Republic of the Philippines

Department of Education
REGION V – BICOL
SCHOOLS DIVISION OFFICE OF CATANDUANES
VIRAC NORTH DISTRICT
CALATAGAN ELEMENTARY SCHOOL
VIRAC, CATANDUANES

CONSTITUTION AND BY-LAWS OF CALATAGAN ELEMENTARY SCHOOL

Article I – Name

The name of this organization shall Calatagan Elementary School PTA. References in this
Constitution and ByLaws to “PTA” or “CES PTA” shall refer to the Calatagan Elementary
School PTA.

Article II – Purpose

The purpose of the organization shall be to aid the pupils of Calatagan Elementary School by
providing support for their educational and recreational needs and to promote open
communication between the administration, teachers and parents.

Article III – Membership

Membership is open to all parents and/or legal guardians of Calatagan Elementary School pupils,
and all current faculty and staff of Calatagan Elementary School. Every member shall have the
right to attend any meeting and to participate in such meetings in accordance with other
provisions of this Constitution and By-Laws. Members shall conduct themselves in such a
manner as not to interfere with legal or contractual obligations of the PTA or in a manner as to
violate the terms of this Constitution and By-Laws. Any member present at a general meeting or
additional meeting shall be allowed one vote.

Article IV – Meetings
General meetings of the PTA will be held on the first Wednesday of each month during the
school year. Members of the organization will be given proper notice of any changes in this
schedule. Additional meetings may be held at the discretion of the Executive Board. Notice
shall be given to members in any inexpensive manner reasonably calculated to reach members of
the PTA as deemed appropriate by the Board. No particular form of notice shall be required;
however, the Board shall strive to give at least seven days’ notice to members of any general
meetings or additional meetings. Any notice regarding the convening of additional meetings
shall state the business to be considered at such meeting and no other business shall be in order at
such meeting. Further, should any other provision of this Constitution and By-Laws require a
minimum advance time of notice, notice shall be sent in accordance with such provision.
General meetings shall adhere as far as practicable to the following agenda order:

Call to Order;

Minutes;

Treasurer’s Report;

Old Business

New Business

Requests

Adjournment

The general meetings will be conducted with a minimum of formality as may be conducive to the
conduct of any general or additional meeting. General guidelines for meetings shall be taken
from Roberts Rules of Order. Attendance at meetings – A recording of names is to be required
at all times in all PTA general meetings.

Article V – Voting

Eligibility – All members present at the September general meeting may vote at any subsequent
general meeting. All members not present at the September meeting may not vote until they
have registered at a general meeting, may not vote at that meeting, but may vote at any
subsequent general meeting (e.g., registers at November general meeting, may not vote at
November general meeting, but may vote at December general meeting or any subsequent
general meeting). Voting is to be by secret ballot or by voice, or raising of hands if secret ballot
is waived. A quorum of seven (7) registered members (including Board members) will
constitute a quorum at general meetings and shall be entitled to conduct any business at any
general or additional meeting.
A two-thirds (2/3) majority vote of eligible members present at a general meeting or special
meeting is required for all action to be taken by the organization. Members must be present at the
time of voting; there shall be no voting by proxy. A vote by telephone may be taken in
emergencies or if a special meeting cannot be scheduled due to unforeseen circumstances. Every
effort will be made to contact members who regularly attend general meetings.

Article VI – Officers and Duties

The officers of the PTA shall consist of a President / Co-Presidents, Vice-President, Secretary,
Treasurer, and Publicist. Officers shall hold office until the election and installation of their
successors, unless removed from office as provided in this Constitution and By-Laws. No
member may hold one office for more than four (4) consecutive years. Any member in good
standing shall be eligible to be a candidate for an office of the PTA.

All members in good standing shall be given at least fifteen (15) days’ advance notice, as
otherwise provided by this Constitution and By-Laws, of the date, time and place at which
nominations shall be made, and the date, time and place at which elections shall be held. Any
member in good standing may nominate eligible members for office. Elections shall be by secret
ballot, even though only one candidate is nominated for a given office.

