Republic of the Philippines
HOUSE 0F REPRESENTATIVHS
NINETEENTH CONGRESS
Second Regular Session
rfousEBILLNO.9273
Introduced by Hon. Representatives Florida 6`Rida" P. Robes of the
Lone District of the City of Sam Jose del Monte, Bulacan
EXPLANATORY NOTE
The  State Policy of the  Philippines under AHi.a/e 2, Se€fl.an  J3 a/ /987 ConsfJ.fHffo#
provides that:
"Section  13. The State recognizes the vital role of the youth  in
nation-building  .and thus,  promotes and protects their physical,
moral,  spiritual,  intellectual  and  social  well-being,  inculcates  in
them  patriotism,  nationalism  and  other  desirable  values,   and
encourage, their involvement in public and civic affairs.
Towards this  end,  the  State  shall  establish  adequate,  effective,
responsive and enabling mechanisms and support systems that wi I I
ensure   the   meaningful   participation   of  the   youth   in   local
governance and nation-building."
The  contribution  of  the  youth   in  social   and  economic  development  cannot  be
overemphasized. Our youth is the backbone of any nation and one of its primary driving force.
Thus, it is imperative that we invest in oLir young people and provide them with opportunities
to lean, grow and succeed.  In today's time, the youth increasingly playing important roles in
civil society organizations and social enterprises that are working to create positive change in
their communities. Organizations and fomms are often led by youth and are focused on issues
that have huge significance such as education, employment, and civic engagement,
It can be said that the youth are the leaders of tomorrow but can also be the leaders of
today.However,.mRepublicActNo.11768,orothe:r`N.isekmownastheSangguniangKabataan
(SK) Reform Act Of 2015 prowhdimg for tine "disqualification Of SK candidates to run for any
SK position if the latter has any relative within second civil degree to arty incumbent, elected
government offilcial regional, provincial, city municipal, or barangqy offilcial, in the locality
wfecre ire or she seeds /a be c/ec/ed".  The disqualification seeks to address the Dynastic Culture
in Philippine Politics. Unforfunately, the aforesaid provision is discriminatory and prejudicial
against  well-abled  SK  candidates  who  possess  leadership  qualities  and  are  distinctively
competent in the formulation and implementation of youth programs merely because of their
family lineages.
Speciflcally,  provision  in  the  said  Law  violates  the  equal  protection  clause  under
SccJJ.o7z /, 4rfi.c/c 3 a/j987 CousfJ./#/I-o# .The equal protection clause requires that all persons


similarly situated should be treated alike both as to rights and opporfunities imposed. Further,
under the constitutional principle, similar subjects should not be treated differently as to give
undue  favor to  some  and  unjustly  discriminate  against  others.  SK  Candidates  are  no  less
different from local and national elective candidates, they all bid for public positions. However,
the prohibition only applies against aspiring SK candidates.
Moreover, the provision runs counter against the freedom of access to opportunities for
public service under Section 26. It hinders avenue and possibilities to expand their skills and
knowledge   that   may   potentially   pave   their   career   in   public   service.   In   effect,   the
disqualification forfeits the core objective of creating SK which provides opportunity for young
people  to  directly  participate  in  local  governance just  because  their  family  relatives  were
already in elective position.
The Philippines as a democratic country, through our election process, already provides
sufficient safeguards to deter political concentration of power and adequate competition among
potential candidates. Therefore, the prohibition is no longer necessary.
In view of the foregoing, the passage of this Bill is earnestly sought.
TF|J~        A;J! I Nf JHAVS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
NINETEEI`ITH C ONGRESS
Second Rngu]ar Session
ifousEB|LLNo.9273
Introduced by Hon. Representatives Florida "Rida" P. Robes of the
Lone District of the City of Sam Jose del Monte, Bu]acan
AN ACT
INTRODucING     ARENDnmr`IT     To     THE     QUALITlcATloNs
PRESCRIBED IN SECIION 10 OF TIIE REPUBLIC ACT NO.11768 0R
TFTE "SANGGUNINAING KABATAAN REFORM ACT OF 2015"
Be  if enacted by the  Senate and  House of Representatives of the Philippines  in Congress
assembled:
Scc/I.on I.    Section 10 of the Republic Act No.11768 or Sangguniang Kabataan Reform Act
of 2015, in relation to Republic Act No. 7] 60, also known as The Local Government Code of
1991  and Republic Act No.  8044,  otherwise known  as "Youth In Nation-Building Act"  is
hereby amended removing the disqualification against an aspiring Sanggunian Kabataan (SK)
CaiINdiidalhe who tras aL relative within second civil degree to run f ior Sangguniang Kabataan Of
to any incumbeiit elected national o!fficial or to an[y incumbertt elected regional, provincial,
city municipal, or barar.gay offiicial, in the locality where he or she seeks to be elected, to be
read as follows:
"SECTION 10. Qualifications. -An official of the Sangguniang
Kabataan,  either  elective  or  appointee,  must  be  a  citizen  of the
Phi lippines, a qualified voter ofthe Katipunan ng Kabataan, a resident
of the barangay for not less than one (1) year immediately preceding
the day of the elections, at least eighteen ( 18) years but not more than
twenty-four (24) years of age on the day of the elections, al)le to read
and write Filipino, English, or the local dialect, and must not have
been  convicted  by  final judgment  of any  crime  involving  moral
turpitude."
JSccJi.an 2. The Form prescribed by the Commission on Elections (COMELEC) for filing the
Certiflcate of candidacy shall remove the need for the declaration of the Sa#ggz/j?j.a# K¢bcrfcrcr#
rsKJ candidate that he/she is not related up to the second civil degree to any incumbent, elected
government official regional, provincial, city municipal, or barangay official, in the locality
where he or she seeks to be elected.
Sccf7.o» 3. The amendment shall be implemented and eforced on the next SK election in 2026
or any date the COMELC shall set in case of any postponement.


Scc/z.an 4. If any part or provision of this Act is declared unconstitutional the remaining parts
or provisions not affected shall continue to be in full force and effect.
Sac/I.an 5. All other laws, decrees, issuances, rules and regulations or parts thereof which are
inconsistent  with  the  provisions  of this  Act  are  hereby  repealed,  amended  or  modified
accordingly.
sac/i.o" 6. This Act shall take effect fifteen ( 15) days after its publication in the Official Gazette
or in any newspaper of general circulation.
Approved,