[ REPUBLIC ACT NO. 10742, January 15, 2016 ]
AN ACT ESTABLISHING REFORMS IN THE SANGGUNIANG KABATAAN CREATING ENABLING MECHANISMS FOR MEANINGFUL YOUTH PARTICIPATION IN NATION-BUILDING, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
SECTION 1. Title. – This Act shall be known as the “Sangguniang Kabataan Reform Act of 2015”.
SEC. 2. Declaration of State Policies and Objectives. – The State recognizes the vital role of the youth in nation-building .and thus, promotes and protects their physical, moral, spiritual, intellectual and social well-being, inculcates in them patriotism, nationalism and other desirable values, and encourages their involvement in public and civic affairs.
Towards this end, the State shall establish adequate, effective, responsive and enabling mechanisms and support systems that will ensure the meaningful participation of the youth in local governance and ^Ln nation-building.
SEC. 3. Definition of Terms. – For purposes of this Act, the following terms are hereby defined:
(a) Commission shall refer to the National Youth Commission created under Republic Act No. 8044;
(b) Local Chief Executive shall refer to the provincial governor, city and municipal mayor;
(c) Local Government Operations Officer shall refer to the duly designated head of the office of the Department of the Interior and Local Government (DILG) stationed in the concerned local government unit;
(d) Local Sanggunian shall refer to the sangguniang panlalawigan, sangguniang panlungsod and sangguniang bayan;
(e) Youth Affairs Provincial Officer shall refer to the person duly appointed or designated by the Commission to serve as its agent in the province with the tasks provided for in this Act or as the Commission may deem necessary;
(f) Youth shall refer to those persons whose ages range from fifteen (15) to thirty (30) years old as defined in Republic Act No. 8044;
(g) Youth Organizations shall refer to those organizations whose membership/ composition are the youth; and
(h) Youth-Serving Organizations shall refer to those registered organizations whose principal programs, projects and activities are youth-oriented and youth-related.
CHAPTER II
THE KATIPUNAN NG KABATAAN AND THE
SANGGUNIANG KABATAAN
SEC. 4. Katipunan ng Kabataan. – There shall be in every barangay a Katipunan ng Kabataan to be composed of all citizens of the Philippines residing in the barangay for at least six (6) months, who are at least fifteen (15) but not more than thirty (30) years of age, and who are duly registered in the list of the Commission on Elections (COMELEC) and/or the records of the Sangguniang Kabataan secretary.
SEC. 5. Powers and Functions of the Katipunan ng Kabataan. – The Katipunan ng Kabatan shall:
(a) Elect the Sangguniang Kabataan chairperson and members; and
(b) Serve as the highest policy-making body to decide on matters affecting the youth in the barangay. As such, the Sangguniang Kabataan shall consult and secure the concurrence of the Katipunan ng Kabataan in the formulation of all its, programs, plans and activities.
SEC. 6. Meetings of the Katipunan ng Kabataan. – The Katipunan ng Kabataan shall meet at least once every six (6) months, or at the call of the chairperson of the Sangguniang Kabataan or upon written petition of at least one-twentieth (1/20) of its members, to decide on important issues affecting the youth of the barangay.
SEC. 7. Creation and Election of the Sangguniang Kabataan. – There shall be in every barangay a Sangguniang Kabataan to be composed of a chairperson and seven (7) members who shall be elected by the registered voters of the Katipunan ng Kabataan. The Sangguniang Kabataan chairperson/shall, with the concurrence of the majority of the Sangguniang Kabataan members, appoint from among the members of the Katipunan ng Kabataan, a secretary and a treasurer.
SEC. 8. Powers and Functions of the Sangguniang Kabataan. – The Sangguniang Kabataan shall:
(a) In consultation and with the concurrence of the Katipunan ng Kabataan, and within three (3) months from assumption to office, formulate a three (3)-year rolling plan, which shall be known as the Comprehensive Barangay Youth Development Plan, which shall serve as basis in the preparation of the Annual Barangay Youth Investment Program. This plan shall be aligned with the Philippine Youth Development Plan (PYDP) and other Local Youth Development Plans in every level, municipal, city and provincial as is relevant;
(b) Approve the annual budget which is the annual slice of the Annual Barangay Youth Investment Program before the start of the succeeding fiscal year and, if the Sangguniang Kabataan funds allow, a supplemental budget. Any changes in the annual budget shall be in accordance with existing applicable budget rules and procedures;
(c) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the Comprehensive Barangay Youth Development Plan and the applicable provisions of this Act;
(d) Initiate and implement, in coordination with any national government agency and/or any private or nongovernment institution, programs and projects designed to promote general welfare, development and empowerment of the youth;
(e) Hold fund-raising activities which are in line with the Comprehensive Barangay Youth Development Plan, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the Sangguniang Kabataan: Provided, however, That in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied: Provided, further, That any appropriation thereof shall be in accordance with existing applicable budget, accounting and auditing rules and regulations;
(f) Create regular and special committees and such other bodies whose chairpersons and members of which shall come from among the members of the Sangguniang Kabataan or from among the members of the Katipunan ng Kabataan, as it may deem necessary to effectively carry out its programs and activities;
(g) Submit the annual and end-of-term program accomplishments and financial reports to the Sangguniang Barangay and present the same during the Katipunan ng Kabataan assembly, copy furnished the Office of the Local Government Operations Officer and Local Youth Development Council (LYDC), all in accordance with the prescribed form by the DILG and the Commission;
(h) Partner with the LYDC in planning and executing projects and programs of specific advocacies like good governance, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, and sports development;
(i) Adopt and implement a policy on full public disclosure of all its transactions and documents involving public interest; and
(j) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or delegated by the Sangguniang Barangay or the Commission.
SEC. 9. Meetings of the Sangguniang Kabataan. – (a) The Sangguniang Kabataan shall meet regularly once a month on the date, time and place to be fixed by the said sanggunian. Special meetings may be called by the chairperson or any four (4) of its members by giving written notice of the date, time, place and agenda of the meeting, which can be sent either through personal delivery, registered mail, fax or email, to all members, and must be received at least one (1) day in advance. The Sangguniang Barangay and the Municipal or City Youth Development Council shall be furnished with notices of regular and special meetings and the minutes of the meetings thereafter.
(b) A majority of the members including the chairperson shall constitute a quorum.
