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Republic of the Phil iPPinesHOUSE OF REPRESENTATIVES

Quezon CitY, Metro Manila

FIFTEENTH CONGRESSFirst Regular Session

Introduced by AKBAYAN Party-List RepresentativesHon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

The enactment of the Local Government Code of 1991 provided an opportunity for thecountry's youth to have a plafform where they can engage and pafticipate in local governance,It allowed for the ailocaticln of a portion of barangay funds for the implementation of youth-related projects a;rd programs and it has given representation for the youth in higher localgoverrrance organs. It is a unique set up that has provided possibil i t ies for progressiveinterventions to advance meaningful youth participation, enhance access to education andyouth employment, and democratize delivery of social services for the sector,

Yet to tlre frustration of many, the current Sangguniang Kabataan set-up has proven tobe flawed. Corruption is rampant, especially in barangays where the vested interests of someSK officials are in collusion with orher barangay officials. Programs and projects are seen aslacking in imaqination and have largely been limited to sportsfests and beauty pageants. Whatcould have been a powerful and relevant youth institution has been reduced in the eyes of thegeneral oublic as a symbol of corruptrcn, polit ical disenfranchisement and patronage polit ics.

The solution to these problems, however, is NOT the abolit ion of the SangguniangKabataan, Doing so is to contradict the entire essence of the devolution of the governrnent,which ls to enhance and deepen the empowerrnent of the people at the local level. Deepeningdemocracy itr the uiay we organize our polit ics entails having relevant and accessible localgovernrnent urtits, where the people - in this paftrcuiar case, the country's youth - having directand meaningful pafticipation in the affairs of the State.

Putting the SK on the right track requires an overhaul of its set-up. The l(atipunan ngmga Kabataan must be empowered to give tl-,e body oversight powers to make SK officialsaccountable to their constituency in terms of clear processes in development planning,budgeting and disbursement of funds. The involvement of youth-oriented civil societyorganizations must also be enhanced through the creation of a youth development council(Kat ipunang Pangkaunlaran ng mga Kabaatan) that has representat ion in the SK and has themandate to draft the SK's annual youth development plan. Access to power should also bedemocratized as a way to avoid corruption and patronage through the introduction of an anti-dynasty clause in the SK, thus enabling the constitLit ional provision against polit ical dynasties ingovernance (Section 26, Article II). These are but sonre of the reforms that must be undertakento restore the trust of the youth to the SK and to make the youth body a meaningful instrumentfor youth empowerment at the barangay level,

To achieve these goals, the prompt enactment of this bil l is earnestly sought.

' _\ /_. 'House Bi l l No. _

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Hon. WALDEN BELLOAkbayan Representativentative

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Republ ic of the Phi l ippinesRepublic of the Phil ippines

HOUSE OF REPRESEIUTATIVESQuezon City, Metro Manila

FIFTEENTH CONGRESSFirst Regular Sesslon

J; ' , , " ;House Bi l l No.

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Introduced by AKBAYAN Pafi-List RepresentativesHon. Kaka Bag-ao and Hon. Walden Bello

AN ACTTO R.EFORM AND STRENGTHEN THE SANGGUNIANG KABATAAN (SK), AMENDING

FOR THAT PURPOSE REPUBLIC ACT NO. 71,60, OTHERWISE KNOWN AS THE LOCALGOVERNMENT CODE OF THE PHILIPPINES AND FOR OTHER PURPOSES

Be it enacted by the ienate and the House of Representatives of the phi/ippines in CongressAssemb/ed.

SECTION L. Tit le' - This Act shall be known as "The Sanguniang Kabataan Reform andEmpowerment Act o f 2010."

Sec. 2. Creation and Election - Section 423 of Republic Act 7160 is herebv amended toread as fo l lows:

SEC. 2123. Creation and Election. - (a) There shall be in every barangay a sangguniangkabataan to be composed of a CHAIRPERSON, seven (7) ELECTFD members, TWO 1Z) eX-OFFICIO MEMBERS, a secretary and a treasurer,

(b) A SANGGUNIANG KABATAAN OFFICIAL WHO, DURING HiS OR HER TERM OFOFFiCE, SHALL HAVE PASSED THE AGE OF TWENry-FIVE (25) YEARS SHALL BE ALLOWED TOSERVE THE REMAINING PORTION OF THE TERM FOR WHICH HE OR SHE WAS ELECTED.

