PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

ChanRobles On-Line Bar Review

Search for www.chanrobles.com


Bookmark and Share

PRESIDENTIAL DECREES

CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1191

(Repealed by R.A. 7160)

CONSTITUTING THE PAMBANSANG KATIPUNAN NG KABATAANG BARANGAY NG PILIPINAS, VESTING IT WITH POWERS AND ATTRIBUTES OF A CORPORATION, DEFINING ITS ROLES AND FUNCTIONS, AND FOR OTHER PURPOSES

WHEREAS, under Presidential Decree No. 684, the Pambansang Katipunan ng Kabataang Barangay ng Pilipinas was created in order to clearly define the role of the youth in the task of young people ample opportunity to express their views, aspirations and hopes;

WHEREAS, the Filipino youth, mobilized and directed by the Kabataang Barangay, have demonstrated their awareness of the country's problems and development programs and their effectiveness in helping solve these problems and implement these development programs;

WHEREAS, there is a need to streamline and strengthen the organizational structure of the Kabataang Barangay, making it more autonomous, and vesting it with attributes and powers of a corporation, to ensure the enthusiastic continuing participation of the Filipino youth in the affairs of the nation;

WHEREAS, the leaders and members of the Kabataang Barangay have demonstrated their capability to administer the affairs, activities and projects;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby promulgate the following Charter of the Pambansang Katipunan ng Kabataang Barangay ng Pilipinas.

Section 1. This Decree shall be known as the Charter of the Pambansang Katipunan ng Kabataang Barangay ng Pilipinas.

Sec. 2. Name and Location. In pursuance of the Constitutional principle that the state recognizes the role of the physical, intellectual, social, and economic well-being, there is hereby created a body corporate to be known as the Pambansang Katipunan ng Kabataang Barangay ng Pilipinas, hereinafter referred to as the KB Pambansang Katipunan and directly under the Office of the President of the Philippines.

The main executive office of the KB Pambansa Katipunan shall be in Metro-Manila.

Sec. 3. Purposes and Objectives. The Kabataang Barangay shall have the following purposes and objectives:

(1) To promote total development of the youth, in a manner consistent with the guiding philosophies of the New Society;

(2) To instill in the youth social commitment and good citizenship, and to assist them in creating a united front concerted action in helping the government in achieving the country's development goals;

(3) To supplement the efforts of the government in preparing and training both the in-school and out-of-school youth for citizenship and community life and for gainful employment opportunities so that they can participate in the fruits of development and progress;

(4) To promote, carry out and conduct scientific inter-disciplinary, and policy-oriented research, studies, training, scholarships, consultancy for the youth and help in the printing and publication of worthy youth endeavors;

(5) To encourage and assist the youth in promoting sports, social and cultural activities and in the organization of youth groups, associations and societies designed to promote the objectives of the Kabataang Barangay;

(6) To undertake any other projects or activities that contribute to the attainment of its general objectives.

Sec. 4. Nature, Powers, Functions, and Duties. The Kabataang Barangay as a body corporate shall have the powers and attributes of a corporation, including the following:

(1) To enter into contracts;

(2) To sue and to be sued;

(3) To acquire, purchase, hold, transfer and dispose of property and to encumber the same;

(4) To adopt a constitution and by-laws for its internal organization and government;

(5) To raise funds by donations, benefits, and other means for their purposes;

(6) To adopt training programs for the development of the youth and to defray the expense for the same; and

(7) To exercise and perform such other powers and functions as are necessary to carry out its purposes.

Except as otherwise provided in this Decree, the KB Pambansang Katipunan shall enjoy autonomy in the management and expenditures of its funds derived from its projects or operations, donations, and from any other source. The KB Pambansang Katipunan shall likewise enjoy autonomy in the formulation of its policies, plans, projects and programs, but the different offices and agencies of the government shall provide it with expert, technical and any other assistance upon request.

