Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

4230

House Bilt No.

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

Historians often state that the Philippine Barangay system of government evolved
from a council of village elders. A group of elders, who literally due to their advanced
ages have gathered wisdom that could guide the younger members, were chosen to lead
their communities.

‘This historical perspective is not unique to the Philippines. Even the Roman
Government, upon which most modern republican governments were molded, started
with the creation of the Roman Senate, coimed from the term “Senatus”, meaning council
of elders,

Thus, since time immemorial, and not merely in the Philippines but everywhere in
the world, people have not merely subscribed to heeding the advice of the elderly, but
likewise allowed their leadership and governance

Tn the present day however, the influence of the elderly, even in Barangay and
small town politics, has started to diminish. Much worse, their representation in
government has become very much insignificant

It should be noted that in the year 2007, there were around 5.8 Million senior
citizens, or those with ages 60 years old and above. This comprises around 6.5% of the
entire population, Itis projected that by the year 2030, the senior citizens would comprise
10% of the Lotal population.

Yet still, the senior citizens have not been properly represented in government,
starting from the Barangay government.

This should be contrasted with the youth sector which has representation in
government, starting from the Barangay, through the Sangguniang Kabataan (SK). This,
even though under Republic Act No. 9164, SK membership has been limited to those
with ages 15 to not more than 18 years, It is needless to state thal such is a very minute
segment of the population.

A positive action is needed for the senior citizens and the elderly to have a voice
in government.


Under this measure, the Local Government Code of 1991 shall be amended and a
Sangguniang Senior Citizens and a Katipunan ng mga Senior Citizens shail be created.
The Senior Citizens Sanggunian shall be elected, starting from the Barangay level,
similar to the SK. The Chairman of the Senior Citizens Sanggunian shall also become an
ex officio member of the Barangay Council

The Senior Citizens Sanggunian shal! likewise have Municipal, City and
Provincial Federations. They shall have representation in the Sangguniang Pambayan.
Panglungsod and Pangialawigan.

With this measure, not only are the senior citizens and the elderly going to be
properly represented in government and continue to perform an active role in nation
building. More important, we as a people would benefit from their wisdow and values
which they have learned through the years.

In view of the foregoing. the immediate passage of the biff{s earnestly sought

>

ARTHUR C. YAP
Representative

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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4230

House Bill No,

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT.

PROVIDING FOR REPRESENTATION IN ALL LEVELS OF
LOCAL GOVERNMENT FOR SENIOR CITIZENS, CREATING
THE SANGGUNIANG SENIOR CITIZENS, THE KATLPUNAN NG
SENIOR CITIZENS, PROVIDING FOR THEIR POWERS AND
FUNCTIONS, AMENDING FOR TLE PURPOSE PERTINENT
SECTIONS OF REPUBLIC ACT NO, 7610, AS AMENDED,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE
OF 1991, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “Sangguniang Senior
Citizens Act of 2010”

SECTION 2. Declaration of Policy. - it hereby declared the policy of the State
to allow the senior citizens and the elderly to be properly represented in government and
continue to perform an active role in nation building.

SECTION 3, Amendment of Section 423 of the Local Government Code. -
Section 423 of Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, is hereby further amended to read as follows:

"CHAPTER Vill
Sangguniang Kabataan AND SANGGUNIANG SENIOR

CELIZENS


1 SECTION 423. Creution and Election. — (a) There shall be in
2 every barangay a sangguniang kabataan AND SANGGUNIANG

3 SENIOR CITIZENS to be composed of a chairman, [seven (7)] FOUR

4 (4) members, a secretary, and a treasurer.

5 (©) A sangguniang kabataan official who, during his term of

6 office, shall have passed the age of twenty-one (21) years shall be allowed

7 to serve the remaining portion of the term for which he was elected.”

