FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
8 MAY 28 P3:3G 
Introduced by Senator Manny 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 concretize 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. 


FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
8 MAY 28 P3:36 
Introduced by Senator Manny Villar 
AN ACT RECOGNIZING THE POTENTIALS OF THE FILIPINO YOUTH 
CERTAIN RIGHTS AND FOR OTHER PURPOSES 
TOWARD NATION-BUILDING, PRESCRIBING THE FREE EXERCISE OF 
Be it enacted by the Senate and the House of Representatives in 
Congress assembled: 
SECTION 1. This Act shall be cited as the “Magna Carta for Youth.” 
ARTICLE I 
Declaration of Principles 
SEC. 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 of effecting 
progress and socio-political and moral transformation. 
SEC. 3. Guiding Principles. - The State shall recognize the vital role of the 
Filipino youth in nation-building, hence, the imperative of giving them their due 
share of moral duties and responsibilities toward themselves, the society and 
their country. Toward this end, 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”. Government in all levels shall adopt policies ensuring 
their 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 life. 
SEC. 4. Definition of Terms. - 
For purposes of this Act, the following terms 
. .  
shall mean: 
I. 
Youth refers to any individual belonging to the 15-24 age range. Youth 
may be classified according to the following sub-sectors: 
1 


a. 
b. 
C. 
d. 
In-School Youth refers to those who are either attending formal or non- 
formal educational programs. 
Out-of-School Youth refers to those who are neither enrolled in any formal 
or vocationaVtechnical school. 
Working Youth refers to those who are either employed, whether self- 
employed or employed by a public or private institution. 
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 II 
Access to Labor and Employment 
SEC.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. 
SEC. 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. 
SEC. 7. Prohibition Against Discrimination in Employment. No qualified 
youth shall be discriminated against 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 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 111 
A. Access to Education 
SEC. 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 requirements, and other pertinent consideration. 
vis their personal and cultural development and that of the nation. 
2) Youth shall have the right to relevant and competent instruction vis-& 


a. No youth shall be deified 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. 
c. 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 concerned of letters and other 
communications it receives in behalf of students. 
SEC. 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 in coordination with the Department of Education, 
Culture and Sports shall venture any undertaking to sort out funds for this 
purpose. 
B. Academic Freedom 
SEC. I O .  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: 
1. freedom of inquiry within the campus, in curricular activities and in the 
extracurricular student affairs; 
2. access information on matters of public concerns; 
3. 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; 
5. refuse any form of attempt to subject him or her to a process of 
indoctrination that will impose on him or her ideological homogeneity; 
6. free research in connection with academic work, and the publication, 
discussion and exchange of his findings and recommendations; 
7. question their curricula and if necessary, subject them to review and 
revision; 
3 


8. 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; 
9. adequate welfare services and curricular activities; and 
10.publish regular independent and student-controlled publications and/or 
print, circulate and/or mount leaflets, newsletter, posters, wall news, 
petitions and such other materials. 
SEC. 11. Conditional Admission. - No school policy shall oblige, compel, 
or demand or cause demand or pressure to a youth to sign waiver documents in 
exchange for admission or enrollment or re-admittance to the school. 
SEC. 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. 
SEC. 13. Freedom From Unwarranted interference. - to guarantee the 
freedom of student-youth from unwarranted interference while exercising their 
academic freedom granted herein this Act: 
. .  
1. Military detachments shall not be installed in campuses. 
2. Military elements and school security forces shall not interfere with student 
activities inside campuses, in particular student protest actions. 
3. No plainclothes policemen will be allowed entry into campuses, 
particularly during peaceful mass actions. 
ARTICLE IV 
Access To Health Care and Services 
SEC. 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. 
SEC. 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 
4 


Population (POPCOM) in consortium with the Department of Health (DOR) and 
all line-agencies of government concerned shall 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 
SEC. 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. 
SEC. 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 
shall only be such as are provided by law and are necessary. 
a. for 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, 
SEC. 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. The youth has the right to the protection of the law against 
such interference or attacks. 
SEC. 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. 
5 


