Constitution and By-Laws
“Resilient and sustainable tri-people communities living in harmony with Nature.”
To advocate and undertake initiatives to realize and Practice Humane Governance.
To actively participate in ensuring security of people’s lives and properties.
To enhance community and social enterprise by improving delivery of services and installing support facilities.
WE, the Tri-People of Mindanao – Bangsamoro, Indigenous Peoples and Settlers- Coming from the various basic sectors of the society the peasants, workers, fisher folks, professionals, senior citizen, differently-abled persons, OFW’s, youth, urban poor, and all marginalized constituents of any gender who are based in Mindanao and other parts of the country who have some roots in Mindanao.
Recognizing the need to bend ourselves, defend and mobilize for our betterment of our lives in Mindanao in particular and rest of the country in general.
Aspiring to uplift the economic, political, and socio-cultural conditions in Mindanao,
Working to effect real change in lives of peoples, in our society and to uphold the democratic process in our country.
Understanding the relevance of the struggle in electoral political arena in bringing about real democracy and development in Mindanao.
Do hereby constitute ourselves into a coalition bearing the name ANAK MINDANAO or AMIN.
NAME, SYMBOL AND OFFICE
Section 1.Name. Theory the Party shall be Anak Mindanao or AMIN.
Section 2.Symbol and color. The party symbol is a simple text of Anak Mindanao colored red and black placed on the right side of the map of Mindanao.
Section 3.Office. Anak Mindanao or AMIN shall hold its main office in cities or areas as maybe agreed upon by the assembly or the National Council and may open sub centers in other parts of the country as the need arises.
NATURE AND CHARACTER
Section 1. Anak Mindanao or AMIN is a duly registered tri-people political party of the Moro, Indigenous Peoples and Settlers whose membership come from marginalized sectors of the people of any gender, senior citizen differently –abled persons, OFWs, urban Poor, Farmers, fisher folks, workers, professional, and all united and resolved to engage on electoral politics through the party-list System.
Section 2. AMIN as tri-people organization adheres to the interest and gives due consideration to the multi-ethnic and multi-nationalities character of peoples living in Mindanao and the Philippines in general.
Section 3. AMIN believes that direct participation in the electoral exercise through the party list System will contribute to the overall advancement of the Mindanao people’s struggle, hope and aspiration for a peaceful and progressive Mindanao and the rest of the Country.
PRINCIPLES AND OBJECTIVES
Section 1. AMIN believes and adheres to the following basic principles:
- Transparency in all government transactions, records and accounts will provide confidence and trust of the people and encourage them to support programs and undertakings of the government.
- The great sense of accountability of the government to the constituents will insure all its programs and undertaking to the respond the immediate concrete needs of the marginalized tri-people.
- It is only through participatory democracy that the people will value their role in the society and that the essence of the empowering people will be promoted and strengthened to achieved the general welfare of the marginalized tri-people.
- That the democratic pluralism stems the free-flow of new, relevant and advance ideas which would be beneficial to the peoples and the society.
- Growth equity among peoples must be the primary consideration for every development endeavor and activities.
- The party believes in international cooperation and solidarity among peoples and nations is necessary to promote global justice and genuine development especially among working peoples.
- Promote and practice sustainable development framework in whatever programs, projects and other undertaking that the party would engage in.
Section 2. AMIN works for the realization of the following set of objectives:
Section 2.a. Works for the formulation and enactment of progressive legislations and policies for the advancement of the issues and concerns of the tri-peoples of Mindanao.
Section 2.b. Initiate electoral reforms and works for the realization of the democratic, consultative and participatory form of the governance whereby peoples of the country particularly the tri-peoples of Mindanao can exercise their rights to sel-determination and shape their own destiny.
Section 2.c. Implement a comprehensive and workable social, political and economic development program that is truly responsive to the basic needs and aspirations of all peoples especially in Mindanao.
Section 1. Qualifications. The basic qualifications for membership in the party are as follows:
- Voting age citizen who adheres the principles, objectives, programs and constitution and By-Laws of the Party.
- Certificate of completion of the Party’s Basic Orientation Seminar;
- The executive committee of the party unit shall decide the application for membership.
- Oath of the membership.
Section 2. Termination of Membership, Membership of the Party may be terminated through voluntary resignation of expulsion based on just and valid grounds and upon completion of the proper hearing and due process. The commission of any acts inimical and contrary to the principles, policies and Constitution and By-Laws of the Party shall be a valid ground for termination or expulsion.
