Section 399. Lupong Tagapamayapa. - : Provided Herein
Section 399. Lupong Tagapamayapa. - : Provided Herein
Section 399. Lupong Tagapamayapa. - : Provided Herein
The said notice shall be prepared by the punong barangay within the first fifteen
(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as (15) days from the start of his term of office.
the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members.
The lupon shall be constituted every three (3) years in the manner provided herein. Such notice shall be posted in three (3) conspicuous places in the barangay
continuously for a period of not less than three (3) weeks
(b) Any person actually residing or working, in the barangay, not otherwise expressly disqualified
by law, and possessing integrity, impartiality, independence of mind, sense of fairness, and In any case the punong barangay takes into consideration any opposition to the
reputation for probity, may be appointed a member of the lupon. proposed appointment or any recommendations for appointment as may
have been made within the period of posting, he shall:
(c) A notice to constitute the lupon, which shall include the names of proposed members who have - Within 10 days, appoint as members those whom he determines to be
expressed their willingness to serve, shall be prepared by the punong barangay within the first suitable.
fifteen (15) days from the start of his term of office. Such notice shall be posted in three (3) - Appointments shall be in:
conspicuous places in the barangay continuously for a period of not less than three (3) weeks; 1. writing;
2. signed by the Punong Barangay;
3. Attested to by the Brgy. Secretary.
(d) The punong barangay, taking into consideration any opposition to the proposed appointment
or any recommendations for appointment as may have been made within the period of posting, Where shall the list of appointed members be posted?
shall within ten (10) days thereafter, appoint as members those whom he determines to be In 3 conspicuous places in the barangay, for the entire duration of
suitable therefor. Appointments shall be in writing, signed by the punong barangay, and attested their term of office.
to by the barangay secretary.
What happens if majority of the inhabitants are members of indigenous
(e) The list of appointed members shall be posted in three (3) conspicuous places in the barangay cultural communities?
for the entire duration of their term of office; and The mode of settling their disputes through councils of datus or elders
shall be recognized, without prejudiced to the applicable provisions of
(f) In barangays where majority of the inhabitants are members of indigenous cultural the LGC.
communities, local systems of settling disputes through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this Code. BOOK NOTES:
The 3 new significant features of the Revised Kataranungang Pambarangay Law are:
NOTES:
1. Increased the authority of the lupon in criminal offenses.
Lupong tagapamayapa (referred to as “Lupon”) is composed of the following: from those punishable my imprisonment (not exceeding 30 days) or
1. Punong barangay (as chairman); and a fine (not exceeding P200)
2. 10 to 20 members.
to those offenses punishable by imprisonment (not exceeding 1 year)
The lupon shall be constituted every three (3) years in the manner or a fine (not exceeding P5,000)
provided herein
2. As to the venue, disputes can be brought now in the barangay where the
Who can be appointed as a member of lupon? workplace/institution is located.
1. Any person actually residing or working in the barangay that is not when there are disputes arising at the workplace where the parties
expressly disqualified by law; and are employed or institution where the parties are enrolled for
study.
2. Possesses (I-I-IM-SF-RP) integrity, impartiality, independence of
mind, sense of fairness, and reputation for probity. 3. Provides for the suspension of the prescriptive periods of offenses during
the pendency of mediation, conciliation, or arbitration process.
How lupon can be constituted?
While PD 1508 has been repealed by the LGC, the jurisprudence regarding prior (c) Exercise such other powers and perform such other duties and functions as may be
referral to the lupon as a precondition to the filing of an action in court remains prescribed by law or ordinance.
applicable because its provisions on prior referral were substantially reproduced in
the Code. Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the secretary of
the lupon. He shall record the results of mediation proceedings before the punong barangay and shall
Alternative Dispute Resolution Act shall not be interpreted to repeal, amend, or submit a report thereon to the proper city or municipal courts. He shall also receive and keep the records of
modify the jurisdiction of the Katarungang Pambarangay under RA 7160. proceedings submitted to him by the various conciliation panels.