8 SECTION 4, Amendment of Section 424 of the Local Government Code. -

9 — Section 424 of Republic Act No. 7160, otherwise known as the Local Government Code
10 of 1991, is hereby further amended to read as follows:

it “SEC. 424. Katipunan ng Kabataan AND KATIPUNAN NG

12 SENIOR CITIZENS, — The katipunan ng kabataan AND KATIPUNAN
13 NG SENIOR CITIZENS shall be composed of Filipino citizens actually

14 residing in the barangay for at least six (6) months, IN THE CASE OF

15 THE KATIPUNAN NG KABATAAN, who are fifteen (15) but less than

16 cighteen (18) years of age on the day of the election, AND IN THE

7 CASE OF KATIPUNAN NG SENIOR CITIZENS, WHO ARE

18 SIXTY (60) YEAR OF AGE OR MORE and who are duly registered ia

19 the list of the sangguniang kabataan AND SANGGUNIANG SENIOR

20 CITIZENS or in the official barangay list in the custody of the barangay

2 secretary

2 SECTION 5. Amendment of Section 425 of the Local Government Code. —

23 Section 425 of Republic Act No. 7160, otherwise known as the Local Government Code

24 of 1991, is hereby further amended to read as follows:

25 SECTION 425. Meetings of the Katipunan ng Kabataan AND
26 THE KATIPUNAN NG SENIOR CITIZENS. — ‘The katipunan ng
27 kabataan AND SANGGUNIANG SENIOR CITIZENS shail meet at
28 least once every three (3) months. or at the call of the chairman of the
29 sangguniang kabataan AND SANGGUNIANG SENIOR CITIZENS ot


‘upon written petition of at least one-twentieth (1/20) of its members, to
decide on important issucs affecting the youth AND THE SENIOR
CITIZENS, RESPECTIVELY, of the barangay
SECTION 6, Amendment of Section 426 of the Local Government Code. —
Section 426 of Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, is hereby further amended to read as follows:
SECTION 426. Powers and Functions of the Sangguniang
Kabataan AND SANGGUNIANG SENIOR CITIZENS. — The
sangguniang kabataan AND SANGGUNIANG SENIOR CITIZENS
shalt
{a)  Promulgate resolutions necessary to cary out the

iE SENIOR CiTIZENS,

objectives of the youth AND 1
RESPECTIVELY, in the barangay in accordance with the applicable
provisions of this Code;

(b) Initiate programs designed to enhance the social, political,
economic, cultural, intellectual. moral, spiritual, and physical development
of the members;

(©) Hold fund-raising activities, the proceeds of which shall be
tax-exempt and shall accrue to the general fund of the sangguniany
Kabataan AND SANGGUNIANG SENIOR CITIZENS: Provided.
however, That in the appropriation thereof, the specific purpose for which
such activity has been held shall be first satisfied;

(d) Create such bodies or committees as il may deem necessary
to effectively carry out its programs and activities:

(©) Submit annual and end-of-term reports to the sangguniang
barangay on their projects and activities for the survival and development

of the youth AND THLE SENTOR CUTLZENS in the barangay;


1 we Consult and coordinate with all youth AND SENIOR

2 CITIZENS organizations in the barangay for policy formulation and

program implementation;

4 (g) Coordinate with the appropriate national agency for the

implementation of youth AND SENIOR CITIZENS development

6 projects and programs at the national level;
7 {h) Exercise such other powers and perform such other duties

8 and functions as the sangguniang barangay may determine or delegate or

9 as may be prescribed by law or ordinance.

to SECTION 7. Amendment of Section 427 of the Local Government Code. —

11 Section 427 of Republic Act No. 7160, otherwise known as the Local Government Code.

12 of 1991, is hereby further amended to read as follows:

B SECTION 427. Meetings of the Sangguniang Kabataan
4 AND SANGGUNIANG SENIOR CITIZENS. — The sangguniang

1s kabataan AND SANGGUNIANG SENIOR CITIZENS shall meet
16 regularly once a month on the date, time, and place to be fixed by the said
7 RESPECTIVE sanggunian. Special meetings may be called by the
18 sangguniang kabataan AND SANGGUNIANG SENIOR CITIZENS
19 chairman or any TWO (2) [three (3)] of its members by giving written
20 notice to ail members of the date, time, place and agenda of the meeting at
21 least one (1) day in advance. Notices of reguiar or special meetings shall
2 be furnished the punong barangay and the sangguniang barangay.

