What RA 11768 changes in RA 10742
- Section 1 amends Section 8 of Republic Act No. 10742, expanding and clarifying SK functions and timelines.
- Sections 2 and 3 amend Sections 10 and 15 of Republic Act No. 10742 by updating qualifications and defining the SK treasurer as a bonded officer.
- Section 4 amends Section 16 of Republic Act No. 10742 by strengthening privileges, including health coverage, honorarium, and attendance certifications.
- Section 5 amends Section 19 of Republic Act No. 10742 by revising rules on succession and filling of vacancies.
- Sections 6, 7, 8, 9, and 10 to 12 amend Sections 20 to 29 of Republic Act No. 10742 and insert a new Section 23 on National Youth Commission membership.
- Sections 13 and 14 provide funding/appropriations mechanics and require implementing rules and regulations.
SK powers, planning, and required actions
- The Sangguniang Kabataan must, in consultation and with the concurrence of the Katipunan ng Kabataan, formulate within three (3) months from assumption to office a three (3)-year rolling plan called the Comprehensive Barangay Youth Development Plan, serving as the basis for the Annual Barangay Youth Investment Program (see Section 1, amending Section 8).
- The Comprehensive Barangay Youth Development Plan must be aligned with the Philippine Youth Development Plan (PYDP) and other Local Youth Development Plan in every relevant municipal, city, provincial level (see Section 1).
- The Sangguniang Kabataan may hold fund-raising activities in line with the Comprehensive Barangay Youth Development Plan; the proceeds must be tax-exempt and must accrue to the general fund of the Sangguniang Kabataan (see Section 1, amending Section 8(e)).
- In appropriating fund-raising proceeds, the specific purpose for which the activity was held must be first satisfied, and appropriations must follow applicable budget, accounting, and auditing rules, including those issued by DBM and COA (see Section 1).
- Within sixty (60) days from assumption to office, the Sangguniang Kabataan must:
- formulate and approve its internal rules and procedures;
- appoint its secretary and treasurer; and
- set the schedule of regular Sangguniang Kabataan meetings and Katipunan ng Kabataan assemblies (see Section 1, amending Section 8(j)).
SK qualification rules and youth finance officer requirements
- An elected or appointed SK official must be:
- a citizen of the Philippines;
- a qualified voter of the Katipunan ng Kabataan;
- a barangay resident for not less than one (1) year immediately preceding the day of the elections;
- at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections;
- able to read and write Filipino, English, or the local dialect;
- not 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 person seeks election; and
- not convicted by final judgment of any crime involving moral turpitude (see Section 2, amending Section 10).
- The SK treasurer and secretary must be at least eighteen (18) years but not more than thirty (30) years of age on the day of appointment (see Section 2).
- The SK chairperson must appoint a treasurer with an educational or career background relating to business administration, accountancy, finance, economics, or bookkeeping (see Section 2).
- If no person meets the treasurer and secretary requirements, the SK chairperson may consider other suitable nominees (see Section 2).
- Appointed SK treasurers must undergo mandatory bookkeeping training from, and be duly certified by, TESDA before assumption to office (see Section 2).
- Appointed SK treasurers must be prioritized in the allocation of the appropriate TESDA scholarships (see Section 2).
- The Sangguniang Kabataan treasurer is a bonded officer (see Section 3, amending Section 15).
Privileges and mandatory attendance certification
- SK officials in good standing—elected or appointed—must be granted privileges during incumbency, including:
- exemption from taking any components of the National Service Training Program (NSTP);
- excusal from attending regular classes for enrollment while attending regular or special SK meetings and sessions; and
- the processes for proof of attendance through official certifications (see Section 4, amending Section 16(a)(2) and (3)).
- An excused SK meeting-attendance certification must be issued by the SK secretary and attested by the SK chairperson, duly noted by the Punong Barangay, and submitted as proof of attendance; if the certifier is the SK secretary, the SK chairperson issues the certification duly noted by the Punong Barangay; if the certifier is the SK chairperson, the barangay secretary issues the certification duly noted by the Punong Barangay (see Section 4).
- False certification as to attendance by any person creates criminal and administrative liability (see Section 4, amending Section 16(a)(3)).
