22 January 2014 TO: ALL Undergraduate Students of DLSU ALL USG Units The LaSallian Ang Pahayagang Plaridel

FROM:

Mr. JOSE MIGUEL V. MORENO President, University Student Government (AY 2013-2014) Issuance of Presidential Pardon for Ms. MARIA GABRIELA G. CERVERO, USG FOCUS 2012 Legislative Assembly Representative

RE:

Greetings in St. La Salle! This is to formally grant a conditional pardon to Ms. Nia Cervero, USG FOCUS 2012 Legislative Assembly Representative, for the impeachment charged to her for gross negligence of duty as a USG elected officer. The guilty verdict was unanimously decided by the Magistrates while the sanction of impeachment was decided by majority of the Magistrates in the formal hearing held last January 17. As stated in Article IX Section 1.16 in the 2009 USG Constitution which relates to one of the powers, duties and responsibilities of the President , he or she shall be vested with the power to grant presidential pardon to any USG officer found guilty of violation of this constitution and its bylaws by the Judiciary, provided that the pardon is with just cause. Furthermore, LA Resolution 2009-12 on the Guidelines for Presidential Pardon states the description of a presidential pardon as the following: 1. A presidential pardon shall render the offender free from the sanction/s imposed by the Judiciary; 2. A presidential pardon shall be granted upon the sole decision of the President; 3. A presidential pardon may either be conditional or unconditional: a. A conditional pardon imposes a condition which can be fulfilled at the moment of imposition on the offender before the pardon takes effect (i.e. commutation of a sanction - the replacement of a greater amount by a lesser amount);

b. An unconditional pardon restores the state of innocence of the offender as though he/she had never committed the crime upon declaration of the pardon; As the USG President, it is my duty and responsibility to ensure the quality of service being provided by the USG to our constituents. In the same manner, it is also my duty and responsibility to safeguard the rights and welfare of the elected and appointed officers in the USG as they perform their roles and responsibilities in the service of our constituents. In the case of Ms. Cervero, I find that the guilty verdict and the sanction of impeachment given by the Judiciary had insufficient evidence to prove that there was indeed gross negligence of duty based on the following grounds: 1. Attendance in LA sessions is not the only function of an LA Representative as stated in Article XIV Section 5 of the 2009 USG Constitution. 2. In her alleged fourth unexcused absence on October 25, 2013, Ms. Cervero coauthored one of the resolutions that was discussed and eventually passed by the LA that day which fulfills one of the functions of an LA Representative that is to pass resolutions and legislations that are of relevance to the studentry . (Article XIV Section 5.8 of the 2009 USG Constitution) 3. There were inconsistencies and inaccuracies in the documentation of LA matters and concerns such as the LA attendance by the LA Secretariat under the Office of the Executive Secretary (OSEC) which neither Ms. Cervero nor the LA have control over. Ms. Cervero may have been negligent in keeping track of her attendance but this should not be the sole indicator for gross negligence of duty. As part of the current effort and initiative of the USG to clarify its identity and purpose in the University through the proposed amendments in the USG Constitution, it is necessary to clearly define and determine the specific grounds for gross negligience of duty. One possible definition for gross negligence of duty can be the multiple and consistent violations of at least three (3) roles and responsibilities of a USG officer as defined in the USG Constitution and its by-laws. However, I leave the matter with the Legislative Assembly to discuss and decide on. By clarifying the specific grounds for gross negligence of duty, it will further aid the Judiciary to have a more objective interpretation and evaluation in deciding whether a USG officer is guilty of gross negligence of duty or not.

The condition for the pardon to take effect is for Ms. Cervero to issue a statement of public apology addressed to the President, Chief Legislator, Chief Magistrate, College Government of Science (CGS) President, and her batch. The statement should also contain her specific commitments as the LA Representative of FOCUS2012 for the remainder of the academic year. It shall be communicated via email to the aforementioned individuals, the editor-in-chief of each student publication, and in all social media accounts of her batch. Once Ms. Cervero has fulfilled the terms of the condition, she will be officially free from the sanction of impeachment imposed by the Judiciary. As stated in LA Resolution 2009-12 on the Guidelines for Presidential Pardon, a presidential pardon can no longer be revoked once granted. Should you have any concerns regarding the pardon, you may contact me via email at jose_miguel_moreno@dlsu.ph. For your information and guidance. Thank you.

