SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 136

INTRODUCED BY HON. MARK A. VILLAR

EXPLANATORY NOTE

The 1987 Philippine Constitution has enshrined the principle of the State
recognizing the role of the youth in nation-building and that it shall promote and
protect their physical, moral, spiritual, intellectual and social well-being. Further, it
shall inculcate in the youth patriotism and nationalism and encourage their
involvement in public and civic affairs.

The care for the total well-being of the youth has been given emphasis by the
basic framework of the law and yet the youth seems to be a neglected and
underestimated sector in our society. There is a need therefore to craft a specific
working framework that will. be the guiding principles of the youth as they trudge the
road to growth and in the realization of our national hero's dream that the youth is
the hope of the motherland,

This bill proposes to conecretize the ideals of the Constitution h
institutionalizing the rights and freedoms and protection of the , youth in all aspects
of their lives. This puts into reality the tenet of youth empowerment which should
have long been extended to this young generation.

In this way, the youth will not lose their way iii carrying out then important
constitutional role in nation building. The support to our youth must not only be full
but also unconditional because in their hands depend the future of the country and
our people.

The approval of this bill is therefore recommended.

G2 KA
MARK A. VILLAR


SIXTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

ESE

INTRODUCED BY HON. MARK A. VILLAR

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

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

SECTION 1. This Act shall be cited as the “Magna Carta for Youth.”

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3 ARTICLE |

4 Declaration of Principles

6 SECTION 2. Declaration of Policy. - It is hereby declared the policy of the

7 State to promote and protect the rights and welfare of the youth to enable them to
8 actively and effectively participate in democratic processes of effecting progress and
9 socio-political and moral transformation

" SECTION 3. Guiding Principles. - The State shall recognize the vital role of
12 the Filipino youth in nation-building, hence, the imperative of giving them their due
13 share of moral duties and responsibilities toward themselves, the society and their
14 country. Toward this end, the youth shall be encouraged to be gctively involved in
1s public and civic affairs, in the promotion: and protection of their physical, moral,
16 Spiritual, intellectual, and social well-being and in the enhancement of an orderly,
17 harmonious, sustainably progressive and politically determined society. All efforts
18 shall be exerted by the State to remove any form of prejudices against the youth.

9 The State shall continue to extend full support for the youth's total well-being
20 and for their consequent recognition as “the nation’s only hope for the future”
21 Government in all levels shall adopt policies ensuring their empowerment,
22 emancipation; self-reliance and development through the enhancement of their skills
23 and potentials that will enable them to compete favorably for available opportunities,
24 become significant contributors to national progress and foster more meaningful,
25 productive and satisfying life.

27 SECTION 4. Definition of Terms. - For purposes of this Act, the following
28 terms shall mean:


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

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

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

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

d) 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 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. It shall take legislative, administrative, social and
educational measures to ensure the implementation of this Act.

SECTION 6. Equal. Opportunity and Treatment. - The youth shall be free
from any form of discrimination, with respect to recruitment and conditions of
employment, such that they may enjoy equal opportunities for admission to
employment, medical and social assistance, safety as well as other occupationally-
related benefits, informed of their rights under existing labor legislation and of means
available to them for redress, not subject to any coercive recruitment systems,
included bonded labor; and other forms of debt servitude; and equal treatment in
labor and employment for the youth, including the protection from sexual
harassment. :

SECTION 7. Prohibition Against Discrimination in -Employment. No
qualified youth shall be discriminated against with 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 on account of his or her
age, handicap, socio-economic status, sexual, religious and political orientation or
membership in an organization, club, or grouping.

ARTICLE It
A. Access to Education

SECTION 8. Access to Education. - 1) The State shall ensure that the youth
are provided 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
Tequirements, and other pertinent consideration. a


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

¢) School administration shall provide the youth with adequate welfare services
and academic facilities which 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 concemed 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‘loarr programs,
subsidies, and other incentives in both public and private schools. The National
Youth Commission in coordination with the Department of Education shall venture
any undertaking to sort out funds for this purpose.

B. Academic Freedom

SECTION 10 . Academic Freedom. - Pursuant to the principles of this Act,
the following rights are hereby granted to the youth, and the exercise of such rights
are hereby mandated:

a) freedom of inquiry within the campus, in curricular activities and in the
extracurricular student affairs;

b) access information on matters of public concerns;

©) 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;

4) invite outside speakers, and the school authorities may not veto their invitation
solely on the basis of the credentials of the speaker;

€) 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) free research in connection with academic work, and the publication,
discussion and exchange of his findings and recommendations;

9) question their curricula and if necessary, subject them to review and revision;

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

i) adequate welfare services and curricular activities; and

j) 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 demand or pressure to a youth to sign waiver documents in


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‘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 on 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 has 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. d

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 shalll provide comprehensive family planning
and STD services and educational arid 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


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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. — a.) 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.
b). 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
¢). The exercise of such rights may be subjected to certain restrictions, but this shall
only be such as are provided by law and are necessary:
1) for respect of the rights or reputations of others; or
2) for the protection of national security or public order, or of, public health or
morals. =

SECTION 18. Inviolability of Communication and Correspondence. -
The
privacy of communication and correspondence among youth shall be inviolable. b.
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.
The youth has the right to the protection of the law against such interference or
attacks.

