REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Manila

FIFTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No_ 2965

Introduced by Representative Anthony RolandoT. Golez, Jr

EXPLANATORY NOTE

Article I, Section 13 of the 1987 Constitution provides that “The State
recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being, It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.

Thus, representation of youth in all facets of governance, notwithstanding its
talents, skills, and competencies, is an effective catalyst for social transformation.

In view thereof, amendments of Section 387 paragraph (a) and 390 and all
Chapter of Sangguniang Kabataan of Republic Act 7160 known as the Local

Government Code is needed to include YOUTH REPRESENTATIVE as members of
Sangguniang Barangay.

Approval of the bill is earnestly sought.

“Aes


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Manila

FIFTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No_ 2965

Introduced by Representative Anthony Rolando T. Golez, Jr

AN ACT
REFORMING THE YOUTH SECTOR PARTICIPATION IN THE BARANGAY
COUNCIL AND AMENDING FOR THE PURPOSE SECTIONS 387, 390, AND THE
SANGGUNIANG KABATAAN OF REPUBLIC ACT 7160 OTHERWISE KNOWN AS
LOCAL GOVERNMENT CODE AND FOR OTHER PURPOSE

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

SECTION 1. Chapter 2, Barangay Officials and Offices, Section 387 of
Republic Act No. 7160 is hereby amended to read as follows:

“Section 387 Chief Officials and Offices - There shall be in each barangay a
punong barangay, seven (7) sangguniang barangay members, [the sangguniang
kabataan chairman] YOUTH REPRESENTATIVE, a barangay secretary, and a
barangay treasurer.

x x x

SECTION 2. Chapter 4, The Sanguniang Barangay, Section 390 of the same
act is hereby amended to read as follows:

“Section 390 Composition - The sangguniang barangay, the legislative body
of the barangay, shall be composed of the punong barangay as presiding officer, and
the seven (7) regular sangguniang barangay members elected at large and the
(sangguniang kabataan chairman] YOUTH REPRESENTATIVE, as members.


SECTION 3. Chapter 8, of the same Act is hereby amended to read as follows:
“Chapter 8. (Sanguniang Kabataan] YOUTH REPRESENTATIVE

SECTION 4. Section 423, paragraph (a) and (b) of the same Act are hereby
amended to read as follows:

“Section 423. Creation and Election (a) There shall be in every barangay a
[sangguniang kabataan] YOUTH REPRESENTATIVE to be composed of THE YOUTH
REPRESENTATIVE [a chairman, seven (7) members}, a secretary, and a treasurer.

(b) A [sangguniang kabataan] YOUTH REPRESENTATIVE official who during
his term of office, shall have passed the age of [twenty one (21)] TWENTY TWO (22)
years shall be allowed to serve the remaining portion of the term for which he was
elected.

SECTION 5. Section 424 of the same Act is hereby amended to read as
follows:

Section 424. Katipunan ng kabataan. - The katipunan ng Kabataan shall be
composed of all a citizens of the Philippines actually residing in the barangay for at
least [six (6) months] ONE (1) YEAR, who are [fifteen (15)] EIGHTEN (18) but not
more than [twenty one (21)] TWENTY TWO (22) years of age, and who are duly
registered [in the list of the sanguniang kabataan or] in the official barangay list in
the custody of the barangay secretary.

SECTION 6. Section 425. of the same Act is hereby amended to read as
follows:

“Section 425 Meetings of the Katipunan ng Kabataan. - The katipunan ng
kabataan shall meet at least once every three (3) months, or at the call of the
chairman of the {sangguniang kabataan] YOUTH REPRESENTATIVES or upon
written petition of at least one-twentieth (1/20) of its members, to decide on
important issues affecting the youth of the barangay.

SECTION 7. Section 426 and paragraph (c) of the same Act are hereby
amended to read as follows:

“Section 426. Powers and Function of the [Sangguniang Kabataan.] YOUTH
REPRESENTATIVE ~ The [sangguniang kabataan] YOUTH REPRESENTATIVE shall:

x © oe


“(c) Hold fund-raising activities, the proceeds of which shall be a tax-exempt
and shall accrue to the general fund of the [sangguniang kabataan] YOUTH
REPRESENTATIVE: Provided, however, That in the appropriation thereof, the
specific purpose for which such activity has been held shall be first established;

x x Xx
SECTION 8, Section 427 is hereby amended to read as follows:

“Section 427. Meetings of the [Sangguniang Kabataan) YOUTH
REPRESENTATIVE. The [sangguniang kabataan] YOUTH REPRESENTATIVE shall
meet regularly once a month on the date, time, and place to be fixed by the said
YOUTH REPRESENTATIVE. Special meetings may be called by the [sangguniang
kabataan chairman] YOUTH REPRESENTATIVE or any three (3) [of its] members of
THE KATIPUNAN NG KABATAAN by giving written notice to all members of the
date, time, place, and agenda of the meeting at least one (1) day in advance. Notices
of a regular or special meetings shall be furnished the punong barangay and
sanguniang barangay.

