Pol Sci 14 - WBYDX
The Abolition of the Sangguniang Kabataan as a Reinvention of Youth Representation
A Research Paper
In Partial Fulfillment of the Requirements for Political Science 14
Joanne Michelle C. Lara
University of the Philippines Manila
College of Arts and Sciences
Padre Faura, Ermita, Manila
The youth is essential for the development of the country. They serve as living “reserves” to which the next generation depends on. As Jose Rizal’s quote turned cliché goes, ang kabataan ang pag asa ng bayan. The state ought to treat the youth as an essential part of the whole system. In fact, it is mandated in the Constitution that the state shall recognize the vital role of the youth in nation building.
Young people are a bundle of so much potential. To put those potentials to actions, the Sangguniang Kabataan was created. Its aim is to improve the youth sector in all aspects – social, political, economic, cultural, intellectual, moral, spiritual and physical. SK officials are then given benefits and privileges in exchange for their efforts. They are also given funds by the barangay to finance their projects.
The Sangguniang Kabataan, being politically inclined, gives rise to issues concerning its existence. The SK is now in a dilemma for it is being seen as inefficient and somewhat irrelevant. The youth leaders are seen as incompetent and vulnerable to the evils of politics. Because of this, efforts have been made by the legislators to abolish the said youth organization and create a new organization that would fit the needs and capabilities of young Filipinos. However, some are not in favor of this move. Some people are aiming for reform rather than abolition.
This research aims to specify the different roles of the Sangguniang Kabataan provided by the law and to see of the youth organization is living up with what it is expected to do. It will also provide the different reasons why the abolition of the SK is being pushed through and why some people are against abolition.
This research aims to answer the following questions:
1) What are the functions of the Sangguniang Kabataan?
2) What are the arguments presented for it to be abolished?
3) Would reforms be enough to strengthen the SK?
4) If the SK would be abolished, what would be the alternatives?
This research attempted to see all sides – the views of those aiming for reform and for abolition; and the views of the adults who deal with the issue and the youth who would be affected by this move. The study comprises a brief description of the Sangguniang Kabataan, the responsibilities and privileges of Sangguniang Kabataan officials and various proposals for reform and abolition which was extracted from books, newspaper articles and online articles.
Being presented with arguments for reform and abolition, the Sangguniang Kabataan undoubtedly faces a lot of problems. There is something wrong with it that should be subjected to change. Youth representation needs a new face and a new mechanism in which it will operate. Reforms would not be enough for the SK to be effective because for the SK to be efficient, every aspect of it should be altered. And if the SK would be reformed all through out then might as well create a new vehicle for youth representation. Besides, reforming the Sangguniang Kabataan would, most probably, not remove the bad reputation that it has gained through the years. To suit the evolving needs and changing environment of the youth, the Sangguniang Kabataan needs to be reinvented.
Statement of the Problem
The Sangguniang Kabataan supposedly serves as the voice of the youth in the local government. It gives the youth the privilege to be represented and be involved in societal affairs. It is mandated in the Constitution that the youth should be part of national affairs. However, various arguments arise emphasizing that the Sangguniang Kabataan is ineffective and irrelevant. With this, the continuous existence of the Sangguniang Kabataan becomes highly questionable. Could reforms be enough? Should the SK be abolished? What youth organization should be established to conform to the provisions in the Constitution?
Scopes and Limitations
This study concentrates on the Sangguniang Kabataan at the barangay level. Although it would be interesting to view the operation of the SK at municipal, provincial and national level, the point of view at barangay level would suffice to weigh the grounds for SK abolition. Besides, the Sangguniang Kabataan at the barangay level is more accessible therefore it would be easier to relate to it.
The survey was conducted within the areas of Cavite and Manila due to its proximity. The schools chosen were University of the Philippines Manila, Polytechnic University of the Philippines Manila, De La Salle University Dasmariñas, University of Perpetual Help GMA, and Southern Luzon College.
Significance of the Study
One of the Sangguniang Kabataan’s Program of Action is the PROJECT Y.E.S. which stands for: (a) Youth Educational Services; (b) Youth Economic Employment; (c) Youth Environmental Services; (d) Youth Enrichment in Sports; (e) Youth Emergency Services; and (f) Youth Enrichment in Service (Singson, 2001). These are only few of the various functions of the Sangguniang Kabataan provided by the law.
