Alpha Phi Omega Philippines, Inc.
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Article V
ADJUDICATORY COUNCIL
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SECTION 1. Nature. - The authority to redress grievances shall be vested in the Supreme Adjudicatory Council and as many Regional Adjudicatory Councils as there are Administrative Regions.
SECTION 2. Supreme Adjudicatory Council. -
(a) The Supreme Adjudicatory Council shall be composed of one (1) Adjudicator-General, who shall be a member of the Philippine Bar, and as many Associate Adjudicators-Generals as there are Administrative Regions, all of whom shall hold office during good behavior unless otherwise incapacitated, removed or resigned from office.
(b) The members of the Supreme Adjudicatory Council shall be appointed by the President, and confirmed by the Board of Directors: Provided, however, that if the appointment is made during the period when the General Assembly is in adjournment, the appointee shall exercise his powers and authority as hereinbelow set forth in an acting capacity until confirmation by the Board of Directors; and, Provided, finally, that in case of the failure of the Board of Directors to confirm the appointment during its regular sessions, the appointee shall exercise his functions in an acting capacity unless such appointment is withdrawn by the President.
(c) The Adjudicator-General shall be the Chief Legal Counsel in all cases filed by or against the organization, and, for that purpose, shall have the authority to deputize any of the Associate Adjudicators-Generals or any member of the Bar, to act for and in his name in any court or administrative agency exercising judicial or quasi-judicial powers.
SECTION 3. Jurisdiction of the Supreme Adjudicatory Council. - The Supreme Adjudicatory Council shall have the following powers:
(a) Exercise primary and original jurisdiction in all disputes and controversies involving actual rights which are demandable and enforceable, including -
[1] The interpretation of the provisions of the Code of By-Laws, and the allocation of powers as therein set forth;
[2] The validity of any contract entered into by the Executive Council, and/or any policy, rule or regulation of, the Board of Directors and/or the General Assembly;
[3] Controversies between two or more Regions, and between members of different Regions affecting their membership; and,
[4] The validity of the election or appointment and removal of any Executive Officer.
(b) Review, revise, reverse, modify, or affirm on appeal the judgments and orders of the Regional Adjudicatory Councils.
(c) Promulgate rules of procedure, including compulsory processes to compel compliance with its processes, which shall provide for a simplified and inexpensive procedure for the speedy disposition of cases, and shall be uniform for all Adjudicatory Councils and shall not diminish, increase or modify the substantive rights of the members.
(c) Appoint such personnel and staff as will insure the speedy and inexpensive resolution of all cases brought for adjudication.
SECTION 4. Regional Adjudicatory Council. -
(a) The Regional Adjudicatory Council shall be composed of a Regional Adjudicator and as many Associate Regional Adjudicators as there are Sections in the Administrative Region, all of whom shall hold office during good behavior unless otherwise incapacitated, removed or resigned from office.
(b) The members of the Regional Adjudicatory Council shall be appointed by the President, upon
the recommendation of the Regional Director, and confirmed by the Board of Directors: Provided, that if the appointment is made during the period when the Board of Directors is in adjournment, the appointee shall exercise his powers and authority as hereinbelow set forth in an acting capacity until confirmation thereof; and, Provided, finally, that in case of the failure of the Board of Directors to confirm the appointment during its regular or special session, the appointee shall exercise his functions in an acting capacity unless such appointment is withdrawn by the President.
SECTION 5. Original Jurisdiction of the Regional Adjudicatory Council. - The Regional Adjudicatory Council shall have original jurisdiction over disputes and controversies involving:
(a) The interpretation of the provisions of the Code of By-Laws, and the allocation of powers as therein set forth insofar as these refer to the Administrative Region;
(b) The validity of any contract entered into by the Regional Directorate, and/or any policy, rule or regulation of the Regional Conference;
(c) Two or more Sections, and between members of different and the same Sections affecting their membership;
(d) The suspension and expulsion of any member, in accordance with its internal rules and for causes as hereinabove set forth, provided that in cases of revocation of membership, the judgment of the Regional Adjudicatory Council shall be automatically appealed to the Supreme Adjudicatory Council whose judgment of expulsion shall be final only upon confirmation by the General Assembly; and,
(e) The validity of the election or appointment and removal of any Regional Officer.
