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

FIFTEENTH CONGRESS
First Regular Session

House Bill'No.__ 468

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

‘The enactment of the Local Government Code of 1991 provided an opportunity for the
country's youth to have a platform where they can engage and participate in local governance.
It allowed for the allocation of a portion of barangay funds for the implementation of youth-
related projects and programs and it has given representation for the youth in higher local
governance organs. It is a unique set up that has provided possibilities for progressive
interventions to advance meaningful youth participation, enhance access to education and
youth employment, and democratize delivery of social services for the sector.

Yet to the frustration of many, the current Sangguniang Kabataan set-up has proven to
be flawed. Corruption is rampant, especially in barangays where the vested interests of some
SK officials are in collusion with other barangay officials. Programs and projects are seen as
lacking in imagination and have largely been limited to sportsfests and beauty pageants. What
could have been a powerful and relevant youth institution has been reduced in the eyes of the
general public as a symbol of corruption, political disenfranchisement and patronage politics.

The solution to these problems, however, is NOT the abolition of the Sangguniang
Kabataan. Doing so is to contradict the entire essence of the devolution of the government,
which is to enhance and deepen the empowerment of the people at the local level. Deepening
democracy in the way we organize our politics entails having relevant and accessible local
government units, where the people - in this particular case, the country's youth ~ having direct
and meaningful participation in the affairs of the State.

Putting the SK on the right track requires an overhaul of its set-up. The Katiounan ng
mga Kabataan must be empowered to give the body oversight powers to make SK officials
accountable to their constituency in terms of clear processes in development planning,
budgeting and disbursement of funds. The involvement of youth-oriented civil society
organizations must also be enhanced through the creation of a youth development council
(Katipunang Pangkaunlaran ng mga Kabaatan) that has representation in the SK and has the
mandate to draft the Sk’s annual youth development pian. Access to power should also be
democratized as a way to avoid corruption and patronage through the introduction of an anti-
dynasty clause in the SK, thus enabling the constitutional provision against political dynasties in
governance (Section 26, Article II). These are but some of the reforms that must be undertaken
to restore the trust of the youth to the SK and to make the youth body a meaningful instrument
for youth empowerment at the barangay level.

To achieve these goals, the prompt enactment of this bill is earnestly sought.

Hon. WALDEN BELLO
Akbayan Representative


93
94

96
97

99,
100
101
102
103
104
105
106
107
108
109
10
1
112
113
M4
115
116
117
118
119

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

FIFTEENTH CONGRESS
First Regular Session

ancy 468

House Bill No.

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

AN ACT
TO REFORM AND STRENGTHEN THE SANGGUNIANG KABATAAN (SK), AMENDING
FOR THAT PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF ‘HE PHILIPPINES AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as “The Sanguniang Kabataan Reform and
Empowerment Act of 2010.”

Sec. 2. Creation and Election. — Section 423 of Republic Act 7160 is hereby amended to
read as follows:

SEC. 423. Creation and Election. — (a) There shall be in every barangay a sangguniang
kabataan to be composed of a CHAIRPERSON, seven (7) ELECTED members, TWO (2) EX-
OFFICIO MEMBERS, a secretary and a treasurer.

(b) A SANGGUNIANG KABATAAN OFFICIAL WHO, DURING HIS OR HER TERM OF
OFFICE, SHALL HAVE PASSED THE AGE OF TWENTY-FIVE (25) YEARS SHALL BE ALLOWED TO.
SERVE THE REMAINING PORTION OF THE TERM FOR WHICH HE OR SHE WAS ELECTED.

Sec. 3. Katipunan ng mga Kabataan. ~ Section 424 of Republic Act 7160 is hereby
amended to read as follows:

Section 424. Katipunan ng mga Kabataan. - THERE SHALL BE IN EVERY BARANGAY A
Katipunan ng mga Kabataan TO be composed of all citizens of the Philippines actually residing
in the barangay for at least six (6) months, who are fifteen (15) but not more than TWENTY-
FIVE (25) years of age, and who are duly registered in the list of the Sangguniang Kabataan or
in the official barangay list in the custody of the barangay secretary.

