Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

House siti no, 1524

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

In the Philippines, the youth have been highly encouraged to participate in
politics and governance. For this reason, our country is the only nation in the world to.
have a mechanism, the Sangguniang Kabataan, for involving the youth sector in
governance. This is the government's response to the United Nations Convention on the
fights of children to create an avenue wherein they engage and represent their sector
towards active participation in the affairs of the government and in the country as a
whole.

The SK is mandated to perform, among others, the following functions:

a) Promulgate resolutions necessary to carry out the objectives of the youth in
the barangay;

b) Initiate programs designed to enhance the social, political, economic, cultural,
intellectual, moral, spiritual and physical development of the youth;

©) Consult and coordinate with all youth organizations in the barangay for policy
formulation and program implementation; and

4) Coordinate with other national government agencies concerned for the
implementation of youth development projects and programs at the national
level.

It is sad to note that despite the lofty ideals surrounding its creation, the
‘Sangguniang Kabataan as an institution has been mired with allegations of corruption
and inefficient governance. Allegations include vote-buying, gathering kickbacks from
Sk-initiated projects and programs, and colluding with higher barangay officials to
secure their vested interests, Consequently, legislative measures have repeatedly been
proposed to abolish the SK to address such allegations.

However, itis the belief of this representation that the body as a whole should not
suffer from the wrongdoings of the unscrupulous few. The mandate of the SK should be
carefully reviewed but not totally abolished, because the mechanisms of corruption
within the system can be stricken out to dispel claims that the SK is a breeding ground
for corrupt officials. Maintenance of representatives from the youth sector is still the ideal
way so that young people can participate in nation-building but less budgeting,
disbursement and procurement processes

In view of the foregoing, the urgent passage of this bill is hereby sought.

Poche 7 ~~ Go
MARCELINO “MARCY” R. TEODORO

Representative
1* District, City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._1524

INTRODUCED BY HON. MARCELINO “MARCY” R, TEODORO

AN ACT
INTRODUCING REFORM TO THE SANGGUNIANG KABATAAN,
AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT
NO. 7160, OTHERWISE KNOWN AS “THE LOCAL GOVERNMENT CODE OF 1991,”
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Sangguniang Kabataan
Reform Act of 2013.”

SEC. 2. Barangay Funds. — Section 329 of Republic Act No. 7160 is hereby amended
to read as follows:

Section 329. Barangay Funds. — All 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 a trust fund in the custody of the city or municipal treasurer or be
deposited in a bank, preferably government-owned, situated in or nearest to its area of
jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Title.
Ten percent (10%) of the general fund of the barangay shall be set aside for the
Sangguniang Kabataan (SK), PROVIDED THAT THE DISBURSEMENT AND
ENCASHMENT OF WHICH SHALL BE UNDER THE SOLE AUTHORITY AND
CONTROL OF THE BARANGAY WITH THE SK LIMITING ITSELF TO PROGRAM
IDENTIFICATION AND MONITORING.

SEC. 3. Creation and Election. - Section 423 of Republic Act No. 7160 is hereby
amended to read as follows:

Section 423. Creation and Election. — (a) There shall be in every barangay a
Sangguniang Kabataan to be composed of a CHAIRPERSON, seven (7)
members AS KAGAWAD, a secretary and a treasurer. THE SECRETARY AND
TREASURER SHALL BE APPOINTED BY THE SK CHAIRPERSON FROM THE
KAGAWADS WITH THE CONCURRENCE OF THE MAJORITY OF THE SK
MEMBERS.

(b) xxx

SEC. 4. Katipunan ng Kabataan. — Section 424 of Republic Act No. 7160 is hereby
amended to read as follows:

Section 424. Katipunan ng Kabataan, - EVERY BARANGAY SHALL
ESTABLISH A Katipunan ng Kabataan TO be composed of all citizens of the
Philippines actually residing in the barangay for at least six (6) months, who are
AT LEAST fifteen (15) but not more than twenty-one (21) years of age, and who
are registered in the list of the Sangguniang Kabataan Secretary or in the official
barangay list in the custody of the barangay secretary.


SEC. 5. Powers and Functions of the Katipunan ng Kabataan. — Section 425 of
Republic Act No. 7160 is hereby amended to read as follows:
SECTION 425. POWERS AND FUNCTIONS OF THE KATIPUNAN NG
KABATAAN. ~

A) THE KATIPUNAN NG KABATAAN (KK) SHALL BE THE HIGHEST POLICY-
MAKING BODY OF THE YOUTH IN THE BARANGAY. THE
SANGGUNIANG KABATAAN (SK) SHALL CONSULT THE KK ON ALL ITS
PLANS, PROGRAMS AND ACTIONS. THE KK SHALL AT ALL TIMES
STRIVE TO GIVE ITS APPROVAL THROUGH CONSENSUS.

