University of Santo Tomas

Faculty of Arts and Letters Student Council

Espaa, City of Manila, Republic of The Philippines, 1105

Board of Majors

RESOLUTION NO. 006

Series of 2011
PROVIDING THE RULES OF PROCEDURE ON IMPEACHMENT TRIALS

WHEREAS, in pursuant to the ABSC Constitution, the Board of Majors shall be the Impeachment Tribunal and shall settle all issues pertaining to the status of any member of the Student Council, if ever the need arises; WHEREAS, according to the ABSC Constitution, any student may initiate impeachment through a petition to the Board of Majors on the following grounds stipulated in Article XII, Section 2 of the ABSC Constitution; WHEREAS, the Board of Majors is compelled to receive and settle the complaint in its role as Impeachment Tribunal, as stipulated in Article VII, Sections 4-5 of the ABSC Constitution; WHEREAS, there is a need to provide the rules of procedure on impeachment trials in order to administer justice to both parties involved, both petitioners and respondents; NOW, THEREFORE, subsequent to the impeachment complaint filed by the members of The Political Science Forum against MR. JULIUS ROMEL FERNANDEZ and MR. RHODEL ISHIWATA SAZON, President and Vice President for External Affairs, respectively, of the Arts and Letters Student Council, transmitted to the Board of Majors last 14th day of December 2011, be it; RESOLVED AS IT IS HEREBY RESOLVED, by the members of the ABSC Board of Majors, this resolution providing the rules of procedure on impeachment trials; SECTION 1. Verified complaint and official receipt Any student of the Faculty of Arts and Letters may initiate impeachment proceedings against any Executive Board Officer of the Student Council. The Board of Majors will receive the articles of impeachment, provided, however, that the said impeachment complaint was verified by and forwarded to the Board of Majors through the following means: a. Via official endorsement / petition by the administrative and/or policy-making body of any of the recognized societies. 1 b. Via official endorsement / petition initiated by a member of the ABSC Executive Board. c. Via official endorsement / petition signed by at least 100 students of the Faculty of Arts and Letters.
1

No member of the Board of Majors may initiate the impeachment complaint. However, members of the Board of Majors may only endorse the veracity of the complaint in fulfillment of their official functions to their societies.

SECTION 2. Preventive Suspension Order Upon the receipt of the complaint, the Board of Majors shall convene as Impeachment Tribunal and shall officially have access to its impeachment powers. The Impeachment Tribunal shall inform the officer/s concerned about the charges against him/her in 5 days and shall put the latter on preventive

suspension to avoid the latters exercise of influence. The respondents, if proven to have failed in to complying with the preventive suspension order, shall be guilty of contempt and augments gravity to his/her case. The order shall suspend the accused officer of all his/her powers, duties, functions and responsibilities, whether stipulated in the ABSC Constitution, or inherent to his/her position. SECTION 3. Respondents reply After being informed of the complaints and the suspension, the Impeachment Tribunal will expect an immediate reply from the officer/s concerned. Without a reply, the Impeachment Tribunal shall assume that the officer/s concerned deny the charges against him/her. SECTION 4. Finding the probable cause a. Determination of Sufficiency in Form and Substance The Board of Majors shall determine whether the complaint is sufficient in form and substance. If the Board finds that the complaint is insufficient in form, the Board shall return the complaint to the complainant with a published explanation of the insufficiency. Should the Board find that the complaint is sufficient in form, it shall then determine if the complaint is sufficient in substance. The requirement of substance is met if there is a recital of facts constituting the offense charged. If the complaint is insufficient in substance, it shall dismiss the complaint. b. Submission of Evidence and Memoranda After determining if the case is sufficient in form and in substance, the Impeachment Tribunal shall published the determination of a probable cause and shall inform the parties concerned of the hearing whereabouts. Primary lists of evidences, witnesses and arguments shall be submitted to the Board of Majors.

SECTION 5. Trial Procedures a. Before proceeding to the consideration of the articles of impeachment, the Speaker of the Board of Majors shall administer the oath or affirmation to the members of the Board of Majors then present acting as Impeachment Tribunal. The oath or affirmation shall be administered by the Speaker to the other members of the Board of Majors as they shall appear. After the oath or affirmation, the Chief Justice of the Impeachment Tribunal shall act as presiding officer and shall preside over the duration of the proceedings. The Board of Majors has the option to conduct a preliminary trial before proceeding to the public hearing. The Board of Majors shall observe political neutrality during the course of impeachment trial. Political neutrality shall be defined as the exercise of official duty with unfair discrimination and regardless of political party affiliation (regardless of whether or not the political party is recognized by the Commission of Elections) and irrespective of majors represented. b. The Chief Justice of the Impeachment Tribunal shall have the power to make and issue, by himself, or by the appointed Impeachment Tribunal Secretary, all others, mandates, writs authorized by these rules or by the Impeachment Tribunal, and to make and enforce such regulations and orders in the premises as the Tribunal provides. c. The Impeachment Tribunal shall have the power to compel attendance of witnesses, enforce obedience to its orders, mandates, writs, and judgments, to preserve order, and to punish

