Title
Sangguniang Kabataan Reform Act of 2015
Law
Republic Act No. 10742
Decision Date
Jan 15, 2016
The Sangguniang Kabataan Reform Act of 2015 establishes reforms in the youth council system in the Philippines, promoting meaningful youth participation in nation-building and outlining the privileges, responsibilities, and qualifications of SK officials.

State policy and objectives

  • Section 2 recognizes the “vital role of the youth in nation-building” and promotes and protects their physical, moral, spiritual, intellectual and social well-being.
  • Section 2 requires the State to inculcate in the youth patriotism, nationalism and other desirable values.
  • Section 2 directs the State to establish adequate, effective, responsive and enabling mechanisms and support systems.
  • Section 2 mandates mechanisms to ensure the meaningful participation of the youth in local governance and nation-building.

Defined terms and coverage

  • Section 3 defines “Commission” as the National Youth Commission created under Republic Act No. 8044.
  • Section 3 defines “Local Chief Executive” as the provincial governor, city and municipal mayor.
  • Section 3 defines “Local Government Operations Officer” as the duly designated head of the office of the Department of the Interior and Local Government (DILG) stationed in the concerned local government unit.
  • Section 3 defines “Local Sanggunian” as the sanggunian panlalawigan, sanggunian panlungsod and sanggunian bayan.
  • Section 3 defines “Youth Affairs Provincial Officer” as a person appointed or designated by the Commission to serve as its agent in the province with tasks under the Act or other tasks the Commission deems necessary.
  • Section 3 defines “Youth” as those whose ages range from fifteen (15) to thirty (30) years old as defined in Republic Act No. 8044.
  • Section 3 defines “Youth Organizations” as organizations whose membership/composition is the youth.
  • Section 3 defines “Youth-Serving Organizations” as registered organizations whose principal programs, projects and activities are youth-oriented and youth-related.

Katipunan ng Kabataan in every barangay

  • Section 4 requires that every barangay shall have a Katipunan ng Kabataan.
  • Section 4 provides that the Katipunan ng Kabataan is composed of all citizens of the Philippines residing in the barangay for at least six (6) months.
  • Section 4 limits membership to persons who are at least fifteen (15) but not more than thirty (30) years of age.
  • Section 4 requires that members be duly registered in the list of the Commission on Elections (COMELEC) and/or the records of the Sangguniang Kabataan secretary.

Sangguniang Kabataan: creation, elections, powers

  • Section 7 requires that every barangay shall have a Sangguniang Kabataan composed of a chairperson and seven (7) members.
  • Section 7 provides that the chairperson and members are elected by the registered voters of the Katipunan ng Kabataan.
  • Section 7 requires that the Sangguniang Kabataan chairperson, with the concurrence of the majority of members, appoints from among Katipunan ng Kabataan members a secretary and a treasurer.
  • Section 5 makes the Katipunan ng Kabataan the electing body for the Sangguniang Kabataan chairperson and members and the highest policy-making body to decide matters affecting youth in the barangay.
  • Section 5 mandates that the Sangguniang Kabataan consult and secure the concurrence of the Katipunan ng Kabataan in formulating its programs, plans and activities.
  • Section 8 directs the Sangguniang Kabataan, in consultation and with concurrence of the Katipunan ng Kabataan, to formulate within three (3) months from assumption to office a three (3)-year rolling plan known as the Comprehensive Barangay Youth Development Plan.
  • Section 8 provides that the Comprehensive Barangay Youth Development Plan serves as basis for the Annual Barangay Youth Investment Program aligned with the Philippine Youth Development Plan (PYDP) and other relevant local youth development plans.
  • Section 8 requires the Sangguniang Kabataan to approve the annual budget (the annual slice of the Annual Barangay Youth Investment Program) before the start of the succeeding fiscal year and, if funds allow, a supplemental budget; changes must follow existing budget rules and procedures.
  • Section 8 empowers the Sangguniang Kabataan to promulgate resolutions necessary to carry out youth objectives in the barangay in accordance with the Comprehensive Barangay Youth Development Plan and applicable provisions of the Act.
  • Section 8 requires the Sangguniang Kabataan to initiate and implement programs and projects promoting general welfare, development, and empowerment of youth in coordination with national government agencies and/or private or non-government institutions.
  • Section 8 authorizes the Sangguniang Kabataan to hold fund-raising activities in line with the Comprehensive Barangay Youth Development Plan, with proceeds that are tax-exempt and accrue to the general fund of the Sangguniang Kabataan, subject to:
    • the specific purpose of the activity being satisfied first in appropriation; and
    • appropriation following existing applicable budget, accounting and auditing rules and regulations.
  • Section 8 authorizes the creation of regular and special committees and other bodies needed to effectively carry out programs and activities, with chairpersons and members drawn from either Sangguniang Kabataan members or Katipunan ng Kabataan members.
  • Section 8 requires submission of annual and end-of-term program accomplishments and financial reports to the Sangguniang Barangay, to be presented during the Katipunan ng Kabataan assembly, and to be copied furnished to the Office of the Local Government Operations Officer and the Local Youth Development Council (LYDC), using the forms prescribed by DILG and the Commission.
  • Section 8 mandates partnership with the LYDC in planning and executing projects and programs of specific advocacies including: good governance, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, and sports development.
  • Section 8 requires adoption and implementation of a policy on full public disclosure of all transactions and documents involving public interest.
  • Section 8 grants the Sangguniang Kabataan other powers and functions prescribed by law or ordinance, or delegated by the Sangguniang Barangay or the Commission.

