RULES AND REGULATIONS IMPLEMENTING
REPUBLIC ACT NO. 10742, OTHERWISE KNOWN AS THE
“SANGGUNIANG KABATAAN REFORM ACT OF 2015”
RULE I
INTRODUCTORY PROVISIONS
SECTION 1. Title. – These Rules and Regulations shall be known as The Implementing Rules and Regulations (IRR) of Republic Act No. 10742, otherwise known as the “Sangguniang Kabataan Reform Act of 2015.”
SECTION 2. Declaration of State Policies and Objectives. – The State recognizes the vital role of the youth in nation-building and thus, promotes and protects their physical, moral, spiritual, intellectual and social well-being, inculcates in them patriotism, nationalism and other desirable values, and encourages their involvement in public and civic affairs.
Towards this end, the State shall establish adequate, effective, responsive and enabling mechanisms and support systems that shall empower the youth and ensure their meaningful participation in local governance and in nation-building.
SECTION 3. Definition of Terms. – As used in this IRR, the following terms shall mean:
(a) Annual Barangay Youth Investment Program (ABYIP) shall refer to the yearly program based on the Comprehensive Barangay Youth Development Plan. It shall contain the specific programs, projects and activities with corresponding project costs including the necessary fund flows to approximate the reasonable timing in the release of funds;
(b) Commission shall refer to the National Youth Commission created under Republic Act No. 8044;
(c) Comprehensive Barangay Youth Development Plan (CBYDP) shall refer to the three-year comprehensive youth development plan of the barangay that is formulated by the Sangguniang Kabataan (SK) in consultation and with concurrence of the Katipunan ng Kabataan (KK) and anchored on the Philippine Youth Development Plan (PYDP) and other Local Youth Development Plan (LYDP) in provincial, city and municipal level;
(d) Local Chief Executive (LCE) shall refer to the provincial governor and city/municipal mayor;
(e) Local Government Operations Officer (LGOO) shall refer to the duly designated head of the office of the Department of the Interior and Local Government (DILG) stationed in the concerned local government unit;
(f) Local Sanggunian shall refer to the sangguniang panlalawigan, sangguniang panlungsod and sangguniang bayan;
(g) Local Youth Development Council (LYDC) – A multi-sectoral youth association, which shall be called, Provincial Youth Development Council (PYDC), City Youth Development Council (CYDC) and Municipal Youth Development Council (MYDC), respectively, headed by the concerned SK Pederasyon President and composed of representatives of youth and youth-serving organizations in the provincial, city, and municipal level;
(h) Local Youth Development Plan (LYDP) shall refer to the provincial, city, or municipal youth development plan as initially drafted by the SK Pederasyon, finalized by the LYDC and approved by the local sanggunian. Local Youth Development Plan (LYDP) shall be anchored on the Philippine Youth (PYDP) and the local development plans of the local government unit concerned;
(i) Mandatory and Continuing Training Providers shall refer to persons or institutions accredited by the Commission to conduct mandatory and continuing training programs of SK and LYDC members. These shall include officers and personnel of the Local Youth Development Office (LYDO), persons designated by the chief executive in case there is no LYDO, state universities and colleges, educational and training institutions, government and non-government agencies and other personnel or institutions experienced in youth development;
(j) Non-traditional media shall refer to websites, short and multi-media messaging system, social media platforms and other media not considered traditional;
(k) Philippine Youth Development Plan (PYDP) shall refer to the comprehensive national plan expressing the convergence efforts of the different youth-serving national agencies, civil society organizations and youth organizations designed to promote the general welfare, development and empowerment of the youth, in preparation for their vital role in nation-building. The formulation of the plan shall be spearheaded by the Commission, and shall be based on the findings of the National Youth Assessment Study, Youth Development Index, and the directions set by the Philippine Development Plan. It may also take into consideration the findings of the different international organizations;
(l) Traditional media shall refer to advertisements and announcements on bulletin boards, newspapers, magazines, tabloids, periodicals, radio, television, and other similar media;
(m) Youth Affairs Provincial Officer (YAPO) shall refer to the person duly appointed or designated by the Commission to serve as its agent in the province with the tasks provided for in this IRR or as the Commission may deem necessary;
(n) Youth shall refer to those persons whose ages range from fifteen (15) to thirty (30) years old as defined in Republic Act No. 8044. For the purpose of targeted programming for the youth, the age disaggregation shall be considered:
15-17 – child youth
18-24 – core youth
25-30 – adult youth;
(o) Youth Organizations shall refer to those organizations whose membership or composition are youth;
(p) Youth-Serving Organizations shall refer to those registered organizations whose principal programs, projects and activities are youth-oriented and youth-related, and whose composition are not limited to the youth. The organization shall be duly-recognized or accredited either by proper national or local government registering entities.
RULE II
THE KATIPUNAN NG KABATAAN AND THE SANGGUNIANG KABATAAN
SECTION. 4. Katipunan ng Kabataan (KK). – (a) There shall be in every barangay a KK to be composed of all citizens of the Philippines residing in the barangay for at least six (6) months, who are fifteen (15) but not more than thirty (30) years of age, and who are duly registered in the list of voters of the Commission on Elections (COMELEC) and/or based on the list of members of the KK under the custody of the secretary of the SK.
The rules and procedures to be followed in the registration of voters, in connection with the SK election shall be in accordance with existing laws.
(b) The secretary of the SK shall continuously update the list of members of the KK. To support the application for membership in the KK, the original or certified true copy of birth certificate or any valid ID or any legal document indicating the date of birth shall be presented. The Registry of Barangay Inhabitants (RBI) shall be used as reference for residency of the applicant.
SECTION 5. Powers and Functions of the KK. – The KK shall:
(a) Elect the SK chairperson and seven (7) members. For the purpose of electing the officials of the SK, all youth included in the list of SK voters of the COMELEC shall be qualified to vote.
