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Friday, December 10, 2010

PYAP-Maguindanao Provincial Federation

CONSTITUTION AND BY-LAWS
Maguindanao PAG-ASA Youth Association
(PYAP-Provincial Federation)




PREAMBLE

We, the Officers and members of the PAG-ASA Youth Association of the Philippines, Inc. (PYAP, INC) imploring the aid of almighty GOD in order to build a just and humane society that promotes the total development of out of school youth and other disadvantage youth to become self-reliant, economically productive and socially responsible citizens, endowed with values and behavior to assist the government in promoting justice, freedom, love, equality and peace do ordain and promulgate this Constitution and By-Laws.



Article I
Meetings

Section 1. The Provincial Federation meeting shall be called by the Provincial Federation President every last week of the month.

Section 2. Attendance of all Provincial Federation Officers is expected at all times.

Section 3. If an officer does not attend 3 consecutive meetings without an apology, such an officer maybe asked to resign.

Section 4. An agenda should be prepared and sent to all members at least 3 days before the meeting. The agenda is prepared by the Provincial Federation President, Secretary, and approved by the Provincial Social Welfare Officer.

Section 5. Committees should provide written reports.

Section 6. The quorum for the Provincial Federation meeting is a majority of the filled positions of the Provincial Federation.

Section 7. If at the expiration of 30 minutes after the appointed time for the meeting there is no quorum present, the meeting must stand adjourned to such time and place as those officers present determined.

Section 8. Except in the case of a special resolution, a decision of the majority of those officers present are eligible to vote is the decision of the Provincial Federation Officers.

Section 9. Voting procedures must be known to all Provincial Federation Officers.

Section 10. The Provincial Federation President must have a deliberate vote only. In the event of an equality of votes, the Provincial Federation President does not have a second casting of vote and the motion must be take to be defeated.

Section 11. The officers of the Provincial Federation may, at its discretion allow non-member who have special interest or knowledge relevant to the officers to attend its meeting as observers and, if agrees, take part in discussion o particular issues. Non-members cannot vote.

Section 12. Minutes of the meeting must be provided and kept by the Provincial Federation Secretary for reading during the next schedule meeting.


Article 1.1 Special meeting maybe called as the need arises by the Board of Trustees or the Provincial Federation President or upon petition of 1/3 of the general membership with jurisdiction.

• Notices- Notices of the date, time and place of annual, monthly and special meetings of the members shall be given personally or by special delivery mail, at least one week before the date set for such meeting. In urgent cases, the notice maybe communicated at least 2 days before the meeting or by telephone, or by telegram, if contact is not possible. The notice of every special meeting shall state briefly the purpose or purposes of the meeting. No other business shall be considered at such meeting, except with the consent of all members present thereat.

• Waiver of Notice- Notice of meeting may be waived verbally by any member attending it.


• 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 Corporate Code requires the affirmative vote of a greater proportion.


• Order of Business- The order of business at the annual meeting of the member 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 a majority vote of those present.
d) Business arising
e) Business of the Day
f) Other Matters
g) Adjournment


The order of business at any meeting may be changed by a vote of a majority of the members present thereat.

Article II
Trustees

Section 1. Board of Trustees- The corporate powers of the association shall be exercised, its business conducted and it is properly controlled by the Board of Trustees and the projects/activities will not be implemented without majority signature of the member of the Board of Trustees.

Section 2. Qualifications- No members shall be eligible for election to the Board of Trustees unless he has the following qualification:

 Must be a Regional/Provincial/City/Municipal President of the PAG-ASA Youth Association.

Section 3. Disqualification of Directors, 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 this code, committed within five (5) years prior to the date of his election or appointment, shall qualify as trustees or officer.




Article III
Officers


Section 1. Officers- The officers of the Provincial Federation association shall be composed of the;

1 President
1. Vice-President
2. Secretary
3. Treasurer
4. Auditor
5. Public Relation Officer
6. Business Manager

They shall be elected by the Board of Trustees from among themselves. The Board may combine compatible offices in a single person.


