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

God, in order to build a dynamic and pro-active Xavier University community of academically

excellent, socially committed, and spiritually mature students2, upholding our inherent right to

establish an autonomous student government that shall safeguard our dignity, promote our welfare,

unite the student body, uphold our academic freedom and inspire us to be builders of peace for the

Island of Mindanao and the greater community3, do hereby ordain and promulgate this constitution.

ARTICLE I

NAME AND SEAL

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

Central Student Government of Xavier University – Ateneo de Cagayan. For purposes of tradition

and brevity, it shall be referred to as XU – CSG.

Section 2. The Central Student Government of Xavier University – Ateneo de Cagayan acknowledges

its roots on three leadership aspects of Academic

Excellence, Patriotism and Ignatian Spirituality.

The blue background encircled with dots

represents the harmonious collaboration with the

College Students Councils, which is the lifeblood of

the XU - CSG. The sun against the blue shield is

adopted from the Philippine flag, which embodies

the nationalistic aim for sustainable development

and peace. The eagle, plume and book of St. John

the Evangelist characterize the Atenean value for

Academic Excellence. The wolves and a pot (lobos y olla) on a red-gold-striped

background represent the core values of leadership grounded on the life of St.

Ignatius of Loyola. Superimposed at the center of the seal is the cross, denoting its

regard towards a Christ-centered governance and open to Inter-religious and

cultural dialogue. These altogether are the guiding principles of the XU - CSG for

good governance: Ignatian-based, grounded on Atenean tenets, Christ-centered and

responsive to the needs of the students.4

ARTICLE II

THE STUDENT BODY

1 This proposed constitution limits its coverage only to undergraduate students to be true to its representative system 2 This is in accordance with the 3 C’s (competence, conscience, commitment) 3 This is in reference to being peace builders in this Island where peace remains a core issue 4 Retained

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

citizenship or academic status are members of the student body which is the constituents of the XU

– CSG.

ARTICLE III

DECLARATION OF PRINCIPLES

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

Its officers shall represent its constituents in all university bodies and other association. Its

authority emanates from and is ultimately accountable to the Student Body.

Section 2. The XU-CSG is a democratic and republican government founded on popular

participation, transparency, accountability, student empowerment, synergy and collaboration with

other units of the university and other bodies.

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

Carta of Students’ Rights and Responsibilities in all phases of its affairs and operation.

Section 4. The XU -CSG shall protect and advance the student’s right to quality Ignatian education

through an active participation in curriculum and methodology development, academic policy

making and enhancement of support initiatives.

Section 6. The XU-CSG shall provide basic student services that address the students’ varied

academic and non-academic needs through direct assistance and welfare programs and feedback

the quality of school services and facilities to the administration.

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

student leadership opportunities through strategic linkages, organizational support and

development.

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

contributes to the transformation of Mindanao and the rest of the country through political

education, environment stewardship and community development.

Article IV

THE EXECUTIVE DEPARTMENT

THE PRESIDENT

Section 1. The executive power shall be vested in the President of the XU – CSG. Section 2. No person may be elected6 President unless he/she is a bona fide undergraduate college

student of Xavier University, has good moral character7, has established a residency in the

5 “Bona-fide” is eliminated since it connotes an exclusive qualifier. Bona-fide connotes being enrolled in full units. 6 Elected at large

University of at least One Semester immediately preceding the semester of the election, has not

been held on academic probation and has a year of residency for the following academic-year upon

the day of the filing of candidacy. He must not hold any position in any other student councils or

organization upon assumption to the Presidency.

Section 3. The Powers and Responsibilities of the President:

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

B. Shall enforce the provisions of this constitution. C. Shall update the Student Body of the state of the XU-CSG periodically. D. Shall be responsible for the implementation and evaluation8 of any enactments

he/she approves. E. Shall exercise special powers that are conferred to him/her by the Senate, for

emergency situations requiring immediate intervention outside the normal exercise of the presidential powers.