Sec. 5. Administration of the Pambansang Katipunan Ng Mga Kabataang Barangay. The Pambansang Katipunan ng Mga Kabataang Barangay Ng Pilipinas shall be administered by an Executive Committee composed of the Presidents of the thirteen (13) regional Kabataang Barangay organizations. The Members of the Executive Committee shall choose a Chairman, who shall preside over its meetings. The chairmanship shall be rotated among the members in accordance with rules and regulations that it may promulgate but the rotation shall not be more often than once every quarter. The Committee may likewise appoint other officers, including an executive director, who shall exercise the administrative powers and duties of the Committee in consultation with the Chairman.

The Committee shall promulgate rules and regulations governing the Kabataang Barangay, providing for, among others, its detailed organization, the officers of the Executive Committee and their respective powers, duties and functions, meetings of the organization, rules and regulations governing its officers and employees, and such other matters necessary for the proper operation of the KB Pambansang Katipunan.

Sec. 6. Staff Support and Staffing Pattern. The Executive Committee shall determine, prepare and approve the necessary staff support and staffing pattern and other related details of the Kabataang Barangay as may be necessary for the attainment of its purposes and objectives.

Sec. 7. Authority to Raise Funds. The KB Pambansang Katipunan is hereby authorized to receive; 1) donations, 2) bequeaths 3) the net receipts from one draw of the Philippine Charity Sweepstakes Office for which purpose the Philippine Charity Sweepstakes is hereby authorized to hold one draw every year; and 4) funds from other sources.

Sec. 8. Budget. The committee shall approve an annual budget for the KB Pambansang Katipunan and such other operating budgets as may be submitted to it by the Committee Chairman. Approval of the same by the Committee shall be final, and shall not be subject to any other approval by any Government Office, excepts as provided in the succeeding Sections.

Sec. 9. Appropriations for the Pambansang Katipunan Ng Mga Kabataang Barangay Ng Pilipinas. There is hereby not appropriated from any funds of the National Treasury not otherwise appropriated the sum of Eleven Million Pesos in the national budget for Calendar Year 1977 and the same amount every calendar year thereafter, and until otherwise provided by law.

Section 10. Administration of Government Funds. The appropriations herein provided in the preceding section shall be released to, and administered by, the Board of Trustees of the Kabataang Barangay Foundation, Inc., which is hereby authorized to administer government funds for the Kabataang Barangay: Provided, however, That the KB Pambansang Katipunan shall be given sufficient discretion in the programming of its expenditures, that twenty-five percent of the annual appropriations of Eleven Million pesos shall be immediately released to the Kabataang Barangay, and that the remaining seventy-five percent and incomes arising therefrom shall be released to the KB Pambansang Katipunan on a feasibility basis. Other funds of the KB Pambansang Katipunan from sources specified in this Decree and any other sources shall be under the executive control of the Committee.

Section 11. Autonomy of Operations. The KB Pambansang Katipunan shall be independent of all government offices and agencies in its operations. Even as it is encourage to develop active lines of coordination and communication with government offices and agencies, it shall be solely responsible for all its policies and operations. At the end of each calendar year, it shall submit an annual report of its activities, receipts and disbursements for the year, to the President of the Philippines.

Section 12. Autonomy of Financial Operations. Except as otherwise provided in this Decree the KB Pambansang Katipunan shall have control over the disbursements of its funds. In the same manner, the Executive Committee shall insure that financial autonomy shall similarly be exercised by all levels of organization in the Kabataang Barangay, whether local, regional or national. The funds of the KB Pambansang Katipunan Are declared a public trust, to be used for the benefit of the Filipino youth. These funds, therefore, shall be subject to the visitorial powers given by the Constitution to the Commission on Audit.

Section 13. Tax Exemption. The KB Pambansang Katipunan shall be exempted from all forms of taxation or other impositions, whether local or national, and shall be free from all duties and all other imposts on any equipment, articles, or goods which it may import, when reasonably necessary for use in its operations.

Section 14. Inconsistent Laws and Provisions. All provisions of decrees, orders, and other rules and regulations inconsistent herewith are hereby repealed or modified accordingly. However, all budgetary appropriations made by the different government agencies involved in Kabataang Barangay activities shall continue to be funded.

Section 15. Effectivity. This Decree shall take effect immediately.

DONE in the City of Manila, this 1st day of September in the year of Our Lord, nineteen hundred and seventy-seven.