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Martinez, Princess Anne L.

LM-431/ YPRACUM1
Atty. Quiambao, Joan Marie U.
How a bill is passed into a law in the Philippines?
1. To initiate the law-making process, the proposed bill is signed by its author and filed with the
Secretary of the either the Lower House (for congressmen) or the Senate (for senators).
2. The bill will go through three readings. On the First Reading, the number and title of the bill is read,
followed by its referral to the appropriate committee for study.
3. On the Second Reading, the bill is read in full along with amendments proposed by the committee
who studied it. The bill is then subjected to debates and discussion by the members of the House where
it was filed. After extensive discussion, the bill will be voted on. If approved, it would go through a third
reading.
4. On Third Reading, the bill will be submitted for a final vote. If approved again, it shall be transmitted
to the other House for concurrence. The other House will go through the same process of having three
readings.
5. If the other House introduces amendments and the House from which the bill originated does not
approve of the amendments, the differences will be settled by a meeting of the Conference Committees
of both Houses, whose recommendations will have to be approved by both Houses.
6. Once the bill is approved, it is transmitted to the President of the Philippines for signature.The
President may then either sign the bill to indicate approval, or veto the bill to indicate disapproval. If
approved, the bill officially becomes a law.
7. If the President decides to exercise his veto powers, the Congress may re-pass the vetoed bill if twothirds of both Houses, voting separately, approve its enactment. In this case, the bill also officially
becomes a law.

A pocket veto is a legislative maneuver that allows a president or other official with veto power to
exercise that power over a bill by taking no action (instead of affirmatively vetoing it). A veto Latin
for "I forbid" is the power (used by an officer of the state, for example) to unilaterally stop an official
action, especially the enactment of legislation.

Martinez, Princess Anne L.


LM-431/ YPRACUM1
Atty. Quiambao, Joan Marie U.
Under the United States Constitution, if the president does not sign a congressionally passed bill within
ten days after receiving it, the bill becomes law, even without his or her signature. However, if the
president neither signs nor vetoes the bill and Congress adjourns within that ten-day period, the
legislation will become law only if the president signs it. Therefore, by not signing it, the bill is
effectively killed.
As a general rule, no.
Under the Constitution, the President does not have the so-called pocket-veto power, i.e., disapproval of
a bill by inaction on his part. The failure of the President to communicate his veto of any bill represented
to him within 30 days after the receipt thereof automatically causes the bill to become a law.
This rule corrects the Presidential practice under the 1935 Constitution of releasing veto messages long
after he should have acted on the bill. It also avoids uncertainty as to what new laws are in force.
When is it allowed?
The exception is provided in paragraph (2), Section 27 of Article 6 of the 1987 Constitution which
grants the President power to veto any particular item or items in an appropriation, revenue or tariff bill.
The veto in such case shall not affect the item or items to which he does not object.

RA 10742

January 15, 2016 Sangguniang Kabatan (SK) Reforms Act of 2015

After a 3-year break, the SK, or Sangguniang Kabataan (Youth Council) is back.
This unique youth institution traces its roots from the Kabataang Barangay (Village
Youth), instituted by virtue of Presidential Decree 684, dated April 15, 1975, which
provided Filipino youth with a means and an ample opportunity to express their views.
PD 684 instituted barangay youth officials composed of a chairman and 6 members,
aged 15 to 18, chosen by their peers.

Martinez, Princess Anne L.


LM-431/ YPRACUM1
Atty. Quiambao, Joan Marie U.

Later amended by PD 935, PD 1102, other presidential decrees, and Batas Pambansa
337 in 1983, the Kabataang Barangay was suppressed during the presidency of
Corazon Aquino until the enactment of Republic Act 7160, the Local Government Code
of 1991.
Nepotism and dynastic politics were issues at its inception, with no less than the
president's daughter, Imee Marcos, serving as National Chairman of the Kabataang
Barangay.
At an open forum at the Pamantasan ng Lungsod ng Maynila (University of the City of
Manila) in August 1977, Archimedes Trajano, a student of the Mapua Institute of
Technology, questioned this arrangement, and raised the issue of human rights
violations. He was forcibly removed from the event by security personnel, and was
found dead in the streets of Manila a few weeks later, his body showing marks of
torture.

