Republic Act No.
8044
Youth in Nation-Building Act
(
Promulgated June 7, 1995)
Section 1. Title. This Act shall be known as the "Youth
in Nation-Building Act."
Sec. 2. Policy. The State recognizes its responsibility
to enable the youth to fulfill their vital role in nation-building
and hereby establishes the National Comprehensive and Coordinated
Program on Youth Development, creates the structures to implement
the same and appropriates adequate funds to provide support for
the program and implementing structures on a continuing sustained
basis.
The State hereby declares that
"Youth" is the critical period in a person's growth and
development from the onset of adolescence towards the peak of mature,
self-reliant and responsible adulthood comprising the considerable
sector of the population from the age of fifteen (15) to thirty
(30) years.
The State further declares the
National Comprehensive and Coordinated Program on Youth Development
shall be based on the following principles:
(a) Promotion and protection
of the physical, moral, spiritual, intellectual and social well-being
of the youth to the end that the youth realize their potential
for improving the quality of life;
(b) Inculcation in the youth
of patriotism, nationalism and other basic desirable values to
infuse in them faith in the Creator, belief in the sanctity of
life and dignity of the human person, conviction for the strength
and unity of the family and adherence to truth and justice;
(c) Encouragement of youth involvement
in character-building and development activities for civic efficiency,
stewardship of natural resources, agricultural and industrial
productivity, and an understanding of world economic commitments
on tariffs and trade and participation in structures of policy-making
and program implementation to reduce the incidence of poverty
and accelerate socioeconomic development; and
(d) Mobilization of youth's abilities,
talents and skills and redirecting their creativity, inventive
genius and wellspring of enthusiasm and hope for the freedom of
our people from fear, hunger and injustice.
Sec.
3. Development Program.
In order to attain the declared national policy, there is hereby
established the "National Comprehensive and Coordinated Program
on Youth Development", hereinafter referred to as the "Development
Program."
The components of the development
program are the following:
(a) Formulation, approval and
implementation of the Medium-Term Youth Development Program for
four (4) years following the approval of this Act and every three
(3) years thereafter, which shall be aligned to and shall complement
the Medium-Term Philippine Development Plan for the corresponding
period, taking into account the existing National Youth Development
Plan as provided for in Executive Order No. 176, series of 1994;
(b) A national study on the "Situation
of Youth in the Philippines", for the period up to the approval
of this Act, and every three (3) years thereafter which identifies
priority needs, prevailing attitudes and values of youth, the
existing services, and the gaps in services delivery of the basic
needs of youth;
(c) A "National Review,
Evaluation and Reform" of all organizations delivering services
to youth for the period up to the approval of this Act and every
three (3) years thereafter;
(d) Activities to operationalize the implementing structures of the Development
Program, preparations and participation in activities of youth
of global significance including World Youth Day, and provide
leadership and support therefor on a
continuing sustained basis:
(e) The comprehensive, coordinated
nationwide service delivery system comprising (i)
existing public and civic services for youth which after review
and reform or realignment fully support the policy and program
framework under this Act; and (ii) innovative services and delivery
systems institutionalized in areas without or with inadequate
services and which are responsive to needs, following pilot demonstration
projects to test the validity and feasibility of the services;
and
(f) The participation of Filipino
youth in the Biennial World Youth Day starting 1997 in Paris,
France and every two (2) years thereafter.
Sec. 4. Definition of Terms. For purposes of this Act.
the following terms are hereby defined:
(a) "Youth" shall refer
to those persons whose ages range from fifteen (15) to thirty
(30) years old;
(b) "Youth Organizations"
shall refer to those organizations whose membership/composition
are youth;
(c) "Youth-Serving Organizations"
shall refer to those registered organizations or institutions
whose principal programs, projects and activities are youth-oriented
and youth-related; and
(d) "Commission" shall
refer to the National Youth Commission.
Sec. 5. National Youth Commission. There is hereby created
the "National Youth Commission," hereinafter referred
to as the "Commission".
It shall be composed of the following:
(a) A chairman;
(b) One commissioner representing
Luzon;
c) One commissioner representing
Visayas;
(d) One commissioner representing
Mindanao;
(e)
Two (2) commissioners to be chosen at large; and
(f) The President of the Pambansang Katipunan ng mga Sangguniang Kabataan, as commissioner, who shall serve in an ex officio
capacity.
