Draft of the Revised Student Election Code of DLSU-D

ARTICLE I <adopted> General Provisions

Section 1. Title. This Code shall be known and addressed as the 2008 Revised Student Election Code of De La Salle University- Dasmarias (DLSU-D). <adopted>

Section 2. Applicability. This Code shall govern the Student Electoral Commission (SCE); political parties, candidates and students prior, during and after the election period; electoral process and to the extent appropriate to all plebiscites in the University Student Council (USC) and all College Student Council (CSC). <adopted>

ARTICLE II <adopted> The Student Commission on Election

Section 3. Student Electoral Commission. There shall be an electoral board, which shall be called the Student Commission on Election, hereinafter referred to as the SCE. The latter shall be an independent and an autonomous body. For the purpose of this section, the term independent means free from any encroachment coming from the school administration and other institutional sectors. The term autonomous shall be defined as the state of having limited selfgovernment as defined by this Code. <adopted> Section 20. Funding. Every regular semester, ten (10) pesos per student shall be automatically transferred from USC trust fund to the account of SCE. Additional funding may be requested by SCE for the second semester subject to the approval of USC. <adopted>

Section 4. Composition of the SCE. The SCE shall be comprised of Commissioners, composed of one (1) chairperson, one (1) co-chairperson and seven (7) regular commissioners; Officers, composed of one (1) secretary and one (1) treasurer; College Heads; and Members. <adopted>

Section 5. Manner of Creation of the SCE. The SCE Commissioners shall be identified by the incumbent SCE thirty (30) calendar days before the start of the term of office of the incoming SCE. The guidelines shall be formulated by the incumbent SCE. <adopted>

Section 6. Qualifications of the Commissioners and Officers. The following are the qualifications of a commissioner and officers. No members from the SCE shall be a commissioner or an officer unless 1) He or she must have been a student of the University for at least 1 year immediately preceding the appointment. 2) He or she must have not been found guilty of committing any major offense as defined in the University Student Handbook 3) He or she must have not been found guilty of committing any election offense as defined in this Code. 4) He or she must have obtained a GPA of 1.5 or higher, with no failing grades in any subjects enrolled during the semester immediately preceding the creation of SCE. 5) He or she must not be an officer from any student group recognized by the University 6) He or she must not a member or a supporter, directly of indirectly of any accredited political party of the University. 7) He or she must have fulfilled the SCE technical requirements such as: a. Accomplished application form b. Certificate of Good Moral Character from OSS c. Three (3) 2x2 picture d. Certification of Grades last semester e. Photocopy of registration form f. Formal written parental consent g. Underwent a screening thru a panel interview to be conducted by the incumbent commissioners <adopted>

Section 7. Qualifications of the SCE members. No student shall be admitted from the SCE as a member unless 1) he or she is a bone fide student of the University immediately upon application for membership

2) He or she must have not been found guilty of committing any major offense as defined in the University Student Handbook 3) He or she must have not been found guilty of committing any election offense as defined in this Code 4) He or she must have with no failing grades in any subjects enrolled during the semester immediately upon the application for membership. 5) He or she must not a member or a supporter, directly of indirectly of any accredited political party of the University. 6) He or she must have fulfilled the SCE technical requirements such as: a. Accomplished application form b. Three (3) 2x2 picture c. Certification of Grades last semester d. Photocopy of registration form e. Formal written parental consent f. Underwent a screening thru a panel interview to be conducted by the incumbent commissioners <adopted >

Section 8. Manner of Selecting Commissioners. Any SCE member may become a Commissioner through the following: a. b. c. d. Must be a current SCE Member for at least one (1) academic year Must have complied with Sec 4. of Article II of the Election Code Must have been recommended by an incumbent Commissioner Must get the support of the majority of both the incumbent Commissioners and Members through secret ballot e. Must not have been found guilty of committing any major offense as defined in the University Student Handbook f. Must have not been found guilty of committing any election offense as defined in this Code At no point shall there be more than five (5) commissioners who are graduating during their term of office. A member who is nominated by his fellow members to become a Commissioner but fails to secure a recommendation of an incumbent Commissioner, must obtain a two-thirds (2/3) vote of the members to become a Commissioner. <adopted>

Section 9. Adviser.

a. The SCE shall have an adviser from De La Salle UniversityDasmarias who is a regular full-time faculty member. b. The SCE adviser shall be chosen from among the three (3) nominees submitted by the SCE. The administration through the Dean of Student Services, appoints the adviser. c. The SCE adviser shall have a term of one year, which shall commence on the same date as the term of office of the incumbent SCE. d. The SCE adviser shall have the following functions: d.1 Advise the Student Electoral Commission d.2 Maintain liaison between the SCE and the Administration d.3 Maintain close relations with the SCE and the work in accordance with the goals and principles of the Commission. e. The SCE adviser shall have no voting power in the meetings and deliberations of the Commission. <adopted>

Section 10. Term of Office. The term of office of the SCE shall be for one academic year, its commencement shall concur with the term of office of the USC officers as defined in the 2008 USC Constitution. All commissioners and officers are entitled to reappointment. <adopted>

Section 11. Vacancy. Permanent Vacancy in any SCE position may occur in any of the following circumstances: a. b. c. d. e. Impeachment of any commissioner in accordance with Article Z of this Code; Resignation from office ; Obtaining failing grade during his/her term; Have been found guilty of a major offense as defined in the Student Handbook; and Conviction of any Criminal offense by a regular court;

Likewise, temporary vacancy may occur in any of the following circumstances: a. b. Having an official business of any officer/s, commissioner/s or member/s outside the University; and Filing a leave of absence <adopted>

Section 12. Rules in Filling Up of Vacant Positions. In case of temporary or permanent vacancy of the position of the Chairperson, the co-chairperson shall act or assume the office respectively. In case of temporary or permanent vacancy of the position of the Cochairperson, the seven (7) commissioners shall choose from one of them shall act or assume the office. In case of the permanent vacancy of the position of any commissioner/s, a member shall assume the office upon unanimous consent of all commissioners. < adopted >

ARTICLE III <adopted> Powers, Duties and Responsibilities

Section 13. Scope of the Powers, Duties and Responsibilities. The SCE shall exercise jurisdiction over all matters pertaining to elections, plebiscites and referenda within this Code. <adopted> Section 14. Decisions of the SCE. The SCE may sit en banc or in three divisions, each with three (3) commissioners, and shall promulgate its rules of procedure in order to expedite promulgations of resolutions and decisions, disposition of election cases, including pre-proclamation controversies. All such election cases on the College Council-level shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc, while USC-level issues and cases shall be decided en banc and such decisions shall be appealed to the Magistrate which shall render a decision within five (5) working days upon receipt of the appeal. Issues, petitions, cases and actions that concern or affect political parties, their registration and accreditation, dissolution, disqualification, membership and operations shall be decided in division, of which cases shall be assigned by the SCE Chair through raffle to be conducted regularly in the presence of at least a majority of the Commissioners; Provided, That the assignment of cases shall be made as evenly as possible.

