ARTICLE IX

ADJUDICATORY COUNCIL

Section 1. General. There shall be a special body to be known as the Adjudicatory Council which shall investigate, hear, and in appropriate cases, decide complaints on any matter involving the conduct of any member of the Corporation.

Section 2. Composition . The council shall be composed of a Chairman and four (4) members who shall sit en banc in hearing and deciding matters brought before it for consideration.

The Chairman and the members of the Council shall be appointed by the President with the concurrence of the Board.

Section 3. Qualifications. No member of the council shall be appointed unless he is a regular member and active member in a chapter for at least two (2) years immediately preceding his election provided that as far as practicable they shall be members of the Philippines Bar.

Section 4. Vacancy. Vacancies due to death, absence or incapacity shall be filled through appointment by the President, with the concurrence of majority of all members of the Board. The person so appointed shall hold office only for the unexpired portion of the term.

Section 5. Quorum. Three (3) members of the council constitute a quorum in deciding cases.

Section 6. Functions. The council shall have the following functions:

(a) To investigate, hear and decide complaints filed by members of the Corporation against any other member for violation of these By-Laws or for any other cause provided that the compliant is accompanied by a subscribed statement that the compliant has presented the matter before his Chapter President for arbitration and/or proper action and that the action has proven inadequate or futile; provided further, that if the compliant is not yet affiliated with any chapter, he has filed his compliant with a chapter of his choice for arbitration which has been inadequate; provided finally, that if the Respondent is a member of the Board or an officer of the Corporation, the Board shall conduct the investigation and take such action as they may deem just. The Council shall hear all complaints within its jurisdiction and shall decide the same within sixty (60) days from the filing of such compliant.

(b) To impose the following penalties as it may deem appropriate:

(1) Suspension of the rights of members as provided for in these By-Laws for a period not to exceed one year and/or

(2) Fine not to exceed one hundred pesos (P100.00).

(c) In cases where the Council finds that the appropriate penalty should be removal or expulsion, it shall forward its recommendation to the Board for appropriate action in accordance with these By-Laws.

(d) All decisions of the council shall be written and shall contain a statement of the grounds therefor.

(e) All decisions of the council may be appealed to the Board within thirty (30) days from the receipt of such decisions.

(f) Any member of the Corporation who fails to comply with the final decision of the Council or Board shall suffer the penalty of suspension of his rights as provided for in these By-Laws until he complies with such decision.

ARTICLE X

ELECTIONS

Section 1. Election of Board Members. The members of the Board shall be elected from among the members of the Corporation during the annual general meeting of the members or during a special meeting called for the said purpose pursuant to paragraph (h) hereof.

(a) Nomination of Candidates. Any qualified member of the Corporation may be nominated by a member, a chapter or a class, provided it is done with his consent. The Comelec shall accept and evaluate all nominations and shall certify to the qualifications of the nominees.

(b) Form of Nominations. Nominations of candidates shall be in writing, addressed to the Comelec and must bear the conformity of the nominee and the signature of both the latter and the person nominating provided that, in case of nominations by a chapter or class, the signature of the chapter/class president shall suffice.

(c) Deadline for Nominations. The deadline for accepting nominations shall be three (3) days before the date of the annual general meeting. Such deadline shall be published twice in a newspaper of general circulation at least five (5) days before the happening of the same.

(d) Election proper. Elections shall be by secret ballot. The Comelec shall cause to be published official ballots which shall remain in its exclusive custody until the day of the elections. No marking in any form shall be placed on the ballot which shall tend to identify the voter. A final list of qualified candidates, arranged in alphabetical order, shall be extensively published for the information of the members and shall be posted in each voting booth. Casting of votes shall commerce at exactly 0800H and terminate at 1500H of the election day.

(e) Counting of Votes. Immediately upon the end of voting period, the Comelec shall count all the valid votes cast, provided that only votes appearing on official ballots printed by the Comelec shall be counted. The results of the elections shall immediately be certified by the Comelec indicating therein the number of voters who cast their votes and the name of all the candidates with the respective number of votes garnered by each. The fifteen (15) candidates garnering the most number of votes shall be considered elected. In case of a tie, it shall be resolved by the drawing of lots by and among the candidates tied or their duly authorized representatives and the winner thereof shall be considered elected.

(f) Proclamation of Winners. The Comelec shall proclaim the winning candidates immediately after verification of the results of the elections.

(g) Protest. Any aggrieved candidates may file a written protest addressed to the Comelec not later than seven (7) days from the proclamation of winners. Such protest may be due to the lack of qualification of wining candidates, election frauds, and such other similar grounds. The protest shall include the grounds relied upon and all other data evidencing the same. The Comelec shall decide all contests within thirty (30) days from receipt of protest.

(h) Effects of Failure to Elect. In case of a failure to elect during the annual general meeting of members due to the absence of quorum or force majeure, the President, in consultation with the Comelec, shall call for a second special election at such time and place as he may designate but not later than one month after the first special election. Should there be a failure to hold such election, for the same reasons, the incumbent members of the Board shall continue to hold office for the succeeding term.

Section 2. Election of National Officers. The Chairman of the Board, the President, the Vice President, the National Treasurer, the National Auditor, and the Corporate Secretary shall be elected by a majority vote of all the members of the Board from among themselves, and will serve at the pleasure of the Board. The Legal Counsel, the Sergeant at Arms, and the Public Relations and Information Officer shall be appointed by the President with the concurrence of the majority of the members of the Board, from among the members of the Corporation who, by reason of their education, training, temperament and experience, are deemed to be best qualified for the positions.

Section 3. Chapter Elections. All chapter elections shall be held during the regular chapter meeting for the month of January.

Section 4. Election and Appointment of Directors and Chapter Officers. The Chapter President and four (4) members of the Board of Directors shall be elected from among the members of the Chapter; provided that the Chapter President shall automatically be the chairman of the Board of Directors while the Vice-Chapter President shall be elected from among the Directors. The other officers of the Chapter as provided for in Section 5 of Article VIII, shall be appointed by the Chapter President with a concurrence of a majority of the Board of Directors, from among chapter members who are not Directors, for a term of one year.

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