Republic of the Philippines (e) Youth Affairs Provincial Officer shall refer to the
Congress of the Philippines person duly appointed or designated by the
Metro Manila
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.
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;
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 o^her 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 supplements 1
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 (60) days upon approval of this Act, with the IRR
be included in the Annual General Appropriations Act. needed for the implementation of this Act.

CHAPTER VI SEC. 35. Separability Clause. If, for any reason or

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
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: JAN 15 2016
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

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
Begun and held in Metro Manila, on Monday, the
twenty-third day of July, two thousand twelve.
[REPUBLIC ACT NO. 10368]
AN ACT PROVIDING FOR REPARATION AND
RECOGNITION OF VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME,
DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Short Title. This Act shall be known as
the Human Rights Victims Reparation and Recognition
Act of 2013.
SEC. 2. Declaration of Policy. Section 11 of Article II
of the 1987 Constitution of the Republic of the
Philippines declares that the State values the dignity of
every human, person and guarantees full respect for
human rights. Pursuant to this declared policy, Section
12 of Article III of the Constitution prohibits the use of
torture, force, violence, threat, intimidation, or any
other means which vitiate the free will and mandates
the compensation and rehabilitation of victims of
torture or similar practices and their families.
By virtue of Section 2 of Article II of the Constitution
adopting generally accepted principles of international
law as part of the law of the land, the Philippines
adheres to international human rights laws and
conventions, the Universal Declaration of Human
Rights, including the International Covenant on Civil
and Political Rights (ICCPR) and the Convention Against
Torture (CAT) and Other Cruel, Inhuman or Degrading
Treatment or Punishment which imposes on each State
party the obligation to enact domestic legislation to
give effect to the rights recognized therein and to
ensure that any person whose rights or freedoms have
been violated shall have an effective remedy, even if
the violation is committed by persons acting in an
official capacity. In fact, the right to a remedy is itself
guaranteed under existing human rights treaties and/or
customary international law, being peremptory in
character (jus cogens) and as such has been
recognized as non-derogable.
Consistent with the foregoing, it is hereby declared the
policy of the State to recognize the heroism and
sacrifices of all Filipinos who were victims of summary
execution, torture, enforced or involuntary
disappearance and other gross human rights violations
committed during the regime of former President
Ferdinand E. Marcos covering the period from
September 21, 1972 to February 25, 1986 and restore
the victims honor and dignity. The State hereby
acknowledges its moral and legal obligation to
recognize and/or provide reparation to said victims
and/or their families for the deaths, injuries, sufferings,
deprivations and damages they suffered under the
Marcos regime.
Similarly, it is the obligation of the State to
acknowledge the sufferings and damages inflicted
upon persons whose properties or businesses were
forcibly taken over, sequestered or used, or those
whose professions were damaged and/or impaired, or
those whose freedom of movement was restricted,
and/or such other victims of the violations of the Bill of
Rights.
SEC. 3. Definition of Terms. The following terms as
used in this Act shall mean:
(a) Detention refers to the act of taking a person into
custody against his will by persons acting in an official
capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission
committed during the period from September 21, 1972
to February 25, 1986 by persons acting in an official
capacity and/or agents of the State, but shall not be
limited to the following:
(1) Any search, arrest and/or detention without a valid
search warrant or warrant of arrest issued by a civilian
court of law, including any warrantless arrest or
detention carried out pursuant to the declaration of
Martial Law by former President Ferdinand E. Marcos as
well as any arrest., detention or deprivation of liberty
carried out during the covered period on the basis of
an Arrest, Search and Seizure Order (ASSO), a
Presidential Commitment Order {PCO) or a
Preventive Detention Action (PDA) and such other
similar executive issuances as defined by decrees of
former President Ferdinand E. Marcos, or in any manner
that the arrest, detention or deprivation, of liberty was
effected;
(2) The infliction by a person acting in an official
capacity and/or an agent of the State of physical injury,
torture, killing, or violation of other human rights, of
any person exercising civil or political rights, including
but not limited to the freedom of speech, assembly or
organization; and/or the right to petition the
government for redress of grievances, even if such
violation took place during or in the course of what the
