Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

House Bill No. 1574

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
RECOGNIZING THE POTENTIALS OF THE FILIPINO YOUTH
TOWARDS NATION BUILDING, PRESCRIBING THE FREE
EXERCISE OF CERTAIN RIGHTS AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Our Constitution enjoins the State to recognize the role of the youth in
nation building and to promote and protect, at all times, their physical, moral,
spiritual, intellectual and social well being. Further, the State is tasked to
inculcate in the youth patriotism and nationalism and to encourage their
involvement in public and civic affairs.

Despite this emphatic Constitutional mandate, there are rampant cases of
abuses and discrimination perpetrated against the youth. To prevent these
incidents from escalating further, there is a need to craft a specific working
framework that will be the guiding principle in promoting the youth’s welfare
towards the realization of the dream of making the youth the pillars of our society.

The proposed Bill seeks to concretize the ideals of the Constitution by
institutionalizing the rights and freedoms of the youth in every aspect of their
lives. This way, the proposed Bill aims to arm the youth with all the tools
necessary to guarantee their place in society.

For these reasons, the passage of this bill is earnestly recommended

DIOSDADO Mi AL ARROYO sug hi MACAPAGA ARROYO
Second District, Camarines Sur ‘Sécond District, Pampanga



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BiliNo._ 1974

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
RECOGNIZING THE POTENTIALS OF THE FILIPINO YOUTH
TOWARDS NATION BUILDING, PRESCRIBING THE FREE
EXERCISE OF CERTAIN RIGHTS AND FOR OTHER PURPOSES

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

SECTION 1. This Act shall be known as the “Magna Carta for the Youth Act
of 2010."

ARTICLE |
DECLARATION OF PRINCIPLES

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the
State to promote and protect the rights and welfare of the youth to enable them
to actively and effectively participate in democratic processes and to become
catalysts of progress and socio-political and moral transformation.

SECTION 3. Guiding Principles. - The State recognizes the vital role of the
Filipino youth in nation building. Accordingly, the State shall work tirelessly to
ensure that the youth are given their due share of moral duties and
responsibilities toward themselves, the society and their country. For this
purpose, the youth shall be encouraged to be actively involved in public and civic


affairs, in the promotion and protection of their physical, moral, spiritual,
intellectual, and social well-being and in the enhancement of an orderly,
harmonious, sustainably progressive and politically determined society. All
efforts shall be exerted by the State to remove any form of prejudices against the
youth. The State shall continue to extend full support for the youth's total well-
being and for their consequent recognition as “the nation’s only hope for the
future”. To the extent permissible, the government across all levels shall adopt
policies ensuring the youth's empowerment, emancipation self-reliance and
development through the enhancement of their skills and potentials that will
enable them to compete favorably for available opportunities, become significant
contributors to national progress and foster more meaningful, productive and
satisfying lives.

SECTION 4. Definition of Terms. - For purposes of this Act, the following
terms shall be construed to mean as follows:

a. “Youth” refers to any individual belonging to the 15-24
age range. Youth may be classified according to the following sub-
sectors:

(i) In-School Youth refers to those who are
either attending formal or non-formal educational
programs.

(ii) Out-of-School Youth refers to those who
are neither enrolled in any formal or
vocational/technical school.

(iii) Working Youth refers to those who are
either employed, whether self-employed or employed
by a public or private institution.

(iv) | Special Youth are marginalized youth
who need special care, attention and protection as
those who are incapacitated or disabled physically,
mentally or psychologically, or those who are caught
in the midst of armed conflict or victims of oppression
and criminality.

ARTICLE I
ACCESS TO LABOR AND EMPLOYMENT

SECTION 5. Youth Protection from Economic Exploitation. - The State shall
recognize the right of the youth to be protected from economic exploitation and


from performing any work that is likely to be hazardous or to interfere with the
youth's education, or to be harmful to the youth's health or physical, mental,
spiritual, moral or social development.