Section 3. Membership in Good Standing. Party member in good standing is one who is:
- With good moral character
- Performs his/her duties and responsibilities
- Not under suspension by his/her Party units or its higher unit
Section 4. Rights. All Party members shall have the following rights:
- To vote and to be voted upon as party officer and nominee/representative or any position that he/she qualified for.
- To participate in any party discussion and making activities and pertinent to the Party unit to which he/she belongs.
- To express opinions, makes suggestions and recommendations through the proper and appropriate units and forum, thereby promoting the interest and security of the Party.
- To avail of Party services and facilities
- To file complaints and grievances at the proper forum against any member, officer or nominee of the Party.
Section 5. Duties and Responsibilities.
- To protect and standby before the principles adhered by the Party;
- To pay nay dues as required and agreed upon by the party assembly;
- To submit to any decisions made by the assembly and implemented by the National Council.
COMPOSITION AND STRUCTURE
Section 1. AMIN Partylist is composed of the Tri people of Mindanao – the Moro, Indigenous Peoples and the Settlers whose membership comes from the marginalized sectors of the Youth, Urban poor, Women, Farmers, Fisher folks, Workers, Senior Citizen, Differently- abled persons, OFWs, Professional and all other sectors of any gender, all united and resolved to engage I electoral politics through the Party-List System.
Section 2. National Congress, The National Congress shall the highest governing and policy-making body of Anak Mindanao.
Section 2.a. The National Congress has the following powers;
- To ratify and amend the Constitution and By-Laws, National Platforms and programs of the Party.
- To elect the National officers of the Party including the Council and Executive Committee;
- To elect the Party’s Nominees for the House of Representatives thru the Tri-people manner of selection, however, in cases that there may be new proposals/mechanics proposed, it shall be subjected to proper consultation among party units and be approved by the Congress.
- To act on recommendations submitted to it by the National Council and or National Executive Committee.
Section 2.b. Delegation. The delegates to the National shall be not less than fifty persons (50) per people or as maybe determined upon by the National Council. In the selection of delegates, the tri people s in Mindanao must always be represented including the women and the youth. Further, the National council may decide on additional factors for representation to the National Congress.
Section 2.c. Regular Congress. The National congress shall convene once in every three years.
Section 2.d. Special Congress. A special Congress may be convened upon the petition of at least50% plus one (1) of the delegates of the previous National Congress at least 2/3 (17 maximum) of all the members of the National Council.
Section 3. National Council. The National Council shall be the next highest governing and deciding body of Anak Mindanao.
Section 3.a. The National Council composed of twenty two (22) members. Seven (7) of which are members of the Executive Committee and fifteen (15) Representatives who shall be coming from the three (3) peoples with five (5) per people. The 23rd member is the Chairperson Emeritus who shall be a voting member of the Council after his/she exemplary services rendered to the organization. In addition the Chairman emeritus shall only cast his/her vote to break the tie of the Execom in discussion.
Section 3.b. Powers and Functions. The National Council shall have the following powers and functions:
- Promulgate policies and guidelines relative to the effective implantation of the Party’s platforms and programs;
- Submit reports and recommendations to the National Congress/assembly;
- Determine the number of delegates during the National Congress/assembly;
- Create committees and special bodies deemed necessary to efficiently and effectively deliver organizational services;
- Prescribe rules and procedures needed for an orderly and efficient operation of the Party at all levels;
- Promulgate guidelines in the allocation of projects and funds, and
- React/respond immediately on burning issues that has relevance and in relations to the Party’s programs.
- Performs such other functions assigned to them by the Party Congress.
Section 3.c. Regular Council Meeting . The Regular Council Meeting may be called by the by the President or upon request of the simple majority (50%+1) of the member of the Council.
Section 4. The Executive Committee. The Executive Committee shall be directly responsible for the implementation of the Council decisions. It shall be composed of the President , 3 Vice-President representing the Tri-people, Secretary General, Treasurer and Auditor.
Section 4.a. The President shall act as president Officer of the National Council, Execom and Congress and shall represented the organization in the name of the party.
Section 4.b. The Vice Presidents shall assist and facilitate together with the President during Peoples assembly, Consultations and caucuses. One of the Vice President shall assume the responsibilities of the President upon determination of the Council in the latter’s absence or if the position in vacant.
