Republic of the Philippines

Department of Education
Caraga Administrative Region
Division of Agusan del Norte
Las Nieves District II
E.G. MONTILLA ELEMENTARY SCHOOL

E.G. MONTILLA ELEMENTARY

SCHOOL

GOVERNING COUNCIL
CONSTITUTION AND BY- LAWS
 TABLE OF CONTENTS

Pages
1. Name 1

2. INTERPRETATION 1

3. OBJECT 1

4. POWERS OF GOVERNING COUNCIL 1

5. FUNCTIONS OF THE COUNCILS 1

6. FUNCTIONS OF THE PRINCIPAL IN THE GOVERNING COUNCILS 2

7. MEMBERSHIP 2

8. TERM OF OFFICE 3

9. OFFICE HOLDERS AND EXECUTIVE COMMITTEE 3

9.1 Appointment 3
9.2 Removal of Office 3
9.3 The Chairperson 3
9.4 The Vice- Chairperson 4
9.5 The Secretary 4
9.6 The Treasurer 4
9.7 The Auditor 4

10. VACANCIES 5
11. MEETING 5
11.1 General Meeting of the School Community 5
11 2 Council Meetings 6
11.3 Special/ Emergency Meetings 6
11.4 Voting 6

12. PROCEEDING OF THE COUNCIL 6

12.1 Meetings 6

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13. ELECTION OF COUNCILORS 7
13.1 Eligibility for nomination for election 7
13.2 Eligibility to vote 7
13.3 Conduct of elections for parent Councilors 7
13.4 Notice of Elections 7
13.5 Election without ballot 7
13.6 Declaration of election 7
13.7 Nomination and Appointment of councilors 7
14. MINUTES 7
15. COMMITTEES 7

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 E.G. MONTILLA ELEMENTARY SCHOOL
SCHOOL GOVERNING COUNCIL CONSTITUTION AND BY- LAWS

1.0 NAME

The name of the council is E.G. MONTILLA ELEMENTARY SCHOOL GOVERNING

COUNCIL.

2.0 INTERPRETATION

In the constitution, unless the contrary intention appears.

“Chairperson” - Means the presiding member of the council.

“Council” -Means the E.G. Montilla Elementary School Governing Council.
“Councilors” -Are the members of the council.
“Department” -Means the Department of Education.
“Fiscal Year” -Means the year ending 31 December.
“General Meeting” -Means a public meeting of school community.
“Government School” -Means a school established for the purpose of providing courses
of instruction in pre-school, primary or secondary education.
“Majority” -Means more than half the total number.
“Parent” -In relation to the school, means the parent of student attending
the
school.
“School Head” -Means the head of the teachers of the school.
“School Community” -Means all parents, students and staff of the school and all other
persons who have a legitimate interest in or connection with the
school.
“School Improvement Plan” -Means the plan collaboratively made and formulated by
the
School stakeholders to improve the school.
“School Resolution” -Of the council means a resolution for the purposes of
amending the constitution or of removing an office holder
from office, passed by a duly convened meeting of the
council if:
(1) At least 30 days written notice has been given to all
councilors specifying the intention to propose the
resolution as a special resolution; and
(2) It is passed by the majority of not less than three
quarters of councilors who vote in person or by proxy at
that meeting.

3.0 Objective / Aim

The Council aims to involved the school community/ stakeholders in the school
governance to strengthen and support public education in the community.

4.0 Powers of the Governing Council Vested by the DepEd and LGU

4.1 Endorses the School Improvement Plan (SIP) together with the School Head
4.2 Be informed of the school-based MOOE and SEF funds allocated to school
4.3 Approves school-level policies (to be determined)
4.4 Resolves school-level matters (to be determined)
4.5 Approves official school profile (basic data set describing the school operations)

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5.0 Functions of the Council

5.1 In the context of the Council’s joint responsibility with the principal for the
governance of the school, the Council must perform the following functions:
5.1.1 Involves the community in the governance of the school by:

(i) Providing a focus and a forum for the involvement of parents and
school community;
(ii) Ascertaining the educational needs of the local community and
the attitude of the local community to educational developments
within the school; and
(iii) Ensuring that the cultural and social diversity of the community are
considered and particular needs are appropriately identified.