NOTES:
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of office
before the punong barangay. He shall hold office until a new lupon is constituted on the third year following The barangay secretary concurrently serves as the secretary of the lupon.
his appointment unless sooner terminated by resignation, transfer of residence or place of work, or
withdrawal of appointment by the punong barangay with the concurrence of the majority of all the What are the tasks of barangay secretary/secretary of the lupon?
members of the lupon.
1. Record the results of mediation proceedings before the punong barangay;
NOTES:
Once being appointed, a lupon shall shall take an oath of office before the punong barangay. 2. Submit a report thereon to the proper city or municipal courts.
Term of office of a lupon shall be held until a new lupon is constituted on the third year following 3. Receive and keep the records of proceedings submitted to him by the various
his appointment, except: conciliation panels.
1. sooner terminated by resignation, transfer of residence / place of work; or Section 404. Pangkat ng Tagapagkasundo. -
2. withdrawal of appointment by the punong barangay with the concurrence of the
majority of all the members of the lupon. (a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be
known as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of
three (3) members who shall be chosen by the parties to the dispute from the list of members of
the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall hold office only for the unexpired portion of the term.
Should the parties fail to agree on the pangkat membership, the same shall be determined by lots
drawn by the lupon chairman.
NOTES:
(b) The three (3) members constituting the pangkat shall elect from among themselves the
If there’s a vacancy for lupon, he punong barangay shall immediately appoint a qualified person chairman and the secretary. The secretary shall prepare the minutes of the pangkat proceedings
who shall hold office only for the unexpired portion of the term. and submit a copy duly attested to by the chairman to the lupon secretary and to the proper city or
municipal court. He shall issue and cause to be served notices to the parties concerned.
Section 402. Functions of the Lupon. - The lupon shall:
The lupon secretary shall issue certified true copies of any public record in his custody that is not
(a) Exercise administrative supervision over the conciliation panels provided herein; by law otherwise declared confidential.
(b) Meet regularly once a month to provide:
NOTES:
1. to provide forum for exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes; and What constitutes Pangkat ng Tagapagsundo (referred to as “Pangkat”) is composed of the
following:
2. to enable various conciliation panel members to share with one another their 1. 3 members; and
observations and experiences in effecting speedy resolution of disputes; and 2. who shall be chosen by the parties to the dispute frm the list of members of the lupon.
If the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn NOTES:
by the lupon chairman.
Who renders legal advice on matters involving questions of law to the Punong
The 3 members constituting the pangkat shall elect from among themselves: Barangay/Lupon/ Pangkat?
1. the chairman; and 1. The provincial or city legal officer;
2. the secretary. 3. prosecutor;
4.the municipal legal officer.
The secretary shall:
1. prepare the minutes of the pangkat proceedings; and
2. submit a copy duly attested to by the chairman to the lupon secretary; and Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each barangay
3. to the proper city or municipal court; and shall have authority to bring together the parties actually residing in the same city or municipality for
4. issue and cause to be served notices to the parties concerned; and amicable settlement of all disputes except:
5. issue certified true copies of any public record in his custody that is not by
law (a) Where one party is the government, or any subdivision or instrumentality thereof;
otherwise declared confidential.
(b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to the
dispute from among the other lupon members. Should the parties fail to agree on a common choice, the
vacancy shall be filled by lot to be drawn by the lupon chairman. (c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
NOTES:
(d) Offenses where there is no private offended party;
Vacancy in the pangkat shall be chosen by the parties to the dispute from among the other lupon
members. (e) Where the dispute involves real properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement by an appropriate
If parties fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the lupon;
lupon chairman.
(f) Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto agree
Section 406. Character of Office and Service of Lupon Members. - to submit their differences to amicable settlement by an appropriate lupon;
(a) The lupon members, while in the performance of their official duties or on the occasion (g) Such other classes of disputes which the President may determine in the interest of Justice
thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code. or upon the recommendation of the Secretary of Justice.
