 | BY-LAWS OF GUARDIANS BONAFIDE FOR HOPE FOUNDATION, INC |
MEETINGS
Section 1. Annual Meetings – The annual meetings of the members shall be held at the principal office of the association on Last Sunday of March of each year. The President shall render his annual report to the members regarding the activities of the association. The election directors shall also be held during this regular meeting.
Section 2. Special Meetings – Special meetings of the members shall be called as the need thereof arises, by the Board of Trustees or the President or upon petition of 1/3 of the general membership.
Section 3. Notices – Notices of the time and place of annual, and special meetings of the members shall be given either personally or by special delivery mail, at least two (2) weeks before the date set for such meeting. The notice of every special meeting shall state briefly the purpose or purposes of the meeting.
Section 4. Quorum – A quorum for any meeting of the members shall consist of a majority of the members and a majority of such quorum may decide any question at the meeting, except those matters where the Corporation Code requires the affirmative vote of a greater proportion.
Section 5. Order of Business – The order of business at the annual meeting of the members shall be as follows:
A. Proof of Service of the required notice of the meeting
B. Proof of the presence of the quorum
C.
D. Unfinished business.
E. Report of the President
F. Election of the Trustees for the ensuing year
G. Other matters.
Section 6. Voting Proxy – Each members shall be entitled to one vote, and may vote either in person or by proxy which shall be in writing and filed with the Secretary of the association before the scheduled meeting.
ARTICLE II
TRUSTEES
Section 1. Board of Trustees – The corporate powers of the association shall be exercised, its business conducted and its property controlled by the Board of Trustees.
Section 2. Qualifications – The trustees to be elected must be of legal age and members of the association.
Section 3. Disqualification of Trustees or Officers – No member convicted by final judgment of an offense punishable by imprisonment for a period exceeding six (6) years, or a violation of the Corporate Code of the Philippines committed within five (5) years prior to the date of his election or appointment, shall qualify as a trustee or officer.
Section 4. Term of Office of Trustees – The trustees shall hold for one year until their successors are duly elected and qualified.
ARTICLE III
OFFICERS
Section 1. Officers - The officers of the association shall be a President, a Vice-President, a Secretary, and a Treasurer. They shall be elected by the Board of Trustees from among themselves. The Board may combine compatible offices in a single person.
Section 2. Term of Office of Oficers – All officers of the association shall hold office for one year and until their successors are duly elected and qualified.
ARTICLE IV
FUNCTIONS & POWERS OF OFFICERS
Section 1. President – The President shall be the Chief Executive Officer of the association. He shall preside in all meetings of the members of the association and the board of trustees.
He shall execute all resolutions of the Board of Trustees. He shall be charged with directing and overseeing the activities of the association. He shall submit to the Board as soon as possible after the close of each Fiscal year, and to the members of each annual meeting, a complete report of the activities and operations of the association for the fiscal year under his term.
Section 2. Vice-President – The Vice-President, if qualified, shall exercise all powers and perform all duties of the President during the absence or incapacity of the latter and shall perform duties that maybe assigned by the Board of Trustees.
Section 3. Secretary – The Secretary shall give all notices required by these by-laws and keep the minutes of the members and of the Board of Trustees in a book kept for the purpose. He shall keep seal of the association and affix such seal to any paper or instrument requiring the same. He shall have custody of the members register and the correspondence files of the association. He shall also perform such other duties and work as the Board of Trustees may from time to time assign to him.
Section 4. Treasurer – The Treasurer shall have charge of the funds, receipts and disbursements of the association. He shall keep all moneys and other valuables of the association in such banks as the Board of Trustees may designate. He shall keep and have charge of the books of accounts. He shall also perform such other duties and functions as may be assigned to him from time to time by the Board of Trustees. He shall post a bond in such amounts as may be fixed by the Board of Trustees.
ARTICLE V
MEMBERS
Section 1. Qualification of Membership – The board shall determine the qualification of an applicant for membership.
Section 2. Rights of Members – A member shall have the following rights.
a. To exercise the right to vote on all matters relating to the affairs of the association;
b. To be eligible to any elective or appointive office of the association;
c. To participate in all deliberations/meetings of the associations;
d. To avail of all facilities of the association;
e. To examine all the records or books of the association during business hours.
Section 3. Duties and Responsibilities of the Members – A member shall have the following duties and responsibilities:
a. To obey and comply with the by-laws, rules and regulations that may be promulgated by the association from time to time;
b. To attend all meetings of the association;
c. To pay membership dues and other assessments of the association;
ARTICLE VI
SUSPENSION, EXPULSION AND TERMINATION OF MEMBERSHIP
Suspension, expulsion and termination of membership, shall be in accordance with the rules and regulations of the association.
Any member of the association may file charges against a member by filing a written complaint with the Secretary of the Association. The Board of Trustees shall call a special meeting to consider the charges. The affirmative vote of majority of all the trustees shall be necessary to suspend a member. Provided that where the penalty is expulsion, the affirmative vote of majority of all the members of the association shall be necessary.
ARTICLE VII
FUND
Section 1. Funds – The funds of the association shall be derived from admission fees, annual dues and special assessments of members, gifts, or donations.
Section 2. Disbursements – Withdrawal from the funds of the association, whether by check or any other instrument shall be signed by the Treasurer and countersigned by the President. If necessary, the Board of Trustees may designate other signatories.
Section 3. Fiscal Year – The fiscal year of the association shall be from January 1st to December 31 of each year.
