Article V. The University Student Government

There shall be only one University Student Government, hereinafter referred to as USG, NEUST regardless of the number of the campuses and/or colleges/department.

The USG shall have three branches, namely: The Executive Branch, The Legislative, and the Judicial Branch.

The USG Executive Branch shall be the implementing body of programs, policies and services of the USG. It shall be composed of the President, Vice President, Governor and Vice Governor of the different colleges/campuses and members of the USG Management Cabinet such as:

1. Executive Secretary
2. Presidential Spokesperson
3. Record and Property Custodian
Chairperson of the following commissions:
4. Commission on Finance and Accounting Services
5. Commission on External Affairs
6. Commission on Student Welfare and Development
7. Commission on Sports Development
8. Commission on Environmental Development
9. Commission on Culture, Literary, and Arts Development
10. Commission on Communication and Information Dissemination
11. Commission on Infrastructure Development
12. Commission on Health and Insurance Services
13. Commission on Scholarship
14. Commission Technical Services
15. Commission General Services
16. and other commissions that may be established as the need arises.

The University Student Government President shall have the power to control and to supervise the Executive Branch. He should ensure that the law and other policies promulgated by competent authorities are faithfully executed.

The President of the University Student Government shall:

1. Be its Chief Executive Officer;
2. Preside over all the meetings of the Executive Branch;
3. In case of failure to elect the Governor and/or Vice Governor in a Department/Campus, the President has the power to appoint the said officials in accordance with the qualifications for elected positions in accordance with the NEUST Election Code and subject to concurrence of Committee on Appointment;
4. Sign all resolutions, communications and papers of the USG;
5. Represent the USG in his/her official capacity as President during occasions and events where NEUST students need representation;
6. Be the Student Body representative in the University Administrative Council, University Board of Regents and other bodies as the case may be;
7. Perform such other duties as may be necessary in the performance of the functions of his/her Office for the welfare of the students.

The USG Vice President shall:

1. Assist the President in all matters where his/her assistance is required;
2. Preside over the meeting of Executive Branch in case of absence or incapacity of the President;
3. Take over the functions of the President in case of vacancy for the reason of his/her death, resignation, removal, suspension, illness, graduation, transfer of school, failure to enroll, failure to continue studying, physical or mental incapacity or his failure to qualify for office;
4. At the discretion of the President, the Vice President shall be eligible for appointment in any of the departments created in this Constitution and By Laws.
5. Perform such other duties as may be necessary in the performance of the functions of his/her Office for the welfare of the students.

The President and Vice President shall not, during their tenure, hold any other elective office in any political unit of the USG. They shall likewise not hold any position in any Non-Political Student organization and in the official Student Publication of the University.

The President and the Vice President shall be elected by direct votes of students in all campuses of the university.

The President shall appoint the Executive Secretary, Presidential Spokesperson, Finance Officer, Auditing Officer and the Records and Property Custodian not later than two weeks after the assumption of office.

If a temporary vacancy exists in the Office of the President, the Vice President shall assume the position until the resumption of the incumbent, and if a permanent vacancy exists, the Vice President shall assume the position for the remainder of the unexpired term.

Whenever there is a vacancy in the Office of the Vice-President during the term for which he/she was elected, the President shall nominate a Vice-President from among the Members of the House of Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Assembly, voting separately.

However, if the Vice President is ineligible to act as the USG President, the Senate Chairperson shall assume the position, if not qualified, the Speaker of the House shall assume the position as USG President. Nevertheless, if he/she is ineligible as well, the Student Judicial Magistrate as the case may be shall assume the office of University Student Government. In case said officers are ineligible to act as officer-in-charge, the Executive Branch composed of the Governors of all the Colleges and Campuses shall together convene and appoint a qualified student as officer-in-charge to ensure the continuous operation of the Office of University Student Government. As counterpart of the USG, LSG, with the local counterpart of the positions here in mentioned, shall likewise adopt the same manner of filling up the seats for vacant position.

There shall be a Local Student Government for every college/campus which shall serve as the major political subdivision of the USG and shall be further subdivided into College/Department/Year Level Mayor/s. The officers of Local Student Government who are not elected shall be appointed by the Governor. Names of the appointees shall be submitted to the University Student Government two weeks after the proclamation of the Governor. This shall also pass through the Committee of Appointment of the Legislative Branch.