SECTION 6. Finality of Judgments. - The decisions of the Adjudicatory Councils shall be final and executory unless a motion for reconsideration shall have been duly filed within a period of fifteen (15) days from notice thereof by the party affected. The Resolutions of the Regional Adjudicatory Council on any motion for reconsideration shall be final after fifteen (15) days from notice thereof, unless appealed to the Supreme Adjudicatory Council within the same period. No second or subsequent motions for reconsideration shall be entertained unless for clearly meritorious grounds.
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Article VI
ADMINISTRATIVE REGIONS
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SECTION 1. Nature. -
(a) An Administrative Region is a unified geographical area established for purposes of administration and local autonomy. Each Administrative Region shall consist of Sections.
(b) The Commission on Membership shall conduct a census of all organizational units and the demographics of the membership every six (6) years commencing in 2005 and completed at least one (1) year before the convening of the General Assembly for the purpose of dissemination to the chapters and associations. Upon completion, the Commission shall submit the Administrative Regional Boundaries Census to the Board of Directors, which shall, in turn, include the same in the agenda of the General Assembly. The recommendations of the Commission as contained in the Census shall contain as far as practical an equivalent number of chapters and/or associations and members as reasonable geographic alignment of Sections allow. Chapters and/or associations which may be affected by a change in any redefinition of Regional and/or Sectional boundaries shall be notified in writing at least six (6) months prior to the convening of the General Assembly.
SECTION 2. Powers and Duties of the Administrative Region. - The Administrative Regions shall have the following powers and functions:
(a) To create, through the Regional Directorate, its own administrative organization not otherwise provided under the Code of By-Laws;
(b) To create, through the Regional Conference, its own sources of revenues and to levy fees and assessments subject to such limitations as may be provided by the Code of By-Laws and any policy duly promulgated by the General Assembly and/or by the Board of Directors;
(c) To establish, through the Regional Conference, policies and programs of local application;
(d) To coordinate and implement, through the Regional Directorate, programs and projects of general and local application;
(e) To do and perform such other duties and functions as may be lawfully delegated to it by the General Assembly and/or by the Board of Directors.
SECTION 3. Regional Directorate. -
(a) The executive authority of the Administrative Region shall be vested on the Regional Directorate composed of the Regional Director, the Deputy Regional Director and the Section Chairs: Provided, however, that in Administrative Regions where there are Collegiate and Alumni Regional Directors, the latter shall act as the Chief Executive Officer thereof.
(b) The Regional Director shall be directly elected by the representatives of all chapters or alumni associations in good standing within the territorial boundaries of the Administrative Region during the Regional Conference: Provided, however, that in the Administrative Regions in the Philippines, there shall be elected two (2) Regional Directors, one each for the collegiate and alumni, serving concurrently, and as co-chair of the Regional Directorate.
(c) The Regional Directorate shall have such powers as are necessary to implement the policies and programs of the General Assembly, the Board of Directors and the Regional Conference. It shall likewise be responsible for coordinating the activities of all Sections within its jurisdiction and, for this purpose, shall facilitate communications between and among the Sections.
SECTION 4. Regional Conference. -
(a) The authority to formulate policies for the Administrative Region shall be vested in the Regional Conference consisting of all members in good standing of chapters and/or associations in good standing within the geographical boundaries thereof.
(b) The Regional Conference shall meet at least once every two (2) years, but not later than six (6) months prior to the convening of the General Assembly.
(c) As the policy arm of the Administrative Region, it shall perform such duties and functions and exercise powers and authority consistent with the general powers and authority vested on the General Assembly and not otherwise inconsistent with the provisions of the Code of By-Laws.
SECTION 5. Sections. -
(a) Sections are unified geographical areas within an Administrative Region created to facilitate administration, coordination of activities and projects, conferences, trainings, formation of new chapters or associations and similar functions.
(b) There shall be as many Sections as the General Assembly shall determine: Provided, however, that no Section shall be created, divided, merged, abolished, or its boundary substantially altered except upon the majority vote of all members in good standing cast in a plebiscite in the Section or Sections affected.
(c) The Section shall be headed by a Chair who shall likewise be directly elected by the official delegates of chapters and associations in good standing: Provided, however, that the Administrative Regions in the Philippines shall have two (2) Section Chairs, one for the alumni and another for the collegiate chapters and members, serving as co-Chairs of the Section.
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Article VII
CONSTITUTIONAL COMMISSIONS
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A. COMMON PROVISIONS
SECTION 1. Creation. - There shall be created the Commissions on Membership, Elections, Ways and Means, Audit, Scouting, International Relations and the Council of Elders.
