. This meeting shall be held on the Second Saturday of every semester, on the election day and for the purpose of ratifying the amendment to this constitution. ARTICLE XV AMENDMENT AND REVISIONS Section 1- Any amendment to, or revision of, this constitution may be proposed by the MOOLS, sponsored by any officer, or upon 2/3 vote of all Senators. Section 2- Amendment to this constitution may likewise be directly proposed by the students through initiative upon a petition of at least twenty percent (20 %) of the total number of the bonafide students who shall submit the petition to the MOOLS. Section 3 - The MOOLS by a majority vote of all officers may convene itself as a constituent assembly. Section 4 - Any amendment to or revision of this constitution shall be valid only when ratified by votes of a majority cast in a plebiscite during a general assembly called for such purpose. ARTICLE XVI ADVISER OF THE MOOLS Section 1 Section 2 Section 3 S/he must be a regular faculty member with least two (2) years residency in this college. S/he must shall be appointed by the MOOLS President upon the confirmation of the 2/3 votes of senators. The adviser shall have the following duties and powers: a. b. Provide guidance in fulfilling the MOOLSs vision and mission; Sees that the general program and resolution of the government are carried into effect
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General Assembly

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appropriately; c. Assumes office upon notification by the president in his/her acceptance thereof. ARTICLE XVII TRANSITORY PROVISIONS Section 1 - The first general election under this constitution shall be on the June 23, 2012 and the duly elected officers thereof shall assume office immediately. Thereafter the annual election shall be held on the Second Saturday of February and the elected officers shall assume office after the induction which will be held on the Third Saturday of March of the succeeding years. Section 2- The incumbent officers of the two branch of the MOOLS namely; the Executive Body and the Legislative Body shall remain in office until the end of their term on the Third Saturday of March 2013 and /or until the successors are duly elected and qualified. ARTICLE XVIII RATIFICATION AND EFFECTIVITY Section 1- This constitution shall take effect immediately upon ratification by a majority of votes cast in a general assembly constituting a quorum. Duly ratified on the 23rd day of June, 2012 with affirmative votes of all present, 0 negative vote.

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