The first set of chairman and commissioners,
which shall have a term of four (4) years, shall be constituted
by the President of the Philippines from among the list of nominees
submitted by youth organizations or institutions with national or
regional constituencies and which have been in existence for at
least three (3) years as of the approval of this Act.
The succeeding chairman and the
two (2) commissioners to be chosen at large shall be appointed by
the President from a list of at least three (3) but not more than
five (5) nominees for each position, submitted by youth and youth-serving
organizations or institutions with national constituencies duly
registered with the Commission.
The succeeding commissioners representing
Luzon, Visayas and Mindanao, respectively, shall be appointed by the President from a list of at least
three (3) but not more than five (5) nominees for each position,
submitted by youth and youth-serving organizations or institutions
in their respective areas duly registered with the Commission.
The chairman and the appointive
commissioners shall serve for a term of three(3)
years, with reappointment for another term. The chairman shall have
the rank and privileges of a department undersecretary,
and the appointive commissioner shall have the rank and privileges
of assistant secretaries of a department. The ex officio commissioner
shall also have the rank and privileges of assistant secretary of
a department.
Sec. 6. Status and Nature of the Commission. The Commission
shall be independent and autonomous and shall have the same status
as that of national government agency attached to the Office of
the President.
The Commission shall exercise corporate
powers. It shall have a seal, may sue and be sued, and shall be
the sole policy-making coordinating body of all youth-related institutions,
programs, projects and activities of the government.
Sec. 7. Qualifications of the Chairman and the Commissioners.
The chairman shall not be more than forty-five (45) years of age,
and the appointive commissioners no more than forty (40) years of
age, at any time during their incumbency; natural-born citizens
of the Philippines; have occupied positions of responsibility and
leadership in duly registered youth and youth-serving organizations
or institutions; of good moral character and not have been convicted
of any crime involving moral turpitude.
The chairman shall serve as the
chief executive officer of the Commission.
Sec. 8. Objectives of the Commission. The objectives
of the Commission are:
(a) To provide the leadership
in the formulation of policies and in the setting of priorities
and direction of all youth promotion and development programs
and activities;
(b) To encourage wide and active
participation of the youth in all government and nongovernmental
programs, projects and activities affecting them;
(c) To harness and develop the
full potential of the youth as partners in nation-building; and
(d) To supplement government
appropriations for youth promotion and development with funds
from other sources.
Sec. 9. Powers of the Commission. The Commission shall
have the following powers:
(a) To appoint the officers and
other personnel of the Commission and fix their compensation,
allowances and other emoluments, subject to the civil service
and other existing applicable laws, rules
and regulations;
(b) To suspend, dismiss, or otherwise
discipline for cause, any employee, and/or to approve or disapprove
the appointment, transfer or detail of employees, subject to the
provisions of existing laws and regulations;
(c) To enter into contracts;
(d) To acquire, use and control
any land, building, facilities, equipment, instrument, tools,
and rights required or otherwise necessary for the accomplishment
of the objectives of the Commission;
(e) To acquire, own, possess
and dispose of any real or personal property;
(f) To accept donations, gifts,
bequests, and grants;
(g) To ensure the implementation
by various government departments and agencies of their youth
developmental projects and activities as indicated in their respective
annual budgets;
(h) To issue rules and regulations
in pursuance of the provisions of this Act; and
(i)
To perform any and all other acts incident to or required by virtue
of its creation.
