REPUBLIC
OF THE PHILIPPINES
HOUSE OF
REPRESENTATIVES
Quezon
City, Metro Manila
FIFTEENTH
CONGRESS
First
Regular Session
House Bill No. 1963
Introduced
by Kabataan Party-List Rep. Raymond V.
Palatino
EXPLANATORY NOTE
The creation of the
Sangguniang Kabataan (SK), through the Local Government Code of 1991, was meant
to empower the countryÕs youth by giving them a direct hand in governance and
decision-making in the barangay level. By providing for the mandatory
allocation of barangay funds for SK-led projects and programs promoting
awareness, education and action among the youth, the Code sought to ensure that
the needs of young barangay constituents are serviced by their peers. To do
this effectively, the Code upholds the principle of democratic representation
by instituting mechanisms for the youth to annually elect their representatives
to the Sangguniang Barangay.
Unfortunately, since this
supposedly progressive measure was put into place, the SK as an institution has
been mired with allegations of corruption and inefficient governance.
Allegations range from vote-buying, gathering kickbacks from SK-initiated
projects and programs, and colluding with higher barangay officials to secure
their vested interests. Consequently, legislative measures have repeatedly been
proposed to abolish the SK to address such allegations.
Yet it is believed that
the institution as a whole should not suffer from the practices of an erring
few – if indeed the few are solely culpable for such crimes related to
governance. In most barangays, the SK still stands as a representative body of
the youth, advancing meaningful youth participation, promoting access to
education and youth employment, and struggling for the delivery of basic social
services for the youth sector. If anything, what the SK needs from the
legislative is not a proposal to abolish it but a proposal to strengthen it
through concrete and specific reforms that directly and unequivocally tighten
the loopholes in existing laws.
As such, after due
consultation with the SK National Executive Board and various SK officials
around the country, this bill was created. Among its important aims are: to
institute a uniform procedure for releasing and reviewing SK budgets, to
empower the Katipunan ng Kabataan as
the basic unit and consultative body of the SK, to more clearly define the
procedures for succession and filling of vacancies, and to regularize training
seminars for SK members. Essentially, these proposed reforms intend to return
the faith of people, most especially the youth, in the SK as a genuinely
representative local government unit that strives at all times to advance the
rights and welfare of the Filipino youth and, concomitantly, to empower
duly-elected SK officials as persons in authority to more efficiently carry out
their duties and responsibilities.
In light of the
foregoing, the urgent passage of this bill is earnestly sought.
Hon. Raymond V. Palatino
Representative, Kabataan Party-List
REPUBLIC
OF THE PHILIPPINES
HOUSE OF
REPRESENTATIVES
Quezon
City, Metro Manila
FIFTEENTH
CONGRESS
First
Regular Session
House Bill No. ____________
Introduced
by KABATAAN Party-list Rep. Raymond V.
Palatino
AN ACT
TO STRENGTHEN AND REFORM THE SANGGUNIANG KABATAAN
(SK), AMENDING FOR THAT PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS ÒTHE LOCAL GOVERNMENT CODE OF 1991,Ó 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 ÒSangguniang Kabataan Reform Act of 2010.Ó
SECTION 2. Barangay Funds. – Section 329 of
Republic Act No. 7160 is hereby amended to read as follows:
Section 329. Barangay Funds.
– All income of the barangay DERIVED FROM whatever source shall accrue to
its general fund and shall, at the option of the barangay concerned, be kept as
trust fund in the custody of the city or municipal treasurer or be deposited in
a bank, preferably government-owned, situated in or nearest to its area of
jurisdiction. Such funds shall be disbursed in accordance with the provisions
of this Title. Ten percent (10%) of the general fund of the barangay shall be
set aside for the Sangguniang Kabataan (SK). THE SANGGUNIANG BARANGAY SHALL
APPROPRIATE THE SANGGUNIANG KABATAAN FUND IN LUMP SUM. THE SANGGUNIANG KABATAAN
SHALL HAVE FISCAL AUTONOMY IN ITS OPERATIONS AS TO DISBURSEMENTS AND ENCASHMENT
OF THEIR INCOME AND EXPENSES.