The three (3) SCE divisions shall handle the College Council-level issues and cases, and take charge of its respective Collegiate Electoral Tribunal (?) in the following distribution: a. 1st SCE Division College of Liberal Arts, College of Science, College of International Hospitality & Management b. 2nd SCE Division College of Business Administration, College of Education c. 3rd SCE Division College of Engineering, Architecture & Technology, College of Law Enforcement <adopted>

Section 15. Composition of a Division. Each Division shall be composed of three Commissioners, one of whom shall be the Presiding Commissioner. The Commission en banc shall determine who shall compose a Division. <adopted>

Section 16. Quorum; Votes Required. a. When sitting en banc, five (5) Commissioners shall constitute a quorum for the purpose of transacting business. The concurrence of a majority of the Commissioners shall be necessary for the pronouncement of a decision, resolution, order or ruling. b. When sitting in Division, two (2) Members of a Division shall constitute a quorum to transact business. The concurrence of at least two (2) Members of a Division shall be necessary to reach a decision, resolution, order or ruling. If this required number is not obtained, the case shall be automatically elevated to the Commission en banc for decision or resolution. c. Any motion to reconsider a decision, resolution, order or ruling of a Division, shall be filed within two (2) working days upon receipt of the same and shall be resolved by the Commission en banc. <adopted>

Section 17. Change in Composition; Substitution. The composition of a Division may be changed by the Chairman of the Commission whenever necessary, Provided that no change shall be made more than once every three (3) months; Provided Moreover, that notice thereof in writing shall be furnished the parties in cases pending before the Division concerned.

Whenever there is a vacancy in a Division because a member inhibits himself, is absent, or when a division has only two (2) regular members, the Chairman may appoint a substitute Commissioner, or the Chairman himself may sit as substitute or third member, and in that event he shall preside. <adopted>

Section 18. Powers and Functions of the SCE. For the purpose of ensuring free, orderly and honest elections, the SCE shall: a. Uphold and faithfully implement the Revised Election Code. b. Formulate and promulgate rules, regulations and policies implementing the provisions of this Code or other precedence which the SCE is mandated to enforce and administer. Rules, regulations and policies promulgated by the SCE to implement the provisions of this Code shall take effect immediately upon the concurrence of the majority of the SCE. c. Create a Collegiate SCE that is composed of one collegiate head and members (number depending on the size and need of the college. d. Exercise jurisdiction and decide over all contests relating to all elections, returns, qualifications/disqualification of elective officials and political parties, determination of the number and location of polling places, appoint election officials and registration of voters. e. Penalize or disqualify candidate/s and/or political party/ies. f. Initiate effective measures that would ensure maximum student participation in the electoral process and carry out a continuing and systematic campaign through publications and other media forms to educate the students and fully inform them about elections, procedures, decisions, and other matters relative to the work and duties of the SCE and the necessities of voting. <adopted>

Section 19. Powers, Duties and Responsibilities of the Commissioners, Officers, College Heads and SCE Members A. The Commissioners A.1 The Chairperson shall: Preside all meetings pertaining to the commission Appoint the secretary and treasurer of the SCE upon the concurrence of majority of the commissioners

Enforce this Code, all resolutions if applicable, regulations, and decisions made by the SCE including the election protests, contests or complaints Make sure all SCE officers and members perform their duties and responsibilities Sign all letters of decision made by the SCE Board Delegate tasks or duties to any officers or members of the SCE Perform all other functions and exercise duties as may be provided by this Code A.2 The Co Chairperson shall: Assume office of chairperson in cases of permanent or temporary vacancy Assist the chairperson in all undertakings Perform all other functions and exercise duties as delegated by the Chairperson or as provided by this Code A.3 The seven (7) Commissioners shall each be assigned to a college where they are to preside regarding collegiate electoral concerns except for electoral protests and hearings which is governed by Article III, Section 15. The Commissioners, as one body shall: 1. Entertain all election complaints pertaining to his or her own college jurisdiction 2. Appoint a collegiate head preferably of his or her own choice 3. Penalize or disqualify candidates and/or political parties who violate this Code 4. Perform all other functions and exercise duties as delegated by the Chairperson or as provided by this Code B. Officers B.1 The Secretary shall: take down the minutes of all SCE meetings and hearings prepare communications and keep all pertinent documents perform all other functions and exercise duties as delegated by the Chairperson or as provided by this Code B.2 The Treasurer shall: Collect and receive all incoming funds of the SCE

Prepare the financial statement of the SCE funds on a regular basis and the request for additional funding if needed Supervise all payments, requisitions and the liquidation of transactions Perform all other functions and exercise duties as delegated by the Chairperson or as provided by this Code C. Collegiate Head shall: Air grievances and complaints of their respective college to his or her immediate commissioner Assist in safekeeping of ballot boxes Orient members regarding election process Ensure that members are functioning in accordance with the provisions of this Code Perform all other functions and exercise duties as delegated by the Chairperson or as provided by this Code D. Members shall: Uphold the Election Code at all times Act as representatives of SCE board in the validation of ballots during elections Assist the SCE Board in all SCE-related activities as deemed necessary by the SCE Board Performs all other functions and exercise duties delegated by any of the SCE officers or as may be provided by this Code <adopted>

