 | On May 28, 2011, during the 26th APO National Biennial Convention held at Cagayan de Oro, the Proposed SAC Amendment was approved and ratified unanimously by the General Assembly duly constituted into a Constituent Assembly. Below is the excerpts of the amended CBL: Article V
SECTION 1. Nature. – The authority to redress grievances shall be vested in the Supreme Adjudicatory Council and as many Regional Adjudicatory Councils as there are Administrative Regions.
The authority to act as amicus curae when necessary and to provide legal advice to issues and cases filed or to be filed by or against the organization as well as legal matters arising from within the organization shall be vested in the Office of the Chief Legal Counsel, which is adjunct to the Adjudicatory Council.
SECTION 2. Supreme Adjudicatory Council. –
(a) Composition – The Supreme Adjudicatory Council shall be composed of one (1) Adjudicator-General, and six (6) Associate Adjudicator-Generals all of whom shall hold office during good behavior unless otherwise incapacitated, removed or resigned from office.
(b) Qualifications – The seven (7) members of the Supreme Adjudicatory Council must be members of the Philippine Bar in good standing and should have complied with all the prerequisites imposed by the Supreme Court of the Philippines for the practice of law. [1] No applicant shall be appointed as Adjudicator-General unless he has been a member of the Philippine Bar for a period of at least seven (7) years immediately prior to his appointment.
[2] All Applicants who aspire to the position of Associate Adjudicator-General must have been a member of the Philippine Bar for a period of at least five (5) years immediately prior to his appointment.
[3] For practical purposes and to ensure the physical presence of the Supreme Adjudicatory Council members during sessions, hearings and deliberation of pending cases for consideration and/or resolution, applicants to the positions residing within the Philippines shall be preferred. Provided, that all applicants whether residing within the National Capital Administrative Region or elsewhere in the Philippines shall, upon appointment, take an oath as follows:
“I______________, having been appointed as member of the Supreme Adjudicatory Council of Alpha Phi Omega International Philippines, Inc., do hereby solemnly swear that I will execute my duties as Adjudicator to the best of my abilities with the end view of attaining a speedy and inexpensive justice in any and all matters and/or controversies that are brought before me as member of the Council. I shall endeavor to attend and actively participate in all stages of the judicial process of the Council, where I am a member or have been temporarily designated as may be provided by the Code of By-laws. I shall further voluntarily inhibit myself in any case or controversy where my participation shall cast doubt on the integrity of the Council. So help me God”.
(c) Appointment – The members of the Supreme Adjudicatory Council shall be appointed by the President, and confirmed by the Board of Directors; Provided that all appointees shall come from the list of recommendees submitted by the Association of Alpha Phi Omega Bar Members; Provided, however, that if the appointment is made during the period when the Board of Directors is in adjournment, the appointee shall exercise his powers and authority as herein below set forth in an acting capacity until confirmation by the Board of Directors; and, Provided, finally, that in case of the failure of the Board of Directors to confirm the appointment during its regular sessions, the appointee shall exercise his functions in an acting capacity unless such appointment is withdrawn by the President.
(d) Term of Office – The members of the Supreme Adjudicatory Council shall serve for a term of seven (7) years unless otherwise resigned, removed from office or incapacitated. Of those first appointed, the Adjudicator-General and two (2) Associate Adjudicator-Generals shall hold office for seven (7) years, two (2) Associate Adjudicator-Generals for five (5) years and the remaining Associate Adjudicator-Generals for three (3) years. Appointees to any vacancy due to incapacity, resignation or removal shall serve the unexpired portion of the term of the predecessor.
(e) Rules on Adjudication – In the adjudication of cases filed before it and/or in the exercise of its original and/or appellate jurisdiction, the Supreme Adjudicatory Council shall sit En Banc.
(f) Office – The Supreme Adjudicatory Council shall hold office in Metro Manila, Philippines, Provided that the deliberation and resolution of cases pending before it may be held in its office or elsewhere in the Philippines.
(g) Fiscal Autonomy – The Supreme Adjudicatory Council shall submit a budget for the efficient and prompt performance of its function to the Board of Directors. After the proposed budget has been approved by the Board of Directors, the same shall be automatically released to the Council in accordance with the time table of releases specified in the approved budget.
In addition, the Supreme Adjudicatory Council shall have the right to collect reasonable filing fees and other necessary expenses, subject to audit by the Commission on Audit.
SECTION 3. Jurisdiction of the Supreme Adjudicatory Council. – The Supreme Adjudicatory Council shall have the following powers:
(a) Exercise primary and original jurisdiction in all disputes and controversies involving actual rights which are demandable and enforceable, including –
[1] The interpretation of the provisions of the Code of By-laws, and the allocation of powers as therein set forth;
[2] The validity of any contract entered into by the Executive Council, and/or any policy, rule or regulation of the Board of Directors;
[3] Controversies between two or more Administrative Regions, and between members of different Administrative Regions affecting their membership, and;
[4] The validity of the election or appointment and removal of any National Officer.
(b) Review, revise, reverse, modify, or affirm on appeal the judgments and orders of the Regional Adjudicatory Councils;
Decisions and/or resolutions of the Supreme Adjudicatory Council may be reviewed by the General Assembly whose decision shall be final. The review shall be by way of petition and shall be coursed through the Board of Directors, Provided that the only issue that may be brought to the General Assembly by way of petition for review on certiorari shall be “grave abuse of discretion amounting to lack of jurisdiction”. The petition shall set forth the act or acts constituting the grave abuse of discretion, Provided that the Board of Directors may decline the submission of the petition to the General Assembly if the same is not sufficient in form and substance, Provided finally, that any petition submitted to the General Assembly shall contain a recommendation from the Board relative to the disposition of the matter.
(c) Promulgate rules of procedure, including compulsory processes to compel compliance with its processes, which shall provide for a simplified and inexpensive procedure for the speedy disposition of cases, and shall be uniformed for all Adjudicatory Councils and shall not diminish, increase or modify the substantive rights of the members; and,
(d) Appoint such personnel and staff as will ensure the speedy and inexpensive resolution of all cases brought for adjudication.
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