Sec. 10. Functions of the Commission. The Commission shall
have the following functions:
(a) To formulate and initiate
the national policy or policies on youth;
(b) To plan, implement, and oversee
a national integrated youth promotion and development program;
(c) To establish a consultative
mechanism which shall provide a forum for continuing dialogue
between the government and the youth sector on the proper planning
and evaluation of policies, programs and projects affecting the
youth, convening for the purpose, representatives of all youth
organizations and institutions, including the Sangguniang
Kabataan from barangay, municipal, city,
provincial and national levels;
(d) To assist and coordinate
with governmental and nongovernmental organizations or institutions
in the implementation of all laws, policies, programs and projects
relative to youth promotion and development;
(e) To seek or request the assistance
and support of any government agency, office or instrumentality
including government-owned or -controlled corporations, local
government units as well as nongovernmental organizations or institutions
in pursuance of its policies, programs and projects;
(f) To conduct scientific interdisciplinary
and policy-oriented researches and studies on youth-related matters,
as well as trainings, seminars and workshops that will enhance
the skills and leadership potentials of the youth, instilling
in them nationalism and patriotism, with particular emphasis on
Filipino culture and values;
(g) To establish and maintain
linkages with international youth and youth-serving organizations
or institutions and counterpart agencies of foreign governments
in order to facilitate and ensure the participation of Filipino
youth in international functions and affairs;
(h) To administer youth exchange
programs as well as monitor and coordinate all foreign-sponsored
youth programs and projects such as the Ship for Southeast Asia
Youth Program and other similar exchanges and goodwill missions;
(i)
To establish such organizational structures including regional
offices, as may be required to effectively carry out its functions;
(j) To conduct promotion and
fund-raising campaigns in accordance with existing laws;
(k) To allocate resources for
the implementation of youth programs and projects;
(l) To extend and provide support
or assistance to deserving youth and youth organizations including
scholarship grants;
(m) To register, establish and/or
facilitate and help in the establishment of the youth organizations
and youth-serving organizations;
(n) To participate in international
youth fora, symposia and organizations
such as the International Youth Forum, Asian Youth Council, ASEAN
Youth Forum, United Nations Commission for International Youth
Year (IYY) and other similar bodies;
(o) To provide training and a
national secretariat for the Sangguniang
Kabataan National Federation pursuant to R. A. No. 7160, otherwise
known as the Local Government Code;
(p) To submit an annual report
on the implementation of this Act to the President and to Congress;
and
(q) To perform such other functions
as may be necessary to effectively and efficiently carry out the
provisions of this Act.
Sec.
11. The Secretariat and
the Executive Director. The Commission shall organize a secretariat
to be headed by an executive director who shall serve as the chief
operating officer.
The executive director shall be
appointed by the President of the Philippines upon the recommendation of the national commission
for a term of three (3) years with reappointment for another term,
and must have the qualifications, rank and privileges of a bureau
director. He must not be more than forty-five (45) years of age
during his incumbency, and must possess executive and management
experience of at least three (3) years and with considerable exposure
to youth affairs, projects and programs management. He shall be
responsible for the effective implementation of the policies promulgated
by the Commission and shall also direct and supervise the day-to-day
operations of the Commission.
The first executive director shall
have a term of four (4) years.
The staffing pattern and compensation
schedule of the secretariat shall be drawn up in accordance with
existing laws, rules and regulations.
Sec. 12. Duties and Responsibilities of the Secretariat.
The Secretariat shall be responsible for:
(a) Ensuring an effective and
efficient performance of the functions of the Commission and prompt
implementation of the programs;
(b) Proposing specific allocation
of resources for projects instated under the approved programs;
(c) Submitting periodic reports
to the Commission on the progress and accomplishment of programs
and projects;
(d) Preparing an annual report
on all activities of the Commission;
(e) Providing and performing
general administrative and technical staff support; and
(f) Performing such other functions
as the Commission may deem necessary.
Sec. 13. Parliament of Youth Leaders. There is hereby
constituted the "Youth Parliament." The "Youth Parliament"
shall be initially convened not later than six (6) months upon the
full constitution of the Commission, and shall meet at the call
of the National Commission, and thereafter be convened every two
(2) years. The Youth Parliament shall have a regular session from
two (2) to three (3) days every time it is convened, but may form
task forces which may meet during the period between the convening
thereof.
Delegates to the Youth Parliament
shall be chosen by the Commission taking into consideration equal
and geographical representation among men and women. All delegates
shall be of good moral character, able to read and write, has not
been convicted of any crime involving mortal turpitude, and shall
not be more than thirty (30) years of age on the day of election
to the position by virtue of which he qualifies as a delegate and
on the day the Parliament is convened.
The delegates shall elect the President
of the Youth Parliament who shall preside during the session of
the Youth Parliament.
The Youth Parliament at the end
of each regular session shall present its proceedings, declarations
and resolutions to the Commission.
