QuestionsQuestions (Republic Act No. 8044)
Republic Act No. 8044 is the “Youth in Nation-Building Act.” It creates the National Youth Commission and establishes a National Comprehensive and Coordinated Program on Youth Development.
Under Section 4(a), “Youth” refers to persons aged fifteen (15) to thirty (30) years old.
The State recognizes responsibility to enable youth to fulfill a vital role in nation-building. It establishes the program, creates structures to implement it, and appropriates adequate funds for continuing and sustained support.
The principles include: (1) promotion and protection of youth well-being (physical, moral, spiritual, intellectual, social); (2) inculcation of patriotism, nationalism, faith in the Creator, belief in sanctity of life and human dignity, strength and unity of the family, and adherence to truth and justice; (3) encouraging youth involvement in civic efficiency, stewardship of natural resources, productivity, understanding tariffs and trade, and participation in policy structures to reduce poverty and accelerate development; and (4) mobilizing youth talents and redirecting creativity and hope for freedom from fear, hunger, and injustice.
The components include: (1) formulation, approval, and implementation of a Medium-Term Youth Development Program every four years following approval and every three years thereafter; (2) a national study on the situation of youth in the Philippines up to approval and every three years thereafter; (3) a national review, evaluation, and reform of organizations delivering youth services on the same periodic basis; (4) activities to operationalize implementing structures and support youth activities of global significance; (5) a comprehensive, coordinated nationwide service delivery system (existing services after review/reform and innovative services tested by pilot projects); and (6) participation of Filipino youth in Biennial World Youth Day starting 1997.
It has: a chairman; one commissioner each representing Luzon, Visayas, and Mindanao; two commissioners chosen at large; and the President of the Pambansang Katipunan ng mga Sangguniang Kabataan as an ex officio commissioner.
The first chairman and commissioners (with term of four years) are constituted by the President of the Philippines from nominees submitted by youth organizations/institutions with national or regional constituencies existing for at least three years as of approval.
Succeeding chairman and two at-large commissioners are appointed by the President from a list of at least three but not more than five nominees per position submitted by duly registered youth and youth-serving organizations with national constituencies. Luzon/Visayas/Mindanao commissioners are appointed from similar nominee lists submitted by organizations in their respective areas.
The chairman and appointive commissioners serve for three years and may be reappointed for another term. The chairman has the rank and privileges of a department undersecretary; appointive commissioners have the rank and privileges of assistant secretaries; the ex officio commissioner also has assistant secretary rank/privileges.
They must not exceed age limits (chairman: 45; appointive commissioners: 40), be natural-born citizens, have held leadership/responsibility positions in duly registered youth/youth-serving organizations or institutions, be of good moral character, and not have been convicted of a crime involving moral turpitude.
The Commission is independent and autonomous with the same status as a national government agency attached to the Office of the President. It exercises corporate powers, may sue and be sued, has a seal, and is the sole policy-making coordinating body of all youth-related institutions, programs, projects, and activities of the government.
Examples include: (1) appointing officers and personnel (subject to civil service laws); (2) suspending/dismissing/disciplining employees or approving/disapproving personnel actions (subject to law); (3) entering into contracts; (4) acquiring and disposing of property and assets; (5) accepting donations/grants; (6) ensuring implementation of youth projects indicated in agency budgets; (7) issuing rules and regulations; and (8) performing other acts incident/required by its creation.
The Commission must establish a consultative mechanism/forum for continuing dialogue between government and the youth sector for planning and evaluation of youth policies, programs, and projects. It should include representatives of all youth organizations and institutions, including the Sangguniang Kabataan from barangay, municipal, city, provincial, and national levels.
The Youth Parliament is constituted under Section 13. It is initially convened within six months from full constitution of the Commission and thereafter convened every two years, at the Commission’s call. Regular sessions last 2–3 days; it may form task forces in between. Delegates are chosen by the Commission with equal and geographical representation among men and women; must be of good moral character, able to read and write, not convicted of crimes involving moral turpitude, and not more than 30 years old on election day and on the day the Parliament is convened.
The Advisory Council consists of specified government department heads, heads of key agencies/bodies, and the chairmen of relevant Senate/House committees dealing with youth and sports development. It meets once every three months (or as necessary) upon call of its chairman.
It authorizes an initial additional appropriation of ₱50,000,000 charged against unexpended contingency funds of the Office of the President. Thereafter, annual operation/maintenance is included in the General Appropriations Act. Operating expenses of the Commission itself cannot exceed 14% of the annual appropriation, and at least 86% must be disbursed for the national youth development program, projects, and activities.
Under Section 16, assets, properties, and funds of the Pambansang Katipunan ng Kabataang Barangay and the Presidential Council for Youth Affairs under EO 274 (and other youth-serving agencies under the Office of the President) are transferred to the Commission. Under Section 17, separated officials/employees resulting from the Act may be absorbed by the Commission if qualified (without loss/diminution of pay, seniority, or rank), or may transfer to another office or opt for separation pay/retirement benefits; separation/retirement benefits derive from funds transferred.
Donations/contributions/bequests/grants to the Commission are allowable deductions from the donor’s income for income tax purposes and are exempt from donor’s tax, subject to conditions under the National Internal Revenue Code.
The President may, upon authority of Congress, grant by donation, sale, lease, or otherwise to the Commission portions of public domain land needed for youth development and training centers and for the Act’s purposes.