Policy and defining “Youth”
- The State establishes a National Comprehensive and Coordinated Program on Youth Development, creates implementing structures, and appropriates adequate funds for continuing, sustained support (Section 2).
- The State recognizes its responsibility to enable the youth to fulfill their vital role in nation-building (Section 2).
- “Youth” is defined as the critical period from the onset of adolescence toward peak mature, self-reliant, responsible adulthood comprising a considerable sector of the population from the age of fifteen (15) to thirty (30) years (Section 2).
- The Program is based on principles that include:
- Promotion and protection of the youth’s physical, moral, spiritual, intellectual and social well-being (Section 2);
- Inculcation of patriotism, nationalism, and basic desirable values, including faith in the Creator, belief in the sanctity of life and dignity of the human person, conviction for the strength and unity of the family, and adherence to truth and justice (Section 2);
- Encouragement of youth involvement in character-building and development activities for civic efficiency, stewardship of natural resources, agricultural and industrial productivity, understanding world economic commitments on tariffs and trade, and participation in policy-making structures to reduce poverty and accelerate socioeconomic development (Section 2); and
- Mobilization of youth abilities, talents and skills, redirecting creativity, inventive genius, and enthusiasm and hope for freedom from fear, hunger and injustice (Section 2).
National Comprehensive and Coordinated Program
- “Development Program” is established as the National Comprehensive and Coordinated Program on Youth Development (Section 3).
- The Development Program includes the following components:
- Formulation, approval and implementation of a Medium-Term Youth Development Program for four (4) years following approval of the Act and every three (3) years thereafter, aligned to and complementing the Medium-Term Philippine Development Plan for the corresponding period and taking into account the existing National Youth Development Plan under Executive Order No. 176 (1994) (Section 3);
- A national study on “Situation of Youth in the Philippines” for the period up to approval of the Act and every three (3) years thereafter, identifying priority needs, prevailing youth attitudes and values, existing services, and gaps in services delivery for basic needs (Section 3);
- A National Review, Evaluation and Reform of all organizations delivering services to youth for the period up to approval of the Act and every three (3) years thereafter (Section 3);
- Activities to operationalize implementing structures, preparations and participation in youth activities of global significance including World Youth Day, and providing leadership and support on a continuing, sustained basis (Section 3);
- A comprehensive, coordinated nationwide service delivery system consisting of:
- existing public and civic services for youth that, after review and reform or realignment, support the policy and program framework; and
- innovative services and delivery systems institutionalized in areas without or with inadequate services, responsive to needs and established through pilot demonstration projects to test validity and feasibility (Section 3);
- Participation of Filipino youth in the Biennial World Youth Day starting 1997 in Paris, France, and every two (2) years thereafter (Section 3).
Key definitions used in the Act
- “Youth” refers to persons aged fifteen (15) to thirty (30) years (Section 4).
- “Youth Organizations” refers to organizations whose membership/composition are youth (Section 4).
- “Youth-Serving Organizations” refers to registered organizations or institutions whose principal programs, projects and activities are youth-oriented and youth-related (Section 4).
- “Commission” refers to the National Youth Commission (Section 4).
National Youth Commission created
- A National Youth Commission is created as the Commission (Section 5).
- The Commission is composed of:
- A chairman;
- One commissioner representing Luzon;
- One commissioner representing Visayas;
- One commissioner representing Mindanao;
- Two (2) commissioners chosen at large; and
- The President of the Pambansang Katipunan ng mga Sangguniang Kabataan as an ex officio commissioner (Section 5).
- The first set of chairman and commissioners has a term of four (4) years and is constituted by the President of the Philippines from nominees submitted by youth organizations or institutions with national or regional constituencies that have existed for at least three (3) years as of approval of the Act (Section 5).
- The succeeding chairman and the two commissioners chosen at large are appointed by the President from a list of at least three (3) but not more than five (5) nominees for each position submitted by youth and youth-serving organizations or institutions with national constituencies duly registered with the Commission (Section 5).
- The succeeding commissioners representing Luzon, Visayas and Mindanao are appointed by the President from a list of at least three (3) but not more than five (5) nominees for each position submitted by youth and youth-serving organizations or institutions in their respective areas duly registered with the Commission (Section 5).
- The chairman and appointive commissioners serve for a term of three (3) years, with reappointment for another term (Section 5).
- The chairman has the rank and privileges of a department undersecretary; appointive commissioners have the rank and privileges of assistant secretaries of a department; the ex officio commissioner also has the rank and privileges of an assistant secretary of a department (Section 5).
Status, qualifications, objectives
- The Commission is independent and autonomous and has the same status as a national government agency attached to the Office of the President (Section 6).