The Sangguniang Kabataan was created for youth empowerment. The SK should be the representative of the youth in the local government. They should provide the youth with programs that would enhance their overall personality. However, a thorough analysis of the Sangguniang Kabataan would lead people to a question: is the Sangguniang Kabataan serving its purpose?
Legislators and local leaders say the SK is not. And, funny as it may seem, some of the youth themselves think that the SK is not functioning as it was designed to be.
This study aims to present the functions and duties of the Sangguniang Kabataan at barangay level. It aims to find out the reasons for the continuous calls for the abolition of the SK. And it intends to show what needs to be done in order to relive the spirit of youth representation.
Books, theses and online articles were used to give an overview about the functions of the Sangguniang Kabataan. These served as components for the backbone of the study because it acts as the basis for the grounds for SK abolition. Newspaper articles and online articles were also gathered to provide a roster of proposals for SK abolition as well as proposals aiming for SK reform. These articles were also used to juice up the arguments laid down to change the face of youth representation. An interview with former House Representative Gilbert Remulla was conducted to add credibility to the arguments presented in this research.
To restrain the research form being biased, a survey was also conducted to evaluate the position of the youth about the issue on Sangguniang Kabataan (Appendix A). There were 54 respondents from the University of the Philippines Manila, De La Salle University Dasmariñas, University of Perpetual Help GMA, Southern Luzon College and Polytechnic University of the Philippines. Their ages range from sixteen (16) to twenty (20).
It was the late President Ferdinand Marcos who conceived the idea to garnish the potentials of the youth. In the mid 70’s, at the height of the student activism, the New People’s Army and the secessionist movements in Muslim Mindanao, the Kabataang Barangay (KB) was formed. The aim was to propagate the Filipino ideology to counter the leftist, the moderate left and the rightist who nearly toppled down his regime (Gonzales, 1998).
After the Marcos era, the Kabataang Barangay was abolished. In 1991, the Local Government Code revived the youth organization. It became the Sangguniang Kabataan (SK) but its mandate is the same with that of Kabataang Barangay (Gonzales, 1998).
Direct provisions that relate to youth participation in governance are embodied in Book III, Chapter 8 of Republic Act 7160 or the Local Government Code of 1991 (Appendix B). It provides for the establishment of a Sangguniang Kabataan in every barangay. Based on the Local Government Code, the SK members are elected by the Katipunan ng mga Kabataan of every barangay which is comprised of virtually all citizens of the Philippines who are 15-21 of age for as long as they have been staying in a particular barangay for at least six (6) months and are duly registered in the list of Sangguniang Kabataan or in the official barangay list of the barangay secretary. However, Republic Act 9164 (Appendix C) has reduced the age coverage of SK from 15-21 years to 15 to below 18 years (NYC, 2004). The SK shall be composed of a chairman and seven (7) members. Then, a secretary and a treasurer shall be appointed by the chairman from the members (Singson, 2001).
The powers and functions of the Sangguniang Kabataan provided in the Local Government Code of 1991 are as follows:
(a) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the applicable provisions of this code;
(b) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the members;
(c) Hold fund-raising activities, the proceeds 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 activity fir which such activity has been held shall be first satisfied;
(d) Create such bodies or committees as it may deem necessary to effectively carry out its programs and activities;
(e) Submit annual and end-of-term reports to the Sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay;
(f) Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation;
(g) Coordinate with all appropriate national agency for the implementation of youth development projects and programs at the national level;
(h) Exercise such other powers and perform such other duties and functions as the sangguniang barangay may determine or delegate, or as may be prescribed by law or ordinance (Rodriguez, 2005).
Furthermore, SK units are entitled to ten percent of the annual budget of a barangay (Malaya, 2002).
The SK chairman shall have the same privileges enjoyed by other sangguniang barangay officials (Appendix D) subject to such requirements and limitations provided in the Local Government Code. During the incumbency of the SK officials, they shall be exempted from payment of matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The National Government shall reimburse said college or university the amount of tuition and matriculation fees provided, that, to qualify for the privilege, the said officials shall enroll in a state college or university within or nearest their area of jurisdiction (Rodriguez, 2005).
Given enough privileges, the SK officials are expected to fulfill their duties and responsibilities provided in the Local Government Code. However, several House Bills and Senate Bills were passed highlighting the SK being out of track. Furthermore, numerous local leaders back up such arguments. With this, there are two options perceived for the Sangguniang Kabataan: REFORM or ABOLITION.