ARTICLE IV <adopted> Prohibition for SCE Commissioners and Officers Section 20. No SCE Commissioners and officers who have resigned expressly or impliedly from office shall be allowed to run for any elective position in the USC and CSCs in the immediately forthcoming election. If the said commissioner or officer wishes to run for office, it can only be done after the lapse of one (1) academic year from the time of his/her resignation, express or implied. < adopted>

ARTICLE V <adopted> Political Parties

Section 21. Definition of Student Political Party. An organized group of students, duly accredited by the SCE pursuing the same ideology, political ideals or platform of student government chiefly concerned with the recruitment, nomination, empowerment of its members, and seeks to achieve its political goal by legally participating in electoral processes. <adopted> Section 22. Definition of Political Party Members. Bona fide students who are included in the official and documented list of members submitted by the political party to the SCE and duly approved by the latter. <adopted> Section 23. Multiparty System. The SCE adopts a multiparty system. A political party may only apply for accreditation on or before the last working day of July. <adopted> Section 24. Registration of New Political Party. Any political party which seeks to be registered shall file the following: a. A letter of petition for registration b. Party Constitution and by-laws c. Party platform or Program of Government d. Official list of founders e. Certificate of Good Moral of the Founders f. Panel interview by the SCE Commissioners g. Other requirements set by the SCE <adopted>

Section 25. Accreditation of Existing Political Party. Any political party which seeks to be accredited shall file the following: a. b. c. d. e. A letter of petition for accreditation Party Constitution and by-laws Party platform or Program of Government Official list of founders and members Other requirements set by the SCE <adopted>

Section 26. Rights of the Political Parties and Political Party Members. Subject to existing school regulations, every political party and its members shall have the following rights: a. To use the different University facilities for events, seminars, and any school related activity. b. To conduct projects like symposia, seminars, team buildings and any school related activity. c. In accordance with Batas Pambansa Blg. 232 or Education Act of 1982; c.1 The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature. c.2 The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution. c.3 The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law. <adopted> Section 27. Unauthorized partisan activities. Any political party which holds political conventions or meetings in or outside campus to nominate/campaign its official candidates earlier than the period set by the SCE. <adopted> Section 28. Resolution of a Petition for Registration and Accreditation. The SCE shall, after due notice and hearing, resolve the petition for registration and accreditation within five (5) working days from the date it is submitted for decision. <adopted> Section 29. Prohibitions for Registration and/or Accreditation. a. No student group as stated in Section 14 Article II of the 2008 USC Constitution shall be registered as a political party. b. No political party, which seeks to achieve its goal through violence, deceit, fraud, intimidation, undue influence, coercion, and any other acts punishable by law, shall be entitled to registration and/or accreditation. <adopted>

Section 30. Dissolution of a Political Party. Should a political party fail to participate in an election for a year, it shall be considered dissolved. It thereby needs to apply for registration for purposes of the next election. <adopted> Section 31. Disqualification of Political Party/ies. After due notice and hearing, all registered and accredited political parties shall be disqualified on the following grounds: a. Any form of election-related violence committed by the party b. Any form of misconduct which undermines the integrity of the University inside or outside the campus during election period c. Culpable violation of this Code, the USC Constitution, the Student Handbook and other pertinent school regulations <adopted>

ARTICLE VI <adopted> Elective Positions

Section 32. Elective positions for the University Student Council. The elective positions as provided in the Article V Section I of the 2008 University Student Council Constitution which shall be elected at large are the following: a. President b. Vice President c. Secretary d. Treasurer e. Auditor f. Business Manager g. Public Relation Officer (2) <adopted> Section 33. Elective positions for the College Student Council. The elective positions in the College Student Council, which shall be elected by the students in their respective colleges, are the following: a. President b. Vice President c. Secretary d. Treasurer e. Auditor f. Business Manager g. Public Relation Officer (2) <adopted>

Section 34. Other College Council Positions. Any other officer or representative in the College Student Council shall be elected or appointed in a manner acceptable to the college. <adopted> ARTICLE VII <adopted> Eligibility, Qualifications and Proclamation of the Candidates

Section 35. Qualifications for USC Candidates. Students who wish to become USC officers must: a. be a bona fide student of the School and must have at least one (1) year of residency before and after the election b. Carry a minimum load of fifteen (15) units during the semester or as prescribed by the college. However, candidates may appeal to the SCE if their load for the semester is less than (15) units, supported by a valid reason for such underload and certified by their College Dean. c. Have obtained a GPA of 1.5 or higher d. Have no failing grade in any of the subjects enrolled during the semester immediately preceding the election e. Not have been found guilty of committing any major offense <adopted>

Section 36. Qualifications for CSC Candidates. Students who wish to become CSC candidates must. a. be a bona fide student of the college concerned and must have at least one (1) year of residency before and after the election b. Carry a minimum load of fifteen (15) units during the semester or as prescribed by the college. However, candidates may appeal to the SCE if their load for the semester is less than (15) units, supported by a valid reason for such underload and certified by their College Dean. c. As to the GPA requirement, refer to each College Student Councils internal rules/by-laws, pursuant to Article 14 Section 3 of the 2008 USC Constitution d. Have no failing grade in any of the subjects enrolled during the semester immediately preceding the election e. Not have been found guilty of committing any major offense <adopted> Section 37. Requirements for Filing of Candidacy. The candidate shall submit to the SCE the following:

a. Two (2) candidacy forms with two (2) recent uniform copies of 2x2 pictures b. Certification of grades from the registrars office, of the semester preceding the elections c. Recommendation letters from their respective Dean or the Department Chair signed by the Dean d. Program or Platform of Government (for independent candidates only) e. Certificate of good moral character issued by the Office of the Student Services f. Photocopy of the current semesters Registration form g. Formal written parental consent for all candidates of USC and CSCs h. Other necessary requirements set by the SCE to substantiate any of the above mentioned requirements <adopted> Aspiring candidates shall file their requirements personally to the SCE. An evaluation of requirements shall be immediately done upon receipt. <adopted> Section 38. Period of Filing of candidacy. The SCE shall set a ten-working day period for the filing of candidacy. They shall post an announcement opening the period of filing of candidacy in the bulletin board of SCE, USC and the respective colleges for five (5) working days before the aforesaid period. <adopted> Section 39. Proclamation of Official Candidates. The official list of qualified candidates shall be proclaimed by the SCE within five (5) working days after the last day of filing of candidacy. Thereafter, the proclaimed candidates shall undergo a seminar that shall be scheduled and facilitated by the SCE. <adopted> Section 40. Candidates holding appointive office or position. Any student holding an appointive office or position in the USC, CSC, Program Council, Council of Student Organizations and its respective committees, shall be considered ipso facto on leave from his office upon his proclamation as an official candidate to any elective office in the CSC and USC. <adopted> Section 41. Candidates holding elected office. Any elected officer of the USC, CSC and CSO, running for any office which he is holding in a permanent capacity, shall be considered ipso facto on leave from his office upon his proclamation as an official candidate to any elective office in the CSC and USC. < adopted>