ARTICLE VIII
CORPORATE SEAL
Section 1. Form – The corporate seal of the association shall be in such form and design as may be determined by the board.
ARTICLE IX
AMENDMENTS OF THE BY-LAWS
Section 1. Amendments – These by-laws, or any provision thereof, may be amended or repealed by a majority vote of the members and by a majority vote of the Trustees at any regular or special meeting duly held for the purpose.
CONSTITUTION AND BY-LAWS
1 GUARDIANS Nationalist of the Philippines (1GANAP/GUARDIANS), Inc.
PREAMBLE
We, the officers and members of the 1 GUARDIANS Nationalist of the Philippines (1GANAP/GUARDIANS), Inc., imploring the aid of the Divine Providence and imbued with the desire of protecting and maintaining the standards of the GUARDIANS Movement and the blessings of democracy in order to establish an organization that shall instill the spirit of brotherhood, peace, unity and prosperity, do hereby promulgate and adopt this By-Laws.
Article I
ORGANIZATION
Section 1. The name of the Organization shall be the 1 GUARDIANS Nationalist of the Philippines (1GANAP/GUARDIANS), Inc.
Section 2. Each letter of the word “GUARDIANS” represents the following:
G - Gentlemen
U - United
A - Associates
R - Race
D - Dauntless
I - Ingenuous
A - Advocator
N - Nation
S - Society
meaning, “GENTLEMEN AND UNITED ASSOCIATES OF THE FILIPINO RACE; DAUNTLESS AND INGENUOUS ADVOCATORS OF THE NATION AND SOCIETY”, which when translated in Filipino will mean, “MGA MAGINOO AT NAGKAKAISANG KATUWANG NG LAHING FILIPINO, MAGIGITING AT MATATAPAT NA TAGAPAGTANGGOL NG BANSA AT LIPUNAN.”
Section 3. OFFICE – The principal office of the Organization shall be located in Metro Manila or nearby provinces.
Section 4. MOTTO – The Organization propagates the motto: “Hallmark of Truth, Defender of Democracy.”
Section 5. LOGO – The seal of 1 GUARDIANS Nationalist of the Philippine Inc. shall consist of the bold letter `G’ which stands for GUARDIANS; outside the confines of the letter ‘G’ are the eighteen (18) rays of the sun that symbolizes the eighteen (18) regions of the brotherhood; the alibata or baybayin inscription representing the letter ‘K’ of our modern alphabet symbolizes the kataas taasan; the three (3) stars symbolize Luzon, Visayas and Mindanao; the triangular figure symbolizes the organization’s traditional tattoo; the red, white and blue represents the flag of our country; and the people in the kapit-bisig position symbolizes the strong unity of the organization.
The seal is designated herein below:
Article II
DECLARATION OF PRINCIPLES, PURPOSE AND OBJECTIVES.
Section 1. The Organization believes in the Divine Providence as the source of all creations, power, and authority.
Section 2. The main purpose of the Organization shall be to inculcate, develop and maintain camaraderie and the true spirit of brotherhood among members, in a manner that may effectively address their personal as well as collective interest and concerns, with the end view of contributing to the sustainable developments for our communities, as a non-governmental organization committed to peace and prosperity.
Section 3. The objective of the Organization shall be as follows:
a) To adhere and internalize the enduring core values of love of God, respect for authority, selfless dedication to be of service to our fellowmen, respect for women and the sanctity of marriage; responsible dominion and stewardships over material things, and the wisdom of truthfulness;
b) To promote harmonious relationship, unity and cooperation between and among the members for mutual support and benefits;
c) To generate funds for the organization and its activities thru fund-raising campaigns and/or the establishment of cooperatives, livelihood projects and other similar initiatives;
d) To extend financial support and other forms of assistance, such as loans and scholarship grants, to the members and their immediate families;
e) To promote understanding, solidarity and active participation among our leaders, members, families, friends and supporters;
f) To promote peace, unity and prosperity for our country and its people thru constitutional, legal, democratic and non-violent means;
g) To formulate cost-effective plans and strategies to generate support for all organizational activities, to include media and election-related undertakings; and
h) To be able to prepare a communication plan that will allow the organization to coordinate with all its active members nationwide and overseas.
Section 4. The Organization operates on democratic principles. – it adheres to the Constitution of the Republic of the Philippines, its laws, regulations and ordinances promulgated by duly constituted authorities.
Section 5. The Organization shall be a non-stock and non-sectarian organization.
Article III
MEMBERSHIP
Section 1. The members of the organization shall be the following:
a) Those who at the time of the adoption of this Constitution and By-Laws are members of the DIABLO Squad Crime Busters and all other Guardians factions who will be admitted pursuant to the provisions of this Constitution and By-Laws;
b) Those who are hereafter admitted as members of the organization in accordance with this Constitution and By-Laws.
Section 2. QUALIFICATIONS FOR MEMBERSHIP
A citizen of the Philippines who is of good standing in the community is eligible for membership, provided he/she shall quality and pass the organization’s screening and testing procedures after an application made in writing is given due course.
The organization shall determine the qualifications of an applicant for membership. Among others, the age requirement is at least Twenty One (21) years old.
