CONSTITUTION AND BY-LAWS

DepEd Mulanay District I

(MAsPEE)

PREAMBLE

We, the public elementary employees of the Department of Education Mulanay

District I, Mulanay, Quezon, in order to promote our moral, spiritual, social and economic
well-being; protect and uphold our individual and collective rights, as well as foster
harmonious and progressive labor management relations, do hereby promulgate this
CONSTITUTION AND BY-LAWS.

ARTICLE I
NAME AND DOMICILE

Section 1. This association shall be known as the Mulanay Association of Public Elementary
Employees hereinafter referred to as the MAsPEE.

Section 2. The MAsPEE shall have its principal address at Ajos Elementary School, Brgy.
Sto. Nino, Mulanay, Quezon.

ARTICLE II –
DECLARATION OF PRINCIPLES

Section 1. The association has for its objectives:

a. to represent the public elementary school teachers, administrators and non- teaching
personnel of Mulanay District I.
b. to promote the moral, spiritual, social, educational and economic well-being of its
members;
c. to protect and uphold the individual and collective rights of its members;
d. to foster harmonious relations with all sectors and entities within and outside the
Association;
e. to strive for the adoption of legislative and other measures which shall promote the
economic and social welfare of its members;
f. to establish a continuing consultation mechanism between association and
members for better treatment and participative decision-making;
g. to serve as a linkage between management and employees on other matters
concerning the employees not specified above.
 ARTICLE III –
NAME OF EMPLOYER AND PLACE OF OPERATION

Section 1. The name of the definite employer of the association is the Department of
Education Mulanay District I, with principal address at the Ajos Elementary School,
Brgy. Sto. Niňo, Mulanay,Quezon.

ARTICLE IV -
MEMBERSHIP

Section 1. Every public elementary school teacher, administrator and non-teaching

personnel of the Department of Education Mulanay District I who may come from
Mulanay and municipalities who are teaching in Mulanay District I not otherwise
disqualified by law regardless of sex, race, religion, or political belief or affiliation
with good reputation is eligible for membership in the association. In no way a
subversive or persons who profess subversive ideas be admitted as member of the
Association.
Section 2. Teaching and Non- Teaching Personnel shall be called as regular members and
the administrators (teachers-in-charge, officers-in-charge, head teachers, principals
and district supervisor) shall be called as honorary members.
Section 3. Bonafide employees of the DepEd Mulanay District I may become members of
the association by accomplishing an application for membership and upon payment
in full of the required membership fee.
Section 4. Members who transfer to other district and retiring members may opt to remain
members of the association provided that they pay all their dues and financial
obligations to the Association.
Section 5. Members who cease their membership shall apply for termination of membership
and waive all the benefits stipulated in this constitution and by-laws.

ARTICLE V -
ASSOCIATION STRUCTURE, COMPOSITION AND OFFICERS

Section 1. The association shall have its Executive Board and Standing Committees.
Section 2. The Executive Board shall have its President, Vice-President, Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, Auditor, Business Manager, Public
Information Officer, two Sergeant-at-Arms, and Representative
Section 3. The Executive Board shall be elected by a majority vote of all the members
present during the election every second year before the end of the terms of current
officers. The election shall be held through secret balloting.
Section 4. The term of office of all elected officers in the Executive Board shall be two
 years. They may be re-elected for another term but not on the third term for the
same position unless there is a gap of one term of office after the lapse of their
term.
Section 5. An Election Committee shall be appointed by the Executive Board before the
end of every term to conduct and supervise the election and shall have the sole right
to announce the elected officers.
Section 6. Election done by other means other than secret balloting shall be automatically
deemed null and void.
Section 7. In case of vacancies in the Executive Board except the President, the same may
be filled up by appointment. In case of vacancy in president’s position, the vice-
president shall assume the position. Those appointed/elected to fill the vacancy
shall serve only for the unexpired period of the term of the replaced officers.

