Strengthening Sangguniang Kabataan Act

Issuance details and effectivity

Republic Act No. 11768 was approved on May 06, 2022.
Republic Act No. 11768 takes effect 15 days after its publication in the Official Gazette or in any newspaper of general circulation (Section 17).
Section 1 through Section 12 amend Republic Act No. 10742 by revising provisions on powers and functions, qualifications, treasurer, privileges, succession, funds, pederasyon duties, membership in local special bodies, and related planning functions.
Section 9 inserts a new Section 23 into Republic Act No. 10742 and renumbers succeeding sections accordingly (Section 9).

Implementing rules and appropriations

The DILG, DBM, Commission on Elections, National Youth Commission, and other concerned agencies must promulgate implementing rules and regulations within 60 days upon the effectivity of Republic Act No. 11768 (Section 14).
The amounts necessary to carry out Republic Act No. 11768 are charged against the Sangguniang Kabataan funds, or as authorized by local government units pursuant to Section 4 of the Sangguniang Kabataan Reform Act of 2015 (Section 13).

Sangguniang Kabataan powers and planning

The Sangguniang Kabataan must, in consultation and with the concurrence of the Katipunan ng Kabataan, formulate a three (3)-year rolling plan called the Comprehensive Barangay Youth Development Plan within three (3) months from assumption to office (amended Section 8(a) of Republic Act No. 10742).
The Comprehensive Barangay Youth Development Plan serves as the basis for preparing the Annual Barangay Youth Investment Program (amended Section 8(a)).
The Comprehensive Barangay Youth Development Plan must be aligned with the Philippine Youth Development Plan (PYDP) and other Local Youth Development Plan frameworks at municipal, city, and provincial levels “as is relevant” (amended Section 8(a)).
The Sangguniang Kabataan must hold fund-raising activities aligned with the Comprehensive Barangay Youth Development Plan, where the proceeds are tax-exempt and accrue to the general fund of the Sangguniang Kabataan (amended Section 8(e)).
Any appropriation of fund-raising proceeds must first satisfy the specific purpose for which the activity was held, and appropriations must comply with applicable budget, accounting, and auditing rules issued by the DBM and COA (amended Section 8(e)).
Within sixty (60) days from assumption to office, the Sangguniang Kabataan must:
- (1) formulate and approve its internal rules and procedures;
- (2) appoint its secretary and treasurer; and
- (3) set the schedule of regular Sangguniang Kabataan meetings and Katipunan ng Kabataan assemblies (amended Section 8(j)).

Qualifications and mandatory training for treasurers

An elected or appointed Sangguniang Kabataan official must be a Philippine citizen, a qualified voter of the Katipunan ng Kabataan, a resident of the barangay for not less than one (1) year immediately preceding the day of elections, and at least eighteen (18) years but not more than twenty-four (24) years of age on election day (amended Section 10).
A Sangguniang Kabataan official must be able to read and write Filipino, English, or the local dialect (amended Section 10).
A Sangguniang Kabataan official must not be related within the second civil degree of consanguinity or affinity to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where the official seeks election (amended Section 10).
A Sangguniang Kabataan official must not have been convicted by final judgment of any crime involving moral turpitude (amended Section 10).
The Sangguniang Kabataan treasurer and secretary must be at least eighteen (18) years but not more than thirty (30) years of age on appointment day (amended Section 10).
The Sangguniang Kabataan chairperson must appoint a treasurer with an educational or career background relating to business administration, accountancy, finance, economics, or bookkeeping (amended Section 10).
If no person meets the requirements, the Sangguniang Kabataan chairperson may consider other suitable nominees (amended Section 10).
Appointed Sangguniang Kabataan treasurers must undergo mandatory bookkeeping training from, and be duly certified by, the Technical Education and Skills Development Authority (TESDA) before assumption to office (amended Section 10).
Appointed Sangguniang Kabataan treasurers must be prioritized in the allocation of the appropriate TESDA scholarships (amended Section 10).
The Sangguniang Kabataan treasurer is a bonded officer (amended Section 15).