5.1.2 Sets the broad direction and vision of the school

5.1.3 Conducts strategic planning for the school
5.1.4 Monitors and review the School Improvement Plan
5.1.5 Raises money for school-related purpose
5.1.6 Exercises its functions in accordance with legislation, administrative
instructions and the constitution.

6.0 Functions of the Principal in the Council

The functions of the principal in Council are the following:

6.1.1 The Principal is answerable to the DepEd for providing educational leadership in
the school and for other general responsibilities which are reasonable.
6.2 The principal must also;

6.2.1 Implement the school Improvement Plan and school policies;

6.2.2 Provide accurate and timely reports, information and advice relevant to
the
Council’s functions;
6.2.3 Report on learning, care, training and participation outcomes;
6.2.4 Supervise and promote staff and teachers development;
6.2.5 Be responsible for the financial, physical and human resource
management of the school;
6.2.6 Be an ex-officio member of Council will full voting rights;
6.2.7 Chair the first meeting of the council held for the purpose of receiving
nominations from nominating bodies, the direct appointment of
councilors by the council and the election of office holders;
6.2.8 Contribute or be consulted for the formulation of the Council meeting.

7.0 Membership

7.1 The E.G. Montilla Elementary School Governing Council must be composed
of 16 councilors including:

1 Principal of the school (ex officio)

10 Elected presidents of community organizations and associations
2 Staff of the school (President of Teachers Organizations, Secretary of
GPTA)
1 Student of the School (nominated by the students)
2 local government officials

7.2 The majority of councilors elected must be parents of the school.

7.3 A person is not eligible for election, appointments or nomination to the council if
the person:

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 7.3.1 is an un-discharge bankrupt or is receiving the benefit of a law for the
relief of insolvent debtors; or
7.3.2 has been convicted of any offense prescribed by administrative
instruction.

8.0 Terms of Office

8.1 Elected parent councilors will be appointed for a term not exceeding two years,
except in the case of the first Council only, where one-half of the parent
councilors elected in the Annual General Meeting of the school will be elected
for a term not exceeding one year.
8.2 A person nominated by an affiliated committee will be nominated for a term not
Exceeding two years.
8.3 Any councilor nominated by the Students Representative Council or elected by
the body of students will hold office for a term not exceeding one year or until
the
Nomination is revoked, in writing by the nominating body.
8.4 A councilor elected by the staff of the school will hold office for a term no
exceeding one year or subject to being a member of the staff of the school.
8.5 Each councilor directly appointed by the council, will serve a period not
exceeding two years.
8.6 Upon expiry term of office, each councilor will remain incumbent until the
position is declared vacant at Annual General Meeting.
8.7 Councilors are eligible for subsequent re-election, re-nomination or re-
appointment.

9.0 Office Holders and Executive Committee

9.1 Appointment

9.1.1 The office holders of the Council are the Chairperson, Deputy
Chairperson, Vice- Chairperson, Secretary, Treasurer, Auditor and
Members;
9.1.2 The chairperson and the vice- chairperson must not be a member of the
staff of the school;
9.1.3 The Treasurer must not be a member of the staff of the school;
9.1.4 The Council may appoint an executive committee comprising the office
holders and the Principal which is to:

(i) Meet to carry out business delegated to or referred by the Council;

and
(ii) Report to subsequent Council meetings.

9.2 Removal from Office

9.2.1 The position of any office holder absent in five consecutive

executive meetings without leave of absence automatically vacant. Acceptance
of apology at the executive committee meeting will be deemed a grant of such
leave;
9.2.2 An office holder of the council may be removed from office, but not
from membership of the Council, provided that:

(i) At least 30 days, written notice is given to all councilors and

to the office holders concerned, of any proposed
resolutions, giving reasons for the proposed removal;
(ii) The office holder is given the right to be heard at the
Council Meeting;
(iii) Voting on the special resolution is by secret ballot.

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 9.3 The Chairperson

9.3.1 The chairperson must:

(i) Call and preside at meetings of the Council and the

executive committee;
(ii) In consultation with principal and Secretary, prepare the
agenda for all council Meetings;
(iii) Include on the agenda any item requested by the Principal;
(iv) Facilitate full and balanced participation in meetings by all
councilors and decide on the manner in which meetings are
conducted and matters of orders.
(v) Report at the Annual General Meeting on the proceeding
and operations of the Council.