SECTION 3. Procedure
for reviewing Sangguniang Kabataan Budgets. – (a) All SK budgets shall be reviewed through the following
procedure:
1)
All SK Budgets shall be approved by a majority of
all the members of the Sangguniang Kabataan based on the Annual Barangay Youth
Development Plan (ABYDP) formulated in consultation with the Katipunan ng
Kabataan (KK). The SK Chairperson shall furnish the Sangguniang Barangay and
the higher SK Federation a copy of the ABYDP stated in this paragraph for their
information and guidance;
2)
All SK Budgets, with attached minutes of the KK
Assembly approving the Annual Barangay Youth Development Plan, shall be
submitted to the SK City/Municipal Local Executive Committee (LEC) on or before
the last working day of October of every year. The SK City/Municipal Local
Executive Committee shall review for approval and deliberate on the budget in a
regular or special session whether the same conforms to the ABYDP, before the
last working day of November.
3)
The LEC shall see to it that the appropriations are
based on the approved ABYDP and that at least two (2) of the priority concerns
namely environment, livelihood, education, capability-buildingü moral recovery
and anti-drug abuse campaign are allocated in the SK budget. All approved
budgets shall be certified as approved by the SK City/Municipal President as
the case may be;
4)
Any SK Chairperson who fails to submit the SK
Budget together with the attachments found in the preceding paragraph shall be
subject to proper investigation and appropriate disciplinary action to be
determined by their respective SK LEC in accordance with the SK Constitution
and By-Laws;
5)
No SK Budget can be utilized by the SK concerned,
without the appropriate certification from the SK Federation President with the
concurrence of the SK City/Municipal Local Executive Committee;
6)
All Realignments in the Barangay SK Budgets shall
be reviewed for approval and be deliberated in the same manner in paragraph 2.
(b) There
shall be no mandatory allocations for the Barangay SK funds, except for a two
per cent (2%) annual dues for the higher federations, provided that all
appropriations are supported by its Annual Barangay Youth Development Plan.
Section
4. Creation and Election. –
Section 423 of Republic Act No. 7160 is hereby amended to read as
follows:
Section 423. Creation and Election. – (a) There shall be in every
barangay a Sangguniang Kabataan to be composed of a CHAIRPERSON, seven (7)
members AS KAGAWAD, a secretary and a treasurer. THE SECRETARY AND TREASURER
SHALL BE APPOINTED BY THE SK CHAIRPERSON FROM THE KAGAWADS WITH THE CONCURRENCE
OF THE MAJORITY OF THE SK MEMBERS.
(b) x x x
Section 5. Katipunan ng Kabataan – Section
424 of Republic Act No. 7160 is hereby amended to read as follows:
Section 424. Katipunan ng Kabataan. – EVERY BARANGAY SHALL
ESTABLISH A Katipunan ng Kabataan TO be composed of all citizens of the
Philippines actually residing in the barangay for at least six (6) months, who
are AT LEAST fifteen (15) but not more than twenty-one (21) years of age, and
who are duly registered in the list of the Sangguniang Kabataan Secretary or in
the official barangay list in the custody of the barangay secretary.
Section 6. Powers and Functions of
the Katipunan ng mga Kabataan. – Section 425 of
Republic Act No. 7160 is hereby amended to read as follows:
SECTION
425. POWERS AND FUNCTIONS OF THE KATIPUNAN NG MGA KABATAAN. –
(A)
THE KATIPUNAN NG KABATAAN
(KK) SHALL BE THE HIGHEST POLICY-MAKING BODY OF THE YOUTH IN THE BARANGAY. THE
SANGGUNIAN KABATAAN (SK) SHALL CONSULT THE KK ON ALL ITS PLANS, PROGRAMS AND
ACTIONS. THE KK SHALL AT ALL TIMES STRIVE TO GIVE ITS APPROVAL THROUGH
CONSENSUS.
