Alpha Phi Omega Philippines, Inc.
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Article X
BASIC ORGANIZATIONAL UNITS
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SECTION 1. Basic Organizational Units. - The organizational units shall be the fraternity and sorority collegiate chapters, and the alumni associations.
SECTION 2. Collegiate Chapters. -
(a) Chapters may be based on college, university or university system: Provided, however, that if a charter has been granted to a college or university, no other charter shall be granted to any other college within the same campus unless with the written consent of the existing chapter; and, Provided, finally, that a charter granted to either a fraternity or sorority chapter shall follow the designation of the fraternity or sorority chapter first chartered in the same campus, college or university.
(b) Chapters, whether fraternity or sorority, may be established in any accredited institution of higher learning: Provided, however, that only duly chartered chapters or associations shall be allowed to found or establish new chapters; and, Provided, finally, that if the chapter to be organized belongs to a university system, the existing chapter therein shall be considered as the organizing chapter and shall have exclusive authority to establish the said new chapter unless the existing chapter has authorized, in writing, another chapter for that purpose.
(c) In case a chapter is dissolved or had otherwise become inactive, the designation thereof shall be retired and no other chapter bearing the same designation shall be allowed: Provided, however, that, in case of revival, the chapter shall reassume its designation without need for an application for a new charter; and, Provided, finally, that the responsibility of reviving any dissolved or inactive collegiate chapter shall devolve, in the first instance, on its alumni association and, in the second instance, on any of the associations or chapters situated within the Section.
SECTION 3. Alumni Associations. - Alumni Associations may be established on the basis of chapter, professional, institutional or community affiliation.
SECTION 4. Procedure for Recognition of Petitioning Group. - A charter may only be granted upon compliance with the following requirements:
(a) The application shall be submitted to the Commission on Membership by at least fifteen (15) enrolled students in an accredited institution of higher learning, all of whom shall have satisfied the membership requirements, in case of a chapter, and, in case of an association, by ten (10) or more alumni members in good standing.
(b) The application of the petitioning group shall contain all information or data required by the Code of By-Laws and such other requirements as may be promulgated by the Commission on Membership. Thereafter, the complete application shall be forwarded to the Regional Director having functional and territorial jurisdiction over the Petitioning Group.
(c) Upon endorsement, the Regional Director shall conduct an investigation for the twofold purpose of confirming the information or data stated in the application and determining the viability of the chapter or association. For these purposes, the Regional Director shall provide the chapters or associations, as the case may be, existing within the Administrative Region with copies of the application as well as all information and data contained therein, and elicit from them their comments within a period of thirty (30) days from receipt of the pertinent documents regarding the said application: Provided, however, that in case a majority of all chapters or associations in good standing recommend the non-recognition of the Petitioning Group, the same shall forthwith be recommended for disapproval by the Regional Director;
and, Provided, further, that if at least one collegiate chapter or alumni association within the same Administrative Region objects to the grant of a charter to the petitioning group, the Regional Director concerned shall forward the records for further investigation by the Board of Directors which shall, in turn, issue the necessary recommendation.
(d) The Regional Director shall, not later than ten (10) days from the completion of the report, recommend the approval or disapproval of the application of the Petitioning Group to the Commission on Membership with sufficient justifications in either case.
(e) Upon receipt of the report and recommendation of the Regional Director, the Commission on Membership shall conduct its own deliberations on the merits of the application and duly forward to the Board of Directors their recommendation thereon not later than fifteen (15) days therefrom.
(f) Upon receipt by the Board of Directors of the report and recommendations of the Commission on Membership, the Board shall conduct its own deliberations thereon, in any of its regular or special meetings, and thereupon generate a report of its determination on the application, which the Executive Director shall forward to the Commission on Membership not later than ten (10) days from the completion thereof.
(g) The Commission on Membership shall forthwith notify the Petitioning Group of the action of the Board of Directors and, if favorable, shall coordinate with the said Petitioning Group for the purpose of preparing for and conducting the installation ceremonies.
SECTION 5. Charter. -
(a) A Charter is the formal document emanating from the Commission on Membership bestowing upon the petitioning group all the rights and privileges of chapters or associations and assuring that all their past, present and future members shall enjoy the same rights and privileges granted to members in accordance with their category, type and status.
(b) Charters shall be issued by the Chair of the Commission, the President, the Chair of the Board of Directors and the Regional Director having jurisdiction over the new chapter or association. Any Petitioning Group denied a charter may submit another application not earlier than one (1) year after the rejection of their first application.