ARTICLE VI -
DUTIES AND POWERS

The Executive Board

President
Section 1. The President shall be the Executive Officer of the Association. Duties and
powers shall include the following:

a. presides all meetings of the association;

b. appoints all members of the working committees and vacancies in the executive
board’s position;
c. approves documents and vouchers covering the applications or expenditures of
the association subject to the rules and regulations of this constitution and by-
laws before disbursement is made by the treasurer;
d. calls special meeting of the association whenever deems necessary or upon
written request of the officers;
e. represents the association on all occasions and all matters in which
representation of the association may be agreed upon or required;

Vice-President

Section 2. The Vice-President may perform the duties and functions of the President in
case of the latter’s disability, death or resignation. He shall perform functions that
may be assigned to him by the President. In case of leave-of-absence of the
President, the Vice-President shall take charge the duties and functions of the
former.
Secretary and Assistant Secretary

Section 3. The Secretary shall perform the following duties and functions:

a. takes down minutes of the meetings of the general membership and of the
association;
b. acts as custodian of all records, documents, minutes of the meetings of the
association and of the general membership as well as printed and/or written policies,
projects and activities of the association;
c. submits to the DOLE and CSC the list of officers, and their respective addresses,
minutes of election and list of voters within 30 days from the date of election or
from the occurrence of a change in the association officers and such other
documents or papers as may be required by the DOLE and CSC.

Treasurer and Assistant Treasurer

Section 4. The Treasurers shall perform the following duties and functions:

a. collect, receives and issues receipts for all money, funds and contribution to the
association;
b. make sure that all disbursements and payments made are covered by vouchers,
accompanied by the necessary receipts and prior to the approval of the PRESIDENT;
c. keep a record of all receipts and expenditures; furnish copies of financial statements
to be posted on the transparency board of the association;
d. present financial statements at every district meeting and association’s general
assembly;
e. prepare such financial reports as required by the members and the DOLE which shall
include all money and the remaining balance in hands at the time of rendering such
account and all bonds and securities and other properties of the organization
entrusted to his custody or under his control. The rendering of such account shall be
made at least once a year within thirty (30) days after the close of the Association’s
fiscal year. At such other times as may be required by a resolution of the majority of
the members of the organization or the Executive Board, and upon vacating his
office or dissolution of the Association for any cause. The account shall be verified by
affidavit, duly audited by a Committee on Internal Audit and copy thereof furnished
the Secretary of DOLE;
f. turn over all financial records, properties and funds of the association to the
successor upon the end of the term as treasurer of the association
Auditor

Section 5. The Auditor shall perform the following duties and functions:

a) audits, verifies and examines all financial accounts of the association;

b) supervises the entries in the books of accounts of the association and shall render a
report of audit as may be required by the association;

Business Manager

Section 6. The Business Manager shall perform the following duties and functions:

a) manages social and business activities of the association;

b) plans activities and projects for the welfare of the members of the association;
c) submits reports and documents upon implementation of social activities and projects
of the association.

Public Information Officer

Section 7. The Public Information Officer shall perform the following duties and functions:

a) ensures proper dissemination of information about the activities held by the

association
b) takes charge on sending invitations to general members and other personalities
needed to be involved in different activities planned by the association for the
welfare of all the members
c) releases information and updates related to the activities held by the association

Sergeant-at-arms

Section 8. The Sergeant-at-arms shall perform the following duties and functions:

a. take charge of the preservation of peace and order at meetings of the general
membership;
b. plan and promote activities that will strengthen the camaraderie and
interpersonal relationship of the association members;
c. Perform duties and functions as chairman of the grievance committee
Representatives

Section 9. The Representatives shall perform the following duties and functions:

a) represent the schools and its members during special meetings called upon by the
executive board;
b) Remit to the treasurer the collections contributed by the members of the
represented school related to the association.