Copy Furnished: (As stipulated in LA Resolution 2009-12 in Part III Section A of the Presidential Pardon Guidelines which states The President shall make his/her formal intention, act, and cause of pardon public to all USG units, student publications, and the studentry by issuing an official statement from his/her office.) 1. Ms. WENDY ANGELINE A. PEAFIEL Chief Legislator USG Legislative Branch 2. Mr. CARLO IIGO V. INOCENCIO Vice President for Internal Affairs USG Office of the Vice President for Internal Affairs 3. Ms. BEATRICE ANNE D. LIU Vice President for External Affairs USG Office of the Vice President for External Affairs 4. Ms. MARIA SOPHIA C. ATAYDE Executive Secretary USG Office of the Executive Secretary 5. Mr. KAYNE LENNARD M. LITONJUA Executive Treasurer USG Office of the Executive Treasurer 6. Mr. JOSE ANGELO C. TIGLAO President USG Arts College Government 7. Ms. KATRINA L. YAP President USG Engineering College Government 8. Ms. JENNELLE M. NOBLEZADA President USG College Government of Business 9. Ms. DARL JACQUELINE M. ORILLAZA President USG College Government of Education 10. Ms. ERIKA FAYE B. JALIJALI President USG College Government of Science

11. Ms. CLARA MONICA A. DE DIOS President USG Computer Studies Government 12. Ms. BEATRICE B. TEODORO President USG School of Economics Government 13. Ms. NIKKA ELIA KIM S. RAMOS President USG Science and Technology Complex Government 14. Mr. CURT RUSSEL L. DELFIN Batch President USG FAST2010 15. Mr. PATRICK DANIEL L. LO Batch President USG FAST 2011 16. Mr. VJOHN DAVID P. DIZON Batch President USG FAST 2012 17. Ms. ISABELLA MARIA M. DAYTO Batch President USG FAST 2013 18. Mr. DANIEL DOMINIC L. CHING Batch President USG 65TH ENG 19. Ms. MARIA ISABEL D. PARCO Batch President USG 66TH ENG 20. Ms. CHARMAINE MIYA B. CHIOSON Batch Vice President/Officer-in-Charge USG 67TH ENG 21. Ms. KIM R. SANCHEZ Batch President USG 68TH ENG

22. Mr. ALONZO MARTIN B. CALEON Batch President USG BLAZE 2013 23. Mr. ANGELO G. SANTIAGO Batch President USG BLAZE 2014 24. Mr. RUPERT JOHN H. LAUREL Batch President USG BLAZE 2015 25. Mr. GABRIEL BASILIO F. OROSA Batch President USG BLAZE 2016 26. Ms. CELINA GRACE D. MANAOIS Batch President USG EDGE 2011 27. Ms. CHRISTELLE H. FRANCISCO Batch President USG EDGE 2012 28. Ms. ANGELA MARELA CARMEN D. JIMENEZ Batch President USG EDGE 2013 29. Ms. NADINE H. NAZAL Batch President USG FOCUS 2011 30. Ms. CHRISTELLE THERESE L. BADILLO Batch President USG FOCUS 2012 31. Ms. KRIZSA MAE S. LUNAR Batch President USG FOCUS 2013 32. Ms. PATRICIA JEAN M. PEREZ Batch President USG CATCH 2T14

33. Ms. AYAMI GAYLE C. LIU Batch President USG CATCH 2T15 34. Ms. GIODEELYN B. ALBAYDA Batch President USG CATCH 2T16 35. Mr. JUSTIN L. PUA Batch President USG CATCH 2T17 36. Ms. KATHLEEN THERESE C. SALUD Batch President USG EXCEL 2013 37. Ms. JANEL FREA T. TUMPALAN Batch President USG EXCEL 2014 38. Ms. MONIQUE THERESE P. MUJER Batch President USG EXCEL 2015 39. Ms. PATRICIA ANGELA MARIE R. RAZON Batch President USG EXCEL 2016 40. Ms. ANGELI CARYCE M. ALVA College Representative USG STC College of Business 41. Mr. KRISTOFFER ROSS E. CRUZ College Representative USG STC College of Computer Studies 42. Mr. NORMAN PATRICK V. SANTOS College Representative USG STC College of Engineering 43. Mr. PAUL JAN B. RODELAS College Representative USG STC College of Liberal Arts

44. Mr. REM JOSHUA T. SERRANO Chief Magistrate USG Judiciary Branch 45. Mr. KEVIN G. CABALLAS Chairperson Commission on Elections 46. Mr. ROWELL NICO S. MACALINO Chairperson Commission on Audit 47. Ms. LIZ ANGELA A. INTIA Editor-in-Chief Ang Pahayagang Plaridel 48. Mr. JUAN STEPHEN R. BATALLA Editor-in-Chief The LaSallian 49. Ms. MARIA GABRIELA G. CERVERO Legislative Assembly Representative USG FOCUS 2012 50. File: University Student Government