(c) Charters shall be presented by the President or by his duly authorized representative, who must likewise be a member of the Board of Directors, and the Regional Director concerned of the Administrative Region where the Petitioning Group is based, in an installation ceremony organized by the new chapter or association.
SECTION 6. Suspension and Revocation of Charters. -
(a) Charters of chapters or associations may be revoked or suspended only upon a two-thirds (2/3) vote of the official delegates of the Collegiate or Alumni Conventions, as the case may be, during the General Assembly.
(b) The Board of Directors, by two-thirds (2/3) vote of all its members, may preventively
suspend charters only when the continued existence thereof constitutes a clear and present danger to the interests of the organization, or any integral part thereof. The preventive suspension of charters shall only be effective until the convening of the General Assembly. In the event that the Collegiate or Alumni Convention, as the case may be, fails to act on the matter, the suspension shall be automatically lifted.
(c) The chapter or association whose charter has been placed under preventive suspension, may dispute the imposition before the Supreme Adjudicatory Council, under the procedure as stated in the Code of By-Laws and the Rules promulgated pursuant therewith, whose decision, purely on the question of the propriety of the preventive suspension, shall be unappealable, final and immediately executory.
(d) The procedure for appeals and reinstatement of revoked or suspended charters shall be the same as that for appeals and reinstatement of revoked or suspended membership.
SECTION 7. Duties and Obligations. - All chapters and associations shall do and perform, whenever applicable, the following duties and/or obligations:
(a) Adopt the Standard Articles of Association and certify by a statement bearing the signature of the Grand Chancellor/Grand Lady Chancellor, the Scribe/Lady Scribe, in case of chapters, or by the President and Secretary, in case of associations, of the adoption thereof, which shall be filed with the Board of Directors;
(c) Adopt such By-Laws, rules and regulations not in conflict with the Articles of Incorporation,
the Code of By-Laws, the Standard Articles of Association, or the rules, regulations, or policies of the educational institution or host country where the basic organizational unit is located;
(c) Establish such training policies complementary to the official rituals of the organization: Provided, however, that there shall be no hazing or informal initiation or any mistreatment or maltreatment of pledges, members or other persons at any time.
(d) Establish reasonable initiation fees, dues and assessments, in addition to but not in conflict with those established by the Code of By-Laws, the General Assembly and/or the Regional Conference.
(e) Submit to the Regional Director concerned an annual development report not later than twelve (12) weeks from the beginning of the fiscal year according to the program review procedures established by the Board of Directors, which shall contain the following relevant information and/or data:
[1] The names and addresses of all its members whether in good standing or not;
[2] The post office box number, postal mailing address and/or electronic mail address;
[3] The Annual Financial Statement in the form provided by the Executive Director. Upon dissolution of an organizational unit, a written report of any money or property on hand shall be filed by its officers with the Board of Directors. Such money or property shall be held in trust until the reactivation of the organizational unit, and delivered thereto at such time. Should reactivation not be accomplished within five (5) years from dissolution, such funds shall then be paid to an organization tax exempt within the meaning of the National Internal Revenue Code of the Philippines or in accordance with the laws, rules and regulations of the host country bearing on such situations;
[4] The written oath of office of the officers of the chapter or association in the form prepared by the Executive Director, duly signed by them and attested as having been sworn to before the Regional Director;
[5] The written pledge of loyalty duly signed by the active members of the chapter or association of their continuing commitment to the programs and policies, in such form as may be disseminated by the Executive Director.
(f) Accept or seek membership in any other association only upon approval of the Board of Directors;
(g) Exercise such powers and perform such duties and functions as may be provided by the Code of By-Laws and rules as promulgated by the General Assembly or its surrogate, the Regional Conference, the Board of Directors or any of its delegates, the Regional Director and the Section Chair.
SECTION 8. Status. - A chapter or association is in good standing if it has met all of its financial obligations to the organization and has not been declared as inactive or suspended, or had its charter revoked, or has not been deemed in violation of the policies of the organization or of the provisions of the Code of By-Laws. |
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Article XI
AMENDMENTS OR REVISIONS
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SECTION 1. Authority. - The power to amend or revise the Code of By-Laws is vested on the General Assembly or directly on the general membership through initiative process.
SECTION 2. Amendment by the General Assembly. - The Code of By-Laws may be amended or revised by the General Assembly by a vote of at least two-thirds (2/3) of all official delegates, under any of the following means:
(a) By constituting itself into a Constituent Assembly for the approval of amendments to limited and specific provisions of the Code of By-Laws;
(b) By calling for the creation of a Constitutional Commission and providing for the composition and authority thereof; and,
(c) By calling for the convening of a Constitutional Convention and specifying the composition and date for its sessions.