(b) Serve as the highest policy-making body to decide on matters affecting the youth in the barangay. As such, the SK shall consult and secure the concurrence of the majority of the KK members present, there being a quorum, based on the list of the SK Secretary, in the formulation and approval of all its policies, plans, programs, and activities that promote the welfare of the youth, such as the CBYDP and ABYIP.
SECTION 6. Meetings of the KK. – (a) The SK chairperson shall convene the first KK general assembly not later than three (3) months after the proclamation of the results of the SK elections.
(b) Regular assemblies of the KK shall be held at least once every six (6) months, to be convened by the SK.
(c) Special assemblies may also be called by the SK chairperson or upon written petition of at least one-twentieth (1/20) of its members.
(d) In all assemblies of the KK, the SK chairperson, shall notify all KK members through traditional and non-traditional media stating the purpose, time, date and venue of the meeting. In addition, a written notice shall be posted in at least three (3) conspicuous places within the barangay. All notices shall be posted at least three (3) days prior to the conduct of the assembly, except for special assemblies where the notice shall be posted at least one (1) day before the meeting.
(e) All assemblies of the KK shall be held preferably in a venue within the barangay, or within the municipality/city where the barangay is located.
(f) The DILG and the Commission shall formulate guidelines in determining a quorum on KK assemblies based on the updated list of the SK secretary.
(g) The SK chairperson, or in her/his absence, the highest ranking elected SK member, shall act as the presiding officer. In their absence, the SK members shall choose from among themselves the presiding officer.
The SK secretary, or in her/his absence, any KK member designated by the presiding officer shall act as secretary. The designated KK member shall discharge the duties of the secretary during assemblies and turn over the minutes of the assembly to the SK secretary.
Section 7. Creation and Election of the SK. – There shall be in every barangay an SK to be composed of a chairperson and seven (7) members who shall be elected by the KK, based on the COMELEC list of registered voters.
The SK chairperson shall, with the concurrence of the majority of all the SK members, appoint from among the members of the KK, a secretary and a treasurer.
SECTION 8. Powers and Functions of the SK. – The SK shall:
(a) In consultation and with the concurrence of the KK and within three (3) months from assumption to office, formulate a three (3)-year rolling plan, which shall be known as the CBYDP, which shall serve as a basis in the preparation of the ABYIP. This plan shall be aligned with the PYDP and other LYDPs in every level, municipal, city and provincial as is relevant;
(b) Approve the annual budget which is the annual slice of the ABYIP before the start of the succeeding fiscal year. For purposes of the annual budget, the SK shall consider the three-year CBYDP which can be sliced into three ABYIPs.
If the SK funds allow, a supplemental budget shall be approved. Any changes in the annual budget shall be in accordance with existing applicable budget, rules and procedures;
(c) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the CBYDP and the applicable provisions of this IRR;
(d) Initiate and implement, in coordination with any national government agency and/or any private or non-government institution, programs and projects designed to promote the general welfare, development and empowerment of the youth;
(e) Hold fund-raising activities that are in line with the CBYDP, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the SK: Provided, however, that in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied: Provided, further, that any appropriations thereof shall be in accordance with existing applicable budget, accounting and auditing rules and regulations;
(f) Create regular or special committees, whose chairpersons and members shall come from among the members of the SK or from among the members of the KK as it may deem necessary to effectively carry out its programs and activities, that will promote equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health including health services and adolescent sexual and reproductive health, anti-drug abuse, gender sensitivity, sports development, social protection, and capability building which emphasizes leadership training;
(g) Submit the annual and end-of-term program accomplishments and financial reports to the sangguniang barangay and present the same during the KK assembly, copy furnished the LGOO, LYDC, Commission on Audit (COA) and the Commission, in accordance with the form prescribed by the DILG and the Commission;
(h) Partner 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 including health services and adolescent sexual and reproductive health, anti-drug abuse, gender sensitivity, sports development, accessible education, sustainable development, human rights advocacy, and social protection;
(i) Conduct youth profiling, establish, maintain and update a database of youth in the barangay and ensure submission to the Commission, and proper turn-over to the next set of SK officials. For barangays within the National Capital Region (NCR), youth profile and database shall be submitted directly to the Commission. The templates shall be designed by the DILG and the Commission;
(j) Assist in the establishment and registration of youth organizations and youth serving organizations in the barangay, in accordance with the guidelines of the Commission;
(k) Adopt and implement a policy on full public disclosure of all its transactions and documents involving public interest. The rules and procedures to be followed in the implementation of the policy on full public disclosure shall be promulgated by the DILG;
(l) Authorize the SK Chairperson to enter into contracts on behalf of the SK, subject to the provisions of SK Reform Act (RA 10742), this IRR, Local Government Code of 1991 (RA 7160), Government Procurement Reform Act (RA 9184) and such other pertinent laws and regulations;
(m) Comply with the bonding requirements in accordance with existing laws, rules and regulations, when necessary as in the case of the SK chairperson and the SK treasurer; and
(n) Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or delegated by the sangguniang barangay or the Commission.
SECTION 9. Meetings of the SK. – (a) The SK shall fix the date, time and place of their regular monthly meeting. Special meetings may be called by the SK chairperson or any four (4) of its members by giving written notice of the date, time, place and agenda of the meeting, which can be sent either through personal delivery, registered mail, fax or email, to all members, and must be received at least one (1) day in advance. The sangguniang barangay and the Municipal or City Youth Development Council (M/CYDC) shall be furnished with notices of regular and special meetings and the minutes of the meetings thereafter.
(b) A majority of the SK members including the SK chairperson shall constitute a quorum.
(c) The SK chairperson, or in her/his absence, the highest ranking elected SK member, shall act as the presiding officer. In their absence, the remaining SK members, there being a quorum, shall choose from among themselves the presiding officer. The SK secretary, or in her/his absence, any KK member designated by the presiding officer shall act as secretary. The designated KK member shall discharge the duties of the secretary during SK meetings and turn over the minutes of the meeting to the SK secretary.