- The Commission exercises corporate powers, has a seal, may sue and be sued, and is the sole policy-making coordinating body of all youth-related institutions, programs, projects and activities of the government (Section 6).
- The chairman must not be more than forty-five (45) years of age at any time during incumbency, and appointive commissioners must not be more than forty (40) years of age at any time during incumbency (Section 7).
- The chairman and appointive commissioners must be natural-born citizens of the Philippines, have occupied positions of responsibility and leadership in duly registered youth and youth-serving organizations or institutions, be of good moral character, and have not been convicted of any crime involving moral turpitude (Section 7).
- The chairman serves as the chief executive officer of the Commission (Section 7).
- The Commission’s objectives include:
- Providing leadership in formulation of policies and setting of priorities and direction of all youth promotion and development programs and activities (Section 8);
- Encouraging wide and active participation of youth in governmental and nongovernmental programs, projects and activities affecting them (Section 8);
- Harnessing and developing the full potential of youth as partners in nation-building (Section 8); and
- Supplementing government appropriations for youth promotion and development with funds from other sources (Section 8).
Commission powers and functions
- The Commission may appoint officers and personnel and fix compensation, allowances and emoluments subject to civil service and other applicable laws and rules (Section 9).
- The Commission may suspend, dismiss, or discipline for cause any employee, and may approve or disapprove appointment, transfer, or detail of employees, subject to existing laws and regulations (Section 9).
- The Commission may enter into contracts (Section 9).
- The Commission may acquire, use and control land, buildings, facilities, equipment, instruments, tools and rights required for its objectives (Section 9).
- The Commission may acquire, own, possess and dispose of real or personal property (Section 9).
- The Commission may accept donations, gifts, bequests, and grants (Section 9).
- The Commission ensures implementation by various government departments and agencies of their youth developmental projects and activities as indicated in their respective annual budgets (Section 9).
- The Commission may issue rules and regulations in pursuance of the Act (Section 9).
- The Commission may perform all other acts incident to or required by virtue of its creation (Section 9).
- The Commission’s functions include the following:
- Formulating and initiating national policies on youth (Section 10);
- Planning, implementing, and overseeing a national integrated youth promotion and development program (Section 10);
- Establishing a consultative mechanism as a forum for continuing dialogue between government and the youth sector, convening representatives of all youth organizations and institutions including the Sangguniang Kabataan from barangay, municipal, city, provincial and national levels (Section 10);
- Assisting and coordinating governmental and nongovernmental organizations in implementing laws, policies, programs and projects on youth promotion and development (Section 10);
- Seeking or requesting assistance and support of any government agency, office or instrumentality including government-owned or -controlled corporations, local government units, and nongovernmental organizations or institutions (Section 10);
- Conducting scientific, interdisciplinary, policy-oriented research and studies on youth-related matters and conducting trainings, seminars and workshops to enhance youth skills and leadership potentials, instilling nationalism and patriotism with emphasis on Filipino culture and values (Section 10);
- Establishing and maintaining linkages with international youth and youth-serving organizations and counterpart foreign agencies to facilitate Filipino youth participation in international functions and affairs (Section 10);
- Administering youth exchange programs and monitoring and coordinating foreign-sponsored youth programs and projects such as the Ship for Southeast Asia Youth Program and other similar exchanges and goodwill missions (Section 10);
- Establishing organizational structures including regional offices as required to effectively carry out its functions (Section 10);
- Conducting promotion and fund-raising campaigns in accordance with existing laws (Section 10);
- Allocating resources for implementation of youth programs and projects (Section 10);
- Extending support or assistance to deserving youth and youth organizations, including scholarship grants (Section 10);
- Registering, establishing and/or facilitating and helping in the establishment of youth organizations and youth-serving organizations (Section 10);
- Participating in international youth fora and organizations including the International Youth Forum, Asian Youth Council, Asean Youth Forum, United Nations Commission for International Youth Year (IYY) and other similar bodies (Section 10);
- Providing training and a national secretariat for the Sangguniang Kabataan National Federation pursuant to R. A. No. 7160 (Local Government Code) (Section 10);
- Submitting an annual report on implementation of the Act to the President and to Congress (Section 10); and
- Performing other necessary functions for effective and efficient implementation (Section 10).
Secretariat, Youth Parliament, Advisory Council
- The Commission organizes a secretariat headed by an executive director serving as the chief operating officer (Section 11).
- The executive director is appointed by the President of the Philippines upon recommendation of the National Commission for a term of three (3) years with reappointment for another term (Section 11).
- The executive director must have qualifications, rank and privileges of a bureau director and must not be more than forty-five (45) years of age during incumbency (Section 11).