Sec. 3. Katipunan ng mga Kabataan - Section 424 of Republic Act 7160 is herebvamended to read as fol lows:

:(

section 424. Katipunan ng mga Kabataar). - THERE SHALL BE IN EVERY BARANGAY AKatipunan rrg lxga Kabataan TO be composed of al l cit izens of the Phil ippines actually residingin the barangay for at least six (6) months, who are f i f teen (15) but not more than TWENTy-FIVE (25) years of age, and who are duly registered in the l ist of the Sangguniang Kabataan orin t lre off icial barangay l ist in the custody of the barangay secretary.

Sec. 4. Powers and Duties of the Katipunan ng mga Kabataan - Sectio n 425 ofRepublic Act 7160 is hereby amended to read as fol lows:

SECTION 425, POWERS AND DUTIES OF THE KATIPUNAN NG KABATAAN. -

(A) THE KATIPUNAN NG KABATAAN SHALL BE THE HiGHEST POLICY-I4AKING BODY TODECiDE ON MATTERS AFFECTING THE YOUTH OF THE BARANGAY. ALL PLANS ANDPROGRAMS OF THE SANGUNIANG KABATAAI\ HAS TO BE APPROVED BY THEKATIPUNAN NG KABATAAN;

r20121 (B) THE KATiPUNAN NG KABATAAN MAY REPRIMAND, CENSUR.E OR REMOVE ANY

122 SANGGUNIANG KABATAAN MEMBER WHO HAS FAILED TO DISCHARGE HIS OR HERI2J DUTIES EFFECTIVELY, OR I-.AVE COMMITTED OTHER ABUSES AS STIPULATED IN121 EXISTING LAWS ON PUBLIC OFFICIALS, THROUGH A 213 MAJOR.ITY VOTE;

126 (C) THE KATIPUNAN NG KABATAAN SHALL MEET AT LEAST TWICE A YEAR OR AT THE127 CALL OF THE CHAIRPERSON OF THE SANGGUNIANG KABATAAN. THE FIRSTI28 KATIPUNAN NG KABATAAN MEETING SHALL TAKE PLACE NOT LATER THAN THREE (3)\29 MONTHS AFTER THE PROCLAMATION OF THE RESULTS OF THE PRECEDING SKI 30 ELECTIONS AND SHALL BE CONVENED BY THE SANGGUNIANG KABATAAN] 3 I CHAIRPERSON. FOR THE SUCCEEDING MEETINGS AND FOR PURPOSES OFIJ2 FACII-iTATION, THE KATIPUNAN NG KABATAAN I4AY CHOSE AIVIONG ITS TVIEMBERS AI3J KATIPUNAN CHAIRPERSON;134I]5 IN CASE THE MEMBERS1JIP OF THE KATIPUNAN NG KABATAAN EXCEEDS FIVEI3(I HUNDRED (5OO), THE REGULAR MEETINGS OF THE KATIPUNAN MAY BE ORGANIZED137 ON THE BASIS OF A PROPORTIONAL SYSTEM OF REPRESENTATION AS DETERMINEDi38 BY TIIE SANGGUNIANG KABATAAN IN COORDINATION WITH THE SANGGLINIANG139 BARAIIGAY.l,+i)I4I (D)THE KATIPUNAN NG KABATAAN MAY CREATE SUCH BODIES AND COMMITTEES AS IT112 MAY DEEM NECESSARY TO FULFILL TTS FUNCTIONS AND DUTIES.1 ,13I ,+-+l '+.5 Sec.5. Katipunang Pangkaunlaran ng Kabataan.- (a) There shall be in every Katipunanl '16 ng Kabataan a Katipunang Pangkaunlaran ng Kabataan, a body that shall develop the117 development programs and activit ies of the Sangguniang Kabataan and shall serye as i ts civi lI -+ll society arm.l J i 9