(b) The lupon or pangkat members shall serve without compensation, except as provided for The court in which non-criminal cases not falling within the authority of the lupon under this
in Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of Code are filed may, at any time before trial motu propio refer the case to the lupon concerned for
this Code. The Department of the Interior and Local Government shall provide for a system of amicable settlement.
granting economic or other incentives to the lupon or pangkat members who adequately
demonstrate the ability to judiciously and expeditiously resolve cases referred to them. While in NOTES:
the performance of their duties, the lupon or pangkat members, whether in public or private
employment, shall be deemed to be on official time, and shall not suffer from any diminution in “Government of the Rep. of the Philippines”
compensation or allowance from said employment by reason thereof. refers to the corporate governmental entity through which the functions of the government are
exercised throughout the PH, including various arms which political authority is made effective in
Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal officer or the PH -- whether pertaining to the autonomous regions, provincial, city, municipal, or barangay
prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law subdivisions or other forms of local government.
to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang pambarangay. “Political subdivision”
the territorial and political subdivisions of the Rep. of the PH are: provinces, cities, (b) Those involving actual residents of different barangays within the same city or
municipalities, barangays, and autonomous regions in Muslim Mindanao and Cordilleras. municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complaint.
“Instrumentality”
any agency of the Natl. Government, not integrated within the department framework vested (c) All disputes involving real property or any interest therein shall be brought in the barangay
within special functions or jurisdiction by law, endowed with some, if not all corporate powers, where the real property or the larger portion thereof is situated.
administering special funds, and enjoying operational autonomy, usually through charter.
includes regulatory companies, chartered institutions, and government-owned or controlled (d) Those arising at the workplace where the contending parties are employed or at the
corporations. institution where such parties are enrolled for study, shall be brought in the barangay where
such workplace or institution is located.
“Public Office”
is the right, authority, and the duty created and conferred by law, by which for a given period, Objections to venue shall be raised in the mediation proceedings before the punong barangay;
either fixed by law or enduring at the pleasure of the appointing power, an individual is invested otherwise, the same shall be deemed waived. Any legal question which may confront the punong
with some portion of the sovereign functions of the government, to be exercised by him for the barangay in resolving objections to venue herein referred to may be submitted to the Secretary of
benefit of the public. Justice, or his duly designated representative, whose ruling thereon shall be binding.
cannot be argued the liberal interpretation in favor of LGU applies because LGU is limited to (c) Conciliation among members of indigenous cultural communities. - The customs and
provinces, cities, municipalities, and brgys. traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.
however, those refusal or willful failure of any party or witness to appear before a
lupon/pangkat may be punished by city or municipal court for indirect contempt of court upon NOTES:
any of the contending parties. This also bans the complainant who fails to appear judicial recourse
for the same action and the respondent. who refuses to appear, from filing any counterclaim Effect of failure to comply with provision:
arising out of the complaint. Prior recourse to the conciliation procedure required under PD 1508 is not a
jurisdictional requirement, non-compliance of it will deprive a court of its
jurisdiction either over the subject matter or over the person of the defendant.
refers to the corporate governmental
The controversy in the complaint alleged will not be ripe for judicial determination,
Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or dialect it will become vulnerable to a motion to dismiss.
known to the parties, signed by them, and attested to by the lupon chairman or the pangkat chairman, as
the case may be. When the parties to the dispute do not use the same language or dialect, the settlement Note: Based on SC case, pursuant to the LGC, the confrontation before the lupon
shall be written in the language known to them. chairman or the pangkat is sufficient compliance with the precondition for filing
the case in court in spite the mandate of the same law that the brgy chairman shall
NOTES: constitute a pangkat if he fails in his mediation efforts.
Section 412. Conciliation. - (b) The arbitration award shall be in writing in a language or dialect known to the parties.
When the parties to the dispute do not use the same language or dialect, the award shall be
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding written in the language or dialect known to them.
involving any matter within the authority of the lupon shall be filed or instituted directly in
court or any other government office for adjudication, unless: Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be public
and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case may be,
1. There has been a confrontation between the parties before the lupon chairman may motu proprio or upon request of a party, exclude the public from the proceedings in the interest of
or the Pangkat; and privacy, decency, or public morals.