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 
SEC. 20. Right to Organize. 1. 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. 
2. Subject to existing laws, the youth shall have the right to peaceably assemble 
and petition the government andlor 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: 
a. 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. 
b. 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. 
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. 
SEC. 21. Student CouncillGovernment. - Schools, colleges and 
universities shall recognize and ensure the democratic and autonomous 
existence of student councilslgovernments. 
SEC. 22. Prohibition Against the Use of Force and Exaction of Excessive 
Fees. I. 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. 
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: 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 ho may indulge into similar project or any 
form of income-generating activity invoking the student youth shall be required to 
6 


submit a written report of monetary income or otherwise generated from the 
project to the Local School Board. 
C. Participation in Policy Formulation 
SEC.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. 
SEC. 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 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. 
SEC. 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 
SEC. 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. 
ART1 CLE .VI 
Political Repression 
SEC. 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 persons 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. 
SEC. 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. 
SEC. 29. Non-Validity of Blacklisting, Expulsion, Suspension and Other 
Disciplinary Sanctions. The blacklisting, expulsion, suspension, and other such 
7 


disciplinary sanctions that maybe taken against a youth shall not be valid unless 
the following rights have been observed and accorded the youth: 
1. presumption of innocence; 
2. remain silent, to the assistance of counsel, and to be'informed of these 
rights; 
3. procedural fairness in disciplinary proceedings; 
4. be punished for act that were not grounds for disciplinary aEtion when 
they were committed; 
5. written notice of the charges and reasonable time to answer them and 
prepared for the hearing; 
6. a hearing before suspension or expulsion; 
7, be informed in writing of the nature and cause of the accusation against 
him or her; 
8. confront witnesses against him or her and to full access the evidence in 
the case; 
9. defend himself/herself and to be defended by a representative 
or counsel of hidher choice, adequate time being given himlher for the 
preparation of hidher defense; 
10. a hearing before an impartial adjudicatory body; 
11. against self-incrimination; 
I 2. appeal adverse decisions; and 
13. 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. 
SEC. 30. Due Process. - No youth shall be held liable for any offense 
without due process. Arbitrary administrative measures and penalties for youth 
shall not be allowed. Pursuant to the provision of this section, the youth shall be 
vested the following rights: 
1. to freedom from arbitrary arrest, from arbitrary searches and seizures. and the 
right to resort to the writ of habeas corpus and to speedy, impartial and public 
List WU. 
2.to reasonable bail, and the right to freedom from double jeopardy, excessive 
fines arid cruel or unusual punishment; and 
3. to defend himself/herself, to be heard and to present evidence on hidher 
behalf before an impartial body. 
SEC. 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: 
8 


1. Searches made at the point of ingress and egress by designated 
authority; 
2. Searches and seizures of illegal article or articles falling in the plain view 
of duly designated authority; 
3. Searches and seizures of articles that are illegal, discovered inadvertently 
by duly designated authority; 
4. 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 
5. Searches made with a valid search warrant. 
Articles seized in violation of the herein above provided rights shall not he used 
as evidenced against the youth in any disciplinary action that may be brought 
against himlher. 
SEC. 32. Access to Personal Records and Confidential Treatment. - 
Subject to the provision of the following section, every youth shall have access to 
hidher own personal records, the confidentiality of which institutions concerned 
shall maintain. 
SEC. 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 Vll 
General Provisions 
SEC. 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. 
SEC. 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. 
SEC. 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 Sand individual development, including his or her cultural and 
spiritual development. 
SEC. 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 
9 


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 
and to practice their own religion and language. 
SEC. 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. 
SEC. 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. 
SEC. 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. 
SEC. 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. 
SEC. 42. Firearms Ban. Youth shall not be allowed to carry firearms at all 
time. 
ARTICLE Vlll 
Final Provisions 
SEC. 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. 
SEC. 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 an other 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 (PlO,OOO.OO) nor more than Fifty Thousand Pesos 
(PSO,OOO,OO) 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 
10 


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 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. 
SEC. 45. Separability Clause. If any provision of this \ct is declared invalid, 
the remainder thereof not affected thereby shall continue to be in full force and 
effect. 
SEC. 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. 
SEC. 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, 
11