SECTION 6. Equal Opportunity and Treatment. — The youth shall be free
from any form of discrimination, with respect to recruitment and conditions of
employment or from any coercive recruitment systems, including bonded labor
and other forms of debt servitude. The youth shall be entitled to equal
opportunities for admission to employment, medical and social assistance, safety
as well as other occupationally-related benefits, be informed of their rights under
existing labor legislation and of means available to them for redress, equal

treatment in labor and employment, including the protection from sexual
harassment.

SECTION 7. Prohibition Against Discrimination in Employment. — No
qualified youth shall be discriminated against on account of his or her age,
handicap, socio-economic status, sexual, religious and political orientation or
membership in an organization, club, or grouping in regard to job applicant
procedures, hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, privileges, benefits,
fringe benefits, incentives or allowances as a qualified able bodied person.

ARTICLE Ill
A. ACCESS TO EDUCATION

SECTION 8. Access fo Education. - 1) The State shall provide the youth
with adequate access to quality education and ample opportunities to develop
their skills. It shall take appropriate steps to provide the needs of the special
youth with respect to the use of school facilities, class schedules, physical
education requirements, and other pertinent consideration

2) The youth shall have the right to relevant and competent instruction
vis-a-vis their personal and cultural development and that of the nation.

a No youth shall be denied admission to any school on
account of his or her handicap, socio-economic status, sexual,
political or religious orientation, or membership in any organization,
nor shall pregnant students and certified reformed drug abusers be
discriminated against.

b. The youth shall have the right to freely choose their
field of study and to continue the same up to graduation except in
case of academic deficiency or violation of disciplinary regulations
which do not infringe upon the exercise of their rights.


c. School administrations shall provide the youth with
adequate welfare services and academic facilities which shall
include, but not limited to, free annual general physical check-up to
students, adequate laboratory, library, research, recreation and
physical education facilities, including the prompt notification of
students concerned of letters and other communications it receives
in behalf of students.

SECTION 9. Scholarship Assistance. — Qualified and deserving student
youth shall have access to scholarship assistance through grants, student loan
programs, subsidies, and other incentives in both public and private schools.
The National Youth Commission (NYC) in coordination with the Department of
Education (DepEd) shall venture into undertakings to sort out funds for this
purpose,

B. ACADEMIC FREEDOM

SECTION 10. Academic Freedom. — Pursuant to the principles enunciated
in this Act, the following rights are hereby granted to the youth the, exercise of
which are hereby guaranteed:

a. Freedom of inquiry within the campus, in curricular
activities and in the extracurricular student affairs;

b. Access to information on matters of public concerns;

c. Right to hear any opinion on any subject of public or
general concern, whether or not related to any subject they may be
currently studying, which they believe worthy of consideration;

d. Right to invite outside speakers who shall not be
vetoes by school authorities on the basis of the credentials of the
speaker;

e. Right to refuse any form of attempt to subject him or
her to a process of indoctrination that will impose on him or her
ideological homogeneity;

f. Freedom of research in connection with academic
work, and the publication, discussion and exchange of his/her
findings and recommendations;


g. Right to question their curricula and if necessary,
subject them to review and revision;

h. Right to information on matters directly or indirectly
affecting their welfare including access to official records and other
pertinent documents and papers pertaining to official acts,
transactions or decisions;

i Right to adequate welfare services and curricular
activities; and

Right to publish regular independent and student-
controlled publications and/or print, circulate and/or mount leaflets,
newsletter, posters, wall news, petitions and such other materials.

SECTION 11. Conditional Admission. - No school policy shall oblige,
compel, or demand or cause to demand or pressure a youth to sign waiver

documents in exchange for admission or enrollment or re-admittance to the
school.

SECTION 12. Prohibition Against Banning Youth To Assemble. — No youth
shall be banned from taking part in an assembly nor shall they be arrested or
detained for doing so. Student-youth shall not be required to ask prior permit for
assemblies inside campuses.