HOWEVER, IN VERY SPECIFIC INSTANCES WHERE TIME IS A
MAJOR CONSIDERATION AND CONSENSUS IS NOT IMMEDIATELY POSSIBLE, A MAJORITY VOTE
OF MORE THAN FIFTY PERCENT (50% + 1) OF ALL KK MEMBERS PRESENT IN A GENERAL
ASSEMBLY WITH QUORUM SHOULD BE REACHED TO APPROVE URGENT PLANS, PROGRAMS AND
ACTIONS AFFECTING THE YOUTH IN THE BARANGAY.
(B)
THE KK MAY, THROUGH A 2/3
MAJORITY VOTE OF ALL ITS MEMBERS, REPRIMAND, CENSURE OR REMOVE ANY SK MEMBER
WHO AFTER DUE PROCESS IS FOUND TO
HAVE FAILED IN THE DISCHARGE OF HIS OR HER DUTIES OR HAVE COMMITTED
ABUSES AS STIPULATED IN EXISTING LAWS PERTAINING TO THE CONDUCT OF PUBLIC
OFFICIALS;
(C)
THE KK SHALL MEET AT
LEAST TWICE A YEAR, OR AT THE CALL OF THE CHAIRMAN OF THE SK. THE FIRST KK MEETING SHALL TAKE PLACE
NO LATER THAN THREE (3) MONTHS AFTER THE PROCLAMATION OF THE RESULTS OF THE IMMEDIATELY
PRECEDING SK ELECTION. THE SK CHAIRPERSON SHALL CONVENE THE FIRST KK MEETING,
WHERE THE KK SHALL THEN CHOOSE AMONG ITS MEMBERS A KATIPUNAN LEAD CONVENOR WHO
SHALL BE TASKED TO CONVENE ALL SUCCEEDING KK MEETINGS;
(D) THE KK SHALL CREATE A BODY, WHOSE MEMBERS SHALL BE
CHOSEN AMONGST THEMSELVES, THAT SHALL BE RESPONSIBLE FOR THE CLOSE COORDINATION
OF THE KK WITH LOCAL AND NATIONAL YOUTH ORGANIZATIONS, ALLIANCES, FEDERATIONS
AND THE LIKE FOR THE PURPOSE OF DEVELOPING SOCIALLY RELEVANT PROGRAMS AND
ACTIVITIES TO BE INCLUDED IN THE BARANGAYÕS ANNUAL YOUTH DEVELOPMENT PLAN.
THE COORDINATING BODY MAY INVITE REPRESENTATIVES
FROM SUCH ORGANIZATIONS TO SERVE AS RESOURCE SPEAKERS IN THE REGULAR MEETINGS
AND EVENTS OF THE KK OR SK;
(E)
THE KK MAY CREATE OTHER
SUCH BODIES AND COMMITTEES AS IT DEEMS NECESSARY TO MOST EFFECTIVELY FULFILL
ITS FUNCTIONS AND DUTIES.
Section 7. Powers and Functions of the Sangguniang
Kabataan. – Section 426 of Republic Act No. 7160 is hereby amended to
read as follows:
Section 426. Powers and Functions of the Sangguniang Kabataan. –
The Sangguniang Kabataan shall:
(a)
x x x
(b)
INITIATE, IMPLEMENT AND MONITOR PROGRAMS THAT AIM
TO EXPAND YOUTH PARTICIPATION IN GOVERNANCE AND TO PROMOTE QUALITY EDUCATION
FOR ALL, SECURE YOUTH EMPLOYMENT, SUSTAINABLE DEVELOPMENT, HUMAN RIGHTS AND
SOCIAL JUSTICE;
(c)
x x x
(d)
x x x
(e)
Submit annual and end-of-term reports to the
sangguniang barangay AND KATIPUNAN NG MGA 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 MGA
KABATAAN AND LOCAL AND NATIONAL youth organizations for policy formulation and
program implementation;
(g)
x x x
(h)
x x x
(i)
x x x
(j)
SCHEDULE REGULAR INTERNAL EDUCATIONAL DISCUSSIONS
AND LEADERSHIP TRAINING SEMINARS TO BE GIVEN BY REPRESENTATIVES FROM GOVERNMENT
OFFICES, NON-GOVERNMENT ORGANIZATIONS AND PEOPLEÕS ORGANIZATIONS TO ENSURE THAT
THE BODY IS UPDATED ON IMPORTANT NATIONAL AND SOCIAL ISSUES AND IS EQUIPPED TO
ADDRESS THESE EFFECTIVELY;
Section
7. Qualifications. – Section 428 of Republic
Act No. 7160 is hereby amended to read as follows:
Section 428. Qualifications. – An elective official of the
Sangguniang Kabataan must be:
A.