Section 3. MEMBERSHIP PROCEDURES
Application for membership shall be made in writing in an official form provided for the purpose. An applicant shall only be considered as a member after having passed the five (5) stages of membership, namely:
a. Application – An applicant shall accomplish an official application form duly endorsed by any bona fide member and known as sponsor of the organization which shall be submitted to the Screening Committee of the local chapter for examination and approval.
b. Background Investigation – No one shall be admitted as a member of the organization unless his background has been thoroughly known and investigated to ensure that he/she will not be a liability or source of embarrassment in the future for the organization. As part of the investigation, an applicant is required to present a police clearance from his/her place of residence.
c. Presentation of Applicant – An applicant who has passed the first two (2) stages of membership must be presented to all members during a scheduled monthly meeting. In this stage, the applicant must state his/her personal circumstances and the reasons for joining the organization. An objection from any member will automatically disqualify the applicant but the objection must be justified and approved by the members present. If there is no objection, the applicant must be immediately scheduled for seminar/lecture.
d. Indoctrination Seminar/Lecture – Applicants whose application forms shall have been approved shall undergo an indoctrination seminar on the objectives, aspirations and ideals of the organization.
e. Recognition – In this stage, it has been the practice of the organization to adopt certain customs and traditions by which it sets itself unique from other organizations and giving the members one sense of belongingness and identity essential to the progress and success of the organization.
Section 4. RIGHTS OF MEMBERS
A member shall have the following rights:
a) To exercise the right to vote on all matters relating to the affairs of the organization;
b) To be eligible to occupy an elective or appointive office;
c) To participate in all deliberations or meetings of the organization;
d) To avail of the facilities of the organization; and
e) To examine all records or books of the organization during business hours.
Section 5. DUTIES AND RESPONSIBILITIES OF MEMBERS
A member shall have the following duties and responsibilities:
a) To obey and comply with the By-Laws, rules and regulations that may be promulgated by the organization from time to time;
b) To pay membership dues and other assessments of the organization;
c) To recommend only one applicant for membership belonging to his class or category in one (1) quarter of the year;
d) To file a complaint before the chapter officers or offices concerned depending on the offenses committed.
Section 6. ADDITIONAL RIGHTS, DUTIES, AND RESPONSIBILITIES OF MEMBERS
The organization may promulgate additional rights, duties and responsibilities of members for the best interest of justice and equity to achieve the objectives of the organization as ordained in this Constitution and By-Laws.
Section 7. CLASSES OF MEMBERS
Members of the organization shall be classified as follows:
a) Founder (F) – is composed of senior members of the organization coming from the rank of Supremo/Suprema (SGF/SGM), Ranking Magic Group (RMG), Senior Magic Group (SMG) in the case of MAGIC Groups (MG), Godfather (GF) and Godmother (GM), in the case of uniformed personnel with at least three (3) years of active membership of good standing and who have established or organized at least one (1) local chapter. He stands as the symbolic head of the organized chapter and shall supervise all initiation rites within his/her chapter;
b) Supreme Godfather (SGF) / Supreme Godmother (SGM) – is composed of commissioned officers of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Bureau of Fire Protection (BFP) and Bureau of Jail and Penology (BJMP) with at least one (1) year of active service;
c) Ranking MAGIC Group (RMG) – A civilian member composed of professional and at least holder of a Professional Regulatory Commission card;
d) Senior MAGIC Group (SMG) – A civilian member who are respected leaders of the community and who have rendered exemplary performance and with at least three years of active membership coming from the ranks of MAGIC Group;
e) God Father (GF) God Mother (GM) – is composed of non-commissioned officers of AFP/PNP/BFP/BJMP coming from the rank of single letter;
f) MAGIC Group (MG) – is composed of civilian members with an educational attainment of at least high school graduate or those possessed of special skills and technical know-how and are render services beneficial to the organization. The word “MAGIC” is an acronym which stands for:
M - Moderate
A - Advocator
G - Gentlemen
I - Ingenuous
C - Competent
Section 8. PROMOTION
a) The promotion to the ranks of Founder (F) and God Father/God Mother (GF/GM) shall be subject to the approval of the Provincial Founders Council or a committee created for the purpose and upon the recommendation of the local chapter.
b) The promotion to the rank of Ranking Magic Group (RMG) and Senior Magic Group (SMG) shall be subject to the approval of Provincial Executive Council or a Committee created for the purpose and upon the recommendation of the local chapter.
Section 9. MARKINGS OF MEMBERS
All members must undergo marking/tattooing not for decorative purposes but to signify their lifelong and total commitment to the organization and for all that it stands for. It symbolizes both privileges and responsibilities aside from serving as an identifying mark. It likewise serves the purpose of discouraging those who are not ready to give their full acceptance, dedication or sincerity to the organization.
a) General Markings
MG - represents the MAGIC Group
B - (Blue) represents the Philippine Army
A - (Air) represents the Philippine Air Force
N - (Navy) represents the Philippine Navy
G - (Gold) represents the PNP, BFP, and BJMP
M - (Maroon) represents the Marines
b) Special Markings
F - represents the Founder
SGF/SGM - represents the Supremo/Suprema
(Supreme Godfather/Godmother)
RMG - represents the Ranking MAGIC Group
SMG - represents the Senior Magic Group
GF/GM - represents the Godfather/Godmother
c) The letter markings “GM” stands for GUARDIANS Mindanao, “GV” stands for GUARDIANS Visayas and “GL” stands for GUARDIANS Luzon are tattooed on the superior area in between the thumb and the point finger of the left hand to easily identify areas of membership;
d) Pseudonym – When one is finally admitted as a member of the organization, he/she shall assume a name by which he/she is known and addressed by his /her fellow and make him/her closer with his/her fellow GUARDIANS.
