Sangguniang Kabataan Reform Act of 2015

Section 4

There shall be in every barangay a Katipunan ng Kabataan to be composed of all citizens of the Philippines residing in the barangay for at least six (6) months, who are at least fifteen (15) but not more than thirty (30) years of age, and who are duly registered in the list of the Commission on Elections (COMELEC) and/or the records of the Sangguniang Kabataan secretary.

Section 5

The Katipunan ng Kabatan shall: (a) Elect the Sangguniang Kabataan chairperson and members; and (b) Serve as the highest policy-making body to decide on matters affecting the youth in the barangay. As such, the Sangguniang Kabataan shall consult and secure the concurrence of the Katipunan ng Kabataan in the formulation of all its, programs, plans and activities.

Section 6

The Katipunan ng Kabataan shall meet at least once every six (6) months, or at the call of the chairperson of the Sangguniang Kabataan or upon written petition of at least one-twentieth (1/20) of its members, to decide on important issues affecting the youth of the barangay.

Section 7

There shall be in every barangay a Sangguniang Kabataan to be composed of a chairperson and seven (7) members who shall be elected by the registered voters of the Katipunan ng Kabataan. The Sangguniang Kabataan chairperson/shall, with the concurrence of the majority of the Sangguniang Kabataan members, appoint from among the members of the Katipunan ng Kabataan, a secretary and a treasurer.

Section 8

The Sangguniang Kabataan shall: (a) In consultation and with the concurrence of the Katipunan ng Kabataan, and within three (3) months from their assumption to office, formulate a three (3)-year rolling plan, which shall be known as the Comprehensive Barangay Youth Development Plan, which shall serve as basis in the preparation of the Annual Barangay Youth Investment Program. This plan shall be aligned with the Philippine Youth Development Plan (PYDP) and other Local Youth Development Plan in every level, municipal, city and provincial as is relevant; (b) Approve the annual budget which is the annual slice of the Annual Barangay Youth Investment Program before the start of the succeeding fiscal year and, if the Sangguniang Kabataan funds allow, a supplemental budget. 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 Comprehensive Barangay Youth Development Plan and the applicable provisions of this Act; (d) Initiate and implement, in coordination with any national government agency and/or any private or nongovernment institution, programs and projects designed to promote general welfare, development and empowerment of the youth; (e) Hold fund-raising activities which are in line with the Comprehensive Barangay Youth Development Plan, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the Sangguniang Kabataan: 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 appropriation thereof shall be in accordance with existing applicable budget, accounting and auditing rules and regulations, such as those issued by the Department of Budget and Management (DBM) and the Commission on Audit (COA); (f) Create regular and special committees and such other bodies whose chairpersons and members of which shall come from among the members of the Sangguniang Kabataan or from among the members of the Katipunan ng Kabataan, as it may deem necessary to effectively carry out its programs and activities; (g) Submit the annual and end-of-term program accomplishments and financial reports to the Sangguniang Barangay and present the same during the Katipunan ng Kabataan assembly, copy furnished the Office of the Local Government Operations Officer and Local Youth Development Council (LYDC), all in accordance with the prescribed form by the DILG and the Commission; (h) Partner with the LYDC in planning and executing projects and programs of specific advocacies like good governance, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, and sports development; (i) Adopt and implement a policy on full public disclosure of all its transactions and documents involving public interest; and (j) Within sixty (60) days from their assumption to office, the Sangguniang Kabataan shall: 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; and (k) 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. (As amended by RA No 11768)

Section 9

(a) The Sangguniang Kabataan shall meet regularly once a month on the date, time and place to be fixed by the said sanggunian. Special meetings may be called by the 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 shall be furnished with notices of regular and special meetings and the minutes of the meetings thereafter. (b) A majority of the members including the chairperson shall constitute a quorum.

Section 10

An elected or appointed official of the Sangguniang Kabataan must be a citizen of the Philippines, a qualified voter of the Katipunan ng Kabataan, a resident of the barangay for not less than one (1) year immediately preceding the day of 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, must not be related within the second civil degree of consanguinity or affinity to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where the appointive or elective official seeks to be elected, and must not have been convicted by final judgment of any crime involving moral turpitude: Provided, That the Sangguniang Kabataan treasurer and secretary must be at least eighteen (18) years but not more than thirty (30) years of age on the day of the appointment: Provided, further, That the Sangguninang Kabataan chairperson shall appoint a treasurer with an educational or career background relating to business administration, accountancy, finance, economics, or bookkeeping: Provided, further, That only if no person meets the requirements can the Sangguniang Kabataan chairperson consider other suitable nominees: Provided, furthermore, That the appointed Sangguniang Kabataan treasurers shall undergo a mandatory bookkeeping training from, and be duly certified by, the Technical Education and Skills Development Authority (TESDA) before assumption to office: Provided, finally, That the appointed Sangguniang Kabataan treasurers shall be prioritized in the allocation of the appropriate TESDA scholarships. (As amended by RA No 11768)

