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We cannot always build the future for our youth, but we can

build our youth for the future.


- Franklin D. Roosevelt

INTRODUCTION
“The State shall recognize the vital role of the youth
in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-
being. It shall inculcate in the youth patriotism and
nationalism; and encourage their involvement in the
public and civic affairs.”
-Sec. 13, Article II, 1987 Philippine
Constitution

The state recognizes the role of the youth in nation- building. As


enshrined in Section 13 of the 1987 Philippine Constitution, the
state has recognized that the youth has a vital role in national
development, allowing them to reach their full potential and giving
them participation in vital governmental processes, decision-making
and legislations involving the promotion of the welfare of the young
people.

This recognition of the pivotal role of the youth leads to the creation
of the Sangguniang Kabataan to serve as a training ground for
future youth leaders by enhancing their involvement with
governance.

The Local Government Code of the Philippines (Republic Act 7160)


incorporated in its provisions the creation of Sangguniang Kabataan
(SK) and was passed in 1991. Under RA 7160, the main thrust of
the SK is to promulgate resolutions and legislations necessary to
carry out the objectives of the youth in the barangay; to initiate
programs designed to enhance the social, political, economic,
cultural, spiritual and physical development of the youth.

With the passage of RA 7160, the Sangguniang Kabataan was


institutionalized as a youth governance mechanism with its own
budget and a national agency empowered to promulgate resolutions
and initiate programs for their constituents. The SK becomes the
governing body in which Filipino youth aged 15-17 years old in a
barangay can vote and be voted for. The SK has been an avenue for
youth participation in governance in the Philippines.

For more than a decade, the SK has flourish as a significant scion


of government holding important and worthwhile activities for the
development of their youth constituents. However, in recent years,
the SK has been plagued with a series of complaints and criticism
as to its relevance, effectiveness, lack of program and direction,
nepotism and corruption.

In 2007, the Department of Interior and Local Government and the


UNICEF collaborated on the entitled: The Impact of Youth
Participation in the Local Government Process: The Sangguniang
Kabataan Experience” stated that “The SK’s performance for the
past ten years has generally been weak. This is especially true in
terms of corruption, coming up with legislations, promoting the
development of young people, submitting reports and holding
consultations with their constituents.”

Clamor for its abolition has surfaced after series of negative


perceptions on the Sangguniang Kabataan were lodged. There has
been a decline in the trust and confidence reposed in the youth
governing the SK as the people and the constituents in general
failed to see the e3ffectiveness of SK in advancing the interest of the
youth and their failure deliver a service –oriented body. As
observed, the recurring projects of SK were limited only to sports
such as basketball and pageantry. Allegations of corruption and
nepotism also permeates the SK system, thus, the call for abolition
of the body had risen to a bothersome level.

Those calling for the abolition of SK raised the following arguments:


the potentials for leadership are not being maximized resulting to
projects that are only limited to sports, pageantry, and
environmental protection; the ideas and well-being of the youth
were not being advanced by the SK; and the SK has been a breeding
ground for political dynasty, nepotism and corruption as SK leaders
were notably the sons of the barangay captain and other officials.
These issues were the reason why Republic Act 10632 was enacted
to suspend the SK election for 2013. The suspension was issued
after strong calls for reforms were advocated.

After a three year suspension of youth councils and extensive


debate in Congress, on January 15, 2016, Pres. Benigno S. Aquino
has signed into law Republic Act 10742, also known as the
Sangguniang Kabataan Reforms Act. This law seeks to address the
issues that plagued the SK and sought to implement various
reforms in the SK as the governing youth arm of the government. It
also reinstates the councils through elections that were supposed to
happen in October 2016. However, when Rodrigo Duterte was
elected president on June 30, 2016, he postponed the elections yet
again until October 2017.

RA 10742 instituted reforms that offers solutions to the myriad


problems that plagued the Sangguniang Kabataan. Notable among
these is the incorporation of an anti-political dynasty provision.
This means that relatives of elected or appointed officials up to the
2nd level of consanguinity is barred from pursuing a post in the SK.
This is a novel law in a country such as ours that breathes political
dynasties both in local and national level election.

RA 10742 also raised the age requirement from 15 to 17 years old


to 18-24 years old. This reform in the SK is significant for it allows
the youth officials to legally enter contracts and they will have an
increased accountability.

The law likewise incorporated the requirements of undergoing a


leadership training to fully equip all youth officials of the SK. These
institutionalized best practices among youth leaders for them to be
able to have good governance practices and fiscal transparency.

The law also provides for the creation of Local Youth Development
Council (LYDC) which will directly supervise and ensure the
participation of different youth organization in the community. This
will ensure that the SK will continue to advance participatory
democracy instead of the youth relying on the clout of their families
or local politicians to be a youth official in the SK.