ARTICLE VIII <adopted>

Electoral Process

Section 42. Campaign period. The political parties and candidate/s shall be given three (3) calendar weeks to campaign as indicated in the Calendar of Activities set by the SCE. Five (5) working days, prior to the upcoming three (3) calendar weeks of campaign, the SCE shall disseminate information that any form of campaign to promote ones party candidate is being prohibited. <adopted> Section 43. Debates. At the end of each campaign week, upon the discretion of the SCE and in consultation with the candidates for the positions in the USC, the candidates shall meet in a debate, open to the students, in order to articulate their stand or positions on various issues that affect the students, the University and the nation, and to clarify and reiterate their platform of government. The debates are to be organized, administered and moderated by the SCE and its members. The official student publication of the University as well as other recognized student publications shall be granted full access to the debates for the purposes of thorough and effective media coverage of the same. Similar debates could be organized for College Council-level candidates subject to the approval of the SCE Executive Board. No faculty, University administrator or officer, and support staff shall be allowed to participate in the debates except for standing as consultant, resource person or spectator. <adopted> Section 44. Campaign Managers. Any student can serve as a campaign manager of a candidate or a political party provided that he/she has been identified as one by the latter. His/Her name shall be submitted to the SCE. However, he/she is disqualified if he/she is an officer of any group as defined in Section 14 of Article II of the 2008 USC Constitution. The SCE should be duly notified of any changes in the roster of campaign managers. <adopted>

Section 45. Campaign Prohibitions. It shall be unlawful for: a. Any school administrator, faculty member, administrative service personnel (ASP) and support staff, to assist directly or indirectly any political party or candidate

b. Any student group mentioned in section 14, Article II of the 2008 USC constitution to endorse directly or indirectly any political party or candidate. c. Should there be any provision in the rules/by-laws of the aforesaid student groups that run in contrary with the above provision shall be considered null and void. d. Candidate/s and political party/ies to use council funds, facilities and other resources for campaign and other political purposes e. Any student or Political Party to remove, destroy or in any manner deface or tamper with or prevent distribution of allowed election paraphernalia. f. Any candidate to use a persons or groups name without proper approval (it shall be subject to disciplinary actions mentioned in the article.) g. Any student and/or political party to make defamatory/libelous statements/acts against any student and political party involved in the electoral process such as but not limited to the following: oral, written, electronic form directly or indirectly. h. Any political party and candidates to form organization, association, clubs, committees or other groups of persons whether inside or outside of the University for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. <adopted> Any bona fide student, partisan or not, may file a petition which in nature has concern with the prohibition done by a political party/parties to the office of the SCE, whether the act has been done before, during or after the campaign and election period. The SCE, after receiving the petition shall act thereafter and proceed to necessary investigation and trial to prove the credibility of the complaint. <adopted>

Section 46. Election Propaganda. a. Any political party or candidate may hold rallies, student assemblies and other similar political activities within the campus during the campaign period provided that the request has been recommended for approval by the SCE to OSS and the Assistant Vice Chancellor for Finance and Administrative Services (AVCFAS). b. Political parties and independent candidates shall be allowed to do room-to-room campaign provided that:

Permission as requested by political parties and independent candidates to SCE, and approved and endorsed by the OSS and by their respective College Deans. b.2 They shall not exceed the fifteen-minute allowable period for them to campaign in every class. This campaign shall be done in the presence of a member of the SCE authorized as such. b.3 They shall not mention their course unless asked. The SCE shall not be responsible for providing room-to-room campaign schedule for any party or candidate. <adopted> Section 47. Allowed Election Campaign Paraphernalia/propaganda. The following are considered as election paraphernalia by political parties or independent candidates: a. Two (2) streamers or banners per slate with a maximum size of 3x8 ft for each political party which are individually installed <adopted> b. Two (2) party flags with a maximum size of 3x10 ft for each political party or independent candidate <adopted> c. Thirty (30) cartolina-sized posters per slate or its equivalent <adopted> d. Pamphlets, leaflets, cards, stickers, or other written or printed materials <adopted> e. Other forms of election paraphernalia shall include, but not limited to: e.1 e.2 e.3 e.4 Button pins Flaglets Bookmarks Identification cards <adopted>

b.1

f. electronic forms of election propaganda including, but not limited to short-hand messaging (SMS), multi-media messaging (MMS), internet, intranet, all forms of websites, and services, subject to pertinent implementing rules and guidelines as promulgated by the SCE. <adopted>

Election paraphernalia as mentioned in subsections a to e should be checked by the offices which have jurisdiction over the same if they are in accordance with existing university policies. <adopted>

Section 48. Allowable Campaign Expenses. A candidate shall be allowed to spend a maximum amount of three thousand pesos (P3, 000) excluding external sources. Internal sources are those coming from candidate and political parties. External sources are those coming from sponsorship or donations. All candidates and political parties are required to submit a copy of their financial statements within 10 working days after the date of the Proclamation of the Winners. Attached therewith are the financial statements, official receipts and fund report from the external sources should there be any. <adopted>

Section 49. Requirements for Published or Printed Election Paraphernalia. a. Any printed election paraphernalia shall bear and be identified by the words Paid for by or Paid for followed by the true and correct name of the payor and by the words Printed by followed by the true and correct name and address of the printer. b. Prior to the dissemination or posting, the campaign materials shall be counter signed by the SCE, Institutional Communication Office (ICO), SDAO and OSS. <adopted>

Section 50. Prohibited Forms of Campaign Paraphernalia/Propaganda. campaign paraphernalia/propaganda shall be unlawful if it:

Any

a. Does not bear the name of the payor and name and address of the printer as required in Sec.37.a b. Contains the course of the candidate c. Contains defamatory/libelous content against any political party and/or candidate d. Involves the use of logo/name of any outside organization/individual that has not been a donor of the political party and/ or candidate.