F. Shall appoint, immediately at the start of his/her term, the heads of the executive units and the Student Rights and Welfare Chief Commissioner, to be confirmed by the Senate. The executive heads and the commissioners shall co-terminate with the President. Should there be vacancies in the executive departments and the Students Rights and Welfare Commission the President shall appoint officers to hold the positions, provided that there is no direct successor to the said commission or department seats.

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

H. Shall convene the Central board within twenty-five days from the beginning of the term of office.

I. Shall be a signatory to all transactions, agreements or contracts entered into by the XU-CSG in behalf of student body with external entities9, upon the concurrence of at least a simple majority of the members of the Senate sitting en banc.

J. May create Departments, Offices or Committees at the start of his term which will implement and coordinate all plans and policies enacted by the Senate and approved by the President.

K. Shall appoint a Head of the Office of Budget and Finance or an equivalent in the Executive Units with the confirmation of the Senate

L. Shall submit the names of the persons he/she wishes to appoint as Heads of the different Executive Units to the Senate for confirmation no later than 15 days after assuming office.

M. May create special committees to respond to certain pressing concerns that need to be addressed immediately.

N. Shall submit to the Senate no later than 40 days after assuming office an appropriations bill, stating the budget of expenditures and sources of financing,

7 This includes not being penalized by suspension in this university or his/her previous university. 8 Implementation and evaluation involves the whole project or program management process. This is different from the function of the legislature which is to oversee if such management process is in line with the declared policies by the senate as approved by the President. 9 These contracts, transactions, or agreements refer only a transaction with persons, juridical or natural outside the jurisdiction

of the university. The agreement is considered null and void unless authorized by the Senate with a simple majority

proposed revenue measures, and the estimated expenditures of each unit or branch of government.

O. Shall address the Senate at the opening of its regular session. He/She may also appear before it at any other time.

THE EXECUTIVE SECRETARY

Section 4. An Executive Secretary shall be appointed by the President to be confirmed by the Senate. He/She shall have the same qualification as the President whom his/her power is solely derived from. Section 5. The Powers and Responsibilities of the Executive Secretary:

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

B. Shall implement presidential directives, orders and decisions

C. Shall monitor the day to day operations of the Executive Department

D. Shall facilitate in the formulation of the GPOA of the Executive Department with the Senate at the beginning of the term of office.

E. Shall enforce all provisions of the Executive Policies

F. May create administrative policies and protocols which will facilitate the smooth flow of various office transactions

G. May endorse certain Executive Policies as proposed by the Department Secretaries and Committee Heads

THE VICE PRESIDENT

Section 6. There shall be a Vice-President who shall have the same qualifications and term of offices and be elected with and in the same manner as the President. He/She may be removed from office in the same manner as the President. Section 7. The Powers of the Vice President:

A. Shall exercise the powers and duties of the President during his/her absence, removal, resignation, incapacity or death.

B. Shall begin to convene the Senate no later than fifteen (20) days upon assuming office.

C. Shall be the presiding officer of the Senate in all forms of formal gathering it conducts.

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

THE DEPARTMENTS, OFFICES AND COMMITTEES

Section 8. A Department is a unit in the Executive Department created by the President with the concurrence of the majority of the Senate as a functional entity that focuses on and addresses specific concerns and needs of the Student Body. Section 9. The Department shall be accorded effective autonomy in the specific formulation, implementation, and evaluation of their general plan of action and internal rules of procedure in accordance with the established policies of the Executive Department. Section 10. An Office is a unit in the Executive Department created by the President as a functional entity that develops and enforces a support system for the formulation, implementation and evaluation of the plan of action of the Departments. Section 11. A Committee is a unit in the Executive Department created by the President as a functional entity created to address a specific but temporary concern or need of the Student Body. Section 12. The members of the Departments, Offices and Committees shall serve for one (1) academic year beginning fifteen days after presumption of office of the President and upon confirmation of the senate. Failure to have the confirmation by the Senate in the stated duration would automatically put them into office.