ARTICLE VII -
STANDING COMMITTEES

Section 1. To ensure coordination and efficiency in the transaction of association matters

and to achieve the objectives of this Constitution, the following standing committees are
hereby created:

a) Committee on Membership which shall receive and process application for

membership. It shall be headed by the secretary and the treasurer of the
association.
b) Committee on Grievance which shall investigate internal and external disputes in
the association. The chairmen of this committee shall be the sergeant-at-arms of
the association.
c) Committee on Labor Education and Research which shall prepare, adopt and
implement labor education programs and activities that will promote the
enlightenment of the members in the regard to the prevailing labor relations
system, the provisions of the Constitution and the existing COA and all labor
legislations rules, issuances and policies that directly or indirectly affect the
members.
d) Committee on Welfare which shall be responsible for the adoption and
implementation of programs, projects and activities that will promote and protect
the general welfare of the members.
e) Approving committee which shall be responsible approving the appointees made
by the president. It shall consist of five (5) honorary members chaired by the
district supervisor.
f) Fact-finding Committee which shall responsible in investigation of serious issues
and concerns filed to the grievance committee. It shall be chaired by the
chairman of committee on grievance, two honorary members, and the auditor.
g) Committee on Internal Audit which shall be responsible on auditing the financial
status of the organization. It shall be chaired by the auditor and two (2) honorary
members.
 h) Other Committees may be created if deemed necessary to be approved by the
executive board.

ARTICLE VIII-
MEETINGS OF THE ASSOCIATION

Section 1. The association shall hold regular meeting thrice every year. One of three
regular meeting shall be held a week after the end of every school year.

Section 2. Special meetings shall be called whenever necessary to discuss urgent and
important matters.

Section 3. In any meeting, the presence of majority of the members shall constitute a
quorum to discuss and decide matters taken up as listed in the agenda.

Section 4. Any member who failed to attend at least two meetings without written notice
given to the association prior to the conduct of the meeting shall be subjected to
disciplinary action.

ARTICLE IX -
ASSOCIATION ELECTION

Section 1. There shall be a Committee on Election (COMELEC) to be created by the

Executive Board on the first regular meeting.

The committee on election shall perform the following duties and functions:

a. Adopt rules and regulations that will ensure free, honest and orderly election,
whether regular or special;

b. Screen the qualification of candidates;

c. Rule on any question or protest regarding the conduct of the election subject to the
procedure that may be promulgated by the Executive Board; and proclaim duly
elected officers.

Section 2. The COMELEC shall be composed of a chairman and two members all of whom
shall be appointed by the executive board.

Section 3. The COMELEC shall be automatically dissolved thirty (30) days after the duly
elected officers are proclaimed.
Section 4. The regular election of officers of the association shall be held every last week of
May of the second year.

Section 5. All members of the association in good standing shall be eligible to vote in
association election. Candidates for elective positions must be members of the
association in good standing for a period of at least one year on the date of the
election.

Section 6. Voting shall be by secret balloting and the election shall be decided by plurality
of votes.

Section 7. The duly elected officers shall meet within one week following their proclamation
to take their respective oath of office and to receive from the outgoing
administration, the turnover of all records and properties of the association to the
new administration.

ARTICLE X
DUTIES, RIGHTS AND PREVILIGES OF THE MEMBER

Section 1. Members of the association shall have the following right:

a. Participate in all meetings (special and regular) of the association;

b. May vote/run for any position in the association;
c. Right to transparency of records and activities of the association;
d. Withdraw their membership

Section 2. Members of the association shall have the following duties:

a. Abide the policies, decision and regulations of the association as stipulated in

this constitution and by-laws;
b. Pay dues, fines entitled in the association;
c. Perform tasks and functions delegated by the association

ARTICLE XI
FEES, DUES, FINES, OTHER PAYMENTS, AND DISBURSEMENTS
OF ASSOCIATION FUNDS

Section 1. A membership fee of one hundred (P100.00) pesos shall be paid by an

employee before he officially becomes a member of the association. This entitles the
member to all benefits and privileges from the association.
Section 2. Every member shall pay monthly dues to the association in the amount of
twenty pesos (20.00) which may be collected through the school representatives.