2. that no conciliation or settlement has been reached as certified by the lupon
Secretary or pangkat secretary as attested to by the lupon or pangkat chairman or Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties
unless the settlement has been repudiated by the parties thereto. must appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and Requisites of intimidation
arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten 1. that the intimidation must be the determining cause of the contract, or must have
(10) days from the date thereof, unless repudiation of the settlement has been made or a petition to caused the consent to be given;
nullify the award has been filed before the proper city or municipal court. 2. that the threatened act be unjust or unlawful;
3. that the threat be real and serious (there being an evident disproportion between evil
However, this provision shall not apply to court cases settled by the lupon under the last paragraph of and resistance which all men can offer, leading to the choice of the contract as the lesser
Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to evil;
the court and upon approval thereof, have the force and effect of a judgment of said court. 4. that it produces a reasonable and well-grounded fear from the fact that the person
from whom it comes has the necessary means or ability to inflict threatened injury.
.
NOTES:
Rule is not absolute where no repudiation was made during the 10-day period, the amicable Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon
settlement attains the status of finality and it becomes the ministerial duty of the court to shall transmit the settlement or the arbitration award to the appropriate city or municipal court within
implement and enforce it. five (5) days from the date of the award or from the lapse of the ten-day period repudiating the settlement
In a case, when there’s special and exceptional circumstances, it may warrant the suspension of and shall furnish copies thereof to each of the parties to the settlement and the lupon chairman.
execution of a decision that has become final and executory (e.g. it would frustrate the ends of
justice if a writ of execution is issued considering the uncertainly of the object of the agreement) Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the implementation of the katarungang pambarangay.
Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution
by the lupon within six (6) months from the date of the settlement. After the lapse of such time, the Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case may be,
settlement may be enforced by action in the appropriate city or municipal court. shall see to the efficient and effective implementation and administration of the katarungang pambarangay.
The Secretary of Justice shall promulgate the rules and regulations necessary to implement this Chapter.
NOTES:
Section 422. Appropriations. - Such amount as may be necessary for the effective implementation of the
Lupon does not possess contempt power, because this power cannot be presumed to be granted katarungang pambarangay shall be provided for in the annual budget of the city or municipality
by the legislature as it constitutes a potential derogation of individual rights. concerned.
Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided.
NOTES:
Requisites of fraud:
1. it must have been employed by one contracting party upon the other;
2. it must have induced the other party to enter into the contract;
3. it must have been serious;
4. it must have resulted in damage/injury to the party seeking annulment.
Requisites of violence
1. that physical force employed must be irresistible or of such a degree that victim has no
other course, under the circumstances, but to submit; and
2. that such force is the determining cause in giving the consent to the contract.
(g) Youth Organizations shall refer to those organizations whose membership/ composition are the
youth; and
(e) Hold fund-raising activities which are in line with the Comprehensive Barangay Youth 5. able to read and write Filipino, English, or the local dialect;
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 6. must not be related within the second civil degree of consanguinity or affinity to any
which such activity has been held shall be first satisfied: Provided, further, That any appropriation thereof incumbent elected national official or to any incumbent elected regional, provincial, city,
shall be in accordance with existing applicable budget, accounting and auditing rules and regulations; municipal, or barangay official, in the locality where he or she seeks to be elected;
7. and must not have been convicted by final judgment of any crime involving moral
(f) Create regular and special committees and such other bodies whose chairpersons and members turpitude.
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;
SEC. 11. Term of Office. – (a) The chairperson and members of the Sangguniang Kabataan shall hold office
for a fixed term of three (3) years unless:
(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 1. sooner removed for cause;
accordance with the prescribed form by the DILG and the Commission; 2. permanently incapacitated;
3. have died; or
4. resigned from office.
(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; (b) The Sangguniang Kabataan secretary and treasurer shall be co-terminus with the appointing
authority unless:
(i) Adopt and implement a policy on full public disclosure of all its transactions and documents
involving public interest; and 1. sooner removed for cause, found to have failed from the discharge of his or her duties; or
(j) Exercise such other powers and perform such other functions as may be prescribed by law or 2. has committed abuse of authority as stipulated in existing laws pertaining to the conduct
ordinance, or delegated by the Sangguniang Barangay or the Commission. 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.
SEC. 9. Meetings of the Sangguniang Kabataan. – (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
(c) A Sangguniang Kabataan official who, during his or her term of office, shall have passed the age of (b) Prepare and keep all the minutes of all assemblies of the Katipunan ng Kabataan and of all the meetings
twenty-four (24) years shall be allowed to serve the remaining portion of the term for which he or of the Sangguniang Kabataan;
she was elected.