Any prohibited election paraphernalia or propaganda shall be immediately stopped, confiscated, or torn down by the political parties/candidates as ordered by the SCE. <adopted>

Section 51. Common Posting Area. All campaign materials or election paraphernalia shall only be posted in areas designated by the SCE. Posting area/s will be announced atleast 5 working days before the campaign period. <adopted>

Section 52. Posting and Distribution of Campaign Paraphernalia. The posting and distribution of campaign paraphernalia shall only be allowed during the designated campaign period. <adopted>

Section 53. Campaign Focus. Messages from candidates and political parties during the campaign shall focus on campus related issues only and not on personalities. <adopted> Section 54. Campaign Violations. Any political party or candidate who violates Section 33, 37. b, 38.c, and 41 of this article shall be subject to disqualification. <adopted>

ARTICLE IX <adopted> Election Proper

Section 55. Voters. a. Qualification of voters. All bona fide students under the jurisdiction of the USC and their respective CSC in this university are entitled to exercise his or her Right of Suffrage. <adopted> b. Disqualification of Voters. Any student who has been found guilty of any election offense as defined in this Code and the student handbook forfeits his or her Right of Suffrage. The SCE reserves the right to determine the degree of the penalty based on the gravity of the offense committed <adopted>

Section 56. Polling Places. There shall be polling places designated by SCE in areas convenient to the voters of a particular college for gathering greater results of voters turnouts. <adopted>

Section 57. Ten-meter Radius Restriction. All candidates, campaign managers and political party members who are not identified as poll watchers are restricted from loitering in the 10-meter radius of the polling places during the election days as designated by the SCE. <adopted>

Section 58. Ballot Boxes. There shall be ballot boxes in each polling place on the conduct of the election that are solidly constructed and secured with a lock and such other safety devices as prescribed by the SCE. The SCE Chair shall take charge of the safekeeping of the ballot boxes at the safest and most convenient place as designated by the SCE. <adopted>

Section 59. Poll Watchers. Each accredited political party and independent candidates shall be entitled to have not more than two (2) watchers in the polling places at a given time. Relievers shall be allowed, provided that the party or candidate concerned submits the list of its scheduled poll watchers for at least (5) five working days before the election. <adopted>

Section 60. Rights and Responsibilities of the Poll Watchers. responsibilities of poll watchers are limited to the following:

The rights and

a. To stay at the polling places and witness the canvassing of ballots at the space designated for them by the SCE <adopted> b. To raise any point of clarification or file a protest provided that the latter abides with the provisions as specified in Sections 95, 96 and 97 of Article X. <adopted>

Poll watchers of political parties and independent candidate/s who fail to be present in such event waive their rights of representation. <adopted> Section 61. Election Period. The election period shall run co-terminus to the term of the SCE commissioners, and officers

Section 62. Election Days. The election schedules for the USC and CSC positions shall be synchronized on the Thursday and Friday of the week before the final examination week for graduating students from eight oclock (8:00) in the morning until five oclock (5:00) in the afternoon for all colleges every school year unless through a resolution, rescheduled by the SCE for some justifiable reasons. < adopted> However, for the College of Law Enforcement (CLE) trimestral program, their schedule of election shall be held on the Saturday immediately after the abovementioned election schedule between eight oclock (8:00) in the morning until twelve oclock (12:00) noon unless through a resolution, rescheduled by the SCE for some justifiable reasons. <adopted>

Section 63. Extension of Elections. Extension of elections shall only be allowed on the following grounds: a. Existence of voters who have not yet cast their votes but are within the five-meter radius of the polling places by five oclock (5:00) in the afternoon. However, such extension shall only be limited for the purpose and shall have a maximum of sixty (60) minutes. b. In cases of fortuitous events: b.1 All political parties and independent candidates must be informed of the extensions made at the soonest possible time b.2 An extension of election shall be held on the succeeding class day after the declared schedule of elections by the SCE if it is limited to one day. b.3 Whenever longer extension/s is/are necessary, the SCE shall convene with the political parties and independent candidates one day prior to the proposed length of extension. <adopted>

Section 64. Voting Process. In matters relating to the manner of election, manual voting is adopted. However, computerized voting may be employed whenever possible.

In the manual voting, a voter shall present to the USCE his or her valid school identification card to confirm that he or she is a bona fide student of the university. The USCE shall confirm the identity of the student through the Master List requested from the Registrars Office. The student afterwards shall be given a blank official ballot to have it filled and thumb-marked. After accomplishing the ballot, the voter detaches the coupon from the ballot and deposits both in the ballot box and coupon boxes respectively. <adopted>

Section 65. Block Voting. The USCE upon consultation with the political parties and independent candidates shall prescribe on the appreciation of block votes. <adopted>

Section 66. Tabulation of Votes. The tabulation of votes shall commence within one (1) hour following the closing of the last Election Day, unless circumstances render it impossible in which case, the SCE upon consultation with the parties (Political Parties and independent candidates) involved, shall decide when to start the tabulation. <adopted>

Section 67. Election resulting in a tie. In case where two (2) or more candidates for a certain position received an equal and highest number of votes, the SCE after receiving this fact in its minutes, shall, by resolution, and upon two (2) - working day notice to all the candidates concerned, hold a special open meeting in which the SCE shall proceed to the drawing of lots between the candidates who have tied and proclaiming as elected, the candidate who may be favored by luck. <adopted>

Section 68. Vote of Confidence. In case where there is only one (1) candidate running for a certain position, the candidate shall be subject to the vote of confidence before being proclaimed as the winner. In the USC and CSC level, the vote of confidence shall be ten percent (10%) of each respective voters turnout. However, this provision is subject to Section 71 of this Code.