authorities at the time deemed an illegal assembly or
demonstration: Provided, That torture in any form or
under any circumstance shall be considered a human
rights violation;
(3) Any enforced or involuntary disappearance caused
upon a person who was arrested, detained or abducted
against ones will or otherwise deprived of ones
liberty, as defined in Republic Act No. 10350 {{1}},
otherwise known as the Anti-Enforced or Involuntary
Disappearance Act of 2012;
(4) Any force or intimidation causing the involuntary
exile of a person from the Philippines;
(5) Any act of force, intimidation or deceit causing
unjust or illegal takeover of a business, confiscation of
property, detention of owner/s and or their families,
deprivation of livelihood of a person by agents of the
State, including those caused by Ferdinand E. Marcos,
his spouse Imelda R. Marcos, their immediate relatives
by consanguinity or affinity, as well as those persons
considered as among their close relatives, associates,
cronies and subordinates under Executive Order No. 1,
issued on February 28, 1986 by then President Corazon
C. Aquino in the exercise of her legislative powers
under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or
conducting the following:
(i) Kidnapping or otherwise exploiting children of
persons suspected of committing acts against the
Marcos regime;
(ii) Committing sexual offenses against human rights
victims who are detained and/or in the course of
conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous
to the above, including those recognized by
international law.
(c) Human Rights Violations Victim (HRVV) refers to a
person whose human rights were violated by persons
acting in an official capacity and/or agents of the State
as defined herein. In order to qualify for reparation
under this Act, the human rights violation must have
been committed during the period from September 21,
1972 to February 25, 1986: Provided, however, That
victims of human rights violations that were committed
one (1) month before September 21, 1972 and one (1)
month after February 25, 1986 shall be entitled to
reparation, under this Act if they can establish that the
violation was committed:
(1) By agents of the State and/or persons acting in an
official capacity as defined hereunder;
(2) For the purpose of preserving, maintaining,
supporting or promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or
the effects of Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents
of the State.The following persons shall be deemed
persons acting in an official capacity and/or agents of
the State under this Act:
(1) Any member of the former Philippine Constabulary
(PC), the former Integrated National Police (INP), the
Armed Forces of the Philippines (AFP) and the Civilian
Home Defense Force (CHDF) from September 21, 1972
to February 25, 1986 as well as any civilian agent
attached thereto; and any member of a paramilitary
group even if one is not organically part of the PC, the
INP, the AFP or the CHDF so long as it is shown that the
group was organized, funded, supplied with equipment,
facilities and/or resources, and/or indoctrinated,
controlled and/or supervised by any person acting in an
official capacity and/or agent of the State as herein
defined;
(2) Any member of the civil service, including persons
who held elective or appointive public office at any
time from September 21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive
Order No. 1, creating the Presidential Commission on
Good Government (PCGG), issued on February 28,
1986 and related laws by then President Corazon C.
Aquino in the exercise of her legislative powers under
the Freedom Constitution, including former President
Ferdinand E. Marcos, spouse Imelda R. Marcos, their
immediate relatives by consanguinity or affinity, as
well as their close relatives, associates, cronies and
subordinates; and
(4) Any person or group/s of persons acting with the
authorization, support or acquiescence of the State
during the Marcos regime.
(e) Torture refers to any act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on any person under the custody of persons
acting in an official capacity and/or agents of the State,
as defined by law, jurisprudence, international
conventions and Republic Act No. 9745, otherwise
known as the Anti-Torture Act of 2009.
SEC 4. Entitlement to Monetary Reparation.
Any HRVV qualified under this Act shall receive
reparation from the State, free of tax, as herein
prescribed: Provided, That for a deceased or
involuntary disappeared HRVV, the legal heirs as
provided for in the Civil Code of the Philippines, or such
other person named by the executor or administrator
of the deceased or involuntary disappeared HRVVs
estate in that order, shall be entitled to receive such
reparation: Provided, further, That no special power of
attorney shall be recognized in the actual
disbursement of the award, and only the victim or the
aforestated successor(s)-in-interest shall be entitled to
personally receive said reparation form the Board,
unless the victim involved is shown to be incapacitated
to the satisfaction of the Board: Provided, furthermore,
That the reparation received under this Act shall be
without prejudice to the receipt of any other sum by
the HRVV from any other person or entity in any case
involving violations of human rights as defined in this