A QUALIFIED MEMBER OF THE KATIPUNAN NG KABATAAN;
B.
A RESIDENT OF THE BARANGAY FOR AT LEAST ONE (1)
YEAR IMMEDIATELY PRIOR TO ELECTIONS
C.
AT LEAST EIGHTEEN (18) BUT NOT MORE THAN TWENTY-ONE
(21) YEARS OF AGE ON THE DAY OF HIS OR HER ELECTION;
D.
ABLE TO READ AND WRITE IN FILIPINO, ENGLISH, OR THE
LOCAL DIALECT;
E.
MUST NOT HAVE BEEN CONVICTED OF ANY CRIME INVOLVING
MORAL TURPITUDE.
Section 8. Term of Office. – Section 429 of
Republic Act No. 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 a cause as provided by law, permanently
incapacitated, die or resign from office.
Section 9. Sangguniang
Kabataan Chairperson. – Section
430 of Republic Act No. 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
Kabataan who shall automatically serve as an ex-officio member of the Sangguniang
Barangay upon his OR HER 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 members and shall be
the CHAIRPERSON of the committee on youth and sports development in the said
sanggunian.
Section
10. Powers and Duties of the Sangguniang Kabataan
Chairperson. – Section 431 of Republic Act No. 7160 is hereby
amended to read as follows:
Section 431. Powers and Duties of the Sangguniang Kabataan CHAIRPERSON.
– In addition to the duties which may be assigned to him by the Sangguniang
Barangay, the Sangguniang Kabataan CHAIRPERSON SHALL HAVE THE FOLLOWING DUTIES:
(a)
Call and preside over all meetings of the
sangguniang kabataan, AND IF SO DECIDED BY THE BODY, THE KATIPUNAN NG KABATAAN;
(b)
ENSURE AND MONITOR THE IMPLEMENTATION OF policies,
programs, and projects within his 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)
x x x
(e)
x x x
Section
11. Sangguniang Kabataan Treasurer. Section
433 of Republic Act No. 7160 is hereby amended to read as follows:
Section 433. Sangguniang Kabataan Treasurer – x x x
(a)
Take custody of all Sangguniang Kabataan property
and funds, THE LATTER OF WHICH ARE TO BE DEPOSITED IN A BANK PREFERABLY
GOVERNMENT-OWNED, SITUATED IN OR NEAREST TO ITS AREA OF JURISDICTION, UNDER THE
NAME OF THE SK CONCERNED or to be deposited to the city or municipal treasurer;
(b)
x x x
(c)
x x x
(d)
x x x
(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 QUARTER TO BE PUBLISHED OR POSTED
IN AT LEAST THREE CONSPICUOUS SPACES WITHIN THE BARANGAY; and
(f)
x x x
Section 12. Privileges of Sangguniang Kabataan Officials
– Section 434 of Republic Act No. 7160 is hereby amended to read as
follows:
Section 434 – Privileges of
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 SANGGUNIANG KABATAAN KAGAWADS SHALL BE ENTITLED
TO RECEIVE HONORARIA, TRAVEL ALLOWANCES AND OTHER SUCH COMPENSATION FOR SERVICES
AS MAY BE AUTHORIZED BY NATIONAL LAWS OR LOCAL ORDINANCES IN ACCORDANCE WITH
THE PROVISIONS OF THIS CODE, PROVIDED THAT ANY HONORARIA, TRAVEL ALLOWANCES AND
OTHER SUCH COMPENSATION FOR SERVICES THAT ARE TO BE TAKEN FROM THE SANGGUNIANG
KABATAAN FUNDS SHALL BE FIRST APPROVED BY THE KATIPUNAN NG KABATAAN.
