Eighteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.
[ REPUBLIC ACT NO. 11768, May 06, 2022 ]
AN ACT STRENGTHENING THE SANGGUNIANG KABATAAN, INSTITUTIONALIZING ADDITIONAL REFORMS TO REVITALIZE YOUTH PARTICIPATION IN LOCAL GOVERNANCE AND BY PROVIDING HONORARIUM, OTHER BENEFITS, AND PRIVILEGES, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC ACT NO. 10742, OTHERWISE KNOWN AS THE "SANGGUNIANG KABATAAN REFORM ACT OF 2015"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 8 of Republic Act No. 10742, otherwise known as the "Sangguniang Kabataan Reform Act of 2015", is hereby amended to read as follows:
"Section 8. Powers and Functions of the Sangguniang Kabataam. - The Sangguniang Kabataan shall:
(a) In consultation and with the concurrence of the Katipunan ng Kabataan, and within three (3) months from their 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 Plan in every level, municipal, city and provincial as is relevant;
"x x x;
"(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, such as those issued by the Department of Budget and Management (DBM) and the Commission on Audit (COA);
"x x x"
"(j) Within sixty (60) days from their assumption to office, the Sangguniang Kabataan shall:
"(1) Formulate and approve its internal rules and procedures;
"(2) Appoint its secretary and treasurer; and
"(3) Set the schedule of regular Sanggunaing Kabataan meetings and Katipunan ng Kabataan assemblies; and
"(k) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or delegated by the Sangguninang Barangay or the Commission."
Section 2. Section 10 of the same Act is hereby amended to read as follows:
"Section 10. Qualifications. - An elected or appointed official of the Sangguniang Kabataan 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 regional, provincial, city, municipal, or barangay official, in the locality where the appointive or elective official seeks to be elected, and must not have been convicted by final judgment of any crime involving moral turpitude: Provided, That the Sangguniang Kabataan treasurer and secretary must be at least eighteen (18) years but not more than thirty (30) years of age on the day of the appointment: Provided, further, That the Sangguninang Kabataan chairperson shall appoint a treasurer with an educational or career background relating to business administration, accountancy, finance, economics, or bookkeeping: Provided, further, That only if no person meets the requirements can the Sangguniang Kabataan chairperson consider other suitable nominees: Provided, furthermore, That the appointed Sangguniang Kabataan treasurers shall undergo a mandatory bookkeeping training from, and be duly certified by, the Technical Education and Skills Development Authority (TESDA) before assumption to office: Provided, finally, That the appointed Sangguniang Kabataan treasurers shall be prioritized in the allocation of the appropriate TESDA scholarships."
Section 3. Section 15 of the same Act is hereby amended to read as follows:
"Section 15. Sangguniang Kabataan Treasurer. - The Sangguniang Kabataan treasurer, who shall be bonded officer, shall:
"x x x."
Section 4. Section 16 of the same Act is hereby amended to read as follows:
"Section 16. Privileges of Sangguniang Kabataan Officials. - (a) All Sangguniang Kabataan officials in good standing, whether elected or appointed, shall during their incumbency:
"(1) x x x;
"(2) Be exempt from taking any of the components of the National Service Training Program (NSTP);
"(3) Be excused from attending their regular classes, if they are currently enrolled in any school, while attending their regular or special Sangguniang Kabataan meetings, and the Sangguniang Kabataan sessions, in the 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 Barnagay and shall be submitted to the concerned 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 the Philippine Health Insurance (PhilHealth) coverage;
"x x x"
"(6) The Sangguniang Kabataan members, including the Sangguniang Kabataan treasurer and secretary, shall receive a monthly honorarium, chargeable against the Sangguniang Kabataan funds, in addition to any other compensation provided by this Act and shall be granted at the end of every regular monthly Sangguniang Kabataan meeting: Provided, That the monthly honorarium shall not exceed the monthly compensation received by their Sangguniang Kabataan chairperson: Provided, further, That not more than twenty-five percent (25%) of the Sangguniang Kabataan funds shall be allocated for personnel services. The DBM shall issue the necessary guidelines implementing this provision.
"The local government units may provide additional honorarium as well as social welfare contributions and hazard pay to the Sangguniang Kabataan chairperson and the elected and appointed members through their own local ordinances: Provided, That the honorarium as stated in this section shall be subject to the post-audit jurisdiction of the COA; and
"(7) Be entitled to the appropriate civil service eligibility based on the years of service to the barangay pursuant to the rules and regulations to be promulgated by the Civil Service Commission (CSC).
"(b) The Sangguniang Kabataan chairperson shall have the same privileges enjoyed by other Sangguniang Kabataan officials under this Act subject to such requirements and limitations provided herein."
Section 5. Section 19 of the same Act is hereby amended to read as follows:
"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 their term: Provided, That, if the reason for the vacancy does not fall under the conditions stated above, the mayor of the concerned barangay shall appoint an officer-in-charge (OIC) from a list of at least three (3) nominees as submitted by the Sangguniang Kabataan members: Provided, further, That the appointed OIC must meet the qualifications set under Section 10 of this Act.
"x x x."