There are various arguments for SK being dubbed as ineffective or irrelevant: (a) SK has exposed youth leaders to situations that makes them susceptible to dishonest practices in the handling of public funds due to absence or inadequacy of safeguards (Sunnex, 2007); (b) SK officials are non-performing or have insignificant contribution to the community; most of their projects are building sheds and signages, sports fests or paliga; (c) SK officials cannot perform their function as they have to attend school or SK officials have to cut schooling just to perform their functions (Cornelio, 2008); (d) Youth leaders are too young to participate in serious discussions of the local government; (e) SK elections have initiated the youth early into the ways of traditional politics because of the dirty tricks, vote-buying, kidnap-for-votes or kidnap-not-vote tactics and mudslinging employed by their relatives and parents, who are themselves politicians, and their political patrons (Cabreza, 2007); and (f) Political clans use the SK to perpetuate political dynasties (Sun Star, 2008).
In addition, some elected SK officials do not have enough knowledge on their function in the government as well as the youth (Singson, 2001). This dilemma might have rooted from the fact that the youth have minimal awareness on social and political issues. McCann-Erickson conducted a profiling of young people ranging 13-21 years old. The survey conducted in 2000 says that only 10 percent of the youth are concerned about politics in the country. Another study was conducted in 2001 by NFO-Trends, surveying children and youth with ages ranging from 7-21 years old. According to the study, there is low awareness, maybe even apathy, towards cultural values and national affairs among the youth (NYC, 2004).
In 2001, Sen. Loren Legarda introduced Senate Bill No. 1596 which calls for SK reforms. According to Sen. Legarda, the move is intended to strengthen the SK law and thus further allow the youth to maximize their potential, involvement and participation in their locality. Some of the amendments proposed are: (a) The SK shall be composed of citizens between 15 and 23 years old; (b) The SK chair shall appoint the secretary and treasurer with the concurrence of the SK members; (c) SK elective officials who are studying must be enrolled in a school located within or nearest the municipality where the SK is registered; and (d) The SK treasurer must prepare quarterly statement of income and expenditures and post this in a designated area. Other amendments have to do with privileges of SK officials, rules on succession and filling vacancies, and guidelines on the conduct of elections and disciplinary action, including removal from office (Inquirer, 2001).
In 2002, the League of Municipalities of the Philippines (LMP) said in a letter to House Representative Gilbert Remulla that the SK’s relevance in local governance has been made obsolete by reports of corruption among the SK leadership. There have been reports that some SK leaders have dipped their hands into the funds given to them. The LMP said it recognizes the importance of youth participation in governance but it does not see the SK fulfilling such mandates. The LMP proposed that, instead of the SK, youth representatives be appointed to the Sangguniang Bayan and Sangguniang Panlalawigan as ex-officio members. The youth representative shall not receive regular salary and benefits but shall only receive honorarium or allowance per session attendance basis (Malaya, 2002).
A public forum was held in Bagiuo in February 4, 2004 to call against the abolition of the Sangguniang Kabataan. The youth sector in Bagiuo joined the call against the abolition of the Sangguniang Kabataan saying that the SK plays a vital role in national recovery. Councilor Leonardo Bayan Jr. said that the sentiments of the youth sector are not always being heard because some youth leaders are hesitant to voice out their problem. Mayor Bernardo Vergara appealed to the SK chairmen and councilmen to help in the peace and order program of the city. Vice Mayor Tabanda said that a good form of government must have good governance, wherein everybody has a part. Thus, the youth must be consulted and included in the decision-making of the city officials. But she challenged the youth to speak out and ensure a strong political participation, particularly in decision-making policies (Escartin and Sacla, 2004).
An article was released in 2007 stating that most mayors from Pangasinan have agreed that the SK should be abolished. They said that SK officials could not provide their time between schoolwork and their responsibilities in SK. Mayor Guico said that SK leaders usually consult barangay chairs and whenever this happens, the SK officials are usually accompanied by their parents who dictate them on what to do. Ergo they cannot really decide on their own and cannot effectively represent the youth sector but the local government units are spending money for their salaries and benefits (Sotelo-Fuertes, 2007).