Meetings, quorum, qualifications, and term

  • Section 6 requires the Katipunan ng Kabataan to meet at least once every six (6) months, or at the call of the Sangguniang Kabataan chairperson, or upon written petition of at least one-twentieth (1/20) of its members.
  • Section 6 limits Katipunan ng Kabataan meetings to deciding important issues affecting youth in the barangay.
  • Section 9 requires the Sangguniang Kabataan to meet regularly once a month on a date, time, and place fixed by the sanggunian.
  • Section 9 provides that special meetings may be called by the chairperson or any four (4) members by giving written notice of date, time, place and agenda.
  • Section 9 requires notice delivery through personal delivery, registered mail, fax or email and mandates receipt at least one (1) day in advance.
  • Section 9 requires furnishing the Sangguniang Barangay and the Municipal or City Youth Development Council with notices and furnishing the minutes thereafter.
  • Section 9 establishes that quorum consists of a majority of members including the chairperson.
  • Section 10 requires Sangguniang Kabataan officials to be citizens of the Philippines, qualified voters of the Katipunan ng Kabataan, and barangay residents for not less than one (1) year immediately preceding the elections.
  • Section 10 requires age on the election day of at least eighteen (18) but not more than twenty-four (24) years, ability to read and write Filipino, English, or the local dialect, and no relationship within the second civil degree of consanguinity or affinity to specified incumbent elected officials in the locality.
  • Section 10 disqualifies candidates convicted by final judgment of any crime involving moral turpitude.
  • Section 11 establishes a fixed term of three (3) years for the Sangguniang Kabataan chairperson and members unless sooner removed for cause, permanently incapacitated, have died or resigned.
  • Section 11 provides that the Sangguniang Kabataan secretary and treasurer are coterminous with the appointing authority unless removed for cause, for failure in duties, or for abuse of authority through a majority vote of all members of the Katipunan ng Kabataan in a regular or special assembly called for the purpose.
  • Section 11 allows a Sangguniang Kabataan official who passes twenty-four (24) years during the term to serve the remaining portion for which elected.
  • Section 12 provides that the Sangguniang Kabataan chairperson automatically serves as an ex officio member of the Sangguniang Barangay upon assumption to office, with the same powers, duties, functions, privileges, and as chairperson of the Committee on Youth and Sports Development.
  • Section 12 provides that the Sangguniang Kabataan chairperson is entitled to pro-rata honoraria for every session of the Sangguniang Barangay attended.
  • Section 13 provides that the Sangguniang Kabataan chairperson calls and presides over meetings and votes in case of a tie, except when the agenda involves disciplinary action against the Sangguniang Kabataan chairperson, in which case the highest ranking Sangguniang Kabataan member presides.
  • Section 13 assigns to the chairperson leadership in formulation of the Comprehensive Barangay Youth Development Plan and preparation and implementation of the Annual Barangay Youth Investment Program, ensuring implementation in coordination with the Sangguniang Barangay and the Municipal or City LYDC.
  • Section 13 requires the chairperson to sign required documents and warrants drawn from Sangguniang Kabataan funds for expenditures implementing the plan and investment program.
  • Section 13 provides general supervision over the affairs and activities of the Sangguniang Kabataan and Katipunan ng Kabataan and the official conduct of members.
  • Section 13 requires that, with concurrence of the Sangguniang Kabataan, the chairperson appoints the secretary and treasurer from among Katipunan ng Kabataan members.
  • Section 13 mandates coordination with the Sangguniang Barangay and other youth organizations within the barangay on youth-related programs and projects they wish to initiate and implement.