SECTION 13. Freedom From Unwarranted Interference. — To guarantee the
freedom of student-youth from unwarranted interference while exercising their
academic freedom granted herein this Act:

a. Military detachments shall not be installed in
campuses
b. Military elements and school security forces shall not

interfere with student activities inside campuses, in particular
student protest actions.

¢. No plainclothes policemen will be allowed entry into
campuses, particularly during peaceful mass actions.

ARTICLE IV
ACCESS TO HEALTH CARE AND SERVICES

SECTION 14. Access to Health Care and Services. - 1) The youth shall
have the right to the highest standard of health and medical care attainable. The


State shall place special emphasis on the provision of primary and preventive
health care, public health education and the reduction of infant mortality. Toward
this end, a comprehensive health consciousness program shall be undertaken to

ensure the survival of the youth against dreaded infectious and communicable
diseases.

2) The State shall promote the exchange of appropriate information in
the field of preventive health care and of medical, psychological and functional
treatment of disabled youth, including dissemination of and access to information
concerning methods of rehabilitation, education and vocational services, with the
aim of enabling the State to improve their capabilities and skills and to widen
their experience in these areas,

SECTION 15. Sexual Health Needs. — The right of the youth in meeting their
special sexual health needs shall not be abridged. Free access to sex education,
family planning, reproductive health services, and other forms of precautionary
measures against unwanted pregnancies and the spread of sexually-transmitted
diseases among them shall be promoted. Toward this end, the Commission on
Population (POPCOM) in consortium with the Department of Health (DOH) and
all line-agencies of government concerned shall provide comprehensive family
planning and STD services and educational aid/recreational activities alongside
sexuality education specifically for the youth and as much as it is possible to
make these programs highly accessible and acceptable to a broad spectrum of
youth,

ARTICLE V
A. FREE EXPRESSION AND INFORMATION

SecTION 16. Access to Information. - The State shall ensure the
accessibility to youth of information and material from a diversity of sources, and
it shall encourage the mass media to disseminate information which is of social
and cultural benefit to the youth, and take steps to protect him or her from
harmful materials.

SECTION 17. Free and Responsible Expression. — 1) The right of the youth
to freely and responsibly express their sentiments, views, aspirations and to
gather, share, solicit ideas and publish information relevant to their interest and
welfare shall not be abridged.

2) Arresting or detaining a youth on the sole basis of disseminating or
circulating leaflets, petitions, newsletters, posters, wall news and similar
materials is prohibited. Banning a youth or youth organization from expressing
his or her or its sentiments, stance or views through any medium of
communication is likewise prohibited.


3) The exercise of such rights may be subjected to certain restrictions,
but this shalll only be such as are provided by law and are necessary:

a. for the respect of the rights or reputations of
others; or

b. __for the protection of national security or public
order, or of public health or morals,

SECTION 18. Inviolability of Communication and Correspondence. — 1) The
privacy of communication and correspondence among youth shall be inviolable

2) No youth shall be subjected to arbitrary interference with his or her
privacy, family, home or correspondence, nor to unlawful attacks on his or her
honor and reputation.

SECTION 19. Prohibition Against Any Form of Meddling in Student
Publication. — Nonmembers of the student publication are prohibited from
indulging any form of demand, pressure, force to cause influence and determine
the content of the publication. The editor shall take full responsibility for the
consequences arising from the publication of articles. The role of faculty
advisers in high school and college student publications shall be limited only to
technical guidance. Toward this end:

a. No school administration shall serve as the sole
authority in selecting the editor. The selection of the editor may be
made by competitive examination supervised by a Board of Judges,
which shall include students as members.

b. Editors shall enjoy security of tenure which shall not
be terminated without justifiable cause before the lapse of the
prescribed term.

c. Student publication shall have the right of access to
institutional records.