Act.
SEC. 5. Nonmonetary Reparation. The Department of
Health (DOH), the Department of Social Welfare and
Development (DSWD), the Department of Education
(DepED), the Commission on Higher Education (CHED),
the Technical Education and Skills Development
Authority (TESDA), and such other government
agencies shall render the necessary services as
nonmonetary reparation for HRVVs and/or their
families, as may be determined by the Board pursuant
to the provisions of this Act. The amount necessary for
this purpose shall be sourced from the budget of the
agency concerned in the annual General
Appropriations Act (GAA).
SEC. 6. Amount of Reparation. The amount of
reparation under this Act shall be in proportion to the
gravity of the human rights violation committed on the
HRVV and in accordance with the number of points
assigned to the individual under Section 19 hereof.
SEC. 7. Source of Reparation. The amount of Ten
billion pesos (P10,000,000,000.00) plus accrued
interest which form part of the funds transferred to the
government of the Republic of the Philippines by virtue
of the December 10, 1997 Order of the Swiss Federal
Supreme Court, adjudged by the Supreme Court of the
Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as
Marcos ill-gotten wealth and forfeited in favor of the
Republic of the Philippines, shall be the principal source
funds for the implementation of this Act.
CHAPTER II
THE HUMAN RIGHTS VICTIMS CLAIMS BOARD
SEC. 8. Creation and Composition of the Human Rights
Victims Claims Board. There is hereby created an
independent and quasi-judicial body to be known as
the Human Rights Victims Claims Board, hereinafter
referred to as the Board. It shall be composed of nine
(9) members, who shall possess the following
qualifications:
(a) Must be of known probity, competence and
integrity;
(b) Must have a deep and thorough understanding and
knowledge of human rights and involvement in efforts
against human rights violations committed during the
regime of former President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the
Philippine Bar who have been engaged in the practice
of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and
commitment to human rights protection, promotion
and advocacy.
The Human Rights Victims Claims Board shall be
attached to but shall not be under the Commission on
Human Rights (CHR).
The Board shall organize itself within thirty (30) days
from the completion of appointment of all nine (9)
members and shall thereafter organize its Secretariat.
SEC. 9. Appointment to the Board. The President
shall appoint the Chairperson and the other eight (8)
members of the Board: Provided, That human rights
organizations such as, but not limited to, the Task Force
Detainees of the Philippines (TFDP), the Free Legal
Assistance Group (FLAG), the Movement of Attorneys
for Brotherhood, Integrity and Nationalism (MABINI),
the Families of Victims of Involuntary Disappearance
(FIND) and the Samahan ng mga Ex-Detainees Laban
sa Detensyon at Aresto (SELDA) may submit
nominations to the President.
SEC. 10. Powers and Functions of the Board. The
Board shall have the following powers and functions:
(a) Receive, evaluate, process and investigate
applications for claims under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s
duces tecum;
(c) Conduct independent administrative proceedings
and resolve disputes over claims;
(d) Approve with finality all eligible claims under this
Act;
(e) Deputize appropriate government agencies to assist
it in order to effectively perform its functions;
(f) Promulgate such rules as may be necessary to carry
out the purposes of this Act, including rules of
procedure in the conduct of its proceedings, with the
Revised Rules of Court of the Philippines having
suppletory application;
(g) Exercise administrative control and supervision
over its Secretariat;
(h) The Board, at its discretion, may consult the human
rights organizations mentioned in Section 9 herein; and
(i) Perform such other duties, functions and
responsibilities as may be necessary to effectively
attain the objectives of this Act.
SEC. 11. Resolution, of Claims. The Board shall be
composed of three (3) divisions which shall function
simultaneously and independently of each other in the
resolution of claims for reparation. Each division shall
be composed of one (1) Chairperson, who shall be a
member of the Philippine Bar and two (2) members to
be appointed by the Board en banc.
SEC. 12. Emoluments. The Chairperson and
members of the Board shall have the rank, salary,
emoluments and allowances equivalent to s Presiding
Justice and Associate Justice of the Court of Appeals,
respectively.
SEC. 13. Secretariat of the Board. The Board shall be
assisted by a Secretariat which may come from the
existing personnel of the CHR, without prejudice to the
hiring of additional personnel as determined by the
Board to accommodate the volume of required work.
The following shall be the functions of the Secretariat:
(a) Receive, evaluate, process and investigate
applications for claims under this Act;
(b) Recommend to the Board the approval of
applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the
Board.
The Chairperson of the Board shall appoint a Board
Secretary who shall head the Secretariat for the
duration of the existence of the Board. There shall be a
Technical Staff Head assisted by five (5) Legal Officers