Sec. 4. Powers and Duties of the Katipunan ag mga Kabataan. ~ Section 425 of
Republic Act 7160 is hereby amended to read as follows:

SECTION 425. POWERS AND DUTIES OF THE KATIPUNAN NG KABATAAN. —

(A) THE KATIPUNAN NG KABATAAN SHALL BE THE HIGHEST POLICY-MAKING BODY TO
DECIDE ON MATTERS AFFECTING THE YOUTH OF THE BARANGAY. ALL PLANS AND.
PROGRAMS OF THE SANGUNIANG KABATAAN HAS TO BE APPROVED BY THE
KATIPUNAN NG KABATAAN;


120
121

122

123

124
125
126
127
128
129
130
131

132
133
134
135
136
137
138
139
140
i4l
142
143
144
145
146
147
148
149
150
151
152
153
1s4
155
156
187
158
159
160
161

162
163
164
165
166
167
168
169
170
171

172
123

174
175
176
177
178

(B) THE KATIPUNAN NG KABATAAN MAY REPRIMAND, CENSURE OR REMOVE ANY
SANGGUNIANG KABATAAN MEMBER WHO HAS FAILED TO DISCHARGE HIS OR HER
DUTIES EFFECTIVELY, OR HAVE COMMITTED OTHER ABUSES AS STIPULATED IN
EXISTING LAWS ON PUBLIC OFFICIALS, THROUGH A 2/3 MAJORITY VOTE;

(©) THE KATIPUNAN NG KABATAAN SHALL MEET AT LEAST TWICE A YEAR OR AT THE
CALL OF THE CHAIRPERSON OF THE SANGGUNIANG KABATAAN. THE FIRST
KATIPUNAN NG KABATAAN MEETING SHALL TAKE PLACE NOT LATER THAN THREE (3)
MONTHS AFTER THE PROCLAMATION OF THE RESULTS OF THE PRECEDING SK
ELECTIONS AND SHALL BE CONVENED BY THE SANGGUNIANG KABATAAN
CHAIRPERSON. FOR THE SUCCEEDING MEETINGS AND FOR PURPOSES OF
FACILITATION, THE KATIPUNAN NG KABATAAN MAY CHOSE AMONG ITS MEMBERS A
KATIPUNAN CHAIRPERSON;

IN CASE THE MEMBERSHIP OF THE KATIPUNAN NG KABATAAN EXCEEDS FIVE
HUNDRED (500), THE REGULAR MEETINGS OF THE KATIPUNAN MAY BE ORGANIZED.
ON THE BASIS OF A PROPORTIONAL SYSTEM OF REPRESENTATION AS DETERMINED
BY THE SANGGUNIANG KABATAAN IN COORDINATION WITH THE SANGGUNIANG
BARANGAY.

(D) THE KATIPUNAN NG KABATAAN MAY CREATE SUCH BODIES AND COMMITTEES AS IT
MAY DEEM NECESSARY TO FULFILL ITS FUNCTIONS AND DUTIES.

Sec. 5. Katipunang Pangkaunlaran ng Kabataan. ~ (2) There shall be in every Katipunan
ng Kabataan a Katipunang Pangkaunlaran ng Kabataan, a body that shall develop the
development programs and activities of the Sangguniang Kabataan and shall serve as its civil
society arm.

(b) The Katipunang Pangkaunlaran ng Kabataan shall be composed of representatives
from different youth organizations and associations operating in the barangay. Its first assembly
shall be convened by the Sangguniang Kabataan Chairperson prior to the first Katipunan ng
Kabataan meeting.

(c) The Katipunang Pangkaunlaran ng Kabataan shall develop, along with the
Sangguniang Kabataan, an annual youth development plan for the barangay, and shall monitor
its implementation. :

(d) The Katipunang Pangkaunlaran ng Kabataan shall elect among its members two (2)
ex-officio representatives to the Sangguniang Kabataan that shall have the same powers and
discharge the same duties and functions as the Sangguniang Kabataan members. The elections
of the representatives shall be facilitated by the Sangguniang Kabataan in coordination with the
Commission on Elections.

Sec, 6. Powers and Duties of the Sangguniang Kabataan. — Section 426 of Republic Act
7160 is hereby amended to read as follows:

Section 426. Powers and DUTIES of the Sangguniang Kabataan - The Sangguniang
Kabataan shall:

(a) XXX

(b) INITIATE AND IMPLEMENT PROGRAMS THAT AIM TO PROMOTE MEANINGFUL YOUTH
PARTICIPATION, ACCESSIBLE EDUCATION, YOUTH EMPLOYMENT, ACTIVE
CITIZENSHIP, SEXUAL AND REPRODUCTIVE HEALTH, SPORTS AND SUSTAINABLE
DEVELOPMENT;

