Republic of the Philippines Congress of the Philippines Metro Manila Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, nineteen hundred and ninety-four. [ 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Title – This Act shall be known as the ” Youth in Nation-Building Act”. SECTION 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 appropriate 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:
SECTION 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:
SEC. 4. Definition of terms – For purposes of this Act, the following terms are hereby defined :
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:
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 appointed commissioners shall serve for 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 commissioners 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 a 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 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:
SEC. 9. Powers of the Commission. – The Commission shall have the following powers:
SEC. 10. Functions of the Commission. – The Commission shall have the following functions:
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 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:
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 from 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 moral 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 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 Development (DSWD), the Department of Interior and Local Government (DILG), the Department of Agriculture (DA), the Department of Foreign Affairs (DFA), the Department of Labor and Employment (DOLE), the Department of Environment and Natural Resources (DENR), the Director-General of the National Economic and Development Authority (NEDA), the Chairman of the Philippine Charity Sweepstakes Office (PCSO) and the Chairmen 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 maybe 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 (P50,000,000.00) 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 Kabataan 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 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 beheld 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 Decree Nos. 604 and 1191, Executive Order No. 274, series of 1987, and all other laws, decrees, rules and regulations, other issuances 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, (Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR. This Act which is a consolidation of H.B. 11614 and S.B. No. 1977 was finally passed by the House of the Representatives and the Senate on June 2, 1995. (Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO Approved: June 07, 1995 (Sgd.) FIDEL V. RAMOS |