Officers’ duties and privileges

  • Section 14 requires the Sangguniang Kabataan secretary to keep records of the Katipunan ng Kabataan, including list of qualified members, youth policies, studies, research, and registry of youth and youth-serving organizations if any.
  • Section 14 requires the secretary to prepare and keep minutes of Katipunan ng Kabataan assemblies and Sangguniang Kabataan meetings.
  • Section 14 mandates posting on the barangay bulletin board and in at least three (3) conspicuous places within the barangay, and if possible using traditional and nontraditional media, plus making available to any person with legal purpose, resolutions approved by the Sangguniang Kabataan, program and project annual and end-of-term reports, and the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program, with dissemination to concerned offices, institutions and individuals.
  • Section 15 requires the Sangguniang Kabataan treasurer to take custody of property and funds.
  • Section 15 requires the treasurer to collect and receive contributions, monies, materials and resources intended for the Sangguniang Kabataan and Katipunan ng Kabataan.
  • Section 15 requires the treasurer to serve as co-signatory in all withdrawals from Sangguniang Kabataan funds and to disburse funds in accordance with the approved annual budget and supplemental budget as applicable.
  • Section 15 requires the treasurer to certify availability of funds when necessary.
  • Section 15 mandates submission to the Sangguniang Kabataan and Sangguniang Barangay of certified and detailed statements of actual income and expenditures at the end of every quarter and posting in the barangay bulletin board and at least three (3) conspicuous places, and if possible including traditional and nontraditional media.
  • Section 15 requires the treasurer to render a report during the regular Katipunan ng Kabataan assembly on the financial status of the Sangguniang Kabataan.
  • Section 16 provides that all Sangguniang Kabataan officials in good standing, whether elected or appointed, enjoy specified privileges during incumbency.
  • Section 16(1) grants exemption from payment of tuition and matriculation fees while enrolled in any public tertiary school including state colleges and universities and locally funded public educational institutions within or nearest their area of jurisdiction, with National Government reimbursement through DILG to the college or university for tuition and matriculation fees.
  • Section 16(2) exempts Sangguniang Kabataan officials from taking NSTP-CWTS subjects; in lieu thereof, they must submit written reports (preferably with photographs or other documentation) of participation in implementation of programs, projects and activities under the Comprehensive Barangay Investment Program.
  • Section 16(2) provides that absence of reports/documentation or a contrary verification disqualifies the concerned officials from the NSTP-CWTS-related privilege.
  • Section 16(2) requires the Commission on Higher Education (CHED) and the Commission to jointly promulgate guidelines for implementation.
  • Section 16(3) excuses enrolled officials from attending regular classes while attending regular or special Sangguniang Kabataan meetings, and Sangguniang Barangay sessions (for the chairperson), subject to a certification of attendance issued by the Sangguniang Kabataan secretary and attested and noted as provided, and with the Punong Barangay’s notation.
  • Section 16(3) imposes criminal and administrative liability on any person who falsely certifies attendance of a Sangguniang Kabataan official.
  • Section 16(4) provides PhilHealth coverage for Sangguniang Kabataan officials through the National Government via Philippine Health Insurance Corporation (Philhealth) coverage.
  • Section 16(5) entitles officials to actual travelling reimbursements as authorized by law and subject to availability of funds, requiring direct relation to performance of functions and supported by approved travel order by the Punong Barangay (for the chairperson) or by the chairperson (for other officials).
  • Section 16(6) extends to the chairperson the same privileges enjoyed by other Sangguniang Barangay officials under the Act, subject to the requirements and limitations provided.

