Title
Rules for Implementing Youth in Nation-Building Act
Law
Nyc
Decision Date
Sep 14, 1998
The "Youth In Nation-Building Act" outlines guidelines and procedures for the implementation of the law, recognizing the important role of the youth in nation-building and promoting their well-being, patriotism, and involvement in public affairs. The law establishes the National Youth Commission as the sole policy-making and coordinating body for youth-related institutions and programs, with the power to formulate policies, implement youth development programs, and establish linkages with international youth organizations.

Policy, purpose, and national objectives

  • Section 1, Rule I declares state policy to recognize the vital role of the youth in nation-building and to promote and protect the youth’s physical, moral, spiritual, and social well-being.
  • Section 1, Rule I directs the inculcation of patriotism and nationalism and encourages youth involvement in public and civic affairs.
  • Section 1, Rule I requires that the National Comprehensive and Coordinated Program on Youth Development be based on these principles:
    • Promotion and protection of the youth’s physical, moral, spiritual, intellectual, and social well-being to help the youth realize their potential in improving life quality.
    • Inculcation of patriotism and nationalism and other desirable values that infuse faith in the Creator, belief in the sanctity of life and dignity of the human person, conviction for family strength and unity, and adherence to truth and justice.
    • Encouragement of youth character-building and development activities for civic efficiency; stewardship of natural resources; agricultural and industrial productivity; and understanding of world economic commitments on tariffs and trade and other relevant international treaties, agreements, and conventions.
    • Youth participation in policy-making and program implementation structures to reduce poverty incidence and accelerate socio-economic development.
    • Mobilization of youth abilities, talents, skills, creativity, inventive genius, and enthusiasm and hope for freedom from fear, hunger, and injustice.
  • Section 2, Rule II requires liberal interpretation of these Rules to better achieve the objectives of Republic Act No. 8044.

Definitions and interpretive rule

  • “Youth” means persons aged 15 to 30 years (Section 1(a), Rule II).
  • “Youth Organizations/s” means organized groups whose membership or composition consists of youth as defined (Section 1(b), Rule II).
  • “Youth-Serving Organization/s” means organizations or institutions whose principal programs, projects, and activities are youth-oriented and/or youth-related (Section 1(c), Rule II).
  • “Commission” means the National Youth Commission (Section 1(d), Rule II).
  • “Commission Proper” means the Chairperson and Commissioners acting as a body (Section 1(e), Rule II).
  • “Development Program” means the National Comprehensive and Coordinated Program on Youth Development established by Republic Act No. 8044 (Section 1(f), Rule II).
  • “Council” refers to the Advisory Council created under Section 14 of Republic Act No. 8044 (Section 1(g), Rule II).
  • “Medium-Term Youth Development Plan” means the development program the government for the youth (Section 1(h), Rule II).

National youth development program structure

  • The Development Program must be formulated, developed, and implemented with these components (Section 1, Rule III).
  • The program must include a four-year Medium Term Youth Development Plan (MTYDP) following approval of Republic Act No. 8044, and every three years thereafter, aligned to and complementary with the Medium Term Philippine Development Plan for the corresponding period, taking into account the existing National Youth Development Plan (NYDP) under Executive Order No. 176 (1994) (Section 1(a), Rule III).
  • The program must include a National Study on the Situation of the Youth in the Philippines for the period up to approval of Republic Act No. 8044, and every three years thereafter, identifying priority needs, prevailing youth attitudes and values, existing services, and gaps in delivery of services needed for basic youth needs (Section 1(b), Rule III).
  • The program must include a National Review, Evaluation and Reform of all organizations delivering youth services for the period up to approval of Republic Act No. 8044, and every three years thereafter (Section 1(c), Rule III).
  • The program must include activities to operationalize implementing structures of the Development Program; preparations and participation in youth activities with global significance including World Youth Day; and leadership and support on a continuing and sustained basis (Section 1(d), Rule III).
  • The program must include a comprehensive, coordinated, nationwide youth service delivery system consisting of:
    • Existing public and civic services for youth, which after review and reform or realignment support the policy and program framework under Republic Act No. 8044; and
    • Innovative youth services and delivery systems in areas without adequate services and responsive to needs, following pilot demonstration projects to test validity and feasibility (Section 1(e), Rule III).
  • The program must include participation of Filipino youth in the Biennial World Youth Day starting 1997 in Paris, France and every two (2) years thereafter (Section 1(f), Rule III).