(©) Xxx

(d) Xxx


179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200

233

235
236
237

(e) Submit and present annual and end-of-term PROGRAM AND FINANCIAL reports to the
Sangguniang Barangay, KATIPUNAN NG KABATAAN, AND KATIPUNANG
PANGKAUNLARANG NG KABATAAN on their projects and activities for the survival and
development of the youth in the barangay;

(f) CONSULT AND COORDINATE WITH THE KATIPUNAN NG KABATAAN, KATIPUNANG
PANGKAUNLARAN NG KABATAAN AND DIFFERENT YOUTH ORGANIZATIONS IN THE
BARANGAY FOR POLICY FORMULATION AND PROJECT IMPLEMENTATION;

XXX

a COORDINATE AND COOPERATE WITH THE SANGGUNIANG BARANGAY ON OTHER
YOUTH-RELATED PROJECTS AND PROGRAMS THAT THE SANGGUNIANG BARANGAY
WISHES TO INITIATE AND IMPLEMENT;

i) XXX

0 PRESENT TO THE KATIPUNAN NG KABATAAN ITS ANNUAL PROGRAM OF ACTION AND
ITS BUDGET; AND

(k) DEVELOP AND IMPLEMENT A SANGGUNIANG KABATAAN GUIDELINES IN LINE WITH
THE DUTIES AND PRINCIPLES OUTLINED IN THIS ACT

Sec. 7. Qualifications. - Section 428 of Repubiic Act 7160 is hereby amended to read as
follows:

Section 428. Qualifications. - An elective member of the Sangguniang Kabataan must
have following qualifications:

A. HE OR SHE MUST BE A CITIZEN OF THE PHILIPPINES;
B. HE OR SHE MUST BE A QUALIFIED MEMBER OF THE KATIPUNAN NG KABATAAN;

C. HE OR SHE MUST BE BETWEEN FIFTEEN (15) TO TWENTY FIVE YEARS OLD (25),
EXCEPT FOR THE SANGGUNIAN KABATAAN CHAIRPERSON, WHO MUST NOT BE
BELOW EIGHTEEN (18) YEARS OLD;

D. HE OR SHE MUST BE A RESIDENT OF THE BARANGAY AT LEAST ONE (1) YEAR
IMMEDIATELY PRIOR TO ELECTION;

€. HE OR SHE MUST BE ABLE TO READ AND WRITE FILIPINO, ENGLISH, OR THE
LOCAL DIALECT;

F. HE OR SHE MUST NOT HAVE BEEN CONVICTED OF ANY CRIME INVOLVING MORAL
TURPITUDE;

G. HE OR SHE MUST NOT HAVE ANY RELATIVE IN ELECTIVE PUBLIC OFFICE WITHIN
THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY.

Sec. 8. Term of Office. ~ Section 429 of Republic Act 7160 is hereby amended to read as
follows:

Section 429. Term of office - The sangguniang kabataan CHAIRPERSON and members
shall hold office for a period of three (3) years unless sooner removed for cause as provided by
law, permanently incapacitated, die or resign from office. NO MEMBER OR CHAIRPERSON OF
THE SANGGUNIANG KABATAAN SHALL SERVE FOR MORE THAN THREE (3) CONSECUTIVE
TERMS.

Sec. 9. Sangguniang Kabataan CHAIRPERSON. - Section 430 of Republic Act 7160 is
hereby amended to read as follows:

Section 430. Sangguniang Kabataan CHAIRPERSON. - The registered voters of the
Katipunan ng kabataan shall elect the chairperson of the sangguniang kabataar who shall
automatically serve as an ex-officio member of the sangguniang barangay upon his assumption
to office. As such, the CHAIRPERSON shall exercise the same powers, discharge the same
duties and functions, and enjoy the same Privileges as the regular sangguniang barangay


257
258

259
260

261
262

members, and shall be the CHAIRPERSON of the COMMITTEE ON YOUTH DEVELOPMENT in the
said sanggunian.