Privileges, honorarium, and attendance certifications

All Sangguniang Kabataan officials in good standing, whether elected or appointed, must have privileges during incumbency (amended Section 16(a)).
Sangguniang Kabataan officials must be exempt from taking any components of the National Service Training Program (NSTP) (amended Section 16(a)(2)).
Enrolled officials must be excused from attending regular classes while attending regular or special Sangguniang Kabataan meetings and sessions for the Sangguniang Kabataan chairperson, with an attendance certification process:
- The certification of attendance must be issued by the Sangguniang Kabataan secretary and attested by the Sangguniang Kabataan chairperson, then duly noted by the Punong Barangay, and submitted to the concerned institution as proof (amended Section 16(a)(3)).
- For the Sangguniang Kabataan secretary, the chairperson issues the certification duly noted by the Punong Barangay (amended Section 16(a)(3)).
- For the Sangguniang Kabataan chairperson, the barangay secretary issues the certification of attendance duly noted by the Punong Barangay (amended Section 16(a)(3)).
Any person who falsely certifies attendance of any Sangguniang Kabataan official becomes criminally and administratively liable (amended Section 16(a)(3)).
The National Government must provide Philippine Health Insurance (PhilHealth) coverage to Sangguniang Kabataan officials (amended Section 16(a)(4)).
Members, including the Sangguniang Kabataan treasurer and secretary, must receive a monthly honorarium, chargeable against Sangguniang Kabataan funds, in addition to other compensation under the Act, and they must be granted it at the end of every regular monthly Sangguniang Kabataan meeting (amended Section 16(a)(6)).
The monthly honorarium must not exceed the monthly compensation received by their Sangguniang Kabataan chairperson (amended Section 16(a)(6)).
Not more than twenty-five percent (25%) of Sangguniang Kabataan funds must be allocated for personnel services, and DBM must issue necessary implementing guidelines (amended Section 16(a)(6)).
Local government units may provide additional honorarium, social welfare contributions, and hazard pay to the Sangguniang Kabataan chairperson and to elected and appointed members through local ordinances (amended Section 16(a)(6)).
The honorarium in this section is subject to the post-audit jurisdiction of the COA (amended Section 16(a)(6)).
Sangguniang Kabataan members must be entitled to appropriate civil service eligibility based on years of service to the barangay, pursuant to rules issued by the Civil Service Commission (CSC) (amended Section 16(a)(7)).
The Sangguniang Kabataan chairperson must have the same privileges enjoyed by other Sangguniang Kabataan officials, subject to requirements and limitations in the Act (amended Section 16(b)).

Filling vacancies and assuming office

If the Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, or is removed from office, the Sangguniang Kabataan member with the highest number of votes in the immediately preceding election must assume as chairperson for the unexpired portion of the term (amended Section 19(a)).
If the highest-vote member refuses to assume or fails to qualify, the member with the next highest number of votes must assume for the unexpired portion (amended Section 19(a)).
If the vacancy reason does not fall within the enumerated conditions, the mayor must appoint an officer-in-charge (OIC) from a list of at least three (3) nominees submitted by the Sangguniang Kabataan members (amended Section 19(a)).
The appointed OIC must meet the qualifications under Section 10 of the Act (amended Section 19(a)).

Sangguniang Kabataan funds and allocation priorities

Sangguniang Kabataan funds accrue from the barangay’s income derived from whatever source to its general fund, with an option for the barangay to keep these as a trust fund in the custody of the city or municipal treasurer or to deposit them in a bank preferably government-owned situated in or nearest the barangay’s jurisdiction (amended Section 20(a)).
Ten percent (10%) of the barangay’s general funds must be set aside for the Sangguniang Kabataan (amended Section 20(a)).
Sangguniang Kabataan funds must be disbursed for youth development and empowerment purposes (amended Section 20(a)).
All Sangguniang Kabataan funds must be allocated in an annual budget, and if funds allow, in a supplemental budget in accordance with the adopted Annual Barangay Investment Program (amended Section 20(c)).
Both the Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program must prioritize programs, projects, and activities that promote and attain the thrusts of the PYDP, including health, education, environment, global mobility, active citizenship, governance, social equity and inclusion, peace-building and security, human rights, gender equality, and economic empowerment (amended Section 20(c)).
The prioritization includes the following program types:
- (1) student stipends and allowances and educational assistance programs to reduce out-of-school youth and drop-outs;
- (2) sports and wellness projects addressing physical and mental health, teenage pregnancy, substance abuse, and other health issues;
- (3) skills training, summer employment, on-the-job training, and livelihood assistance;
- (4) projects promoting youth participation and youth initiation in agricultural, fishery, and forestry enterprises;
- (5) programs locating youth at the forefront of climate action, environmental protection and conservation, and involving youth in calamity preparedness, information dissemination, and disaster-related activities;
- (6) capacity-building for grassroots organization and leadership, and values education; and
- (7) programs addressing context-specific and intersectional vulnerabilities of young people (amended Section 20(c)(1)-(7)).
The Sangguniang Kabataan may set aside an amount for mandatory and continuing training to complement training under Section 29 of the Sangguniang Kabataan Reform Act of 2015, but total training appropriations must not be more than fifteen percent (15%) of the Sangguniang Kabataan fund (amended Section 20(e)).
The Sangguniang Kabataan may consult NGOs and CSOs accredited by the National Youth Commission in developing mandatory programs and trainings for its officials (amended Section 20(e)).

