IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 10632, ALSO KNOWN AS “AN ACT TO POSTPONE THE SANGGUNIANG KABATAAN ELECTIONS ON OCTOBER 28, 2013, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9340, AND FOR OTHER PURPOSES”
Pursuant to Republic Act No. 10632 entitled “An Act to Postpone the Sangguniang Kabataan Elections on October 28, 2013, Amending for the Purpose Republic Act No. 9340 and for Other Purposes”, the following Implementing Rules and Regulations (IRR) are hereby issued:
SECTION 1. Declaration of Policy. – It is hereby declared that the State recognizes the vital role of the youth in nation building and shall protect their physical, moral, spiritual, intellectual and social well-being and inculcate in them patriotism and encourage their active participation in public and civic affairs (Art. II, Sec. 13 of the 1987 Phil. Constitution)
DATE OF ELECTION
SECTION 1. Date of Election. – There shall be synchronized barangay and sangguniang kabataan (SK) 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 2007 and every three (3) years thereafter.
The SK elections on October 28, 2013 shall be postponed to a date to be determined by the COMELEC between October 28, 2014 and February 23, 2015.
TERM OF OFFICE
SECTION 1. No Hold Over. – All incumbent SK Chairmen and SK Members shall only remain in office until their term expires at noon of November 30, 2013.
SECTION 2. Ex-officio Members of the Sanggunians. – All SK chairmen who are ex-officio members of the sangguniang barangay, sangguniang bayan, sangguniang panlungsod or sangguniang panlalawigan, as the case may be, shall cease to serve in such capacity after the expiration of their respective terms as SK officials.
SECTION 1. No Appointment. – The SK positions shall remain vacant until the new set of officials have been duly elected and qualified. No appointments shall be made to the vacated positions.
SANGGUNIANG KABATAAN FUNDS
SECTION 1. The Use of the SK Funds. – The 10% of the general fund of the barangay allocated for SK shall be used by the sangguniang barangay solely for youth development programs or projects until the new set of SK officials have been duly elected and qualified.
SECTION 2. Allocation of SK Funds. – The SK funds shall be allocated as follows:
a) Youth Development Programs and Projects such as, but not limited to:
• Leadership Training/Youth Camp Program
• Employability Skills Training
• Value Formation, Citizenship/Nation-Building Seminar
- Health Services and Adolescent Reproductive Health Program
- Out of School Youth Programs
- Socio-Cultural and Sports Development
- Disaster Preparedness and Climate Change Adaptation
- Other similar youth-related development programs and projects
b) Conduct of SK Elections -10% but not less than Ten Thousand (Php10,000) Pesos shall be reserved in the event that SK election will be conducted.
SECTION 3. Posting. – The Youth Development Plan and Budget and the report on Disbursements/Expenses shall be posted on the bulletin board in the barangay hall, in three (3) conspicuous places or public places in the barangay and on the official barangay website (if available).
SECTION 4. Reporting. – The first semester accomplishment report on the utilization of SK funds shall be submitted not later than July 15, 2014 and the annual report shall be submitted not later than January 15, 2015 to the DILG, copy furnished the National Youth Commission (NYC).
COMMITTEE AND TASK FORGE
SECTION 1. Chairperson of the Youth and Sports Development Committee.– The sangguniang barangay member who is elected as chairperson of the Committee on Women and Family shall also be the chairperson of the Committee on Youth and Sports Development.
The chairperson shall oversee the implementation of the Youth and Sports Development Programs and Projects.
SECTION 2. Task Force on Youth Development. – There shall be a Task Force on Youth Development in every barangay nationwide composed of the Chairperson of the Youth and Sports Development Committee and eight (8) members nominated by the Katipunan ng Kabataan and other youth organizations operating within the barangay. The eight members shall be designated through a resolution of the sangguniang barangay, and shall have the following qualifications:
(a) At least 15 years of age, but not more than 17 years of age, at the date of their designation as members of the Task Force;
(b) Should be of good moral character;
(c) A resident of the barangay for at least six (6) months before the date of the appointment; and
(d) Should not be related within the fourth (4th) degree of consanguinity and affinity to the officials of the sangguniang barangay which he/she shall be appointed.