l ,)0 (b) -fte

Katipunang Pangkaunlaran ng Kabataan shall be composed of representativesl- i I from different youth organizations and associations operating in the barangay. Its f irst assemblyl-52 shall be convened by the Sangguniang Kabataan Chairperson prior to the f ir-st Katipunan nql , ) i Kabataan meet ing.1.5-+l - i ,5 (c) T l - re Kat ipunang Pangkaunlaran ng Kabataan shal l develop, a long wi th thel -56 Sangguniang Kabataanr an annual youth development p ian tbr the barangay, and shal l moni tor157 i t s imp lemen ta t i on .l -51{159 (d) The Kat ipunang Pangkaunlaran ng Kabataan shal l e lect among i ts mernbers two (2)160 ex-off icio representatives to the Sangguniang Kabataan that shall have the same powers anoi ( r l d ischarqe the sarne dut ies and funct ions as the Sangguniang Kabataan menrbers. The e lect ionsl6l of the representa[ives shall be faci l i tated by the Sangguniang Kabataan in coordination with thel6 l Commiss ion on Elect ions.l 6 -+l6 - il66 Sec. 6. Powers and Duties of the Sangguniang Kabataan - Section 426 of Republic Act167 7160 is hereby amended to read as fo l lows:l 6 f i169 Sect ion 426. Powers and DUTIES of the Sangguniang Kabataan - The Sangguniang170 Kaba taan sha l l :171172 (a ) XXX173 (b) INITIATE AND IMPLEMENT PROGRAMS THAT AIM TO PROMOTE MEANiNGFUL YOUTH174 PARTICIPATION, ACCESSIBLE EDUCATION, YOUTH EMPLOYMENT, ACTIVEI7.5 CITIZENSHIP, SEXUAL AND REPRODUCTIVE HEALTH, SPORTS AND SUSTAINABLE176 DEVELOPMENT;111 (c) XXXr78 (d) xxx

1tq (e) Submit and present annual and end-of-[erm PROGRAM AND FINANCIAL reports to the

180 Sangguniang Bararrgay, KATIPUNAN NG KABATAAN, AND KATIPUNANG

l8l PANGKAUNLARANG NG KABATAAN on their projects and activit ies for the survival andl8 l development of the youth in the barangay;IIt ] (D CONSULT AND COORDINATE WTIH THE KATIPUNAN NG KABATAAN, KATIPUNANGI81 PANGKAUNLARAN NG KABATAAN AND DIFFERENT YOUTH ORGANIZATIONS IN THEI8.i BARANGAY FOR PCLICY FORMULATION AND PROJECT IMPLEMENTATION;I t i ( r (q) XXXI87 (h) COORDINATE AND COOPERATE WITH THE SANGGUNIANG BARANGAY ON OTHERIsIt YOIJTH-RELATED PROJECTS AND PROGRAMS THAT THE SANGGUNIANG BARANGAYI89 WISHES TO INITIATE AND IMPLEMENT;reo ( i ) xxxI9I (]) PRESENTTO THE KATIPUNAN NG KABAI-AAN ITS ANNUAL PROGRAM OF ACTION ANDI92 ITS BUDGET; ANDI9J (K) DEVELOP AND IMPLEMENT A SANGGUNIANG KABATAAN GUIDELINES IN LINE WITHI9.1

' fHE DUTIES AND PRINCIPLES OUTLINED IN THIS ACT

l9 -5196 Sec. 7. Qualifications. - Section 428 of Republic Act 7160 is hereby amended to read as197 fol lows:l c )8199 Section 428. Qualif ications, - An elective member of the Sangguniang Kabataan must200 have fo l lowing qual i f icat ions:201202 A. HE OR SHE MUST BE A CITIZEN OF THE PHILIPPIIIES;20320.+ B. HE OR SHE MUST BE A QUALIFIED MEN1BER OF THE KATIPUNAN NG KAEATAAN;2052(Xr C. HE OR SHE MUST BE BETWEEN FIFTEEN (15) TO TWENry FIVE vEAR,S OLD (25),207 EXCEPT FOR THE SANGGUNIAN KABATAAN CHAIRPERSON, WHO MUST NOT BE20rj BELOW ETGHTEEN (18) YEARS OLD;20e2IO D. HE OR SHE MUST BE A RESiDENT OF THE BARANGAY AT LEAST ONE (1) YEAR] I I IMMEDIATELY PRIOR TO ELECTION;2 t22I] E, HE OR SHE MUST BE ABLE TO READ AND WRITE FILIPINO, ENGLISH, OR THE2I"I LOCAL DIALECT;? l s

