AN ACT ESTABLISHING REFORMS IN THE SANGGUNIANG KABATAAN CREATING ENABLING MECHANISMS FOR MEANINGFUL YOUTH PARTICIPATION IN NATION-BUILDING, AND FOR OTHER PURPOSES

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

REPUBLIC ACT No. 10742

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”.

SECTION 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.

SECTION 3. Definition of Terms. – For purposes of this Act, the following terms are hereby defined:

CHAPTER II
THE KATIPUNAN NG KABATAAN AND THE SANGGUNIANG KABATAAN

SECTION 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.

SECTION 5. Powers and Functions of the Katipunan ng Kabataan. – The Katipunan ng Kabatan shall:

SECTION 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.

SECTION 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.

SECTION 8. Powers and Functions of the Sangguniang Kabataan. – The Sangguniang Kabataan shall:

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 13. Powers and Functions of the Sangguniang Kabataan Chairperson. – The Sangguniang Kabataan chairperson shall exercise such powers and discharge such duties as follows:

SECTION 14. Sangguniang Kabataan Secretary. – The Sangguniang Kabataan secretary shall:

SECTION 15. Sangguniang Kabataan Treasurer. – The Sangguniang Kabataan treasurer shall:

SECTION 16. Privileges of Sangguniang Kabataan Officials. – (a) All Sangguniang Kabataan officials in good standing, whether elected or appointed, shall, during their incumbency:

SECTION 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.

SECTION 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:

SECTION 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.

SECTION 20. Sangguniang Kabataan Funds. – The Sangguniang Kabataan funds shall be governed by the following provisions:

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.

SECTION 21. Pederasyon ng Sangguniang Kabataan. – (a) There shall be an organization of the Pederasyon ng mga Sangguniang Kabataan to be known as follows:

SECTION 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;

CHAPTER III
THE LOCAL YOUTH DEVELOPMENT COUNCIL (LYDC)

SECTION 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.

SECTION 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

SECTION 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.

SECTION 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

SECTION 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.

SECTION 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.

SECTION 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

SECTION 30. Observance of Linggo ng Kabataan. –

CHAPTER VII
REGISTRATION, ELECTION AND ASSUMPTION OF OFFICE

SECTION 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.

SECTION 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

SECTION 33. Appropriations. – The amount necessary to implement the provisions of this Act shall be included in the Annual General Appropriations Act.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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