(C)
ALL SANGGUNIANG KABATAAN OFFICIALS SHALL BE
EXEMPTED FROM TAKING UP NATIONAL SERVICE TRAINING PROGRAM – CIVIC WELFARE
TRAINING SERVICE (NSTP-CWTS) SUBJECTS OR COURSES IN THEIR SCHOOLS OF ENROLMENT.
(D)
ALL SANGGUNIANG KABATAAN OFFICIALS SHALL BE TREATED
AS PERSONS IN AUTHORITY AS DEFINED BY LAW IN CONNECTION WITH THE ACTUAL
DISCHARGE OF THEIR OFFICIAL DUTIES AND FUNCTIONS AS SUCH.
(E)
ALL SANGGUNINANG KABATAAN OFFICIALS, DURING THEIR
INCUMBENCY, SHALL BE EXEMPTED FROM PAYMENT OF TUITION AND OTHER MATRICULATION
FEES WHILE ENROLLED IN PUBLIC TERTIARY SCHOOLS, INCLUDING STATE UNIVERSITIES
AND COLLEGES. THE NATIONAL GOVERNMENT SHALL REIMBURSE THE COLLEGE OR UNIVERSITY
IN WHICH THE SK OFFICIAL IS ENROLLED THE AMOUNT OF THE TUITION AND OTHER
MATRICULATION FEES, PROVIDED THAT THE SAID OFFICIAL SHALL ENROLL IN A PUBLIC
TERTIARY SCHOOL LOCATED WITHIN THE REGION OF THE BARANGAY WHERE HE OR SHE AS A
SANGGUNIANG KABATAAN OFFICIAL IS SERVING.
Section 13. Succession
and Filling of Vacancies. – Section 435 of Republic Act No. 7160 is
hereby amended to read as follows:
Section 435. Succession and
Filling of Vacancies –
(A)
In case a Sangguniang Kabataan CHAIRPERSON refuses
to assume office, fails to qualify, is convicted of a felony, voluntarily
resigns, dies, is permanently incapacitated or is removed from office, the Sangguniang
Kabataan member who obtained the next highest number of votes in the election
immediately preceding shall assume the office of the CHAIRPERSON for the
unexpired portion of 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
member who obtained the next highest number of votes shall assume the position
of the CHAIRPERSON for the unexpired portion of the term. IN CASE ALL MEMBERS
OF THE SANGGUNIANG KABATAAN REFUSES TO ASSUME OFFICE OR FAIL TO QUALIFY, A
SPECIAL ELECTION FOR A NEW CHAIRPERSON BY THE KATIPUNAN NG KABATAAN SHALL BE
CONVENED FIFTEEN (15) DAYS AFTER THE VACANCY IN COORDINATION WITH THE
COMMISSION ON ELECTIONS AND THE SANGGUNIANG BARANGAY.
(B)
THE FOLLOWING SHALL CONSTITUTE GROUNDS FOR REMOVAL
FROM OFFICE FOR A SANGGUNIANG KABATAAN CHAIRPERSON AND MEMBERS:
1.
ABSENCE WITHOUT LEAVE OR VALID REASON FOR MORE THAN
THREE (3) CONSECUTIVE MONTHS AS MANIFESTED IN THE RECORDS OF THE SANGGUNIANG
BARANGAY SESSIONS AND SANGGUNIANG KABATAAN MEETINGS;
2.
AS CHAIRPERSON, OR ACTING IN SUCH CAPACITY, FAILURE
TO CONVENE MEETINGS OF THE SANGGUNIANG KABATAAN AND/OR THE KATIPUNAN NG
KABATAAN FOR AT LEAST TWO (2) CONSECUTIVE TIMES;
3.
