2001 kk & sk cbl cy 2011 (sv)

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2001 KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN CONSTITUTION AND BY-LAWS Resource Speaker: Louie C. Manarpiis, Ph.D. LGOO V

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Page 1: 2001 KK & SK CBL CY 2011 (SV)

2001 KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN

CONSTITUTION AND BY-LAWS

Resource Speaker:

Louie C. Manarpiis, Ph.D.LGOO V

Page 2: 2001 KK & SK CBL CY 2011 (SV)

Legal Bases

Page 3: 2001 KK & SK CBL CY 2011 (SV)

Article II, Section 13 of the 1987 Philippine Constitution

“The State shall recognize the vital role of the youth in nation building and shall thus promote and protect their physical, moral, spiritual, intellectual and social being.”

Page 4: 2001 KK & SK CBL CY 2011 (SV)

Section 437, Chapter 9, Book III of Republic Act (RA) No. 7160

“Constitution & By-Laws – The term of office, manner of election, removal & suspension of the officers of the pederasyon ng mga SK all levels shall be governed by the constitution & by-laws of the pederasyon in conformity with the provisions of the LGC of 1991 & national policies on youth.”

Page 5: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

ATTEN / TION

Page 6: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

ATTEN / TION

Answer:

Divided attention

Page 7: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

M N

A

M N

Page 8: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

M N

A

M N

Answer:

X-Men

Page 9: 2001 KK & SK CBL CY 2011 (SV)

Article VI: Settlement of Controversies

Page 10: 2001 KK & SK CBL CY 2011 (SV)

Article VI: Settlement of Controversies

Controver-sies in…

Investigation & Decision shall be under the…

Where to Appeal?

KK SK of the Barangay concerned

Panlungsod/Pambayang PSK Last recourse to the Panlalawigang PSK

Page 11: 2001 KK & SK CBL CY 2011 (SV)

Article VI: Settlement of Controversies

Controver-sies in…

Investigation & Decision shall be under the…

Where to Appeal?

SK Chairman or SK Kagawads or SK as a collective body

Panlungsod/ Pambayan PSK

Last recourse -Panlalawigang PSK

Page 12: 2001 KK & SK CBL CY 2011 (SV)

Article VI: Settlement of Controversies

Controversies in… Investigation & Decision shall be under the…

Panlungsod/Pambayan PSK Pres. or Panlungsod/Pambayan PSK as a whole

Panlalawigang PSK

Panlalawigang PSK Pres. or Panlalawigang PSK as a whole

SK National Executive Board

Page 13: 2001 KK & SK CBL CY 2011 (SV)

Article VI: Settlement of Controversies

Sec. 5. In all instances, decisions should be voted by a majority of all the members of the council or pederasyon

Page 14: 2001 KK & SK CBL CY 2011 (SV)

Article VI: Settlement of Controversies

Sec. 6. All decisions shall be final & executory without prejudice to appeal provided herein.

Page 15: 2001 KK & SK CBL CY 2011 (SV)

Article VII: The Local Executive Committee

Page 16: 2001 KK & SK CBL CY 2011 (SV)

Article VII: The Local Executive Committee

Sec. 1. Each lower Pederasyon shall have its own Local Executive Committee composed of all the elected officers of the pederasyon, which shall be known as follows:

Page 17: 2001 KK & SK CBL CY 2011 (SV)

Article VII: The Local Executive Committee

Sec. 1. Each lower Pederasyon…SK Prov’l Executive Committee

(SKPEC) for the Prov’l PederasyonSK City Executive Committee

(SKCEC) for the City Pederasyon SK Municipal Executive Committee

(SKMEC) for the Mun. Pederasyon

Page 18: 2001 KK & SK CBL CY 2011 (SV)

Article VII: The Local Executive Committee

Sec. 1. Each lower Pederasyon…

The Pederasyon concerned can add additional members to their respective LEC, as they deem necessary.

Page 19: 2001 KK & SK CBL CY 2011 (SV)

Article VII: The Local Executive Committee

Sec. 2. The officers of the Panlalawigang, Panlungsod & Pambayan PSK to compose the LEC & to be elected are as follows:

1. President 5. Auditor

2. Vice President 6. PRO

3. Secretary 7. Sgt.-at-Arms

4. Treasurer

Page 20: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Page 21: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 1. (a) All SK Budgets approved by a majority of the seven (7) members of a particular SK shall be submitted to the SKCEC/SKMEC on or before the last working day of October of every year.

Page 22: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 1. (a) …The SKCEC/SKMEC shall review for approval & deliberate on the budget whether the same conforms with the thrusts & policies of the national, provincial, city or municipal federations, before the last working day of November every year.

Page 23: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 1. (a) …All approved budgets shall be certified as approved by the President of the Panlungsod/ Pambayan PSK as the case may be

Page 24: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 1. (b) For the SKCEC/SKMEC, they shall submit the approved SK budgets of the respective members SK to the office of the Panlalawigang PSK for their information & guidance.

Page 25: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 1. (c) All re-alignments in barangay SK budgets should be submitted to the SKCEC/SKMEC & shall certify as approved by the Panlungsod/ Pambayan PSK President

Page 26: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 1. (d) All budgets & realignments should be deliberated & approved by the majority of the members of the SKCEC/SKMEC concerned during its regular or special meeting

Page 27: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 2. (a) All City/Mun. Federation shall prepare their own budgets within the fiscal year & the same shall be submitted before the SKPEC for the deliberation, review & approval, to be consistent with its thrusts, policies & programs.