Finally, the law also provides that the barangay will allocate 10% of
their general funds to the SK secured via deposit at the government
–owned bank specifically for the SK. This budget will be used and
disbursed only for SK-funded projects.

While these provisions seeks to fill in the structural and systemic


gap in the SK provisions under the Local Government Code and
barely three years into its implementation the Youth Council
Reform Act (RA 10742), a few politicians from Congress already
filed bills pushing for the abolition of the SK. Notable among them
is the new bill filed by Sen. Angara seeking amendments to RA
10742 to further strengthen the SK system and encourage more
individuals to join this local youth institution. 1

Background of the Study

Children are the future and the future belong to the youth or even
calls to give youth a voice are common phrases in popular
discourse. Media outlets, political leaders and children’s advocates

1
https://www.senate.gov.ph/press_release/2019/0817_angara1.asp last accessed Jan. 28, 2020
often encourage the public to view youth as investments in
tomorrow—a time when the young will take the adults place in
working, supporting families and serving their communities. This
traditional perspective fails to take into account that in many
countries, the youth are very much active players in the public
sector and having a voice in their communities. A public
recognition of young people as key players in the social process has
been strengthened through the United Nations’ Convention on the
Rights of a Child (1989). This most widely ratified international
agreement affirms the right of participation for all people up to 18
2
years of age.

As early as the 1970’s the Philippines has already pioneered the


youth and children’s participation in local governance. With the
passage of Presidential Decree 603, the Child and Youth Welfare
Act, this recognition that the youth is a vital partner in building the
nation. The novel idea of letting the children 15-17 years of age to
lead and participate in governmental processes is a pioneering act
spearheaded by the Philippines long before the country has become
a signatory to UN Convention on the Rights of the Child.

Recognizing the role of the youth in building the nation, on April 15,
1975, Presidential Decree 684 was enacted creating the Kabataang
Barangay (KB). The law provided for the organization of KB units in
the 42,000 barangays all over the country with the purpose of
giving the youth a definite role in community affairs and "ample
opportunities to express their views that a complete cross-section of
the will of the populace could be determined, thereby providing
them a more democratic and popular basis for the legislation
and/or other governmental operations. The Kabataang Barangay
elections (KB) were held on May 1, 1975 which was participated by
about 3 million Filipino youths aged 15 to 18 years old. Each
Barangay in the Philippines is mandated by law to have its own

2
What Works for Youth Participation”. Iyfnet.org/sites/default/files last accessed January 26, 2020
chapter of the Katipunan ng Kabataan in which the members elect
their officers called as the Kabataang Barangay. 3

This was later amended by PD 935 in 1976 extending the term of


office of the Kabataang Barangay Officers. By 1977, PD 1102 was
passed amending the age coverage of the members and officers from
15- 18 years of age to 15-21 years old to encourage youth
participation.

This novel political structure that allows participatory governance


from the youth sector was included in BP 337, the predecessor of
4
the Local Government Code which was enacted in 1983. During
the time of President Corazon Aquino, the Kabataang Barangay was
suppressed in hiatus until the passage of the 1991 Local
Government Code which incorporates the provision of the abolition
of Kabataang Barangay and replaced by Katipunan ng Kabataan.
The Sangguniang Kabataan is the elected governing body. Since
1992, 5 SK elections has been held nationwide. To date, the
Philippines is the only country in the world that popularly elects
youth representatives.

In October 2013, the House of Representatives passed Republic Act


10632 deferring the SK Elections from October 2013 to February
2015. Task Force on Youth Development was created in lieu of the
SK in the interim.5

The SK, a pioneering political structure in itself is again put on fire


after myriad of issues plagued its ranks. Issues of corruption, lack
of programs, and lack of evaluation for the criteria of youth servant
have persisted, threatening to erode this shaky political structure
run by” children”.

3
https://en.wikipedia.org/wiki/1975_Philippine_Kabataang_Barangay_election last accessed January 30,
2020
4
Lawphil.net BP 337
5
https://www.povertyactionlab.org/sites/default/files/publications/ravanilla_-_nudging_good_politicians.pdf
However, several clamors for its abolition were met by a law
strengthening it that seeks to prevent its abolition: Republic Act
10742, the SK Reforms Act. This law introduces a five-tier reforms
and introduced new features to further strengthen this grass-root
based,government –funded political structure for young people that
we call –SK or Sangguniang Kabataan. The following are the
reforms introduced: 1) Anti-political Dynasty provisions; 2)
Financial Independence Provisions; 3) Age Expansion and
Accountability Provisions; 4) Local Youth Development Council; and
5) Mandatory Trainings provisions.