e) All members shall be correspondingly marked by a tattoo in the superior area between the thumb and the point finger of the right hand with letters particularly described above.
f) The GUARDIANS mark including the pseudonym, year of admission and the letter “M” for Mindanao, “V” for Visayas, and “L” for Luzon shall be made permanently by appropriate tattoos on the lateral extremity of the upper right arm just below the shoulder. The design of the tattoo shall be a follow;
(Year of recognition)
D
R I
A A
U (L/V/M) N
G (Pseudonym) S
Section 10. CHANGE OF STATUS OF MEMBERS
In case of change of status, the member concerned shall be marked with the appropriate tattoo in line with the original mark for all promotions except promotions to FOUNDER which shall be on top of the original mark and which shall reflect his present status, subject to another screening and testing procedure.
Section 11. HANDSHAKES AND EMBRACE
Handshake and embrace signify respect, love, unity, solidarity and concern for one another.
Section 12. DISREGARD OF RANK, POSITION, UNIT OR BRANCH OF SERVICE
In the organization, there is no obstacle to an open, free and honest interaction among members. As far as the goals of the organization are concerned and for the purpose of achieving cohesion, all members shall disregard their ranks, occupation, position or unit or branch of services. Thus, irrespective of whether one is a government official or employee, professional or with the Army, Navy, Air Force, Marines or PNP, BJMP and BFP, he/she is simply a GUARDIANS.
Section 13. OATH OF ALLEGIANCE
A bona fide member of the organization shall sign an Oath of Allegiance or Panunumpa.
Article IV
DISCIPLINE
Section 1. DISCIPLINARY ACTION
Any member or officer whose conduct or activities are contrary to this Constitution and By-Laws, as well as other Rules and Regulations of the organization shall be subject to disciplinary action. All administrative complaints shall be filed before the National Investigation and Prosecution Office, and to be heard and decided by the National Justice Tribunal, in the case of National Officers, the Regional Executive Council, in the case of Regional Officers, and the Provincial/City Executive Council, in the case of Provincial/City, Municipal and Barangay Officers and Members. However, the Regional, Provincial and City Chapters are not precluded from constituting a Grievance Committee for this purpose.
Section 2. GROUNDS FOR DISCIPLINARY ACTION
Any member may be suspended or expelled from or stripped of his/her membership and all benefits or privileges due him shall be denied under any of the following grounds:
a) Non-payment of membership fee, annual or monthly dues and other assessments for three (3) consecutive months;
b) Non-payment of fines properly imposed upon him/her one month after the same is ordered final and executory, by the authorities concerned;
c) Failure, despite notice, to attend without sufficient cause, as may be determined by the Executive Council or Committee concerned, for three (3) consecutive monthly or special meetings of the organization;
d) Other serious infractions or violations of any provision of this Constitution and By-Laws and other similar rules and regulations of the organizations after final findings thereof by the disciplinary officers of the chapter concerned.
Section 3. OTHER GROUNDS FOR DISCIPLINARY ACTION
The following are other grounds or causes for disciplinary action:
a) Dishonesty
b) Neglect of Duty
c) Misconduct
d) Gross Incompetence
e) Disgraceful and Immoral Conduct
f) Notoriety
g) Conviction of a crime involving moral turpitude
h) Improper or unauthorized solicitation of contributions or donations
i) Insubordination
j) Abuse of Authority
k) Conduct Prejudicial or Inimical to the general interest of the organization
Section 4. PENALTIES
The following penalties may be imposed upon any erring member or officer:
a) Removal – for serious and grave offences
b) Suspension – for less serious and less grave offences
c) Fine/Admonition/Warning – for light offences
Section 5. FORM OF COMPLAINT
Any complaint against any member or officer shall be made in writing and verified under oath before an officer authorized to administer oath and properly filed pursuant to Section 1 hereof.
Section 6. APPEAL
All decisions, except those made by the National Executive Council and National Founders Council , whose decision is immediately final and executory, shall be appealable within a period of thirty (30) days from receipt by the appealing party, to the higher councils which shall decide the same within a period of sixty (60) days upon receipt thereof.
Article V
GOVERNMENT
Section 1. GENERAL MEMBERSHIP – The General Membership shall be the highest policy making body of the organization. This power is to be exercised through the voting delegates or representatives apportioned of five (5) members for every province during meetings of the National Assembly or National Convention.
Section 2. BOARD OF TRUSTEES – Shall act as the Advisory Body of the Organization, the Board of Trustees composed of five (5) members has the power to call an assembly in case the National Executive Council or the National Founders Council is not functioning or not calling an assembly on the prescribed period as mandated by this Constitution and By-Laws.
However, the National Executive Council and the National Founders Council has the right to choose one (1) adviser each council and automatically become a member of the Board of Trustees.
Section 3. NATIONAL OFFICER – The National Officers shall be composed of the National Executive Council and the National Founder’s Council. The Executive and Legislative powers of the National Officers shall be exercised, its business conducted and its property controlled by the National Executive Council, who shall be elected during the National Convention or Assembly which will be held every three (3) years.
The National Executive Council has the authority to manage the external affair in-behalf of the organization.
