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Title.
This enactment shall be known and cited as the 1996 Local Government Code of the
Central Student Government.
Section 2
Declaration of Policy
a. It is hereby declared the policy of the Central Student Government that its
political subdivision (College Councils and co-curricular organizations) shall
be part and parcel of the whole system of governance to enable them to fully
participate in the CSGs decision making process, and thus making them
potent and effective partners in the attainment of the CSGs goals and
objectives. Toward this end, the CSG shall provide for a more responsive and
accountable government structure instituted through a system of
centralization of programs and devolution of powers where Councils and
student organization shall be given substantial powers, authority,
responsibilities, and resources.
This process shall proceed from the Central Government to the College
Councils and lastly, to the student organizations.
It is also the policy of the CSG to ensure the accountability of other
government units through the institution of effective mechanisms of
auditing.
b. It is likewise the policy of the CSG to require all College Councils to conduct
periodic consultation with the CSG and their respective constituent before
any project or program is implemented in their respective jurisdiction.
Section 3
Section 4
Scope of Application
This code shall apply to all College Councils, co-curricular student organizations and
to some extent, other pertinent student offices which are accountable to the
studentry which in this case, are the Crusader Yearbook and the Publication. The
Publication shall still enjoy all the privileges granted it by Republic Act 7079
(Campus Journalism Act) and by its charter. The Yearbook Office shall continue to be
governed by the Yearbook Charter. However, as part of the CSGs police power, both
shall be covered by auditing procedures which shall be extensively discussed in
Title Three (Local Fiscal Administration).
Section 5
Rules of interpretation
In the interpretation of the provisions of this, Code, the following rules shall apply:
a. the general welfare provisions of this code shall be liberally interpreted to
give Councils and student organizations an upper hand in accelerating the
welfare and interest of their respective members,
b. councils and student organizations shall maintain rights, obligations, powers
and functions vested upon them by their respective charters and consistent
with the provisions of the CSG Constitution,
c. in case of further doubts, any resolution or measure that empowers the
Council to collect funds from its members shall be construed strictly against
the Council or student organization enacting it, and liberally in favor of the
paying members,
d. in case of further doubts, the 1994 CSG Constitution remains the final
recourse to settle all disputes arising from the interpretation of this code.
Chapter 2 General Powers and Attributes of College Councils and Student Organizations
Section 6
Section 7
Section 8
General Welfare
Every Council and student organization shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers and those which are
essential to the promotion of the general welfare. Within their respective
jurisdictions, councils and student organizations shall ensure and support, among
other things, promote safety and health enhance the right of student and teachers
alike to balanced ecology, maintain peace and order, and preserve and advance the
welfare and interest of the students.
Section 9
(ii)
Conformity of the Council and the Student Organizations activities with CSG
Programs
The student council shall initiate and implement activities that are in conformity
with the needs and objectives of the student government. The Directorate shall
formulate with the CSG President a General Program of organizations shall be also
responsible for the direct implementation and area of jurisdiction, in close
cooperation with the CSGs executive units. (Sec2.2b, Art. 6 1994 CSG
Constitution)
Section 12
resources and assets for productive, developmental, and welfare purposes, in the
exercise or furtherance of their functions and thereby ensure their development
into self-reliant organizations and active participant in the attainment of the CSGs
goals and objectives.
Section 13
Section 14
ARTICLE ONE The Central Student Government and the Local Government Units
Section 16
ARTICLE TWO Relations of the College Council with the Co-curricular Organizations
Section 19
Powers
The extent of authority of the Council President over the co-curricular organizations
be that of supervision only to ensure that their acts are within the scope of their
prescribed powers and functions.
ARTICLE THREE Inter-Council/Co-curricular Relations
Section 20
Section 21
Common Provisions
a. Authority to create Local Government Units (LGUs) A council may be
created by a Directorate enactment after receipt of a petition; subject to such
limitation and requirements prescribed in this rule.
b. CreationI.
