Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No,__ 1833

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

EXPLANATORY NOTE

This bill aims to transform the Sangguniang Kabataan (SK) by; a) changing
the age requirement for SK members and officers from 15-17 years old to 18-21
years old; b) removing SK Federation President as ex-officio member of the
Sangguniang Bayan, Sangguniang Panglungsod and Sangguniang Panlalawigan,
and c) scrapping the 10% allocation of Internal Revenue Allotment (/RA) due to
barangays designated for the SK.

‘The present SK set-up is flawed because:
1) Public funds are at the disposal of SK officials who are minors. In cases of
misappropriation or malversation, they are immune from graft and corruption
charges:
2) For 2013 alone, P6-Billion will be spent to fund various sports related
activities and conferences of the SK nationwide. The spending habits of SK must
be aligned with the National Development Agenda for education and health;

3) Local politicians are interested to get the SK Federation President to vote or
side with them in the municipality, city and provincial boards.This is the
primordial reason why they finance the campaign of SK candidates. Removing
the “ex-officio” position of SK in the local government legislative bodies insulates
the SK from the negative influence of unscrupulous politicians.

4) The SK is not truly representative of the entire youth population of the
country. Based on data supplied by COMELEC and the National Youth
Commission (NYC), there are only 2.459.520 registered SK voters for the October
2010 elections, which is not even 10% of the 27,825,500 total youth population
nationwide.


We cannot entrust power and public funds to teenagers aged 15-17 years old
who are just beginning to learn what responsibility and accountability are all
about. Under our existing laws, minors who are below 18 years old cannot enter
into agreements, sign contracts, enter into marriage, obtain drivers license, nor be
prosecuted for criminal offense. They have not reached the age of majority or
emancipation.

The fear that the youth might not be heard is baseless as persons 18 years old
and above can be elected as barangay kagawad, persons 21 years old and above
can be elected in the City or Municipal Council and persons 25 years of age can be
elected as member of the House of Representatives

In electing the 42,025 SK Chairmen and 294,175 Sangguniang Kabataan
councilors across the archipelago, the COMELEC needs at least P3.2 billion to
stage the political exercise. The Local Government Code provides that 10 percent
of the IRA share of barangays should go to the SK. For 2013 alone, barangays are
entitled to a total IRA of P60.47 billion. Henceforth, P6.05 billion goes to the
youth councils. With the approval of this bill, our government saves P9.25 Billion
which can be allocated for teacher training and materials development under the K
to 12 Law.

Approval of the measure is earnestly sought.

Hoecspaeer

ATTY MAGTANGGOL T. GUNIGUNDO I


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

x01333

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

AN ACT.
CHANGING THE AGE REQUIREMENT FOR THE SANGGUNIANG KABATAAN
(SK) MEMBERS FROM 15-17 TO 18-21 AND TO REMOVE SK FEDERATION
PRESIDENT AS EX-OFFICIO] MEMBER OF SANGGUNIANG BAYAN,
SANGGUNIANG PANLUNGSOD AND SANGGUNIANG PANLALAWIGAN, AND FOR,
OTHER PURPO:

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

Section 1. Section 424 of Republic Act No. 7160, otherwise known as the Local
Governm nt Code of 1991, is hereby amended to read as follows:
jee. 424. Katipunan ng Kabataan. - The Katipunan ng Kabataan shall be composed of
Filipino citizens actually residing in the barangay for at least six (6) months, who are
EIGHTEEN(18) BUT LESS THAN TWENTY-ONE (21) YEARS of age on the day of the
election, and who are duly registered in the list of the sangguniang kabataan or in the official
barangay list in the custody of the barangay secretary."

Section 2. Section 428 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, is hereby amended to read as follows

"See. 428. Qualifications. - An elective official of the Sangguniang Kabataan must be a
Filipino citizen, a qualified voter of the Katipunan ng Kabataan, a resident of the barangay for at
least one (1) year immediately prior to election, at least EIGHTEEN (18) YEARS BUT LESS
THAN TWENTY-ONE (21) YEARS OF AGE on the day of the election, able to read and
write Filipino, English, or the local dialect, and must not have been convicted of any crime
involving moral turpitude."

Section 3. Section 429 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, is hereby amended to read as follows

“See. 429, Term of Office. - The term of office of the Sangguniang Kabataan officials
elected under this Act shall commence at noon of November 30 next following their election
and shall end at noon on 30 November five years thereafter unless sooner removed for cause
as provided by law, permanently incapacitated, die or resign from office OR HAVE
REACHED THE AGE OF TWENTY-ONE”.

Section 4, Sections 436 to 438 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, pertaining to the Pederasyon ng mga Sangguniang Kabataan are
hereby repealed.


Section 5. Sections 329 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, pertaining to the general fund of the barangay fund is hereby
modified to read as follows:

“Sec, 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 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}

Section 6. Section 3 of RA 9164 is hereby amended to read as follows:

“Sec. 3. Registration. For purposes of the OCTOBER 2015 synchronized barangay
and Sangguniang Kabataan election provided under this Act, a special registration of voters
shall be fixed by the Commission on Elections (COMELEQ). Subsequent registration of
barangay and SK voters shall be governed by RA 8189.”

Section 7. Appropriations. - The amount necessary for the implementation of this Act
shall be taken from the appropriation of the Commission on Elections under the General
Appropriations Act and/or supplementary appropriations thereafter.

Section 8. Implementing Rules and Regulations. ~ The Commission on Elections and
the Department of Interior and Local Government shall promulgate such rules and regulations
necessary within sixty (60) days after its effectivity to implement this Act.

Section 9. Separability Clause. — If any of the provisions of this Act is declared
unconstitutional, the other provisions shall remain valid.

Section 10. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

Section 11. Effectivity. — This Act shall take effect fifteen (/5) days following its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,