(d) All SK meetings shall be held in a venue within the barangay.
SECTION 10. Qualifications. – (a) An official of the SK, either elective or appointive
must be:
(1) a citizen of the Philippines;
(2) a qualified and registered member of the KK;
(3) a resident of the barangay for not less than one (1) year immediately preceding the day of the elections;
(4) at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections;
(5) able to read and write Filipino, English, or the local dialect; and
must not:
(6) be related within the second civil degree of consanguinity or affinity to any incumbent elected national official, or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where she/he seeks to be elected (Annex A – Persons Included within the Second Degree of Affinity and Consanguinity); and
(7) have been convicted by final judgment of any crime involving moral turpitude.
(b) Any candidate for the SK election must declare in her/his Certificate of Candidacy (COC), the following statement: “The candidate is not related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where the candidate seeks to be elected.”
SECTION 11. Term of Office. – (a) The SK chairperson and members shall hold office for a fixed term of three (3) years, unless sooner removed for cause, permanently incapacitated, have died or resigned from office. Any elected SK official who possesses all the qualifications and none of the disqualifications is eligible for re-election.
(b) The SK secretary and treasurer shall be co-terminus with the appointing authority, unless sooner removed for cause, found to have failed from the discharge of her/his duties, or has committed abuse of authority as stipulated in existing laws pertaining to the conduct of public officials, through a majority vote of all the members of the KK in a regular or special assembly called for the purpose.
(c) An SK official who, during her/his term of office, shall have passed the age of twenty-four (24) years shall be allowed to serve the remaining portion of the term for which she/he was elected.
Section 12. SK Chairperson. – The SK chairperson shall automatically serve as an ex-officio member of the sangguniang barangay upon assumption to office. As such, she/he shall exercise the same powers, discharge the same duties and functions, and enjoy the same privileges as the regular sangguniang barangay members; and shall be the chairperson of the Committee on Youth and Sports Development. She/He shall be entitled to pro-rata honoraria for every session of the sangguniang barangay she/he has attended.
SECTION 13. Powers and Functions of the SK Chairperson. – The SK chairperson shall exercise the powers and discharge such duties as follows:
(a) Call and preside over all meetings of the SK and assemblies of the KK, and vote in case of a tie, except when one (1) of the agenda to be discussed in such assembly involves the disciplinary action against the SK chairperson, in which case, the highest ranking SK member shall preside.
The highest ranking SK member shall mean the council member who obtained the highest number of votes during the SK elections, as reflected in the Certificate of Canvass and Proclamation of the COMELEC;
(b) Take the lead in the formulation of the CBYDP and in the preparation and implementation of the ABYIP;
(c) Ensure the implementation of policies, programs and projects as contained in the ABYIP, in coordination with the sangguniang barangay and the M/CYDC;
(d) Sign all required documents and warrants/checks drawn from the SK funds for all expenditures, including financial reports and other related documents in the implementation of the CBYDP and ABYIP and other related programs, projects and activities;
(e) Exercise general supervision over the affairs and activities of the SK and the KK as well as the official conduct of its members;
(f) With the concurrence of the majority of all the SK members, appoint from among the members of the KK a secretary and a treasurer;
(g) Coordinate with the sangguniang barangay and other youth organizations within her/his barangay on youth-related programs and projects that they wish to initiate and implement; and
(h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
SECTION 14. SK Secretary. – The SK secretary shall:
(a) Keep and, in coordination with the other SK members, prepare and update all the records of the KK, including the list of its qualified and registered members, youth policies, profile, database studies, research and registry of youth and youth serving organizations in the barangay, if any, and ensure submission to the Commission and proper turn-over to the next set of SK officials;
(b) Cause the posting, in the barangay bulletin board and in at least three (3) conspicuous places within the jurisdiction of the barangay, and if possible including the use of traditional and non-traditional media, and make available for any person with legal purpose, of the following:
(1) all resolutions approved by the SK;
(2) the annual and end-of-term reports of the programs and projects implemented by the SK;
(3) the CBYDP; and
(4) ABYIP.
These shall be disseminated to the concerned offices, institutions and individuals;
(c) Prepare and keep the minutes of all meetings of the SK, including all the assemblies of the KK; and
(d) Perform such other duties and discharge such other functions as the SK chairperson may prescribe or direct.
SECTION 15. SK Treasurer. – The SK treasurer shall:
(a) Take custody of all SK properties and funds and ensure proper turnover to the next SK treasurer;
(b) Collect and receive contributions, monies, materials, and all other resources intended for the SK and the KK, and issue the corresponding official receipts thereto;
(c) Serve as cosignatory in all withdrawals from the SK funds and disburse funds in accordance with the approved annual budget and supplemental budget, as the case may be, of the SK;
(d) Certify the availability of the SK funds whenever necessary;
(e) Submit to the SK and to the sangguniang barangay, certified and detailed statements of actual income and expenditures at the end of every quarter and the posting of the same in the barangay bulletin board and in at least three (3) conspicuous places within the jurisdiction of the barangay, and if possible, including the use of traditional and non-traditional media;
(f) Render written financial report of all SK funds and property under her/his custody and shall be made available to the KK members during the regular KK assembly; and
(g) Perform such other duties and discharge such other functions as the SK chairperson may prescribe or direct.
SECTION 16. Privileges of SK Officials. – (a) All SK officials in good standing, whether elected or appointed, shall, during their incumbency:
(1) Be exempt from payment of tuition and matriculation fees while enrolled in any public tertiary school including state colleges and universities and those locally funded public educational institutions within or nearest their area of jurisdiction. Nearest their area of jurisdiction shall mean educational institutions within the municipality/city or province where her/his barangay is located or within 50km radius from her/his province.
