Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.___ 4786

introduced by: DEPUTY SPEAKER PABLO P. GARCIA

EXPLANATORY NOTE

It was the legendary Justice Holmes of the United States Supreme Court who
once wrote:

“The Life of the Law has not been logic, it has been experience.”

It could have been some allusion to the logic of involving the youth in the affairs
of government so as to train and prepare them for future leadership, that led to the
creation of the Kabataang Barangay (KB) and later, the Sangguniang Kabaan (SK), so
as to become integral components of the focal governments of the barangay,
municipality, city and province.

This idea of involving the youth in governance gained prominence during the
Martial Law years with the issuance of Presidential Decree No. 684 by then President
Ferdinand Marcos. In 1991, the participation of the youth in local governments was no
longer through the KB but through the SK as created under R.A. No. 7160, otherwise
known as the Local Government Code (LGC).

Alas, through the years, after three (3) SK elections and one postponement,
experience has demonstrated to us that the logic of the idea of getting the participation
of the youth in the affairs of the government so as to train and prepare thern for future
leadership tumed out to be empty and illusory. There could be no reat and meaningful
participation by the youth at the ages of 15 to 18 as most, if not all, of them are still
enrolled in schools either in high school or college. And, for their own good, they have to
attend to their education full time than to be involved in local governance where their
contribution, if at all, is minimal. This is especially so when they are already in college
and where their schools are located in cities or provincial capital far from their places of
residence.

in short, it is decidedly in the national interest that our youth should attend fully to
their education first before involving themselves in other extraneous activities,

But what is most deplorabie and regrettable is the fact that instead of being
trained and prepared for positions of responsible feadership, the youth are being
initiated into the ways and practices of traditional politics such as vote buying,
quartering and other corrupt election practices. And as commonly observed, there is no
real and democratic representation for the youth in the policy-making bodies of the local
govemments because those elected are usually the children of moneyed and well


connected, such as the children and relatives of barangay, municipal, city or provincial
officials.

But this is not alll And there's something that the framers of the Local
Goverment Code could just have overlooked. In the creation of SK, the LGC entities
children between the ages of 15 to less than 18 to exercise the rights of suffrage and
vote. This is in violation of Section 1, Article V of the Constitution which provides that
suffrage may be exercised only by citizens who are at least 18 years of age.

And as to those SK Members who are about 18 but below 21, under our law they
are no longer children but are already adutts and of the age of majority and entitled to
vote for all national and local officials. So, they can actually vote twice for the SK
election and for the local and national elections in violation of the democratic principle of
one man one vote.

There is some legal problem with SK Members who are 15 to less than 18 years
of age. Under the taw they are still minors (the age of majority is 18) and therefore do
not have the legal capacity to act. “Capacity to act” is the power to do acts with legal
effect (Article 37 of the Civil Code). And under the Juvenile Justice and Welfare Act
(R.A. No. 9344) they are not criminally responsible if they violate the penal laws or
commit crimes. So what kind of official acts, such as resolutions, etc., can they
authoritatively do when under the law they do not have the power to do acts with legal
effect? And if they commit falsification of public documents, commit graft and corruption
with respect to SK funds, what kind of SK government shall we have when some SK
Officials can commit serious crimes with impunity? In short, accountability in public
service is hardly attainable.

All told, from experience and with the legal and constitutional implications of its
structure and operation, the creation of SK was a big mistake. It may be conceded,
given the presumption of good faith and regularity, that its creation was motivated with
the best of intentions. But our experience in the country has shown that good intentions
do not necessarily make good laws. So, lawmakers should always be reminded of the
caveat that the road to hell is paved with good intentions. We are not yet there, in the
case of the SK fiasco, but we are already smelling it in the distance, so to speak, and
we must do something bold and drastic now or else we will get there, much against our
better judgment and much to our regrets.

This bill, therefore, seeks to abolish the Sangguniang Kabataan for failing to
achieve its assigned objectives. Instead of being a tool in the training of the youth in
Meaningful governance, it has become a tool in their exploitation by unscrupulous
politicians. Instead of starting them young in govemance, youth leaders are exposed
early to things that can easily lead them to corruption.

In view of the foregoing, the early approval of this bill is eamestly requested.

PABLOP. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4786

Introduced by: DEPUTY SPEAKER PABLO P. GARCIA

AN ACT
ABOLISHING THE SANGGUNIANG KABATAAN, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT
CODE OF 1991

8e it enacted by the Senate and the House of Representatives in Congress
assembled:

SECTION 1. The Sangguniang Kabataan, created and governed by Chapters 8
and 9, Title 1, Book IIl of Republic Act No. (RA) 7160, otherwise known as the Local
Government Code, is hereby abolished.

SECTION 2. Section 390, Chapter 4, Title t, Book Ill of RA 7160 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 sangguniang kabataan
chairman}, as members.”

SECTION 3. Paragraph (a) of Sec. 439, Chapter 10, Title 1, Book Ill of RA 7160,
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 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.

SECTION 4. Par. (a) of Sec. 446, Article 3, Chapter 3, Title 2, Book III of RA
7160 is hereby amended to read as follows:

“Section 446. Composition. - (a) The sangguniang bayan, the
legislative body of the municipality, shall be composed of the municipal
vice-mayor as the presiding officer, the regular sanggunian members, the
president of the municipal chapter of the liga ng mga barangay, [the
president of the pambayang pederasyon ng mga sangguniang kabataan,]
and the sectoral representatives, as members.”


SECTION 5. Par. (a) of Sec. 457, Article 3, Chapter 3, Title 3, Book Ill of RA
7160 is hereby amended to read as follaws:

“Section 457, Composition.- (a) The sangguniang panlungsod, the
legistative body of the city, shall be composed of the city vice-mayor as
presiding officer, the regular sanggunian members, the president of the
city chapter of the liga ng mga barangay, [the president of the panlungsod
na pederasyon ng mga sangguniang kabataan,] and the sectoral
representatives, as members.”

SECTION 6. Par. (a) of Sec. 467, Article 3, Chapter 3, Title 4, Book II of RA
7160 is hereby amended to read as follows:

“Section 467. Composition. - (a) The sangguniang panialawigan,
the legislative body of the province, shafl be composed of the provincial
vice-governor as presiding officer, the regular sanggunian members, the
president of the provincial chapter of the liga ng mga barangay, [the
president of the panlalawigang pederasyon ng mga sangguniang
kabataan,] the president of the provincial federation of sanggunian
members of municipalities and component cities, and the sectoral
Tepresentatives, as members.”

SECTION 7. Transitory Provision. — Incumbent officers and members of the
Sangguniang Kabataan elected in the 2010 barangay elections shall continue to hold
office and perform the functions and duties of their office for the duration of the term for
which they had been elected.

SECTION 8. Repeating Clause. — Chapters 8 and 9, Title 1, Book III of RA 7160
are hereby repealed. All laws, executive orders, rules and regulations or any part
thereof inconsistent with the provisions of this Act are hereby deemed repealed,
modified or amended accordingly.

SECTION 9. Separability Clause. - In case any provision of this Act is declared
unconstitutional or invalid, the other provisions hereof which are not affected thereby
shall continue to be in full force and effect.

SECTION 10. Effectivity. — This Act shall take effect after its publication in two
(2) national newspapers of general circutation

Approved.