The National Founders Council will serve as the Head of Constitutional Bodies and shall be in control of all Founders activities for organizational propagation.
a) The officers of the National Executive Council shall be the President, three Vice President, (Luzon, Vizayas, Mindanao) Secretary, Treasurer and Auditor.
b) The officers of the National Founders Council shall be the Director, Deputy Director, Secretary, Treasurer and Auditor.
c) The voting delegates of the National Convention shall be apportioned to five (5) representatives per province and highly urbanized city. The delegates shall perform the following functions:
1) To hear and pass upon the reports of the Officers of the National Executive Council and National Founders Council;
2) To elect and remove for cause the members of the National Executive Council and National Founders Council;
3) To make final decisions on any significant change in financial policies subject to legal restrictions;
4) To exercise final authority on all matters significantly affecting the organization, unless otherwise provided elsewhere in the Constitution and By-Laws; and
5) To determine the proposed amendments to this Constitution and By-Laws.
d) The National Convention shall be considered as an assembly which shall be held in March every three (3) years.
Section 2. REGIONAL OFFICERS
The Regional Chapter shall be composed of the Regional Executive Council and the Regional Founders Council. The Executive and the legislative powers of the Regional Chapter shall be exercised, its business conducted, and its property controlled by the Regional Executive Council which is composed of five (5) Officers who shall be elected from the Regional assembly to be held every two (2) years.
The Regional Founders Council, which is the advisory body of the region and will serve as members of the National Founders Council. The Regional Founders Council shall be composed of the Provincial/Highly Urbanized City Founders within the region, which is likewise composed of five (5) officers who shall be elected from the regional assembly to be held every two (2) years.
a) The members of the Regional Executive Council shall elect from among themselves a Chairman, Vice Chairman, Secretary, Treasurer, Auditor, Business Manager and PRO;
b) The Regional assembly shall be composed of all elected Provincial/Highly Urbanized City Executive Officers and their respective Provincial/Highly Urbanized City Founders officers.
In case of NCR, the Regional assembly shall be composed of all elected City/Municipal Executive Council members and their respective Founders Council.
c) Functions of the regional Assembly
The Representative to the Regional Assembly shall perform the following functions:
1. To hear and pass the reports of the Officers of the Regional Executive Council;
2. To elect and remove, for cause, the members of the Regional Council;
3. To make final decisions on any significant change in financial policies, subject to legal restrictions: and,
4. To exercise final authority on all matters significantly affecting the organization, unless otherwise provided elsewhere in this Constitution and By-Laws.
d) The Regional assembly shall be held not later than the first Saturday of December every two (2) years;
e) A Special Regional assembly may be called at anytime to consider urgent matters by the Regional Executive Council Chairman.
Section 3. PROVINCIAL/HIGHLY URBANIZED CITY OFFICERS
The Provincial and Highly-urbanized City Chapters shall be composed of the Provincial/Highly-urbanized City Executive Council, and the Provincial/Highly-urbanized City Founders Council. The Executive and Legislative Powers of the Provincial/Highly-urbanized City Officer shall be exercise, its business conducted and its property controlled by the Provincial/Highly-urbanized City Executive Council which is composed of five (5) Officers who shall be elected from the Provincial/City assembly to be held every two (2) years, shall also serve as the promotion board for Ranking Magic Group and Senior Magic Group.
The Provincial/Highly-urbanized City Founders Council, which is the advisory body of the Provincial/Highly-urbanized City Officers, shall serve as the promotion board for Founders and Godfathers, and composed of the Municipal/District Founders within the Province.
a) The members Provincial/Highly-urbanized City Executive Council shall be composed of elected President, Vice President, Secretary, Treasurer, Auditor;
b) The Provincial/Highly-urbanized City assembly shall be composed of all elected Municipal/District Executive Council Officers and their respective Municipal/District Founders.
c) The Provincial Assembly shall be composed of all elected Municipal/Component City Chapter Chairmen and officer. The Highly-urbanized City Assembly shall be composed of the different Barangay, Institutional or District Chapter Chairmen and three (3) other delegates from each chapter;
d) Functions of the Provincial/Highly-urbanized City Assembly:
The Representatives to the Provincial/Highly-urbanized City Assembly shall perform the following functions;
1. To hear and pass the reports of the Officers of the Provincial/Highly-urbanized City Council;
2. To elect and remove, for cause, the members of the Provincial/Highly-urbanized City Council;
3. To make final decisions on any significant change in financial policies, subject to legal restrictions; and
4. To exercise final authority on all matters significantly affecting the organization, unless otherwise provided elsewhere in this Constitution and By-Laws.
e) The Provincial/Highly-urbanized City Assembly shall be held not later than the 1st Saturday of November every two (2) years;
f) A Special Provincial/Highly-urbanized City Assembly may be called at anytime to consider urgent matters by the Provincial/Highly-urbanized City Executive Council Chairman.