B. ORGANIZATION AND FREE ASSEMBLY

SECTION 20. Right to Organize. 1) The State shall recognize the rights of
the youth to form and join associations and the freedom to peaceably assemble
No restrictions may be placed on the exercise of these rights other than those
imposed in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety, public order, the


protection of public health or morals of the protection of the rights and freedoms
of others.

2) Subject to existing laws, the youth shall have the right to peaceably
assemble and petition the government and/or any private institution for the
redress of their grievances. Pursuant thereto, no regulation shall be imposed
violating or abridging the youth's right to assembly. The right of the youth to join
or not to join any particular organization shall be totally respected and no form of
intimidation, coercion or harassment shall be tolerated. Toward this end:

a. Involuntary efforts to make youth sign waiver
documents denying membership of and promising not to join a
specified organization as prerequisite for enrollment or job
acceptance is hereby prohibited.

b The existence of any youth organization shall be
subjected only to regulations that do not unduly hamper their
activities.

c. Youth organizations shall be governed by minimum
reasonable requirements, that is, the submission of the
organization's constitution or by-laws, list of officers of the
organization and a letter or notification by at least an adviser
chosen by the organization.

SECTION 21. Student Council/Government. - Schools, colleges and

universities shall recognize and ensure the democratic and autonomous
existence of student councils/governments.

SECTION 22. Prohibition Against the Use of Force and Exaction of
Excessive Fees. — 1) Imposing, demanding or exacting excessive fees from a
youth or youth organization other than fees which are provided by law is
prohibited. Toward this end, the youth shall not be caused, demanded or obliged
to pay, donate, share, give, ask or solicit any mode of exacting payment,
donation or contribution for any reason or cause.

2) Giving out solicitation forms or distributing tickets or any form of
exacting money or anything of monetary value from the student-youth or causing,
demanding or obliging them to pay, donate or contribute money or anything of
value are prohibited unless a written prior approval from the Local School Board
is sought. The approval notice of the Local School Board should manifest the
following: a. name of the sponsoring agency, b. title of the project, c. noble
objectives of the project and d. the specific program and the duration of the
activity to be undertaken. All sponsoring agencies who may indulge into similar
project or any form of income-generating activity invoking the student youth shall


be required to submit a written report of monetary income or otherwise generated
from the project to the Local School Board

C. PARTICIPATION IN POLICY FORMULATION

SECTION 23. Involvement in Policy Formulation. — The youth shall have the
right to be involved in the formulation of policies that directly or indirectly affect
them. They shall be represented in all policy making bodies of State and private
owned schools, colleges and universities

SECTION 24. Schoo! Fee Board. — Within thirty (30) days from the start of
the school year, the governing board of every school shall create an independent
body to be known as the School Fee Board which shall study, conduct
consultation and thereafter recommend on tuition and other school fee increases.
This body shall be composed of an equal number of representatives from the
administration, academic staff, parents, student-youth and alumni associations.
These representatives shall choose a chairman from among themselves.

SECTION 25. Participation In Screening Incoming Teachers. - The youth
shall have the right to participate in the screening committee for incoming
teachers and, to make a written performance evaluation of their teachers toward
the end of the school term.

D,. FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

SECTION 26. Freedom of Thought, Conscience and Religion. - The State
shall respect the right of the youth to freedom of thought, conscience and
religion. Freedom to manifest one's religion or beliefs may be subjected only to
such limitations as are prescribed by law and are necessary to protect public
safety, order, health and morals, or the fundamental rights and freedom of
others.

ARTICLE VI
POLITICAL REPRESSION

SECTION 27. Freedom From Violence, Harassment and Discrimination. —
1) The State shall take all appropriate legislative, administrative, social and
educational measures to protect the youth from all forms of physical and mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or


exploitation, including sexual harassment, while in the care of parents, legal
guardians or any other person who has the authority over the youth.

2) Such protective measures should, as appropriate, include effective
procedures for the establishment of social programs to provide necessary
support for the youth and for those who have the authority over the youth, as well
as for other forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of youth maltreatment
described heretofore, arid, as appropriate, for judicial involvement.