Section 10. Powers and Duties of the Sangguniang Kabataan Chairperson. ~ Section
431 of Republic Act 7160 is hereby emended to read as follows:

Section 431. Powers and Duties of the Sangguniang Kabataan CHAIRPERSON. - THE
SANGGUNIANG KABATAAN CHAIRPERSON SHALL HAVE THE FOLLOWING DUTIES:

(2) Call and preside over all meetings of the sangguniang kabataan, AND UPON THE
DECISION OF THE BODY, THE KATIPUNAN NG KABATAAN;

(b) ENSURE THE IMPLEMENTATION OF policies, programs, and projects within his OR
HER jurisdiction in coordination with the sangguniang barangay ;

(c) Exercise general supervision over the affairs and activities of the sangguniang
kabataan and the official conduct of its members, and such other officers of the sangguniang
kabataan within his OR HER jurisdiction;

(d) Xxx;

(e) PRESENT TO THE KATIPUNAN NG KABATAAN AND SANGGUNIANG BARANGAY THE
SANGGUNIANG KABATAAN’S ANNUAL PROGRAM OF ACTION AND FINANCIAL REPORT;

(F) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance; AND,

(G) COORDINATE WITH THE SANGGUNIANG BARANGAY FOR THE YOUTH-RELATED
PROJECTS AND PROGRAMS OF THE SANGGUNIANG KABATAAN.

Section 11. Powers and Duties of the Sangguniang Kabataan Secretary. - Section 432
of Republic Act 7160 is hereby amended to read as follows:

Le Section 432. Sangguniang Kabataan Secretary. - The sangguniang kabataan secretary
shall:

(a) Xxx
(b) Xxx
(€) XxX '

(d) Perform such other duties and discharge such other functions as the CHAIRPERSON
of the sangguniang kabataan may prescribe or direct.

Section 12. Powers and Duties of the Sangguniang Kabataan Treasurer. - Section 433
of Republic Act 7160 is hereby amended to read as follows:

al, tO" 433: Sangguniang Kabataan Treasurer. - The sangguniang kabataan treasurer
shall:

(a) XxX
(b) Xxx
(c) Xxx

(d) Xxx


(e) Submit to the KATIPUNAN NG KABATAAN, sangguniang kabataan and to the
sangguniang barangay Certified and detailed statements of actual income and expenditures at
the end of every month; and

(f) Perform such other duties and discharge such other functions as the CHAIRPERSON
of the sangguniang kabataan may prescribe or direct.

Section 13. Privileges of Sangguniang Kabataan officials - Section 434 of Republic Act
7160 is hereby amended to read as follows:

Section 434, Privileges of the Sangguniang Kabataan Officials - (A) The Sangguniang
Kabataan CHAIRPERSON shall have the same privileges enjoyed by other sangguniang
barangay officials under this Code subject to such requirements and limitations provided herein

(B) ALL REGULAR SANGGUNIANG KABATAAN KAGAWADS SHALL RECEIVE HONORARIA,
ALLOWANCES AND SUCH OTHER EMOLUMENTS AS MAY BE AUTHORIZED BY LAW OR
BARANGAY, MUNICIPALITY OR CITY ORDINANCE IN ACCORDANCE WITH THE PROVISIONS OF
THIS CODE, BUT IN NO CASE SHALL IT BE LESS THAN ONE THOUSAND PESOS (P1, 000.00)
PER MONTH: PROVIDED, HOWEVER, THAT THE ANY ADDITIONAL HONORARIA, ALLOWANCES
AND SUCH OTHER EMOLUMENTS THAT ARE TO BE TAKEN FROM THE SANGGUNIANG
KABATAAN FUNDS SHALL BE FIRST APPROVED BY THE KATIPUNAN NG KABATAAN.

(C) DURING THEIR INCUMBENCY, SANGGUNIANG KABATAAN OFFICIALS, INCLUDING
THE EX-OFFICIO REPRESENTATIVES, 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
THE STATE COLLEGE OR UNIVERSITY WITHIN THE REGION OF THE BARANGAY WHERE THE
SANGGUNIANG KABATAAN OFFICIAL IS SERVING.

Section 14. Removal from Office, Succession and Filling of Vacancies. ~ Section 435 of
Republic Act 7160 is hereby amended to read as follows:

Section 433. REMOVAL FROM OFFICE, Succession, and Filling of Vacancies. - A. THE
FOLLOWING SHALL BE GROUNDS FOR REMOVAL FROM OFFICE FOR SANGGUNIANG
KABATAAN CHAIRPERSON AND MEMBERS:

(A) ABSENCE WITHOUT VALID REASONS FOR THREE CONSECUTIVE MONTHS;

(B) FAILURE TO CONVENE MEETINGS OF THE KATIPUNAN NG KABATAAN AND
SANGGUNIANG KABATAAN;

(C) CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE; AND

(D) VIOLATION OF EXISTING LAWS AGAINST GRAFT AND CORRUPTION AND OTHER
CIVIL SERVICE LAWS.