VIOLATION OF EXISTING LAWS AGAINST GRAFT AND
CORRUPTION AND OTHER CIVIL SERVICE LAWS; AND
4.
CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE.
(C)
IN CASES OF INVESTIGATION FOR REMOVAL FROM OFFICE
OF A SANGGUNIANG KABATAAN OFFICIAL, THE KATIPUNAN NG KABATAAN SHALL FORM A
COMMITTEE WHICH SHALL REPORT TO THE SANGGUNIANG KABATAAN (SK) FEDERATION ITS
OBSERVATIONS, COMMENTS AND RECOMMENDATIONS FOR APPROPRIATE ACTION OR
DISCIPLINARY SANCTIONS FOR THE CONCERNED OFFICIAL. THE SK FEDERATION SHALL
FORWARD THE APPROVED COMMITTEE REPORT CONTAINING THE APPROPRIATE DISCIPLINARY
ACTION TO THE DIRECTOR OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
(DILG) OF THE CONCERNED LOCAL GOVERNMENT BEFORE ITS EFFECTIVITY: PROVIDED THAT
SUCH DECISION IS APPEALABLE TO THE SK PROVINCIAL FEDERATION IN THE CASE OF SK
PAMBAYANG PEDERASYON AND TO THE SK NATIONAL EXECUTIVE BOARD (NEB) IN THE CASE
OF HIGHLY URBANIZED CITIES (HUCÕS) AND INDEPENDENT COMPONENT CITIES (ICCÕS).
(D)
IN CASES OF VACANCY IN THE POSITIONS OF THE
SANGGUNIANG KABATAAN KAGAWAD, THE CHAIRPERSON SHALL CONVENE THE KATIPUNAN NG
KABATAAN TO ELECT MEMBERS OF THE VACATED POSITIONS, PROVIDED THAT SUCH ELECTION
SHALL BE CONDUCTED IN COORDINATIONS WITH THE COMMISSION ON ELECTIONS AND THE
SANGGUNIANG BARANGAY.
Section 14. Pederasyon
ng mga Sangguniang Kabataan. – Section
436 of Republic Act No. 7160 is hereby amended to read as follows:
Section 436. Pederasyon ng mga
Sanguniang Kabataan. –
(A)
x x x
(B)
x x x
(C)
x x x
(D)
THE SANGGUNIANG KABATAAN CHAIRPERSON WHO IS ELECTED
AS FEDERATION PRESIDENT SHALL AUTOMATICALLY SERVE AS AN EX-OFFICIAL MEMBER OF
THE LOCAL SANGGUNIANG PAMBAYAN, PANGLUNGSOD, OR PANLALAWIGAN, AS THE CASE MAY
BE AND OF SPECIAL BODIES, SUCH AS BUT NOT LIMITED TO THE LOCAL HEALTH BOARD,
PEACE AND ORDER COUNCIL, LOCAL DEVELOPMENT COUNCIL, LOCAL SCHOOL BOARD AND
LOCAL TOURISM COUNCIL. AS SUCH HE OR SHE SHALL HAVE THE SAME POWERS, DISCHARGE
THE SAME DUTIES AND FUNCTIONS, AND ENJOY THE SAME PRIVILEGES AS THE REGULAR
MEMBERS OF THESE SPECIAL BODIES.
(E)
The Pederasyon ng mga
Sangguniang Kabataan at the City, Municipality and Provincial level shall have
an automatic allocation of one (1%) percent of the internal revenue allotment of
the local government unit concerned to be used for the programs, projects and
operations of the federation.
(F)
The president of the
pambansang pederasyon ng mga SK shall serve as ex-officio commissioner of the
National Youth Commission as provided for IN Republic Act No. 8044. As
ex-officio commissioner, he OR SHE shall be entitled to the same rank,
compensation, rights and privileges of a department assistant secretary.
(G)
The pambansang pederasyon
ng SK shall maintain its own secretariat for efficient coordination and
effective implementation of its programs.