The National Government through the DILG shall reimburse said college or university the amount of the tuition and matriculation fees. The DILG, Department of Budget and Management (DBM), Commission on Higher Education (CHED) and Philippine Association of State Universities and Colleges shall formulate and disseminate the guidelines for implementation of this provision within ninety (90) days upon approval of these rules. A mechanism of reimbursement will also be included in the guidelines.
Admission to any public tertiary school including state colleges and universities and those locally funded public educational institutions shall be subject to the admission policies and requirements of the said college or university.
Participation or performance of duties in the SK shall not be construed as substitution for the requirements of the subjects in the program being completed in school;
(2) Be exempt from taking the National Service Training Program-Civic Welfare Training Service (NSTP-CWTS) subjects. In lieu thereof, concerned SK officials shall submit written reports, preferably with photographs, or other documentations of their participation in the implementation of programs, projects and activities as outlined in the ABYIP.
Absence of such reports and documentations or a finding to the contrary upon verification of submitted reports, will disqualify the concerned SK officials from this privilege. The CHED and the Commission shall jointly promulgate the guidelines for the implementation of this provision;
(3) Be excused from attending their regular classes, if they are currently enrolled in any school, while attending their regular or special SK meetings, and the sangguniang barangay sessions, in case of the SK chairperson. A certification of attendance shall be issued by the SK secretary, attested by the SK chairperson and duly noted by the punong barangay, and shall be submitted to the concerned faculty member and the dean of the educational institution as proof of attendance. In the case of the SK secretary, the SK chairperson shall issue the certification duly noted by the punong barangay. In the case of the SK chairperson, the barangay secretary shall issue the certification of attendance duly noted by the punong barangay. Any person who shall falsely certify as to the attendance of any SK official shall be criminally and administratively liable;
(4) Be provided by the National Government with Philippine Health Insurance Corporation (PhilHealth) coverage, the amount of which to be included in the yearly General Appropriations Act (GAA), as provided for under the Revised Implementing Rules and Regulations of the National Health Insurance Act of 2013;
(5) Be entitled to receive actual travelling reimbursements as may be authorized by law, and subject to the availability of funds: Provided, That such travel is directly related to the performance of their functions as SK officials and is supported by duly approved travel order by the punong barangay, in the case of the SK chairperson, or by the SK chairperson, in the case of the other SK officials.
The SK official shall secure a Certificate of Appearance and other documents as may be required by law to be issued by the concerned authority.
Reimbursement of actual travelling expenses shall be governed by existing laws, rules and regulations;
(6) The SK chairperson shall have the same privileges enjoyed by other sangguniang barangay officials under this IRR, subject to such requirements and limitations provided herein.
SECTION 17. Persons in Authority. – For purposes of the Revised Penal Code, the SK chairperson and members in each barangay shall be deemed as persons in authority in their jurisdictions.
SECTION 18. Suspension and Removal from Office. – (a) Any elected official of the SK may, after due process, be suspended, for not more than six (6) months or removed from office by majority vote of all members of the sangguniang panlungsod or sangguniang bayan which has jurisdiction over the barangay of the concerned SK official which shall be final and executory on any of the following grounds:
(1) Absence from the regular SK meetings without valid cause for two (2) consecutive meetings or accumulated absences of four (4) days within a period of twelve (12) months. Valid cause includes, but is not limited to, illness as certified by a public health officer; natural or human-induced disaster; and attendance to trainings, seminars, workshops related to her/his duties and functions as SK official.
(2) Failure of the SK chairperson to convene the regular assembly of the KK for two (2) consecutive times;
(3) Failure to convene the regular SK meetings for three (3) consecutive months in the case of the SK chairperson;
(4) Failure to formulate the CBYDP and the ABYIP, or approve the annual budget within the prescribed period of time without justifiable reason;
(5) Failure to implement programs and projects outlined in the ABYIP without justifiable reason, as evaluated by the C/MYDC;
(6) Four (4) consecutive absences during the regular sangguniang barangay sessions without valid cause in the case of the SK chairperson;
(7) Conviction by final judgment of a crime involving moral turpitude; and violation of existing laws against graft and corruption and other civil service laws, rules and regulations; and
(8) Failure in the discharge of his or her duty or has committed abuse of authority.
(b) The sangguniang panlungsod or pambayan shall promulgate rules on suspension and removal from office of any elected SK official, taking into consideration the Local Government Code, and other applicable laws.
SECTION 19. Succession and Filling up of Vacancies. – (a) In case an SK chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the SK member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson for the unexpired portion of his or her term. In case said member refuses to assume the position or fails to qualify, the SK member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term.
(b) After the vacancy shall have been filled, the SK chairperson shall, within thirty (30) days, call for a special KK assembly to elect an SK member to complete the membership of said sanggunian. Provided, That such special assembly is coordinated with the Office of the LGOO and the Election Officer of the municipality or city where the concerned barangay belongs. Such SK member shall hold office for the unexpired portion of the term of the vacant seat. For this purpose, any citizen of the Philippines residing in the said barangay for at least six (6) months who attains the age of fifteen (15) years old but not more than thirty (30) years old at the time of the special election and who registers as member of the KK before the SK secretary shall be entitled to vote in the said special election.
(c) All other vacancies in the office of the SK shall be filled in accordance with the immediately preceding provision.
(d) Vacancies that are temporary in nature due to physical or legal reasons such as, but not limited to, leave of absence and travel abroad, shall be filled up in accordance with the following:
(1) if vacancy is within a three-day period, the SK Chairperson shall designate an Officer-in-Charge (OIC) from among the SK members; and
(2) if vacancy is more than a three-day period, the next SK member who obtained the highest number of votes in the election immediately preceding, shall assume the office of the chairperson on the fourth day.
(e) In case of suspension of the SK chairperson, the successor, as determined in subsection (a) of this section, shall assume the position during the period of such suspension.