B. A SANGGUNIANG KABATAAN CHAIRPERSON OR MEMBER IS DEEMED ELIGIBLE FOR
REPLACEMENT IF HE OR SHE REFUSES TO ASSUME OFFICE, FAILS TO QUALIFY,
VOLUNTARILY RESIGNS, DIES OR IS PERMANENTLY INCAPACITATED.

C. IN CASE THE SANGGUNIANG KABATAAN CHAIRPERSON IS REMOVED FROM OFFICE
OR BECOMES ELIGIBLE FOR REPLACEMENT, THE SANGGUNIANG KABATAAN MEMBER WHO
RECEIVED THE HIGHEST NUMBER OF VOTES SHALL ASSUME THE OFFICE OF THE
CHAIRPERSON FOR THE UNEXPIRED PORTION OF THE TERM, AND SHALL DISCHARGE THE
POWER AND DUTIES, AND ENJOY THE RIGHTS AND PRIVILEGES APPURTENANT OF THE
OFFICE. IN CASE THE 'SAID MEMBER REFUSES OR FAILS TO QUALIFY, THE SANGGUNIANG
KABATAAN MEMBER WHO RECEIVED THE NEXT HIGHEST OF VOTES SHALL ASSUME THE
OFFICE OF THE CHAIRPERSON FOR THE UNEXPIRED PORTION OF THE TERM. IN CASE ALL
MEMBERS OF THE SANGGUNIANG KABATAAN REFUSES TO ASSUME OFFICE OR FAILS TO
QUALIFY, A SPECIAL ELECTION IN A KATIPUNAN NG KABATAAN SHALL BE CONVENED


329
330

331
332
333
334
335
336

337
338

339
340
341
342
343
344
345
346
347
348
349

330
351
352
353
354

356
357
358
359
360
361
362
363
364
365

FIFTEEN (15) DAYS AFTER THE VACANCY IN COORDINATION WITH THE COMMISSION ON
ELECTIONS AND THE SANGGUNIANG BARANGAY TO ELECT A NEW CHAIRPERSON.

D. IN CASE OF VACANCY IN THE POSITIONS OF THE SANGGUNIANG KABATAAN
KAGAWAD, THE CHAIRPERSON OF THE SANGGUNIANG KABATAAN SHALL CONVENE A
SPECIAL MEETING OF THE KATIPUNAN NG KABATAAN TO ELECT MEMBERS FOR THE
VACATED POSITIONS, PROVIDED THAT SUCH ELECTION SHALL BE CONDUCTED IN
COORDINATION WITH THE COMMISSION ON ELECTIONS AND THE SANGGUNIANG
BARANGAY.

Section 15. Barangay funds. ~ Section 329 of Republic Act 7160 is hereby amended to read
as follows:

Section 329, Barangay funds. — All the income of the barangay from whatever source
shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as
trust fund in custody of the city or municipal treasurer or deposited in a bank, preferably
government-owned, situated in or nearest to its area of jurisdiction. At least ten percent (10%)
Of the general fund of the barangay shall be set aside for the sangguniang Kabataan. THE
SANGGUNIANG BARANGAY SHALL APPROPRIATE THE SANGUNIANG KABATAAN FUND IN LUMP
SUM. THE SANGGUNIANG KABATAAN SHALL HAVE FISCAL AUTONOMY IN ITS OPERATIONS AS
TO THE DISBURSEMENT AND ENCASHMENT OF THEIR INCOME AND EXPENSES: PROVIDED,
THAT THE ALLOCATION OF THE FUNDS SHALL BE APPROVED BY THE KATIPUNAN NG
KABATAAN AND THAT MECHANISM FOR REVIEW OF THE ALLOCATION AND DISBURSEMENT
OF FUNDS BY THE KATIPUNANG PANGKAUNLARAN NG KABATAAN SHALL BE ESTABLISHED.

Section 16. Appropriations. - Such sum as may be necessary for the implementation of the
provisions of this Act is hereby authorized to be incorporated in the Annual General
Appropriation Act.

Section 17. Separability Clause. - If any section or provision of this Act shall be declared
unconstitutional, other provisions not affected shall continue to be in full force and effect.

Section 18, Repealing clause. - All \aws, presidential decrees, executive orders, rules and
regulations, or parts thereof, inconsistent with this Act, are hereby repealed or modified
accordingly 7

Section 20. Effectivity. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,