SEC. 10. Qualifications. – An official of the Sangguniang Kabataan, either elective or appointee, must be a citizen of the Philippines, a qualified voter of the Katipunan ng Kabataan, a resident of the barangay for not less than one (1) year immediately preceding the day of the elections, at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections, able to read and write Filipino, English, or the local dialect, must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be elected, and must not have been convicted by final judgment of any crime involving moral turpitude.
SEC. 11. Term of Office. – (a) The chairperson and members of the Sangguniang Kabataan shall hold office for a fixed term of three (3) years unless sooner removed for cause, permanently incapacitated, have died or resigned from office.
(b) The Sangguniang Kabataan secretary and treasurer shall be coterminus with the appointing authority unless sooner removed for cause, found to have failed from the discharge of his or her duties, or has committed abuse of authority as stipulated in existing laws pertaining to the conduct of public officials, through a majority vote of all the members of the Katipunan ng Kabataan in a regular or special assembly called for the purpose.
(c) A Sangguniang Kabataan official who, during his or her term of office, shall have passed the age of twenty-four (24) years shall be allowed to serve the remaining portion of the term for which he or she was elected.
SEC. 12. Sangguniang Kabataan Chairperson. – The chairperson of the Sangguniang Kabataan shall automatically serve as an ex officio member of the Sangguniang Barangay upon assumption to office. As such, he or she shall exercise the same powers, discharge the same duties and functions, and enjoy the same privileges as the regular Sangguniang Barangay members; and shall be the chairperson of the Committee on Youth and Sports Development. He or she shall be entitled to a pro-rata honoraria for every session of the Sangguniang Barangay he or she has attended.
SEC. 13. Powers and Functions of the Sangguniang Kabataan Chairperson. – The Sangguniang Kabataan chairperson shall exercise such powers and discharge such duties as follows:
(a) Call and preside over all meetings of the Sangguniang Kabataan, and vote in case of a tie, and assemblies of the Katipunan ng Kabataan except when one. (1) of the agenda to be discussed in such assembly involves the disciplinary action against the Sangguniang Kabataan chairperson, in which case, the highest ranking Sangguniang Kabataan member shall preside;
(b) Take the lead in the formulation of the Comprehensive Barangay Youth Development Plan and in the preparation and implementation of the Annual Barangay Youth Investment Program;
(c) Ensure the implementation of policies, programs and projects as contained in the Annual Barangay Youth Investment Programs, in coordination with the Sangguniang Barangay and the Municipal or City Youth Development Council;
(d) Sign all required documents and warrants drawn from the Sangguniang Kabataan funds for all expenditures in the implementation of the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program;
(e) Exercise general supervision over the affairs and activities of the Sangguniang Kabataan and the Katipunan ng Kabataan as well as the official conduct of its members;
(f) With the concurrence of the Sangguniang Kabataan, appoint from among the members of the Katipunan ng Kabataan a secretary and a treasurer;
(g) Coordinate with the Sangguniang Barangay and other youth organizations within his or her barangay on youth-related programs and projects that they wish to initiate and implement; and
(h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
SEC. 14. Sangguniang Kabataan Secretary. – The Sangguniang Kabataan secretary shall:
(a) Keep all the records of the Katipunan ng Kabataan, including the list of its qualified members, youth policies, studies, research and registry of youth and youth-serving organizations in the barangay, if any;
(b) Prepare and keep all the minutes of all assemblies of the Katipunan ng Kabataan and of all the meetings of the Sangguniang Kabataan;
(c) Cause the posting, in the barangay bulletin board and in at least three (3) conspicuous places within the jurisdiction of the barangay, and if possible including the use of traditional and nontraditional media, and make available for any person with legal purpose, all resolutions approved by the Sangguniang Kabataan, the annual and end-of-term reports of the programs and projects implemented by the Sangguniang Kabataan, the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program and the dissemination of the same to concerned offices, institutions and individuals; and
(d) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson may prescribe or direct.
SEC. 15. Sangguniang Kabataan Treasurer. – The Sangguniang Kabataan treasurer shall:
(a) Take custody of all Sangguniang Kabataan property and funds;
(b) Collect and receive contributions, monies, materials, and all other resources intended for the Sangguniang Kabataan and the Katipunan ng Kabataan;
(c) Serve as cosignatory in all withdrawals from the Sangguniang Kabataan funds and disburse funds in accordance with the approved annual budget and supplemental budget, as the case may be, of the Sangguniang Kabataan,
(d) Certify to the availability of the Sangguniang Kabataan funds whenever necessary;
(e) Submit to the Sangguniang Kabataan and to the Sangguniang Barangay certified and detailed statements of actual income and expenditures at the end of every quarter and the posting of the same in the barangay bulletin board and in at least three (3) conspicuous places within the jurisdiction of the barangay, and if possible including the use of traditional and nontraditional media;
(f) Render report during the regular Katipunan ng Kabataan assembly on the financial status of the Sangguniang Kabataan; and
(g) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson may prescribe or direct.
SEC. 16. Privileges of Sangguniang Kabataan Officials. – (a) All Sangguniang Kabataan officials in good standing, whether elected or appointed, shall, during their incumbency:
(1) Be exempt from payment of tuition and matriculation fees while enrolled in any public tertiary school including state colleges and universities and those locally funded public educational institutions within or nearest their area of jurisdiction. The National Government, through the DILG, shall reimburse said college or university the amount of the tuition and matriculation fees;
(2) Be exempt from taking the National Service Training Program-Civic Welfare Training Service (NSTP-CWTS) subjects. In lieu thereof, concerned Sangguniang Kabataan officials shall submit written reports, preferably with photographs, or other documentations of their participation in the implementation of programs, projects and activities as outlined in the Comprehensive Barangay Investment Program. Absence of such reports and documentations or a finding to the contrary upon verification of submitted reports, will disqualify the concerned Sangguniang Kabataan officials from this privilege. The Commission on Higher Education (CHED) and the Commission shall jointly promulgate the guidelines for the implementation of this provision;
(3) Be excused from attending their regular classes, if they are currently enrolled in any school, while attending then- regular or special Sangguniang Kabataan meetings, and the Sangguniang Barangay sessions, in case of the Sangguniang Kabataan chairperson. A certification of attendance shall be issued by the Sangguniang Kabataan secretary, attested by the Sangguniang Kabataan chairperson and duly noted by the Punong Barangay and shall be submitted to the concerned faculty member and the dean of the educational institution as proof of attendance. In the case of the Sangguniang Kabataan secretary, the Sangguniang Kabataan chairperson shall issue the certification duly noted by the Punong Barangay. In the case of the Sangguniang Kabataan chairperson, the barangay secretary shall issue the certification of attendance duly noted by the Punong Barangay. Any person who shall falsely certify as to the attendance of any Sangguniang Kabataan official shall be criminally and administratively liable;
(4) Be provided by the National Government with Philippine Health Insurance Corporation (Philhealth) coverage; and
(5) Be entitled to receive actual travelling reimbursements as may be authorized by law, and subject to the availability of funds: Provided, That, such travel is directly related to the performance of their functions as Sangguniang Kabataan officials and is supported by duly approved travel order by the Punong Barangay in the case of the Sangguniang Kabataan chairperson, or by the Sangguniang Kabataan chairperson in the case of the other Sangguniang Kabataan officials.