SECTION 20. SK Funds. – The SK funds shall be governed by the following provisions:
(a) All the income of the barangay derived from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government-owned, situated in or nearest to its area of jurisdiction. Ten percent (10%) of the general fund of the barangay shall be set aside for the SK. The sangguniang barangay shall appropriate the SK funds in lump sum which shall be disbursed solely for youth development and empowerment purposes. Such funds shall be disbursed in accordance with the provisions of RA 10742, this IRR, RA 7160, RA 9184 and such other pertinent rules and regulations;
(b) The SK shall have financial independence in its operations, disbursements and encashment of their funds, income and expenditures. As such, the SK funds shall be deposited in the name of the SK of the concerned barangay in a government-owned bank situated in or nearest to its area of jurisdiction with the SK chairperson and the SK treasurer as the official signatories;
(c) All SK funds shall be allocated in an annual budget, and if the funds allow, in a supplemental budget in accordance with the adopted ABYIP. Both the CBYDP and ABYIP shall give priority to programs, projects and activities that will promote and ensure the equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health, including health services and adolescent sexual and reproductive health, anti-drug abuse, gender sensitivity, sports development, and capability building which emphasizes leadership training;
(d) The budget cycle of the SK shall be synchronized with that of the barangay. As such, the sangguniang panlungsod or sangguniang bayan shall, within sixty (60) days upon receipt hereof, review the annual budget and supplemental budget of the SK on their compliance in the immediately preceding provision and other existing laws, rules and regulations. Non-compliance shall render said budgets inoperative either in whole or in part. Failure on the part of the sanggunian to complete the review within the prescribed period shall render the said annual budget deemed approved; and
(e) All SK funds derived from any source shall be stated in its financial records which shall be kept by the SK treasurer, copy furnished the sangguniang barangay, in simplified manner as may be prescribed by the COA. All SK funds shall be subject to all existing accounting and auditing laws, rules and regulations.
Section 21. COA Accounting and Auditing Rules and Regulations. – The COA shall formulate accounting and auditing guidelines pertaining to the proper recording, reporting and audit of SK funds and such other funds, including but not limited to, funds of Pederasyon in all levels.
SECTION 22. Pederasyon ng SK. – (a) There shall be an organization of the Pederasyon ng mga SK to be known as follows:
(1) In municipalities, Pambayang Pederasyon ng mga SK, which shall be composed of the SK chairpersons of barangay in the municipality;
(2) In cities, the Panlungsod na Pederasyon ng mga SK, which shall be composed of the SK chairpersons of barangay in the city; and
(3) In provinces, Panlalawigang Pederasyon ng mga SK, which shall be composed of the presidents of the Pambayan and Panlungsod na Pederasyon ng mga SK.
(b) The Pederasyon ng mga SK shall, at all levels, elect from among themselves a president, a vice-president, a treasurer, a secretary and such other officers as they may deem necessary. The concerned LGOO in coordination with the Election Officer shall facilitate the conduct of the elections which shall be held within fifteen (15) days from the SK elections in the case of the Pambayan and Panlungsod na Pederasyon, and within thirty (30) days in the case of the Panlalawigang Pederasyon.
In case the president of the Pambayan and Panlungsod na Pederasyon is elected president of the Panlalawigang SK Pederasyon, the vice president of the Pambayan and Panlungsod na Pederasyon shall perform the duties and functions of the president of the Pambayan and Panlungsod na Pederasyon. No SK Official shall serve as president of the Panlalawigang Pederasyon and Panlungsod/ Pambayang Pederasyon at the same time.
(c) The president of the Pambayan and Panlungsod na Pederasyon shall secure clearance for cash and property accountability upon assumption to a higher office.
(d) The manner of election, suspension and removal of the officers of the Pederasyon at all levels and the term of office of the other officers of the Pederasyon shall be governed by the guidelines to be jointly issued by the DILG, the COMELEC and the Commission within sixty (60) days upon the effectivity of the SK Reform Act of 2015.
(e) All funds derived from any source of the Pederasyon in all levels, shall be stated in its financial records which shall be kept by the Pederasyon treasurer. The Pederasyon shall furnish a copy of such records to their respective provincial, city or municipal accountants as the case maybe. All Pederasyon funds shall be subject to all existing accounting and auditing laws, rules and regulations.
SECTION 23. Membership in the Sanggunian and Local Special Bodies. – (a) The duly elected president of the Pederasyon ng SK, at all levels, shall serve as ex-officio member of the sangguniang bayan, sangguniang panlungsod and sangguniang panlalawigan, respectively; and such, he shall exercise the same power, discharge the same duties and functions, and enjoy the same benefits and privileges of the regular member of the local sanggunian concerned.
(b) She or He shall be the chairperson of the Committee on Youth and Sports Development in the said sanggunian, and a regular member of the Committees on Education, Environment, Employment and Livelihood, Health and Anti-Drug Abuse, and Gender and Development.
RULE III
THE LOCAL YOUTH DEVELOPMENT COUNCIL (LYDC)
SECTION 24. Creation. – (a) To ensure wide and multi-sectoral youth participation in local governance, there shall be in every province, city and municipality an LYDC which shall be called, Provincial Youth Development Council (PYDC), City Youth Development Council (CYDC) and Municipal Youth Development Council (MYDC), respectively. The LYDC shall be headed by the concerned SK Pederasyon President and composed of representatives of youth and youth-serving organizations in the provincial, city, and municipal level. The LYDC shall assist in the planning and execution of projects and programs of the SK, and the Pederasyon in all levels.
(b) Formal Organization of Non-Organized Youth – To give equal opportunity for the youth, from the time of the enactment of these rules and up to the deadline for registration set by the Commission and DILG, non-organized youth groups may formally organize themselves and register in accordance with paragraph d and e of this section.