- The executive director must possess executive and management experience of at least three (3) years and considerable exposure to youth affairs and youth programs/project management (Section 11).
- The first executive director has a term of four (4) years (Section 11).
- The executive director directs and supervises day-to-day operations and is responsible for effective implementation of policies promulgated by the Commission (Section 11).
- The staffing pattern and compensation schedule of the secretariat are drawn up under existing laws, rules and regulations (Section 11).
- The Secretariat is responsible for ensuring effective and efficient performance of the Commission’s functions and prompt implementation of programs (Section 12).
- The Secretariat proposes specific allocation of resources for projects under approved programs and submits periodic reports to the Commission on progress and accomplishments (Section 12).
- The Secretariat prepares an annual report on all Commission activities and provides general administrative and technical staff support and other functions the Commission deems necessary (Section 12).
- A Youth Parliament is constituted (Section 13).
- The Youth Parliament is initially convened not later than six (6) months from full constitution of the Commission, meets at the call of the National Commission, and is convened every two (2) years thereafter (Section 13).
- The Youth Parliament holds a regular session from two (2) to three (3) days each time convened, and may form task forces that meet between convenings (Section 13).
- Delegates to the Youth Parliament are chosen by the Commission with consideration of equal and geographical representation among men and women (Section 13).
- Delegates must be of good moral character, able to read and write, not convicted of any crime involving moral turpitude, and not more than thirty (30) years of age on the day of election and on the day the Parliament is convened (Section 13).
- Delegates elect the President of the Youth Parliament who presides during the session (Section 13).
- At the end of each regular session, the Youth Parliament presents its proceedings, declarations and resolutions to the Commission (Section 13).
- An Advisory Council is established composed of:
- The Secretary of the Department of Education, Culture and Sports (DECS) as chairman;
- The Secretaries of DBM, DSWD, DILG, DA, DFA, DOLE, DENR;
- The Director-General of NEDA;
- The Chairman of the PCSO;
- The chairmen of both Senate and House committees dealing with youth and sports development; and
- The Philippine Sports Commission (PSC) (Section 14).
- The Advisory Council meets once every three (3) months or as often as necessary upon call of its chairman, and advises and is consulted by the Commission on important matters relating to youth affairs, welfare and development (Section 14).
- The Advisory Council may form task forces that convene between meetings, and the Commission provides technical support and the secretariat required for the Council to function (Section 14).
Funding, asset transfer, and personnel absorption
- PHP 50,000,000 is authorized as additional funding for the Commission, charged against the unexpended contingency funds of the Office of the President (Section 15).
- Operating and maintenance funding thereafter is included in the annual General Appropriations Act (Section 15).
- Commission operating expenses must not exceed 14% of the annual appropriation.
- At least 86% of the annual appropriation must be disbursed for the national youth development program, projects and activities (Section 15).
- Assets, properties and funds of the Pambansang Katipunan ng Kabataang Barangay and of the Presidential Council for Youth Affairs under the Office of the President created pursuant to Executive Order No. 274 (1987), and of all other youth-serving agencies under that Office, are transferred to the Commission (Section 16).
- Officials or employees of the Presidential Council for Youth Affairs or other personnel of the national or local government separated due to the operation and effect of the Act may be:
- absorbed by the Commission if qualified; or
- if qualified, may opt to transfer to another office or elect to apply for separation pay or retirement benefits (Section 17).
- An absorbed official or employee shall not suffer loss or diminution of pay, seniority or rank (Section 17).
- Separation or retirement benefits for Presidential Council for Youth Affairs officials or employees are derived from the transferred funds of that Council (Section 17).
Donations, land grants, stamps and coins
- Donations, contributions, bequests and grants to the Commission are allowable deductions from the donor’s income for income tax purposes and are exempt from donor’s tax, subject to conditions under the National Internal Revenue Code, as amended (Section 18).
- The President may, upon authority of Congress, grant by donation, sale, lease, or otherwise to the Commission a portion of the land of the public domain necessary for youth development and training centers in all regions of the country and for the purposes of the Commission, notwithstanding provisions of existing law to the contrary (Section 19).
- The Philippine Postal Corporation and the Bangko Sentral ng Pilipinas are authorized to print paper stamps and mint gold coins depicting youth events and such other motif as they decide, at the expense of the Commission (Section 20).
Separability, repeal, and effectivity
- If any part of the Act is held unconstitutional or invalid, the remaining parts continue in full force and effect (Section 21).
- Presidential Decree Nos. 604 and 1191, Executive Order No. 274 (1987), and all other laws, decrees, rules and regulations, and other issuances or parts inconsistent with the Act are repealed or modified accordingly (Section 22).
- The Act becomes effective upon publication in at least one (1) national newspaper of general circulation (Section 23).