Commission organization, status, and powers

  • The National Youth Commission Proper consists of the Chairperson, two Commissioners chosen at large, Commissioners representing Luzon, Visayas, and Mindanao, and the President of the Pambansang Katipunan ng mga Sangguniang Kabataan serving as ex-officio (Section 1, Rule IV(A)).
  • The Chairperson must not be more than forty-five (45) years of age, and appointive Commissioners must not be more than forty (40) years of age at any time during incumbency (Section 2, Rule IV(A)).
  • The Chairperson and appointive Commissioners must be natural-born citizens, must have occupied responsibility and leadership positions in duly registered youth and youth-serving organizations or institutions, must be of good moral character, and must not have been convicted of any crime involving moral turpitude (Section 2, Rule IV(A)).
  • The President appoints the first Chairperson and Commissioners:
    • Chairperson and Commissioner-at-Large from nominees submitted by youth organizations or institutions with national constituencies; and
    • Regional Commissioners for Luzon, Visayas, and Mindanao from nominees submitted by organizations or institutions with regional constituencies (Section 3, Rule IV(A)).
  • The ex-officio Commissioner is appointed by the President upon election of the President of PKSK, serving for a term co-extensive with the PKSK Presidency (Section 3, Rule IV(A)).
  • Succeeding Chairperson and two Commissioner-at-Large appointments must come from a list of at least three (3) but not more than five (5) nominees for each position submitted by duly registered youth and youth-serving organizations or institutions with national constituencies (Section 3, Rule IV(A)).
  • Succeeding regional Commissioners must come from a list of at least three (3) but not more than five (5) nominees for each position submitted by organizations or institutions in their respective areas, duly registered with the Commission (Section 3, Rule IV(A)).
  • The first Chairperson and Commissioners serve a term of four (4) years; succeeding Chairperson and Commissioners serve three (3) years with reappointment for another term (Section 4, Rule IV(A)).
  • The Chairperson has the rank and privileges of a Department Undersecretary, while Commissioners (including the ex-officio) have the rank and privileges of Assistant Secretaries of a Department (Section 5, Rule IV(A)).
  • The Commission is independent and autonomous, has the status of a national agency attached to the Office of the President, and exercises corporate powers; it is the sole policy-making and coordinating body of all youth-related institutions, programs, projects, and activities of the government (Section 6, Rule IV(B)).
  • The Commission’s objectives include providing leadership in youth policy and priorities; encouraging wide youth participation; harnessing youth potential in nation-building; supplementing appropriations with other sources of funds; and providing leadership in formulation and implementation of the Development Program (Section 7, Rule IV(B)).
  • The Commission Proper is empowered, among others, to appoint personnel (subject to civil service laws), suspend/dismiss/discipline for cause, adopt a seal, enter into contracts, acquire and dispose of property, accept donations and grants, ensure implementation of youth projects indicated in annual budgets, sue and be sued, and perform acts incident to its creation (Section 8, Rule IV(C)).

Commission operations, leadership, and advisory structures

  • The Commission Chairperson (Chief Executive Officer) executes policies and resolutions, directs and supervises Commission operations, signs appointments of subordinate officials and enforces decisions in administrative disciplinary cases, makes temporary assignments in line with civil service law, and submits an annual budget for Commission approval (Section 1, Rule V).
  • The Chairperson submits policy proposals for Commission approval, serves as official spokesperson, delegates authority to Commissioners or officials, convenes and presides over meetings and fixes the agenda, provides leadership and supervision of Commission programs, represents the Commission and youth sector when necessary, supervises the Secretariat through the Executive Director, and performs other related functions as provided by law or assigned by the Commission (Section 1, Rule V).
  • When the Chairperson is temporarily unable or incapacitated due to physical or legal reasons (including leave of absence and travel), the Chairperson may designate in writing a Commissioner to serve as Commissioner-in-charge; the designation is automatically revoked when the Chairperson reports back (Section 2, Rule V).
  • In case of death, permanent disability, removal from office, or resignation of the Chairperson, Commissioners elect from among themselves a Commissioner-in-charge to serve as Chairperson until a new Chairperson is appointed by the President and qualified (Section 2, Rule V).
  • In case of permanent vacancy among Commissioners, the Commission Proper informs the Office of the President of the vacancy within thirty (30) days from actual knowledge (Section 3, Rule V).
  • The Commission holds a regular meeting once a week, on a day determined by majority vote; changes in schedule require consent of a majority of Commissioners; in extreme urgency, the Chairperson through the Executive Director may call a special meeting (Section 5, Rule V).
  • Quorum exists only when there are at least four (4) Commissioners physically present; once quorum is declared, presence is presumed to continue until the end of the meeting unless the quorum issue is timely raised (Section 6, Rule V).
  • Decisions require a majority vote in a meeting where there is quorum (Section 7, Rule V).
  • The Commission must constitute the Parliament of Youth Leaders (Section 1, Rule VII).
  • The Youth Parliament meets at the call of the Commission and convenes every two (2) years in a regular session lasting two to three (3) days (Section 2, Rule VII).
  • Delegates are chosen by the Commission with equal and geographical representation among men and women; delegates must be of good moral character, able to read and write, have not been convicted of any crime involving moral turpitude, and must not be more than thirty (30) years of age on election day and on the day the Parliament is convened (Section 3, Rule VII).
  • Members of the Youth Parliament serve only one (1) term (Section 3, Rule VII).
  • The Commission defines by appropriate resolution the rules and procedure for identifying, selecting, accrediting agencies/organizations/institutions for representation and selecting their delegates (Section 4, Rule VII).
  • The Youth Parliament must study and discuss youth concerns and welfare; formulate a youth legislative agenda to recommend to the Commission and other agencies; create and support task forces between sessions; serve as official coordinators in their jurisdictional areas; and perform other functions under Republic Act No. 8044 or designated by the Commission (Section 5, Rule VII).
  • At the end of each regular session, the Youth Parliament must present its proceedings, declarations, and resolutions to the Commission (Section 6, Rule VII).
  • The Advisory Council includes the Secretary of the Department of Education, Culture and Sports (DECS) as Chairperson, and the Secretaries of DBM, DSWD, DILG, DA, DOLE, DENR, NEDA, plus the Chairman of PCSO and PSC, and the Chairmen of Senate and House Committees dealing with youth and sports development (Section 1, Rule VIII).
  • The Advisory Council may consult or invite CHED, TESDA, the Dangerous Drugs Board (DDB), and other government agencies when necessary for implementation (Section 1, Rule VIII).
  • The Advisory Council meets once every three (3) months or as often as necessary upon call of the Council Chairperson and advises the Commission (Section 2, Rule VIII).
  • The Advisory Council may organize task forces that convene between Council meetings (Section 3, Rule VIII).
  • The Commission provides technical support and the secretariat required for the Advisory Council to carry out its functions (Section 4, Rule VIII).