(c) Composition of Youth Organization and Youth Serving Organization – Youth Organization is an organization with members entirely composed of the youth, whose ages range from fifteen (15) to thirty (30) years old with a core advocacy that serves the youth. On the other hand, Youth Serving Organization is an organization with the same core advocacy but whose members are not entirely composed of the youth which may include civil society organizations (ie. peoples organizations and non-government organizations).
(d) Local Registration of Youth Organization and Youth Serving Organization – All youth organizations and youth serving organizations, with a minimum number of ten (10) members in good standing and which are operating in the concerned province, city, and municipality shall be registered in the following manner:
(1) Those from the component city or independent component city and municipality must register with the City or Municipal Youth Development Office (C/MYDO);
(2) Those from the province or highly urbanized city must register with the Provincial or Highly Urbanized City Youth Development Office (P/HUCYDO);
(3) In the absence of a Local Youth Development Office (LYDO) in the province, city or municipality the LCE shall designate existing personnel from the local government unit, who shall register these organizations, until such time that the local government unit can already create the office.
(4) Youth and youth serving organizations registered in other national government agencies shall also be recognized as registered organizations by the LYDO, provided that the organization is based and/or operates in the province, city or municipality.
(e) Local Verification of Youth Organization and Youth Serving Organization – The designated personnel, or the agencies in Section 24 (d) shall verify the registration information provided by these organizations. The LYDO or the designated personnel in Section 24 (d) shall send a list of registered and verified youth organizations and youth serving organizations to the Commission.
(f) Renewal, Verification and Continuing Local Registration – Registered youth and youth-serving organizations shall renew their local registration and verification every three years. The LYDO, the designated personnel, or the agencies in Section 24 (d) shall conduct a continuing registration procedure taking into consideration the budgetary and manpower requirements and the presence of youth and youth-serving organizations.
(g) Condition Precedent – Local registration and verification of youth organization and youth serving organization is a condition precedent for participation in the LYDC elections. However, if a youth organization or youth-serving organization is denied local registration and verification, such organization can apply for special registration and verification to the Commission. Such special registration and verification entitles the organization to participate in the LYDC elections. An appeal mechanism shall be formulated by the Commission.
(h) Qualifications of the Members of the LYDC – A member of the LYDC must be a citizen of the Philippines, a resident of the province, city, or municipality for not less than one year immediately preceding the day of her/his election to the LYDC. She/He should be at least fifteen (15) years, but not more than thirty (30) years of age on the day of her/his election at the council, able to read and write Filipino, English, or the local dialect, and must not have been convicted by final judgment of any crime involving moral turpitude.
(i) Composition of the LYDC – The LYDC shall be composed of at least ten (10) but not more than twenty-one (21) members including the two (2) core members from the SK. The two (2) core members shall be composed of the president and the vice-president of the concerned Pederasyon and shall be supported by at least eight (8) but not more than nineteen (19) other representatives from registered youth organizations or youth serving organizations, provided that all other incumbent SK officials shall not be eligible as member of the LYDC.
The following advocacies shall be represented: education, employment, health and participation and others as identified by the LYDC.
If the need arises, representatives from the national government agencies may be invited as resource persons.
For the C/MYDC, youth organizations and youth-serving organizations shall be city-wide and municipal-wide, respectively.
(j) Manner of Election – Within forty five (45) days after the SK elections, the LYDO or the designated existing personnel from the local government unit shall notify all the presidents or authorized representatives of the registered youth organizations or youth serving organizations in that locality, assemble them in a public venue, and by consensus or secret balloting, they shall choose at least eight (8) but not more than nineteen (19) representatives. These representatives shall serve for a term of three (3) years in the LYDC.
(k) Convening of the LYDC – The duly elected presidents or vice presidents of the Pambayang Pederasyon ng mga SK, Panlungsod na Pederasyon ng mga SK and Panlalawigang Pederasyon ng mga SK shall automatically become members of the municipal, city and provincial youth development councils, respectively. The SK Pederasyon president, or in her/his absence, the vice president shall convene the council and shall preside over all its meetings.
(l) Meetings and Quorum. –
(1) The LYDC shall schedule a meeting every quarter, and as often as needed. However, if the president or the vice president of the SK Pederasyon of the Province/City/Municipality fails to convene the LYDC as scheduled, at least one-third of the total membership of the LYDC may call for a meeting. In both instances, a written notice shall be sent, either through traditional or non-traditional means, to all members setting the date, time, place and agenda of the meeting which must be received at least two (2) days in advance.
(2) The presence of the majority of all members of the LYDC shall constitute a quorum.
(m) Duties and Functions of the LYDC – The LYDC shall discharge the following duties and functions:
(1) Serve as the core of the advocacy on youth participation in nation-building and youth empowerment;
(2) Finalize the three (3) year LYDP that is anchored in the PYDP and the development plans of the local government units.
The LYDP shall be initially drafted by the respective SK Pederasyon and shall be finalized by the LYDC. This shall be submitted to the LCE for inclusion in the Local Development Plan and subsequently endorsed to the Sanggunian of the local government unit concerned for approval. These plans shall give priority to programs, projects and activities that will promote and ensure the meaningful youth participation in nation-building, sustainable youth development and empowerment, 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, social protection, capability building and sports development;
(3) Monitor and evaluate the implementation of the Local Youth Development Plan; and
(4) Perform such other functions as may be prescribed by law or ordinance.
(n) Additional guidelines in the implementation of Section 24 of this rule shall be promulgated by the Commission as necessary.
Section 25. Local Youth Development Council Funds. – The LYDC shall be funded by their respective sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. All expenditures of these funds shall be subject to COA rules and regulations.