23 A majority of the members of the sangguniang kabataan AND
oz) SANGGUNIANG SENTOR CITIZENS shall constitute a quorum.

25 SECTION 8, Amendment of Section 428 of the Local Government Code. —

26 — Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code

»

7 of 1991. is hereby further amended to read as follows
28 SEC. 428. Qualifications. — An clective official of the

29 sangguaiang kabataan AND SANGGUNIANG SENIOR CITIZENS


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must be a Filipino citizen, a qualified voter of the katipunan ng kabataan
AND SANGGUNIANG SENIOR CITIZENS, a resident of the barangay
for at least one (1) year immediately prior to election, at least fifteen (15)
years but less than eighteen (18) years of age on the day of the election
FOR THE SANGGUNIANG KABATAAN AND SEXTY (60) YEARS
OF AGE OR MORE FOR SANGGUNIANG SENIOR CITIZENS,
able to read and write Filipino, English, or the local dialect, and must not

have been convicted of any crime involving moral turpitude *

SECTION 9. Amendment of Section 429 of the Local Government Code. —
Section 429 of Republic Act No. 7160, otherwise known as the Local Government Code

of 1991, is hereby further amended to read as follows:

“SECTION 429. ferm of Office. — The sanaguniang kabataan
AND SANGGUNIANG SENIOR CITIZENS chairman 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.

SECTION 10, Amendment of Section 430 of the Local Government Code. -
Section 430 of Republic Act No. 7160, otherwise known as the Local Government Code

of L991, is hereby further amended to read as follows:

SECTION 430, Sangguniang Kabataan AND

SANGGUNIANG SENIOR CITIZENS

Chairman. — The registered
voters of the katipunan ng kabataan AND KATIPUNAN NG SENIOR
CITIZENS shall elect the chairman of the sangguniang kabataan AND
SANGGUNIANG SENIOR CETIZENS who shall BOTH automatically
serve as [an] ex officio memberS of the sangguniang barangay upon [his]
THEIR assumption to office. As such, [he] THEY shal! exercise the
same powers, discharge the same duties and functions, and enjoy the same
Privileges as the regular sangeuniang barangay members, and shall be the

chairman of the committee on youth and sports development AND


COMMITTEE ON SENIOR CITIZES AFFAIRS, RESPECTIVELY,

in the said sanggunian.”

SECTION 11. Amendment of Section 431 of the Local Government Code. —
Section 431 of Republic Act No. 7160, otherwise known as the Local Government Code

of 1991, is hereby further amended to read as follows:

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“SECTION 431. Powers and Duties of the Sangguniang
Kabataan AND SANGGUNIANG SENIOR CITIZENS Chairman, — In
addition to the duties which may be assigned to [him THEM by the
sangguniang barangay, the —sangguniang —kabataan. «= AND.
SANGGUNIANG SENIOR CITIZENS [chairman] CUALRMEN
shall

(a) Call and preside over all meetings of the RESPECTIVE
katipunsn ng kabataan AND KATIPUNAN NG SENIOR CITIZENS
and the sangguniang kabataan AND SANGGUNIANG SENIOR
CITIZENS;

(b) Implement policies. programs, and projects within his
jurisdiction in coordination with the sangguniang barangay;

{c) _Bxercise general supervision over the affairs and activities
of the sangguniang kabataan AND SANGGUNIANG SENIOR
CITIZENS and the official conduct of its members, and such other
officers of the sangguniang kabataan AND SANGGUNIANG SENIOR
CITIZENS within [his] THEIR jurisdiction;

{d) With the concurrence of the sangguniang kabataan AND
SANGGUNIANG SENIOR CITIZENS, appoint from among the
members of the sangguniang kabataan AND SANGGUNIANG SENIOR
CITIZENS, the secretary and treasurer and such other officers as may be
deemed necessary; and

(©) Exercise such other powers and pertorm such other duties

and functions as may be prescribed by law or ordinance.


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CTION 12. Amendment of Section 432 of the Local Government Code. -
Section 432 of Republic Act No. 7160, otherwise known as the Local Government Code
of 199), is hereby further amended to read as follows
SECTION 432, Sangguniang Kabataan AND
SANGGUNIANG SENIOR CITIZENS Secretory. ~— The
RESPECTIVE sangguniang kabataan AND SANGGUNIANG SENIOR:
CITIZENS secretary shall,
{a) Keep all records of the Katipunan ng kabatsan AND
SANGGUNIANG SENIOR CITIZENS and sangguniang kabataan AND
SANGGUNIANG SENIOR CITIZENS,

(>) Prepare and keep the minutes of all meetings of the

Katipunan ng kabalaan AND SANGGUNIANG SENIOR CITIZENS
and sangguniang kabataan AND SANGGUNIANG SENIOR

cr

ENS,

(c) Prepare all forms necessary for the conduct of registrations,
elections, initiatives, referenda, or plebiscites, in coordination with the
barangay secretary and the COMELEC, and