Signed into law on January 15, 2016, RA 10742 is the most


comprehensive reform for the SK. Barely three (3) years into its
implementation, the law is said to cure the weaknesses of the SK
and seeks to make SK relevant again, this policy paper will attempt
to identify the significant effects of the reforms institutionalized by
the RA 10742 with the performance and structure of the SK. The
researcher would like to assess whether the law has contributed to
the effectiveness of the SK in general or was the reform ineffective
that the call for the abolition of the SK should be heeded by the
legislators this time.

Objectives of the study


1. This paper aims to assess the provisions of R.A. 10742,
otherwise known as the Sangguniang Kabataan Reform Act
of 2015 in relation to the constitutional mandate of
empowering the youth thru meaningful participation in
local governance and in nation-building.
2. To study the significant effects in the social as well as
political life of the youth in their engagement in the
governance of the basic political unit of our country;
3. To identify the issues and challenges in the implementation
of the RA 10742;
4. To formulate effective, reasonable and practical strategies in
resolving all the identified issues and challenges, hence,
improving the capacity of the youth sector in their
engagement in public administration;
5. To identify whether the reform law on the SK was effective
to make SK relevant again or in the alternative, propose and
recommend for its abolition.

Significance of the Study

This study will attempt to examine the effectiveness of R.A. 10742,


its relevance, and impact in the governance of the basic political
unit of our country.

This paper will evaluate the policy reforms laid out by RA 10742.
The law will be dissected through the lens and discourse of policy-
makers in a historical perspective. This paper will attempt to trace
the historical background of the SK from its inception to shed light
on whether the new SK reform law will be fully and properly
implemented, and if so, to reveal if there has been structural gaps
that has not been filled in by the new reform law (RA 10742).

The determination of issues and the formulation of


recommendations of this policy paper will help the general public in
recognizing the important role of the youth in nation-building. In
relation to this, the following sectors are identified to be benefited
by this study:

The youth sector. This study will serve as a persuasive mechanism


for the youngsters to actively participate in the management of the
youth organization on their respective Barangays. It will also
promote an effective, practical, and reasonable system of the
organization among the members in order to develop their
emotional, spiritual, intellectual, moral, and social well-being in the
society. Lastly, this study will help build the growing level of
confidence inside the person of all the members of this sector
towards attaining the goal of the law, to prepare the youth of today
of becoming the best leaders of tomorrow.

National and Local Legislators. The recommendations in this


study might be of great use in the future amendments of the law. It
may become the basis of some minor or major changes in the
implementing rules and regulations of this Republic Act.

Public Sector. This study will serve as an eye opener for the public
to equally treat every member of the society regardless of their age.
It will aid the elimination of discrimination on the capacity of the
youth to effectively lead the society.

Researcher. As an educator of young people, the accomplishment


of this study will help the researcher comprehensively understand
the role of the youth in nation-building. The study will guide the
researcher on how to effectively motivate her students to participate
actively in the management of the government activities by
exercising their right and interpreting their brilliant ideas on
leadership into actions in the community. Lastly, by molding their
dreams of becoming the best leader of their generation. The
researcher is also motivated to conduct this study in her curiosity
to find out whether the SK, after being subjected to reforms were
properly pursuing its mandate and were effective in their functions
and performance, with the end in view that, the SK will be given an
assessment that they were effective and the legislators will get
acquainted whether they should be abolished or not.

Scope and Limitation of the Study

This policy paper is restricted to the in-depth study and


understanding of R.A. 10742, its effectiveness in the management
of public sector and its relevance lies in the final outcome of this
paper which recommendations will fill in the gaps in the reform law
for better implementation, with the end in view that our young
leaders would be more empowered in our community.

This policy paper is limited on the history, reason for creation,


issues and options of the law being studied. This paper does not
purport to cover a nationwide spectrum, however, suggestions and
recommendations that may be presented on this paper will cover all
SK around the country. This policy paper will only be limiting its
evaluation to RA 10742 and will only cover the reforms instituted by
said law. This paper will examine the policies laid down by RA
10742 using the Black Letter approach on research and will only
utilize materials and data that are publicly available to the
researcher. The researcher is restricted by time and coverage of the
policy, the law being barely three (3) years in its implementation,
and also limited by the lack of field interviews.

The researcher hopes that this paper will be duplicated and


improved on by other researchers on the topic as the material
gathered and conclusions reached by the researcher will produce
significant results for the Sangguniang Kabataan and youth
participation in politics and governance. The materials gathered
and the conclusions reached by the study could be replicated on a
national level among different barangay units across the country for
filling in the gaps of the law. It is the hope of the researcher that
this paper will be an efficient identifier of structural and systemic
gaps in the law to further strengthen the SK. The limitation of this
paper should not stop future researchers from filling the gap in this
study.