There shall be no voting by proxy in the election of officers and the candidate receiving the
majority of the ballots cast shall be declared elected. If no candidate receives the majority of the
ballots cast, a run-off election of the top two candidates shall be held until there is a majority
vote. All original officers are to serve until the installation of new officers. Nominations for
officers shall be at one meeting and elections at the next meeting by secret ballot, on a day set
aside for the election and the hours of voting and the place shall be named in notice of
nomination and elections as set forth. The Secretary shall preserve ballots and all other records
of an election for one year following such election. The Treasurer and any other office of the
PTA who handles funds or property of the PTA shall be bonded in such amounts and to such
extent as may be required by the Executive

Board, but in no case shall there by a requirement for a bonding of any particular office unless
upon the vote of a majority of the Executive Board. Any bond required shall be secured and the
premium paid by the PTA. A. The President / Co-Presidents shall be the official representative
of the organization; shall preside at all meetings of the organization and board meetings; shall act
in emergencies in the name of the organization reporting all actions at the next board meeting;
shall call emergency board meetings; shall call special meetings with the Executive Board’s
approval; shall inform the general membership monthly by means of a newsletter/calendar
update of all current events, major expenditures and fundraising activities; and shall perform any
other duties deemed necessary.

B. The Vice President shall assist the President / Co-Presidents, and in the absence of the
President / CoPresidents perform duties of that office; shall keep a record of all activities
submitted by committee chairpersons and place in a standing file; and shall update committee
project files.

C. The Secretary shall keep minutes of every general meeting and every board meeting and place
in a standing file; shall make a report of the years’ activities and programs and distribute to the
membership at the last general meeting; and shall handle personal correspondence for the PTO.

D. The Treasurer shall handle all monies and pay bills with the Executive Board approval; shall
provide monthly Treasurer reports supported by monthly bank statements and receipts for all
deposits and cancelled checks and place in a standing file; shall give annual Treasurer’s report at
last general meeting; shall be responsible for the timely deposit of monies at the close of each
function or project; shall require that receipts accompany a request for money; and shall require
that any check over the amount of One Thousand ($1,000) Dollars shall require the signature of
two (2) Board members before disbursement.

E. The Publicist shall report all of the PTA functions and events to the media. All special events
should require a request for photo coverage. All articles pertaining to the news events that are
published should be incorporated with the Secretary’s records. This will become the history of
the PTO. It will also be their duty to put all newspaper articles into a scrapbook and maintain the
PTO scrapbook. All officers shall keep PTA records and materials which come into their
possession during their term safe and secure and shall promptly account for their stewardship
when requested and shall promptly turn over to their successors any such papers or materials.
All officers shall diligently follow and adhere to proper financial and record-keeping practices as
may be adopted by the PTA from time to time.

Any vacancy in office because of death, resignation or inability to serve shall be filled by the
Executive Board for the unexpired portion of the term. However, should a vacancy occur in the
office of the President / Co-Presidents, the Vice President shall immediately assume the office.
Should a vacancy occur in the office of the Vice President for any reason, the vacancy shall be
filled by election at the next general meeting of the membership, consistent with the procedures
established herein. Article VI – Executive Board

The Executive Board shall consist of the President / Co-Presidents, Vice-President, Secretary,
Treasurer, Publicist and any other officer deemed necessary by the President / Co-Presidents and
shall be elected or reelected annually by a simple majority vote of the members present at the
May general meeting. The outgoing officers shall work with the incoming officers to acquaint
them with their duties. The Executive Board shall manage the affairs, activities and operation of
the organization. The Executive Board shall transact necessary business during the intervals
between the meetings of the membership and such other business as may be referred to it by the
membership or these Bylaws. It may create Standing and Special Committees, approve the plans
and work of standing and special committees, present reports and recommendations at the
meetings of the membership, prepare and submit a budget to the membership for approval, and,
in general, conduct the business and activities of the organization. The Executive Board shall
have the authority to fill any vacancy during the school year. The Executive Board shall have
the authority to create standing committees and to appoint chairpersons. The Treasurer or the
President / Co-Presidents shall handle monies of fund raising activities. If both are unable to
attend, this authority shall be delegated to a member of the Executive Board or committee
chairperson. The Executive Board reserves the right to review any and all financial transactions
at any given time (relinquishing books to the Executive Board).