(H)
The pambansang pederasyon
ng SK shall be independent of all government offices and agencies in its
operations. It shall develop active lines of coordination and communication
with the different government offices and agencies and shall be solely
responsible for all its policies and operations. At the end of each calendar
year, it shall submit to the President of the Philippines, through the
Department of Interior and Local Government (dilg), an annual report of
programs and activities, including a financial statement of all its funds and
disbursements. The Pambansang Pederasyon President is the one responsible for
the submission of the annual report of programs and activities. The Pambansang
Pederasyon President together with the Pambansang Pederasyon Treasurer are
responsible for the submission of the financial statement of all its funds and
disbursements. ALL SUCH INFORMATION MUST BE POSTED IN A PUBLICLY ACCESSIBLE
WEBSITE ON THE INTERNET.
(I)
The Pambansang Pederasyon
ng SK is hereby authorized to receive donations, requests, grants and funds
from other sourcesü subject to the pertinent provisions of law and approval of
the National Executive Board (NEB).
(J)
The pambansang pederasyon
ng SK shall be exempted from all forms of taxation or other impositions, and
shall be free from all duties and all other imposts on any equipment, articles
or goods necessary for its operations.
Section 15. Section
439 of Republic Act No. 7160 is hereby amended to read as follows:
Section 439. Observance of BUWAN 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 Buwan ng Kabataan every May of every year. Non-compliance
with this provision of sangguniang kabataan at all levels would mean an
imposition of disciplinary actions to be determined by the SK Federation in
ACCORDANCE with the SK Constitution and By-Laws.
(B)
The observance of
the BUWAN ng Kabataan shall include the election of the counterparts of all
local elective and appointive officials, as well as heads of national offices
or agencies stationed or assigned in the territorial jurisdiction of the local
government unit, among in-school and community youth residing in the local
government unit concerned from ages thirteen (13) to seventeen (17). During
said week, they shall hold office as boy and girl officials and shall perform
such duties and conduct such activities as may be provided in the ordinance
enacted pursuant to this Chapter.
Section 16. Registration. – Registration of Sangguniang Kabataan
voters shall be governed by Republic Act No. 8189. The system of continuing
registration provided under section 8 of Republic Act No. 8189 shall also apply
to the registration of the Katipunan ng Kabataan members.
Section 17. Constitution and By-Laws. –
The term of office, manner of election, removal, filling up of vacancies,
suspension and disciplinary action of the officers and members of the
Pederasyon ng mga SK at all levels, and the procedure of reviewing and
allocating SK budgets, shall be exclusively governed by the Constitution and
By-laws of the SK promulgated and ratified by the SK National Federation.
Provided, that provisions of such Constitution and By-laws are in line with the
provisions of this Code and other existing national laws and policies of the
youth.
Provided, that the Chairperson/President of the SK
or Pederasyon ng mga SK at any level, who is suspended or removed from his or
her position in accordance with the SK constitution and by-laws and as provided
for in the local government code and other applicable laws shall also be deemed
suspended or removed in the local sanggunian where he or she sits as an ex-officio
member.
The Chairman/President of the Pederasyon at any
level, or the SK Chairperson when removed as ex-officio member of the
sanggunian on the grounds provided in the Local Government Code, shall be
automatically removed as Chairperson/President of the Pederasyon concerned.
Section 18. Appropriations. –
The amount necessary for the implementation of this Act shall be incorporated
in the Annual General Appropriations Act.
Section 19. Separability Clause. – If any
section or provision of this Act shall be declared unconstitutional, the
remaining sections or provisions shall not be affected thereby.
Section 20. Repealing Clause. – All laws,
presidential decrees, executive orders, letters of instruction, rules and
regulations which are inconsistent with any of the provisions of this Act are
hereby repealed or modified accordingly.
Section 21. Effectivity Clause. – This Act
shall take effect fifteen (15) days after the completion of its publication in
the Official Gazette or in any newspaper of general circulation.
Approved,