The Local Government Code of 1991


With the new Local Government Code, the Sangguniang Kabataan (Youth Council) was
reinstituted with a chairman and 7 council members, aged 15 to 21 years on election
day, and elected at large by the youth in the community aged 15 to 21 years old. A
secretary and treasurer were appointed by the SK chair from the members of the youth
council.
The youth in the community aged 15 to 21 years of age were also constituted into
theKatipunan ng Kabataan (Youth Assembly), which was mandated to convene at least
quarterly, to decide upon important issues affecting the youth of the barangay.
Similar issues of nepotism arose with this new entity, with some SK Chairmen and SK
Councilors having blood ties to incumbent local and national officials. Allegations of
corruption were also present, particularly during the elections for municipal or city
president of the SK Federation (SK Federation Presidents at the Municipal and City
level become members of the Municipal or City Council).

Martinez, Princess Anne L.


LM-431/ YPRACUM1
Atty. Quiambao, Joan Marie U.

Questions on their ability to handle large amounts of money and capability to enter into
contracts were also raised, with failures to convene the Katipunan ng Kabataan as
required by law, absenteeism from meetings, and a lack of transparency with financial
transactions being some of the complaints. The Sangguniang Kabataan as an
institution was also scored for having unsustained high-publicity and low-impact youth
projects such as sports leagues, tree-planting, and youth social engagements.

Task Force on Youth Development


Prorogued once more in 2013 by virtue of Republic Act 10632, signed into law by
President Aquino on October 3, 2013, as well as by Republic Act
10656 whichpostponed the Sangguniang Kabataan elections to the last Monday of
October, 2016, youth concerns were relegated to a little-known entity.
In the interim, an 8-member Task Force on Youth Development, ostensibly nominated
by youth organizations in the barangay, as well as by the Katipunan ng Kabataan(Youth
Assembly) and appointed by the punong barangay (village chairman) took charge over
all community youth concerns and advocacies, as well as over the SK budget, which
comprises 10% of the Barangay General Fund.
Despite calls for reform, with some for outright abolition, many remained hopeful that
the SK would live up to its promise of empowering the youth.

The Sangguniang Kabataan Reform Act of 2015


With the enactment of Republic Act 10742 on January 15, 2016, the SK received a new
lease on life.
It retains the Sangguniang Kabataan (youth council) of one chairman and seven
members, who must be aged 18 to 24 at the day of the election, elected at large by the
youth resident in the community. Each elected SK official has a 3-year term.

Martinez, Princess Anne L.


LM-431/ YPRACUM1
Atty. Quiambao, Joan Marie U.

A secretary and a treasurer from the youth of the community are also appointed by the
SK Chair, with the approval of a majority of the Sangguniang Kabataan. They serve
coterminus with the SK Chair.
The Katipunan ng Kabataan (Youth Assembly) expands its membership to include all
youth of 15 to 30 years of age, and living in the community for at least 6 months.
Instead of being required to meet at least quarterly (as mandated since 1991), the youth
assembly is now only mandated to meet once every 6 months, and to review the annual
performance and financial reports of the Sangguniang Kabataan.
Section 10 of this Act includes an anti-dynasty provision, making it the first law to
comply with Article II, Section 26 of the Constitution. As part of the qualifications of
elective SK officials, it requires that they not be related within the second degree of
affinity or consanguinity of any incumbent national, regional, or local elected official at
the city, municipality, or barangay level.

Martinez, Princess Anne L.


LM-431/ YPRACUM1
Atty. Quiambao, Joan Marie U.
INCLUSIVE PARTICIPATION. The Local Youth Development Council aims to ensure greater youth
participation in community initiatives. Rappler file image. Image behind SK logo courtesy Shutterstock.

Each province, city, and municipality now has a Local Youth Development Council,
which is required to meet every 3 months, composed of representatives of youth and
youth-serving organizations within their jurisdiction of the local government unit, who
are mandated to assist in the planning and implementation of plans and programs of
the Sangguniang Kabataan.
Each province, city, and municipality is also required to create a Youth Development
Office, with paid staff, to serve as a focal point and to provide support.

Hope in the youth


During the deliberations on the SK reform bill, National Youth Commission member
Jose Sixto Dantes III said that "(Fixing the SK) is a call to revitalize the Sangguniang
Kabataan as a viable force for youth development, service, and participation."
With the structure in place, all the SK needs now are the young people to lead this
change.
NYC Chairperson Gio Tingson hailed the law, noting that "a new era for youth
leadership has come."
"Our legislators ensured that the law was not left with a token approval. Given the antidynasty clause and the training fund, there are now more opportunities to empower our
youth leaders."

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