An online petition was released in 2007 which says no to abolition and yes to SK reformation. According to it, despite the many flaws of the present structure of SK, it is one of the most relevant youth participation in building a strong nation. The amendments proposed are: (a) The age bracket of the Katipunan ng Kabataan should be increased to 15-21 while the age qualification for SK officials should be 18-21; (b) Give some degree of fiscal autonomy to the SK; (c) Increase relevant training for the SK which focuses on their functions as SK officials; and (d) Provide provisions that will depoliticize the SK.
Incumbent Senate Minority Leader Aquilino Pimentel filed Senate Bill 2155 proposing the abolition of the SK elections because of the prevailing sentiment that the SK officials have neglected their duties. According to him, the SK has lost its usefulness as a mechanism to get you people involved in community development. He said that SK officials have neglected their duties because they are preoccupied with other things (Torregoza, 2008). However, Pimentel stressed in his Senate Bill that the SK will be dissolved but the youth will continue to be represented in the city, municipal and provincial councils. Youth representatives will be elected, like other government officials, during the regular local elections held every three years. Moreover, there was a proposal from some legislators and local government leaders to make the youth representatives in the sanggunian an appointive position and to authorize the mayor or governor to appoint such official. Nonetheless, Pimentel did not agree with such proposal because he believes that the youth of the local communities should decide on who should represent them. Besides, he said the tendency of the mayor or governor is to make partisan choices (Lopez, 2008).
Former House Representative Gilbert Remulla said in an interview that the reason for him filing a bill that calls for the abolition of the Sangguniang Kabataan is that the SK is a useless organization. When we have 15 to 18 year olds inside an arena with adults who have more than two horns in their heads, they get easily corrupted. It gives so much opportunity for the young aspiring leader to go wayward and that was not it was designed to be. Asked for a replacement, he suggests a parallel organization to formal government funded by the national government rather than the local government units. In that way, local leaders will not meddle with the projects of the youth sector (qtd Remulla, 2008).
Amidst the continuous debate over the existence of the Sangguniang Kabataan and despite the never ending arguments about the SK being ineffective, some SK officials had illuminated hope to the 17 year old youth organization.
One example is Councilor Allen Reodanga of Naga City. He urged his fellow SK officers to celebrate the Linggo ng Kabataan in every community. Furthermore, Councilor Reodanga conducted youth consultations to understand the present situation of the youth in Naga City. The outputs of these consultations shall be used in crafting the youth agenda of Naga City (NYC, 2004).
Another example is Councilor April Dayag of Davao City. When she found out that only 19 percent of Davao City’s forest is preserved, she initiated activities by tapping the SK to support the ecological environment. She said her fellow SK leaders realize that the efforts to protect the environment should involve the youth since they will eventually inherit the national patrimony (NYC, 2004).
One more example is Joshua Ybañez of Barangay Luz Cebu. His official role to lead the youth was hindered by is unfamiliarity with the tenets of governance. Fortunately, Ronnia Sab-a, a barangay administrator, served as his mentor. Sab-a tutored him in the complexities of governing. He also exposed Ybañez and his fellow SK councilors to expanded possibilities beyond the holding of summer sports fest for the youth. Through this, a tangible plan of action for Barangay Luz was fabricated by the Sangguniang Kabataan (NYC, 2004).
However, the number of these good youth leaders is relatively small compared to the population of the Sangguniang Kabataan officials. They are not enough to serve as tangible reasons for the government not to abolish the Sangguniang Kabataan for the SK has coated itself with dirt with its 17 years of existence.
The debate about the Sangguniang Kabataan goes on. Should it be abolished and replaced with another youth organization or could reforms be enough to strengthen it?
It was found out in the national SK study funded by UNICEF and spearheaded by DILG NBOO and NAPC Youth and Students Sector that the SKs need support and guidance for them to succeed. They need proper orientation on their functions and how to go about with them. They need trainings and capability building programs down at the grassroots level. Unfortunately, these needs have never been met. Thus, the reasons for the calls for abolition remain and just gained momentum (Cornelio, 2008).
To add, considering the proposed amendments for SK reform, it would require many changes to the mechanisms of the Sangguniang Kabataan. Therefore, an almost new youth organization will be created. If that is the case, then might as well abolish the SK and create a new vehicle for youth representation.
As provided in the Philippine Constitution, the state recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs (The 1987 Philippine Constitution). Bottom line is that youth representation in the local government deems to be necessary. Be it through the Sangguniang Kabataan or not, youth representation should be existent.