A majority of the members of the (sangguniang kabataan] KATIPUNAN NG
KABATAAN shall constitute a quorum.

SECTION 9. Section 428 of the same Act is hereby amended to read as
follows:

“Section 428. Qualifications. - An elective official of the (sangguniang
kabataan] YOUTH REPRESENTATIVE must be a citizen of the Philippines, 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 {fifteen (15)] EIGHTEEN (18) years but
hot more than [twenty one (21)] TWENTY TWO (22) years of age on the day of his
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 10. Section 429 of this Act is hereby amended to read as follows:

“Section 429. Term of Office. The [sangguniang kabataan chairman] YOUTH
REPRESENTATIVE [and members] shall hold office for a period of three (3) years,
unless sooner removed for a cause as provided by law, permanently incapacitated,
die or resign from office.

SECTION 11. Section 430 of the same Act is hereby amended to read as follows:

“Section 430. [Sangguniang Kabataan Chairman] YOUTH REPRESENTATIVE.
~ The registered voters of the katipunan ng kabataan shall elect the [chairman of the
sangguniang kabataan] YOUTH REPRESENTATIVE who shall automatically serve as
an ex officio member of the sangguniang barangay upon his assumption to office. As


such he shall exercise the same powers, discharge the same duties and functions and
enjoy the same privileges as the regular sangguniang barangay members, and shall
be the chairman of the committee on youth and sports development in said
sanggunian.

SECTION 12. Section 431, paragraph (a), (c) and (d) of the same act are
hereby amended to read as follows:

“Section 431, Powers and Duties of the [Sangguniang Kabataan Chairman]
YOUTH REPRESENTATIVE. - In addition to the duties which may be assigned to him
by the sangguniang barangay, the [sangguniang kabataan chairman] YOUTH
REPRESENTATIVE shall:

(a) Call and preside over all meetings of the katipunan ng kabataan [and the
sangguniang kabataan].

x x 8

(c) Exercise general supervision over the affairs and activities of the
[sangguniang kabataan] KATIPUNAN NG KABATAAN [and the official conduct of its
members and such other officer of the sangguniang kabataan] within his
jurisdiction.

(@) With the concurrence of the [sangguniang] KATIPUNAN NG kabataan,
appoint from the members of the [sangguniang kabataan] KATIPUNAN NG
KABATAAN, the secretary and the treasurer, and such other officers as may be
deemed necessary;

x x ox

SECTION 13. Section 432, paragraph (a), (b) and (d) of the same Act are
hereby amended to read as follows:

“Section 432. [Sangguniang Kabataan] YOUTH REPRESENTATIVE Secretary.
~ The {sangguniang kabataan] YOUTH REPRESENTATIVE secretary shall:

(a) Keep all records of the katipunan ng kabataan and {sangguniang
kabataan] YOUTH REPRESENTATIVE;

(b) Prepare and keep the minutes of all meetings of the katipunan ng
kabataan and [sangguniang kabataan] YOUTH REPRESENTATIVE;

K ox Xx


(d) Perform such other duties and discharge such other functions as the
[chairman of the sangguniang kabataan] YOUTH REPRESENTATIVE may
prescribe or direct.

SECTION 14. Section 433, paragraph (a), (b), (0), (e), and () are hereby
amended to read as follows:

“Section 433. [Sangguniang Kabataan] YOUTH REPRESENTATIVE Treasurer.
~ The [sangguniang kabataan] YOUTH REPRESENTATIVE Treasurer shall:

(a) Take custody of all [sangguniang kabataan] YOUTH REPRESENTATIVE
property and funds not otherwise deposited with the city or municipal
treasurer;

(b) Collect and receive contributions, monies, materials, and all other
resources intended for the [sangguniang kabataan] YOUTH
REPRESENTATIVE and the katipunan ng kabataan;

(0) Disburse funds in accordance with an approved budget of the
[sangguniang kabataan] YOUTH REPRESENTATIVE;

(e) Submit to the [sangguniang kabataan] YOUTH REPRESENTATIVE and to
the sangguniang barangay certified and detailed statements of actual
income and expenditures at the end of every month; and

(A) Perform such other duties and discharge such other functions as the
{chairman of the sangguniang kabataan] YOUTH REPRESENTATIVE may
direct.

SECTION 15. Section 434 is hereby amended to read as follows:

“Section 434 Privileges of [Sangguniang Kabataan] YOUTH
REPRESENTATIVE [Officials]. - The [sangguniang kabataan chairman] YOUTH
REPRESENTATIVE shall have the same privileges enjoyed by other sangguniang
barangay officials under this code subject to such requirements and limitations
provided herein. During their incumbency, [sangguniang kabataan] YOUTH
REPRESENTATIVE [officials] shall be exempt from payment of tuition and
matriculation fees while enrolled in public tertiary schools, including state colleges
and universities. The National Government shall reimburse said college or
university the amount of the tuition and matriculation fees: Provided, That, to
qualify for the privilege, the said officials shall enroll in a state college or university,
within or nearest their area of jurisdiction.