Section 4.c. The Secretary General shall primarily be responsible for the coordination of the Party Activities and shall safeguard all the records, documents and papers of the Party. He /She shall be head of the secretariat and id responsible for the following:
- To plan the budget of the Party subject to the approval of the Executive Committee;
- To prepare quarterly and annual financial reports or statements showing the financial status of the party.
- To maintain the records of financial and physical accomplishment of the projects and programs implemented by the Party.
- To take charge in the operation of the National office of the Party; and
- To perform such as other functions assigned to him/her by the Congress, council or the Executive Committee.
Section 4.d. Deputy Secretary General shall assist the Secretary General in all AMIN activities in every clusters and shall hold responsibility of all AMIN activities in the absence of the Secretary General.
Section 4.e. Treasurer shall be responsible in safeguarding properties and the money of the Party. He /She is authorized to record and collect dues, contributions, pledge and donations for the Party and shall maintain proper accounting system and records. Further, the treasurer shall have the following duties:
- To plan the budget of the Party subject to the approval of the Executive Committee;
- To prepare quarterly and annual financial reports or statements showing the financial status of the Party;
- To maintain records of the financial and physical accomplishments of projects and programs implemented by the Party;
- To deposit funds of the Party to bank/s designated by the Council; and
- Performs such other duties as maybe assigned by the council/Execom.
Section 4.f. The Auditor shall have the following functions:
- Conduct from time to time inspection of the financial records and properties of the Party;
- Inspect and counter-check the properties and shall recommend guidelines and control for the general management of the properties;
- Shall take the lead in the formation of committee or body to conduct inventory, monitoring and evaluation of the project and programs implemented by the Party;
- Shall exercise such other functions assigned to him/ her by the council or the Execom.
Section 5. Manner of Election. The President, Secretary General, Treasurer and the Auditor shall be elected by the popular vote during the National Congress, while per people delegation will elected among themselves a Vice President and five (5) representative to form part of the National Council. Per people assembly shall see to it that one of the (5) Representative shall come from the youth sectors.
Section 6. Provincial Chapters and Offices. A provincial chapter shall be composed of at least determined by the council. A provincial chapter shall elect among themselves its Council and Execom similar to the Structure and functions set forth for the National formation. However, they are allowed to organized such bodies and committees which they think necessary to implement the programs and platforms of the Party and as long as it does not violate the principles and policies set forth by the National Congress/ Assembly or National Council.
Section 7. Municipal or City Chapters. A municipal or City Chapter is composed of at least 5 Barangay chapter or clusters whose delegates during the Congress/ Assembly shall be determined by the Council. A municipal or City Chapter shall elect among themselves its Council and Execom similar to the structure and functions set forth for the National formation. However, they are allowed to organize such bodies and committees which they think necessary to implement the programs and platforms of the Party and as long as it does not violate the principles and policies set by the National Congress/ Assembly or National Council.
Sections 8. Barangay Chapter. The Barangay Chapter is composed of at least 25 individual member who shall elect among themselves at least an Executive Committee that is composed of President, Vice President, Secretary, Treasurer and Auditor. The Barangay chapter is the basic unit of the Party. Therefore, all member must belong to a barangay chapter.
Section 9. Formation within the Indigenous Peoples and Moro Areas. For Moro and Indigenous Peoples areas, the organization of Provincial, Municipal and Barangay Chapters shall be based on the traditional political set upset forth by their tribe subject to the confirmation of National Council. With this, the National Council shall promulgate guidelines in case there are issues regarding the chapter organizing within these areas.
Section 10. Committee and Special Bodies. Committee shall created to realize the goal and objectives of AMIN Party- List, these are the following:
- Membership Committee
- Finance Committee
- Grievance Committee
- Campaign, Advocacy and mobilization
- Research and Policy Legislation
- Legal Department
- International Solidarity and Networking
Section 11. The Secretariat. The Secretariat shall be headed by the Secretary General which is responsible for day-to-day operation and implementation of the Party activities and programs.
Section 12. Terms of Office. The terms of the office of all elected and appointed officials shall be three years subject to re-election or system of recall.
Section 1. The Party entitled to elect five (5) nominees to represent the Party to the House of Congress.
