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This page features the full text of
Republic Act No. 8044
Youth
in Nation-Building Act
AN
ACT CREATING THE NATIONAL YOUTH COMMISSION, ESTABLISHING A NATIONAL
COMPREHENSIVE
AND COORDINATED PROGRAM ON YOUTH DEVELOPMENT, APPROPRIATING FUNDS
THEREFOR,
AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 8044
AN
ACT CREATING THE NATIONAL YOUTH COMMISSION, ESTABLISHING A NATIONAL
COMPREHENSIVE
AND COORDINATED PROGRAM ON YOUTH DEVELOPMENT, APPROPRIATING FUNDS
THEREFOR,
AND FOR OTHER PURPOSES.
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.chan
robles virtual law library
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;
chanrobles virtuallaw libraryred(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:chanroblesvirtualawlibrary
(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;
chanrobles virtuallaw libraryred(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.chan
robles virtual law library
Sec.
4. Definition of Terms. — For
purposes of this Act. the following terms are hereby defined:chanroblesvirtualawlibrary
(a) "Youth"
shall refer to those persons whose ages range from fifteen (15) to
thirty
(30) years old;chanrobles virtuallaw libraryred(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.chan
robles virtual law library
Sec.
5. National Youth Commission.
— There is hereby created the "National Youth Commission," hereinafter
referred to as the "Commission".
chanrobles virtuallaw libraryred
It
shall be composed of the following:chanroblesvirtualawlibrary
(a) A
chairman;chanrobles virtuallaw libraryred(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.
chanrobles virtuallaw libraryred
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.chan
robles virtual law library
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;chanrobles virtuallaw libraryred(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:chanroblesvirtualawlibrary
(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;chanrobles virtuallaw libraryred(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:chanroblesvirtualawlibrary
(a) To
formulate and initiate the national policy or policies on youth;chanrobles virtuallaw libraryred(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;chan
robles virtual law library
(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.
chanrobles virtuallaw libraryred
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;chanrobles virtuallaw libraryred(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.chan
robles virtual law library
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.cralaw:red
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.chan
robles virtual law library
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.
Approved:
June 7, 1995
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