(6) The Sangguniang Kabataan chairperson shall have the same privileges enjoyed by other Sangguniang Barangay officials under this Act subject to such requirements and limitations provided herein.
SEC. 17. Persons in Authority – For purposes of the Revised Penal Code, the Sangguniang Kabataan chairperson and members in each barangay shall be deemed as persons in authority in their jurisdictions.
SEC. 18. Suspension and Removal from Office. – Any elected official of the Sangguniang Kabataan may, after due process, be suspended for not more than six (6) months or removed from office by majority vote of all members of the Sangguniang Bayan or Sangguniang Panlungsod which has jurisdiction in the barangay of the concerned Sangguniang Kabataan official which shall be final and executory, on any of the following grounds:
(a) Absence from the regular meeting of the Sangguniang Kabataan without valid cause for two (2) consecutive times or accumulated absences of four (4) within a period of twelve (12) months;
(b) Failure to convene the regular assembly of the Katipunan ng Kabataan for two (2) consecutive times;
(c) Failure to convene the regular Sangguniang Kabataan meetings for three (3) consecutive months in the case of the Sangguniang Kabataan chairperson;
(d) Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay Youth Investment Program, or approve the annual budget within the prescribed period of time without justifiable reason;
(e) Failure to implement programs and projects outlined in the Annual Barangay Youth Investment Program without justifiable reason;
(f) Four (4) consecutive absences during the regular Sangguniang Barangay sessions without valid cause in the case of the Sangguniang Kabataan chairperson;
(g) Conviction by final judgment of a crime involving moral turpitude; and violation of existing laws against graft and corruption and other civil service laws, rules and regulations; and
(h) Failure in the discharge of his or her duty or has committed abuse of authority.
SEC. 19. Succession and Filling up of Vacancies. – (a) In case a Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the Sangguniang Kabataan member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson for the unexpired portion of his or her term. In case said member refuses to assume the position or fails to qualify, the Sangguniang Kabataan member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term.
(b) After the vacancy shall have been filled, the Sangguniang Kabataan chairperson shall, within thirty (30) days, call for a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan member to complete the membership of said sanggunian: Provided, That, such special assembly is coordinated with the Office of the Local Government Operations Officer and the COMELEC of the municipality or city where the concerned barangay belongs Such Sangguniang Kabataan member shall hold office for the unexpired portion of the term of the vacant seat. For this purpose, any citizen of the Philippines residing in the said barangay for at least six (6) months who attains the age of fifteen (15) years old at the time of the special election and who registers as member of the Katipunan ng Kabataan before the Sangguniang Kabataan secretary shall be entitled to vote in the said special election.
(c) All other vacancies in the office of the Sangguniang Kabataan shall be filled in accordance with the immediately preceding provision.
(d) In case of suspension of the Sangguniang Kabataan chairperson, the successor, as determined in subsection (a) of this section, shall assume the position during the period of such suspension.
SEC. 20. Sangguniang Kabataan Funds. – The Sangguniang Kabataan funds shall be governed by the following provisions:
(a) All the income of the barangay derived from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in „ hank n refer ably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Act. Ten percent (10%) of the general fund of the barangay shall be set aside for the Sangguniang Kabataap. The Sangguniang Barangay shall appropriate the Sangguniang Kabataan funds in lump-sum which shall be disbursed solely for youth development and empowerment purposes;
(b) The Sangguniang Kabataan shall have financial independence in its operations, disbursements and encashment of their fund, income and expenditures. As such, the Sangguniang Kabataan funds shall be deposited in the name of the Sangguniang Kabataan of the concerned barangay in a government-owned bank situated in or nearest to its area of jurisdiction with the Sangguniang Kabataan chairperson and the Sangguniang Kabataan treasurer as the official signatories;
(c) All Sangguniang Kabataan funds shall be allocated in an annual budget, and if the funds allow, in a supplemental budget in accordance with the adopted Annual Barangay Investment Program. Both the Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program shall give priority to programs, projects and activities that will promote and ensure the equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, sports development, and capability building which emphasizes leadership training; and
(d) The Sangguniang Bayan or Sangguniang Panlungsod shall, within sixty (60) days upon receipt hereof, review the annual budget and supplements1 budget of the Sangguniang Kabataan on their compliance in the immediately preceding provision and other existing laws, rules and regulations. Noncompliance shall render said budgets inoperative either in whole or in part. Failure on the part of the sanggunian to complete the review within the prescribed period shall render the said annual budget deemed approved.
All Sangguniang Kabataan funds derived from any source shall be stated in its financial records which shall be kept by the Sangguniang Kabataan treasurer, copy furnished the sangguniang barangay, in simplified manner as may be prescribed by the Commission on Audit (COA). All Sangguniang Kabataan funds shall be subject to all existing accounting and auditing laws, rules and regulations.
SEC. 21. Pederasyon ng Sangguniang Kabataan. – (a) There shall be an organization of the Pederasyon ng mga Sangguniang Kabataan to be known as follows:
(1) In municipalities, Pambayang Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the municipality;
(2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the city; and
(3) In provinces, Panlalawigang Pederasyon ng mga Sangguniang Kabataan which shall be composed of the convenors of the Pambayan and Panlungsod na Pederasyon ng mga Sangguniang Kabataan.
(b) The Pederasyon ng njiga Sangguniang Kabataan shall, at all levels, elect from among themselves a president, a vice president, a1 treasurer, a secretary and such other officers as they may deem necessary. The concerned Local Government Operations Officer, in coordination with the election officer, shall facilitate the conduct of the elections which shall be held within fifteen (15) days from the Sangguniang Kabataan elections in case of the Pambayan and Panlungsod na Pederasyon, and within thirty (30) days in case of the Panlalawigang Pederasyon.