Role as persons in authority; suspension/removal

  • Section 17 provides that, for purposes of the Revised Penal Code, the Sangguniang Kabataan chairperson and members in each barangay are deemed persons in authority in their jurisdictions.
  • Section 18 requires due process before suspension or removal of any elected Sangguniang Kabataan official.
  • Section 18 authorizes suspension for not more than six (6) months or removal by majority vote of all members of the Sangguniang Bayan or Sangguniang Panlungsod with jurisdiction over the concerned barangay, with the result final and executory.
  • Section 18 lists grounds including:
    • absence from the regular Sangguniang Kabataan meeting without valid cause for two (2) consecutive times or accumulated absences of four (4) within twelve (12) months;
    • failure to convene the regular assembly of the Katipunan ng Kabataan for two (2) consecutive times;
    • failure to convene the regular Sangguniang Kabataan meetings for three (3) consecutive months in the case of the Sangguniang Kabataan chairperson;
    • failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay Youth Investment Program, or failure to approve the annual budget within the prescribed period of time, without justifiable reason;
    • failure to implement programs and projects outlined in the Annual Barangay Youth Investment Program without justifiable reason;
    • in the case of the chairperson, four (4) consecutive absences during regular Sangguniang Barangay sessions without valid cause;
    • conviction by final judgment of a crime involving moral turpitude; and violation of laws against graft and corruption and other civil service laws, rules and regulations; and
    • failure in discharge of duty or abuse of authority.

Succession, vacancies, and Sangguniang Kabataan funds

  • Section 19(a) provides that if the Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, or is removed, the Katipunan ng Kabataan member who obtained the highest number of votes in the election immediately preceding assumes the chairperson office for the unexpired portion.

  • Section 19(a) provides that if the highest-vote member refuses or fails to qualify, the member with the next highest number of votes assumes the office for the unexpired portion.

  • Section 19(b) requires that after the vacancy is filled, the Sangguniang Kabataan chairperson must call within thirty (30) days a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan member to complete the membership for the vacant seat.

  • Section 19(b) requires coordination of the special assembly with the Office of the Local Government Operations Officer and the COMELEC of the municipality or city where the barangay belongs.

  • Section 19(b) provides voting eligibility for the special election: a citizen residing in the barangay for at least six (6) months who attains age fifteen (15) years old at the time of the special election and registers as member of the Katipunan ng Kabataan before the Sangguniang Kabataan secretary.

  • Section 19(c) provides that all other vacancies are filled in accordance with the immediately preceding provision.

  • Section 19(d) provides that if the chairperson is suspended, the successor determined in Section 19(a) assumes during the suspension period.

  • Section 20(a) provides that all income of the barangay derived from whatever source accrues to its general fund and may be kept as a trust fund in the custody of the city or municipal treasurer or deposited in a bank that is reasonably government-owned, situated in or nearest to the barangay area of jurisdiction.

  • Section 20(a) requires setting aside ten percent (10%) of the barangay’s general fund for the Sangguniang Kabataan.

  • Section 20(a) mandates that the Sangguniang Barangay appropriates Sangguniang Kabataan funds in lump-sum for youth development and empowerment purposes only.

  • Section 20(b) grants financial independence to the Sangguniang Kabataan in operations, disbursements, and encashment; Sangguniang Kabataan funds must be deposited in the name of the Sangguniang Kabataan in a government-owned bank, with the chairperson and treasurer as official signatories.

  • Section 20(c) requires allocation of Sangguniang Kabataan funds in an annual budget and, if funds allow, a supplemental budget aligned with the adopted Annual Barangay Investment Program.

  • Section 20(c) mandates priority in planning and allocation of Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program toward programs ensuring equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, sports development, and capability building emphasizing leadership training.

  • Section 20(d) requires the Sangguniang Bayan or Sangguniang Panlungsod, within sixty (60) days from receipt, to review the annual budget and supplements for compliance with the immediately preceding provision and other existing laws, rules and regulations.

  • Section 20(d) provides that noncompliance renders the budgets inoperative either in whole or in part.

  • Section 20(d) provides that failure of the sanggunian to complete review within the prescribed period renders the annual budget deemed approved.

  • Section 20 requires Sangguniang Kabataan funds derived from any source to be stated in financial records kept by the treasurer, copied furnished to the Sangguniang Barangay in simplified form as prescribed by COA.

  • Section 20 subjects Sangguniang Kabataan funds to existing accounting and auditing laws, rules and regulations.