Executive Director and Secretariat role

  • The Executive Director is appointed by the President on recommendation of the Commission for the term provided under Republic Act No. 8044 (Section 1, Rule VI).
  • The Executive Director must not be more than forty-five (45) years old during incumbency and must have executive and management experience of at least three (3) years with considerable exposure to youth affairs and project or program management (Section 2, Rule VI).
  • The Executive Director has the qualifications, rank, and privileges of a bureau director (Section 2, Rule VI).
  • The Executive Director serves as the chief operating officer and concurrently acts as head of the Secretariat organized by the Commission (Section 3, Rule VI).
  • As chief operating officer, the Executive Director advises the Chairperson, assists in overall supervision of administrative business, oversees operational activities, coordinates Commission programs/projects, and ensures economical, efficient, and effective administration (Section 3, Rule VI).
  • The Executive Director proposes specific resource allocations for approved programs, submits periodic reports on progress and accomplishments, prepares an annual report, provides general administrative and technical staff support, and provides legal advice to interpret laws and rules affecting Commission operations (Section 3, Rule VI).
  • The Executive Director supervises field offices, acts as Commission Secretary for Commissioners’ meetings and ensures required documents are prepared and maintained, and performs other assigned duties (Section 3, Rule VI).

Fiscal matters and youth assets transfer

  • No money is paid out of the Commission’s funds except under authority of a Commission resolution or as part of regular operations, subject to the availability of funds (Section 1, Rule IX).
  • In disbursing funds, the Commission must follow pertinent rules and regulations governing disbursement of public funds (Section 2, Rule IX).
  • The assets, properties, and funds of the Pambansang Katipunan ng mga Sangguniang Kabataan Barangay and those of the Pambansang Katipunan ng mga Sangguniang Kabataan Barangay and the Presidential Council for Youth Affairs (PCYA) and all other youth-serving agencies under the Office of the President are transferred to the Commission (Section 1, Rule X).
  • The Commission assumes property rights and records, utilizes, and manages the transferred assets, properties, and funds in accordance with pertinent rules and regulations promulgated by the Commission, subject to usual accounting rules and procedure (Section 1, Rule X).
  • Pending final transfer, the Commission may undertake transactions involving the assets, properties, and funds in accordance with pertinent laws and rules, and in consultation with the Department of Budget and Management and the Commission on Audit (Section 2, Rule X).

Tax treatment and Presidential land grants

  • Donations, contributions, bequests, and grants to the Commission constitute allowable deductions from the income of the donor for income tax purposes and are exempt from donor’s tax, subject to conditions provided under the National Internal Revenue Code, as amended (Section 1, Rule XI).
  • The President may, upon authority of Congress, grant by donation, sale, lease, or otherwise to the Commission any portion of the public domain necessary for youth development and training centers in all regions and for accomplishment of the Commission’s purposes (Section 1, Rule XII).
  • The Commission identifies and recommends to the President what portion of the public domain is appropriate for implementing this grant (Section 1, Rule XII).
  • The Commission is responsible for development, management, and maximum utilization of such land grants provided (Section 2, Rule XII).

Stamps and gold coins for youth events

  • The Commission arranges with the Philippine Postal Corporation and the Bangko Sentral ng Pilipinas for issuance of paper stamps and minting of gold coins depicting youth events and other motifs the Commission decides, under terms beneficial to the Commission (Section 1, Rule XIII).
  • The selection of events and motifs for printing stamps and minting gold coins must follow rules and criteria promulgated by the Commission in consultation with the National Historical Institute (Section 2, Rule XIII).

Separability, amendments, and effectivity rule

  • If any part of these Rules is declared unconstitutional or invalid, the remaining parts continue in full force and effect (Section 1, Rule XIV).
  • The Commission may amend these Rules at any time with a majority vote of not less than five (5) members (Section 2, Rule XIV).
  • The Rules take effect upon publication in the Official Gazette (Section 3, Rule XIV).

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