In case of the Local Student Government with two or more colleges/departments/year level the Class President/s shall elect their College/Department/Year Level Mayor among themselves. Said College/Department/Year Level Mayor, shall serve as the representative of the college/department/year level to the LSG.

In case any program or activity which will require the participation of a campus as a whole, a campus without centralized government shall elect their Chairperson among the incumbent Governors. For this purpose, all the Governors of the said campus/es shall convene and elect their Chairperson.

The President, Vice President, and the Senator of USG, and the Governor, Vice Governor, and Legislative Representatives of the Local Student Government shall be elected by the direct vote of the students at the concerned college/campus of the University. The Class Presidents shall be elected by the direct vote of class members of the concern section.

Policies, rules, regulations, and programs approved by the Local Student Government shall be in accordance with the USG Constitution and shall likewise be subject to the approval of the USG President.

The Local Student Government and Confederations of College/Department Mayor of different colleges and campuses shall, subject to the preceding section, enjoy autonomy in the management of their own internal affairs and in the implementation of their respective programs and activities. The Local Student Government and Confederations of College/Department Mayors shall work hand in hand with the USG and University and are required to implement programs and projects in conformity with this Constitution and by Laws.

The term of office of the USG, Local Student Government officers and College/Department Mayors, will be for one year starting at noon of June 1 and end at noon of June 1 the following year.

The legislative power of the USG is vested on the USG Legislative Branch, hereinafter referred to as the Assembly, except to the extent reserved to the student by the provision on initiative and referendum.

The Assembly shall be composed of eight (8) USG Senators (should be elected through university wide election), a minimum of one (1) and a maximum of four (4) LSG Representatives (pro-rata basis of 1:600 students) elected from a particular colleges/campuses, and six (6) representatives from Non-Political Student Organization to represent the different categories of each organizations namely; Academic Organizations, Religious and Spiritual Organizations, Sports Organizations, Literary, Cultural and Arts Organizations, Community Outreach Organizations and Gender Equality Organizations. Each category of non-political student organizations must have representatives which shall be desig-nated by the Federation of Non-Political Student Organization.

The USG Senators shall be distributed to represent the campuses of the NEUST. Each campus namely: Sumacab Campus, GT Campus, San Isidro Campus, Gabaldon Campus, Fort Magsaysay Campus, Atate Campus, NEUST North Campus and NEUST South Campus. Each campus shall secure one seat in the House of Senate.

The Assembly shall have a Senate Chairperson who will the elected senator with the highest number of votes from the university wide election.

The University Student Government Legislative Branch Officers shall have the following duties and responsibilities:

1. The Senate Chairperson shall:

   1. Preside over all meetings of the Legislative Branch.
   2. Represent the Legislative Branch in his/her official capacity as Senate Chairperson on occasions and events where the Legislative Branch needs representation.
   3. Perform such other duties as may be necessary in the performance of the functions of his/her office for the welfare of the students.

2. The USG Senator/s shall:

   1. Author bills that could benefit the whole University.
   2. Represent and spearhead their respective committees under the Legislative Branch.

   3. Head or serve in the following committees in the Legislative Branch and discharge their respective duties and responsibilities:

      1. The Committee on Environmental Development shall handle all matters related to conservation, preservation and protection of the environment.
      2. The Committee on Sports Development shall handle all matters related to the promotion of sports development.
      3. The Committee on Student Welfare and Development shall handle all matters regarding the welfare, development, conduct, rights, safety and reputation of the students.
      4. The Committee on Education, Arts and Culture Development shall handle all matters regarding promotion of educational development and preservation of culture and arts.
      5. The Committee on Gender Development shall handle all matters promoting gender equality and equity.
      6. The Committee on Finance and Appointment shall handle budget-related concerns and confirmation of the officials appointed requiring confirmation of the Committee on Appointment.
      7. The Committee on Accountability and Transparency and Constitutional Amendments, Revision of Codes and Laws shall handle all matters related to accountability, transparency and amendments of the constitution and other related rules and policies.
      8. The Committee on Science and Technology shall handle all matters related to promotion and development of science and technology.
   4. Perform such other duties as may be necessary in the performance of the functions of his/her office for the welfare of the students.