Pederasyon and LYDP alignment duties

The Pederasyon ng Sangguniang Kabataan and the Local Youth Development Council (LYDC) must draft the Local Youth Development Plan (LYDP) (amended Section 21(d)).
The Pederasyon and the LYDC must convene quarterly to ensure LYDP implementation and alignment of the Comprehensive Barangay Youth Development Program and Annual Barangay Youth Investment Program to the LYDP (amended Section 21(d)).
The Pederasyon must cascade information and facilitate knowledge transfer to their respective localities (amended Section 21(d)).
The presidents of the Panlalawigang Pederasyon ng mga Sangguniang Kabataan and the presidents of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan of highly urbanized cities and independent component cities must elect among themselves one (1) representative from Luzon, one (1) from Visayas, and one (1) from Mindanao to serve as members of the Advisory Council created under Section 14 of Republic Act No. 8044 or the “Youth in Nation-Building Act” (amended Section 21(e)).

Membership roles in local bodies

The duly elected president of the Pederasyon ng Sangguniang Kabataan at all levels serves as an ex officio member of the Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan, respectively (amended Section 22).
The president must chair the Committee on Youth and Sports Development and must be a regular member of the committees on Education, Environment, Employment and Livelihood, Health and Anti-Drug Abuse, and Gender and Development (amended Section 22(a)).
The president must serve as an ex officio member of the 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 (amended Section 22(b)).
The president must convene the LYDC every three (3) months to conduct consultations with youth organizations (amended Section 22(c)).

National Youth Commission membership

The presidents of the Panlalawigang Pederasyon ng mga Sangguniang Kabataan and the presidents of the Panlungsod na Pederasyon of highly urbanized cities and independent component cities must elect among themselves a representative who sits as an ex officio member of the National Youth Commission, consistent with Section 5 of Republic Act No. 8044 (new Section 23).

Youth Development Office creation and funding

Every province, city, and municipality must have a Youth Development Office headed by a youth development officer with the rank of at least division chief (amended Section 26).
The Youth Development Office must be placed under the Office of the Local Chief Executive, Office of the Planning and Development, Office of the Social Welfare, or another appropriate office determined by the local government unit (amended Section 26).
If local government unit funds are sufficient, the office may be established as a separate department with division and units for policy and planning, administration and finance, and programs and operations (amended Section 26).
If a local government unit exceeds the prescribed personal services limitations, the local chief executive may designate existing personnel deemed fit to serve this purpose (amended Section 26).
A local youth development officer must be appointed within one (1) year from the effectivity of Republic Act No. 11768 (amended Section 26).
Local government units must appropriate not less than one percent (1%) of their annual budget for the Local Development Office, to be used for implementing the LYDP, convening the meetings of the concerned Pederasyon of Sangguniang Kabataan and LYDC, and for its operations and effective functioning (amended Section 27).

Mandatory and continuing training programs

The Commission and the DILG, with assistance from the Development Academy of the Philippines (DAP), the Local Government Academy (LGA), the University of the Philippines-National Colleges of Public Administration and Governance (UP-NCPAG), and in consultation with youth stakeholders, jointly design and implement mandatory and continuing training programs (amended Section 29).
Mandatory training programs must include:
- (a) Philippine cultural history, political systems, ethics and ideologies; and the Filipino as a nation builder; and the Filipino youth and its role in nation-building; and
- (b) capacity building on leadership, program and project development and sustainability, financial management, and accountability and transparency (amended Section 29(a)-(b)).
The Commission and DILG may coordinate with DepEd, CHED, and TESDA for relevant courses emphasizing education and skills development in nation-building to enhance knowledge, network, and capacity of Sangguniang Kabataan officials and LYDC members in crafting and implementing youth development plans (amended Section 29).

Legal status: separability and repeal

If any provision of Republic Act No. 11768 is declared invalid or unconstitutional, the remaining provisions continue in full force and effect (Section 15).
All laws, decrees, executive orders, or rules and regulations contrary to or inconsistent with Republic Act No. 11768 are repealed or modified accordingly (Section 16).