Moreover, if such candidate from any of the level mentioned, did not reach the required vote of confidence, the SCE, upon their discretion, shall deliberate and decide en banc on such occurrence within two (2) working days. <adopted>

Section 69. Postponement of Election. When for any serious cause such as violence, natural calamities or any man-made accident, the holding of a free, orderly and honest election should become impossible in any respective councils, the commission, motu proprio or upon filing of a duly signed petition by any interested party or student and after due notice and hearing, whereby all interested parties are afforded equal opportunities to be heard shall postpone the election therein to a date which should be reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than 10 working days after the cessation of the cause for such postponement or suspension of the election or failure to elect. <adopted>

Section 70. Failure of Election. If on account of force majeure, violence, fraud or other analogous causes that the election in the voting places has not been held on the date fixed or has been suspended before the hour fixed by SCE for the closing of the voting, or after the voting and during the preparation of ballots, such election results in a failure to elect and in any of such cases the failure of election would affect the result of the election, the SCE shall, on the basis of a duly signed petition by any interested party and student after due notice and hearing, call for the holding or continuation of the election not held or which resulted in a failure to elect on a date reasonably close to the date of the election not held but not later than ten (10) working days after the cessation of the cause of such postponement and failure to elect. <adopted>

Section 71. Failure of election due to inadequate voters turnout a. Failure to achieve at least ten (10) percent of the total students of a college; b. All candidates for a particular position failing to qualify before the counting of votes or before election day. < adopted>

Section 72. Call for Special Election for a college/class. Any interested political party or student may petition or request the SCE the holding of a special election

(for such vacancy concurs in any of elected position or) for serious cause such as stated in section 44 (postponement to) of this article, and in such cases or events where a college or a class has no chance of voting during the election date set by the SCE by reason of their academics. <adopted> Section 73. Failure to assume office. The office of any official elected who fails to take his oath of office with in a date fixed by SDAO from his proclamation shall be considered temporarily vacant until such time that he/she has finally taken his/her oath of office, unless the cause for such failure is reasonable or beyond his/her control. <adopted>

ARTICLE X <adopted> Election Offenses and Protests

For purposes of penalties for the offenses mentioned herein are considered analogous to major offenses by virtue of Section 16.2 number 29 of the Student Handbook. A. Offenses Section 74. The following are guilty of an election offense on Election days: a. Candidates and/or campaign managers campaigning during election days b. Use of any election paraphernalia and/or propaganda of any political party or candidate c. Candidates and/or campaign managers loitering within the 10-meter radius of the polling place <adopted>

Section 75. Coercion of members. Any Student Council Officer, in any level, including the different student groups as identified in Section 14, Article II of the 2008 USC Constitution, who coerces or intimidates or compels, or in any manner influence, directly, or indirectly, any of his/her members, to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates. <adopted>

Any Student Council Officer, in any level, including the different student groups as identified in Section 14, Article II of the 2008 USC Constitution, who removes or threatens to remove, punishes or threatens to punish, or causing him/her annoyance in the performance of his/her job or in his/her membership, any member for disobeying or not complying with any of the acts by the former to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates.<adopted>

Section 76. Threats, intimidation, fear, use of any fraudulent device or any other form of coercion. Any student who, directly or indirectly, threatens or intimidates or actually causes, inflicts or produces any violence, injury, punishment, damage, loss or disadvantage upon any student or students, or uses any fraudulent device or scheme to compel or induce the latter to aid, campaign or vote for or against any candidate.<adopted>

Section 77. Coercion of SCE Commissioners, Officers and members. Any student, candidate, political party or other student groups identified in Section 14, Article II of the 2008 USC Constitution who, directly or indirectly, threatens, intimidates, causes fear or coerces any SCE Commissioner, Officer or member in the performance of his election functions or duties. <adopted> Section 78. Undue influence. It is unlawful for any student to promise any position or membership, in any student groups identified in Section 14, Article II of the 2008 USC Constitution or any external organization, or to promise any amount of money or anything of material value, which may induce any student or students to vote or withhold his vote, or to vote for or against any candidate in any election. It is likewise unlawful for any student or students and any student group identified in Section 14, Article II of the 2008 USC Constitution to solicit or receive, directly or indirectly, any promise of any amount of money or material value for any of the foregoing considerations. <adopted>

Section 79. Unlawful Electioneering. It is unlawful to solicit votes or undertake any propaganda on the day of election, for or against any candidate or any political party especially within the polling place. <adopted>

Section 80. Violating the sanctity of the ballot. Any student/s who use/s any means to discover the contents of the ballot of a student voter who is preparing or casting his vote or who has voted. <adopted> Section 81. Using unofficial or multiple ballots. Any student who in the course of voting, uses a ballot other than the one given by the SCE or has in his possession more than one official ballot. <adopted> Section 82. Harassment of student voters. Any student who in any way prevents another student or students without reasonable cause, or harasses him/her in such a manner as to obstruct or prevent him/her from going to the polling station to cast his/her vote or to compel him/her to reveal how he/she voted. <adopted> Section 83. Unauthorized handling of official ballots or election paraphernalia. Any student who, without legal authority, destroys, substitutes or takes away from the possession of those having legal custody thereof, or from the place where they are legally deposited, any election form or document or ballot box which contains official ballots or other documents used in the election. <adopted> Section 84. Failure to protect the safety and integrity of the ballot box and its contents. Any SCE Commissioner, Officer and member having custody of the ballot box containing the official ballots used in the election who opens or destroys said box or destroys its contents without or against the order of the SCE, or through his negligence, enables any person to commit any of the aforementioned acts, or takes away said ballot box from his custody. <adopted> Section 85. Use of unauthorized ballots. It shall be unlawful to use unauthorized ballots except when deemed necessary by the SCE. <adopted> Section 86. Unauthorized transfer of polling station. Except for SCE commissioners, officers, and its members, no student shall be allowed to transfer the location of any polling station. <adopted> Section 87. Unauthorized printing of ballots. Any student/s, independent candidates, political parties, or group identified in Section 14, Article II of the 2008 USC Constitution who, without authority, prints or causes the printing of any ballot that appears as the official ones or who distributes or causes the same to be distributed for use in the election, whether or not they are actually used. <adopted>