(c) The manner of election, suspension and removal of the officers of the Pederasyon at all levels and the term of office of the other officers of the Pederasyon shall be governed by the guidelines to be jointly issued by the DILG, the COMELEC and the Commission within sixty (60) days upon the effectivity of this Act.
SEC. 22. Membership in the Sanggunian and Local Special Bodies. – (a) The duly elected president of the Pederasyon ng Sangguniang Kabataan, at all levels, shall serve as ex officio member of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, respectively;
(b) He or she shall be the chairperson of the Committee on Youth and Sports Development in the said Sanggunian, and a regular member of the Committees on Education, Environment, Employment and Livelihood, Health and Anti-Drug Abuse, and Gender and Development,
(c) He or she shall serve as ex officio member of Local School Board, Local Council for the Protection of Children Local Development Council, Local Health Board Local Tourism Council and Local Peace and Order Council, and
(d) He or she shall convene the LYDC every three (3) months to conduct consultations with youth organizations.
CHAPTER III
THE LOCAL YOUTH DEVELOPMENT COUNCIL (LYDC)
SEC. 23. Creation. – To ensure wide and multi-sectoral youth participation in local governance, there shall be in every province, city and municipality a Local Youth Development Council (LYDC) “which shall be called, Provincial Youth Development Council, City Youth Development Council and Municipal Youth Development Council, respectively. The LYDC shall be composed of representatives of youth and youth-serving organizations in the provincial, city, and municipal level. The LYDC shall assist the planning and execution of projects and programs of the Sangguniang Kabataan, and the Pederasyons in all levels.
SEC. 24. Local Youth Development Council Funds. – The LYDC shall be funded by their respective Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan.
CHAPTER IV
THE LOCAL YOUTH DEVELOPMENT OFFICE
SEC. 25. Creation. – There shall be in every province, city and municipality a Youth Development Office which shall be headed by a youth development officer with the rank of at least division chief. Such may be put under the Office of the Local Chief Executive, the Office of the Planning and Development, the Office of the Social Welfare, or in any other office deemed appropriate by the local government unit. If the funds of the local government unit are sufficient, it can be a separate department with divisions and units for policy and planning, administration and finance, and programs and operations. In the event when the local government unit has exceeded the prescribed personal services limitations, the local chief executive may designate existing personnel whom he or she deems fit to serve this purpose until such time that the local government unit can already create this office.
SEC. 26. Funding. – The local government unit shall incorporate in its annual budget such amount as may be necessary for the operation and effective functioning of the Local Youth Development Office.
CHAPTER V
CAPABILITY-BUILDING AND ORIENTATION TOWARDS
NATION-BUILDING AND EMPOWERMENT
SEC. 27. Mandatory and Continuing Training Programs. – For the purpose of emphasizing the role of the youth in nation-building and molding them to become better citizens with the values of patriotism, nationalism and honor as a Filipino, any Sangguniang Kabataan official, whether elected or appointed, or any member of the LYDC must undergo the mandatory training programs before he or she can assume office. During their incumbency, they must attend the continuing training programs to be undertaken by the Commission in coordination with the DILG. Deliberate failure to attend the said training programs shall constitute sufficient ground to disqualify said Sangguniang Kabataan official or LYDC member or subject them to disciplinary actions.
SEC. 28. Components of the Mandatory Training Programs. – The Commission and the DILG with the assistance of the Development Academy of the Philippines (DAP), the Local Government Academy (LGA), the University of the’ Philippines-National College of Public Administration and Governance (UP-NCPAG), and in consultation with youth stakeholders shall jointly design and implement the mandatory and continuing training programs. The mandatory training programs1 must include among others, the following components: (a)(1) The Philippine .cultural history, political systems ethics and ideologies; (2) The Filipino as a nation builder (3) The Filipino youth and its role in nation-building; and (b) capability building on leadership, program and project development and sustainability, financial management, and accountability and transparency.
SEC. 29. Training Fund – A training fund with an initial amount of fifty million pesos (P50,000,000.00) is hereby established and appropriated from any available source to be managed by the Commission. Thereafter, such amount needed for this purpose shall be included in the Annual General Appropriations Act.
CHAPTER VI
LINGGO NG KABATAAN
SEC. 30. Observance of Linggo ng Kabataan. –
(a) Every barangay, municipality, city and province shall conduct an annual activity to be known as the Linggo ng Kabataan on the week where the 12th of August falls to coincide with the International Youth Day. The Sangguniang Kabataan, in the case of barangay, and the respective LYDC in cooperation with the Pederasyon ng mga Sangguniang Kabataan, in the case of municipality, city and province, shall take the lead in this observance.
(b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all local elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in the territorial jurisdiction of the local government unit, among in-school and community youth residing in the local government concerned from ages thirteen (13) to seventeen (17). During said week, they shall hold office as boy and girl officials and shall perform such duties and conduct such activities as may be provided in the ordinance enacted pursuant to this Chapter.
CHAPTER VII
REGISTRATION, ELECTION AND
ASSUMPTION OF OFFICE
SEC. 31. Registration. – For purposes of the next regular Sangguniang Kabataan election under this Act, the COMELEC shall set a special registration of the Katipunan ng Kabataan which shall in no case be less than one (1) month and shall include Saturdays and Sundays. Subsequent registration of the Katipunan ng Kabataan shall be governed by Republic Act No. 8189 including the system of continuing registration.
SEC. 32. Date of Election. – The Sangguniang Kabataan elections shall be synchronized with the barangay elections and subsequently every three (3) years thereafter.
CHAPTER VIII
FINAL PROVISIONS
SEC. 33. Appropriations. – The amount necessary to implement the provisions of this Act shall be included in the Annual General Appropriations Act.
SEC. 34. Implementing Rules and Regulations (IRR). – The Commission, the DILG, the COMELEC, the Department of Budget and Management, the CHED, the Department of Education, and the COA, in consultation with the local government leagues, and various youth organizations and youth-serving organizations shall be tasked to come up, within sixty (60) days upon approval of this Act, with the IRR needed for the implementation of this Act.
SEC. 35. Separability Clause. – If, for any reason or reasons, any part or provision of this Act shall be declared unconstitutional or invalid, other parts or provisions not affected thereby shall continue to be in full force and effect.