1i,., F. HE OR SHE MUS-| NOT HAVE BEEN COI'\jVICTED OF ANY CRIME INVOLVING MORAL217 TURPiTUDE;I l r J2I9 G. I iE OR SHE MUST NOT HAVE ANY REIJ\TIVE IN ELECTIVE PUBLIC OFFICE WITHIN220 THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY.)21222 Sec. 8. Term of Office. - Section 479 of Republic Act 7150 is hereby amended to read as223 follows:22122-5 Section 429. Term of off ice - The sangguniang kabataan CHAIRPERSON and memDers226 shall hold off lce for a period of three (3) years unless sooner removed for cause as provided by)27 law, permanently incapacitated, die or resign from off ice. NO MEMBER OR CHAIRPERSON OF228 THE SANGGUNIANG KABATAAN SHALL SERVE FOR MORE THAN THREE (3) CONSECUTIVE229 TERI'v]S.230231 Sec. 9. Sangguniang Kabataan CHAIRPERSON. - Section 430 of Republic Act 7160 is232 hereby amended to read as fol lows:

233 Section 430. 9'angguniang Kabataan C\|AIRPERSON. - The registered voters of thel i -+ kat ipunan ng kabataan shal l e lect the chai rperson of the sangguniang kabataan who shal ll l -5 automatical ly serve as an ex-off icio member of the sangguniang barangay upon his assumption216 to off ice. As such, the CHAIRPERSON shall exercise the same powers, disclrarge the same)31 dut ies and funct ions, and enjoy the same pr iv i leges as the regular sangguniang barangay

238 members, and shal l be the CHAIRPERSON of the COMMITIEE ON YOUTH DEVELOPMENT in the139 sa id sanggun ian .

240?-11 Section LO. Powers and Duties of the Sangguniang Kabataan Chairperson - Section212 43L of Republic Act 7160 is hereby amended to read as fol lows:

2.+3 Section 437. Powers and Duties of the Sangguniang Kabataan CHAIRPERSON. - THE214 SANGGUNIANG KABATAAN CHAIRPERSON SHALL HAVE THE FOLLOWING DUTIES:

l-+,i (a) Cail and preside over al l meetings of the sangguniang kabataan, AND UPON THE].I(I DECISION OF-THE BODY, THE KATIPUNAN NG KABATAAN;

)17 (b) ENSURE THE IMPLEMENTATION OF policies/ programs, and projects within his ORl-+t t HER jur isd ic t ion in coord inat ion wi th the sangguniang barangay ;

l+9 (r-) Exercise general supervision over the affairs and activit ies of the sangguniang150 kabataan and the off icial conduct of i ts mernbers, and such other off icers of the sangguniangl -51 kabataan wi th in h is OR HER jur isd ic t ion;

l . i t (d) xxx;

] .53 (C) PRESENT TO THE KATIPUNAN NG KABATAAN AI{D SANGGUNIANG BARANGAY THE2,5.+ SANGGUNIANG KABATAAN'S ANNUAL PROGRAM OF ACTION AND FINANCIAL REPORT;

2-5-5 (F) Exercise such other powers and perform such other duties ancJ functions as mav De2,56 prescribed by law or ordinance; AND,

257 (G) COORDINATE WITH THE.SANGGUNIANG BARANGAY FOR THE YOUTH-RELATED2,5I] PROJECTS AND PROGRAMS OF THE SANGGUNIANG KABATAAN.

l-)9 Section LL. Powers and Duties of the Sangguniang Kabataan Secretary. - Section 432160 of Republic Act 2160 is hereby amended to read as fol loyvs:

261 Section 432. Sangguniang Kabataan Secretary. - Tlre sangguniang kabataan secrerary262 shai l :

263 (a) XXX

264 (b) xxx

2(r-5 (c) XXX

266 (d) Perform such other duties and discharqe such other functions as the CHAIRpERSON267 of the sangguniang kabataan may prescribe or direct.