Article VII – Committee Chairperson

Committee chairpersons shall be appointed by the Executive Board and shall:

a. be responsible for forming their own committees from the membership;

b. at the conclusion of their project, submit written reports stating money taken in,

expenditures, details of planning activities and a list of committee members;

c. turn over all monies collected to the Treasurer on a timely basis;

d. and submit a written report describing the details of planning activities.

Article VIII – Finances

Budget. The Executive Committee shall present to the membership at the first Regular Meeting
of the year a budget of anticipated revenue and expenses for the year. This budget shall be used
to guide the activities of the Executive Committee during the year. Any substantial deviation
from the budget must be approved in advance by the membership.

Obligations. The Executive Committee may authorize any officer or officers to enter into
contracts or agreements for the purchase of materials or services on behalf of the PTA. The
officers shall not have the authority, however, to enter into such agreements on behalf of
Calatagan Elementary School or the District II, nor should they hold themselves out as having
such authority.

Loans. No loans shall be made by the organization to its officers or members

Commercial Paper. All checks, drafts or other orders for the payment of money on behalf of the
PTA shall be signed by the Treasurer or by any other person authorized in writing by the
Executive Committee. The Treasurer shall deposit all funds of the PTA to the credit of the
organization in such banks, trust companies or other depositories as the Executive Committee
may select and shall make such disbursements as authorized by the Executive Committee in
accordance with the budget adopted by the membership. All deposits and/or disbursements shall
be made within a maximum of thirty (30) days from the receipt of funds and/or orders of
payment.

Financial Report. The Treasurer shall present a financial report at each General Membership
Meeting of the

PTA and shall prepare a final report at the close of the year. The Executive Committee shall have
the report and the accounts examined by an auditor or an informal audit committee, who, if
satisfied that the Treasurer’s annual report is correct, shall sign a statement of that fact at the end
of the report.

Article IX – Misconduct, Discipline

Section 1: Membership misconduct for which disciplinary action may be imposed, shall consist
of the following:

a. refusal or failure without justifiable cause to comply or abide by the provisions of this
Constitution and By-laws of the PTA and the valid decision of any officer or officers
thereof or the valid decisions of the PTA Executive Board;
b. committing any act of fraud, embezzlement, larceny or misappropriation of any funds or
property or other thing of value belonging to the PTA or refusing, failing or neglecting to
comply with the provisions of the PTA Constitution and By-laws or any appropriate
provision of law;
c. libeling or slandering or causing to be libeled or slandered any officer or member of the
PTA, except in the form of charges of misconduct properly filed against an officer or
member as provided by the PTA Constitution and By-laws or any appropriate provision
of law;
d. failing, refusing or neglecting to appear, without proper cause, as a prosecuting witness
after filing charges against a member or officer of the PTA;
e. filing false charges against any officer or member of the PTA; provided, however, that it
is understood that for the purposes of this provision false charges are not merely charges
of which an officer or member is acquitted, but rather charges which are filed recklessly
or in bad faith without substance, foundation or reasonable basis of support;
f. committing any physical assault upon any officer or member representative of the PTA
while such person if engaged in the performance of his/her duties for the PTA;
g. engaging in conduct detrimental to the best interests of the PTA which places or tends to
place it in disrepute with other organization or the public; or
 h. failure or refusal to abide by the rules or order established for the conduct of the meetings
of the PTO. Section 2: Charges. Any member in good standing may prefer charges of
misconduct as defined in Section 1, against any officer of the PTa. All charges shall be
preferred in the following way:
1. shall be in writing;
2. shall be signed by the party or parties preferring the same;
3. shall contain a statement of the facts out of which such charges originated and set
forth the specific act or acts alleged to constitute misconduct, the dates, places and
persons involved;
4. shall state the nature of the violation or violations alleged; and
5. shall refer to the Articles and Sections, if appropriate, of the PTA Constitution and
By-laws, the established policies, decisions, rules or regulations or other governing
laws which it is alleged have been or are being violated.
Section 3: Notice of charges against any officer or member of this PTA shall be sent by the
officer or member preferring charges by certified mail to the PTA Board and a copy sent by
certified mail to the accused.