9.3.2 The chairperson must act as a spokesperson on behalf of the

council unless an alternative spokesperson has been appointed by the
Council. The spokesperson may only comment on Council matters.

9.3.3 In the Chairperson’s absence or inability to act, the Deputy

Chairperson or Vice- Chairperson must undertake any role or function
normally fulfilled by the Chairperson.
9.3.4 If the Chairperson and Deputy Chairperson of the Council are
absent or unable to preside at a meeting, a councilor elected by the
Council must preside.

9.4 The Secretary

9.4.1 The Secretary must ensure that notices of meetings are given in
accordance with
the provisions of this constitutions;

9.4.2 The secretary is responsible for ensuring the maintenance and

safekeeping of;

(i) The constitution and the code of practice of the Council;

(ii) Official record of the business of the Council and register of
minutes;
(iii) Copies of notices, a file of correspondence and record of
submissions of reports made by or on behalf of the Council;
(iv) Register of councilors;
(v) Contract or agreement entered into by the Council;
(vi) Copies of the policies of the Council.

9.4.3 The secretary must ensure that the copies of the Constitution and the
Code of Practice are available for public inspection at the school during
normal school hours, and that any copies requested are provided.

9.4.4 Prior to each meeting, the Secretary must ensure that a copy of the
meeting agenda is forwarded to each Councilor.

9.4.5 The secretary must conduct the official correspondence of the Council.

9.4.6 The secretary must ensure that the minutes of meetings are recorded
and forwarded to each councilor prior to the next meeting as prescribed
in the Council’s operating procedures.

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 9.5 The Treasurer

9.5.1 The treasurer must be the Chairperson of the Finance Committee of the
Council and preside at the meetings of the Committee.

9.5.2 The Treasurer must:

(i) Ensure that Council’s finance budgets and statements are

prepared;
(ii) Provide relevant Financial Reports at Council meetings
(iii) Present the Council audited accounts to the Annual General
Meeting.

10.0 Vacancies

10.1 Membership of the Council ceases when the councilor:

10.1.1 Dies
10.1.2 Or in the case of an elected councilor or a councilor nominated or
appointed for a term, completes a term of office and is not re-
Elected, re- nominated or re- appointed or
10.1.3 Ceases to hold office in accordance with 8.2.2. and 8.3;
10.1.4 In the case of a member nominated by the staff of the school, is
no longer a staff member of the school; or
10.1.5 Resigns by written notice to the Council; or
10.1.6 Is removed by the Department; or
10.1.7 Is declared bankrupt or applies for the benefits of a law for the
relief of involvement debtors; or
10.1.8 Has been convicted of any offense prescribed by administrative
Instruction; or
10.1.9 Is absent from five consecutive Council Meetings without leave of
absence approved by the Council meeting will be deemed a grant
of such leave.

10.2 The council may appoint a person to temporarily fill a casual vacancy in
its membership until a councilor can be elected, nominated or appointed in
a accordance with this Constitution.

11.0 Meetings

11.1 General Meetings of the School Community

11.1.1 All persons within the School Community are eligible to

attend general meetings of the school community and note
on any matters proposed for resolution.
11.1.2 The Chairperson of the Council must call and preside at
general meetings of the school community, the timing to be
agreed between the Council chairperson and the Principal
of the school.
11.1.3 At least 4days written notice of the meeting must be given
to the school community by the means generally used to
communicate with the school community. The notice must
specify the date, time and place of the meeting.
11.1.4 A general meeting must be held:

(i) at least once annually (the Annual General Meeting)

to present reports, to elect parents to the Council
and/ or declare election results;

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 (ii) for any other reason relating to the affairs, functions
or membership of the Council, determined by
agreement between the Council Chairperson and
the Principal.

11.2 Council Meeting

11.2.1 The Council must meet at least twice in each school term or
every year.

11.2.2 Notice of meeting must be given at the previous council meeting

or by at least 7days written notice distributed to all councilors or in an
emergency by such other notice as the Council may determine.

11.2.3 Special or Emergency Meetings

11.3.1 The chairperson of the council may call a special or an

emergency meeting of the council by written request from
at least 3 councilors;
11.3.2 Notice of meeting must be given by written notice to all
councilors within reasonable time, setting out of time, date,
place and object of the meeting.