Section 2. Composition. The five (5) nominees shall be elected during the National Congress/ Assembly whose selection shall consider gender, geographical location and the Tri-people character of the Party. Further, the Nominee must possess the quality of a leader who can represent and bring the struggle of the Party into the Hall of Congress.
Section 3. Qualification of Nominee. Nominees must possess the following Qualifications:
- A registered voter
- At least 25 years old and a bonafide member of Anak Mindanao Party 90 days before the selection of nominees.
- Must be of good standing as defined in article 4. Section 3 of this Constitution, and with good records of community development work in Mindanao; and
- Must champion the cause of the marginalize Tri-people of Mindanao.
Section 4. Task and Functions of Nominees. The Nominees has the following task and functions:
- To represent the party to the House of Congress based on the garnered votes.
- To abide to the programs, policies, Constitution and By-Laws of the Party;
- Shall report to the Council and National Congress/ Assembly on their activities and
- The Nominees shall work as a team in the Advancement of the Party’s platforms and programs in the House of Congress or any other venue;
- To promulgate legislation based on the Party programs and platforms and programs in the House of Congress or any other venue;
- To protect the integrity of the Party.
Section 5.a. Sitting Nominee shall be entitled to receive remuneration and benefits being afforded as provided for law or as being agreed upon by the Party.
Section 5.b. Non sitting Nominee . Non-Sitting Nominees who renders valued service to the Party during his/her term shall receive remuneration/ honorarium and benefits being agreed upon by the Party subject to the availability of the Party funds and resources.
Section 6. Terms of Office. The Party Nominees shall hold its office for a period of three years and can be elected for another term for a maximum of three-consecutive terms.
MEETING AND QUORUM
Section 1. National Congress. Anak Mindanao shall hold its regular National Congress once every three years. However, a special congress shall be called for by a petition of at least ¾ of the council or 50% +1 of the delegates and participants of the previous assembly.
Section 2. National Council. Shall hold its regular council meeting once every six months and special meeting will be called by at least 50%+1 of the council Members.
Section 3. National Executive Committee. Shall hold its regular meeting once in every three-months and shall have its special meeting if called by the President.
Section 4. Provincial Meeting and Municipal Meetings. Provincial and Municipal Chapters meetings shall determined by the chapter.
Section 5. Quorums. A simple majority (50+1) of all its tri-peoples’ members shall constitute a quorum of any meetings.
Section 1. The National Council shall formulate a code of discipline prescribing all procedures and guidelines pertinent to discipline and implement the same upon approval by the National Council.
Section 2. Grounds for disciplinary action. Discipline proceedings may be initiated by any Party Office or Member against any Party Officer or Member on any of the following grounds
- Gross violation of the Party’s Constitution and By-Laws, Platforms, Policies regulations or decisions;
- Malverzation of Party’s fund
- Misrepresentation of official duties
- Failure in the performance of official duties;
- Non-payment of dues, fees or assessments;
- Gross misconduct, or
- Any act inimical to the interest of the Party.
Section 3. Additional penalties. Additional Penalties that may be meted on any Party Officer or member proven errant may be any of the following:
- Simple reprimand,
- Removal from office,
- Extension of suspension,
- Fine, and or
Section 5. Finality of Decision. Unless Overturned by Congress, the decision of the National Council shall be final.
MEMBERSHIP FEES AND OBLIGATIONS
Section 1. Membership fees. Each member shall pay membership fee of 50.00 pesos.
Section 2. Monthly Dues. Every member shall give monthly dues of P20.00 pesos.
Section 3. Contributions and Donations. The Party shall receive donations and contributions provided that there are no conditions attached to it which would detrimental to the Party and its principles.
Section 4. Special Fees. Special Fees shall be collected to all members as agreed.
Section 5. Resource Generation Activities. To finance Party activities and Operations, a programmatic resource generation activities shall be carried out by all Party units.
Section 6. Signatories to the financial documents. Finance Documents shall be signed by official signatories such as President, Treasurer and/ or Secretary General.
Section 7. An inventory of Party Properties and equipment shall be done annually.
Section 1. Amendments to this constitution may be proposed to the National Council in writing by any member in good standing.
Section 2. Proposed amendments shall be ratified by the National Congress by a two-thirds (2/3) vote of all its members present during the ratification.
This Constitution and By-Laws was AMENDED, RATIFIED and ADOPTED THIS 19th day of September 2015 in Estosan Gardens Hotel, Cotabato City during the 5th National Congress..