THE CENTRAL BOARD Section 13. The Central Board shall be composed of the President, and the Presidents of the College Council. The CSG President shall preside over the board’s proceedings. The Central Board may promulgate its own internal rules of procedure. 10 Section 14. The Central Board shall convene monthly or as often as necessary to monitor the proper coordinating and scheduling of the plan of action of the Executive Department of the XU - CSG in accordance with enacted policies of the Senate. Section 15. The Central Board shall have the sole authority to approve or veto any enactment, on valid grounds passed by Senate through a 2/3 votes of the members sitting en banc.

ARTICLE V

THE LEGISLATIVE DEPARTMENT

THE SENATE

Section 1. The Legislative Powers of the XU - CSG shall be vested in the Senate.

Section 2. The Senate shall be composed of one (1) Senator for every College Council who shall be

elected at large by the student body of the College, as may be provided by law, and one (1) Official

Representative from the Extra Curricular Organizations.

Section 3. No person may be elected11 Senator unless he/she is a bona fide undergraduate college

student of Xavier University, has good moral character12, has established a residency in the college.

10

Since the ECB is for coordination purposes only, There is no need to impeach officers purely for being absent in ECB meetings. Absenteeism in the ECB, which is part and parcel of an officer's duties, may however be used as aggravating circumstances in impeaching an officer.

He/she is representing of at least One Semester immediately preceding the semester of the election,

has not been held on academic probation and has a year of residency for the following academic-

year upon the day of the filing of candidacy. He/She must not hold any position in any other student

councils or organization upon assumption to the Senate.

Section 4. Powers and Responsibilities

A. Shall formulate with the XU - CSG President through the Executive Secretary a general plan of action before the start of the academic year for the purpose of prioritizing the enactment of related bills and other legislative actions.13

B. Shall pass all Senate Bills to be enacted and resolved through a simple majority vote of the members sitting en banc.

C. No budget shall be released to any branch or unit of the XU-CSG unless a general appropriation bill is submitted to the Senate by the President which shall be enacted 15 days from its submission. Budget items maybe subsequently adjusted upon request of the unit or branch concerned only through an enactment. If the Senate fails to pass the appropriations bill, the appropriations bill of the previous academic year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Senate14

D. Shall be responsible for the direct monitoring15 of the implementation of provisions in the policy or programs affecting their respective college councils, in close coordination with the executive units.

E. Shall exercise special powers individually or as a cluster, delegated to it by the XU - CSG President for emergency situations requiring intervention outside the normal exercise of their powers in the Senate.16

F. Shall be responsible for the confirmation of the appointments of the heads of the executive units.17

G. Shall appoint an audit commissioner for the incoming XU - CSG administration.

H. Shall be responsible in conducting all investigations18 necessary for the cases of the Senate. Investigations shall take place immediately thereafter the receipt of

11 Elected at large within the college 12 This includes not being penalized by suspension in this university or his/her previous university. 13 This is to ensure that the proposed bills are in lined with the over-all government action agenda. 14 Having a general estimate of expenditures per unit or branch of government is set as a minimum standard by the constitution. It allows the Senate to provide for a law that enumerates the steps in the creation of an appropriations bill. 15 This is the oversight power of the Senate which means they can call on the departments to correct certain actions if they deem it necessary through a resolution or investigation. 16 This power should not abrogate its inherent legislative responsibilities 17

This requires the approval of a simple majority. If an appointee is not approved by the Senate, all his/her actions are null and void. The President should look for another replacement or appeal to the Senate. They are confirmed through a resolution approving such appointment.

the complaint and shall present its findings and recommendations in a written report to the Supreme Constitutional Court no later than fifteen (15) school days upon the start of the investigation. The Senate may conduct a public investigation as it may deem necessary.