Section 11

(a) The chairperson and members of the Sangguniang Kabataan shall hold office for a fixed term of three (3) years unless sooner removed for cause, permanently incapacitated, have died or resigned from office. (b) The Sangguniang Kabataan secretary and treasurer shall be coterminous with the appointing authority unless sooner removed for cause, found to have failed from the discharge of his or her 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 Katipunan ng Kabataan in a regular or special assembly called for the purpose. (c) A Sangguniang Kabataan official who, during his or her 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 he or she was elected.

Section 12

The chairperson of the Sangguniang Kabataan shall automatically serve as an ex officio member of the Sangguniang Barangay upon assumption to office. As such, he or she 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. He or she shall be entitled to a pro-rata honoraria for every session of the Sangguniang Barangay he or she has attended.

Section 13

The Sangguniang Kabataan chairperson shall exercise such powers and discharge such duties as follows: (a) Call and preside over all meetings of the Sangguniang Kabataan, and vote in case of a tie, and assemblies of the Katipunan ng Kabataan except when one. (1) of the agenda to be discussed in such assembly involves the disciplinary action against the Sangguniang Kabataan chairperson, in which case, the highest ranking Sangguniang Kabataan member shall preside; (b) Take the lead in the formulation of the Comprehensive Barangay Youth Development Plan and in the preparation and implementation of the Annual Barangay Youth Investment Program; (c) Ensure the implementation of policies, programs and projects as contained in the Annual Barangay Youth Investment Programs, in coordination with the Sangguniang Barangay and the Municipal or City Youth Development Council; (d) Sign all required documents and warrants drawn from the Sangguniang Kabataan funds for all expenditures in the implementation of the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program; (e) Exercise general supervision over the affairs and activities of the Sangguniang Kabataan and the Katipunan ng Kabataan as well as the official conduct of its members; (f) With the concurrence of the Sangguniang Kabataan, appoint from among the members of the Katipunan ng Kabataan a secretary and a treasurer; (g) Coordinate with the Sangguniang Barangay and other youth organizations within his or her 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

The Sangguniang Kabataan secretary shall: (a) Keep all the records of the Katipunan ng Kabataan, including the list of its qualified members, youth policies, studies, research and registry of youth and youth-serving organizations in the barangay, if any; (b) Prepare and keep all the minutes of all assemblies of the Katipunan ng Kabataan and of all the meetings of the Sangguniang Kabataan; (c) 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 nontraditional media, and make available for any person with legal purpose, all resolutions approved by the Sangguniang Kabataan, the annual and end-of-term reports of the programs and projects implemented by the Sangguniang Kabataan, the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment Program and the dissemination of the same to concerned offices, institutions and individuals; and (d) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson may prescribe or direct.

Section 15

The Sangguniang Kabataan treasurer, who shall be bonded officer, shall: (a) Take custody of all Sangguniang Kabataan property and funds; (b) Collect and receive contributions, monies, materials, and all other resources intended for the Sangguniang Kabataan and the Katipunan ng Kabataan; (c) Serve as cosignatory in all withdrawals from the Sangguniang Kabataan funds and disburse funds in accordance with the approved annual budget and supplemental budget, as the case may be, of the Sangguniang Kabataan, (d) Certify to the availability of the Sangguniang Kabataan funds whenever necessary; (e) Submit to the Sangguniang Kabataan 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 nontraditional media; (f) Render report during the regular Katipunan ng Kabataan assembly on the financial status of the Sangguniang Kabataan; and (g) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson may prescribe or direct. (As amended by RA No 11768)

