PROPOSED SK REFORM BILL

AN ACT STRENGTHENING AND
REFORMING THE SANGGUNIANG KABATAAN AMENDING FOR THAT PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 AND
REPUBLIC ACT NO. 9340 RESETTING THE BARANGAY AND SK ELECTIONS AND FOR OTHER
PURPOSES

Section 1. Title – This act shall be known as the Sangguniang
Kabataan Reform Act of 2007.

Section 2. Barangay Funds. Section 329
of Republic Act No. 7160 is hereby amended to read as follows:

Section 329. Barangay Funds. All 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 Title. Ten percent (10%) of the general
fund of the barangay shall be set aside for the Sangguniang Kabataan (SK). THE
SANGGUNIANG BARANGAY SHALL APPROPRIATE THE SANGGUNIANG KABATAAN FUND IN LUMP
SUM. THE SANGGUNIANG KABATAAN SHALL HAVE FISCAL AUTONOMY IN ITS OPERATIONS AS
TO DISBURSEMENTS AND ENCASHMENT OF THEIR INCOME AND EXPENSES.

Section 3. PROCEDURE FOR REVIEWING OF
SK BUDGETS:

A.
Procedure for reviewing of Sangguniang Kabataan Budgets:

1. All SK Budgets shall be
approved by a majority of all the members of the Sangguniang
Kabataan based on the Annual Barangay
Youth Development Plan (ABYDP) formulated in consultation with the Katipunan ng Kabataan
(KK). The SK Chairperson shall furnish the Sangguniang
Barangay and the higher SK Federation a copy of the
ABYDP stated in this paragraph for their information and guidance;

2. All SK Budgets, with attached
minutes of the KK Assembly approving the Annual Barangay
Youth Development Plan, shall be submitted to the SK City/Municipal Local
Executive Committee (LEC) on or before the last working day of October of every
year. The SK City/Municipal Local Executive Committee shall review for approval
and deliberate on the budget in a regular or special session whether the same
conforms to the ABYDP, before the last working day of November. The LEC shall
see to it that the appropriations are based on the approved ABYDP and that at
least two (2) of the priority concerns namely environment, livelihood,
education, capability-building¸ moral recovery and anti-drug abuse
campaign are allocated in the SK budget. All approved budgets shall be
certified as approved by the SK City/Municipal President as the case may be;

3. Any SK Chairperson who fails to
submit the SK Budget together with the attachments found in the preceding
paragraph shall be subject to
proper investigation and appropriate disciplinary action to be
determined by their respective SK LEC
in accordance with the SK Constitution and By-Laws;

4. No SK Budget can be utilized by
the SK concerned, without the appropriate certification from the SK Federation
President with the concurrence of the SK City/Municipal Local Executive
Committee;

5. All Realignments in the Barangay SK Budgets shall be reviewed for approval and be
deliberated in the same manner in paragraph 2.

B.
ALLOCATION OF SK BUDGET

THERE SHALL
BE NO MANDATORY ALLOCATIONS FOR THE BARANGAY SK FUNDS, EXCEPT FOR THE TWO (2%)
PERCENT ANNUAL DUES FOR THE HIGHER FEDERATIONS, PROVIDED THAT ALL THE
APPROPRIATIONS ARE SUPPORTED BY ITS ANNUAL BARANGAY YOUTH DEVELOPMENT PLAN
(ABYDP) AND THAT THE PRIORITY CONCERNS ARE PROPERLY ALLOCATED.

Section 4. Creation
and Election. Section 423 of Republic Act No.   7160 is hereby amended to read as
follows:

Section 423. Creation and Election – (a) There shall be in every barangay a Sangguniang Kabataan to be composed of a CHAIRPERSON, seven (7) members
AS KAGAWAD, a secretary and a treasurer. THE SECRETARY AND TREASURER SHALL BE
APPOINTED BY THE SK CHAIRPERSON FROM THE KAGAWADS WITH THE CONCURRENCE OF THE
MAJORITY OF THE SK MEMBERS.

(b) x x x

Section 5. Katipunan
ng Kabataan – Section
424 of Republic Act No. 7160 is hereby amended to read as follows:

Section 424. Katipunan ng Kabataan – The Katipunan ng Kabataan shall be composed of
all citizens of the Philippines actually residing in the barangays
for at least six (6) months, who are at least fifteen (15) but not more than
TWENTY-ONE (21) years of age, and who are registered in the list of the Sangguniang Kabataan (SK)
Secretary or in the official list of the Barangay
Secretary.

Section 6. Qualifications –
Section 428 of Republic Act No. 7160 is herby amended to read as follows:

Section 428. Qualification –

(a) 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 the election, AT LEAST EIGHTEEN
(18) 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.

(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.