26ti Section 12. Powers and Duties of the Sangguniang Kabataan Treasurer. - Section 433269 of Republic Act 7160 is hereby amended to read as follows:

210 Section 433' Sangguniang Kabataan Trea^surer. The sangguniang kabataan treasurer27 | sha l l :

272 (a) XXX

273 (b) xxx

271 (c) XXX

27s (d) xxx

276 (e) Submit to the KATIPUNAN NG KABATAAN, sangguniang kabataan and to the277 sangguniang barangay cert i f ied and detai led statements of actual income and expenditures at278 the end of every month; and

27928t)

(f) Perform such other duties and discharge suclr other functions as the CHAIRPERSONof the sangguniang kabataan may prescribe or direct.

Section L3, Privileges of Sangguniang Kabataan officials - Section 434 of Republic Act7160 is hereby amended to read as fol lows:

Section 434. Privi leges of the Sangguniang Kabataan Off icials - (A) The SangguniangKabataan CHAIRPERSON shall have the same privi leges enjoyed by other sangguniangbarangay off icials under this Code subject to such requiremenis and l imitations provided herein.

(B) ALL REGULAR SANGGUNiANG KABATAAN KAGAWADS SHALL RECEIVE HONORARIA.ALLOWANCES AN]D SUCH OTHER EMOLUMENTS AS MAY BE AUTHORIZED BY tAW ORBARANGAY, MUNiCIPALITY OR CIry ORDINANCE II\ ACCORDANCE WITH THE PROVISIONS OFTHIS CODE, BUT IN NO CASE SHALL ir BE LESS THAN ONE THOUSAND PESOS (p1, 000.00)PER MONTH: PROVIDED, HOWEVER, THAT THE ANY ADDITIONAL HONORARIA, AL-LOWANCESAND SUCH O-IHER EMOLUMENTS I 'HAT ARE TO BE TAKEN FROM THE SANGGUNIANGKABATAAN FLJNDS SHALL BE FIRST APPROVED BY THE KATIPUNAN NG KABATAAN.

(C) DURING THEIR INCUMBENCY, SANGGUNIANG T"ABATAAN OFFICIALS, INCLUDINGTHE EX-OFFICIO REPRESENTATIVES, SHALL BE EXEMPT FROM PAYMENT OF TUITION ANDMATRICULA'|ION FEES WHILE ENROLLED IN PUBLIC TERTIARY SCHOOLS, INCLUDING STATECOL.LEGES AhJD UNIVERSNIES. THE NATIONAL GOVERNMENT SHALL REIMBURSE SAIDCOLLEGE OR LJNIVERSN-Y THE AMOUNT OF THE TUITION AND MATRICULATION FEES:PROVIDED, TI]AT, TO QUALIFY FOR THE PRIVILEGE, THE SAID OFFICIALS SHALL ENROLL INTHE STATE COLLEGE OR UNIVERSITY WITHIN THE REGION OF THE BARANGAY WHERE THESANGGUNIANG KABATAAN OFFICIAL IS SERVING.

Section 14' Removal from Office, Succession and Filling of Vacancies. - Section 435 ofRepublic Act 7160 is hereby amended to read as fol lows:

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i07 Section 433' REM?VAL tRoM )FFICE, Succession, and Filling of Vacancies. - A. THE308 FOLLOWING SHALL BE GROUNDS FOR REMOVAL FROM OFFICE FOR SANGGUNIANGJ09 KABATAAN CHAIRPERSON AND MEMBERS:

J IO (A) ABSENCE WITHOUT VALTD REASONS FoR THREE CoNSECUTIVE MoNTHS;JI I (B) FAiLURE TO CONVENE MEETINGS OF THE KATIPUNAN NG KABATAAN AND] I2 SANGGUNIANG KABATAAITI;I l i (c) coNVICTIoN oF A CRIME INVOLVING MORAL TURPITUDE; ANDJ14 (D) VIOLATiON OF EXISTING LAWS AGAINST GRAFT AND CORRUPTION AND OTHERJ I. i CIVIL SERVICE LAWS,

J 1(I B. A SANGGUNIANG KABATAAN CHAIRPERSON OR MEMBER IS DEEMED ELIGIBLE FOR317 REPLACEMENT IF HE OR SHE REFUSES TO ASSUME OFFICE, FAILS TO QUALIFY,3III VOLUNTARiLY RESIGNS, DIES OR IS PERMANENTLY INICAPACITATED.