and three (3) Paralegal Officers; and an Administrative
Staff Head assisted by three (3) Administrative Support
Staff.
When necessary, the Board may hire additional
contractual employees or contract a service provider to
provide services of counselors, psychologists, social
workers and public education specialists, among
others, to augment the services of the Secretariat:
Provided, That the maximum contract amount per year
shall not exceed more than fifteen percent (15%) of the
total annual operating budget of the Board.
SEC. 14. Operating Budget of the Board. The
operating budget of the Board shall be funded from the
Ten billion peso {P10,000,000,000.00) fund, with Ten
million pesos (P10,000,000.00) as its initial operating
budget: Provided, That it shall not exceed Fifty million
pesos (P50,000,000.00) a year
SEC. 15. Proper Disposition of Funds. The Board shall
ensure that funds appropriated or those which may
become available as reparation for HRVVs are properly
disbursed in accordance with the policies stated by
Congress and relevant government rules, regulations
and accounting procedures.
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION
SEC. 16. Claimants. Any person who is an HRVV may
file a claim with the Board for reparation and/or
recognition in accordance with the provisions of this
Act.
Sec. 17. Conclusive Presumption That One is an HRVV
Under This Act. The claimants in the class suit and
direct action plaintiffs in the Human Rights Litigation
Against the Estate of Ferdinand E. Marcos (MDL No.
840, CA No. 88-0390) in the US Federal District Court of
Honolulu, Hawaii wherein a favorable judgment has
been rendered, shall be extended the conclusive
presumption that they are HRVVs: Provided, That the
HRVVs recognized by the Bantayog Ng Mga Bayani
Foundation shall also be accorded the same conclusive
presumption: Provided, further, That nothing herein
shall be construed to deprive the Board of its original
jurisdiction and its inherent power to determine the
extent of the human rights violations and the
corresponding reparation and/or recognition that may
be granted.
SEC. 18. Motu Proprio Recognition. The Board may
take judicial notice motu proprio of individual persons
who suffered human rights violations as defined herein
and grant such persons recognition as HRVVs and
included in the Roll of Victims as provided for in Section
26 hereof.
SEC. 19. Determination of Award. (a) The Board shall
follow the point system in the determination of the
award. The range shall be one (1) to ten (10) points, as
follows:
(1) Victims who died or who disappeared and are still
missing shall be given ten (10) points;
(2) Victims who were tortured and/or raped or sexually
abused shall he given six (6) to nine (9) points:
(3) Victims who were detained shall be given three (3)
to five (5) points; and
(4) Victims whose rights were violated under Section 3,
paragraph (b), nos. (4), (5) and (6) under this Act shall
be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion
in the determination of points for each victim, which
shall be based on the type of violation committed
against the HRVV, frequently and duration of the
violation. In each category, HRVVs who had suffered
more would receive more points. In instances where a
victim is classified in more than one category, one shall
be awarded the points in the higher category:
Provided, That in cases where there are several eligible
claims filed for reparation by or on behalf of a
particular HRVV, the Board shall award only one (1)
valid claim which corresponds to the category
obtaining the highest number of points for each eligible
claimant.
(b) The Board shall proceed to determine the award for
each claimant classified under Sections 16, 17 and 18
of this Act.
(c) The Board shall then compute the final monetary
value of ones award that is equivalent to the
numerical value of one point multiplied by the number
of points that a claimant is entitled to, as previously
determined by the Board.
(d) Within thirty (30) days after the Board has
approved with finality each eligible claim pending
before it and after due publication of such legitimate
claim, the award of monetary compensation shall take
effect: Provided., That any pending appeal filed by an
aggrieved claimant or opposite before the Board en
banc must resolved by it sixty (60) days before the
Board becomes functus officio.
CHAPTER IV
GENERAL- PROVISIONS
SEC. 20. Transfer of Funds. Pursuant to the judgment
mentioned in Section 7 hereof, the amount of Ten
billion pesos (P10,000,000,000.00) plus the accrued
interest are hereby set aside and appropriated to fund
the purposes of this Act.
SEC. 21. Documentation of Human Rights Violations
Committed by the Marcos Regime. In the
implementation of this Act and without prejudice to any
other documentary or other evidence that may be
required for the award of any reparation, any HRVV
seeking reparation shall execute a detailed sworn
statement narrating the circumstances of the pertinent
human rights violation/s committed.
SEC. 22. Publication. Consistent with Section 23
herein, the Board, after having been duly convened,
shall set the period for the commencement and
termination of applications by HRVVs and cause the
publication of the same: Provided, That such period
shall only become operative fifteen (15) days after its