SEC. 36. Repealing Clause. – Sections 329, 423-439 of Republic Act No. 7160, also known as “The Local Government Code of 1991”; Section 10(O) of Republic Act No. 8044, otherwise known as “Youth In Nation-Building Act”; Sections 1 and 2 of Republic Act No. 9340, entitled “An Act Amending Republic Act No. 9164, Resetting the Baranagay and Sangguniang Kabataan Elections, and for Other Purposed”; all other laws, presidential decrees, executive orders letters of instruction, rules and regulations or portions thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 37. Effectivity Clause. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in any two (2) newspapers of general circulation.
Approved,
This Act which is a consolidation of Senate Bill No. 2401 and House Bill No. 6043 was finally passed by the Senate and the House of Representatives on November 4, 2015 and November 11, 2015, respectively.
Approved: JAN 15 2016
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
INTRODUCTORY PROVISIONS
SECTION 1. Title. – This Act shall be known as the “Sangguniang Kabataan Reform Act of 2015”.
SEC. 2. Declaration of State Policies and Objectives. – The State recognizes the vital role of the youth in nation-building .and thus, promotes and protects their physical, moral, spiritual, intellectual and social well-being, inculcates in them patriotism, nationalism and other desirable values, and encourages their involvement in public and civic affairs.
Towards this end, the State shall establish adequate, effective, responsive and enabling mechanisms and support systems that will ensure the meaningful participation of the youth in local governance and ^Ln nation-building.
SEC. 3. Definition of Terms. – For purposes of this Act, the following terms are hereby defined:
(a) Commission shall refer to the National Youth Commission created under Republic Act No. 8044;
(b) Local Chief Executive shall refer to the provincial governor, city and municipal mayor;
(c) Local Government Operations Officer shall refer to the duly designated head of the office of the Department of the Interior and Local Government (DILG) stationed in the concerned local government unit;
(d) Local Sanggunian shall refer to the sangguniang panlalawigan, sangguniang panlungsod and sangguniang bayan;
(e) Youth Affairs Provincial Officer shall refer to the person duly appointed or designated by the Commission to serve as its agent in the province with the tasks provided for in this Act or as the Commission may deem necessary;
(f) Youth shall refer to those persons whose ages range from fifteen (15) to thirty (30) years old as defined in Republic Act No. 8044;
(g) Youth Organizations shall refer to those organizations whose membership/ composition are the youth; and
(h) Youth-Serving Organizations shall refer to those registered organizations whose principal programs, projects and activities are youth-oriented and youth-related.
THE KATIPUNAN NG KABATAAN AND THE
SANGGUNIANG KABATAAN
SEC. 4. Katipunan ng Kabataan. – There shall be in every barangay a Katipunan ng Kabataan to be composed of all citizens of the Philippines residing in the barangay for at least six (6) months, who are at least fifteen (15) but not more than thirty (30) years of age, and who are duly registered in the list of the Commission on Elections (COMELEC) and/or the records of the Sangguniang Kabataan secretary.
SEC. 5. Powers and Functions of the Katipunan ng Kabataan. – The Katipunan ng Kabatan shall:
(a) Elect the Sangguniang Kabataan chairperson and members; and
(b) Serve as the highest policy-making body to decide on matters affecting the youth in the barangay. As such, the Sangguniang Kabataan shall consult and secure the concurrence of the Katipunan ng Kabataan in the formulation of all its, programs, plans and activities.
SEC. 6. Meetings of the Katipunan ng Kabataan. – The Katipunan ng Kabataan shall meet at least once every six (6) months, or at the call of the chairperson of the Sangguniang Kabataan or upon written petition of at least one-twentieth (1/20) of its members, to decide on important issues affecting the youth of the barangay.
SEC. 7. Creation and Election of the Sangguniang Kabataan. – There shall be in every barangay a Sangguniang Kabataan to be composed of a chairperson and seven (7) members who shall be elected by the registered voters of the Katipunan ng Kabataan. The Sangguniang Kabataan chairperson/shall, with the concurrence of the majority of the Sangguniang Kabataan members, appoint from among the members of the Katipunan ng Kabataan, a secretary and a treasurer.
SEC. 8. Powers and Functions of the Sangguniang Kabataan. – The Sangguniang Kabataan shall:
(a) In consultation and with the concurrence of the Katipunan ng Kabataan, and within three (3) months from assumption to office, formulate a three (3)-year rolling plan, which shall be known as the Comprehensive Barangay Youth Development Plan, which shall serve as basis in the preparation of the Annual Barangay Youth Investment Program. This plan shall be aligned with the Philippine Youth Development Plan (PYDP) and other Local Youth Development Plans in every level, municipal, city and provincial as is relevant;
(b) Approve the annual budget which is the annual slice of the Annual Barangay Youth Investment Program before the start of the succeeding fiscal year and, if the Sangguniang Kabataan funds allow, a supplemental budget. Any changes in the annual budget shall be in accordance with existing applicable budget rules and procedures;
(c) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the Comprehensive Barangay Youth Development Plan and the applicable provisions of this Act;
(d) Initiate and implement, in coordination with any national government agency and/or any private or nongovernment institution, programs and projects designed to promote general welfare, development and empowerment of the youth;
(e) Hold fund-raising activities which are in line with the Comprehensive Barangay Youth Development Plan, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the Sangguniang Kabataan: Provided, however, That in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied: Provided, further, That any appropriation thereof shall be in accordance with existing applicable budget, accounting and auditing rules and regulations;
(f) Create regular and special committees and such other bodies whose chairpersons and members of which shall come from among the members of the Sangguniang Kabataan or from among the members of the Katipunan ng Kabataan, as it may deem necessary to effectively carry out its programs and activities;
(g) Submit the annual and end-of-term program accomplishments and financial reports to the Sangguniang Barangay and present the same during the Katipunan ng Kabataan assembly, copy furnished the Office of the Local Government Operations Officer and Local Youth Development Council (LYDC), all in accordance with the prescribed form by the DILG and the Commission;
(h) Partner with the LYDC in planning and executing projects and programs of specific advocacies like good governance, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, and sports development;
(i) Adopt and implement a policy on full public disclosure of all its transactions and documents involving public interest; and
(j) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or delegated by the Sangguniang Barangay or the Commission.
SEC. 9. Meetings of the Sangguniang Kabataan. – (a) The Sangguniang Kabataan shall meet regularly once a month on the date, time and place to be fixed by the said sanggunian. Special meetings may be called by the chairperson or any four (4) of its members by giving written notice of the date, time, place and agenda of the meeting, which can be sent either through personal delivery, registered mail, fax or email, to all members, and must be received at least one (1) day in advance. The Sangguniang Barangay and the Municipal or City Youth Development Council shall be furnished with notices of regular and special meetings and the minutes of the meetings thereafter.