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 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 a 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 before the
lapse of the prescribed term usually for the school year.

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

B, Organization and Free Assembly

SECTION 20. Right to Organize. a) The State shall recognize the rights of
the youth to form and join association 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.


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b) 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 he totally respected and no form of intimidation or
harassment shall be tolerated. Toward this end

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

2) The existence of any youth organization shall be subjected only to regulations
that do not unduly hamper their activities and that are formulated with genuine
youth participation.

3) 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. a) Imposing, demanding or any form of 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.

b) 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 folléwing: name of the
sponsoring agency, title of the project, noble objectives of the project and 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 Schoo! Board.

C. Participation in Policy Formulation

SECTION23. 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. School 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

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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 ah 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.

RTICLE VI

Political Repression

SECTION 27. Freedom From Violence, Harassment and Discrimination. —
a) 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 persons who has the authority over the youth

b) Such protective measures should, as appropriate, include effective procedures for
the establishment of social programs to provide necessary suppert 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 interest 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 maybe taken against a youth shall not be valid unless the
following rights have been observed and accorded the youth

a) presumption of innocence;

b) remain silent, to the assistance of counsel, and to be informed of these rights;

©) procedural faimess in disciplinary proceedings;



d) be punished for act that were not grounds for disciplinary action when they

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3 e) written notice of the charges and reasonable time to answer them and
4 prepared for the hearing;

s f) a hearing before suspension or expulsion;

6 g)_be informed in writing of the nature and cause of the accusation against him
7 or her, ie

8 h) confront witnesses against him or her and to full access the evidence in the
9 case;

10 i) defend himself/herself and to be defended by a representative or counsel of

n his/her choice, adequate time being given him/her for the preparation of
2 his/her defense;

B i) a hearing before an impartial adjudicatory body;
14 k) against self-incrimination;

5 !) appeal adverse decisions; and

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

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20 SECTION 30. Due Process. - No youth shall be held liable for any offense

21 without due process. Arbitrary administrative measures and penalties for youth shall
22. not be allowed, Pursuant to the provision of this section, the youth shall be vested
23 the following rights:

24 a) to freedom from arbitrary arrest, from arbitrary searches and seizures. and the
25 right to resort to the writ of habeas corpus and to speedy, impartial and public
26 trial

2 b) to reasonable bail, and the right to freedom from double jeopardy, excessive
28 fines arid cruel or unusual punishment; and

2 c) to defend himselffMerself, to be heard and to present evidence on hisher
30 behalf before an impartial body.

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32 SECTION 31, Unreasonable Searches and Seizures. - Every youth shall be

33. free from any form of unreasonable search and seizure. Except for the following
34 _ instances no search or seizure of a student shall be deemed valid:

35 a) Searches made at the point of ingress and egress by designated authority;
36 b) Searches and seizures of illegal article or articles falling in the plain view of
” duly designated authority;

#8 c) Searches and seizures of articles that are illegal, discovered inadvertently by
39 duly designated authority;

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

2 e) Searches made with a valid search warrant.

“a

44 Articles seized in violation of the herein above provided rights shall not he
45 used

46 as evidenced against the youth in any disciplinary action that may be brought
47 against hinv/her.

48 =
49 SECTION 32. Access to Personal Records and Confidential Treatment. -


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Subject to the provision of the following section, every youth shall have access to
his/her own personal records, the confidentiality of which institutions concerned shall
maintain

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 VI
General Provisions

SECTION 34. Recognition of their Rights. - The State shall recognize 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 extension, subject to
available resources, to the eligible youth and those responsible for his or her care, of
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 de 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. — a) 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

b) Youth in indigenous cultural communities have the right to enjoy their cultural 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


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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 youth have no direct part in hostilities. No youth below 21 shall be
recruited into the armed forces, The State shall likewise ensure the protection of
youth who are affected by armed conflict. Toward 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, takes the youths age into account 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. Youth shall not be allowed to carry firearms at
all
time.

ARTICLE VIII
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 rules
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 &ny 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 than 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 and Deportation (BID). 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 govemment 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.

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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,

u