- SK officials in good standing must be provided by the National Government with Philippine Health Insurance (PhilHealth) coverage (see Section 4, amending Section 16(a)(4)).
- The SK members, including the SK treasurer and secretary, must receive a monthly honorarium chargeable against SK funds, in addition to other compensation under the Act, and must be granted at the end of every regular monthly Sangguniang Kabataan meeting (see Section 4, amending Section 16(a)(6)).
- The monthly honorarium must not exceed the monthly compensation received by the SK chairperson (see Section 4).
- No more than twenty-five percent (25%) of SK funds may be allocated for personnel services.
- DBM must issue necessary guidelines implementing the personnel-services allocation rule (see Section 4).
- Local government units may provide additional honorarium, social welfare contributions, and hazard pay to the SK chairperson and elected/appointed members through local ordinances, and the honorarium under the Act remains subject to COA post-audit jurisdiction (see Section 4).
- SK officials must be entitled to the appropriate civil service eligibility based on years of service to the barangay, pursuant to rules and regulations to be promulgated by the Civil Service Commission (CSC) (see Section 4, amending Section 16(a)(7)).
- The SK chairperson must enjoy the same privileges as other SK officials under the Act, subject to the requirements and limitations stated in the privileges provision (see Section 4, amending Section 16(b)).
Succession and vacancy filling mechanisms
- If the SK chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, or is removed from office, the SK member with the highest number of votes in the immediately preceding election assumes the chairmanship for the unexpired portion of the term (see Section 5, amending Section 19(a)).
- If the highest-vote SK member refuses to assume or fails to qualify, the SK member with the next highest number of votes assumes the chairmanship for the unexpired portion of the term (see Section 5).
- If the vacancy reason does not fall under the listed conditions, the mayor of the concerned barangay appoints an officer-in-charge (OIC) from a list of at least three (3) nominees submitted by SK members (see Section 5).
- The appointed OIC must meet the qualifications under Section 10 of Republic Act No. 10742 (see Section 5).
Youth development planning, funds, and priorities
- The Sangguniang Kabataan funds must be governed under the Act’s fund mechanics:
- All barangay income derived from whatever source must accrue to the barangay general fund, which may be kept as trust fund in the custody of the city or municipal treasurer or deposited in a bank preferably government-owned, situated in or nearest to the barangay’s jurisdiction; and ten percent (10%) of the barangay’s general funds must be set aside for Sangguniang Kabataan funds (see Section 6, amending Section 20(a)).
- SK funds in lump sum must be disbursed for youth development and empowerment purposes (see Section 6, amending Section 20(a)).
- SK funds must be allocated in an annual budget, and, if funds allow, also in a supplemental budget, in accordance with the adopted Annual Barangay Investment Program (see Section 6, amending Section 20(c)).
- Both the Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program must prioritize programs/projects/activities promoting and attaining 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,
- economic empowerment, including enumerated priority program types (see Section 6).
- Priority programs expressly include:
- Student stipends, food, book and transportation allowances, and other educational assistance programs to reduce out-of-school youth and drop-outs;
- Sports and wellness projects addressing physical and mental health, teenage pregnancy, substance abuse, and other health issues;
- Skills training, summer employment, on-the-job training, and livelihood assistance;
- Projects promoting youth participation and initiation in agricultural, fishery, and forestry enterprises;
- Programs locating youth at the forefront of climate action, environmental protection and conservation, and involving them in calamity preparedness, information dissemination, and disaster-related activities;
- Capacity-building for grassroots organization and leadership, and values education; and
- Programs addressing context-specific and intersectional vulnerabilities of young people (see Section 6, amending Section 20(c)(1) to (7)).
- The Sangguniang Kabataan may set aside an amount for mandatory and continuing training to complement training under Section 29; the total amount appropriated for training must not exceed fifteen percent (15%) of the SK fund (see Section 6, amending Section 20(e)).
- The SK may consult NGOs and CSOs accredited by the National Youth Commission in developing mandatory programs and trainings for its officials (see Section 6).
Federations and youth council alignment duties
- The Pederasyon ng Sangguniang Kabataan and the Local Youth Development Council (LYDC) must draft the Local Youth Development Plan (LYDP) (see Section 7, amending Section 21(d)).