Section 4. MUNICIPAL/DISTRICT OFFICERS
The Governing body for activities of the Municipal/District Officers is the Municipal/District Executive Council which is composed of five (5) officers who shall be elected in the annual Municipal/District assembly to be held every one (1) year.
a). The members of the Municipal/District City Executive Council shall be the elected President, Vice President, Secretary, Treasurer, Auditor;
b) The Municipal/District shall be composed of the general membership of the Municipal/District chapter.
c) Functions of the Municipal/District Assembly:
1. To hear and pass the reports of the Officers of Municipal/District Council;
2. To elect and remove, for cause, the members of the Municipal/District Council;
3. To make final decisions on any significant change in financial policies, subject to legal restrictions; and
4. To exercise final authority on all matters significantly affecting the organization, unless otherwise provided elsewhere in this Constitution and By-Laws.
d). The Executive and Legislative powers of the Municipal/District Chapters shall be exercised by the Municipal/District Executive Council while the judicial powers shall be exercised by the Municipal/District Founders.
e). The Municipal/District Council shall have the following functions, powers and authority;
1. To manage the affairs of the Organization;
2. To generate funds, dues, and other revenues for the organization;
3. To receive donations, enter into contracts and engage in income generating projects;
4. To levy fees and/or assessments;
5. To establish an office of the organization;
6. To grant immediate financial, legal, and other assistance to the members only of the Municipal/District Chapter;
7. To regulate the recruitment of members except Founders, prescribing the requirements and procedures for screening and interview only;
8. To promote the well-being and periodic assessment of the actual membership of the chapter;
9. To undertake sports and other professional advancement activities;
10. In case of vacancy, to call for Special Assembly to elect and fill up the vacancy of the council;
11. To make representations with concerned government agencies and non- government organization related to peace and prosperity;
12. To perform such other right or authority as may be granted by the organization.
f). The annual Municipal/District General Assembly shall be held not later than the 3rd Saturday of October every one (1) year;
g). A Special General Assembly may be called at anytime to consider urgent matters.
Section 5. BARANGAY OR LOCAL CHAPTER
The Governing body for the activities of Barangay or Local chapter shall be composed of seven (7) officers who are elected by the member of the Barangay or Local chapter as provided herein for purposes of local governance. A Barangay chapter shall composed of at least thirty (30) members.
a) Function of the Local Chapter;
1) To call a monthly meeting of the members;
2) To remove for cause, the members of the local chapter;
3) To make final decision on any significant change in financial policies, subject to legal restriction;
4) To exercise final authority on all matters significantly affecting the local chapter, unless otherwise provided for in this Constitution and By-Laws;
5) To generate funds, dues, and other revenues for the Local Chapter;
6) To establish and maintain local office or headquarters;
7) To promote the well-being and periodic assessment of the actual membership of the chapter;
8) To engage in any activities which may rebound to benefit of the member;
Section 1. OVERSEAS CHAPTER – All chapters which may be recognized or established in any country outside the Philippines shall have the same instrumentalities, organizational set-up and set of officers as a Regional level as provided herein. Upon establishment and recognition of an Overseas chapter, its members and activities shall be governed by this Constitution and By-Laws, insofar are applicable. The marking of Overseas members shall identify the Country where they have become members.
Article VI
OFFICERS OF THE ORGANIZATION
Section 1. EXECUTIVE COUNCIL AND FOUNDERS COUNCIL OFFICERS
The Executive Council Officers of the organization in Municipal/District, Provincial/Highly Urbanized City, Regional and National Chapters are as follows: President, Vice-President, Secretary, Treasurer, Auditor; except for the National Level where there are three (3) Vice-Presidents, one for Luzon, Visayas and Mindanao.
The Founders Council Officers of the organization in Municipal/District, Provincial/Highly Urbanized City, Regional, and National are as follows: Director, Deputy Director, Secretary, Treasurer and Auditor, except in the National Level where there are three (3) island grouping Deputy Directors, one each for Luzon, Vizayas, Mindanao.
Section 2. APPOINTED OFFICERS
The Executive Council Chairman or President at every level of the organization may appoint other officers, with the consent of a majority of the members in its council, provided that at the national level, such appointments shall be subject to confirmation by the Tribunal on Appointments. The National Executive Council Chairman or the President may appoint Liaison Officers provided that such appointment shall be subject to confirmation by the Tribunal on Appointments.
A Liaison Officer shall have the following duties:
a) He shall represent the corresponding components of the organization at its level;
b) He shall assist the National Executive Council Chairman or President in the conduct of activities involving the civilian and the particular uniformed components of the organization;
c) He shall brief the organization on the particular service activities where the organization may be called upon to participate;
d) He shall perform such other duties as the Council or the Chairman/President may prescribe.
Section 3. QUALIFICATIONS OF OFFICERS
All elected, appointed and Constitutional Officers shall have the following qualifications:
General
a) He/She must be a bona fide member and of good moral standing, and
b) He/She is not convicted nor has a pending criminal or administrative case involving moral turpitude.
Specific (National Level)
a) Office of the President – He must be a Ranking MAGIC Group (RMG) or Supremo (SGF);
b) Office of the Vice-President – He must be a Ranking MAGIC Group (RMG) or Supremo (SGF);
c) Office of the Constitutional Bodies – He belongs to the Founders Council or a bona fide active member with the rank of Ranking MAGIC Group (RMG).
d) Office of the Elected Officers – Any member of good standing in the organization, and
e) Office of the Appointive Officers – Any member of good standing in the organization.
Section 4. DISQUALIFICATION OF OFFICERS
Constitutional and Appointed Officers are disqualified to run in any elections of the organization. Elected Officers are considered resigned in their position at the lower level of the organization.
Section 5. COMPENSATION
The officers of the organization shall serve without compensation
Section 6. TERM OF OFFICE
The officers of the organization shall hold office for two (2) years, except national officers who shall serve for three (3) years or until their successors shall have been elected and qualified, but shall not serve in the same office for more than three (3) consecutive terms.
Section 7. DUTIES OF THE NATIONAL OFFICERS
I. NATIONAL EXECUTIVE COUNCIL CHAIRMAN/PRESIDENT
a) He is the Chief Executive of the National Executive Council;
b) To preside in all official meetings of the National Executive Council; and,
c) To represent the organization in all social functions.