Pederasyon, LYDC, and Youth Development Office

  • Section 21(a) requires an organization called Pederasyon ng mga Sangguniang Kabataan at each level:

    • Pambayang Pederasyon in municipalities composed of barangay Sangguniang Kabataan chairpersons;
    • Panlungsod na Pederasyon in cities composed of barangay Sangguniang Kabataan chairpersons;
    • Panlalawigang Pederasyon in provinces composed of convenors of the Pambayan and Panlungsod na Pederasyon.
  • Section 21(b) requires Pederasyon officers at all levels: election among themselves of a president, vice president, treasurer, secretary, and such other officers as they deem necessary.

  • Section 21(b) requires facilitation of elections by the concerned Local Government Operations Officer in coordination with the election officer, and provides election timing: within fifteen (15) days from the Sangguniang Kabataan elections for Pambayan and Panlungsod na Pederasyon, and within thirty (30) days for Panlalawigang Pederasyon.

  • Section 21(c) requires joint guidelines on election, suspension, removal of officers at all levels, and term of office of other officers to be jointly issued by DILG, COMELEC, and the Commission within sixty (60) days upon effectivity of the Act.

  • Section 22(a) makes the duly elected president of the Pederasyon ng Sangguniang Kabataan at all levels an ex officio member of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan respectively.

  • Section 22(b) makes the president chairperson of the Committee on Youth and Sports Development and a regular member of the Committees on Education, Environment, Employment and Livelihood, Health and Anti-Drug Abuse, and Gender and Development.

  • Section 22(c) makes the president an ex officio member of Local School Board, Local Council for the Protection of Children, Local Development Council, Local Health Board, Local Tourism Council, and Local Peace and Order Council.

  • Section 22(d) mandates the president to convene the LYDC every three (3) months to conduct consultations with youth organizations.

  • Section 23(a) requires creation of a Local Youth Development Council (LYDC) in every province, city and municipality, called Provincial Youth Development Council, City Youth Development Council, and Municipal Youth Development Council respectively.

  • Section 23(a) provides that each LYDC is composed of representatives of youth and youth-serving organizations at its respective level.

  • Section 23(a) requires each LYDC to assist in planning and execution of projects and programs of the Sangguniang Kabataan and the Pederasyons at all levels.

  • Section 24 requires LYDC funding by the respective Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan.

  • Section 25 requires creation of a Youth Development Office in every province, city and municipality headed by a youth development officer with rank of at least division chief.

  • Section 25 allows the office to be placed under specified offices or any appropriate office in the LGU, and permits a separate department with divisions and units for policy and planning, administration and finance, and programs and operations if funds are sufficient.

  • Section 25 authorizes the local chief executive to designate existing personnel to serve temporarily until the LGU can create the office if personal services limitations are exceeded.

  • Section 26 requires the LGU to incorporate in its annual budget an amount necessary for operation and effective functioning of the Local Youth Development Office.

Capability-building training and Linggo ng Kabataan

  • Section 27 requires any Sangguniang Kabataan official (elected or appointed) or LYDC member to undergo mandatory training programs before assuming office.

  • Section 27 requires continuing training during incumbency undertaken by the Commission in coordination with the DILG.

  • Section 27 provides that deliberate failure to attend training programs constitutes sufficient ground to disqualify the concerned Sangguniang Kabataan official or LYDC member or subject them to disciplinary actions.

  • Section 28 requires the Commission and DILG, with assistance of DAP, LGA, UP-NCPAG, and in consultation with youth stakeholders, to jointly design and implement mandatory and continuing training programs.

  • Section 28 requires mandatory training to include: Philippine cultural history, political systems ethics and ideologies; Filipino as a nation builder; Filipino youth and its role in nation-building; and capability building on leadership, program and project development and sustainability, financial management, and accountability and transparency.

  • Section 29 establishes a training fund with an initial amount of fifty million pesos (P50,000,000.00) managed by the Commission, appropriated from any available source.

  • Section 29 requires that future amounts needed are included in the Annual General Appropriations Act.

  • Section 30 requires every barangay, municipality, city and province to conduct an annual activity called Linggo ng Kabataan in the week where the 12th of August falls to coincide with International Youth Day.

  • Section 30(a) requires the Sangguniang Kabataan (barangay level) and the respective LYDC in cooperation with the Pederasyon (municipality/city/province level) to take the lead in observance.

  • Section 30(b) provides that observance includes election of counterparts of all local elective and appointive officials, and heads of national offices or agencies stationed or assigned in the local government unit’s territorial jurisdiction, among in-school and community youth residing in the local government unit aged thirteen (13) to seventeen (17).

  • **Section


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