The creation of a council shall be based on the following verifiable
indicator of viability and project capacity to provide services;
i.
Membership which shall be the total number of members
within jurisdiction of the council being created.
II.
Compliance with the foregoing indicators shall be attested by the
University
Registrar.
c. Plebiscite
I.
I. No creation of councils shall take effect unless approved by a
majority of the votes cast in a plebiscite called for the purpose in the
Local Government Unit or LGUs directly affected. The plebiscite shall
be conducted by the CSG Electoral
Commission (ELECOM) within
30 days from the effectivity of the enactment prescribing such
action, unless said enactment fixes another date.
II.
The CSG ELECOM shall conduct an intensive information campaign
in the LGUS concerned at least ten (10) days prior to the plebiscite.
The ELECOM may seek the assistance of the CSG information agency,
the Crusader Publication, and other interested parties.
d. Beginning of Council Existence when a new council is created, its existence
shall commence upon the qualification and election of its president and a
majority of its officers, unless some other time is fixed by the enactment
creating it.
e. Procedure for Creation or Conversion
1) Petition interested parties shall submit the petition, in form of a
resolution
requesting the creation of a college council, and
furnish copies thereof to the OSA, CSG President, the original College
council, and to the CSG Directorate.
2) Comments to the Petition the OSA, the original college council and
the CSG President shall submit to the directorate its comments and
recommendations on the petition for the creation of the proposed
college council.
3) Documents to support petition the following documents shall be
attached to the petition for creation.
a. Certification by the University Registrar as to the population
of the proposed Council;
b. Charter
c. Such other information that the petitioners may deem
relevant for consideration in the petition. All costs incurred
in the production of the required documents shall be borne
by the petitioning organization or party.
TITLE TWO: ELECTIVE OFFICIALS
Chapter 1 Qualifications and Election
Section 22
Qualifications
As prescribed by the 1995 Omnibus Election Code of the XU-CSG, the following
qualifications shall apply:
a. Qualifications for Elective Positions. No student shall be allowed to run for
an elective position unless he /she satisfies the requirements.
b. Candidates holding Appointive Office. Any person holding an appointive
position or elective office in the CSG executive, in the directorate, or in the
college council and co-curricular organizations who is seeking for reelection
for higher level of office, shall resigned from his/her office upon the
application for candidacy.
c. Certificate of Candidacy. No person shall be eligible for any elective office
unless he/she:
c.1. Files a sworn certificate of candidacy within given time.
c.2. Undergoes a pre-election seminar on the new CSG structure and its
basic systems and laws which will be conducted by the CSG
Constitutional Commission (ConCom).
Section 23
Disqualifications
The following persons are disqualified from running for any elective position:
a. Those removed from office as a result of violations identified in Section 1,
Article IX of the 1994 XU-CSG Constitution.
b. b. Those who are running for the same position which disallow two
consecutive terms.
c. Those with administrative cases filed with office of Student Affairs.
Section 24
Manner of Election
All electoral processes shall be referred to the 1995 Omnibus Election Code of the
XU-CSG.
Section 25
Term of Office
a) The term of office of all CSG elective officials elected after the effectivity of
this Code shall be one (1) year, starting from noon of June 1 or such other
date as may be provided for by law. Provided, That all CSG elective officials
shall serve until noon of June 1, a year after.
b) No CSG elective official shall serve for more than one (1) term in the same
position. Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of service for the full term
for which the elective official concerned was elected.
Chapter 2 Vacancies and Succession
Section 26
Permanent Vacancies in the Offices of the CSG President, and Vice President
The rules that shall apply in this matter shall be Article X of the 1994 XU-CSG
Constitution.
Section 27
Section 28
powers, duties, and functions of the said local chief executive, subject to the
limitations provided in subsection (c) hereof.