Section 2. Qualifications- No member shall be eligible for election to the Board of Trustees unless he has the following qualifications:

1. An out-of-school youth not enrolled/graduated in a four year degree course and vocational/technical course

2. Must be 15 to 24 years old, single


3. Not employed (Open Employed/Self Employed)

4. If elected out-of-school youth but had the opportunity to go back to school or/and had been employed after the election, he/she has to continue the term of office base on the term limit or until the end of his recent term.



Section 3. Term of Office of Officers- All officers of the Provincial Federation association shall hold office for two (2) years and/or until their successors were duly elected and qualified. If the president is incapable of serving the organization, he should prepare and submit a resignation letter addressed to the body stating the reason of his resignation. The Vice President will automatically assume the office and the remaining term. If the Vice President is also incapable, the President himself may appoint to fill up the position based on the qualification. If both positions9President and Vice President) are vacant, a recall election should be held. The incumbent officer can be re-elected for three (3) terms as long as he/she qualified but not in the President Position.


Section 4. Manner of Election- Election of officers shall be made through nomination by attending thereat and shall be done through secret balloting. In the case of municipal and provincial/city federation, election of officers shall be among the president of each federation, to wit:

• Municipal Federation shall be among the president of Barangay PYAP; and election of officers shall be conducted on the month of August.

• Provincial or City Federation shall be among the president of Municipal Federation; and election of officers shall be conducted on the month of September.


In case of a tie, there will be a recasting of vote.








Article IV
Functions & Powers of Officers


Section 1. President-
The Provincial Federation President shall be the Chief Executive Officer of the Provincial association. In addition to duties as such. He shall preside in all meetings of the Board of Trustees and those of the members of the association. In a case of the absence due to incapacity/death of officer from secretary down to lower positions.


He/she shall execute all resolutions and/or decisions of the Board of Trustees. He/she shall be charged with directing and overseeing the activities of the association. He shall appoint and have control over all employees of the association, review and approve expense voucher. Together with the Secretary of the association, he shall present to the Board of Trustees and the members of the budget. 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 activities and operations of 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 absence or incapacity of the later and shall perform duties that may be assigned by the Board of Directors.


Section 3. Secretary-
The Secretary shall give all the notices required by these by-laws and keep the minutes of all meetings of all committees, in a book kept for the purpose. He/she shall keep the seal of the association and affix such seal to any paper or instrument requiring the same. He/she shall have custody of the correspondence files and all other papers that are to be kept by the Treasurer. He/she shall maintain the member’s register, have charge if the bulletin board at the principal office of the association. He shall also perform all 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/she shall keep money and other valuables of the association in such banks as the book of accounts, which shall be open to inspection by any member of the Board of Trustees, whenever required, an account of financial condition of the association and of all transactions made by him as Treasurer. He/she 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 amount as may fixed by the Board of Trustees.





Section 5. Auditor-
He/she shall examine financial records, properties and audit money. He/she shall also perform other functions as may provided by the Board of Trustees.



Section 6.Public Relation Officer (PRO)
- He/she shall serve as information officer responsible for any activity with regard to dissemination of communication letters and other necessary functions as may be provided for by the trustees.



Section 7. Business Manager-
He/she shall be responsible for the planning of projects, responsible for looking for venues, foods and etc. of the project to be undertaken. He/she shall perform such other duties and functions as may be assigned to him/her from time to time by the Board of Trustees.







Article V
Membership


Section 1. Qualification for Membership
The qualifications are as follows:

1. Out-of-School Youth (OSY)
• Must be 15 to 24 years old, single
• Even if the OSY has reached the age of 24 and above but not older than 30, he she can still be elected and continue to hold his/her office if qualified but not unless he/she got married.



2. In-school Youth (ISY)
• Must be 15 to 24 years old, single
• The ISY can enjoy the same privilege except being appointed nor elected as an officer.