11.2.4 Voting

11.4.1 Voting must be by show of hands;

11.4.2 For purposes of voting on a special resolution, each
councilor is entitled to appoint another councilor as his/
her proxy by notice in the form issued as an administrative
instruction.

12.0 Proceedings of the Council

12.1 Meetings

12.1.1 The quorum for the Council meeting is a majority of the filled positions of
the Council.
12.1.2 If at the expiration of 30 minutes after the appointed time for the meeting
There is no quorum arrived at, the meeting must stand adjourned to such
time and places as those councilors present determine.
12.1.3 Except in the case of a special resolution, a decision of majority of those
Those councilors present and eligible to vote is the decision of the
Council.
12.1.4 The chairperson must have a deliberate vote only. In the event of an
equality of votes, the chairperson does not have a second casting votes,
the chairperson does not have a second casting of votes and the motion
must be taken to be defeated.

13.0 Election of Councilors

13.1 As provided in 7.2 and 7.3, all persons who are parents of the school and
presidents or head of an community organizations or an association are eligible
for nomination for election as a councilor.
13.2 Eligibility to vote

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 Only parents of the school may vote to elect parent representative or an
external stakeholder such as president or head of a community organizations or
associations to the Council.
13.3 Conduct of elections for parent representatives to the Council, the Principal
must facilitate election of parent or external stakeholders by one of the following
methods, as determined by the council:
(i) An election at a General Meeting of the school community; or
(ii) A postal ballot of the parents of the school.
13.4 Notice of Election

13.4.1 The timetable for an election must be determine by the Council in

consultation with the Principal.
13.4.2 Notice for the date and time of election must be specified by the Principal
by the means generally used to communicate with the school
community.
13.4.3 A nomination for election must be;
(i) In a form approved by the Principal; and
(ii) Received by the Principal at or before the time the nomination is
due.
13.5 Election without ballot

If the number of persons nominated is the same or less than the number of
vacancies to be filled by election, the principal may declare that the Vacancy or
Vacancies has or have been filled by the persons nominated.

13.6 Declaration of Election

13.6.1The Principal must declare the candidate or candidates elected to fill the
Vacancy or vacancies:
(i) at the general meeting of the school community; or
(ii) in the form generally used to communicate with the school
community.

13.7 Nomination and Appointment of Councilors

13.7.1 As soon as is practicable after the declaration of the results of an

election, the Principal calls and presides at the first Council meeting.
13.7.2 The first meeting of the Council must be adjourned to a date decided by
the meeting if the purpose of the meeting is not achieved.
14.0 Minutes

14.1 Proper minutes of any Council meeting, the Annual General Meeting and
general meetings of the school must be entered into the books kept for that
purpose.
14.2 The minutes must be read at the next respective annual, general or Council
meeting and signed by the Chairperson of the meeting at which the
proceedings took place or by the chairperson of the subsequent meeting.
14.3 Upon reasonable notice, the books containing the minutes of any meetings
must be made available for inspection by any councilor.

15.0 Committees

15.1 Committees
The council may appoint committees, composed of councilors or both
councilors and non- councilors, which will meet as directed by the Council.
15.2 Terms of reference

The council must specify terms of reference for its committees.

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15.2.1 Curriculum Committee
Curriculum Committee must be created to ensure strict implementation of
the curriculum and consider views and recommendation of students and
parents.

15.2.2 Beautification Committee

This committee is in-charge of the maintenance and beautification of the
school.

15.2.3 Ways and Means Committee

Ways and Means Committee will take charge of the minor problems that
may possibly arise in the school particularly on management.

15.2.4 Project Implementation Committee

This committee will implement, monitor and assess projects.

15.2.5 Student Discipline Committee

Student discipline committee is organized to support the existing school
committee on discipline.
15.2.6 Community Linkages Committee
This committee will take charge for tapping linkages to community and
other stakeholders for any reasonable and valid needs and support.

Membership of Committees

Curriculum Committee (4 members)

Beautification Committee (4 members)

Ways and Means Committee (4 members)

Project Implementation Committee (3 members)

Students’ Discipline Committee (4 members)

Community Linkages Committee (4 members)

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