Section 6. Section 20 of the same Act is hereby amended to read as follows:
"Section 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 a bank preferably 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 funds of the barangay shall be set aside for the Sangguniang Kabataan. The Sangguniang Kabataan funds in lump-sum which shall be disbursed for youth development and empowerment purposes;
"(b) x x x'
"(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 attain the thrusts of the PYDP such as health, education, environment, global mobility, active citizenship, governance, social equity and inclusion, peace-building and security, human rights, gender equality and economic empowerment, including:
"(1) Student stipends, food, book and transportation allowances, and other educational assistance programs that will reduce the incidence of out-of-school youth and drop-outs;
"(2) Sports and wellness projects to address physical and mental health, teenage pregnancy, substance abuse, and other health issues;
"(3) Skills training, summer employment, on-the-job training, and livelihood assistance;
"(4) Projects promoting the participation of the youth and their initiation in agricultural, fishery, and forestry enterprises;
"(5) Programs and activities that will locate the youth at the forefront of climate action, environmental protection and conservation efforts, and enlist their involvement in calamity preparedness, information dissemination and other disaster-related activities;
"(6) Capacity-building for grassroots organization and leadership, and values education; and
"(7) Programs and activities that address context-specific and intersectional vulnerabilities of young people;
"(d) x x x; and
"(e) The Sangguniang Kabataan may set aside an amount for the mandatory and continuing training of Sangguniang Kabataan to complement the training fund therein provided under Section 29 of the Sangguniang Kabataan Reform Act of 2015. The total amount appropriated for training shall not be more than fifteen percent (15%) of the Sangguniang Kabataan fund. The Sangguniang Kabtaan may also consult nongovernmental organizations (NGOs) and civil society organizations (CSOs) accredited by the National Youth Commission in the development of mandatory programs and trainings for its officials."
Section 7. Section 21 of the same Act is hereby amended to read as follows:
"Section 21. Pederasyon ng Sangguniang Kabataan. -
"(a) x x x.
"x x x.
"(d) Duties and Functions of the Pederasyon ng Sangguniang Kabataan. - The Pederasyon ng Sangguniang Kabataan and the Local Youth Development Council (LYDC) shall draft the Local Youth Development Plan (LYDP). The Pederasyon ng Sangguniang Kabataan and LYDC shall convene quarterly to ensure the implementation of the LYDP and alignment of Comprehensive Barangay Youth Development Program and Annual Barangay Youth Investment Program to the LYDP. The Pederasyon shall also cascade information and facilitate knowledge transfer to their respective localities.
"(e) The presidents of the Panlalawigang Pederasyon ng mga Sangguniang Kabataan and the presidents of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan of highly urbanized cities and independent component cities shall elect, among themselves, one (1) representative from Luzon, one (1) representative from Visayas, and one (1) representative from Mindanao to serve as members of the Advisory Council created under Section 14 of Republic Act No. 8044 or the "Youth in Nation-Building Act."
Section 8. Section 22 of the same Act is hereby amended to read as follows:
"Section 22. Membership in the Sanggunian and Local Special Bodies. - 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, and shall:
"(a) 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;
"(b) 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
"(c) convene the LYDC every three (3) months to conduct consultations with youth organizations."
Section 9. Insert a new Section 23 of Republic Act No. 10742 to read as follows, and renumber the succeeding sections accordingly:
"Section 23. Membership in the National Youth Commission. - The presidents of the Panlalawigang Pederasyon ng mga Sangguniang Kabataan and the presidents of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan of highly urbanized cities and independent component cities shall elect, among themselves, a representative who shall sit as an ex officio member of the National Youth Commission, consistent with Section 5 of Republic Act No. 8044, otherwise known as the "Youth in Nation-Building Act."
Section 10. SEC. 25 of the same Act is hereby amended to read as follows:
"SEC. 26. 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 locl government units are sufficient, it can be a separate department with division and units for policy and planning, administration and finance, and programs and operations. In the event when the local govenrment unit has exceeded the prescribed personal services limitations, the local chief executive may designate exiting personnel deemed fit to serve this purpose: Provided, That a local youth development officer shall be appointed within one (1) year from the effectivity of this Act."
Section 11. Section 26 of the same Act is hereby amended to read as follows:
"SEC. 27. Funding. - The local govenrment unit may appropriate nit less than one percent (1%) of its annual budget for the Local Development Office, which shall be used for the implementation of the LYDP, convening the meetings of the concerned Pederasyon ng mga Sangguniang Kabataan and LYDC, as well as its operations and effective functioning."
Section 12. Section 28 of the same Act is hereby amended to read as follows:
"SEC. 29. Components of the Mandatory Training Programs. - The Commission and the Department of the Interior and Local Government (DILG) with the assistance of the Development Academy of the Philippines (DAP), the Local Government Academy (LGA), the University of the Philippines-National Colleges 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 programs must include 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) capacity building on leadership, program and project development and sustainability, financial management, and accountability and transparency. The Commission and the DILG may also coordinate with the Department of Education (DepEd), Commission on Higher Education (CHED), and TESDA, for the offering of relevant courses that emphasize the role of education and skills development in nation-building and would further enhance the knowledge, network, and capacity of Sangguniang Kabataan officials and LYDC members to craft and implement relevant youth development plans."
Section 13. Funding and Appropriations. - The amounts necessary to carry out the implementation of this Act shall be charged against the Sangguniang Kabataan funds or as may be authorized by the local government units pursuant to Section 4 of this Act.
Section 14. Implementing Rules and Regulations. - The DILG, the DBM, the Commission on Elections, the National Youth Commission, and other concerned government agencies shall promulgate the necessary implementing rules and regulations within sixty (60) days upon the effectivity of this Act.
Section 15. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected thereby shall continue to be in full force and effect.ℒαwρhi৷
Section 16. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.
Approved,
(SGD.) LORD ALLAN JAY Q. VELASCO
Speaker of the House of Representatives |
(SGD.) VICENTE C. SOTTO III
President of the Senate |
This Act which is a consolidation of Senate Bill No. 2124 and House Bill No. 10698 was passed by the Senate of the Philippines and the House of Representatives on February 2, 2022.
(SGD.) MARK LLANDRO L. MENDOZA
Secretary General
House of Representatives |
(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate |
Approved: MAY 06 2022
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines
The Lawphil Project - Arellano Law Foundation
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