I. Shall appoint Student Representatives from the members of the Senate to the standing administration committee.

J. Shall convene their respective College Council Student Representatives no later than fifteen (20) days upon assuming office.

Section 5. Sectoral Representation

A. The Senate shall provide for a system19 of sectoral representation whereby organized

student groups who are least represented20 and engage in an activity unique from the entire

student body are given seats in the Senate to ensure proper and effective representation of

their sectors in the student government’s affairs. The Senate shall provide criteria and

qualifications for recognition21 and shall keep an official roster of duly recognized sectoral

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

B. The Senate reserves the right to determine which student sector are to be granted voting rights. Furthermore, it reserves the right to withdraw recognition of the same with due process.22

Section 6. Enactments and Senate Bills

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

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

which shall be expressed in the title thereof.

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

enactments, unless amended, shall be permanent provisions of the law.23

18 The Senate also inherently possess the power to summon students and student officials except the President and the Justices of the Supreme Court, this is flowing from the principle of respect for a co-equal branch of government. 19 The constitution thus mandates the Senate to pass a law defining the mechanism for the operations of the sectoral representatives. Furthermore the recognition of the sectoral representatives shall also be based on the provisions of the current University Student Handbook. 20 This requires that in order for a sector do be recognized, they are in a position where it has varied and legitimate concerns but lacks immediate means to address these concerns to the administration. This may include scholars, extra-curricular organizations, student assistants, athletes, students with special needs and other sectors to be determined by law. 21 It is inherent that the requirements for recognition should be in line with the vision and principles of the Central Student Government 22 This allows flexibility in terms of allowing new sectors into the senate as well as withdrawal when the senate sees that such sector has no need for representation in the senate. All should be conducted with due process.

D. Every Bill shall be signed by the Central Board for approval. Otherwise, the board shall

veto it and may be overridden within five (5) days after the veto by a vote of at least 2/3 of

the Senate, sitting en banc. If the board fails to sign or communicate the veto within 15

school days, the enactment shall become a law as if it had been signed.

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

printed copies thereof must be distributed to all the members of the Senate a day before its

passage, except when the Central board certifies that it is necessary to expedite the

immediate enactment to meet an emergency.

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

the vote, thru yeas and nays and the affixation of signatures thereon, shall be logged in the

journal immediately thereafter. Enactment and Resolution policies and guidelines shall be

determined further by the Senate.

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

Constitutional Court as provided in this Constitution without the concurrence or its advice.

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

President, or upon the request of the Senate, to appear before and be heard by the body on any

matter pertaining to their departments. Should there be imminent queries, written questions must

be submitted to the Convener at least a day before the scheduled appearance. The questioning is

not limited to the written questions; interpellations shall be honored as long as it covers matters

related thereto.

Section 10. The members of the Senate shall serve for a term of one academic year, which

shall begin on the noon of the 31st day of March and shall end at the same date the year after.

ARTICLE VI

THE STUDENT SUPREME COURT

Section 1.The judicial power of the Central Student Government shall be vested in one Student Supreme Court. Judicial power includes the obligation of the court to settle actual controversies among students involving student rights24 which are demandable and enforceable, and to ascertain whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch of this Student Government as mandated by the Constitution.

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

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

Section 2. Composition

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

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

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

D. The Student Supreme Court shall have a secretary, appointed by the Chief Justice and shall keep a record of its proceedings.

E. The Student Supreme Court shall have a treasurer, appointed by the Chief Justice, and shall be responsible over financial records and liquidation reports.