3. The LSG Representative/s shall:

   1. Author bills that could benefit their colleges/campuses or the whole University.
   2. Represent the different colleges/campuses under their respective committees.
   3. Perform such other duties as may be necessary in the performance of the functions of his/her office for the welfare of the students, not contrary to the USG Constitution and University rules and regulations.

4. The Non-Political Student Organization Representative/s shall:

   1. Author bills that could benefit their respective organizations or the whole University.
   2. Represent different organizations under the following categories: Academic Organizations, Religious and Spiritual Organizations, Sports Organizations, Literary, Cultural and Arts Organizations, Community Outreach Organizations and Gender Equality Organizations.
   3. Be chosen by the officers of the Federation of Non-Political Student Organizations from among the officers of the respective organizations as above stated.
   4. Perform such other duties as may be necessary in the performance of the functions of his/her office for the welfare of the students, not contrary to USG Constitution and University rules and regulations.

No Senators or Representatives shall hold any other office in any political unit of the USG, non-political organization or the official student publications of the University.

Exceptions shall be made for those who are representing the various sectors who can retain the position in the sector which they represent.

The Assembly may penalize its members for disorderly behavior or negligence of duty, and, with concurrence of two-thirds (⅔) of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty (60) days. Respondents in such proceedings shall have no right to vote.

A House of Senate shall be composed of the eight (8) elected Senators to be led by the Senate Chairperson. A House of Representatives shall be composed of the College/Campus Representatives and NPSO Representatives to be led by the Speaker of the House. The Speaker of the House shall be elected by the House of Representatives.

All the Representatives shall be equally divided among the eight (8) Senators to compose the respective committees stated in this Constitution.

In passing the bills, the Assembly should act in accordance with the following procedures:

1. The bill shall be proposed by Representatives or Senators.
2. The proposed bill shall be presented to the concerned Committee.
3. The respective Committee shall study and deliberate the proposed title, context, relevance, applicability and objectives of the proposed bill.
4. The concerned Committee shall submit a Committee Report within ten (10) days after receiving the proposed bill. The Committee shall conduct a public hearing as part of the public inquiry process to determine the stand of the students on the proposed bill.
5. This Committee Report shall proceed to the Assembly for voting. In passing the bill, this shall secure 50% + 1 of all the members of the Senate and 50% + 1 of all members of the House of Representatives in the Assembly, voting separately.
6. Bills and policies such as Amendments of the Constitution and By-Laws, and bills which will impose fines and penalties, shall require the approval of the vote of the majority of all members of the House of Senate and House of Representatives, voting separately. The rest of the bills and policies shall require the approval of a simple majority of the members of the House of Senate and House of Representatives present, voting separately, there being a quorum.
7. If one of the Houses of the Assembly, whether House of Representatives or House of Senate, is against the approval of the bill, the Bicameral Committee shall be constituted to deliberate and reconcile the differences between the two Houses. The Report of the Bicameral Committee shall be approved by both Houses in accordance with the immediately preceding section.
8. The Bicameral Committee shall be composed of nine (9) members; five (5) coming from the House of Senate and four (4) coming from the House of Representatives. The Senate Chairperson and the Speaker of the House shall be automatic members of the Bicameral Committee, and the other members shall be elected by their respective Houses.
9. If the Assembly approves the bill, this will be forwarded to the Office of the USG President for his/her approval. Once approved, the USG President shall endorse the law/policy/bill to the Office of the University President for implementation.
10. The veto power of the USG President can be exercised if he/she disapproves the bill in toto or any of the items therein. The portions not covered by the veto of the USG President shall have the force and effect of a law. The USG President shall thereafter return the vetoed bill to the Senate within a period of ten (10) days for their appropriate action.
11. Inaction on the part of the USG President on the proposed bill within a period of fifteen (15) days from receipt shall be considered as deemed approval.
12. The veto power of the USG President can be overridden by two-thirds (⅔) votes of the members of the House of Senate and two-thirds (⅔) votes of the members of the House of Representatives. The bill or the portions of the bill vetoed by the President shall have the force and effect of a law after being overridden by the Assembly.