(c) Cause the posting, in the barangay bulletin board and in at least three (3) conspicuous places within the
SEC. 12. Sangguniang Kabataan Chairperson. – The chairperson of the Sangguniang Kabataan shall jurisdiction of the barangay, and if possible including the use of traditional and nontraditional media, and
automatically serve as an ex officio member of the Sangguniang Barangay upon assumption to office. make available for any person with legal purpose, all resolutions approved by the Sangguniang Kabataan,
As such, he or she shall exercise the same powers, discharge the same duties and functions, and enjoy the the annual and end-of-term reports of the programs and projects implemented by the Sangguniang
same privileges as the regular Sangguniang Barangay members; and shall be the chairperson of the Kabataan, the Comprehensive Barangay Youth Development Plan and Annual Barangay Youth Investment
Committee on Youth and Sports Development. He or she shall be entitled to a pro-rata honoraria for every Program and the dissemination of the same to concerned offices, institutions and individuals; and
session of the Sangguniang Barangay he or she has attended.
(d) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson
SEC. 13. Powers and Functions of the Sangguniang Kabataan Chairperson. – The Sangguniang Kabataan may prescribe or direct.
chairperson shall exercise such powers and discharge such duties as follows:
SEC. 15. Sangguniang Kabataan Treasurer. – The Sangguniang Kabataan treasurer shall:
(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 (a) Take custody of all Sangguniang Kabataan property and funds;
the disciplinary action against the Sangguniang Kabataan chairperson, in which case, the highest ranking
Sangguniang Kabataan member shall preside;
(b) Collect and receive contributions, monies, materials, and all other resources intended for the
Sangguniang Kabataan and the Katipunan ng Kabataan;
(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) 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
(c) Ensure the implementation of policies, programs and projects as contained in the Annual Barangay Sangguniang Kabataan,
Youth Investment Programs, in coordination with the Sangguniang Barangay and the Municipal or City
Youth Development Council;
(d) Certify to the availability of the Sangguniang Kabataan funds whenever necessary;
(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 (e) Submit to the Sangguniang Kabataan and to the Sangguniang Barangay certified and detailed statements
Barangay Youth Investment Program; 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;
(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) Render report during the regular Katipunan ng Kabataan assembly on the financial status of the
Sangguniang Kabataan; and
(f) With the concurrence of the Sangguniang Kabataan, appoint from among the members of the Katipunan
ng Kabataan a secretary and a treasurer;
(g) Perform such other duties and discharge such other functions as the Sangguniang Kabataan chairperson
may prescribe or direct.
(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
SEC. 16. Privileges of Sangguniang Kabataan Officials. – (a) All Sangguniang Kabataan officials in good
standing, whether elected or appointed, shall, during their incumbency:
(h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
(1) 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
SEC. 14. Sangguniang Kabataan Secretary. – The Sangguniang Kabataan secretary shall: 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;
(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;
(2) Be exempt from taking the National Service Training Program-Civic Welfare Training Service (NSTP- (d) Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual Barangay
CWTS) subjects. In lieu thereof, concerned Sangguniang Kabataan officials shall submit written reports, Youth Investment Program, or approve the annual budget within the prescribed period of time without
preferably with photographs, or other documentations of their participation in the implementation of justifiable reason;
programs, projects and activities as outlined in the Comprehensive Barangay Investment Program. Absence
of such reports and documentations or a finding to the contrary upon verification of submitted reports, will (e) Failure to implement programs and projects outlined in the Annual Barangay Youth Investment
disqualify the concerned Sangguniang Kabataan officials from this privilege. The Commission on Higher Program without justifiable reason;
Education (CHED) and the Commission shall jointly promulgate the guidelines for the implementation of
this provision;
(f) Four (4) consecutive absences during the regular Sangguniang Barangay sessions without valid cause in
the case of the Sangguniang Kabataan chairperson;
(3) Be excused from attending their regular classes, if they are currently enrolled in any school, while
attending then- regular or special Sangguniang Kabataan meetings, and the Sangguniang Barangay sessions,
in case of the Sangguniang Kabataan chairperson. A certification of attendance shall be issued by the (g) Conviction by final judgment of a crime involving moral turpitude; and violation of existing laws against
Sangguniang Kabataan secretary, attested by the Sangguniang Kabataan chairperson and duly noted by the graft and corruption and other civil service laws, rules and regulations; and
Punong Barangay and shall be submitted to the concerned faculty member and the dean of the educational
institution as proof of attendance. In the case of the Sangguniang Kabataan secretary, the Sangguniang (h) Failure in the discharge of his or her duty or has committed abuse of authority.