Findings and Conclusions
The Kabataang Barangay was formed during the reign of Marcos as a form of youth representation. Years after it was abolished, the Sangguniang Kabataan was created. Under the Local Government Code of 1991, SK officials shall be elected from a Katipunan ng Kabataan comprising the youth with ages 15-21. Through RA 9164, the age bracket was adjusted to 15-18. The primary aim of SK is to provide the youth a vehicle in which they could represent themselves and in which they could enhance their personalities.
Sadly, the youth does not seem to make the most out of the organization that was made for them. In a survey that was conducted, only 21 out of 54 respondents participated in the 2007 SK elections. This proves that the Sangguniang Kabataan is not able to garner much attention. Although 38 out of those 54 think that the Sangguniang Kabataan is effective in terms of youth representation, only 19 were able to give concrete examples of the projects of SK in their barangay. However, this is somewhat incoherent because the efficiency of an organization can be determined by seeing them in action. Thirty seven of them are not in favor of abolishing the Sangguniang Kabataan because they think that it is the only way that the youth can represent themselves. Most of them are not aware that the proposals for abolition offer an alternative way for the youth to represent themselves. When asked what alternatives would they suggest in case the Sangguniang Kabataan would be abolished, majority of them does not have something in mind though.
Through the years some politicians eye the Sangguniang Kabataan as an ineffective way for the youth to represent themselves. Several bills have been passed aiming for its reform or, most of the time, its abolition.
There are numerous arguments which support the continuing efforts for SK abolition or reform. One is that SK officials are still young and cannot handle the pressures in the political arena. They are susceptible to being corrupt because they can be easily manipulated by older people. At their age, they are still busy enjoying other things like school, gimmicks and outings, and, more often than not, politics is not included with those “other things”. It is also believed that SK officials still cannot provide good projects for the youth because they are still not profound in terms of decision making. Also, SK has been a way for the youth to get involved in dirty election tactics and nobody wanted that to happen. SK also serves as a medium for political dynasties to extend their reign up to that level.
The problems faced by the Sangguniang Kabataan were never denied by anyone for it is highly evident. However, some say that it is just a matter of dealing with the problem. Abolition is not the only way. The Sangguniang Kabataan could still be reformed. But in order to eradicate all the controversies enveloped with the SK’s existence, there should be a 180 degree turn – an overall make over. The age bracket should be adjusted in order to let older people participate in leadership. The government should give the SK fiscal autonomy for them to grow as an organization and be restrained from being involved with dirty politics. And there are still lots of amendments proposed for SK reform. If that is the case, then might as well abolish the SK and provide the youth with a new organization that could cater their needs.
Maybe the reason for the negation of people from the proposals for abolition is that it sounds very pessimistic. Abolition which means closure, eradication, elimination plus the fact that the Sangguniang Kabataan is the only youth representation to the local government equals a conclusion that youth representation would be demolished. In fact that was the reason given by some survey respondents when asked why they are not in favor in abolishing the Sangguniang Kabataan. But that is not the case. The proposals for SK abolition offer an alternative way in which the youth can represent themselves. Their right, as mandated by the Constitution, will not be overshadowed when one of these bills are enacted. When the Sangguniang Kabataan is abolished, a new youth sector would be created - an organization parallel to the Sangguniang Kabataan but totally different; an organization that would prevent the youth from being involved in the dirty ways of politics; an organization that would better suit the needs of the youth in general.
There are two options given by legislators to conceal the problems faced by the Sangguniang Kabataan. One is reform and the other is abolition. Reform would not be enough considering the facts laid down in this research. The reputation of the Sangguniang Kabataan had been covered with filth and cleaning it up would still leave some smudges. The Sangguniang Kabataan should be subjected to change. Actually, it should not be subjected to “change” per se but rather to an evolution – an evolution that aims for the betterment of the youth sector and not just the youth sector alone but also with all the other sectors that coincide with its existence.
The youth needs a new facet of representation. They need a new rendezvous of thoughts and actions. Over time the Sangguniang Kabataan was proven ineffective but not unnecessary. Therefore, a new youth organization must be created to provide for the needs of the youth. An organization with a similar structure to that of the Sangguniang Kabataan but with a different mode of clockwork should be made. This is not abolition but rather a reinvention of youth representation.
A Letter to Philippine Congress, the Youth, and Local Government Officials.