Section 3. Qualifications

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

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

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

Section 4. Powers and Responsibilities

A. To sit en banc, hear, try and resolve by a simple majority of the Justices who took part in the deliberation on the issue and voted thereon within fifteen days, any complaint25 involving the constitutionality, legality or jurisdiction of the acts, policies and enactments of any official or unit of Central Student Government as well as violation of student rights.26

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

C. To summon Central Student Government officials or members of the student body.27

25 The Court can only acquire jurisdiction on a controversy when there is a complaint filed and such complaint are held to be sufficient in form and substance. 26 A complaint is needed to enable to Court to commence the trial and acquire jurisdiction to settle the controversy. 27 The Court can summon any student to testify for a trial or to aid in the making of the recommendation for the university discipline committee

D. To independently recommend the suspension, expulsion, non-graduation or other disciplinary action to the University Discipline Committee or its equivalent for students it has found guilty of any impeachable or recallable offense or violation of student rights.28

E. To reprimand or cite in contempt any Central Student Government official or entity29

F. The Court shall enhance, support, and sustain the consciousness and involvement of the XU students in the promotion and preservation of this constitution.

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

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

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

J. To promulgate rules concerning the protection and enforcement of academic rights, pleading, practice, and procedure. Such rules shall provide a simplified procedure for the speedy disposition of cases and shall not diminish, increase or modify academic rights.

Section 5. All Financial Records and Liquidation Reports of the Student Supreme Court shall be preserved and be open to the public in accordance with the law, and such books shall be audited by the Commission on Audit.

Section 6. The members of the Judiciary shall serve for a term of one academic year, which shall begin on the noon of the 31st day of March and shall end at the same date the year after.

ARTICLE VII

THE COLLEGE COUNCILS Section 1. The College Councils shall be the local-level student government for each of the undergraduate Colleges of the University Section 2. The respective College Councils shall enjoy their autonomy in the areas concerning traditional college activities, internal operations, finances and membership. Section 3. The officers and members of each College Council shall maintain powers vested upon them by their respective charter and consistent with the provisions of this constitution.

28 A complaint is not needed (thus the modifier “independently”) to enable the Court to submit its recommendation. It can do so on its own course and investigation. 29 The Court can do these actions without the need of a complaint when such actions are in its face a violation of the law. This is an inherent power of the court anchored in self-preservation.

Section 4. The Executive President of the Central Student Government shall exercise general

supervision over local governments, which shall be composed of the College Councils and

Student Organizations.

Section 5. Local government units shall have a just share, as determined by the University

Administration, in the appropriation of funds which shall be automatically released to them.

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

abolished, or its jurisdiction and autonomy substantially altered, except with the knowledge

and approval of the respective College Deans, Chairpersons, and the Office of

Student Affairs, as stipulated in the University Policy.

ARTICLE VIII

THE COMMISSIONS

Section 1. To perform specific functions as defined by this constitution, the three autonomous

Constitutional Commissions: Electoral Commission, Commission on Audit and Student’s Rights

and Welfare Commission, are hereby created.

Section 2. Electoral Commission

A. The Electoral Commission (ELECOM) shall enforce and administer all laws and regulations

relative to the conduct of an election, plebiscite, referendum and recall.

B. The Electoral Commission shall be composed of the Chief Commissioner, and the Deputy

Commissioners which are the ELECOM heads of the different College Councils.

C. The Electoral Commissioners must not have been a candidate for an elective position

preceding academic year and shall be non-partisan.

D. The Chief Commissioner shall be appointed by the outgoing Executive President of the

preceding year.

E. Secretary to the Commission, if any, shall be appointed by the Chief Commissioner with the

concurrence of the members of the commission. He/She may act as the official bookkeeper

on both financial and other records of the commission.

F. The Commission shall exercise exclusive jurisdiction over all contests relating to the

election and qualifications of all elective officials. The decisions, rulings, or orders of the

commission shall be final. Appeals shall be addressed to the Student Supreme Court only on

the grounds of unconstitutionality and grave abuse of discretion.

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

location of polling places, and appointment of election officials and inspectors as defined by

the XU-CSG Election Code.

