Title
IRR of RA 10656 on SK Elections Postponement
Law
Irr Republic Act 10656
Decision Date
Aug 13, 2015
The Implementing Rules and Regulations of Republic Act No. 10656 postpones the Sangguniang Kabataan elections to October 2016, aiming to protect the well-being of the youth and encourage their active participation in public affairs, while also addressing the allocation of funds for youth development programs and establishing a Committee on Youth and Sports Development.

Policy declaration and constitutional basis

  • The IRR declares a policy recognizing the vital role of the youth in nation building.
  • The IRR requires the State to protect the youth’s physical, moral, spiritual, intellectual and social well-being.
  • The IRR requires the State to inculcate patriotism in the youth.
  • The IRR requires the State to encourage active participation in public and civic affairs, citing Article II, Section 13 of the 1987 Philippine Constitution (Section 1, Rule 1).

Election dates and synchronization schedule

  • Barangay and Sangguniang Kabataan (SK) elections are synchronized for June 2, 2002.
  • Subsequent synchronized barangay and SK elections are held on the Monday of October 2007 and every 3 years thereafter (Section 1, Rule 2).
  • The IRR states that the SK elections follow the synchronized barangay-SK schedule (Section 1, Rule 2).

Vacancy of SK positions; ban on appointments

  • SK positions remain vacant until the new set of officials are duly elected and qualified (Section 1, Rule 3).
  • No appointment is allowed to the vacated SK positions (Section 1, Rule 3).

SK funds allocation and permitted uses

  • The IRR requires that 10% of the general fund of the barangay allocated for the SK be used solely for youth development programs or projects until the new SK officials are duly elected and qualified (Section 1, Rule 4).
  • The IRR allocates SK funds to:
    • Youth Development Programs and Projects, including but not limited to:
      1. Capacity-Building, such as:
        • Leadership Training/Youth Camp Program
        • Employability Skills Training
        • Value Formation, Citizenship/Nation-Building Seminar
        • Voters Registration Seminar or First Time Voter Seminar
      2. Health Services and Adolescent Reproductive Health Program
      3. Out of School Youth Programs
      4. Socio-Cultural and Sport Development
      5. Climate Change Adaption and Disaster Risk Reduction Management related activities
      6. Other similar youth-related development programs and projects
    • Conduct of SK Elections, with 10% reserved but not less than Ten Thousand (PHP 10,000) Pesos if the election will be conducted (Section 2, Rule 4).
  • The IRR requires posting of:
    • The Youth Development Plan and Budget
    • The report on Disbursement/Expenses
      in the barangay hall bulletin board, in three (3) conspicuous places or public places in the barangay, and on the official barangay website (if available) (Section 3, Rule 4).
  • The IRR mandates reporting of utilization:
    • The annual report of utilization of FY 2015 SK Funds must be submitted not later than January 31, 2016 to the DILG, with copy furnished the National Youth Commission (NYC) (Section 4, Rule 4).

Barangay committees and youth task force

  • The IRR provides that the barangay member elected as Chairperson of the Committee on Women and Family also serves as chairperson of the Committee on Youth and Sports Development (Section 1, Rule 5).
  • The chairperson must oversee the implementation of the Youth and Sports Development Programs and Projects (Section 1, Rule 5).
  • If there is no Committee on Women and Family, the sangguniang barangay elects among sangguniang barangay members (barangay kagawads) the chair and members of the Youth and Sports Development Committee (Section 1, Rule 5).
  • The elected chairperson heads the Task Force on Youth Development and must:
    • Ensure implementation of youth and sports programs/projects in conformity with Rule 4 (Section 1, Rule 5).
    • Oversee/monitor implementation (Section 1, Rule 5).
    • Prepare the reports on SK Fund utilization (Section 1, Rule 5).

Task Force composition, qualifications, and organization

  • A Task Force on Youth Development (TFYD) must exist in every barangay nationwide (Section 2, Rule 5).
  • The TFYD is composed of:
    • The chairperson of the Youth and Sports Development Committee
    • Plus eight (8) members coming from nominees of the katipunan ng Kabataan and other organizations operating within the barangay (Section 2, Rule 5).
  • The eight members are determined through a resolution of the sangguniang barangay (Section 2, Rule 5).
  • The youth members must meet these qualifications on the date of designation:
    • Age at least 15 years of age to 17 years of age
    • Good moral character
    • Resident of the barangay for at least six (6) months
    • Not related within the third (3rd) civil degree of consanguinity and affinity to the Punong Barangay and the chairperson of the Youth and Sports Development Committee (Section 2, Rule 5).
  • The TFYD must be organized within thirty (30) days from the effectivity of this IRR (Section 3, Rule 5).
  • The IRR requires TFYD organization steps:
    • Nominees’ names must be posted for five (5) consecutive days in the barangay hall bulletin board, with notice of the date, place and time of the hearing (Section 3, Rule 5).
    • The committee, headed by its chairperson, must conduct a hearing to determine nominees’ capability and compliance with qualifications (Section 3, Rule 5).
    • After the hearing, the committee must recommend for designation to the sangguniang barangay the eight (8) members from the nominees list, ensuring composition representative of existing sectors (Section 3, Rule 5).
    • If disqualifications result in fewer than eight (8) members, additional nominees must undergo the same posting and hearing; if no qualified nominees are found, the number of youth members is reduced, but must not be less than four (4) (Section 3, Rule 5).

TFYD term, replacement rule

  • TFYD members remain in office until the SK officials are duly elected and qualified (Section 4, Rule 5).
  • The task force previously constituted under the Implementing Rules and Regulations of R.A. 10632 is replaced by the task force constituted under this IRR (Section 4, Rule 5).

Youth Development Plan integration and budgeting

  • The TFYD must formulate a Youth Development Plan (YDP) for one fiscal year containing its programs, activities and projects and budget (Section 1, Rule 6).
  • The TFYD must submit the YDP with corresponding budget to the Punong Barangay (Section 1, Rule 6).
  • The Punong Barangay reviews the YDP for inclusion in the over-all Barangay Development Plan (Section 1, Rule 6).
  • The Punong Barangay may ask clarification or suggest/advise adjustments to improve the YDP (Section 1, Rule 6).
  • The sangguniang barangay must enact an appropriate Budget Ordinance for the YDP purpose and submit it to the Sangguniang Panlungsod/Bayan for review (Section 1, Rule 6).

Access to funds and activity designs

  • After the Sangguniang Barangay approves the barangay budget, the TFYD may begin accessing funds for planned projects and activities (Rule 7).
  • The TFYD must:
    • Prepare an individual activity design for each project/activity, signed by all TFYD members, detailing the process and indicating the funds to be used (Rule 7).
    • Submit the activity designs to the Punong Barangay (Rule 7).

Final provisions: separability, repeal, effectivity

  • The IRR includes a separability clause: if any provision or part is declared invalid or unconstitutional, the remaining provisions continue in force (Section 1, Rule 8).
  • The IRR includes a repealing clause: all other rules and regulations or parts inconsistent with the Act and the IRR are repealed, amended, or modified accordingly (Section 2, Rule 8).
  • The IRR’s effectivity is immediate upon approval (Section 3, Rule 8).

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