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 SEC. 19. Succession and Filling up of Vacancies. – (a) In case a Sangguniang Kabataan chairperson refuses to
noted by the Punong Barangay. Any person who shall falsely certify as to the attendance of any Sangguniang assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office,
Kabataan official shall be criminally and administratively liable; 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
(4) Be provided by the National Government with Philippine Health Insurance Corporation (Philhealth) said member refuses to assume the position or fails to qualify, the Sangguniang Kabataan member obtaining
coverage; and the next highest number of votes shall assume the position of the chairperson for the unexpired portion of
the term.
(5) Be entitled to receive actual travelling 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 (b) After the vacancy shall have been filled, the Sangguniang Kabataan chairperson shall, within thirty (30)
Sangguniang Kabataan officials and is supported by duly approved travel order by the Punong Barangay in days, call for a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan member to
the case of the Sangguniang Kabataan chairperson, or by the Sangguniang Kabataan chairperson in the case complete the membership of said sanggunian: Provided, That, such special assembly is coordinated with the
of the other Sangguniang Kabataan officials. 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
(6) The Sangguniang Kabataan chairperson shall have the same privileges enjoyed by other Sangguniang portion of the term of the vacant seat. For this purpose, any citizen of the Philippines residing in the said
Barangay officials under this Act subject to such requirements and limitations provided herein. 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.
SEC. 17. Persons in Authority – 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.
(c) All other vacancies in the office of the Sangguniang Kabataan shall be filled in accordance with the
immediately preceding provision.
SEC. 18. Suspension and Removal from Office. – 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 (d) In case of suspension of the Sangguniang Kabataan chairperson, the successor, as determined in
the concerned Sangguniang Kabataan official which shall be final and executory, on any of the following subsection (a) of this section, shall assume the position during the period of such suspension.
grounds:
SEC. 20. Sangguniang Kabataan Funds. – The Sangguniang Kabataan funds shall be governed by the
(a) Absence from the regular meeting of the Sangguniang Kabataan without valid cause for two (2) following provisions:
consecutive times or accumulated absences of four (4) within a period of twelve (12) months;
(a) All the income of the barangay derived from whatever source shall accrue to its general fund and shall,
(b) Failure to convene the regular assembly of the Katipunan ng Kabataan for two (2) consecutive times; at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal
(c) Failure to convene the regular Sangguniang Kabataan meetings for three (3) consecutive months in the treasurer or be deposited in „ hank n refer ably government-owned, situated in or nearest to its area of
case of the Sangguniang Kabataan chairperson; jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Act. Ten percent (10%)
of the general fund of the barangay shall be set aside for the Sangguniang Kabataap. The Sangguniang
Barangay shall appropriate the Sangguniang Kabataan funds in lump-sum which shall be disbursed solely (c) The manner of election, suspension and removal of the officers of the Pederasyon at all levels and the
for youth development and empowerment purposes; 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.