Section 3. Emergency loans allotted to all members of the Association shall not exceed the
total amount of five thousand pesos (P5, 000. 00) payable in six (6) monthly
instalment with an interest of two per cent (2%) a month. Provided, however, that
this may be availed of by any member only in case of death of relatives, serious
accident, and school matriculation or tuition fees.

Section 4. Any member of the Association who is a respondent in any administrative or

criminal case filed by an outsider or a non-member shall be entitled to a legal aid of
fifty pesos (P50.00) from each member.

Section 5. In case of death of a member of the Association, each member shall be required
to give a contribution of three hundred pesos (P300.00) and the amount collected
shall be immediately given to the family of the deceased member. The member
shall also receive a “luksang parangal” or a tribute from the association.

Section 6. Any member of the Association whose close relatives or immediate member of
the teacher-member like his spouse, child, parent shall be entitled to receive a
contribution of one hundred pesos (100.00) from each member of the Association.

Section 7. The members shall have a maximum of three beneficiaries chosen by the
member to be covered by mortuary assistance. A member whom have
claimed/availed the maximum number of mortuary assistance can no longer claim
the said aid/assistance.

Section 8. A member is also entitled for a medical assistance in case of illnesses provided
with necessary documents. For major surgeries with confinement, a member shall
receive an amount of one hundred pesos (P 100.00) and fifty pesos (P 50.00) for
minor surgeries.

Section 9. Each member of the Association shall contribute of three hundred pesos
(300.00) as retirement benefit of any retirees whether teaching and non-teaching
personnel. The retiring member shall also receive a “gawad parangal”. Each member
shall contribute two hundred pesos (P 200.00) to cover the expenses for the “gawad
parangal”.
Section 10. Any member who transfers to another district as new place of assignment who
rendered at least three years of service in Mulanay District I and as member of the
association shall receive a cash gift worth fifty pesos (50) pesos from each member.
For a member who rendered ten years of service in the district and at least five
years as member of the association shall receive one hundred pesos (100.00) or the
member may not claim the cash gift and opt to continue his/her membership in the
association.

Section 12. All request for financial assistance shall be coursed through the proper officers
of the Association who shall promptly act on them.

Section 13. Every member shall contribute to the association such amount approved by the
executive board duly called for the purpose to be applied to or expended for any of
the following:
a. labor education programs;
b. association members’ welfare programs; and
c. such other plans and programs that will promote the interest and welfare of the
association and the members.

Section 14. In the event of sickness, leaves of absence without pay and other similar
causes, are not excuse for non-payment nor defer collection thereof at its discretion.

Section 15. Any member who will fail to pay monthly dues and other payments such as
contributions shall be subject to disciplinary action.

Section 16. Every payment of fees, dues or other contributions by a member shall be
evidenced by a receipt signed by the Treasurer or his duly authorized representative
making the collection and entered into the records of the association to be kept and
maintained for the purpose.

Section 17. Every expenditure of the association shall be evidenced by a receipt from the
person to whom the payment is made which shall state the date, place and purpose
of such payment. Such receipt shall form part of the financial records of the
association.

Section 18. The books of accounts and other records of the financial activities of the
association shall be open for inspection upon written request by any officer or
member duly approved by the President anytime during office hours if deemed
necessary.

Section 19. Association Funds shall be deposited in a reputable bank in the name of the
 association and withdrawal from such fund may only be done by the concurring
signatures of the President and the Treasurers.

ARTICLE XI –
QUORUM AND RULES OF ORDER

Section 1. Except when a greater proportion is required herein or by law, a majority vote
shall prevail at meetings and deliberations of the association. A majority of the
members of the association shall constitute a quorum to officially start any meeting.

Section 2. Meetings of the association, shall whenever practicable, be governed by the

Roberts Rules of Order.