contempt of, and disobedience to its authority, and to make lawful orders that may seem essential to the administration of justice. The Sergeant-at-Arms, appointed by the Board of Majors prior to the trial proper, under the direction of the Chief Justice of the Impeachment Tribunal, shall be responsible in carrying to effect the lawful orders, mandates, writs of the Tribunal. d. The Presiding Officer may rule on all questions of evidence including, but not limited to, questions of materiality, relevancy, competency, or admissibility of evidence and incidental questions, which ruling shall stand as the judgment of the Impeachment Tribunal, unless any member of the Board of Majors shall ask for a formal vote be taken thereon, in which case it shall be submitted to the Board of Majors for decision after one contrary view is expressed; or the Presiding Officer may at his/her option, in the first instance, submit any such question to a vote of the Members of the Board of Majors. The motion for a vote and the contrary opinion shall not take more than two (2) minutes each, with a one-minute rebuttal allowed for the proponent of the motion. e. Upon the presentation of articles of impeachment and the organization of the Impeachment Tribunal hereinbefore provided, a writ of summons shall be issued to the person impeached, reciting and incorporating said articles, and notifying him/her to appear before the Impeachment Tribunal upon a day and place prescribed by the Board of Majors. f. The Secretary of the Impeachment Tribunal shall record the proceedings, and shall be part of the official records of the Board of Majors.

g. The petitioners and the respondents may choose to provide a legal team that will be representing for their party, provided, however, that it shall be submitted to the Impeachment Tribunal by a petition. h. All motions, objections, requests, or applications regarding the procedures of impeachment shall be addressed to the Speaker of the Board of Majors and shall be done through writing. i. j. Witnesses shall be examined by the party producing them, and then cross-examined by the opposite party. If a member of the Board of Majors shall be called as a witness, he/she shall be sworn as administered by the Speaker of the Board of Majors, and give his/her testimony standing at his or her place.

k. If a member of the Board of Majors wishes to question to a witness, he/she shall do so within two (2) minutes. A member of the Board of Majors may likewise question the prosecution or the defense. He/she may also offer a motion or order to the Presiding Officer. l. The Impeachment Tribunal shall be opened to the Arts and Letters student body. Spectators shall observe silence at all times. The Presiding Officer may evict spectators on the trial venue. Members of the Board of Majors may also raise a motion of evicting spectators.

m. All questions, motions, shall be argued for not exceeding thirty (30) minutes, on each side, unless otherwise the Impeachment Tribunal orders.

n. The case, on each party, shall be opened by one person. The final argument on the merits may be made by two (2) persons on each side, and the argument shall be opened and closed by the petitioner. SECTION 6. Decision a. The petitioner-prosecution team may decide to conclude their arguments on a particular article of impeachment and may opt to shelve the remaining articles. However, if the Impeachment Tribunal decides in favor of the respondents, the petitioners may no longer discuss the shelved articles for the respondents are also acquitted of all other charges. b. Upon the conclusion of the arguments by the petitioner-prosecution, the Impeachment Tribunal shall convene privately and discuss among themselves their judgment. c. The members of the Impeachment Tribunal shall be sworn to an oath before voting on their decision. d. Among themselves, the members of the Impeachment Tribunal shall vote whether or not the respondents are guilty of the charges against them. Pursuant to the ABSC Constitution, a vote of two-thirds (seven votes out of ten members of the Board) is indispensable to remove the accused from his /her office.

e. Members of the Impeachment Tribunal who vote for the impeachment of the accused shall consign among themselves for the speaker-judge who will pen for the opinion of the court. The same shall be done by those who vote against the impeachment of the accused. Separate concurring and dissenting opinions may also be written. f. The decision of the Impeachment Tribunal is final.

g. An officer removed from his/her office through the process of impeachment will no longer be eligible for any position at the Student Council, in either of its two branches --- The Executive Board and The Board of Majors. h. An officer removed from his/her office through the process of impeachment will no longer be entitled to use the position taken away from him in order to fulfill the incumbency requirement for the Presidential and the Vice Presidential positions of the Central Student Council. i. An officer acquitted from an impeachment case may no longer be subject to any impeachment complaint during the remainder of his / her term.