(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 SEC. 22. Membership in the Sanggunian and Local Special Bodies. – (a) The duly elected president of the
deposited in the name of the Sangguniang Kabataan of the concerned barangay in a government-owned Pederasyon ng Sangguniang Kabataan, at all levels, shall serve as ex officio member of the Sangguniang
bank situated in or nearest to its area of jurisdiction with the Sangguniang Kabataan chairperson and the Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, respectively;
Sangguniang Kabataan treasurer as the official signatories;
(b) He or she shall be the chairperson of the Committee on Youth and Sports Development in the said
(c) All Sangguniang Kabataan funds shall be allocated in an annual budget, and if the funds allow, in a Sanggunian, and a regular member of the Committees on Education, Environment, Employment and
supplemental budget in accordance with the adopted Annual Barangay Investment Program. Both the Livelihood, Health and Anti-Drug Abuse, and Gender and Development,
Comprehensive Barangay Youth Development Plan and Annual Barangay Investment Program shall give
priority to programs, projects and activities that will promote and ensure the equitable access to quality (c) He or she shall serve as ex officio member of Local School Board, Local Council for the Protection of
education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, Children Local Development Council, Local Health Board Local Tourism Council and Local Peace and Order
youth employment and livelihood, health and anti-drug abuse, gender sensitivity, sports development, and Council, and
capability building which emphasizes leadership training; and
(d) He or she shall convene the LYDC every three (3) months to conduct consultations with youth
(d) The Sangguniang Bayan or Sangguniang Panlungsod shall, within sixty (60) days upon receipt hereof, organizations.
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 CHAPTER III
the review within the prescribed period shall render the said annual budget deemed approved.
THE LOCAL YOUTH DEVELOPMENT COUNCIL (LYDC)
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 SEC. 23. Creation. – To ensure wide and multi-sectoral youth participation in local governance, there shall
manner as may be prescribed by the Commission on Audit (COA). All Sangguniang Kabataan funds shall be be in every province, city and municipality a Local Youth Development Council (LYDC) “which shall be
subject to all existing accounting and auditing laws, rules and regulations. called, Provincial Youth Development Council, City Youth Development Council and Municipal Youth
Development Council, respectively. The LYDC shall be composed of representatives of youth and youth-
SEC. 21. Pederasyon ng Sangguniang Kabataan. – (a) There shall be an organization of the Pederasyon ng serving organizations in the provincial, city, and municipal level. The LYDC shall assist the planning and
mga Sangguniang Kabataan to be known as follows: execution of projects and programs of the Sangguniang Kabataan, and the Pederasyons in all levels.
(1) In municipalities, Pambayang Pederasyon ng mga Sangguniang Kabataan which shall be composed of SEC. 24. Local Youth Development Council Funds. – The LYDC shall be funded by their respective
the Sangguniang Kabataan chairpersons of barangays in the municipality; Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan.
(2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang Kabataan which shall be composed of the CHAPTER IV
Sangguniang Kabataan chairpersons of barangays in the city; and
THE LOCAL YOUTH DEVELOPMENT OFFICE
(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. SEC. 25. Creation. – There shall be in every province, city and municipality a Youth Development Office
which shall be headed by a youth development officer with the rank of at least division chief. Such may be
(b) The Pederasyon ng njiga Sangguniang Kabataan shall, at all levels, elect from among themselves a put under the Office of the Local Chief Executive, the Office of the Planning and Development, the Office of
president, a vice president, a1 treasurer, a secretary and such other officers as they may deem necessary. the Social Welfare, or in any other office deemed appropriate by the local government unit. If the funds of
The concerned Local Government Operations Officer, in coordination with the election officer, shall the local government unit are sufficient, it can be a separate department with divisions and units for policy
facilitate the conduct of the elections which shall be held within fifteen (15) days from the Sangguniang and planning, administration and finance, and programs and operations. In the event when the local
Kabataan elections in case of the Pambayan and Panlungsod na Pederasyon, and within thirty (30) days in government unit has exceeded the prescribed personal services limitations, the local chief executive may
case of the Panlalawigang Pederasyon. designate existing personnel whom he or she deems fit to serve this purpose until such time that the local
government unit can already create this office.
SEC. 26. Funding. – The local government unit shall incorporate in its annual budget such amount as may be office as boy and girl officials and shall perform such duties *and conduct such activities as may be provided
necessary for the operation and effective functioning of the Local Youth Development Office. in the ordinance enacted pursuant to this Chapter.