last publication, which shall be once a week for three
(3) consecutive weeks in at least two (2) national
newspapers of general circulation.
SEC. 23. Period for Filing of Claims; Waiver. An HRVV
shall file an application for reparation with the Board
within six (6) months from the effectivity of the
implementing rules and regulations (IRR) of this Act:
Provided, That failure to file an application within said
period is deemed a waiver of the right to file the same:
Provided, further, That for HRVVs who are deceased,
incapacitated, or missing due to enforced
disappearance, their legal heir/s or representatives,
shall be entitled to file an application for reparation on
their behalf.
Any opposition to the new application/s pursuant to
Section 16 hereof shall only be entertained if such is
filed within fifteen (15) days from the date of the last
publication of the official list of eligible claimants as
may be determined by the Board. The Board shall
cause the publication of the official list of eligible
claimants once a week for three (3) consecutive weeks
in at least two (2) national newspapers of general
circulation.
SEC. 24 Appeal. Any aggrieved claimant or oppositor
may file an appeal within ten (10) calendar days from
the receipt of the Resolution of the Division, to the
Board en banc, whose decision shall then become final
and executory.
SEC 25. Penalties; Applicability of the Revised Penal
Code. Any claimant who is found by the Board, after
due hearing, to have filed a fraudulent claim, shall be
referred to the appropriate office for prosecution. If
convicted, he shall suffer the imprisonment of eight (8)
to ten (10) years, shall be disqualified from public
office and employment and shall be deprived of the
right to vote and be voted for in any national or local
election, even after the service of sentence unless
granted absolute pardon.
Any member of the Board and its Secretariat, public
officer, employee of an agency or any private
individual mandated to implement this Act, who shall
misuse, embezzle or misappropriate the funds for the
reparation of HRVVs or who shall commit fraud in the
processing of documents and claims of HRVVs, or shall
conspire with any individual to commit the same, shall
also be prosecuted,
Any member of the Board and its Secretariat, public
officer, employee of an agency or any private
individual mandated to implement this Act, who may
have been found guilty of committing any or all of the
prohibited acts stated in the preceding paragraph, or
those acts punishable under the Revised Penal Code,
shall be penalized under the pertinent provisions in the
Code and relevant special penal laws.
SEC. 26. Roll of Victims. Persons who are HRVVs,
regardless of whether they opt to seek reparation or
not, shall be given recognition by enshrining their
names in a Roll of Human Rights Victims to be
prepared by the Board.
A Memorial/Museum/Library shall be established in
honor and in memory of the victims of human rights
violations whose names shall be inscribed in the Roll. A
compendium of their sacrifices shall be prepared and
may be readily viewed and accessed in the internet.
The Memorial/Museum/Library/Compendium shall have
an appropriation of at least Five hundred million pesos
(P500,000,000.00) from the accrued interest of the Ten
billion peso (P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies
as maybe designated by the HRVV Memorial
Commission as created hereunder.
SEC. 27. Human, Rights Violations Victims Memorial
Commission.. There is hereby created a Commission
to be known as the Human Rights Violations Victims
Memorial Commission, hereinafter referred to as the
Commission, primarily for the establishment,
restoration, preservation and conservation of the
Memorial/Museum/Library/Compendium in honor of the
HRVVs during the Marcos regime.
The powers and functions of the Commission shall be
assumed by the Board of Trustees which shall be
composed of the following; Chairperson of the CHR as
Chairperson; Chairperson of the National Historical
Commission as Co-Chairperson; and Chairpersons of
the CHED, the National Commission on Culture and the
Arts (NCCA), the Secretary of the Department of
Education and the Head of the University of the
Philippines Diliman Main Library, as members.
The Board of Trustees shall have the authority to hire
and appoint its officials and employees, receive
donations and grants for and on its behalf, and
generate revenues for the benefit of the Commission.
after its publication in two (2) national newspapers of
general circulation.
SEC. 29. Work Period; Sunset Clause. The Board
shall complete its work within two (2) years from the
effectivity of the IRR promulgated by it. After such
period, it shall become functus officio.
SEC. 30. Separability Clause. If, for any reason, any
section or provision of this Act is declared
unconstitutional or invalid, such other sections or
provisions not affected thereby shall remain in full
force and effect.
SEC. 31. Repealing Clause. All laws, decrees,
executive orders, rules and regulations or parts thereof
inconsistent with any of the provisions of this Act,
including Section 63(b) of Republic Act No. 6657, as
amended, otherwise known as the Comprehensive
Agrarian Reform Law of 1988 and Section 40(a) of
Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, are hereby repealed,
amended or modified accordingly.