Section 7. Sangguniang Kabataan
Treasurer. Section 433 of Republic Act No. 7160 is hereby amended to
read as follows:

Section 433. Sangguniang
Kabataan Treasurer – x x

(a) Take
custody of all Sangguniang Kabataan
property and funds, THE LATTER TO BE DEPOSITED IN A BANK PREFERABLY
GOVERNMENT-OWNED, SITUATED IN OR NEAREST TO ITS AREA OF JURISDICTION, IN THE NAME OF THE SK CONCERNED or to be deposited to the
city or municipal treasurer

(b) x x x

(c) x x x

(d) x x x

(e) Submit
to the SK and Sangguniang Barangay
certified and detailed statements of actual income and expenditures AT THE END
OF EVERY QUARTER AND THE SAME SHALL BE PUBLISHED OR POSTED IN THREE CONSPICUOUS
SPACES WITHIN THE BARANGAY; and

(f) x x x

Section 8. Privileges of Sangguniang Kabataan Officials
– Section 434 of Republic Act No. 7160 is hereby amended to read as
follows:

Section 434
– Privileges of Sangguniang Kabataan
Officials – x x x

(a.)  The SK Chairperson  shall have the same privileges
xxx

(b.) ALL
SK’S SHALL BE EXEMPTED FROM TAKING UP NATIONAL SERVICE TRAINING PROGRAM
– CIVIC WELFARE TRAINING SERVICE (NSTP-CWTS) subjects

(c.) THE SK
CHAIRPERSON SHALL BE CONSIDERED A PERSON IN AUTHORITY AS DEFINED BY LAW IN
CONNECTION WITH THE ACTUAL DISCHARGE OF HIS OFFICIAL FUNCTIONS AS SUCH.

(d.) THE SK
KAGAWAD SHALL BE CONSIDERED AS AN AGENT OF PERSON IN AUTHORITY AS DEFINED BY
LAW IN CONNECTION WITH THE ACTUAL DISCHARGE OF HIS OFFICIAL FUNCTIONS AS SUCH.

Section 9. Succession and Filling of
Vacancies – Section 435 of Republic Act No. 7160 is hereby amended to
read as follows:

Section 435. Succession and Filling of Vacancies –
(a.) In case a SK Chairperson refuses to assume office, fails to
qualify, is convicted of a felony, voluntarily resigns, dies, is permanently
incapacitated and is removed from office, the SK member who obtained the next
highest number of votes in the election immediately preceding shall assume the
office of the chairperson for the unexpired portion of 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 SK member who obtained the next highest
number of votes shall assume the position of the chairperson for the unexpired
portion of the term.

(b.) x x x

(c.) x x x

(d). x x x

(e.) In
case a Sangguniang Kabataan
Chairperson has been absent without leave for more than three (3) consecutive
months as manifested in the records of the Sangguniang
Barangay sessions or has been absent without valid
reason for two (2) consecutive regular meetings of the SK or for failure to
call a regular meeting of the SK and/or of the KK for at least two (2)
consecutive times, such SK Chairperson shall be investigated by a committee to
be formed by the SK Federation. Such committee will report to the SK Federation
with its observations, comments and recommendations. The approved committee
report will be forwarded to the SK Federation for appropriate action or
disciplinary action to be given to the concerned SK Chairperson. The DILG
director of the concerned local government unit should be furnished a copy of
the appropriate disciplinary action before its effectivity.
Such decision can be appealed in the provincial federation in the case of SK Pambayang Pederasyon and to the
National Executive Board (NEB) in the case of highly urbanized cities (HUCs) and independent component cities (ICCs).

(f.) In
case of vacancy in the positions of the SK Kagawads,
the SK Chairperson shall submit, in consultation with the KK of the barangay concerned, a list of at least three (3) nominees
per vacancy to the president of the panlungsod/pambayang
pederasyon ng SK as the
case may be within sixty (60) days from the existence of the vacancy, and
likewise, mandating the president of the panlungsod/pambayang
pederasyon ng mga SK to act on the submitted list within ten (10) days
from receipt hereof.

In the
absence of a regular elected SK Chairperson and Kagawads,
the president of the panlungsod/pambayang pederasyon ng mga
SK, as the case may be, should submit at least three (3) nominees for every
position in consultation with the KK of the barangay
concerned, to the president of the panlalawigang pederasyon ng mga
SK who should act on the list within ten (10) days from receipt hereof.

In the case
of HUC’s, the federation president should
likewise submit at least three (3) nominees for every position, also with
consultation of the KK of the barangay concerned, to
the SK National Federation President who should also act on the list within ten
(10) days from receipt hereof. In case of delay or postponement of federation
elections, the days equivalent to the days of
postponement/delay before its final commencement shall be added to the days
during which the respective president should act on the matters herein stated.

(g.) The
president of the SK Pederasyon who shall be elected
as the SK Regional Director in the Pambansang Pederasyon ng mga
SK shall serve as an ex-officio member of the Regional Development Council and
the Regional Tourism Council without need of further appointment and shall have
the same powers and discharge the same duties and functions, and enjoy the same
privileges as regular members.

Section 10.
Section 436 of Republic Act No. 7160 is hereby amended to read as follows:

Section 436. Pederasyon ng
mga Sanguniang Kabataan

(a.)  x x x

(b.)  x x x

(c.)  x x x

(d.) The SK
Chairperson who is elected as Federation President shall automatically serve as
an ex-officio member of the local sanggunian and
special bodies, such as but not limited to, the Local Health Board, Peace and
Order Council, Local Development Council, Local School Board and Local Tourism
Council. As such, he shall have the same powers, discharge the same duties and
functions, and enjoy the same privileges as the regular members of these
special bodies.

