RECEIVED
pare, 05 SEP 2016
ee)

Republic of the Philippines
HOUSE OF REPRESENTATIVE!
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by REP. GWENDOLYN F. GARCIA

EXPLANATORY NOTE

Throughout the country’s history, the youth have always been encouraged to
participate in governance. Over time, the Philippine government has developed
mechanisms to directly involve the youth in managing the affairs of the State.

In 1975, then President Ferdinand Marcos issued Presidential Decree No.
684 to create the Kabataang Barangay to give the youth a definite role in community
affairs and to provide the government a vehicle to tap the youth in its development
efforts. The President then issued Presidential Decree 1191 which created the
Pambansang Katipunan ng Kabataang Barangay (PKKB) which was directly under
the Office of the President.

Despite, however, of its notable accomplishments in developing the youth in
the fields of livelihood, education, sports and culture, the Kabataang Barangay was
perceived and criticized then as a tool to counter the growing militant youth activity
against the authoritarian rule of the Marcos regime.

In 1983, Batas Pambansa 337 was enacted. It was the predecessor of the
Local Government Code and detailed at length the Government's thrusts and
programs to promote an enhanced and more active participation of the youth in
governance.

After the collapse of the Marcos regime, the Presidential Council for Youth
Affairs (PCYA) was created in 1987 under the administration of then President
Corazon Aquino. It was tasked to coordinate with various youth federations and
provide avenues for the development of future leaders.

The PCYA, however, had limited powers, and this caught the attention of
some young legislators at that time. From 1988 to 1990, Congress youth
representatives worked with the PCYA to craft the proposal that detailed the
Sangguniang Kabataan representation

In 1991, the proposal was later incorporated into the provisions of Republic
‘Act 7160, otherwise known as the Local Government Code. RA 7160, in effect,
abolished the Kabataang Barangay and provided the youth another avenue to
directly participate in governance from the grassroots level up to the national level.


Under the Local Government Code, youth leaders who get elected to the SK
enjoy some benefits. They are paid honoraria for attending their sessions. The
barangay SK chairman sits as an ex-officio member of the barangay council and
automatically chairs the Committee on Youth and Sports, a standing committee of
every barangay council, The President of the SK municipal federation also becomes
an ex-officio member of the Sangguniang Bayan; the president of the city federation
to the Sangguniang Panlungsod and the president of the provincial federation to the
Sangguniang Panlalawigan. As also provided, SK representatives automatically get
the chairmanship of the Committee on Youth and Sports, a standing committee of
every municipal, city or provincial legislative council, The president of the national
federation composed of the presidents of the metropolitan and provincial federations
automatically sits in the National Youth Commission as an ex-officio member. Under
this law, the responsibilities given to SK representatives are enormous in relation to
their capacity to accomplish them.

The enhanced participation of the youth in governance as institutionalized
under the Local Government Code was seen as a giant leap in the development of
future leaders of the country. High hopes were pinned on it to train and produce
next-generation leaders who shall steer the country towards greater heights.

Through the years, however, the SK has proven itself to be a disappointment.
Youth participation in governance has not yielded significant dividends for the sector
it seeks represents

Despite its lofty objectives, the SK system has not distinguished itself from
mainstream politics derisively characterized as traditional politics. Cheating, bribery,
fraudulent machinations, illegal campaigning and all sorts of violations of election
laws have characterized SK elections in the past in a magnitude just as serious and
pervading as adult politics. Over the years, several SK officers were accused of
misfeasance and malfeasance in office in a way that is typical only of adult politics.

As many respected observers have correctly noted, the Sangguniang
Kabataan has not obtained for the youth true representation in the policy-making
bodies of our local government units as was envisioned for its creation. It is a matter
of fact that only moneyed and well-connected candidates get elected, just like in
adult politics. It cannot be disputed that traditional politicians are exploiting the
system by having their children, grandchildren and relatives dominate the SK
elections to consolidate their political contro! while training their young in the ways of
traditional politics as a necessary tool to perpetuate themselves in power.

Therefore, notwithstanding the noble intentions that paved the way for its
creation, the Sangguniang Kabataan has been proven to be a failure. The proven
disadvantages far outweigh the advantages. While it failed to provide the youth
meaningful participation in governance, it only distracts youth leaders from their
studies as they are forced to juggle their duties and studies at the same time. As a
matter of fact, many SK officers who are studying away from home, have not been
rendering adequate services while receiving full benefits as members of their local
legislative council and this situation defeats the very purpose of the law. Much
worse, youth leaders only lose their idealism after they get contaminated by the
vicious virus that is traditional politics.