Section 4: No officer or member of the PTA shall resort to any court of law or equity or other
civil authority for the purpose of securing an opinion or decision in connection with any alleged
grievance or wrong concerning any case arising within the PTA until such party shall have first
exhausted all remedies by appeal or otherwise, as provided in the PTA Constitution, not
inconsistent with applicable law or the settlement and disposition of such alleged rights,
grievances or wrongs.

Article X – Insurance

The PTA shall purchase and maintain general liability insurance, bond insurance, property
insurance and officers’ liability insurance and shall pay the premiums for such insurance in order
to protect the PTA and its officers from any losses or claims against the PTA or its officers.

Article XI – Indemnification

The PTA shall indemnify each person who is or was an officer of the PTA against all liabilities,
costs and expenses not covered by PTA insurance, including the insurance deductible, including
but not limited to amounts paid in satisfaction of judgments, in settlement or as fines and
penalties and counsel fees and disbursements, reasonably incurred by him or her in connection
with the defense or disposition of or otherwise in connection with or resulting from any action,
suit or other proceeding, whether civil, criminal, administrative or investigative, before any court
or administrative or legislative or investigative body, in which he or she may be or may have
been involved as a party or otherwise or with which he or she may have been threatened, while

in office or thereafter, by reason of his or her being or having been such an officer or by reason
of any action taken or not taken in any such capacity, except with respect to any matter as to
which he or she shall have been finally adjudicated by a court of competent jurisdiction not to
have acted in good faith in the reasonable belief that his or her action was in the best interests of
the PTA. Expenses, including but not limited to counsel fees and disbursements, so incurred by
any such person to defending any such action, suit or proceeding may be paid from time to time
by the PTA in advance of the final disposition of such action, suit or proceeding upon receipt of
an undertaking by or on behalf of the person indemnified to repay the amounts so paid if it shall
ultimately be determined that indemnification of such expenses is not authorized hereunder. As
to any matter disposed of by settlement by as such person, pursuant to a consent decree or
otherwise, no such indemnification either for the amount of such settlement or for any other
expenses shall be provided unless settlement shall be approved as in the best interests of the
PTA, after notice that it involves such indemnification (a) by vote of a majority of the
disinterested members of the Executive Board then in office (even though the disinterested
members of the Executive Board be less than a quorum) or

(b) by any disinterested person or persons to whom the question may be referred by vote of a
majority of such disinterested members of the Executive Board or (c) by vote of the majority of
the members of the PTA in good standing present at the meeting or (d) by any is interested
person or persons to whom the question may be referred by vote of the majority of such
members. No such approval shall prevent the recovery from any such officer of any amounts
paid to him or her or on his or her behalf as indemnification in accordance with the preceding
sentence if such person is subsequently adjudicated by a court of competent jurisdiction not to
have acted in good faith in the reasonable belief that his or her action was in the best interests of
the PTA.

The right of indemnification hereby provided shall not be exclusive of or affect any other rights
to which any officer may be entitled or which may lawfully be granted to him or her. As used
herein, the term “officer” includes his or her respective executors, administrators and other legal
representatives, and “interested” person is one against whom the action, suit or other proceeding
in question or another action, suit or other proceeding on the same or similar grounds is then or
had been pending or threatened and “disinterested” person is a person against whom no such
action, suit or other proceeding is then or had been pending or threatened.

Article XII – Amendments

These Bylaws may be altered, amended or repealed and new By-laws may be adopted by the
members at any regular or special meeting.
Article XII – Authority

If any part of these Bylaws shall conflict with the decisions, policies or procedures adopted by
the School District Committee, they shall be deemed null and void and the decision of the School
District Committee shall, in all case, control.

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