H. Register, after sufficient publication, political parties and organizations. These parties

and/or organizations must present their platform of governance. No religious organization,

parties seeking achievement of goals through violence or unlawful means, or refuse to

uphold and adhere to this Constitution, shall be registered.

Section 3. Commission on Student’s Rights and Welfare

A. The Commission on Student’s Rights and Welfare shall be composed of the Chief

Commissioner, Associate Commissioner(s), and College Deputy Commissioners.

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

Senate.

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

Presidents.

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

the consent of the Senate

E. The commission on Student’s Rights and Welfare shall be responsible for the pursuance

and strict observance of the XU Magna Carta of Student’s Rights, Responsibilities, and

Welfare by all parties concerned.

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

the provisions embraced in the Magna Carta.

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

the Magna Carta. The commission must conduct the inquiry in a period of fifteen (15) days,

after which it must submit its findings to the president. In cases where the commission finds

the complaint valid, it shall have the power to declare that such a violation was done and

shall require the XU-CSG President to consult with and seek redress from the proper

university body in addressing the complaint. The reports, complaints and findings must

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

presented to the commission before another inquiry may transpire.

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

consent of the XU-CSG President, to any disciplinary board which affect student rights and

welfare.

Section 4. Commission on Audit

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

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

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

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

consent of the Senate.

D. The Audit Commissioner and Audit Secretary must not have been a candidate of or an

elective position receding academic year and shall be non-partisan.

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

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

F. The commission may coordinate with the Junior Philippine Institute of Accountants or its

equivalent for auditing or validating all financial transactions entered into by the XU-CSG

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

report for the XU-CSG President to act upon.

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

conduct of any audit.

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

create its own techniques or methods for a transparent accounting and auditing process,

and must at all times adopt the generally accepted accounting principles.

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

XU-CSG President, Senate Convener, and the Chief Justice. A copy must also be given to the

Press Relations Officer, or its equivalent, to be posted mid-yearly in all the University

information boards for the guidance of its Constituents.

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

President and the other offices of the XU-CSG.

Section 6. The Electoral Commission and the Commission on Students’ Rights and Welfare shall

decide by a simple majority vote of all its members in any case or matter brought before it

within five (5) days from the date of its submission for decision or resolution.

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

practice before it or before any of its offices. However, such rules shall not diminish, increase, or

modify substantive rights.

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

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

ARTICLE IX

ELECTORAL PROCESS

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

of the XU-CSG Omnibus Election Code.

Section 2. The election for the positions of President and Vice-president must be held no earlier

than two months and no later than one month prior to the end of the regular school year. The

elections of the college councils and students organization officers must also be held within this

period.

ARTICLE X

FINANCE AND BUDGET

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

Judicial Departments as well as to the Electoral Commission and the Students Rights and

Welfare Commission.

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

each enjoy five (5) percent allocation of funds from the total XU-CSG budget of the two semesters

respectively or as may be provided by law.

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

observe fiscal autonomy and enjoy two (5) percent allocation of funds from the total XU-CSG

budget of the two semesters of the whole academic year or as may be provided by law.

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

and enjoy five (5) percent allocation of funds from the total XU-CSG budget of the two semesters of

the whole academic year or as may be provided by law. The appropriation and provision of funds

may be adjusted thru an enactment, provided that the proposed budget revision shall be not lower

than the allocation of the preceding year.

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

financial records and financial reports, as it shall be preserved and be opened to the public.

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

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

parties.

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

the Senate. Section 9.. The head of the Office of Budget and Finance30 or its equivalent shall be the custodian of funds of the XU –CSG, and shall be the cosignatory with the President of any financial transactions entered into by the XU-CSG. He shall ensure that such budget is in accordance with the general appropriation law enacted for the academic year. He shall not sign the project and budget proposal when it is not in accordance with the general appropriations law.

30

By clear mention of the Constitution, the office of budget and finance is a constitutional creation just like the commissions thus it cannot be dissolved through law or executive order but only through constitutional amendment. However, its internal structure and system is subject to president control and supervision.