(b) A majority of the members including the chairperson shall constitute a quorum.
SEC. 10. Qualifications. – An official of the Sangguniang Kabataan, either elective or appointee, must be a citizen of the Philippines, a qualified voter of the Katipunan ng Kabataan, a resident of the barangay for not less than one (1) year immediately preceding the day of the elections, at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections, able to read and write Filipino, English, or the local dialect, must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be elected, and must not have been convicted by final judgment of any crime involving moral turpitude.
SEC. 11. Term of Office. – (a) The chairperson and members of the Sangguniang Kabataan shall hold office for a fixed term of three (3) years unless sooner removed for cause, permanently incapacitated, have died or resigned from office.
(b) The Sangguniang Kabataan secretary and treasurer shall be coterminus with the appointing authority unless sooner removed for cause, found to have failed from the discharge of his or her duties, or has committed abuse of authority as stipulated in existing laws pertaining to the conduct of public officials, through a majority vote of all the members of the Katipunan ng Kabataan in a regular or special assembly called for the purpose.
(c) A Sangguniang Kabataan official who, during his or her term of office, shall have passed the age of twenty-four (24) years shall be allowed to serve the remaining portion of the term for which he or she was elected.
SEC. 12. Sangguniang Kabataan Chairperson. – The chairperson of the Sangguniang Kabataan shall automatically serve as an ex officio member of the Sangguniang Barangay upon assumption to office. As such, he or she shall exercise the same powers, discharge the same duties and functions, and enjoy the same privileges as the regular Sangguniang Barangay members; and shall be the chairperson of the Committee on Youth and Sports Development. He or she shall be entitled to a pro-rata honoraria for every session of the Sangguniang Barangay he or she has attended.
SEC. 13. Powers and Functions of the Sangguniang Kabataan Chairperson. – The Sangguniang Kabataan chairperson shall exercise such powers and discharge such duties as follows:
(a) Call and preside over all meetings of the Sangguniang Kabataan, and vote in case of a tie, and assemblies of the Katipunan ng Kabataan except when one. (1) of the agenda to be discussed in such assembly involves the disciplinary action against the Sangguniang Kabataan chairperson, in which case, the highest ranking Sangguniang Kabataan member shall preside;
(b) Take the lead in the formulation of the Comprehensive Barangay Youth Development Plan and in the preparation and implementation of the Annual Barangay Youth Investment Program;
(c) Ensure the implementation of policies, programs and projects as contained in the Annual Barangay Youth Investment Programs, in coordination with the Sangguniang Barangay and the Municipal or City Youth Development Council;
(d) Sign all required documents and warrants drawn from the Sangguniang Kabataan funds for all expenditures in the implementation of the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program;
(e) Exercise general supervision over the affairs and activities of the Sangguniang Kabataan and the Katipunan ng Kabataan as well as the official conduct of its members;
(f) With the concurrence of the Sangguniang Kabataan, appoint from among the members of the Katipunan ng Kabataan a secretary and a treasurer;
(g) Coordinate with the Sangguniang Barangay and other youth organizations within his or her barangay on youth-related programs and projects that they wish to initiate and implement; and
(h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
SEC. 14. Sangguniang Kabataan Secretary. – The Sangguniang Kabataan secretary shall:
(a) Keep all the records of the Katipunan ng Kabataan, including the list of its qualified members, youth policies, studies, research and registry of youth and youth-serving organizations in the barangay, if any;
(b) Prepare and keep all the minutes of all assemblies of the Katipunan ng Kabataan and of all the meetings of the Sangguniang Kabataan;
(c) Cause the posting, in the barangay bulletin board and in at least three (3) conspicuous places within the jurisdiction of the barangay, and if possible including the use of traditional and nontraditional media, and make available for any person with legal purpose, all resolutions approved by the Sangguniang Kabataan, the annual and end-of-term reports of the programs and projects implemented by the Sangguniang Kabataan, the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program and the dissemination of the same to concerned offices, institutions and individuals; and
(d) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson may prescribe or direct.
SEC. 15. Sangguniang Kabataan Treasurer. – The Sangguniang Kabataan treasurer shall:
(a) Take custody of all Sangguniang Kabataan property and funds;
(b) Collect and receive contributions, monies, materials, and all other resources intended for the Sangguniang Kabataan and the Katipunan ng Kabataan;
(c) Serve as cosignatory in all withdrawals from the Sangguniang Kabataan funds and disburse funds in accordance with the approved annual budget and supplemental budget, as the case may be, of the Sangguniang Kabataan,
(d) Certify to the availability of the Sangguniang Kabataan funds whenever necessary;
(e) Submit to the Sangguniang Kabataan and to the Sangguniang Barangay certified and detailed statements of actual income and expenditures at the end of every quarter and the posting of the same in the barangay bulletin board and in at least three (3) conspicuous places within the jurisdiction of the barangay, and if possible including the use of traditional and nontraditional media;
(f) Render report during the regular Katipunan ng Kabataan assembly on the financial status of the Sangguniang Kabataan; and
(g) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson may prescribe or direct.
SEC. 16. Privileges of Sangguniang Kabataan Officials. – (a) All Sangguniang Kabataan officials in good standing, whether elected or appointed, shall, during their incumbency:
(1) Be exempt from payment of tuition and matriculation fees while enrolled in any public tertiary school including state colleges and universities and those locally funded public educational institutions within or nearest their area of jurisdiction. The National Government, through the DILG, shall reimburse said college or university the amount of the tuition and matriculation fees;
(2) Be exempt from taking the National Service Training Program-Civic Welfare Training Service (NSTP-CWTS) subjects. In lieu thereof, concerned Sangguniang Kabataan officials shall submit written reports, preferably with photographs, or other documentations of their participation in the implementation of programs, projects and activities as outlined in the Comprehensive Barangay Investment Program. Absence of such reports and documentations or a finding to the contrary upon verification of submitted reports, will disqualify the concerned Sangguniang Kabataan officials from this privilege. The Commission on Higher Education (CHED) and the Commission shall jointly promulgate the guidelines for the implementation of this provision;
(3) Be excused from attending their regular classes, if they are currently enrolled in any school, while attending then- regular or special Sangguniang Kabataan meetings, and the Sangguniang Barangay sessions, in case of the Sangguniang Kabataan chairperson. A certification of attendance shall be issued by the Sangguniang Kabataan secretary, attested by the Sangguniang Kabataan chairperson and duly noted by the Punong Barangay and shall be submitted to the concerned faculty member and the dean of the educational institution as proof of attendance. In the case of the Sangguniang Kabataan secretary, the Sangguniang Kabataan chairperson shall issue the certification duly noted by the Punong Barangay. In the case of the Sangguniang Kabataan chairperson, the barangay secretary shall issue the certification of attendance duly noted by the Punong Barangay. Any person who shall falsely certify as to the attendance of any Sangguniang Kabataan official shall be criminally and administratively liable;
(4) Be provided by the National Government with Philippine Health Insurance Corporation (Philhealth) coverage; and
(5) Be entitled to receive actual travelling reimbursements as may be authorized by law, and subject to the availability of funds: Provided, That, such travel is directly related to the performance of their functions as Sangguniang Kabataan officials and is supported by duly approved travel order by the Punong Barangay in the case of the Sangguniang Kabataan chairperson, or by the Sangguniang Kabataan chairperson in the case of the other Sangguniang Kabataan officials.