Section 2. Rights of Members- A member shall have the following rights:

a. To exercise the right to vote on all matter 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 association;

d. To avail of all the facilities of the association;

e. To examine all the records or books of the association during business hours.



Section 4. Duties and Responsibilities of the Member- A member shall have the following duties and responsibilities:


a. To obey and comply with the by-laws, rules and regulations that may promulgated by the association from time to time;

b. To attend all meetings that may be called by the Provincial Federation President


c. To pay membership dues and other assessments that may be imposed by the Provincial Federation




Article VI
Provincial Federation Code of Conduct
(Series of October 2010)

 A governing Provincial Federation Officer must act honestly, in good faith and in the best interest of the association

 A governing Provincial Federation Officer must use the powers of office for proper purpose, in the best interest of the association and the province as a whole.


 A governing Provincial Federation Officer must not make improper use of information gained as an officer.

 A governing Provincial Federation Officer must not take advantage of the position of the governing Provincial Federation.

 A governing Provincial Federation Officer must not let personal interest conflict with interest of the province.

 A governing Provincial Federation Officer has obligation to ensure that sound decisions are made by the governing Provincial Federation


 A governing Provincial Federation Officer must treat confidential information appropriately and should not bring discredit to the province.

 A governing Provincial Federation Officer should all times comply with the spirit as well as the letter of this code.



Risks of becoming a memberof the
Maguindanao PAG-ASA Youth Association
(PYAP-Provincial Federation Officer)
Province of Maguindanao

• Power struggle and conflict among stakeholders
• Possible abuse of power
• Member’s self interests
• Possible resistance to good policies and programs
• More distraction to the province
• Possible instability of Provincial Federation composition
• Diffusion of Provincial Government Officials command responsibility
• Possible misunderstanding among community



Potentials of Maguindanao PAG-ASA Youth Association as
PYAP-Provincial Federation of Maguindano Province



• Broader “ownership” of Provincial Federation

• More leeway for viable local solutions


• Greater resources for sustainability

• Grassroots support as source of stability


• Provincial Federation success depend more on results below rather than recognition from above

• More votes for improvement than for patronage


• Provincial Government Officials backing and opportunity to lead

• Relieves rest of Government agencies to solve other problems


Article VII
The Code of Practice/Code of Conduct

• Forms part of the legal and regulatory framework under which the federation operates

• Embraces the values of honesty, integrity, enterprise, excellence, accountability, justice, independence and equal opportunity, and these values form the basis of actions and decisions


• Is issued as an administrative instruction, thus shall be complied with by each and under Provincial Federation members.




Article VIII
Characteristics of an Effective
PYAP- Provincial Federation Officer
Adapted from UK periodical Managing Schools Today


1. Openness

2. All necessary information


3. Effective communication

4. Support and trust


5. Complementary roles

6. Personal development

7. Cooperation

8. Appropriate procedures

9. Good leadership

10. Goals and priorities


In General, Potentials Attractive, Risks Manageable


• No one-size fits all; no one time deadline

• Each federation to develop and move at own pace


• No administrative penalties for not moving at pace with other

• Considerable rewards for moving forward


• Benefits will fuel sustainability: success will be addictive; better outcomes will fuel demand for greater change.



Article IX
Suspension, Expulsion and Termination of Membership


Suspension, expulsion and termination of membership/officer ship, shall be in accordance with the rules and regulations of the association such as follows:

a. Conviction of any offense

b. Three (3) consecutive absences in the meetings with no valid reason


c. When he/she got married

d. Gross disrespect to the subordinate/superiors


e. Violation of any provision of this Constitution and By-Laws



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 of the members to consider the charges. The affirmative vote 1/3 of all members of the association shall be necessary to suspend a member; provided where the penalty is expulsion, the affirmative vote of 2/3 of all the members shall be necessary to expel a member.

Any member of the association who got married shall be automatically terminated.


Article X
Funds


Section 1. Funds- The Funds of the association shall be derived from income generating, solicitation, gifts, and donation or benefits.