Section 16

(a) All Sangguniang Kabataan officials in good standing, whether elected or appointed, shall, during their incumbency: 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. The National Government, through the DILG, shall reimburse said college or university the amount of the tuition and matriculation fees; Be exempt from taking any of the components of the National Service Training Program (NSTP); Be excused from attending their regular classes, if they are currently enrolled in any school, while attending their regular or special Sangguniang Kabataan meetings, and the Sangguniang Kabataan sessions, in the case of the Sangguniang Kabataan chairperson. A certification of attendance shall be issued by the Sangguniang Kabataan secretary attested by the Sangguniang Kabataan chairperson and duly noted by the Punong Barnagay and shall be submitted to the concerned institution as proof of attendance. In the case of the Sangguniang Kabataan secretary, the Sangguniang Kabataan chairperson shall issue the certification duly noted by the Punong Barangay. In the case of the Sangguniang Kabataan 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 Sangguniang Kabataan official shall be criminally and administratively liable; Be provided by the National Government with the Philippine Health Insurance (PhilHealth) coverage; Be entitled to receive actual traveling 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 Sangguniang Kabataan officials and is supported by duly approved travel order by the Punong Barangay in the case of the Sangguniang Kabataan chairperson, or by the Sangguniang Kabataan chairperson in the case of the other Sangguniang Kabataan officials. The Sangguniang Kabataan members, including the Sangguniang Kabataan treasurer and secretary, shall receive a monthly honorarium, chargeable against the Sangguniang Kabataan funds, in addition to any other compensation provided by this Act and shall be granted at the end of every regular monthly Sangguniang Kabataan meeting: Provided, That the monthly honorarium shall not exceed the monthly compensation received by their Sangguniang Kabataan chairperson: Provided, further, That not more than twenty-five percent (25%) of the Sangguniang Kabataan funds shall be allocated for personnel services. The DBM shall issue the necessary guidelines implementing this provision. The local government units may provide additional honorarium as well as social welfare contributions and hazard pay to the Sangguniang Kabataan chairperson and the elected and appointed members through their own local ordinances: Provided, That the honorarium as stated in this section shall be subject to the post-audit jurisdiction of the COA; and Be entitled to the appropriate civil service eligibility based on the years of service to the barangay pursuant to the rules and regulations to be promulgated by the Civil Service Commission (CSC). (b) The Sangguniang Kabataan chairperson shall have the same privileges enjoyed by other Sangguniang Kabataan officials under this Act subject to such requirements and limitations provided herein. (As amended by RA No 11768)

Section 17

For purposes of the Revised Penal Code, the Sangguniang Kabataan chairperson and members in each barangay shall be deemed as persons in authority in their jurisdictions.

Section 18

Any elected official of the Sangguniang Kabataan 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 Bayan or Sangguniang Panlungsod which has jurisdiction in the barangay of the concerned Sangguniang Kabataan official which shall be final and executory, on any of the following grounds: (a) Absence from the regular meeting of the Sangguniang Kabataan without valid cause for two (2) consecutive times or accumulated absences of four (4) within a period of twelve (12) months; (b) Failure to convene the regular assembly of the Katipunan ng Kabataan for two (2) consecutive times; (c) Failure to convene the regular Sangguniang Kabataan meetings for three (3) consecutive months in the case of the Sangguniang Kabataan chairperson; (d) Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay Youth Investment Program, or approve the annual budget within the prescribed period of time without justifiable reason; (e) Failure to implement programs and projects outlined in the Annual Barangay Youth Investment Program without justifiable reason; (f) Four (4) consecutive absences during the regular Sangguniang Barangay sessions without valid cause in the case of the Sangguniang Kabataan chairperson; (g) 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 (h) Failure in the discharge of his or her duty or has committed abuse of authority.

Section 19

(a) In case a Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the Sangguniang Kabataan 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 Sangguniang Kabataan member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of their term: Provided, That, if the reason for the vacancy does not fall under the conditions stated above, the mayor of the concerned barangay shall appoint an officer-in-charge (OIC) from a list of at least three (3) nominees as submitted by the Sangguniang Kabataan members: Provided, further, That the appointed OIC must meet the qualifications set under Section 10 of this Act. (b) After the vacancy shall have been filled, the Sangguniang Kabataan chairperson shall, within thirty (30) days, call for a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan member to complete the membership of said sanggunian: Provided, That, such special assembly is coordinated with the Office of the Local Government Operations Officer and the COMELEC of the municipality or city where the concerned barangay belongs Such Sangguniang Kabataan 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 at the time of the special election and who registers as member of the Katipunan ng Kabataan before the Sangguniang Kabataan secretary shall be entitled to vote in the said special election. (c) All other vacancies in the office of the Sangguniang Kabataan shall be filled in accordance with the immediately preceding provision. (d) In case of suspension of the Sangguniang Kabataan chairperson, the successor, as determined in subsection (a) of this section, shall assume the position during the period of such suspension. (As amended by RA No 11768)