II. EXECUTIVE VICE CHAIRMAN/PRESIDENT
a) He shall perform the duties of the President during the absence or incapacity of the latter.
III. SECRETARY
a) He shall keep a complete record or list of all members and maintain a correct record of all minutes of the meeting of the organization;
b) He shall give notice of all meetings called;
c) He shall take care and facilitate all communications addressed to the organization;
d) He shall turn over all books and other properties in his possession to his successor.
IV. TREASURER
a) He shall be the custodian of all the funds and properties of the organization;
b) He shall keep the financial records and transactions of the organization; and
c) He shall sign all disbursement of funds of the organization. The same shall be countersigned by the President.
V. AUDITOR
a) He shall audit and monitor the funds of the organization from time to time;
b) He shall certify the record of financial reports that may be submitted to the organization; and
c) He shall advice the President on the financial condition of the organization and to recommend cost saving measures.
Article VII
MEETING, NOTICE, QUORUM, AND OTHER RELATED MATTERS
Section 1. COUNCIL MEETING
The Council may conduct meetings on the following schedule:
a) Regular Meeting – The National, Regional, Provincial/City and the Municipal/District Councils shall determine its regular meeting;
b) Special Meeting – The Council may conduct special meeting anytime upon call of the President or upon written request by at least five (5) members.
Section 2. NOTICES
Notices of date, time and place of all assemblies/meetings shall be published/disseminated by the Secretary at least five (5) days prior to the meeting, which notice shall state the agenda and whenever necessary, for the members advanced consideration, accompanied by appropriate papers. Notice of any special assembly/meeting shall specify the purpose/s for which the meeting is to be held, and no other business other than as stated, or those related thereto shall be considered during the meeting.
Section 3. QUORUM
Assembly – A quorum shall consist of at least twenty five percent (25%) of Provincial representation in case of National Assembly;
Council – The quorum requirement for a meeting of the Council shall be majority of the numbers thereof.
Section 4. MANNER OF VOTING
a) Members of good standing shall be qualified to vote and be voted upon and participate in the assembly;
b) Election and removal of officers shall be consists of the majority of the members;
c) Actions on all other matters shall be in any manner as will reflect truly and correctly the decision of the membership; and
d) Members shall be entitled to one vote and they may vote only in person or by proxy.
Section 5. ORDER OF BUSINESS
The order of business at the assembly of the members shall be as follows:
a) Proof of service of the required notice of the meeting except when such notice is waived by the members constituting a quorum;
b) Proof of the presence of a quorum;
c) Reading and approval of the minutes of the previous annual meeting except when such reading is dispensed with by a majority vote of those present;
d) Unfinished business;
e) Report of the Chairman/President;
f) Elections of the Council members and for the ensuing year;
g) Other matters
h) The order of business of any assembly may be changed by a vote of a majority of members present.
Article VIII
CONSTITUTIONAL BODIES
Section 1. NATIONAL TRIBUNAL ON APPOINTMENT
a. Duties and Powers
The National Tribunal on Appointments shall decide all administrative questions affecting appointments extended by the National Executive Council Chairman/President, and shall exercise all other functions which may be conferred upon it by the organization. Appointments shall be made only according to regulations provided by the organization. It shall pass upon and attest all appointments.
b. Composition
The Chairman and nine (9) other members of the tribunal shall be appointed by the National Founders Council Officers.
Section 2. NATIONAL ELECTION TRIBUNAL
a. Duties and Powers
The national Election Tribunal shall have exclusive charge of the enforcement and administration of all regulations relative to the conduct of elections and shall exercise all other functions, which may be conferred upon it by the organization. It shall decide, save those involving the right to vote, all administrative questions affecting elections, including the determination of the number and location of polling places and the appointment of election officers and of other election official and member.
The decision, orders and rulings of the National Election Tribunal shall be subject to review by the national Justice Tribunal.
b. Composition
The Chairman and nine (9) other members of the tribunal shall be appointed by the National Founders Council Officers.
Section 3. NATIONAL JUSTICE TRIBUNAL
a. Duties and Powers
The quasi-judicial body that deals with the administrative and disciplinary machinery of the association shall be vested in the national Justice Tribunal and in such inferior offices, as may be established by the organization. It has jurisdiction to review, revise, reverse, modify or affirm an appeal, final decisions of inferior offices in: All cases in which the constitutionality or validity of any resolutions, circulars, regulations, decisions or implementing orders is in question. All cases in which the jurisdiction of any inferior is in issue. All cases in which an error to question of law is involved. It shall exercise original jurisdiction over complaints filed involving national officers.
b. Composition
The Chairman and nine (9) other members of the tribunal shall be appointed by the National Founders Council Officers.
Section 4. NATIONAL INVESTIGATION AND PROSECUTION OFFICE
a) Duties and Responsibilities
The National Investigation and Prosecution Office shall have exclusive charge for the enforcement and administration of all regulations relative to the security of all officers and members of the organization; the investigation and prosecution of all offenses in violation of the Constitution and By-Laws and infractions of existing regulations; and shall exercise all other functions, which may be conferred upon it by the organization.
b) Composition
The Chairman and nine (9) other members of the tribunal shall be appointed by the National Founders Council Officers.