Before the Task Force is constituted, the names of all nominees shall be posted for three (3) consecutive days in the bulletin board of the barangay hall, upon which the sangguniang barangay may receive feedback on issues and concerns relating to the nominees. The said posted list shall also include a notice of the date, place and time of a hearing to be conducted by the sangguniang barangay, to be presided by the Chairperson of the Youth and Sports Development Committee, to determine capability and compliance with the qualifications of the listed nominees. After the hearing, the Chairperson of the Youth and Sports Development Committee shall recommend to the sangguniang barangay the eight (8) members of the Task Force from the list of nominees submitted, in such a manner that their composition is truly representative of all the existing youth sectors in the barangay; provided, that if there be nominees who are found to be disqualified which results to the insufficiency in the number to be appointed (less than eight), additional nominees may be submitted, to undergo the same requirements of posting and hearing. If there be no additional nominees that are qualified, the number of youth members for the Task Force shall be reduced accordingly, but in no case shall it be less than four (4) youth members.
The Task Force shall be organized in every barangay within thirty (30) days from the effectivity of these Implementing Rules.
The Task Force is mandated to formulate a Youth Development Plan and ensure that programs and projects in the Plan are implemented in the barangay and that SK funds are utilized solely for youth development.
SECTION 3. Integration of Youth Development Plan to the Barangay Development Plan and Budget. – The Youth Development Plan shall be submitted to the sangguniang barangay for review and adoption in order to integrate the Youth Development Plan to the Barangay Development Plan. The Leadership and Employability Skills Training shall likewise be included in the Capacity Development (CapDev) Agenda of the Barangay.
FORMULATION AND SUBMISSION OF YOUTH DEVELOPMENT PLAN AND BUDGET
SECTION 1. Procedures.
- The Task Force shall prepare an SK Budget/development plan for one fiscal year containing its programs, activities and projects, incorporating therein the corresponding fund requirements for the said undertaking. The Youth Development Plan (YDP) shall serve as the mother document and basis of the Youth Development Budget.
- The Task Force submits the plan and budget to the Punong Barangay or Appropriations Committee of the Sangguniang Barangay.
- The Punong Barangay or Appropriations Committee of the Sangguniang Barangay reviews Youth Development Plan for inclusion in the over-all Barangay Development Plan.
- The Punong Barangay, in the exercise of his supervisory function over the Task Force, may ask clarification or suggest/advise adjustments to improve the YDP.
- The Barangay Appropriations Committee includes the Youth Development Plan and Budget in the Barangay Development Plan.
- The Sangguniang Barangay enacts appropriate Budget Ordinance for the purpose, and submits the same to the Sangguniang Panlungsod/Bayan for the latter’s review.
ACCESS TO FUNDS
SECTION. 1. Access to Funds. After the sangguniang barangay approves the barangay budget, the Task Force can begin accessing funds for its planned projects and activities, and shall:
- Prepare individual activity design for each of the projects/activities included in the plan, signed by all the members of the Task Force, detailing the process involved in the planned project/activity indicating funds to be used.
- Submit the activity designs to the Punong Barangay.
SECTION 1. Separability Clause. – If any provision of these Rules or any part thereof be declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.
SECTION 2. Repealing Clause. – All laws, presidential decrees, proclamations, executive orders or regulations and other issuances inconsistent with the provision and/or purposes of these Rules are hereby repealed, amended or modified accordingly.
SECTION 3. Effectivity. – These Rules shall immediately take effect upon approval.
|(Sgd.) SIXTO S. BRILLANTES JR.
Chairman of the Commission on Elections
|(Sgd.) MAR ROXAS
Secretary of the Department of
the Interior and Local Government