Section 88. Unauthorized possession and/or use of SCE election equipment and paraphernalia. Any student/s, independent candidate, political party member, or groups identified in Section 14, Article II of the 2008 USC Constitution who, without authority, keeps, uses or carries out or causes to be kept, used or carried out, any official ballot template or printed-proof thereof, and other SCE equipment or paraphernalia used to produce or print official ballots. <adopted> Section 89. Vandalizing Election Paraphernalia in Polling places. Any student/s, who removes, tears, defaces or destroys any certified list of candidates posted inside the voting booths/stations during the hours of voting. <adopted> Section 90. Unauthorized holding or obstruction of elections. Any student/s who, holds or causes the holding of student elections on any day other than fixed by the SCE, or stops any election being legally held. <adopted> Section 91. Irregular manner of voting. Any student who deliberately tampers, defaces, or refuses to affix his/her thumb mark on his/her ballot other election documents. <adopted> Section 92. Falsification of the documents required for the filing of candidacy. Any student who misleads the SCE by submitting any false documents required for the filing of candidacy or document to the prejudice of a candidate. <adopted>

Section 93. Receipt of any documents required for the filing of candidacy outside the period of filing. Any SCE Commissioner, Officer or member who being authorized to receive the documents required for filing of candidacies outside the period of filing the same as set by the SCE and makes it appear that said documents was filed on time; or any student who, by means of fraud, threat, intimidation, fear, coercion, causes or compels the commission of the said act. <adopted>

Section 94. Soliciting votes and campaigning on election days. Any student/s who solicits votes or undertakes any propaganda, on the day of election, for or against any candidate or any political party. <adopted>

B.

Protest

Section 95. Filing of Protest. Any form of protest (Pre-election, election, postelection) shall be filed within two(2) working days after the said offense was committed and shall be signed by the person/s filing the complaint and the signature of two (2) witnesses. <adopted> Section 96. Protest Form. Complainant shall secure and accomplish properly the official SCE protest form previously provided by the SCE during the prior meetings with political parties and candidates concerned. He/ she shall shoulder the expenses of providing for copies thereof to be sent to all parties concerned. <adopted> Section 97. Submission of Protest. Protest shall be submitted to the SCE Secretary who shall then send copies thereof to the parties concerned within two (2) working days. Receipt of such protests shall be verified through a signed receiving copy, signed by an authorized representative of the parties concerned.<adopted> Section 98. Contents of Answer. The answer must specify the nature of the defense and may set forth specific and affirmative defenses. <adopted> Section 99. Counter-Protest or Counterclaim. The protestee may incorporate in his answer a counter-protest or a counterclaim.<adopted> Section 100. Hearing. Rules on hearing shall be governed by Article X of this Code. <adopted> Section 101. Burden ofProof. The burden of proof lies on the part of the complainant. The election process is always presumed to be regular and valid until proven otherwise. <adopted> Section 102. Decision. Protest Cases shall be decided in accordance to Section 15 Article III of this Code. <adopted> Section 103. Recount. Should there be a petition for recount, the SCE shall immediately form a committee to recount the votes. The expenses to be incurred during the recounting shall be shouldered by the petitioner. <adopted>

Section 104. Protest before Proclamation on offenses during Election Days. After the tallying of ballots, two (2) hours therefrom shall be allotted for the filing of protest. If protest/s shall be filed, proclamation of winners shall be deferred until such time that the SCE has rendered a decision. The subject of this protest shall strictly be irregularities during the tallying of votes <adopted>

ARTICLE XI <adopted> Hearings

Section 105. Protest Hearings. Protest hearings are those concerning contests as regards to elections, of political parties and its candidates and independent candidates. The SCE shall have the power to ask the complainant/s, accused and witnesses to appear before the SCE at a specified time determined by the SCE. In case the accused does not show up without prior written notice given to the SCE, then the case shall proceed. If the complainant and/or both his witnesses fail to appear without prior written notice, the case shall be dismissed immediately. Only one counsel or representative may argue for each registered political party, or candidate. No case shall be rescheduled for hearing for more than two (2) times. In such cases the SCE shall decide the case based on the documents submitted by the parties concerned. <adopted>

Section 106. Electoral Hearings. Electoral hearings are those which involve, as its subject, election offenses committed by students, organizations, independent candidates, and political parties and its candidates. The SCE shall have the power to ask the complainant/s, accused and witnesses to appear before the SCE at a specified time determined by the SCE. In case the accused does not show up without prior written notice given to the SCE, then the case shall proceed.

If the complainant and/or both his witnesses fail to appear without prior written notice, the case shall be dismissed immediately. Only one counsel or representative may argue for each registered political party,organization, student, or candidate. No case shall be rescheduled for hearing for more than two (2) times. In such cases the SCE shall decide the case based on the documents submitted by the parties concerned. <adopted>

ARTICLE XII <adopted> Penalties Section 107. For students. Any student found guilty of any election offense under this Code shall be punished by suffering the deprivation of the right to suffrage and shall be ineligible to run for any USC and CSC position in the immediately forthcoming elections. <adopted>

Section 108. For political parties, its candidates and members. Any political party, through its members and officers, who have been found guilty by final decision of the Magistrate, of any election offense under this Code shall be punished by suffering the revocation of their accreditation and being banned from participating in the immediately coming elections. Their candidates shall also be disqualified from continuing as a candidate or if has been elected, from assuming the position.<adopted>

Section 109. For Independent candidates. Any independent candidate who, in action or protest in which he is a party is declared by final decision of the Magistrate guilty of violating this Code, shall be disqualified from continuing as a candidate or if has been elected, from assuming the position. <adopted>

Section 110. Referral of cases to SW&FO. Upon the lapse of the period for filing an appeal or on the finality of its decision, the SCE shall refer to the Student Welfare and Formation Office (SW&FO) cases that violate this Code. <adopted>