HOWEVER, IN VERY SPECIFIC INSTANCES WHERE TIME IS A MAJOR
CONSIDERATION AND CONSENSUS IS NOT IMMEDIATELY POSSIBLE,
A MAJORITY VOTE OF MORE THAN FIFTY PERCENT (50% + 1) OF ALL
KK MEMBERS PRESENT IN A GENERAL ASSEMBLY WITH QUORUM
SHOULD BE REACHED TO APPROVE URGENT PLANS, PROGRAMS
AND ACTIONS AFFECTING THE YOUTH IN THE BARANGAY.

B) THE KK MAY, THROUGH A 2/3 MAJORITY VOTE OF ALL ITS MEMBERS,
REPRIMAND, CENSURE OR REMOVE ANY SK MEMBER WHO AFTER
DUE PROCESS IS FOUND TO HAVE FAILED IN THE DISCHARGE OF HIS
OR HER DUTIES OR HAVE COMMITTED ABUSES AS STIPULATED IN
EXISTING LAWS PERTAINING TO THE CONDUCT OF PUBLIC
OFFICIALS.

C) THE KK SHALL MEET AT LEAST TWICE A YEAR, OR AT THE CALL OF
THE CHAIRPERSON OF THE SK. THE FIRST KK MEETING SHALL TAKE
PLACE NO LATER THAN THREE (3) MONTHS AFTER THE
PROCLAMATION OF THE RESULTS OF THE IMMEDIATELY PRECEDING
SK ELECTION, THE SK CHAIRPERSON SHALL CONVENE THE FIRST KK
MEETING, WHERE THE KK SHALL THEN CHOOSE AMONG ITS
MEMBERS A KATIPUNAN LEAD CONVENOR WHO SHALL BE TASKED
TO CONVENE ALL SUCCEEDING KK MEETINGS.

D) THE KK SHALL CREATE A BODY, WHOSE MEMBERS SHALL BE
CHOSEN AMONGST THEMSELVES, THAT SHALL BE RESPONSIBLE
FOR THE CLOSE COORDINATION OF THE KK WITH LOCAL AND
NATIONAL YOUTH ORGANIZATIONS, ALLIANCES, FEDERATIONS AND
THE LIKE FOR THE PURPOSE OF DEVELOPING SOCIALLY RELEVANT
PROGRAMS AND ACTIVITIES TO BE INCLUDED IN THE BARANGAY'S
ANNUAL YOUTH DEVELOPMENT PLAN.

THE COORDINATING BODY MAY INVITE REPRESENTATIVES FROM
SUCH ORGANIZATIONS TO SERVE AS RESOURCE SPEAKERS IN THE
REGULAR MEETINGS AND EVENTS OF THE KK OR SK.

E) THE KK MAY CREATE OTHER SUCH BODIES AND COMMITTEES AS IT
DEEMS NECESSARY TO MOST EFFECTIVELY FULFILL ITS FUNCTIONS
AND DUTIES.

SEC. 6. Powers and Functions of the Sangguniang Kabataan. — Section 426 of
Republic Act No. 7160 is hereby amended to read as follows:

Section 426. Powers and Functions of the Sangguniang Kabataan. ~ The
‘Sangguniang Kabataan shal

(a) xxx

(b) IDENTIFY AND MONITOR YOUTH PROGRAMS OF THE BARANGAY
THAT AIM TO EXPAND YOUTH PARTICIPATION IN GOVERNANCE
AND TO PROMOTE QUALITY EDUCATION FOR ALL, SECURE
YOUTH EMPLOYMENT, SUSTAINABLE DEVELOPMENT, HUMAN
RIGHTS AND SOCIAL JUSTICE;


(©) xxx

(d) xxx

(e) xxx

() Consult and coordinate with the KATIPUNAN NG KABATAAN AND
LOCAL AND NATIONAL youth organizations for policy formulation and
program implementation;