(6) The Sangguniang Kabataan chairperson shall have the same privileges enjoyed by other Sangguniang Barangay officials under this Act subject to such requirements and limitations provided herein.
SEC. 17. Persons in Authority – For purposes of the Revised Penal Code, the Sangguniang Kabataan chairperson and members in each barangay shall be deemed as persons in authority in their jurisdictions.
SEC. 18. Suspension and Removal from Office. – Any elected official of the Sangguniang Kabataan may, after due process, be suspended for not more than six (6) months or removed from office by majority vote of all members of the Sangguniang Bayan or Sangguniang Panlungsod which has jurisdiction in the barangay of the concerned Sangguniang Kabataan official which shall be final and executory, on any of the following grounds:
(a) Absence from the regular meeting of the Sangguniang Kabataan without valid cause for two (2) consecutive times or accumulated absences of four (4) within a period of twelve (12) months;
(b) Failure to convene the regular assembly of the Katipunan ng Kabataan for two (2) consecutive times;
(c) Failure to convene the regular Sangguniang Kabataan meetings for three (3) consecutive months in the case of the Sangguniang Kabataan chairperson;
(d) Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay Youth Investment Program, or approve the annual budget within the prescribed period of time without justifiable reason;
(e) Failure to implement programs and projects outlined in the Annual Barangay Youth Investment Program without justifiable reason;
(f) Four (4) consecutive absences during the regular Sangguniang Barangay sessions without valid cause in the case of the Sangguniang Kabataan chairperson;
(g) Conviction by final judgment of a crime involving moral turpitude; and violation of existing laws against graft and corruption and other civil service laws, rules and regulations; and
(h) Failure in the discharge of his or her duty or has committed abuse of authority.
SEC. 19. Succession and Filling up of Vacancies. – (a) In case a Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the Sangguniang Kabataan member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson for the unexpired portion of his or her term. In case said member refuses to assume the position or fails to qualify, the Sangguniang Kabataan member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term.
(b) After the vacancy shall have been filled, the Sangguniang Kabataan chairperson shall, within thirty (30) days, call for a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan member to complete the membership of said sanggunian: Provided, That, such special assembly is coordinated with the Office of the Local Government Operations Officer and the COMELEC of the municipality or city where the concerned barangay belongs Such Sangguniang Kabataan member shall hold office for the unexpired portion of the term of the vacant seat. For this purpose, any citizen of the Philippines residing in the said barangay for at least six (6) months who attains the age of fifteen (15) years old at the time of the special election and who registers as member of the Katipunan ng Kabataan before the Sangguniang Kabataan secretary shall be entitled to vote in the said special election.
(c) All other vacancies in the office of the Sangguniang Kabataan shall be filled in accordance with the immediately preceding provision.
(d) In case of suspension of the Sangguniang Kabataan chairperson, the successor, as determined in subsection (a) of this section, shall assume the position during the period of such suspension.
SEC. 20. Sangguniang Kabataan Funds. – The Sangguniang Kabataan funds shall be governed by the following provisions:
(a) All the income of the barangay derived from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in „ hank n refer ably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Act. Ten percent (10%) of the general fund of the barangay shall be set aside for the Sangguniang Kabataap. The Sangguniang Barangay shall appropriate the Sangguniang Kabataan funds in lump-sum which shall be disbursed solely for youth development and empowerment purposes;
(b) The Sangguniang Kabataan shall have financial independence in its operations, disbursements and encashment of their fund, income and expenditures. As such, the Sangguniang Kabataan funds shall be deposited in the name of the Sangguniang Kabataan of the concerned barangay in a government-owned bank situated in or nearest to its area of jurisdiction with the Sangguniang Kabataan chairperson and the Sangguniang Kabataan treasurer as the official signatories;
(c) All Sangguniang Kabataan funds shall be allocated in an annual budget, and if the funds allow, in a supplemental budget in accordance with the adopted Annual Barangay Investment Program. Both the Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program shall give priority to programs, projects and activities that will promote and ensure the equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, sports development, and capability building which emphasizes leadership training; and
(d) The Sangguniang Bayan or Sangguniang Panlungsod shall, within sixty (60) days upon receipt hereof, review the annual budget and supplements1 budget of the Sangguniang Kabataan on their compliance in the immediately preceding provision and other existing laws, rules and regulations. Noncompliance shall render said budgets inoperative either in whole or in part. Failure on the part of the sanggunian to complete the review within the prescribed period shall render the said annual budget deemed approved.
All Sangguniang Kabataan funds derived from any source shall be stated in its financial records which shall be kept by the Sangguniang Kabataan treasurer, copy furnished the sangguniang barangay, in simplified manner as may be prescribed by the Commission on Audit (COA). All Sangguniang Kabataan funds shall be subject to all existing accounting and auditing laws, rules and regulations.
SEC. 21. Pederasyon ng Sangguniang Kabataan. – (a) There shall be an organization of the Pederasyon ng mga Sangguniang Kabataan to be known as follows:
(1) In municipalities, Pambayang Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the municipality;
(2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the city; and
(3) In provinces, Panlalawigang Pederasyon ng mga Sangguniang Kabataan which shall be composed of the convenors of the Pambayan and Panlungsod na Pederasyon ng mga Sangguniang Kabataan.