ARTICLE XII -
SETTLEMENT OF INTERNAL DISPUTES

Section 1. Disputes involving association members or its officers shall be made in writing
and submitted to the President who shall undertake to have the disputing members
settle their differences.

Section 2. In the event of failure to settle the disputes between the members, the president
shall pass on the dispute to the committee on grievance/welfare/fact-finding.

Section 3. After proper evaluation of evidence submitted, the Committee on Grievance shall
render its written decision on the dispute within three days.

Section 4. Decisions of the Committee on Grievance shall become final unless appealed to
the Executive Board within ten days from receipt of a copy of the decision of the
Committee on Grievance.

ARTICLE X -
IMPEACHMENT AND RECALL

Section 1. Any of the following shall be a ground for the impeachment or recall of an
association officer:

a. Committing or causing the commission directly or indirectly of acts against the

interest and welfare of the association;
b. Malicious attack against the association, its officers or against a fellow association
officer or member;
 c. Gross misconduct of an association officer;
d. Misappropriation of association funds. This is without prejudice to the filing of an
appropriate criminal or civil action against the responsible officer or officers by
any interested party;
e. Culpable violation of any provision of this Constitution or rules, regulations,
resolutions and decisions of the association;
f. Wilful refusal to discharge the function of the office without any valid and legal
reasons;
g. Gross negligence of duty.

Section 2. The following procedure shall govern impeachment and recall proceedings:

a. Impeachment or recall proceedings shall be initiated by a formal petition or

resolution signed by at least thirty (30) percent of all bona fide members or 30%
of the executive committee officers of the association and the same be addressed
to the President of the association for action, in case where the respondent is the
President, the petition or resolution shall be addressed to the general
membership.
b. Association officer against whom impeachment or recall charges have been filed
shall be given ample opportunity to defend himself before any impeachment or
recall vote is finally taken.
c. A majority of all the members of Executive officers sitting as impeachment body
shall be required to impeach or recall an association officer.
d. The Association officer impeached shall be considered resigned or ousted from
office and shall no longer be elected nor appointed to any position in the
association.
e. The decision of the impeachment body shall be final and executory.

ARTICLE XVI -
FISCAL YEAR

Section 1. The Association’s fiscal year shall commence on January 1st and shall end on
December 31st every year.

ARTICLE XVII -
AMENDMENTS

Section 1. Any proposal for amendments to this Constitution may be made by the executive
board or upon formal petition of at least ten (10) percent of the general
membership.
Section 2. No proposal shall be considered an amendment and become a part of this
constitution until after the same shall have been ratified by two-third votes of the
general membership either at a special meeting or a referendum.

ARTICLE XIX
EFFECTIVITY

Section 1. This Constitution shall take effect on the day following its ratification.

Adopted and ratified this 24th day of July 2017 at Ajos Elementary School, Brgy. Sto.
Niňo, Mulanay, Quezon with the list of members, together with their signatures, who
ratified the same appearing in Annex “A” hereof.

Certified Correct:

JOAN S. SOLOMON
Secretary

ATTESTED:

EDERLINDA A. NAPEÑAS EMERITA T. DIAZ

President Vice-President

JOEY O. BALAGUER DONATA R. TESALONA

Treasurer Treasurer

ANNIE MARIE N. DIOKNO JERIC P. MUTYA

Auditor Business Manager

DAN MICHAEL F. NULLAN KASHMYR R. PONTUD

Representative Public Information Officer

P’JAY V. TEMPORAS ALDRIN A. CANTARA

Sergeant-at-Arms Sergeant-at-Arms
 SUBSRIBED AND SWORN to before me this _______ day of ______________ at
_______________________________, affiants exhibiting to me their Residence Certificate
Nos. ___________________________, issued at __________________________________
on _____________________________ and _______________________________, issued
at ___________________________________ on _____________________ respectively.

NOTARY PUBLIC

Doc. No. ___________

Page No. ___________
Book No. ___________
Series of ___________