RULE IV
THE LOCAL YOUTH DEVELOPMENT OFFICE
Section 26. Creation. – (a) There shall be in every province, city and municipality a Youth Development Office which shall be headed by a youth development officer with the rank of at least division chief. Such may be put under the Office of the LCE, the Office of the Planning and Development, the Office of the Social Welfare or in any other office deemed appropriate by the local government unit. If the funds of the local government unit are sufficient, it can be a separate department with divisions and units for policy and planning, administration and finance, and programs and operations. In the event that the local government unit has exceeded the prescribed personal services limitations, the LCE may designate existing personnel whom she/he deems fit to serve this purpose until such time that the local government unit can already create this office. The LCE shall create this office or designate the person within seven (7) months from the approval of the SK Reform Act
(b) Qualifications of the Youth Development Officer – In addition to the requirements prescribed by the Civil Service Commission (CSC), the youth development officer shall:
(1) be preferably not more than thirty years of age at the time of her/his appointment;
(2) be of good moral character; and
(3) must have acquired experience in youth development affairs or involvement in youth or youth-serving organizations for at least three (3) years; and
(4) He or she shall be appointed by the concerned LCE, but in no case is he or she be within the fourth (4th) civil degree of consanguinity or affinity of the appointing authority.
(c) Other Personnel of the Youth Development Office – The local government unit, upon the recommendation of the Local Youth Development Officer, may provide additional staffing requirements in the Local Youth Development Office and shall be appointed by the concerned LCE in whatever status deemed appropriate, and in accordance with civil service rules and regulations.
(d) Functions of the Local Youth Development Office – The youth development office shall have the following functions:
(1) In accordance with Section 24 (d) of these rules, register and verify youth and youth-serving organizations (Subject to the revitalized Youth Organizations’ Registration Program (YORP) guidelines);
(2) Provide technical assistance to the LYDC of the concerned LGU in the formulation of the LYDP;
(3) Facilitate the election of the LYDC representatives;
(4) Serve as secretariat to the LYDC;
(5) Conduct the mandatory and continuing training of SK officials and LYDC members, in accordance with the programs jointly designed and implemented by the Commission and the DILG. The local youth development officer and/or his or her staff shall apply for accreditation from the Commission in order for them to conduct the mandatory and continuing training programs of SK officials and LYDC members. In the absence of a Youth Development Office in the province, city or municipality, the designated existing personnel by the LCE shall apply for accreditation with the Commission in order for said official to conduct the mandatory and continuing training programs of SK officials and LYDC members.
(6) Provide technical, logistical and other support in the conduct of the mandatory and continuing training programs, and to such other programs of the Commission and DILG;
(7) Coordinate with the Commission, with regard to the youth programs within their jurisdiction; and
(8) Perform such other functions as may be prescribed by law, ordinance, or as the LCE, the DILG or the Commission may require.
SECTION 27. Funding. – The local government unit shall incorporate in its annual budget such amount as may be necessary for the operation and effective functioning of the Local Youth Development Office and in accordance with the COA accounting and auditing rules and regulations
SECTION 28. The local government unit concerned may provide an office space and/or desk within the province and preferably within the Youth Development Office, upon the request of the Commission.
SECTION 29. Specific Functions of the Provincial/City/Municipal Youth Development Officers shall be provided in Annex B of this IRR.
RULE V
CAPABILITY-BUILDING AND ORIENTATION TOWARDS NATION-BUILDING AND EMPOWERMENT
SECTION 30. Mandatory and Continuing Training. – (a) For the purpose of emphasizing the role of the youth in nation-building and molding them to become better citizens with the values of patriotism, nationalism and honor as a Filipino, any SK official, whether elected or appointed, or any member of the LYDC must undergo the mandatory training programs before she or he can assume office.
(b) During their incumbency, they must attend the continuing training programs to be undertaken by the Commission in coordination with the DILG. Deliberate failure to attend the said training programs shall constitute sufficient ground to disqualify said SK official or LYDC member or subject them to disciplinary actions.
(c) The Commission in coordination with DILG and CHED and other relevant agencies shall develop an accreditation system for mandatory and continuing training providers.
(d) For the purpose of this Rule, and in accordance with Section 10 (i) of R.A. 8044, the Commission shall establish additional regional offices in order to effectively carry out its function of undertaking the training programs of SK officials and LYDC members as well as the accreditation of training providers.
(e) The Commission shall identify effective strategy of implementation for the training programs to cover all SK officials and LYDC members, whether elected or appointed which may include ensuring the presence of competent pool of trainers or coaches in all the provinces.
(f) The Commission shall develop a capacity development program, which shall not be limited to seminars and training, for the SK officials and LYDC members based on identified competency requirements which shall include the following components, among others:
(1) A basic orientation highlighting their roles and functions, values formation, including basic leadership and skills management training;
(2) Development or enhancement of skills needed to perform their functions such as planning, program/project management, transparency, accountability and integrity management, and financial management, etc.; and
(3) Capacity development interventions targeting the affective domain (i.e. developing sense of commitment, patriotism, volunteerism, and becoming change makers).
(g) The province, city, municipality, barangay and state universities and colleges shall provide logistics and other support, with regard to the mandatory and continuing training programs of SK officers in their locality.
(h) The SK shall also implement a program to transfer the knowledge learned from the mandatory, continuing and other training programs by the SK officers to the members of the KK. These programs of knowledge transfer may include dialogues, forum, lectures, classes and other means of transferring knowledge. These shall be mandatorily included in the CBYDP and ABYIP as capability building programs that emphasize leadership training.
(a) 1. The Philippine cultural history, political systems, ethics and ideologies 2. The Filipino as a nation builder 3. The Filipino youth and its role in nation building; and
(b) capability building on leadership, program and project development and sustainability, financial management, and accountability and transparency, and gender sensitivity.
SECTION 32. Training Fund – A training fund with an initial amount of Fifty Million Pesos (P50,000,000.00) is hereby established and appropriated from any available source to be managed by the Commission. Thereafter, such amount needed for this purpose shall be included in the Annual General Appropriations Act.
RULE VI
LINGGO NG KABATAAN
SECTION 33. Observance of Linggo ng Kabataan. – (a) Every province, city, municipality and barangay shall conduct an annual activity to be known as the Linggo ng Kabataan on the week where the 12thof August falls to coincide with the International Youth Day. The SK, in the case of barangay, and the respective LYDC in cooperation with the Pederasyon ng mga SK, in the case of province, city and municipality, shall take the lead in this observance.