Section 20

The Sangguniang Kabataan 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. Such funds shall be disbursed in accordance with the provisions of this Act. Ten percent (10%) of the general funds of the barangay shall be set aside for the Sangguniang Kabataan. The Sangguniang Kabataan funds in lump-sum which shall be disbursed for youth development and empowerment purposes; (b) The Sangguniang Kabataan shall have financial independence in its operations, disbursements and encashment of their fund, income and expenditures. As such, the Sangguniang Kabataan funds shall be deposited in the name of the Sangguniang Kabataan of the concerned barangay in a government-owned bank situated in or nearest to its area of jurisdiction with the Sangguniang Kabataan chairperson and the Sangguniang Kabataan treasurer as the official signatories; (c) All Sangguniang Kabataan funds shall be allocated in an annual budget, and if the funds allow, in a supplemental budget in accordance with the adopted Annual Barangay Investment Program. Both the Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program shall give priority to programs, projects and activities that will promote and attain the thrusts of the PYDP such as health, education, environment, global mobility, active citizenship, governance, social equity and inclusion, peace-building and security, human rights, gender equality and economic empowerment, including: Student stipends, food, book and transportation allowances, and other educational assistance programs that will reduce the incidence of out-of-school youth and drop-outs; Sports and wellness projects to address 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 the participation of the youth and their initiation in agricultural, fishery, and forestry enterprises; Programs and activities that will locate the youth at the forefront of climate action, environmental protection and conservation efforts, and enlist their involvement in calamity preparedness, information dissemination and other disaster-related activities; Capacity-building for grassroots organization and leadership, and values education; and Programs and activities that address context-specific and intersectional vulnerabilities of young people; (d) The Sangguniang Bayan or Sangguniang Panlungsod shall, within sixty (60) days upon receipt hereof, review the annual budget and supplements1 budget of the Sangguniang Kabataan on their compliance in the immediately preceding provision and other existing laws, rules and regulations. Noncompliance 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. All Sangguniang Kabataan funds derived from any source shall be stated in its financial records which shall be kept by the Sangguniang Kabataan treasurer, copy furnished the sangguniang barangay, in simplified manner as may be prescribed by the Commission on Audit (COA). All Sangguniang Kabataan funds shall be subject to all existing accounting and auditing laws, rules and regulations. (e) The Sangguniang Kabataan may set aside an amount for the mandatory and continuing training of Sangguniang Kabataan to complement the training fund therein provided under Section 29 of the Sangguniang Kabataan Reform Act of 2015. The total amount appropriated for training shall not be more than fifteen percent (15%) of the Sangguniang Kabataan fund. The Sangguniang Kabataan may also consult nongovernmental organizations (NGOs) and civil society organizations (CSOs) accredited by the National Youth Commission in the development of mandatory programs and trainings for its officials. (As amended by RA No 11768)

Section 21

(a) There shall be an organization of the Pederasyon ng mga Sangguniang Kabataan to be known as follows: (1) In municipalities, Pambayang Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the municipality; (2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the city; and (3) In provinces, Panlalawigang Pederasyon ng mga Sangguniang Kabataan which shall be composed of the convenors of the Pambayan and Panlungsod na Pederasyon ng mga Sangguniang Kabataan. (b) The Pederasyon ng njiga Sangguniang Kabataan shall, at all levels, elect from among themselves a president, a vice president, a1 treasurer, a secretary and such other officers as they may deem necessary. The concerned Local Government Operations Officer, in coordination with the election officer, shall facilitate the conduct of the elections which shall be held within fifteen (15) days from the Sangguniang Kabataan elections in case of the Pambayan and Panlungsod na Pederasyon, and within thirty (30) days in case of the Panlalawigang Pederasyon. (c) 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 this Act. (d) Duties and Functions of the Pederasyon ng Sangguniang Kabataan. — The Pederasyon ng Sangguniang Kabataan and the Local Youth Development Council (LYDC) shall draft the Local Youth Development Plan (LYDP). The Pederasyon ng Sangguniang Kabataan and LYDC shall convene quarterly to ensure the implementation of the LYDP and alignment of Comprehensive Barangay Youth Development Program and Annual Barangay Youth Investment Program to the LYDP. The Pederasyon shall also cascade information and facilitate knowledge transfer to their respective localities. (e) 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 shall 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 or the "Youth in Nation-Building Act. (As amended by RA No 11768)

Section 22

The duly elected president of the Pederasyon ng Sangguniang Kabataan, at all levels, shall serve as ex officio member of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, respectively, and shall: (a) 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; (b) serve as ex officio member of Local School Board, Local Council for the Protection of Children, Local Development Council, Local Health Board, Local Tourism Council and Local Peace and Order Council; and (c) convene the LYDC every three (3) months to conduct consultations with youth organizations. (As amended by RA No 11768)

Section 23

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 shall elect, among themselves, a representative who shall sit as an ex officio member of the National Youth Commission, consistent with Section 5 of Republic Act No. 8044, otherwise known as the "Youth in Nation-Building Act. (As added by RA No 11768)