SECTION 28. Grants and Privileges. — Opposition to institutional policies
inimical to youth's interests shall not be a ground for denying or withdrawing
grants and privileges due to deserving youth

SECTION 29. Non-Validity of Blacklisting, Expulsion, Suspension and Other
Disciplinary Sanctions. - The blacklisting, expulsion, suspension, and other such
disciplinary sanctions that may be taken against a youth shall not be valid unless
the following rights have been observed and accorded the youth:

a. To be presumed innocent;

b. To remain silent, to be assisted by counsel of choice,
and to be informed of these rights;

c. Right to procedural faimess in disciplinary
proceedings;

d. Not to be punished for an act that is not a ground for
disciplinary action when it was committed;

e. To receive written notice of the charges; to be
afforded reasonable time to answer them and prepare for the
hearing;

f Right to a hearing before an impartial adjudicatory
body;

g. _ To be informed in writing of the nature and cause of
the accusation against him or her;

h. To confront witnesses against him or her and to full
and unimpeded access to the evidence in the case;

i. To defend himself/herself and to be defended by a
representative or counsel of his/her choice, adequate time being
given him/her for the preparation of his/her defense;


j Not to be a witness against him/herself;
k. Right to appeal adverse decisions; and

\ The decision in any disciplinary proceeding must be
rendered on the basis of relevant and substantial evidence
presented at the hearing, or at least contained in the record and
disclosed to the person affected.

SECTION 30. Due Process. — No youth shall be held liable for any offense
without due process. Arbitrary administrative measures and penalties against
the youth shall not be allowed. Pursuant to the provision of this section, the
youth shall be entitled to the following rights:

a. Freedom from arbitrary arrest, arbitrary searches and
seizures and the right to resort to all available legal remedies;

b. Right to reasonable bail, and the freedom from double
jeopardy, excessive fines and cruel or unusual punishment; and

c. Right to defend him/herself, to be heard and to
present evidence on his/her behalf before an impartial body.

SECTION 31. Unreasonable Searches and Seizures. — Every youth shall be
free from any form of unreasonable search and seizure. Except for the following
instances, no search or seizure of a student shall be deemed valid:

a. Searches made at the point of ingress and egress by
the designated authority;

b. Searches and seizures of illegal article or articles
falling in the plain view of duly designated authority;

c. Searches and seizures of articles that are illegal,
discovered inadvertently by duly designated authority;

d. Searches made when the youth is about to commit, is
committing or has just committed a crime or a serious infraction of
the law; and

. Searches made with a valid search warrant.

Articles seized in violation of the herein above provided rights shall not be

used as evidenced against the youth in any disciplinary or criminal action that
may be brought against him/her.


SECTION 32. Access fo Personal Records and Confidential Treatment, —
Subject to the provision of the following section, every youth shalll have access to
his/her own personal records, the confidentiality of which shall remain inviolable.

SECTION 33. Torture and Deprivation of Liberty. - No youth shall be
subjected to torture, cruel treatment or punishment, unlawful arrest or deprivation
of liberty. Both capital punishment and life imprisonment without the possibility of
release are prohibited for offenses committed by youths below 18 years.

ARTICLE VII
GENERAL PROVISIONS

SECTION 34. Recognition of their Rights. - The State recognizes that a
mentally or physically disabled youth should enjoy a full and decent life, in
conditions which ensure dignity, promote self-reliance, and facilitate the youth's
active participation in the community.

SECTION 35. Special Care. — The State recognizes the right of the disabled
youth to special care and shall encourage and ensure the grant, subject to
available resources, to the eligible youth and those responsible for his or her
care, of adequate support and assistance for which application is made and
which is appropriate to the youth's condition and to the circumstances of the
parents or others caring for the youth.