(g) xxx

(h) xxx

(i) xxx

() SCHEDULE REGULAR INTERNAL EDUCATIONAL DISCUSSIONS AND
LEADERSHIP TRAINING SEMINARS TO BE _ GIVEN BY
REPRESENTATIVES FROM GOVERNMENT OFFICES, NON-
GOVERNMENT ORGANIZATIONS AND PEOPLE'S ORGANIZATIONS
TO ENSURE THAT THE BODY IS UPDATED ON IMPORTANT
NATIONAL AND SOCIAL ISSUES AND IS EQUIPPED TO ADDRESS
THESE EFFECTIVELY,

NOTWITHSTANDING THE FOREGOING POWERS AND FUNCTIONS,
IT MUST BE STATED CLEARLY THAT THE SK SHALL HAVE NO
FISCAL AUTONOMY IN ITS OPERATIONS AS TO DISBURSEMENTS.
AND ENCASHMENT OF THEIR FUNDS AND EXPENSES.

SEC. 7. Qualifications - Section 428 of Republic Act No. 7160 is hereby amended to
read as follows:

Section 428. Qualifications. — An elective official of the Sangguniang Kabataan
must be:

A) A QUALIFIED MEMBER OF THE KATIPUNAN NG KABATAAN;

B) A RESIDENT OF THE BARANGAY FOR AT LEAST ONE (1) YEAR
IMMEDIATELY PRIOR TO ELECTIONS;

C) AT LEAST EIGHTEEN (18) BUT NOT MORE THAN TWENTY-ONE (21)
YEARS OF AGE ON THE DAY OF HIS OR HER ELECTION;

D) ABLE TO READ AMD WRITE OM FILIPINO, ENGLISH, OR THE LOCAL
DIALECT; AND

—) MUST NOT HAVE BEEN CONVICTED OF ANY CRIME INVOLVING
MORAL TURPITUDE.

SEC. 8, Privileges of Sangguniang Kabataan Officials. — Section 434 of Republic Act
No. 7160 is hereby amended to read as follows:

SEC. 8. Privileges of Sangguniang Kabataan Officials. ~ (A) The Sangguniang
Kabataan CHAIRPERSON shall have the same privileges enjoyed by other
Sangguniang Barangay officials under this Code subject to such requirements
and limitations provided herein.

(B) ALL SANNGUNIANG KABATAAN KAGAWADS SHALL BE ENTITLED TO
RECEIVE HONORARIA, TRAVEL ALLOWANCES AND OTHER SUCH
COMPENSATION FOR SERVICES AS MAY BE AUTHORIZED BY NATIONAL
LAWS OR LOCAL ORDINANCES IN ACCORDANCE WITH THE PROVISIONS
OF THIS CODE;

(C) ALL SANGGUNIANG KABATAAN OFFICIALS SHALL BE EXEMPTED
FROM TAKING UP THE NATIONAL SERVICE TRAINING PROGRAM - CIVIC
WELFARE TRAINING SERVICE (NSTP-CWTS) SUBJECTS OR COURSES IN
THEIR SCHOOLS OF ENROLLMENT.


(D) ALL SANGGUNIANG KABATAAN OFFICIALS SHALL BE TREATED AS.
PERSONS IN AUTHORITY AS DEFINED BY LAW IN CONNECTION WITH THE.
ACTUAL DISCHARGE OF THEIR OFFICIAL DUTIES AND FUNCTIONS AS
‘SUCH.

(E) ALL. SANGGUNIANG KABATAAN OFFICIALS, DURING THEIR
INCUMBENCY, SHALL BE EXEMPTED FROM PAYMENT OF TUITION AND
OTHER MATRICULATION FEES WHILE ENROLLED IN PUBLIC TERTIARY
SCHOOLS, INCLUDING STATE UNIVERSITIES AND COLLEGES. THE
NATIONAL GOVERNMENT SHALL REIMBURSE THE COLLEGE OR
UNIVERSITY IN WHICH THE SK OFFICIAL IS ENROLLED THE AMOUNT OF
THE TUITION AND OTHER MATRICULATION FEES, PROVIDED THAT THE
SAID OFFICIAL SHALL ENROLL IN A PUBLIC TERTIARY SCHOOL LOCATED
WITHIN THE REGION OF THE BARANGAY WHERE HE OR SHE AS A
SANGGUNIANG KABATAAN IS SERVING.

SEC. 9. Separability Clause. — If any section or provision hereof, is declared invalid or
unconstitutional, the remainder of the law not otherwise affected shall remain valid and
subsisting.

SEC. 10. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SEC. 11. Effectivity Clause. — This Act shall take effect fifteen (15) days after the
‘completion of its publication in the Official Gazette or in any newspaper of general
circulation.

Approved,