RA 10742 Sangguniang Kabataan Reform Act of 2015: A. 1987 Constitution

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RA 10742

Sangguniang Kabataan Reform Act of 2015

INTRODUCTION:

I. LEGAL BASES AND PRECEDENTS

a. 1987 CONSTITUTION
Section 13. 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.

b. RA 7160 Local Government Code of 1991


c. RA 9164 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

II. SALIENT FEATURES OF SK REFORM LAW OF 2015

A. AGE EXPANSION
 RA 7160 LOCAL GOVERNMENT CODE 1991
October 10, 1991

KATIPUNAN NG KABATAAN

Section 424. Katipunan ng Kabataan. - fifteen (15) but not more than twenty-one (21)
years of age.

SANGGUNIANG KABATAAN

Section 428. Qualifications. - at least fifteen (15) years but not more than twenty- one (21)
years of age on the day of his election.

 RA 9164

Approved: 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

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:

KATIPUNAN NG KABATAAN

"Sec.6. Katipunan ng Kabataan. fifteen (15) but less than eighteen (18) years of
age on the day of the election,

SANGGUNIANG KABATAAN

Sec 7. Qualifications. at least fifteen (15) years but less than eighteen (18) years of
age on the day of the election,

RA 10742 SK REFORM ACT

JAN 15 2016

KK

SECTION 4. Katipunan ng Kabataan. –at least fifteen (15) but not more than
thirty (30) years of age,

SK

SECTION 10. Qualifications. – An official of the Sangguniang Kabataan, either


elective or appointee, must be a at least eighteen (18) years but not more than
twenty-four (24) years of age on the day of the elections.

Hence, SK Officials are now allowed to sign contracts, thus they are expected to be
more responsible in the utilization of their funds.

RA 9344: Age of criminal responsibility is 18. Thus, SK Officials may be held


liable for the offenses they may commit.

B. ANTI-POLITICAL DYNASTY
SECTION 10. Qualifications. – An official of the Sangguniang Kabataan, either elective or
appointee, must not be related within the second civil degree of consanguinity or affinity to any
incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or
barangay official, in the locality where he or she seeks to be elected, and must not have been convicted
by final judgment of any crime involving moral turpitude.
C. FISCAL AUTONOMY

What is Fiscal Autonomy?

A basic feature of local fiscal autonomy is the automatic release of the


shares.

“Fiscal autonomy means that local governments have the power to create their own sources
of revenue in addition to their equitable share in the annual budget of the barangay, as well
as the power to allocate their resources in accordance with their own priorities.”
Fiscal autonomy is a guarantee given by the Constitution to certain units of
the government. It is intended as a guarantee of separation of powers and of
independence from political agencies.

Fiscal autonomy means freedom from outside control. If the SK says


it needs 4 laptops but the Sangguniang Barangay rules they only
need 1, the autonomy given by the law becomes an empty and
illusory platitude.

The Barangay shall allocate 10% of the general fund to SK and it must
be disbursed solely for youth development.

Fiscal Autonomy is further reflected in Section 8 of the IRR of the SK


Reform Law.

(a). Approve the annual budget.


If the SK funds allow, a supplemental budget shall be approved.
Any changes in the annual budget shall be in accordance with existing
applicable budget, rules and procedures;
(e) Hold fund-raising activities that are in line with the CBYDP, the
proceeds of which shall be tax-exempt and shall accrue to the general fund of
the SK: Provided, however, that in the appropriation thereof, the specific
purpose for which such activity has been held shall be first satisfied: Provided,
further, that any appropriations thereof shall be in accordance with existing
applicable budget, accounting and auditing rules and regulations;

(g)Submit the annual and end-of-term program accomplishments and financial


reports to the sangguniang barangay and present the same during the KK
assembly, copy furnished the LGOO, Local Youth Development Council
(LYDC), Commission on Audit (COA) and the Commission, in
accordance with the form prescribed by the DILG and the Commission;

(m) Comply with the bonding requirements in accordance with existing


laws, rules and regulations, when necessary as in the case of the SK
chairperson and the SK treasurer; and

Sec 20. All Sangguniang Kabataan funds shall be subject to all existing
accounting and auditing laws, rules and regulations.

D. LYDC LOCAL YOUTH DEVELOPMENT COUNCIL


Sec 23 The LYDC shall be composed of representatives of youth and youth-serving
organizations in the provincial, city, and municipal level.
The LYDC shall assist the planning and execution of projects and programs of the
Sangguniang Kabataan

E. MANDATORY CONTINUING TRAININGS/ LINGGO NG KABATAAN

SK officials must have to undergo mandatory training;

CLOSING:

Ephesians 2:10

For we are God’s masterpiece. He has created us anew in Christ Jesus, so we can
do the good things he planned for us long ago.

The true and the good constitute the root values without which human life would
be devoid of authentic anchor and direction.

As elected officials, you should adopt a self-imposed role to be a model of goodness.

YOU ARE GOD’S MASTERPIECE.

The true and the good constitute the root values without which human life would be devoid
of authentic anchor and direction.

As elected officials, you should adopt a self-imposed role to be a model of goodness.

Tignan mo katabi kahit mukhang abstract masterpiece yan obra. Masterpiece sa greek ay
“Poema”. POEM isang tula. ang pagkakagawa sayo ni GOD ay parang isang tula. All that you
have been, all that you are and all that you will be, you are a beautiful poetry. Hindi aksidente
na nanalo ka. Pinili ka ng DIyos. Kaya hindi bagay sayo na gumawa ng masama. You are created
to do good works.

What is good? Desirable in nature. Good work, desirable in nature, sayo at sa ibang tao. (i.e).
Kaya wala kang nakukuhang fulfilment sa mga ginagawa mo, because you are not created for
those things. Di ka para diyan. Kahit lumuha ka ng dugo, walang mangayayaring maganda sa’yo
kasi nga di ka ginawa para diyan.

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