ARTICLE XI

ACCOUNTABILITY OF THE OFFICERS

Section 1.XU-CSG officers including its College Council officers must at all times be accountable to

the members, serve them with paramount dependability, honesty, loyalty, and competency, and do

all with justice.

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

Student Supreme Court, the members of the Commissions, the elected31 members of the Senate, the

College Council President and elected College Council Officers less in rank than the Council

President may be removed from office, on impeachment or suspended on the following grounds:

A. culpable or wilful violation of this constitution;

B. gross incompetence

C. gross misconduct

D. neglect of duty

E. malversation of funds

F. conduct unbecoming of a student leader

G. misrepresentation of duties and responsibilities in any organization or gathering within and

outside the campus

H. academic deficiencies acquired in the duration of his/her term

I. grave abuse of authority

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

officials stated in preceding article except elected College Council Officers less in rank than the

Council President. 32

A. A verified complaint for impeachment may be filed by any member of the Senate or by any

student or student group.

B. Upon finding probable cause33, the Senate shall initiate and conduct, within fourteen (14)

school days, a trial for the impeachment of the said official.34

31

This makes the sectoral representatives out of the scope of impeachable officials 32 This makes all position below the College Council President impeachable through their respective College Council legislative bodies.

C. The Senate shall submit its findings and recommendations of dismissal, suspension, or

impeachment to the Review and Recognition Committee or its equivalent excluding the

student members of the committee.

D. All parties involved shall be given a chance to be heard; evidence shall be presented for the

Review and Recognition Committee or its equivalent excluding the student members of the

committee to decide on the merits of the case.

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

members of the Commissions and other elected officials shall be automatically removed from

office when suspended twice.

Section 5. The College Council’s elected officers except the Council President, the members of its

Commissions, Legislative Body, and Judiciary, shall be under the jurisdiction of their respective

Councils’ Legislative Body as provided for by law.

ARTICLE XII

VACANCIES AND SUCCESSION OF POWERS

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

this Constitution, shall be one (1) year, starting from the noon of the 31st of March and shall

end at the same date the year after.

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

shall give a copy of its audited financial statement and a record of office inventory to the

incoming administration.

Section 3. In cases of vacancies in the Executive Presidency, the Executive Vice-President shall

assume the position of the Executive President without prejudice to his responsibilities as

Executive Vice-President and presiding officer of the Legislative Body. The members of the Senate

shall elect among themselves a new convener whom shall be referred to as Senate President pro

tempore.

33 Probable cause means that the facts and circumstances would lead a reasonably prudent man to believe that the person committed such offense or violation. As a body, the Senate shall vote if probable cause exist based on the complaint 34 This supplements Article V, Sec 4, H

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

the Senate shall assume the functions of the two positions as an Ad Hoc body, without prejudice to

their responsibilities as members of the Senate and heads of their respective College Councils. The

Ad Hoc Body shall be responsible for calling a special election for the two positions left vacant.

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

accordance to the hierarchy, the president shall appoint officer(s) to fill the vacant seat(s). The

Senate may also call for special elections, however with the approval of the President and the

Judiciary.

ARTICLE XIII

AMENDMENTS

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

a Constituent Assembly supported by at least ten percent of the total student population of

Xavier University. A Constituent Assembly shall compose of representatives from all the College

Councils, who are special delegates to specifically and solely address the amendment in congress.

Section 2.Any amendments to, or revision of, this constitution shall be valid when ratified in a

plebiscite by a simple majority of the members of the XU – CSG as defined in Section 1 of article III

of this Charter; provided, however that at least fifty (50) percent of its members cast their votes

in the plebiscite.

ARTICLE XIV

TRANSITORY PROVISIONS

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

majority of the votes cast by the members of the XU-CSG as defined in Section 1 of Article II of

this constitution.

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

constitution of the XU-CSG.