SECTION 2. Autonomy.- All Commissions shall enjoy fiscal autonomy and their approved biennial appropriations shall be automatically and regularly released. All Commissions shall have the authority to promulgate their own rules of procedure as they may deem appropriate in the performance of their mandate.
SECTION 3. General Composition and Terms of Office. - Each Commission shall be composed of one (1) Chair and six (6) members, all of whom must be members in good standing, appointed by the President, and confirmed by the Board of Directors, to serve for a term of seven (7) years unless otherwise resigned, removed from office or incapacitated. Of those first appointed, the Chair and two (2) Commissioners shall hold office for seven (7) years, two (2) Commissioners for five (5) years and the remaining Commissioners for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.
SECTION 4. Rule-Making Authority. - Each Commission shall have the exclusive power and authority to promulgate such rules and regulations as it may deem fit and appropriate to properly discharge its duties and functions. Upon formulation of the general rules of procedure of each Commission, the same shall be submitted to the Board of Directors for approval, which shall cause the same to be published in at least three (3) issues of any publication of general circulation, the electronic mail and the website. The approved Rules of Procedure shall be valid and binding within a period of fifteen (15) days from the date of its last publication in the newsletter of general circulation.
SECTION 5. Incidental Powers. - All commissions shall have such incidental, residual and inherent power and authority to do and perform such other duties and functions as may be necessary and proper to fulfill their mandates.
B. THE COMMISSION ON MEMBERSHIP
SECTION 6. Nature. - The Commission on Membership shall be responsible for the formulation and implementation of all programs and policies pertaining to the general membership and the expansion thereof.
SECTION 7. Duties and Functions. - The Commission on Membership shall perform the following duties and functions:
(a) To promote and encourage programs and activities that serves and supports the Chapters and Associations;
(b) To promote and encourage programs and activities for the enhancement of membership recruitment, retention and reporting;
(c) To promote and encourage the reactivation of inactive chapters and associations and/or the formation of new collegiate chapters and alumni associations;
(d) To act as the custodian of the directory of all members and protector of the confidential data contained therein, and, for this purpose, to formulate and devise ways and means to insure adequate and current reporting thereon;
(e) To conduct the preliminary investigation of all complaints relating to the suspension and/or revocation of membership, and, for such purpose, to formulate, institute, public and establish a Code of Conduct, effective upon approval by the Board of Directors, which shall be compulsory on all members and, thereafter, to conduct the periodic review thereof to insure its continued pertinency; and,
(f) To conduct a census every six (6) years on the demographics of the membership and distribution of chapters and associations for the purpose of realignment and reassignment of chapters and associations in administrative regions or sections.
C. COMMISSION ON ELECTIONS
SECTION 8. Additional Qualifications of Members. - The Chair should be a member of the Philippine Bar and no member shall be eligible to run for any elective office for at least one (1) year prior to his resignation or completion of the term of office.
SECTION 9. Powers and Duties. - The Commission on Elections shall have the following powers and duties:
(a) To exercise general supervision and control over all elections and/or electoral exercises conducted by the Electoral College and the Administrative Regions;
(b) To pass upon the qualifications of candidates and members of the Electoral College or of the Administrative Region, the official listing of which shall be announced and published before the election;
(c) To decide, after due notice and hearing conducted on the basis of written protest, any complaint to disqualify any candidate or voter who violates the rules and regulations of the Commission. The decision in such cases shall be promulgated within seventy-two (72) hours from the termination of the hearing period; and,
(d) To promulgate rules and regulations to govern the conduct of the elections or any other
electoral exercise.
SECTION 10. Decision. - The decision of a majority of all the members of the Commission on all electoral matters may be brought for review to the Supreme Adjudicatory Council. However, an appeal to the Supreme Adjudicatory Council shall not prevent the decision of the Commission from becoming immediately executory.
SECTION 11. Report. - The Commission shall submit to the Board of Directors at the latter's regular meeting immediately following any electoral exercise a report on the manner by which such election was conducted, as well as the results thereof.
SECTION 12. Regional Commission on Elections. - There shall be created a Regional Commission on Elections in each of the Administrative Regions, consisting of three (3) members appointed by the Chair of the Commission, which shall have the delegated authority to perform the functions of the Commission in the Administrative Region to which it has been assigned: Provided, however, that the decisions of the Regional Commissions in any electoral case may be appealed to the Commission for appropriate disposition in accordance with its rules of procedure.
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