The Assembly, during their first session, shall adopt their internal rules of procedure on the conduct of their sessions. They shall likewise elect the committee chairmanship and members by majority vote. These rules of procedure shall comprise the rules of parliamentary procedures.

The judicial power shall be vested in one University Student Judicial Court and in such lower courts/divisions as may be prescribed by this Constitution and By-Laws.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the branch or instrumentality of government.

The Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts/divisions but may not deprive the University Student Judicial Court of its jurisdiction over cases enumerated in Section 38 hereof.

No law shall be passed reorganizing the judiciary when it undermines the tenure of its members.

The University Student Judicial Council shall be composed of the Student Chief Magistrate and twenty-two members, each coming from colleges and campuses, who are recommended by their respective LSG Governors and shall be appointed by the USG President. The Student Chief Magistrate will be elected by the existing twenty-two appointed members. If there is any vacancy, the Governor shall immediately endorse a new Student Associate Magistrate.

The University Student Government Judicial Branch shall have the following duties and responsibilities:

1. The Student Chief Magistrate shall:

   1. Be the Head of the University Student Judicial Council.
   2. Preside over all meetings of the University Student Judicial Council.
   3. Monitor the different student judicial divisions of different campuses and colleges of the University Student Judicial Council.
   4. Perform such other duties as may be necessary in the performance of the functions of his/her office for the welfare of the students, not contrary to USG Constitution and University rules and regulations.

2. The Student Associate Magistrates shall:

   1. Address the concerns of the students under their student judicial division requiring the exercise of the judicial functions.
   2. Report to the Student Chief Magistrate all the cases and the results of the proceedings conducted by the USJD.
   3. Refer to the Student Chief Magistrate cases which were not successfully mediated within a period of ten (10) days from such failure.
   4. Perform such other duties as may be necessary in the performance of the functions of his/her office for the welfare of the students, not contrary to USG Constitution and University rules and regulations.

The University Student Judicial Council shall have the following powers:

1. To receive complaints from any student against another student or group of students.
2. To receive complaints from other persons or group of persons against a student or group of students concerning acts committed within the University premises.
3. To conduct a preliminary conference for purposes of discussing the possibility of amicable settlement among the parties. If the conciliation proceedings fail, the SJC shall conduct reception of evidence or require the parties to submit position papers in order to ascertain facts for purposes of drafting appropriate recommendations to the Student Discipline Board.
4. To receive complaints from any student or group of students against any employee of the University. The Judicial Council shall reach out to the subject employee and invite the parties for a conference for purposes of conciliation proceedings. In the event that the conciliation proceedings fail, or the subject employee refuses to participate, the Student Judicial Council shall forward the complaint to the Office of the President of the University for appropriate action.
5. To hear and decide on all matters pertaining to election protests against elected USG or LSG.
6. To decide on matters concerning issues among different branches or subdivisions of the USG which are capable of judicial review.
7. To declare unconstitutional, upon proper petition, any legislative measure or law enacted by the Legislatures for being contrary to the Constitution or any law of the land.
8. To submit a report of their accomplishments to the USG and OSAS as may be required.

There shall be University Student Judicial Divisions (USJDs) which shall be created for every college and campus and which shall be headed by the appointed Student Associate Magistrate.

The following shall be the respective exclusive jurisdictions of the USJC and USJDs:

1. For complaints of any grounds for disciplinary action as provided for under Chapter 3 of the 1990 CLPC Student Manual involving students coming from different academic units/campuses or against officers of the USG or its equivalent, or any members of the USJC/USJDs, the complaint shall fall within the jurisdiction of the USJC; provided, however, that should any member of the USJC become the subject of the complaint, the same shall be filed with the highest forum which, as provided for under the 1990 CLPC Student Manual, is the NEUST Student Discipline Board.
2. For complaints involving students belonging to the same particular academic unit/campus against officers within the same department/campus or its equivalent, the complaint shall fall within the jurisdiction of the USJDs.

The University Student Judicial Court/Division Associate Magistrate shall have a term of one year to commence from the date of his/her appointment and shall end upon appointment of a new Associate Magistrate.