(b) The observance of the Linggo ng Kabataan shall include the election of counterparts of all local elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in the territorial jurisdiction of the local government unit, among in-school and community youth residing in the local government concerned from ages thirteen (13) to seventeen (17). During the said week, they shall hold office as boy and girl officials and shall perform such duties and conduct such activities as may be provided in the ordinance enacted pursuant to this IRR.
RULE VII
REGISTRATION, ELECTION AND ASSUMPTION OF OFFICE
SECTION 34. Registration. – For purposes of the next regular SK election under this IRR, the COMELEC shall set a special registration of the KK which shall in no case be less than one (1) month and shall include Saturdays and Sundays. Subsequent registration of the KK shall be governed by Republic Act No. 8189 including the system of continuing registration. The manner of registration shall be governed by existing laws.
SECTION 35. Date of Election. – The SK elections shall be synchronized with the barangay elections and subsequently every three (3) years thereafter.
RULE VIII
FINAL PROVISIONS
SECTION 36. Appropriations. – The amount necessary to implement the provisions of this IRR shall be included in the Annual General Appropriations Act of the Commission.
SECTION 37. Separability Clause. – If, for any reason or reasons, any part or provision of this IRR shall be declared unconstitutional or invalid, other parts or provisions not affected thereby shall continue to be in full force and effect.
SECTION 38. Any issuance, letter of instruction, administrative order, proclamation, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of RA 10742 and this IRR is hereby repealed, modified, or amended accordingly.
SECTION 39. Amendment and Revision. – The Commission, DILG, COMELEC, DBM, CHED, the Department of Education, and COA may amend or revise these rules.
(a) A written petition of at least two (2) of the seven (7) member agencies is needed to call a meeting for the purpose of amending and revising these rules.
(b) Such written petitions must be received by all of the seven (7) member agencies.
(c) There being a quorum, in a meeting duly called for, any amendment or revision of these rules shall be made through a motion stating the proposed amendment or revision and the reasons therefor.
(d) For the proposed amendment or revision to be effective, an affirmative vote of at least four (4) of the seven (7) member agencies are needed.
SECTION 40. Effectivity Clause. These rules shall take effect fifteen (15) days after complete publication in the Official Gazette and upon filing three (3) certified copies of it with the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center.
ANNEX A – Persons Included within the Second Degree of Affinity and Consanguinity.
ANNEX B – Functions of Provincial Youth Development Office, City Youth Development Office, Municipal Youth Development Office
| Provincial Youth Development Office | City Youth Development Office | Municipal Youth Development Office |
| a) register and verify youth and youth-serving organizations (Subject to the revitalized YORP guidelines) – province level;
b) provide technical assistance to the LYDC of the concerned LGU in the formulation of the LYDP;
c) facilitate the election of the LYDC representatives in the province;
d) serve as secretariat to the LYDC in the province and as such, shall provide the necessary administrative, operational, staff and technical support to the LYDC
e) Upon being accredited by the Commission, conduct the mandatory and continuing training of LYDC members in the province, in accordance with the programs jointly designed and implemented by the Commission and the DILG;
f) provide technical, logistical and other support in the conduct of the mandatory and continuing training programs, and to such other programs of the Commission and DILG;
g) coordinate with the Commission in terms of policy and PPA guidance;
h) Assist the M/CYDO in the training of the SK Officers; and
i) perform such other functions as may be prescribed by law, ordinance, or as the LCE, the DILG or the Commission may require.
| a) register and verify youth and youth-serving organizations (Subject to the revitalized YORP guidelines) – city level;
b) provide technical assistance to the LYDC of the concerned LGU in the formulation of the LYDP;
c) facilitate the election of the LYDC representatives in the city;
d) serve as secretariat of to the LYDC in the city and as such, shall provide the necessary administrative, operational, staff and technical support to the LYDC;
e) Upon being accredited by the Commission, conduct the mandatory and continuing training of SK and LYDC members in the city, in accordance with the programs jointly designed and implemented by the Commission and the DILG;
f) provide technical, logistical and other support in the conduct of the mandatory and continuing training programs, and to such other programs of the Commission and DILG;
g) coordinate with the Commission in terms of policy and PPA guidance; and
h) perform such other functions as may be prescribed by law, ordinance, or as the LCE, the DILG or the Commission may require.
| a) register and verify youth and youth-serving organizations (Subject to the revitalized YORP guidelines) – municipal level;
b) provide technical assistance to the LYDC of the concerned LGU in the formulation of the LYDP;
c) facilitate the election of the LYDC representatives in the municipality;
d) serve as secretariat of to the LYDC in the municipality and as such, shall provide the necessary administrative, operational, staff and technical support to the LYDC;
e) Upon being accredited by the Commission, conduct the mandatory and continuing training of LYDC members in the municipality, in accordance with the programs jointly designed and implemented by the Commission and the DILG;
f) provide technical, logistical and other support in the conduct of the mandatory and continuing training programs, and to such other programs of the Commission and DILG;
g) coordinate with the Commission in terms of policy and PPA guidance; and
h) perform such other functions as may be prescribed by law, ordinance, or as the LCE, the DILG or the Commission may require.
|
Approved,
HON. EARL P. SAAVEDRA
Officer-in-Charge Chairperson, NYC
HON. MEL SENEN S. SARMIENTO
Secretary, DILG
HON. ANDRES D. BAUTISTA
Chairperson, COMELEC
HON. LAURA B. PASCUA
Undersecretary, DBM
HON. ARMIN A. LUISTRO, FSCSecretary, DEPED
HON. PATRICIA B. LICUANAN Chairperson, CHED
HON. MICHAEL G. AGUINALDOChairperson, COA
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