(e.) The Pederasyon ng mga
Sangguniang Kabataan at the
City, Municipality and Provincial level shall have an automatic allocation of
one (1%) percent of the internal revenue allotment of the local government unit
concerned to be used for the programs, projects and operations of the SK
federation.

(f.) The
president of the pambansang pederasyon
ng mga SK shall serve as
ex-officio commissioner of the National Youth Commission as provided for by Republic
Act No. 8044. As ex-officio commissioner, he shall be entitled to the same
rank, compensation, rights and privileges of a department assistant secretary.

(g.) The pambansang pederasyon ng SK shall maintain its own secretariat for efficient
coordination and effective implementation of its programs.

(h.) The pambansang pederasyon ng SK shall be independent of all government offices and
agencies in its operations. It shall develop active lines of coordination and
communication with the different government offices and agencies and shall be
solely responsible for all its policies and operations. At the end of each
calendar year, it shall submit to the President of the Philippines, through the
Department of Interior and Local Government, an annual report of programs and
activities, including a financial statement of all its funds and disbursements.
The Pambansang Pederasyon
President is the one responsible for the submission of the annual report of
programs and activities. The Pambansang Pederasyon President together with the Pambansang
Pederasyon Treasurer are the ones responsible for the
submission of the financial statement of all its funds and disbursements.

(i.) The Pambansang Pederasyon ng SK is hereby
authorized to receive donations, requests, grants and funds from other
sources¸ subject to the pertinent provisions of law and approval of the
National Executive Board (NEB).

(j.) The pambansang pederasyon ng SK shall be exempted from all forms of taxation or other
impositions, and shall be free from all duties and all other imposts on any
equipment, articles or goods necessary for its operations.

Section 11.
Section 439 of Republic Act No. 7160 is hereby amended to read as follows:

Section
439. Observance of Buwan ng
Kabataan –

(a.) Every barangay, municipality, city and province shall, in
coordination with the pederasyon ng
mga Sangguniang Kabataan at all levels, conduct an annual activity to be
known as the Buwan ng Kabataan every May of every year. Non-compliance of
SK’s at all level with this provision would mean an imposition of
disciplinary to be determined by the SK Federation in ACCORDANCE with the SK
Constitution and By-Laws.

(b.) x x x

Section 12.
Section 1 of Republic Act 9340 is hereby amended in order to read as follows:

Section 1. Date of Election.
– xxx Subsequent barangay elections shall be
held on the last Monday of October 2007 and every three (3) years thereafter. Sangguniang Kabataan Elections
shall be held on the second Saturday of April 2008 and every three (3) years
thereafter.

Section 13.
Section 2 of Republic Act 9340 is hereby amended in order to read as follows:

Section 2. Assumption of Office – xxx The term of office of the barangay officials elected in the October 2007 election and
subsequent elections shall commence at noon of November 30 next following their
election. The term of office of the Sangguniang Kabataan officials elected in the April 2008 election and
subsequent elections shall commence at noon of May 15 next following their
election.

Section 14.
Registration – For purposes of the April 2008 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 sangguniang kabataan voters shall be governed by Republic Act No. 8189.
The system of continuing registration provided under section 8 of Republic Act
No. 8189 shall also apply to the registration of the Katipunan
ng Kabataan members.

Section 15.
Constitution and By-Laws – The term of office, manner of election,
removal, filling up of vacancies, suspension and disciplinary action of the
officers and members of the Pederasyon ng mga SK at all levels, and the
procedure of reviewing and allocating SK budgets, shall be exclusively governed
by the Constitution and By-laws of the SK promulgated and ratified by the SK
National Federation. Provided, that provisions of such Constitution and By-laws
are in line with the provisions of this Code and other national laws and
policies of the youth.

Provided
that the Chairman/President of the SK or Pederasyon ng mga SK at any level, who is
suspended or removed from his/her position in accordance with the SK
constitution and by-laws and as provided for in the local government code and
other applicable laws shall also be deemed suspended or removed in the local sanggunian where he sits as an ex-officio member.

The Chairman/President of the Pederasyon at
any level, or the SK Chairperson when removed as ex-officio member of the sanggunian on the grounds provided in the Local Government
Code, shall be automatically removed as Chairperson/President of the Pederasyon concerned.

Section 16.
Appropriations. – The amount necessary for the implementation of this Act
shall be incorporated in the Annual General Appropriations Act.

Section 17.
Separability Clause – If any section or
provision of this Act shall be declared unconstitutional, the remaining
sections or provisions shall not be affected thereby.

Section 18.
Repealing Clause – All laws, presidential decrees, executive orders,
letters of instruction, rules and regulations which are inconsistent with any
of the provisions of this Act are hereby repealed or modified accordingly.

Section 19.
Effectivity Clause – This Act shall take effect
fifteen (15) days after the completion of its publication in the Official
Gazette or in any newspaper of general circulation.