Section 2. Fees and Dues- Every member of the association shall pay dues and/or assessments that may be imposed by the association.

Section 3. 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 4. The fiscal year of the Provincial Federation shall be from October 1st to September 30th of each year




Article XI
Corporate Seal



Section 1. Form- The corporate seal of the Provincial Federation shall be in such form and design as may determined by the Board, DSWD Provincial Social Welfare Officer, DILG and National Youth Commission



Article XII
Reports and Documentation


Section 1. Reports and Documentation- All PAG-ASA Youth Association of the Philippines at all levels shall submit quarterly accomplishment report (QAR) and other related reports to the respective federation offices at the City/Municipality/Provincial and Regional Offices where they belong. Likewise, the Regional Federation shall furnished copy to the National Office. There shall be uniform or prescribed format of the accomplishment report from the Barangay to National level and such form shall be distributed by the Central Office.


Article XIII
Alumni


Section 1. Composition- All outgoing officers and members shall be automatically qualified as PAG-ASA Youth Association of the Philippines Alumni.




Article XIV
Amendments of the By-laws

Section 1. Amendments- These Provincial Federation By-laws, or any provision thereof, maybe amended or repeated by 2/3 vote of the Provincial Board of Trustees and Provincial Federation Officers in a Provincial convention held for a purpose.


Section 2. There shall be no amendments, which shall be held within five (5) years immediately after the ratification and adaptation of this constitution and by-laws.



Ratified this 29th day of September, 2010 in El Comedor Grill, Sinsuat Avenue Cotabato City, Philippines by the affirmative vote of the undersigned officers representing a majority of the members of the Provincial Federation Officers and some Municipal Federation Presidents of Maguindanao Province, duly held for a purpose and duly approved for the purpose on October 10th, 2010 at DSWD-Provincial Office, ORG-Compound, Cotabato City, Philippines



The adoption of this CBL takes effect this 10th day of October 2010.





Present:






MAGUINDANAO PAG-ASA YOUTH ASSOCIATION
(PYAP-Provincial Federation Officers)
Maguindanao Province



President : CLIFTON S. MANGANSAKAN
(Datu Salibo Municipality)

Vice-President : JESSALINE JERRAIYAH MAE AMPATUAN
(Shariff Aguak Municipality)

Secretary : NOR-EIMMAN BALAYMAN
(Buluan Municipality)

Treasurer : JEAN BURINGOT
(Sultan Kudarat Municipality)

Auditor : FAHAD MOHAMMAD
(Datu Saudi Ampatuan Municipality)

Public Relation Officer : VICTOR JAY SABANDO
(Datu Odin Sinsuat Municipality)

Business Manager : MARYNISSA PAGLALA
(General Salipada K. Pendatun Municipality)





Members of the BOARD OF TRUSTEES



1. ALIODEN T. MAGARANG
BARIRA Municipality

2. AMANAH TOMAWIS
BARIRA Municipality

3. ROGER B. TIWIS
TALAYAN Municipality

4. FATIMA M. KAMENZA
MANGUDADATU Municipality

5. ABDULBASIR U. INDA
PANDAG Municipality

6. URABIE JOSEPH PENN B. AMPATUAN
SHARIFF SAYDONA MUSTAPHA Municipality

7. HASIM A. BALIWAN
AMPATUAN Municipality

8. AIDA G. LABA
TALITAY Municipality

9. ARAFAT PANALANGIN
DATU ANGAL MIDTIMBANG Municipality

10. ANNA K. BAGANIAN
SHARIFF AGUAK Municipality

11. MYREL K. TOMAS



DATU HOFFER AMPATUAN Municipality






Prepared by:




CLIFTON S. MANGANSAKAN
Provincial Federation President




Recommending Approval:





HADJA EMMA SALIK-ALI, RSW,MTSW
Social Welfare Officer III






Approved by:





HADJA ELSIE C. AMIL, RSW
Provincial Social Welfare Officer

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