- The Pederasyon and LYDC must convene quarterly to ensure LYDP implementation and to align the Comprehensive Barangay Youth Development Program and Annual Barangay Youth Investment Program to the LYDP (see Section 7).
- The Pederasyon must cascade information and facilitate knowledge transfer to its respective localities (see Section 7).
- The presidents of the relevant federations in highly urbanized and independent component cities must elect among themselves one (1) representative from Luzon, one (1) representative from Visayas, and one (1) representative from Mindanao to serve as members of the Advisory Council created under Section 14 of Republic Act No. 8044 (the “Youth in Nation-Building Act”) (see Section 7, amending Section 21(e)).
SK presidents’ ex officio sanggunian roles
- The duly elected president of the Pederasyon ng Sangguniang Kabataan at all levels must serve as an ex officio member of the Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan respectively (see Section 8, amending Section 22).
- The ex officio president must be the chairperson of the Committee on Youth and Sports Development and a regular member of specified committees: Education, Environment, Employment and Livelihood, Health and Anti-Drug Abuse, and Gender and Development (see Section 8, amending Section 22(a)).
- The ex officio president must serve as ex officio member of specified local special bodies: 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 (see Section 8, amending Section 22(b)).
- The ex officio president must convene the LYDC every three (3) months to conduct consultations with youth organizations (see Section 8, amending Section 22(c)).
National Youth Commission representation added
- 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 a representative who sits as an ex officio member of the National Youth Commission (see Section 9, inserting Section 23).
- This National Youth Commission membership must be consistent with Section 5 of Republic Act No. 8044 (see Section 9).
Youth Development Office creation and staffing
- A Youth Development Office must exist in every province, city, and municipality, headed by a youth development officer with the rank of at least division chief (see Section 10, amending Section 26).
- The Youth Development Office may be placed under specified local offices (Office of the Local Chief Executive, Office of the Planning and Development, Office of the Social Welfare, or another office deemed appropriate) and may become a separate department with appropriate divisions and units if local funds are sufficient (see Section 10).
- If the local government unit exceeds prescribed personal services limitations, the local chief executive may designate existing personnel deemed fit to serve this purpose (see Section 10).
- A youth development officer must be appointed within one (1) year from the effectivity of RA 11768 (see Section 10).
Youth Development Office minimum funding
- Local government units must appropriate not less than one percent (1%) of their annual budget for the Local Development Office (see Section 11, amending Section 27).
- The appropriation must be used for LYDP implementation, convening Pederasyon and LYDC meetings, and for the operations and effective functioning of the Youth Development structure (see Section 11).
Mandatory youth training program components
- The Commission and the DILG, with assistance from DAP, LGA, UP-NCPAG, and in consultation with youth stakeholders, must jointly design and implement mandatory and continuing training programs (see Section 12, amending Section 29).
- Mandatory training programs must include:
- 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 (see Section 12, amending Section 29(a)).
- Mandatory training must also include capacity-building on:
- leadership,
- program and project development and sustainability,
- financial management, and
- accountability and transparency (see Section 12, amending Section 29(b)).
- The Commission and DILG may coordinate with DepEd, CHED, and TESDA for relevant course offerings emphasizing education and skills development in nation-building and enhancing the knowledge, network, and capacity of SK officials and LYDC members to craft and implement youth development plans (see Section 12).
Funding charges and implementing rules
- Amounts needed to implement RA 11768 must be charged against SK funds or as authorized by local government units pursuant to Section 4 of Republic Act No. 10742 (see Section 13).
- The DILG, DBM, Commission on Elections, National Youth Commission, and other concerned agencies must promulgate implementing rules and regulations within sixty (60) days from effectivity (see Section 14).
Separability, repeal, and consolidation passage
- If any provision of RA 11768 is declared invalid or unconstitutional, the other provisions remain in full force and effect (see Section 15).
- All laws, decrees, executive orders, or rules and regulations contrary to or inconsistent with RA 11768 are repealed or modified accordingly (see Section 16).
- RA 11768 was passed by Congress on February 2, 2022 as a consolidation of Senate Bill No. 2124 and House Bill No. 10698 (see enactment passage details).