ARTICLE XIII Manner of determining winning candidates

Section 111. USC Officers. Candidates who have obtained the highest total percentage of votes cast in all colleges shall be the winners for the said positions in the USC. The winning candidates are determined in the following manner: first, each candidates collegiate electoral score is determined by obtaining the percentage of votes cast for him/her in each college, second, each candidates electoral collegiate score is combined, and third, the candidates with the highest combined collegiate electoral scores shall be the winners of the election for USC Officers. <adopted> Section 112. CSC Officers. Candidates who have obtained the highest total percentage of votes cast in all program courses offered in their respective college shall be the winners for the said positions in the CSC. The winning candidates are determined in the following manner: first, each candidates program electoral score is determined by obtaining the percentage of votes cast for him/her in each program offered in his/her respective college, second, each candidates electoral program score is combined, and third, the candidates with the highest combined program electoral scores shall be the winners of the election for CSC Officers. < adopted>

ARTICLE XIV <adopted> Accountability of SCE Commissioners and Officers Section 113. Impeachment of SCE Commissioners. Any SCE Commissioner shall be subject to impeachment in accordance to applicable provisions of Article VII of the USC Constitution and based on the following grounds: a. Culpable violation of this Code b. Gross inability to perform his/her official functions as stated in Article III of this Code c. Malversation of SCE Funds d. Holding any executive position in other student groups e. Having been proven of being affiliated to any accredited political party <adopted>

Section 114. An impeachment case can be initiated through a resolution of any of the following: a. Majority of the SCE Commissioners b. Any SCE Officer, Member or ordinary student endorsement of subsection a hereof. <adopted>

through

the

Section 115. All impeachment cases shall be filed to the Office of Student Services through SDAO. <adopted> Section 116. An impeachment case can be filed against a Commissioner only once during his term of office. <adopted> Section 117. The USC Legislative Board shall deliberate upon any case of impeachment against any SCE Commissioner in a special session called for the purpose. This shall be presided by the Dean of Student Services who shall have no voting power. No SCE Commissioner shall be impeached without the concurrence of three-fourths of all members present. The entire proceedings shall be witnessed by the SDAO Director and SCE Adviser. <adopted> Section 118. An impeachment case should be deliberated upon within thirty (30) working days upon filling of the case to SDAO. Hearings should be done at least twice a week. <adopted> Section 119. Procedural and substantial due process shall be strictly observed on the entire duration of the impeachment proceedings. <adopted> Section 120. Judgment in cases of impeachment shall not exceed further than the removal from office. <adopted> Section 121. Decisions in the impeachment proceedings can be appealed by the subject Commissioner to the Office of the Magistrate. <adopted> Section 122. The appeal shall be filed within ten (10) calendar days from the notice of judgment appealed from. <adopted> Section 123. The notice of appeal shall indicate the parties to the appeal, specify the judgment or part thereof appealed from, and state the material dates showing the timeliness of the appeal. <adopted>

Section 124. The failure of the appellant to comply with any of the foregoing requirements, regarding the contents of and the documents which should accompany the appeal and timeliness of the appeal shall be sufficient grounds for the dismissal thereof. <adopted> Section 125. The execution of the judgment of impeachment shall not be stopped by the filing of appeal to the Magistrate. <adopted>

ARTICLE XV <adopted> Amendment and Revision

Section 126. Amendment. An amendment is a process of partial change of provision/s of this Code. Any amendment to this Code shall be made through a resolution by the SCE to be submitted to the OSS. The said resolution shall include the provisions to be amended and the proposed document containing the new provisions. For purposes of transparency, the SCE shall furnish a copy of the said resolution with corresponding attachments to the student sectors mentioned in Section 113, a.1. Upon receipt, the said student sectors shall be given a reasonable time to submit to the SCE should there be reactions/suggestions on their part as to the provisions to be amended. <adopted>

Section 127. Revision. A process of changing the entire substance of this Code. There are two ways of revising the Election Code. This can be done either by: a. Election Code convention b. Students Initiative

A. The revision process through an election code convention shall be done through the following steps:

a.1 A proposal to revise the 2008 Student Election Code of DLSU-D shall require the filing of a formal petition by majority of the following Student Sectors: USC Executive Board USC Legislative Board Council of Student Organizations Heraldo Filipino Performing Arts Group Student Auxiliary Group Student Electoral Commission Accredited Political Party/Parties

Each sector shall be entitled to one (1) vote except for political parties, which shall enjoy one (1) vote each. Proposal to revise this Code shall be submitted for approval to the OSS.

a.2

Election Code Convention. The Election Code Convention shall becomposed of the following: USC Executive Board College Representatives Council of Student Organizations Heraldo Filipino Performing Arts Group Student Auxiliary Group Student Electoral Commission Accredited Political Party/Parties

Each unit and political party shall have not more than two (2) delegates.

B. Students Initiative Any student, through his or her initiative, may pass a petition to revise the election code, which contains the reason/s for the said proposal. Attach therewith is the proposed revision to be passed to his or her respective CSC. The CSC, after receiving such petition, shall determine through a vote during a special meeting called for the purpose whether to endorse the said proposal or not. If the said proposal is endorsed by the said CSC through a majority vote, the latter shall act in accordance with the provisions enshrined in Sec. a.1 and 2 of this article. <adopted>

Section 128. Ratification. Any revision of this Code shall be valid upon the ratification by a majority of the votes cast during the plebiscite called for such purpose. This Code shall be presented for ratification within two (2) months from the time it was approved by the convention. There must be a period allotted for campaigning the newly drafted Code to be organized by the convention. <adopted>

Section 129. Prohibition on Amendment and/or Revision. No amendment or revision under the foregoing sections shall be authorized within two (2) years following the ratification of this Code. <adopted>

Article XVI <di pa tapos> Transitory Provisions

Sec. 66 This Code shall take effect starting on the first day of May 2009. <adopted> Sec. 115 Pending actions or election cases arising before the effectivity of this Code shall be governed by the 2004 Election Code. <adopted>

ARTICLE XVII <adopted> Final Provisions

Section 116. Repealing Clause. The 2004 De La Salle University-Dasmarias Election Code and all other provisions inconsistent with the 2008 Student Election Code of DLSU-D are hereby repealed. <adopted>

Section 117. Separability Clause. If any provision of this Code is declared invalid, the remainder thereof not affected thereby shall continue to be in force. <adopted>