Definition of Terms
To facilitate clear comprehension and understanding of this paper,
the following terms were abstractly and operationally defined:
Sangguniang Kabataan – a governing body created under the Local
Government Code f 1991 allowing participation from youth aged 15-
17.
Barangay – the smallest political unit in the Philippine political
structure
Barangay captain- district chief; the highest elected official in the
barangay/district
Katipunan ng Kabataan – youth federation; registered youth
residents in a district. They cn be elected for the youth council and
vote as well
Kabataang barangay – district youth; youth council instituted by
Ferdinand Marcos in 1975
Sangguniang Barangay- district; the smallest administrative unit
in the Philippines
Sangguniang Kabataan – Youth Council instituted by the Local
Government Code of 1991 during the administration of Cory Aquino

From Chapter 1 - Introductory Provisions

(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.

From Rule 1 - Introductory Provisions

(a) Annual Barangay Youth Investment Program (ABYIP) shall refer to

the yearly program based on the Comprehensive Barangay Youth

Development Plan. It shall contain the specific programs, projects and

activities with corresponding project costs including the necessary fund

flows to approximate the reasonable timing in the release of funds;

(b) Commission shall refer to the National Youth Commission created

under Republic Act No. 8044;

(c) Comprehensive Barangay Youth Development Plan (CBYDP) shall

refer to the three-year comprehensive youth development plan of the

barangay that is formulated by the Sangguniang Kabataan (SK) in

consultation and with concurrence of the Katipunan ng Kabataan (KK) and

anchored on the Philippine Youth Development Plan (PYDP) and other

Local Youth Development Plan (LYDP) in provincial, city and municipal

level;

(d) Local Chief Executive (LCE) shall refer to the provincial governor and

city/municipal mayor;
(e) Local Government Operations Officer (LGOO) 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;

(f) Local Sanggunian shall refer to the sangguniang panlalawigan,

sangguniang panlungsod and sangguniang bayan;

(g) Local Youth Development Council (LYDC) – A multi-sectoral youth

association, which shall be called, Provincial Youth Development Council

(PYDC), City Youth Development Council (CYDC) and Municipal Youth

Development Council (MYDC), respectively, headed by the concerned SK

Pederasyon President and composed of representatives of youth and

youth-serving organizations in the provincial, city, and municipal level;

(h) Local Youth Development Plan (LYDP) shall refer to the provincial,

city, or municipal youth development plan as initially drafted by the SK

Pederasyon, finalized by the LYDC and approved by the local sanggunian.

Local Youth Development Plan (LYDP) shall be anchored on the Philippine

Youth (PYDP) and the local development plans of the local government

unit concerned;

(i) Mandatory and Continuing Training Providers shall refer to persons

or institutions accredited by the Commission to conduct mandatory and

continuing training programs of SK and LYDC members. These shall

include officers and personnel of the Local Youth Development Office

(LYDO), persons designated by the chief executive in case there is no

LYDO, state universities and colleges, educational and training institutions,

government and non-government agencies and other personnel or

institutions experienced in youth development;


(j) Non-traditional media shall refer to websites, short and multi-media

messaging system, social media platforms and other media not considered

traditional;

(k) Philippine Youth Development Plan (PYDP) shall refer to the

comprehensive national plan expressing the convergence efforts of the

different youth-serving national agencies, civil society organizations and

youth organizations designed to promote the general welfare, development

and empowerment of the youth, in preparation for their vital role in nation-

building. The formulation of the plan shall be spearheaded by the

Commission, and shall be based on the findings of the National Youth

Assessment Study, Youth Development Index, and the directions set by the

Philippine Development Plan. It may also take into consideration the

findings of the different international organizations;

(l) Traditional media shall refer to advertisements and announcements on

bulletin boards, newspapers, magazines, tabloids, periodicals, radio,

television, and other similar media;

(m) Youth Affairs Provincial Officer (YAPO) 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 IRR or as the Commission may

deem necessary;

(n) Youth shall refer to those persons whose ages range from fifteen (15)

to thirty (30) years old as defined in Republic Act No. 8044. For the

purpose of targeted programming for the youth, the age disaggregation

shall be considered:

15-17 – child youth

18-24 – core youth

25-30 – adult youth;


(o) Youth Organizations shall refer to those organizations whose

membership or composition are youth;

(p) Youth-Serving Organizations shall refer to those registered

organizations whose principal programs, projects and activities are youth-

oriented and youth related, and whose composition are not limited to the

youth. The organization shall be duly-recognized or accredited either by

proper national or local government registering entities.

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