SECTION 3. Amendatory Process. - The Code of By-Laws, or any provision thereof, may only be amended or revised upon strict compliance with the procedure hereinbelow set forth:
(a) By Constituent Assembly.
[1] Any proposed amendment shall pertain only to specific provisions of the Code of By-Laws, which proposal(s) shall be submitted to the Board of Directors at least one (1) year prior to the convening of the General Assembly for its regular biennial conventions;
[2] Upon receipt of any such proposed amendments, the Chair of the Board of Directors shall forthwith appoint the Chair of the Reference Committee on Constitutional Amendments and notify the Regional Directors thereof and directing them to submit, within a period of ten (10) days from receipt thereof, their representatives therein;
[3] Upon its creation, the Reference Committee shall forthwith conduct consultations with the general membership on the proposed amendments;
[4] The Reference Committee shall thereafter submit the proposed amendments in resolution form to the Chair of the Board of Directors at least three (3) months before the convening of the General Assembly who shall place the same in the agenda;
[5] Upon motion duly made and seconded, the Chair of the Board of Directors shall call for a recess of the legislative sessions of the General Assembly and convene itself as a Constituent Assembly which shall vote on the proposed amendments, a majority vote of which on each and every proposal shall be sufficient for the approval thereof;
[6] Thereafter, the Chair of the Board of Directors shall declare the Constituent Assembly as functus officio and forthwith forward to the Board of Directors and the Supreme Adjudicatory Council the certified true copies of the amendments passed with the corresponding votes received by each.
(b) By Constitutional Commission.
[1] The Chair of the Board of Directors shall, within ten (10) days after adjournment of the General Assembly, forward to the designated Chair thereof the certified Resolution and the Excerpt of the Minutes containing the creation of the Commission and the appointment/s of the members thereof;
[2] Upon receipt by the Chair of the said Resolution, he shall forthwith proceed to appoint the members of the Commission ensuring that all Administrative Regions are represented therein unless the General Assembly had provided for its composition;
[3] Upon formation, the Chair of the Board of Directors shall administer the oath of office to the Chair and members of the Commission and thereafter draft its own rules of procedure for purposes of insuring the widest participation possible by the general membership and the integration and incorporation of their comments and suggestions into a draft Code of By-Laws;
[4] The Commission shall submit the proposed amendments to the Code of By-Laws to the Chair of the Board of Directors at least six (6) months prior to the convening of the regular session of the General Assembly for the inclusion thereof in the agenda;
[5] The proposed Code of By-Laws shall be approved in a plebiscite to be conducted during the regular sessions of the General Assembly by a majority vote of all official delegates of both Conventions in joint session assembled.
(c) By Constitutional Convention.
[1] Within a period of ten (10) days from the adjournment of the General Assembly which called for the convening of a Constitutional Convention, the Chair of the Board of Directors shall send to all Regional Directors certified true copies of the Resolution and Excerpts of the Minutes calling for the creation thereof, which shall be accompanied by a notice that the representatives thereto, consisting of one representative from each Section, be immediately appointed;
[2] Within a period of sixty (60) days from issuance of the aforementioned notice, the Chair of the Board of Directors shall send to all appointed representatives their appointment as delegates to the Constitutional Convention, and, within a period of thirty (30) days thereafter, shall convene the Constitutional Convention;
[3] The Constitutional Convention shall meet every day until all proposed amendments to the Code of By-Laws have been duly approved and forwarded to the Chair of the Board of Directors;
[4] The Chair, upon receipt of the draft Code of By-Laws, shall place the consideration thereof in the agenda of the General Assembly for its next regular session;
[5] The submission of the proposed Code of By-Laws shall be submitted for the consideration of the General Assembly and the affirmative vote of a majority of all official delegates shall be sufficient for the ratification thereof.
(d) By Initiative. Whenever at least ten percent (10%) of collegiate and alumni members in good standing of all Administrative Regions petition for the amendment of limited and specific provisions of the Code of By-Laws, the Chair of the Board of Directors shall forthwith direct the Commission on Elections to insure the veracity of the signatures as appearing in the said petition and, thereafter, certify the manner or the procedure to be followed, which shall be any of the immediately preceding subsections depending on the ascendant vote of the general membership thereon.
SECTION 4. Ratification. - Any amendment to, or revision of, the Code of By-Laws shall be valid when ratified by a majority of the votes cast in a plebiscite called for the purpose and held not later than thirty (30) days prior to the convening or during the sessions of the General Assembly.
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