Cabreza, Vincent. “Student governments urge abolition of ‘non-performing’ SK.” Philippine Daily Inquirer. September 5, 2007 <>
Chan Robles Virtual Law Library. The Local Government Code of 1991
Cornelio, Marlon. Amidst Mounting Call for Abolition, SK Should Start Working Good!, Position Paper, 2008
Escartin, Violeta and Sacla, Rose Narie. City youth join call against SK abolition. Sun Star Bagiuo. February 10, 2004
Gonzales, Florante D. The Sangguninag Kabataan Re-examined, Thesis, National Defense College of the Philippines, 1998
Lopez, J.P. “SK abolition sought.” Malaya. April 14, 2008 p. A2
National Youth Commission. National Assessment: Youth Attributes, Participation and Service-Providers. 2004
Remulla, Gilbert. Personal Interview. October 5, 2008
Rodriguez, Rufus B. Barangay and SK: Election Laws, Rules of Procedure and Cases. Mandaluyong City: National Bookstore, 2005.
Singson, Jose Florante F. The Primary Role of the Sangguniang Kabataan in Youth Representation in Local Governance under the Barangay Level, Thesis, National College of Business and Arts, 2001
Sotelo-Fuertes, Yolanda. “Mayors call back for SK abolition.” Philippine Daily Inquirer. September 7, 2007,
______________. “Editorials: SK Aboltion and Alternatives”. Sun Star Cebu. April 15, 2008
Sunnex. Legislators mull SK abolition. Sun Star Manila. October 30, 2007
The 1987 Philippine Constitution
Torregoza, Hannah L. “Pimentel wants sangguniang kabataan abolished”. Manila Bulletin. April 14, 2008 p. 12
_____________. “Local leaders back SK abolition.” Malaya. June 13, 2002 p. 6
_____________. “Legarda proposes SK reforms.” Philippine Daily Inquirer. December 21, 2001 p. 26
Survey: 54 respondents from De La Salle University Dasmariñas, University of Perpetual Help GMA, University of the Philippines Manila, Southern Luzon College, and Polytechnic University of the Philippines
Did you participate in the 2007 SK elections? 21 33
Do you think the SK is effective in terms of youth representation? 38 16
Do you think it is ok to abolish the SK? 17 37
What are the projects of SK in your barangay? 19 35
Are you aware of bills that propose SK abolition? 14 40
RA 7160 or The Local Government Code of 1991 Book III Chapter 8
CHAPTER 8 - SANGGUNIANG KABATAAN
SEC. 423. Creation and Election. - (a) There shall be in every barangay a sangguniang kabataan to be composed of a chairman, seven (7) members, a secretary, and a treasurer.
(b) A sangguniang kabataan official who, during his term of office, shall have passed the age of twenty-one (21) years shall be allowed to serve the remaining portion of the term for which he was elected.
SEC. 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not more than twenty-one (21) years of age, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.
SEC. 425. Meetings of the Katipunan ng Kabataan. - The katipunan ng kabataan shall meet at least once every three (3) months, or at the call of the chairman 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 .
SEC. 426. Powers and Functions of the Sangguniang Kabataan. - The sangguniang kabataan shall:
(a) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the applicable provisions of this Code;
(b) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the members;
(c) Hold fund-raising activities, 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;
(d) Create such bodies or committees as it may deem necessary to effectively carry out its programs and activities;
(e) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay ;
(f) Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation;
(g) Coordinate with the appropriate national agency for the implementation of youth development projects and programs at the national level;
(h) Exercise such other powers and perform such other duties and functions as the sangguniang barangay may determine or delegate; and
(i) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
SEC. 427. Meetings of the Sangguniang kabataan. - 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 sangguniang kabataan chairman or any three (3) of its members by giving written notice to all members of the date, time, place, and agenda of the meeting at least one (1) day in advance. Notices of regular or special meetings shall be furnished the punong barangay and the sangguniang barangay . A majority of the members of the sangguniang kabataan shall constitute a quorum.
SEC. 428. Qualifications. - An elective 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 at least one (1) year immediately prior to election, at least fifteen (15) years but not more than twenty-one (21) years of age on the day of his election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude.
SEC. 429. Term of Office. - The sangguniang kabataan chairman and members shall hold office for a period of three (3) years, unless sooner removed for cause as provided by law, permanently incapacitated, die or resign from office.