SECTION 16. Section 435 paragraph (a), (b), and (d) of this Act are hereby
amended and delete paragraph (c) to read as follows:


“Section 435. Succession and Filling of Vacancies. - (a) In case a [sangguniang
kabataan chairman] YOUTH REPRESENTATIVE refuses to assume office, fails to
qualify, is convicted of a felony, voluntarily resigns, dies, is permanently
incapacitated, is removed from office or has been absent without leave for more
than three (3) consecutive months, the [sangguniang kabataan] KATIPUNAN NG
KABATAAN member who obtained the next highest number of votes in the election
immediately preceding shall assume the office of the [chairman] YOUTH
REPRESENTATIVE for the unexpired portion of the term, and shall discharge the
powers and duties and enjoy the rights and privileges appurtenant to the office. In
case the said member refuses to assume the position or fails to qualify, the
[sangguniang kabataan] KATIPUNAN NG KABATAAN member obtaining the next
highest number of vote shall assume the position of the [chairman] YOUTH
REPRESENTATIVE for the unexpired portion of the term.

(b)Where two (2) or more [sangguniang kabataan] KATIPUNAN NG KABATAAN
members obtained the same next highest number of votes the [other sangguniang
kabataan] KATIPUNAN NG KABATAAN members shall conduct an election to choose
the successor to the chairman from among the said members.

(d)In case of suspension of the {sangguniang kabataan chairman] YOUTH
REPRESENTATIVE, the successor, as determined in subsections (a) and (b) of this
Section shall assume the position during the period of such suspension.

SECTION 17. Chapter 9 is hereby amended to read as follows:

“Chapter 9 Pederasyon ng mga [Sangguniang Kabataan] YOUTH
REPRESENTATIVES.

SECTION 18. Section 436 and paragraph (a) with its succeeding sub-
paragraph, paragraph (b) and its sub-paragraph (1) and paragraph (c) are hereby
amended to read as follows:

“Section 435. Pederasyon ng mga [Sangguniang Kabataan] YOUTH
REPRESENTATIVES. - (a) There shall be an organization of all the pederasyon ng
mga [sangguniang kabataan] YOUTH REPRESENTATIVES to be known as follows:

(1) in municipalities, pambayang pederasyon ng mga [sangguniang kabataan]
YOUTH REPRESENTATIVES;

(2)in cities, panlungsod na pederasyon ng mga [sangguniang kabataan]
YOUTH REPRESENTATIVES;

(3) in provinces, panlalawigang pederasyon ng mga [sangguniang kabataan]
YOUTH REPRESENTATIVES;


(4)in special metropolitan political subdivisions, _pangmetropolitang
pederasyon ng mga [sangguniang kabataan] YOUTH REPRESENTATIVES;
and

(5)on the national level, pambansang pederasyon ng mga [sangguniang
kabataan] YOUTH REPRESENTATIVES

(b)The pederasyon ng mga [sangguniang kabataan] YOUTH
REPRESENTATIVES shall, at all levels, elect from among themselves the
president, vice president and such other officers as may be necessary and
shall be organized in the following manner:

(1) The panlungsod and pambayang pederasyon shall be composed of the
{sangguniang kabataan chairmen] YOUTH REPRESENTATIVE of
barangays in the city or municipality, respectively;

x ox x

(c) The elected presidents of the pederasyon at the provincial, highly
urbanized city, and metropolitan political subdivision levels shall
constitute the pambansang katipunan ng mga [sangguniang kabataan]
YOUTH REPRESENTATIVE.

SECTION 19. Section 437 of the same Act is hereby amended to read as
follows:

“Section 437 Constitution and By-Laws. - The term of office, manner of
election, removal and suspension of the officers of the pederasyon ng mga
{sangguniang kabataan chairman] YOUTH REPRESENTATIVES at all levels shall be
governed by the constitution and by-laws of the pederasyon in conformity with the
provisions of this Code and national policies on youth.

SECTION 20. Section 438 paragraph (a) of the same Act is hereby amended
to read as follows:

“Section 438. Membership in the Sanggunian. - (a) A [sangguniang kabataan
chairman] YOUTH REPRESENTATIVE shall, upon certification of his election by the
Comelec and during his tenure of office is elected as pederasyon president, serve as
an ex officio member of sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang bayan, as the case may be, without need of further appointment,

x x Xx

SECTION 21. Chapter 10. Section 439 paragraph (a) of the same Act is
hereby amended to read as follows:


“Section 439 Observance of Linggo ng Kabataan. - (a) Every barangay,
municipality, city and province shall, in coordination with the pederasyon ng mga
[sangguniang kabataan] YOUTH REPRESENTATIVES at all levels, conduct an annual
activity to be known as the Linggo ng Kabataan on such date as shall be determined
by the Office of the President.

x x Xx

SECTION 22, Separability Clause - If, for any reason or reasons any part or
provision of this Code shall be held to be unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby shall continue to be in full force
and effect.

SECTION 23. Effectivity Clause - This Code shall take effect after its complete
publication in at least one (1) newspaper of general circulation.

APPROVED,