SECTION 6. Pronouncement of judgment a. The Impeachment Tribunal shall convene and shall summon the two parties, both petitioners and respondents, on a public pronouncement of judgment. b. After administering the oath, the motion of pronouncing the judgment shall be raised by the Speaker of the Board of Majors.

c. After ruling on the motion, the Chief Justice of the Impeachment Tribunal shall direct the Herald to declare the findings of the Impeachment Tribunal. d. The reports on the impeachment case shall be accessible to the student body. Copies of the decision shall be furnished to the petitioners, the respondents, the Executive Board, to all majors and societies, to the Adviser of the Student Council, to the Office of the Dean, and to all agencies concerned. SECTION 7. Additional provisions a. Form of putting the question on each article of impeachment The Presiding Officer shall first state the question; thereafter each member of the Board of Majors, as his/her name is called, shall, in his/her place, answer: guilty or not guilty. If he/she so wishes, a Board member may explain his/her vote for not more than two (2) minutes. b. Witnesses shall be sworn in the following form: "You _______________, do swear (or affirm, as the case may be) that the evidence you shall give in the case now pending between the student body of the Faculty of Arts and Letters and __________________, shall be the truth, the whole truth, and nothing but the truth: so help you God." The oath shall be administered by the Secretary of the Impeachment Tribunal c. Form of a subpoena to be issued on the application of the prosecutors of the impeachment, or of the party impeached, or of his counsel: To __________________, Greetings: You are hereby commanded to appear before the Impeachment Tribunal, composed of the Faculty of Arts and Letters Student Council Board of Majors, on the _______ day of ____________, at ____________________ in the University of Santo Tomas, Manila, then and there to testify your knowledge in the case which is before the Impeachment Tribunal in which a verified complaint has been submitted against _____________, and to bring with you the following ___________, it being necessary to use the same as testimony. Fail not. Witness ______________, and Chief Justice of the Impeachment Court, at the City of Manila this _______ day of _____________, in the year of our Lord.

______________________________, Presiding Officer

d. Form of oath to be administered to the Members of the Board of Majors and the Presiding Officer sitting as Impeachment Tribunal: "I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of ______ ______, now pending, I will do impartial justice according to the Constitution and laws: So help me God." e. Form of summons to be issued and served upon the person impeached: REPUBLIC OF THE PHILIPPINES ) SS. The ABSC Board of Majors to _______________, Greetings: Whereas a verified impeachment complaint was submitted to the Board of Majors, on the ____ day of ________, against you, the said ______ ______, in the words following: [Here insert the articles] And demand that you, the said _______________, should be put to answer the accusations as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be thereupon had as are agreeable to law and justice. You, the said ____________, are therefore hereby summoned to be and appear before the Impeachment Tribunal, at ____________ in the University of Santo Tomas, Manila, on the ____ day of __________________, at ____ o'clock ____, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Board of Majors, acting as Impeachment Tribunal, shall make in the premises according to the Constitution and laws of the Arts and Letters Student Council Hereof you are not to fail. Witness ______________, and Chief Justice of the Impeachment Court, at the City of Manila this _______ day of _____________, in the year of our Lord.

______________________________, Presiding Officer

RESOLVED FURTHER, that this Resolution shall remain valid and subsisting unless otherwise revoked or amended in writing by the ABSC Board of Majors; RESOLVED FURTHER, that this Resolution may be amended by the Board of Majors, acting as Impeachment Tribunal, even on the course of the proceedings, by securing a two-thirds vote from its members; RESOLVED FURTHER, that copies of this Resolution, along with the Articles of Impeachment, be transmitted to the petitioners, the respondents, the members of the ABSC Executive Board, and all other concerned agencies for their guidance, information, and reference; RESOLVED FINALLY, that a copy of this Resolution be posted at the official bulletin boards of the AB Student Council and the Board of Majors; APPROVED, this 20h day of January 2012 at the Faculty of Arts and Letters, University of Santo Tomas, Espaa, City of Manila.
APPROVED:

VIRGILIO DOLINA JR. Chief Justice of the Impeachment Tribunal Legal Management

ROGELIO MARIANO, JR. Speaker of the Board of Majors Communication Arts

I hereby certify the authenticity of this resolution:

JESHAMAR VILLASIS Secretary of the Board of Majors Political Science

CONCURRED:

PATRICK JAY REMO Deputy Speaker Behavioral Science

PAUL ANTHONY TACORDA Asian Studies

SARA CRISTOBAL Economics

SHEKINAH GAPUZ Journalism

APRIL KATRINA VILLACORTA Literature

MARK KEVIN CABURAL Philosophy

MARC IGNACIO Sociology