SEC. 430. Sangguniang Kabataan Chairman. - The registered voters of the katipunan ng kabataan shall elect the chairman of the sangguniang kabataan who shall automatically serve as an ex-officio member of the sangguniang barangay upon his assumption to office. As such, 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 chairman of the committee on youth and sports development in the said sanggunian.
SEC. 431. Powers and Duties of the Sangguniang Kabataan Chairman. - In addition to the duties which may be assigned to him by the sangguniang barangay, the sangguniang kabataan chairman shall:
(a) Call and preside over all meetings of the katipunan ng kabataan and the sangguniang kabataan;
(b) Implement policies, programs, and projects within his jurisdiction in coordination with the sangguniang barangay ;
(c) Exercise general supervision over the affairs and activities of the sangguniang kabataan and the official conduct of its members, and such other officers of the sangguniang kabataan within his jurisdiction;
(d) With the concurrence of the sangguniang kabataan, appoint from among the members of the sangguniang kabataan, the secretary and treasurer, and such other officers as may be deemed necessary; and
(e) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
SEC. 432. Sangguniang Kabataan Secretary. - The sangguniang kabataan secretary shall :
(a) Keep all records of the katipunan ng kabataan and sangguniang kabataan;
(b) Prepare and keep the minutes of all meetings of the katipunan ng kabataan and sangguniang kabataan;
(c) Prepare all forms necessary for the conduct of registrations, elections, initiatives, referenda, or plebiscites, in coordination with the barangay secretary and the Comelec; and
(d) Perform such other duties and discharge such other functions as the chairman of the sangguniang kabataan may prescribe or direct.
SEC. 433. Sangguniang Kabataan Treasurer. - The sangguniang kabataan treasurer shall:
(a) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or municipal treasurer;
(b) Collect and receive contributions, monies, materials, and all other resources intended for the sangguniang kabataan and katipunan ng kabataan;
(c) Disburse funds in accordance with an approved budget of the sangguniang kabataan;
(d) Certify to the availability of 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 month; and
(f) Perform such other duties and discharge such other functions as the chairman of the
SEC. 434. Privileges of Sangguniang Kabataan Officials. - The sangguniang kabataan chairman shall have the same privileges enjoyed by othersangguniang barangay officials under this Code subject to such requirements and limitations provided herein. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The national government shall reimburse said college or university the amount of the tuition and matriculation fees: Provided, That, to qualify for the privilege, the said officials shall enroll in the state college or university within or nearest their area of jurisdiction.
SEC. 435. Succession and Filling of Vacancies. - (a) In case a sangguniang kabataan chairman refuses to assume office, fails to qualify, is convicted of a felony, voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three (3) consecutive months, the sangguniang kabataan member who obtained the next highest number of votes in the election immediately preceding shall assume the office of the chairman for the unexpired portion of the term, and shall discharge the powers and duties, and enjoy the rights and privileges appurtenant to the office. In case the said member refuses to assume the position or fails to qualify, the sanggunian member obtaining the next highest number of votes shall assume the position of the chairman for the unexpired portion of the term.
(b) Where two (2) or more sangguniang kabataan members obtained the same next highest number of votes, the other sangguniang kabataan members shall conduct an election to choose the successor to the chairman from among the said members.
(c) After the vacancy shall have been filled, the sangguniang kabataan chairman shall call a special election to complete the membership of said sanggunian. Such sangguniang kabataan member shall hold office for the unexpired portion of the term of the vacant seat.
(d) In case of suspension of the sangguniang kabataan chairman, the successor, as determined in subsections (a) and (b) of this Section shall assume the position during the period of such suspension.
REPUBLIC ACT NO. 9164 March 19, 2002
AN ACT PROVIDING FOR SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Date of Election. There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October and every three (3) years thereafter.
Section 2. Term of Office. The term of office of all barangay and sangguniang kabataan officials after the effectivity of this Act shall be three (3) years.
No barangay elective official shall serve for more than three (3) consecutive terms in the same position: Provided, however, That the term of office shall be reckoned from the 1994 barangay elections. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.
Section 3. Registration. For purposes of the July 15, 2002 synchronized barangay and sangguniang kabataan elections provided under this Act, a special registration of voters for the sangguniang kabataan shall be fixed by the Commission on Elections (COMELEC). Subsequent registration of barangay and sangguniang kabataan voters shall be governed by Republic Act No. 8189.