(d) Perform such other duties and discharge such other

functions as the chairman of the sangguniang Kabataan AND

SANGGUNIANG SENIOR CITIZENS may prescribe or direct.
SECTION 13, Amendment of Section 433 of the Locat Government Code. —
Section 433 of Republic Act No. 7160. otherwise known as the Local Government Code
of 1991, is hereby further amended to read as follows:
SECTION 433 Sangguniang Kahataan AND
SANGGUNIANG SENIOR — CITIZENS treasurer. — The
RESPECTIVE sangguniang kabataan AND SANGGUNIANG SENIOR

CITIZENS treasurer shall


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(a) Take custody of all sangguniang kabataan AND
SANGGUNIANG SENIOR CETIZENS property and funds not
otherwise deposited with the city or municipat treasurer,

(&) Collect and receive contributions, monies, materials, and all
other resources intended for the sangguniang Kabataan AND
SANGGUNIANG SENIOR CITIZENS and the katipunan ng kabataan
AND KATIPUNAN NG SENIOR CITIZENS;

(c) _Disburse funds in accordance with an approved budget of
the sangguniang kabataan AND SANGGUNIANG SENIOR CITIZENS,

() Certify to the availabifity of funds whenever necessary;

(e) Submit to the sangguniang —kabataan AND
SANGGUNIANG SENIOR CITIZENS and to the sangguniana
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 chairman of the sangguniang kabataan AND

SANGGUNIANG SENIOR CITIZENS may direct.

SECTION 14. Amendment of Section 434 of the Local Government Code. —

of 1991, is hereby further amended to read as follows:

SECTION 434. Privileges of Sangguniang Kabataan AND
SANGGUNIANG SENIOR CITIZENS Officials. - - Toe RESPECTIVE
sangguniang kabataan AND SANGGUNIANG SENIOR CITIZENS
chairman shail have the same privileges enjoyed by other sangguniang
barangay officials under this Code subject to such requirements and
limitations provided herein. During their incumbency, sengguniang
kabataan AND SANGGUNIANG SENIOR CITIZENS officials shail be
exempt from payment of tuition and matriculation fees while enrolled in

public tertiary schools, including state colleges and universities. The

Section 434 of Republic Act No. 7160, otherwise known as the Local Goverament Code


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 cotlege or university

within or nearest their area of jurisdiction

SECTION 3. Amendment of Section 435 of the Local Government Code.
Section 435 of Republic Act No 7160. otherwise known as the Local Government Code

of 1991. is hereby further amended to read as follows:

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SECTION 435. Succession and Filling of Vacancies. —- (a) In case

a sangguniang Kabataan OR SANGGUNIANG SENIOR CITIZENS
chairman 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 OR SANGGUNIANG
SENIOR CITIZENS member who obtained the next highest mumber of
votes in the election immediately preceding shall assume the office of the
chairman for the unexpired portion of the torm, 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 OR SANGGUNIANG SENIOR
CITIZENS member obtaining the next highest number of votes. shall
assume the position of the chairman for the unexpired portion of the tecm.

(b) Where two {2} or more sangguniang Kabataan OR
SANGGUNIANG SENIOR CITIZENS members obtained the same
next highest number of votes. the other sangguniang kabataan OR
SANGGUNIANG SENIOR CITIZENS members shal! conduct an
election to choose the successor to the chairman from among the said
members.

(c} After the vacancy shall have been filled, the sangguniang

kabataan OR SANGGUNIANG SENIOR CITIZENS chairman shail

HH


1 call a special election to complete the membership of said sanggunian

8

Such sangguniang kabataan OR SANGGUNIANG SENIOR CITIZENS

member shalt hold office for the unexpired portion of the term of the

4 vacant seat.

(2) In case of suspension of the sanuguniang kabalaan OR

6 SANGGUNIANG SENIOR CITIZENS chairman, the successor, as

7 determined in subsections (2) and (b) of this section shall assume the

3 position avring tne period or sucn suspension.