J I9 C. IN CASE THE SANGGUNIANG KABATAAN CHAIRPERSON IS REMOVED FROM OFFICE320 OR BECOMES ELIGIBLE FOR REPLACEMENT, THE SANGGUNIANG KABATAAN MEMBER WHO321 RECEIVED THE HIGHEST NUMBER OF VOTES SHALL ASSUME THE OFFICE OF THE322 CHAIRPERSON FOR THE UNEXPIRED PORTION OF THE TERM, AND SHALL DISCHARGE I-HE323 POWER AND DUTIES, AND EN]OY THE RIGHTS AND PRiVILEGES APPURTENANT OF THE324 OFFICE. IN CASE THE SAID MEMBER REFUSES OR FAILS TO QUALiFY, THE SANGGUNIANG325 KABATAAN MEMBER WHO RECEIVED THE NEXT I.I IGF|EST OF VOTES SHALL ASSUME THE326 OFFICE OF THE CHAIRPERSON FOR THE UNEXPIRED PORTION OF THE TERM. IN CASE ALL327 MEMBERS OF THE SANGGUNIANG KABATAAN REFUSES TO ASSUME OFFICE OR FAILS TO32Ii QUALIFY, A SPECIAL ELECTION IN A KATIPIJNAN NG KABATAAN SHALL BE CONVENED

i l9 FTFTEEN (15) DAYS AFTER THE VAC'ANCY IN COORDINATION WITH THE COMMISSION ON-130 ELECTIONS AND THE SANGGUNIANG BARANGAY TO ELECT A NEW CHAIRPERSON.

331 D. IN CASE OF VACANCY iN THE POSITIONS OF I-HE SANGGUNIANG KABATAAN33] KAGAWAD, THE CHAIRPERSON OF THE SANGGUNIANG KABATAAN SHAI-L CONVENE A333 SPECIAL MFETING OF THE KATIPUNAN NG KABATAAN TO ELECT MEMBERS FOR THE334 VACATED POSiTIONS, PROVIDED THA| SUCH ELECTION SHALL BE CONDUCTED IN3J5 COORDINAI-ION WITH THE COMMISSION ON ELECI]ONS AND THE SANGGUNIANG336 BARANGAY.

337 Section t5. Earangay funds. - Seciion 329 of Republic Act 7160 is hereby arnended to reao338 as fo i lows:

339 Section 329. Barangay funds. - Al l the income of the barangay from whatever sourcei '+0 shall accrue to i ts general fund and shall , at the option of the barangay concerned, be kepr as3'+l trust fund in custody of the city or municipal treasurer or deposited in a bank, preferably3'+l government-owned, situated in or nearest to i ts area of jurisdict ion. At least ten percent (10%)343 of the genera l fund of the barangay shal l be set as ide for the sangguniang kabataan. THEJ:I,+ SANGGUNIANG BARANGAY SHALL APPROPR,IATE TIIE SANGUNIANG KABATAAN FUND IN LUMP3.I5 SUM. THE SANGGUNIANG KABATAAN SHALL HAVE FISCAL AUTONOMY IN IT5 OPERATIONS ASJ16 TO THE DISBURSEMENT AND ENCASHMENT OF

-|HEIR INCOME AND EXPENSES: PROVIDED,

317 THAT THE ALLOCATiON OF THE FUNDS SHALL BE APPROVED BY THE KATIPUNAN NG3.+IJ KABATAAN AND THAT MECHANISM FOR REVIEW OF THE ALLOCATION AND DISBURSEMENTJ49 OF FUNDS BY THE KATIPUNANG PANGKAUNLARAN NG KABATAAN SHALL BE ESTABLISHED.

Section L6. Appropriations. - Such sum as may be necessary for the implementation of theprovisions of this Act is hereby authorized to be incorporated in the Annuar GeneralAppropriat ion Act.

Section L7. Sep,zrability Clause. - If any section or provision of this Act shall be declaredunconstitut ional, Olher provisions not affected shall continue to be in ful l force and effect.

Section L8. Repealing clause. - All laws, presidential decrees, executive orders, rules andregulations, or pafts thereof, inconsistent with this Act, are hereby repealed or modif iedaccord ingly

Section 2O. Effectivity. Ihis Act shall take effect fifteen (15) days after its publication in atleast two (2) newspapers of general circulation.

Approved,