Section 4. Assumption of Office. The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August 15, 2002. The term of office of the barangay and sangguniang kabataan officials elected in subsequent elections shall commence at noon of November 30 next following their election.
Section 5. Hold Over. All incumbent barangay officials and sangguniang kabataan officials shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified. The provisions of the Omnibus Election Code relative to the failure of elections and special elections are hereby reiterated in this Act.
Section 6. Section 424 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:
"Sec. 424. Katipunan ng Kabataan. The katipunan ng kabataan shall be composed of Filipino citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years of age on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary."
Section 7. Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:
"Sec. 428. Qualifications. An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude."
Section 8. Appropriation. The amount of one billion one hundred million pesos (P1,100,000,000.00) needed for the purpose shall be charged from the appropriation of the COMELEC authorized under Republic Act No. 9162, otherwise known as the FY 2002 General Appropriations Act.
In addition, the savings of the COMELEC not exceeding three hundred million pesos (P300,000,000.00) shall be used to augment said appropriations as authorized under COMELEC Special Provision No. 2 of the Republic Act No. 9162.
The funds mentioned above may be augmented by an amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532 (c) of Republic Act No. 7160.
Section 9. Applicability of Other Election Laws. The Omnibus Election Code and other existing election laws, as far as practicable, shall apply to barangay and sangguniang kabataan elections.
Section 10. Implementing Rules and Regulations. The COMELEC shall promulgate such rules and regulations necessary to implement this Act.
Section 11. Separability Clause If any provision of this Act is declared unconstitutional or invalid, such sections or parts not affected thereby shall remain in full force and effect.
Section 12. Repealing Clause. All decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 13. Effectivity Clause. This Act shall take effect seven (7) days after its complete publication in two (2) newspapers of general circulation.
Privileges of Sangguniang Barangay members
SEC. 393. Benefits of Barangay Officials. - (a) Barangay officials, including barangay tanods and members of the lupong tagapamayapa, shall receive honoraria, allowances, and such other emoluments as may be authorized by law or barangay, municipal or city ordinance in accordance with the provisions of this Code, but in no case shall it be less than One thousand pesos (P=1,000.00) per month for the punong barangay and Six hundred pesos (P=600.00) per month for the sangguniang barangay members, barangay treasurer, and barangay secretary: Provided, however, That the annual appropriations for personal services shall be subject to the budgetary limitations prescribed under Title Five, Book II of this Code;
(b) The punong barangay, the sangguniang barangay members, the barangay treasurer, and the barangay secretary shall also:
(1) Be entitled to Christmas bonus of at least One thousand pesos (P=1,000.00) each, the funds for which shall be taken from the general fund of the barangay or from such other funds appropriated by the national government for the purpose;
(2) Be entitled, during their incumbency, to insurance coverage which shall include, but shall not be limited to temporary and permanent disability, double indemnity, accident insurance, death and burial benefits, in accordance with Republic Act Numbered Sixty-nine hundred forty-two (R.A. No. 6942), entitled "An Act Increasing the Insurance Benefits of Local Government Officials and Providing Funds Therefor";
(3) Be entitled to free medical care including subsistence, medicines, and medical attendance in any government hospital or institution: Provided, That such hospital care shall include surgery or surgical expenses, medicines, X-rays, laboratory fees, and other hospital expenses;
In case of extreme urgency where there is no available government hospital or institution, the barangay official concerned may submit himself for immediate medical attendance to the nearest private clinic, hospital or institution and the expenses not exceeding Five thousand pesos (P=5,000.00) that may be incurred therein shall be chargeable against the funds of the barangay concerned;
(4) Be exempted during their incumbency from paying tuition and matriculation fees for their legitimate dependent children attending state colleges or universities. He may likewise avail of such educational benefits in a state college or university located within the province or city to which the barangay belongs; and
(5) Be entitled to appropriate civil service eligibility on the basis of the number of years of service to the barangay, pursuant to the rules and regulations issued by the Civil Service Commission.
(c) Elective barangay officials shall have preference in appointments to any government position or in any government-owned or -controlled corporations, including their subsidiaries, after their tenure of office, subject to the requisite qualifications and the provisions of the immediately preceding paragraph.
(d) All duly appointed members of the barangay tanod brigades, or their equivalent, which shall number not more than twenty (20) in each barangay, shall be granted insurance or other benefits during their incumbency, chargeable to the barangay or the city or municipal government to which the barangay belongs.