SECTION 36. Special Needs. —- Recognizing the special needs of a disabled
youth, assistance extended in accordance with the preceding paragraph shall be
provided free of charge, whenever possible, taking into account his or her
family's financial resources, and shall be designed to ensure that the disabled
youth has effective access to and receives education, training, health care
services, rehabilitation services, preparation for employment and recreation
opportunities in a manner conducive to the youth's achieving the fullest possible
social integration and individual development, including his or her cultural and
spiritual development.

SECTION 37. Youth in Indigenous Cultural Communities. - 1) The State
shall respect and promote the right of the child to participate fully in cultural and
artistic life and shall encourage the provision of appropriate and equal
opportunities of cultural and artistic, recreational and leisure activity.

2) Youth in indigenous cultural communities have the right to enjoy
their cultural heritage and to practice their own religion and language.


SECTION 38. Protection against Drug Abuse. ~ The State shall take all
appropriate measures, including legislative, administrative, social and
educational measures, to protect the youth from the illicit use of narcotic drugs
and psychotropic substances as defined in the relevant international treaties, and
to prevent the use of youth in the illicit production and trafficking of such
substances.

SECTION 39. Protection Against Sexual Exploitation, — The State shall
protect the youth from any form of sexual exploitation and abuse, including
prostitution and involvement in pornography or anything prejudicial to any
aspects of the youth's welfare,

SECTION 40. Armed Conflict. — The State shall take all feasible measures
to ensure that the youth shall have no direct part in the hostilities. No youth
below 21 shall be recruited into the armed forces. The State shall likewise
ensure the protection of the youth who are affected by armed conflict. Towards
this end, the State has an obligation to ensure that youth victims of armed
conflicts, torture, neglect, maltreatment or exploitation receive appropriate
treatment for their recovery and social integration

SECTION 41. Administration of Juvenile Justice. — A youth in conflict with
the law has the right to treatment which promotes the youth's sense of dignity
and worth, taking into account the youth's age and aims at his or her
reintegration into society. The youth is entitled to basic guarantees as well as
legal or other assistance for his or her defense. Whenever possible, judicial
proceedings and institutional placements shall be avoided especially for
offenders below 18 years old.

SECTION 42. Firearms Ban. — The youth shall not be allowed to carry
firearms at all time.

ARTICLE Vill
FINAL PROVISIONS

SECTION 43. Rules and Regulations. — Within ninety (90) days from the
approval of this Act, the National Youth Commission (NYC) in collaboration with
all existing agencies of the national government shall promulgate the necessary
Tules and regulations to implement the provisions of this Act.

SECTION 44. Penal Provision. — Any person who shall willfully interfere
with, restrain or coerce any youth in the exercise of his or her rights guaranteed
by this Act, or who shall in another manner commit any act to defeat any
provision of this Act, shall, upon conviction, be punished by a fine of not less than
Ten Thousand Pesos (P10,000.00) nor more than Fifty Thousand Pesos


(P50,000.00) or by imprisonment for not less that one year nor more than five
years, or both such fine and imprisonment at the discretion of the Court.

If offender is an institution, or any juridical person, the penalty shall be
imposed upon the President, Treasurer, Secretary or any person or officer
responsible for the violation. If the offender is an alien, he or she shall, after
service of sentence, be deported immediately without further proceeding in the
Bureau of Immigration (BI). If the offender is a public officer or employee, the
Court shall, in addition to the penalties herein above provided, order his dismissal
from the government service. In addition to the penalties herein provided, the
license to operate of any institution involved may be suspended or cancelled by
concerned government agency

SECTION 45. Separability Clause. — If any provision of this Act is declared
invalid, the remainder thereof not affected thereby shall continue to be in full
force and effect

SECTION 46. Repealing Clause. — All laws, decrees, orders, rules and
regulations or other issuances or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SECTION 47. Effectivity.Clause. — This Act shall take effect after fifteen (15)
days following its publication in the Official Gazette or in two (2) newspapers of
general circulation in the Philippines, whichever comes earlier.

Approved,