Sec. 14. Advisory Council. There shall be an Advisory
Council which shall be composed of the Secretary of the Department
of Education, Culture and Sports (DECS), as chairman, and the Secretaries
of the Department of Budget and Management (DBM), the Department
of Social Welfare and the Development (DSWD), the Department of
the Interior and Local Government (DILG), the Department of Agriculture
(DA), the Department of Foreign Affairs (DFA), Department of Labor
and Employment (DOLE), the Department of Environment and Natural
Resources (DENR), Director-General of the National Economic and
Development Authority (NEDA), the Chairman of the Philippine Charity
Sweepstake Office (PCSO), and the chairman of both Senate and House
committees dealing with youth and sports development, and the Philippine
Sports Commission (PSC), as members.
The Council shall meet once every
three (3) months, or as often as may be necessary upon call of its
chairman, advise and be consulted by the
Commission on important matters relating to youth affairs, welfare
and development.
The Council may form task forces
which shall convene between the meetings of the Council. The Commission
shall provide the technical support and the secretariat required
by the Council to function according to this Act.
Sec. 15. Appropriations. There is hereby authorized to
be appropriated the amount of Fifty million pesos (P50,000,000)
as additional funding for the Commission to be charged against the
unexpended contingency funds of the Office of the President.
Thereafter, the amount needed for
the operation and maintenance of the Commission shall be included
in the annual General Appropriations Act: Provided, That operating
expenses of the Commission itself shall not exceed fourteen percent
(14%) of the annual appropriation and that at least eighty-six percent
(86%) of said annual appropriation shall be disbursed for the national
youth development program, projects and activities.
Sec. 16. Transfer of Assets, Properties and Funds. Assets,
properties, and funds of the Pambansang
Katipunan ng Kabataang Barangay
and that of the Presidential Council for Youth Affairs under the
Office of the President pursuant to Executive Order No. 274, series
of 1987 and of all other youth-serving agencies under said Office
shall be transferred to the Commission.
Sec. 17. Effect of Separation from the Service as a Result of
this Act. Any official or employee of the Presidential Council
for Youth Affairs created under Executive Order No. 274 or any other
personnel of the national or local government separated from the
service as a result of the operation and effect of this Act may
be absorbed, if qualified, by the Commission for the good of the
service, or where qualified therefor,
may opt to transfer to another office or elect to apply for separation
pay or retirement benefits: Provided, That the official or employee
who may be absorbed by the Commission shall not suffer any loss
or diminution of pay, seniority or rank; Provided, further, that
benefits for separation or retirement of an official or employee
of the Presidential Council for Youth Affairs shall be derived from
the funds of said Council transferred to the Commission.
Sec. 18. Tax Deduction or Exemption of Donations and Contributions.
Any donation, contribution, bequest and grant which may be made
to the Commission shall constitute as allowable deduction from the
income of the donor for income tax purposes and shall be exempt
from donor's tax, subject to such conditions as provided under the
National Internal Revenue Code, as amended.
Sec. 19. Presidential Land Grant. The provisions of any
existing law to the contrary notwithstanding, the President may,
upon the authority of Congress, grant by donation, sale, lease,
or otherwise to the Commission, portion of the land of the public
domain as may be necessary for the establishment of youth development
and training centers in all regions of the country and for the accomplishment
of any of its purposes.
Sec. 20. Stamps and Gold Coins for the Youth. The Philippine Postal Corporation
and the Bangko Sentral
ng Pilipinas are hereby authorized to
print paper stamps and mint gold coins which shall depict youth
events and such other motif as they may decide at the expense of
the Commission.
Sec. 21. Separability Clause. If for any reason or reasons, any part or provision
of this Act shall be held to be unconstitutional or invalid, other
parts or provisions thereof not affected thereby shall continue
to be in full force and effect.
Sec. 22. Repealing Clause. Presidential Decrees Nos. 604
and 1191, Executive Order No. 274, Series of 1987, and all other
laws, decrees, rules and regulations, other issuance or parts thereof
which are inconsistent with this Act are hereby repealed or modified
accordingly.
Sec. 23. Effectivity Clause. This Act shall take effect upon its publication in
at least one (1) national newspaper of general circulation.
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