TheCrusader Pre-Election Tabloid

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Supreme Court declares voter turnout quota ‘unconstitutional’ By John Kenneth E. Ching and Micka Angela Victoria B. Virtudazo

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he XU-Central Student Government (CSG) Supreme Constitutional Court voted unanimously to declare some provisions in the XU-CSG Omnibus Election Code of 2011 unconstitutional. At a vote of 6-0, the Court overturned its earlier decision in favor of the 19th Directorate, headed by CSG Vice President Sean Jared Lastimoso, in retaining the voter turnout quota. The ruling was made on January 3, 2013 at the Loyola Conference Room. The Court originally voted, 4-3, for rejecting Student’s Rights and Welfare Commission’s (STRAW) petition in questioning the validity of Article I, Section 5 (b) & (d) and Article II, Section 2 of the Code as these violate the students’ right to vote in the annual Botar Atenista. In a statement issued by the Court, the decision is based on these principles: (1) the existence also of a right not to vote; (2) the sufficiency of a plurality in a lawfully conducted election; (3) the cost efficiency of occupying an elected seat; and (4) STRAW’s petition being comparable to a petition for declaratory relief. Provisions in question According to Article I, Section 5 (b), the quota for the number of voters are set at 25% of the University’s student population voting for the CSG President and Vice-President, and 15% of a college’s student population in electing council officers. Surpassing these benchmarks will ensure Botar Atenista to be successful. Failure to reach the standard quota will necessitate the Electoral Commission

(ELECOM) to hold a special election, as stated in Article I, Section 5 (d) of the Code. In the case where a vacant position(s) does not reach the stated quota mentioned, the candidate with the most votes shall be declared winner. Article II, Section 2 of the Code enforces at least half of the voters to secure the seat in favor of a lone candidate. This was the case last year, when Dean Cris Acabo and Sean Jared Lastimoso both ran unopposed for Alyansang Atenista. Both candidates reached the necessary 25% to keep them both from being disqualified, and the 50% + 1 majority to formally install them into their respective positions, though not without controversy. Defending the student’s right to suffrage “[The Code has] inconsistencies in setting the quota, and it is unconstitutional. We filed this petition to fight for what is right,” explains STRAW Chief Commissioner, and Lead Counsel for Petitioner Alfe Calunod. “Students should vote simply because they want to. If they don’t want to vote, then let them be.” “Dapat walaon ang quota kay ang students bisan dili gusto mu-vote, mu-vote na lang kay gi-require man,” vocalizes Calunod. The 19th Directorate countered by stating that failure of election is not a defilement of the students’ right to vote, and that before the court deliberates the constitutionality of the provision, it must satisfy three conditions: first, there is an actual case; second, that the petitioner has sufficient evidence; and third, the issue is raised in the earliest opportune time.

“The petition nga gi-file sa STRAW was merely hypothetical and doubtful,” says Lastimoso. “Sa decision sa Supreme Court mismo, they stated na the Omnibus Code is still retained and the quota system is still there. Wala’y dapat i-amend.” “It’s their [STRAW] role to be the ‘police’ of the students but there was no actual case nga naa’y nag-file na student against the Code. The petition was speculative gyud kaayo. And if there was a student, that student should have filed it right at the opportune time nga gi-force siya,” articulates Lastimoso. Clashing values Two years ago, the 17th Directorate created the Code to increase student participation, and to extend the mandate of a real and effective student government. For Lastimoso, it is another way for students to know their rights and responsibilities to voice out, and to not just settle for mediocrity. “So what if walay quota and then only five students will vote? That does not represent the majority. Kay mao man jud ni ang core competency sa Jesuit education, getting involved and taking actions for change,” states Lastimoso. Ironically, STRAW clashed the 19th Directorate’s Ignatian value with one of their own, but with the same goal: to get students involved. “We are in a Jesuit Institution and we are here for tantum quantum. We don’t want many votes pero out of compulsion ra man diay to. Ma-stress ang students sa quota and kung naa’y failure of elections, ma-apil pud ang ELECOM,” counters Calunod.

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Reconstructing Supremacy: The Proposed 2013 CSG Constitution By Nitzschia Cassiopiea Beroe A. Lozarita

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he 19th Directorate of the Central Student Government has been highlighting the revision of the 2005 CSG Constitution for several months already. Last year, the first and second readings of the proposed 2013 CSG Constitution took place. Now that it is finally up for voting, everyone has the right to know what this new constitution brings. Sean Jared Lastimoso, the outgoing VicePresident of the current CSG and Convener of the 19th Directorate, summarized the revisions and amendments of the 2005 CSG constitution into nine main points. First is the birth of a true representative system. When this new constitution is passed, the Law and Medicine students will no longer be required to pay PHP 50 for the CSG fund since they are not undergraduate students and not governed by the CSG. Second is the formal declaration of principles. The democratic and republican governments are now taken into account. Furthermore, the XU CSG shall open opportunities for student sociopolitical engagement that contributes to the transformation of Mindanao and the rest of the country through political education, environment stewardship and community development. The third concept discusses a minor addition to the many roles of the CSG President. He/ she is already required to submit to the Senate an appropriations bill no later than 40 days after assuming office, a practice patterned from the Philippine Constitution. The said bill shall state the budget of expenditures and sources of financing, the proposed revenue measures, and the estimated expenditures of each unit of government.

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