The Commission shall be attached to the CHR solely for SEC. 32. Effectivity Clause. This Act shall take effect
budgetary and administrative purposes. The operating fifteen (15) days after its complete publication in the
budget of the Commission shall be appropriated from Official Gazette or in at least two (2) national
the General Appropriations Act. newspapers of general circulation.

The Commission shall also coordinate and collaborate Approved: FEB 25 2013
with the DepED and the CHED to ensure that the
teaching of Martial Law atrocities, the lives and
sacrifices of HRVVs in our history are included in the
basic, secondary and tertiary education curricula.

CHAPTER V

FINAL PROVISIONS

SEC 28. Guidelines for the Implementing Rules and

Regulations (1RR). In implementing this Act and in
formulating the corresponding rules and regulations,
and to ensure that all applications are properly
screened for fraudulent claims, the Board must provide
for:

(a) Transparency in the processing of the claims;

(b) A procedure that allows any concerned party to

oppose an application or claim on the ground that it is
fraudulent, fictitious or spurious and gives that party
the opportunity to question the same and to present
evidence in support thereof; and

(c) A procedure that is speedy and expeditious without

sacrificing any of the parties fundamental rights.

Within fifteen (15) days from the date of its

organization, the Board shall promulgate the necessary
IRR and procedures for the effective implementation of
this Act. The IRR shall be effective fifteen (15) days
 Republic of the Philippines
Congress of the Philippines
Metro Manila
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.
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 o^her 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 supplements 1
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: JAN 15 2016