CAPABILITY-BUILDING AND ORIENTATION TOWARDS NATION-BUILDING AND EMPOWERMENT REGISTRATION, ELECTION AND ASSUMPTION OF OFFICE
SEC. 27. Mandatory and Continuing Training Programs. – For the purpose of emphasizing the role of the SEC. 31. Registration. – For purposes of the next regular Sangguniang Kabataan election under this Act, the
youth in nation-building and molding them to become better citizens with the values of patriotism, COMELEC shall set a special registration of the Katipunan ng Kabataan which shall in no case be less than
nationalism and honor as a Filipino, any Sangguniang Kabataan official, whether elected or appointed, or one (1) month and shall include Saturdays and Sundays. Subsequent registration of the Katipunan ng
any member of the LYDC must undergo the mandatory training programs before he or she can assume Kabataan shall be governed by Republic Act No. 8189 including the system of continuing registration.
office. During their incumbency, they must attend the continuing training programs to be undertaken by the
Commission in coordination with the DILG. Deliberate failure to attend the said training programs shall SEC. 32. Date of Election. – The Sangguniang Kabataan elections shall be synchronized with the barangay
constitute sufficient ground to disqualify said Sangguniang Kabataan official or LYDC member or subject elections and subsequently every three (3) years thereafter.
them to disciplinary actions.
CHAPTER VIII
SEC. 28. Components of the Mandatory Training Programs. – The Commission and the DILG with the
assistance of the Development Academy of the Philippines (DAP), the Local Government Academy (LGA),
the University of the’ Philippines-National College of Public Administration and Governance (UP-NCPAG), FINAL PROVISIONS
and in consultation with youth stakeholders shall jointly design and implement the mandatory and
continuing training programs. The mandatory training programs1 must include among others, the following SEC. 33. Appropriations. – The amount necessary to implement the provisions of this Act shall be included in
components: (a)(1) The Philippine .cultural history, political systems ethics and ideologies; (2) The Filipino the Annual General Appropriations Act.
as a nation builder (3) The Filipino youth and its role in nation-building; and (b) capability building on
leadership, program and project development and sustainability, financial management, and accountability SEC. 34. Implementing Rules and Regulations (IRR). – The Commission, the DILG, the COMELEC, the
and transparency. Department of Budget and Management, the CHED, the Department of Education, and the COA, in
consultation with the local government leagues, and various youth organizations and youth-serving
SEC. 29. Training Fund – A training fund with an initial amount of fifty million pesos (P50,000,000.00) is organizations shall be tasked to come up, within sixty (60) days upon approval of this Act, with the IRR
hereby established and appropriated from any available source to be managed by the Commission. needed for the implementation of this Act.
Thereafter, such amount needed for this purpose shall be included in the Annual General Appropriations
Act. SEC. 35. Separability Clause. – If, for any reason or reasons, any part or provision of this Act shall be declared
unconstitutional or invalid, other parts or provisions not affected thereby shall continue to be in full force
CHAPTER VI and effect.
LINGGO NG KABATAAN SEC. 36. Repealing Clause. – Sections 329, 423-439 of Republic Act No. 7160, also known as “The Local
Government Code of 1991”; Section 10(O) of Republic Act No. 8044, otherwise known as “Youth In Nation-
SEC. 30. Observance of Linggo ng Kabataan. – Building Act”; Sections 1 and 2 of Republic Act No. 9340, entitled “An Act Amending Republic Act No. 9164,
Resetting the Baranagay and Sangguniang Kabataan Elections, and for Other Purposed”; all other laws,
presidential decrees, executive orders letters of instruction, rules and regulations or portions thereof which
(a) Every barangay, municipality, city and province shall conduct an annual activity to be known as the are inconsistent with this Act are hereby repealed or modified accordingly.
Linggo ng Kabataan on the week where the 12 th of August falls to coincide with the International Youth Day.
The Sangguniang Kabataan, in the case of barangay, and the respective LYDC in cooperation with the
Pederasyon ng mga Sangguniang Kabataan, in the case of municipality, city and province, shall take the lead SEC. 37. Effectivity Clause. – This Act shall take effect fifteen (15) days after the completion of its publication
in this observance. in the Official Gazette or in any two (2) newspapers of general circulation.
(b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all local
elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in the
territorial jurisdiction of the local government unit, among in-school and community youth residing in the
local government concerned from ages thirteen (13) to seventeen (17). During said week, they shall hold