(b) The Pederasyon ng njiga Sangguniang Kabataan shall, at all levels, elect from among themselves a president, a vice president, a1 treasurer, a secretary and such other officers as they may deem necessary. The concerned Local Government Operations Officer, in coordination with the election officer, shall facilitate the conduct of the elections which shall be held within fifteen (15) days from the Sangguniang Kabataan elections in case of the Pambayan and Panlungsod na Pederasyon, and within thirty (30) days in case of the Panlalawigang Pederasyon.
(c) The manner of election, suspension and removal of the officers of the Pederasyon at all levels and the term of office of the other officers of the Pederasyon shall be governed by the guidelines to be jointly issued by the DILG, the COMELEC and the Commission within sixty (60) days upon the effectivity of this Act.
SEC. 22. Membership in the Sanggunian and Local Special Bodies. – (a) The duly elected president of the Pederasyon ng Sangguniang Kabataan, at all levels, shall serve as ex officio member of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, respectively;
(b) He or she shall be the chairperson of the Committee on Youth and Sports Development in the said Sanggunian, and a regular member of the Committees on Education, Environment, Employment and Livelihood, Health and Anti-Drug Abuse, and Gender and Development,
(c) He or she shall serve as ex officio member of Local School Board, Local Council for the Protection of Children Local Development Council, Local Health Board Local Tourism Council and Local Peace and Order Council, and
(d) He or she shall convene the LYDC every three (3) months to conduct consultations with youth organizations.
THE LOCAL YOUTH DEVELOPMENT COUNCIL (LYDC)
SEC. 23. Creation. – To ensure wide and multi-sectoral youth participation in local governance, there shall be in every province, city and municipality a Local Youth Development Council (LYDC) “which shall be called, Provincial Youth Development Council, City Youth Development Council and Municipal Youth Development Council, respectively. The LYDC shall be composed of representatives of youth and youth-serving organizations in the provincial, city, and municipal level. The LYDC shall assist the planning and execution of projects and programs of the Sangguniang Kabataan, and the Pederasyons in all levels.
SEC. 24. Local Youth Development Council Funds. – The LYDC shall be funded by their respective Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan.
THE LOCAL YOUTH DEVELOPMENT OFFICE
SEC. 25. Creation. – There shall be in every province, city and municipality a Youth Development Office which shall be headed by a youth development officer with the rank of at least division chief. Such may be put under the Office of the Local Chief Executive, the Office of the Planning and Development, the Office of the Social Welfare, or in any other office deemed appropriate by the local government unit. If the funds of the local government unit are sufficient, it can be a separate department with divisions and units for policy and planning, administration and finance, and programs and operations. In the event when the local government unit has exceeded the prescribed personal services limitations, the local chief executive may designate existing personnel whom he or she deems fit to serve this purpose until such time that the local government unit can already create this office.
SEC. 26. Funding. – The local government unit shall incorporate in its annual budget such amount as may be necessary for the operation and effective functioning of the Local Youth Development Office.
CAPABILITY-BUILDING AND ORIENTATION TOWARDS
NATION-BUILDING AND EMPOWERMENT
SEC. 28. Components of the Mandatory Training Programs. – The Commission and the DILG with the assistance of the Development Academy of the Philippines (DAP), the Local Government Academy (LGA), the University of the’ Philippines-National College of Public Administration and Governance (UP-NCPAG), and in consultation with youth stakeholders shall jointly design and implement the mandatory and continuing training programs. The mandatory training programs1 must include among others, the following components: (a)(1) The Philippine .cultural history, political systems ethics and ideologies; (2) The Filipino as a nation builder (3) The Filipino youth and its role in nation-building; and (b) capability building on leadership, program and project development and sustainability, financial management, and accountability and transparency.
SEC. 29. Training Fund – A training fund with an initial amount of fifty million pesos (P50,000,000.00) is hereby established and appropriated from any available source to be managed by the Commission. Thereafter, such amount needed for this purpose shall be included in the Annual General Appropriations Act.
LINGGO NG KABATAAN
SEC. 30. Observance of Linggo ng Kabataan. –
(a) Every barangay, municipality, city and province shall conduct an annual activity to be known as the Linggo ng Kabataan on the week where the 12th of August falls to coincide with the International Youth Day. The Sangguniang Kabataan, in the case of barangay, and the respective LYDC in cooperation with the Pederasyon ng mga Sangguniang Kabataan, in the case of municipality, city and province, shall take the lead in this observance.
(b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all local elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in the territorial jurisdiction of the local government unit, among in-school and community youth residing in the local government concerned from ages thirteen (13) to seventeen (17). During said week, they shall hold office as boy and girl officials and shall perform such duties and conduct such activities as may be provided in the ordinance enacted pursuant to this Chapter.
REGISTRATION, ELECTION AND
ASSUMPTION OF OFFICE
SEC. 32. Date of Election. – The Sangguniang Kabataan elections shall be synchronized with the barangay elections and subsequently every three (3) years thereafter.
FINAL PROVISIONS
SEC. 33. Appropriations. – The amount necessary to implement the provisions of this Act shall be included in the Annual General Appropriations Act.
SEC. 34. Implementing Rules and Regulations (IRR). – The Commission, the DILG, the COMELEC, the Department of Budget and Management, the CHED, the Department of Education, and the COA, in consultation with the local government leagues, and various youth organizations and youth-serving organizations shall be tasked to come up, within sixty (60) days upon approval of this Act, with the IRR needed for the implementation of this Act.
SEC. 35. Separability Clause. – If, for any reason or reasons, any part or provision of this Act shall be declared unconstitutional or invalid, other parts or provisions not affected thereby shall continue to be in full force and effect.
SEC. 36. Repealing Clause. – Sections 329, 423-439 of Republic Act No. 7160, also known as “The Local Government Code of 1991”; Section 10(O) of Republic Act No. 8044, otherwise known as “Youth In Nation-Building Act”; Sections 1 and 2 of Republic Act No. 9340, entitled “An Act Amending Republic Act No. 9164, Resetting the Baranagay and Sangguniang Kabataan Elections, and for Other Purposed”; all other laws, presidential decrees, executive orders letters of instruction, rules and regulations or portions thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 37. Effectivity Clause. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in any two (2) newspapers of general circulation.
Approved,
| (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives | (Sgd.) FRANKLIN M. DRILON President of the Senate |
This Act which is a consolidation of Senate Bill No. 2401 and House Bill No. 6043 was finally passed by the Senate and the House of Representatives on November 4, 2015 and November 11, 2015, respectively.
| (Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives | (Sgd.) OSCAR G. YABES Secretary of the Senate |
Approved: JAN 15 2016
President of the Philippines