9 SECTION 16, Amendment of Section 436 of the Local Government Code. —

10 Section 436 of Republic Act No. 7160, otherwise known as the Local Government Code

IL of 199], is hereby further amended to read as follows:

12 CHAPTER IX

3 Pederasyon ng mga Sangguniang Kabataan. AND
14 SANGGUNIANG SENIOR CITIZENS

uw SECTION 436. Pederasvon ng mga Sangguniang Kabataan
16 AND SANGGUNIANG SENIOR CITIZENS. -. (a) Thece shall be an
7 organization of all the pederasyon ng mga sangguniang kabataan AND
18 SANGGUNIANG SENIOR CITIZENS to be known as follows.

19 @) In municipalities, pambayang pederasyon ng mga
20 sangguniang kabataan AND PAMBAYANG PEDERASYON NG MGA.
2 SANGGUNIANG SENIOR CITIZENS;

22 (2) In cities, pantungsod na pederasyon ng mga sangguniang
23 kabataan AND PANGLUNGSOD NA PEDERASYON NG MGA
24 SANGGUNIANG SENIOR CITIZENS.

25 (3) W_ provinces, panlalawigang pederasyon ng mga
26 sangguniang kabataan AND PANLALAWIGANG PEDERASYON NG
27 MGA SANGGUNIANG SENIOR CITIZENS;

28 (4) In special metropolitan political subdivisions,

29 pangmetropolitang pederasyon ng mga sangguniang kabalaan AND


~

PANGMETROPOLITANG PEDERASYON NG MGA
SANGGUNIANG SENIOR CITIZENS, and

(5) On the national level, pambansang pederasyon ng mga
sangguniang kabataan AND PAMBANSANG PEDERASYON NG
MGA SANGGUNIANG SENIOR CITIZENS

(b) The pederasyon ng mga sangguniang kabataan ANT
PEDERASYON NG MGA SANGGUNIANG SENIOR CITIZENS
shail, at all levels, elect from among themselves the president, vice-
president and such other officers as may be necessary and shail be
organized in the following manner:

(1) The pantungsod and pambayang pederasyon shall be
composed of the sangguniang kabataan AND SANGGUNIANG
SENIOR CITIZENS chairmen of barangays in the city or municipality,
respectively;

(2) The panlalawigang pederasyon shall be composed of
presidents of the panlungsod and pambayany pederasyon;

(3) The pangmetropolitang pederasyon shall be composed of
presidents of the panlungsod and pambayang pederasyon;

(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 AND

PAMBANSANG KATIPUNAN NG MGA SENIOR CITIZENS.

SECTION 17, Amendment of Section 437 of the Loval Gavernment Code. —

of 1991, is hereby further 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 AND PEDERASYON NG

MGA SANGGUNIANG SENIOR CITIZENS at all levels shall be

Section 437 of Republic Act No. 7160, otherwise known as the Local Government Code


N

yovemed by the constitution and by-laws of the pederasyon in conformity
with the provisions of this Code and national policies on youth AND

ENS.

HOR CP

SECTION 18. Amendment of Section 438 of the Local Government Code. —
Section 438 of Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, is hereby further amended to read as follows

SECTION 438, Membership in the Sanggunian. — (a) A
sangguniang kabataan AND SANGGUNIANG SENIOR CITIZENS
chairman 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 the sangguniang panlalawigan, sangguniang

panlungsod, and sangguniang bayan. as the case may be, without need of

farther appointment
(6) The vice-president of the pederasyon whose president has
been elected as president of a higher pederasyon shall serve as ex officio
member of the sanggunian concemed without need of further appointment
(©) The pederasyon president or vice-president, as the case

may be, OF TILE SANGGUNIANG KABATAAN shall be the chairman

of the committee on youth and sports development, WHILE THAT OF

TLE SANGGUNIANG SENIOR CITIZENS SHALL BE THE

CHAIRMAN OF SENIOR CITIZENS AFFAIRS of the sanggunian

concemed.

SECTION 19. Separability Clause. - If any provision of this Act, or any parts
thercof, is declared unconstitutional, the same shall nol affect the validity and effectivity
of the other postions.

SECTION 20. Repeating Clause. - All laws, executive orders, presidential
decrees, proclamations, rules, regulations. issuances and enactments of parts thereof

inconsistent with this Act are hereby repealed or modified accordingly


3

SECTION 21. Effectivity. - This Act shall take effect fifteen (15) days from its

complete publication in the Official Gazette of in a newspaper of general circulation in

the Philippines, whichever comes earlier.

APPROVED,