Chapter 3 Disciplinary Actions
Section 29
Section 30
Section 31
Notice of Hearing
a. Within seven (7) days after the administrative complaint is filed, the
ConCom shall require the respondent to submit his verified answer within
seven (7) days after receipt of such answer of the respondent.
b. When the respondent is an elective officer of a student organization, such
hearing and investigation will be conducted in the place where he renders or
holds office. For council officers, the venue will be the Council office.
c. However, no investigation shall be held within fifteen (15) days prior to any
election and no prevented suspension shall be imposed prior to the fifteenday period immediately preceding elections, it shall be deemed
automatically lifted upon the start
of aforesaid period.
Section 32
Preventive Suspension
a. Preventive suspension may be imposed:
1) By the ConCom, if the respondent is a Council elective officer
2) By the Council President, basing on the decisions of the ConCom if
the respondent is an elective officer of a co-curricular organization.
b. Preventive suspension may be imposed at any time after the issues are
joined, when the evidence of guilt is strong, and given the gravity of the
offense, there is great probability that the continuance in office of the
respondent could influence the witnesses or pose a threat to the safety and
integrity of the records and other evidence; Provided, that, any single
preventive suspension of officers shall not extend beyond thirty (30) days:
Provided, further, that in the event that several administrative cases are filed
against an elective official, he cannot be preventively suspended for more
than thirty (30) days within a single year on the same ground or grounds
existing and known at the time of the first suspension.
c. Upon the expiration of the preventive suspension, the suspended elective
officer shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him, which shall be terminated
within sixty (60) days from the time he was formally notified of the case
against him. However, the delay in the proceeding of the case is due to his
fault, neglect, or request, other than the appeal duly filed, duration of such
delay shall not be counted in computing the time of termination of the case
d. Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.
Section 33
Section 34
Administrative Appeal
Decisions in Administrative cases may, within fifteen (15) days from receipt thereof,
appealed of the following:
a. The XU-CSG ConComs Chief Commissioner. Decisions of the Chief
Commissioner shall be final and executory.
An appeal shall not prevent a decision from becoming final or executor. The
respondent shall be considered as having been placed under preventive suspension
during the pendency of an appeal in the event he wins such appeal.
Scope
This title shall govern the conduct and management of financial affairs, transaction,
and operations of local government units shall be governed by the following
fundamental principles:
Section 36
Fundamental Principles.
The financial affairs, transactions, and operations of local government units shall be
governed by the following fundamental principles:
a. Council and student organization SOFs shall be spent solely for
governmental organizational purposes;
b. Every officer of the local government unit whose duties permit or require
the possession or custody of local funds shall be property bonded, and such
officer shall be accountable and responsible for the said funds and for the
safekeeping thereof;
c. Local governments shall formulate sound financial plans, and the local
budgets shall be based on functions, activities, and projects, in terms of
expected results;
d. Local budget plans and goals shall, as far as practicable, be harmonized with
the CSGs plans, goals, and strategies in order to optimize the utilization of
resources and to avoid duplication in the use of fiscal and physical
resources.
e. Councils shall ensure that their respective budgets incorporate the
requirements of the four committees and other units and provide for
equitable allocation of resources among these component units; each
committee head shall submit a budget proposal with project descriptions for
his Committee to the Council President;
f. The local government units shall endeavor to have a balanced budget in each
fiscal year operation.
Chapter 2 Local and Other Special Funds
Section 38
Depository Accounts
Local treasurers shall maintain depository accounts in the name of the
organization, or the council with banks. Earnings of each depository account
shall accrue exclusively thereto.
Section 39
Section 40
Section 41
Section 42
B. General Approach
1. Identify all the funds and the Person-in-charge.
2. Trace the balance per count to the balance per record.
3. List unusual items for discussion with appropriate P-I-C.
4. If funds are deposited in the bank, obtain bank confirmation.
5. Check clerical accuracy of statements prepared.
6. Check if the statements are presented in the standard form.
7. Give suggestions for better internal control.
8. If receivables are present, determine whether receivables have been
properly classified and described in the Balance Sheet.
9. Submit a consolidated report for the CSG President to act upon.
Section 43
Section 44
Section 45