Having been proven a failure, the SK has lost its significance in the country’s
political system. It cannot be fixed nor saved because it is basically inappropriate to
involve the youth early in politics. No amendment of existing laws can do the trick
because the system, in the first place, is unnecessary and counter-productive.
Republic Act 10742, otherwise known as the "SK Reform Act of 2015," is irrelevant
as it cannot make the system work

It is prudent not to proceed with a system that costs much, delivers less of its
assigned objectives and produces more adverse effects. There is really no need to
elect and sustain tens of thousands of young politicians with taxpayers’ money. It is
only a waste of public funds to spend for a system that does not work, Programs for
the youth can be implemented without the SK and youth participation can be
maximized by some other more effective ways that do not compromise the values
and education of potential leaders. With the advances in communication and the
advent of social media, the SK has become superfluous and unnecessary

Instead, the youth should be inoculated from dirty politics and unproductive
political wrangling while it is not yet too late. Like typical Filipino parents, we should
rather have our children focus on their studies than in politics where they are
vulnerable to manipulation and exploitation

This bill, therefore, seeks to abolish the Sangguniang Kabataan for failing to
achieve its assigned objectives. Instead of being a tool in the training of the youth in
meaningful governance, it has become a tool in their exploitation by unscrupulous
politicians, Instead of starting them young in governance, youth leaders are exposed
early in corruption.

In view of the foregoing, the prompt approval of this bill is eamestly requested

SYN F. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3454

HOUSE BILL NO.

Introduced by Rep. Gwendolyn F.

AN ACT
ABOLISHING THE SANGGUNIANG KABATAAN, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 10742, OTHERWISE KNOWN AS THE
SANGGUNIANG KABATAAN REFORM ACT OF 2015 AND AMENDING
REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991

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

SECTION 1. The Sangguniang Kabataan, created under Republic Act No.
7160, otherwise known as the Local Government Code as amended by Republic Act
10742, otherwise known as the Sangguniang Kabataan Reforn Act of 2015, is
hereby abolished, and for this purpose, Sections 423 to 439 inclusive of Chapters 8,
9, and 10, Title |, Book Ill of said Code are hereby repealed.

SECTION 2. Republic Act 10742 otherwise known as the “Sangguniang
Kabataan Reform Act of 2015" is hereby repealed

SECTION 3. Section 329, Article 2, Chapter 3, Title V, Book I! of Republic Act
7160 is hereby amended to read as follows:

Section 329. Barangay Funds. - Unless otherwise provided in
this Title, all the income of the barangay from whatever source shall
accrue to its general fund and shall, at the option of the barangay
concerned, be kept as trust fund in the custody of the city or municipal
treasurer or be deposited in a bank, preferably govemment-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
kangguniang kabataan.]

SECTION 4. Section 390, Chapter 4, Title |, Book Ill of Republic Act No. 7160
is hereby amended to read as follows:

Section 390. Composition. - The sangguniang barangay, the
legislative body of the barangay, shall be composed of the punong
barangay as presiding officer, and the seven (7) regular sangguniang


barangay members elected at large, [and sangguniang kabataan
chairman,] as members.

SECTION 5. Paragraph (a) of Section 446, Article Three, Chapter 3, Title II,
Book III of Republic Act 7160, is hereby amended to read as follows:

Section 446. Composition, - (a) The sangguniang bayan, the
legislative body of the municipality, shall be composed of the municipal
vice-mayor as the presiding officer, the regular sanggunian members,
the president of the municipal chapter of the liga ng mga barangay,
[the president of the pambayang pederasyon ng mga sangguniang
kabataan,] and the sectoral representatives, as members.

SECTION 6. Paragraph (a) of Section 457, Article Three, Chapter 3, Title II,
Book II! of Republic Act 7160 is hereby amended to read as follows:

Section 457. Composition. - (a) The sangguniang panlungsod,
the legislative body of the city, shall be composed of the city vice-
mayor as presiding officer, the regular sanggunian members, the
president of the city chapter of the liga ng mga barangay, [the
president of the panlungsod na pederasyon ng mga sangguniang
kabataan,] and the sectoral representatives, as members

SECTION 7. Paragraph (a) of Section 467, Article Three, Chapter 3, Title IV,
Book III of Republic Act 7160 is hereby amended to read as follows:

Section 467. Composition. - (a) The sangguniang panlalawigan,
the legislative body of the province, shall be composed of the provincial
vice-governor as presiding officer, the regular sanggunian members,
the president of the provincial chapter of the liga ng mga barangay, [the
president of the panlalawigang pederasyon ng mga sangguniang
kabataan,] the president of the provincial federation of sanggunian
members of municipalities and component cities, and the sectoral
representatives, as members.

SECTION 8. Duly elected officers of the Sangguniang Kabataan holding
office upon the approval of this Act shall continue to hold office for the duration of the
term for which they had been elected.

SECTION 9. Repealing Clause. — Section 10(0) of Republic Act No. 8044,
otherwise known as the “Youth In Nation-Building Act’, Sections 1 and 2 of Republic
Act No, 9340, entitled “An Act Amending Republic Act No. 9164, Resetting the
Barangay and Sangguniang Kabataan Elections, and for Other Purposes"; all other
laws, presidential decrees, executive orders letters of instruction, rules and
regulations or portions thereof which are inconsistent with this Act are hereby
repealed or modified accordingly.

SECTION 10. Separability Clause. - In case any provision of this Act is
declared unconstitutional or invalid, the other parts or provisions hereof not affected
thereby shall continue to be in full force and effect.


SECTION 11. Effectivity. — This Act shall take effect after fifteen days
following the completion of its publication in the Official Gazette or in at least two (2)
newspapers of national circulation.

Approved,