Section 5. QUALIFICATIONS
Constitutional Officers shall have the following qualifications:
a. He/She is a natural born citizen of the Philippines;
b. He/She is at least twenty-six (26) years of age; and
c. He/She has been an active member of the organization for at least five (5) years.
Section 6. TERM OF OFFICE
a. Constitutional Officers and Members
The Constitutional Officers and Members shall hold office during good behavior for a period of five (5) years without reappointment or until they have become incapacitated to discharge the duties of their office.
Section 7. IMPEACHMENT
The officers and members of the Constitutional Office may be removed from office on impeachment for and conviction of serious crimes and culpable violation of this Constitution and By-Laws. The National Assembly, by a vote of two-thirds (2/3) of all its members, shall have the sole power of impeachment. When the Chairman/President is on trial, the Chairman of the Justice Tribunal shall preside.
Article IX
COMMITTEES
Section 1. COMMITTEE/S CAN BE CREATED AND ESTABLISH AS THE NEED ARISES.
Article X
FUNDS
Section 1. SOURCES OF FUNDS
The funds of the organization shall be derived from membership fees, dues, assessments, grants, contributions, donations, and from other fund-raising activities.
Section 2. Every member of the organization shall pay the following:
Membership Fee – Php 170.00
Monthly Dues – Php 30.00
Section 3. RETENTION OF FUNDS
Out of the funds realized and collected from monthly dues shall be distributed and paid by the Treasurer of the local or collecting chapter as follows:
a) 2.50 php shall be remitted to National Office as its share; 1.00 php of which shall be allocated to the Founders Council;
b) 4.00 php shall be remitted to the Regional level as its share; 1.00 php shall be allocated to the Founders Council;
c) 4.00 php shall be remitted to the Provincial level as its share; 1.00 php of which shall be allocated to the Founders Council;
d) 4.50 php shall be remitted to the Municipal level as its share; 1.50 php of which shall be allocated to the Founders Council; and
e) 15.00 php shall be retained by the locals collecting chapter.
Schedule of Remittances – The remittances of the annual chapter dues shall be made by the Treasurer of the collecting chapters as follows:
a) Provincial chapter - 2nd week of February of every year
b) Regional Chapter - 2nd week of March of every year
c) National Chapter - 2nd week of April of every year
Section 4. DISBURSEMENT
Withdrawal from the funds of the organization, whether by cheque or any other instrument, shall be signed by the Treasurer and counter-signed by the President or in his/her absence, the Vice-President. Disbursements shall be made only when a resolution is passed and approved by the council to that effect.
Section 5. OTHERS
All other incomes, funds and revenues realized from membership fees, assessments, grants, donations, and from all other sources, except real and fixed assets and applied at the end of the year shall revert to the general fund.
Section 6. ALLOCATION OF GENERAL FUNDS
Allocations of General Fund shall be as follows:
30% - Mortuary, Accident and Mutual Assistance
30% - Operating Expenses
25% - Miscellaneous Projects
10% - Professional Advancement
5% - Contingency Fund
Section 7. FISCAL YEAR
The Fiscal year of the organization shall be from January 1st, to December 31st of each year.
Section 8. AUDITING
Chapter Auditor shall conduct an audit in accordance with the rules and procedures in auditing on or before the 31st of January of every year.
Section 9. REPORT OF ASSETS AND LIABILITIES
All Chapters shall submit an annual report of Assets and Liabilities, which will be presented during their respective General Assembly meetings at all levels
.
Article XI
AMENDMENTS
Section 1. AMENDMENTS
Amendments, modifications or repeal to this Constitution and By-Laws may be proposed in writing by at least twenty five (25) members of the organization. Furnishing copies thereof to each member of the National Council who shall consider such proposed amendments within thirty (30) days upon receipt thereof. Such proposed amendments shall state thereon the old provisions and the proposed new provisions.
Amendments to this Constitution and By-Laws shall be approved by two-thirds (2/3) vote of all the delegates to the National Convention or National Assembly.
Article XII
TRANSITORY PROVISION
Section 1.
All Acts, things, deeds, contracts, agreements, disbursements, and other actions that have been made, executed and signed, and performed previously, not inconsistent with this Constitution and By-Laws which are necessary and requisite to be done in about the premises, are hereby ratified and confirmed to have been done or cause to be done by virtue thereof.
Section 2.
All existing laws, proclamations, issuances not inconsistent with this Constitution and By-Laws shall remain operative until amended, modified or ratified.
Section 3.
There shall be an election of the National Executive Council and the National Founders Council immediately upon the ratification of this Constitution and By-Laws and shall hold office in their respective capacity until their respective successors shall have been elected and qualified following an election in a National Convention called for the purpose as provided for in this Constitution and By-Laws.
Article XIII
EFFECTIVITY
Section 1. EFFECTIVITY
This Constitution and By-Laws shall take effect upon its approval by the affirmative vote of the undersigned members representing a majority of the members of the organization and upon ratification by majority of the delegates to the National Convention duly called for the purpose, with the corresponding Board of Trustees Certificate for the adoption of this Constitution and By-laws duly signed by majority of its members.
Adopted this 20th day of March 2010 at Makati City, Metro Manila, Philippines.
JOB P. VALENZUELA ANTONIO M. AMULONG
JULIUS M. LAROBIS JESUS G. FRIVALDO
CESAR R. ACERO ABRIELITO B. PERIA
GERMILINO V. BATAC GENEROSO L. LAT
EDWIN P. MOLAO LORENZO R. ENDAYA
GUILLERMO A. MAALA