Page 28: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 2. (a) … All approved budgets shall be certified as approved by the President of the Panlalawigang PSK

Page 29: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 2. (b) All re-alignments of Panlungsod/Pambayan PSK budgets should be submitted to the SKPEC for its review & shall be deliberated during the regular or special meeting of the SKPEC & shall be certified as approved by the President of Panlalawigang PSK

Page 30: 2001 KK & SK CBL CY 2011 (SV)

Article X: Procedure for Reviewing the Budget

Sec. 2. (c) All budgets & realignments should be deliberated & approved by the majority of the members of the SKPEC during its regular or special meeting

Page 31: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

T T

O O

W W

E E

R R

S S

Page 32: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

T T

O O

W W

E E

R R

S SAnswer:

Twin Towers

Page 33: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

R / E / A / D

Page 34: 2001 KK & SK CBL CY 2011 (SV)

Use your imagination…

R / E / A / D

Answer:

Read between the lines

Page 35: 2001 KK & SK CBL CY 2011 (SV)

Article XI: Allocation of SK Funds

Page 36: 2001 KK & SK CBL CY 2011 (SV)

Article XI: Allocation of SK Funds

Sec. 1. The budget submitted for review to the Pambayang, Panlungsod & Panlalawigang Pederasyon should include allocation for the following with their prescribed percentages;

Page 37: 2001 KK & SK CBL CY 2011 (SV)

Article XI: Allocation of SK Funds

Sec. 1. The budget… Green Brigade - 10% Livelihood - 10% Capability-building - 10% Anti-Drug Abuse Campaign - 10%

Page 38: 2001 KK & SK CBL CY 2011 (SV)

Article XI: Allocation of SK Funds

Sec. 2. Fifty-eight percent (58%) shall be allocated by the SK for the following concerns: Educ. Service & Moral Recovery Prog.;Health Service & Adolescent

Reproductive Health Program;Disaster Coordination & Calamity

Mngt.;

Page 39: 2001 KK & SK CBL CY 2011 (SV)

Article XI: Allocation of SK Funds

Sec. 2. Fifty-eight percent…Sports Development Activities;Community Immersion; Infrastructure Projects;Legislative Work & Involvement; &Other Dev’t Programs vital for the

youth

Page 40: 2001 KK & SK CBL CY 2011 (SV)

Article XI: Allocation of SK Funds

Sec. 3. Annual Dues – 2%; Appropriation:40% goes to the Pambayang/

Panlungsod PSK20% goes to the Panlalawigang PSK20% goes to the Regional Council20% goes to the Pambansang

Pederasyon

Page 41: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Page 42: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 6. (a) The Panlalawigang, Panlungsod & Pambayang PSK shall be convened at least once a month, at the time & place specified by the Pederasyon concerned.

Page 43: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 6. (b) Special Meeting of the Pederasyon can be called by at least 1/3 (33%) of its members by giving a written notice to all the members thereof, of date, time, place & agenda at least five (5) days before the meeting

Page 44: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 7. (1) An SK National Congress shall be called every year for the purpose of a Comprehensive Consultation on the SK issues & concerns.

Page 45: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 7. (1)… For this purpose, the congress shall be composed of all elected SK officials from the barangay to the national level. The presence of at least three hundred (300) official delegates shall constitute a quorum during the said Congress

Page 46: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 7. (2) There shall also be an SK Congress at all local levels to be composed of the following:

a) SK Regional Congress – All Panlalawigang, Panlungsod & Pambayan PSK President within the Region

Page 47: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 7. (2) There shall…

b) SK Prov’l Congress – All Panlungsod & Pambayan PSK President and the SK Chairpersons within the Province

c) SK City/Mun. Congress – All SK Chairpersons & SK Kagawads

Page 48: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 7. (2) There shall…

d) Quorum – 1/3 of all the members of the respective SK Local Congress

Page 49: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 8. The SKPEC/SKCEC/SKMEC shall meet once every quarter or upon the call of the Pederasyon or at least three (3) of its member.

Page 50: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 8. A quorum is the number of members required to be able to transact official business & such is necessary for the validity of every decision the Federation shall make

Page 51: 2001 KK & SK CBL CY 2011 (SV)

Article XIII: Meetings & Quorum

Sec. 8. A quorum…

(2) For the Panlalawigang, Panlungsod, Pambayan – 1/3 of the number of members shall constitute the quorum

(3) For the SKPEC/SKCEC/SKMEC – majority of all its members shall constitute the quorum

Page 52: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Page 53: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 1. Any SK Official at all levels may be disciplined, suspended, or removed from office on any or all the ff grounds;

1) Disloyalty to the Rep. of the Phil.;

2) Culpable violation of the Constitution of the RP or of the KK & SK CBL;

Page 54: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 1. Any SK Official…

3) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

4) Commission of any offence involving moral turpitude or an offence punishable by at least prison mayor;

Page 55: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 1. Any SK Official…

5) Abuse of authority;

6) Unauthorized absence for two (2) consecutive regular or special meeting in the case of the Local Federation & the SK or five (5) unauthorized absences in a year;

Page 56: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 1. Any SK Official…

7) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; &

Page 57: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 1. Any SK Official…

8) Such other grounds as may be provided in the Local Gov’t Code of 1991, KK & SK CBL, their respective Internal Rules of Procedures, & other laws.

Page 58: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 2. In addition, the President of any Pederasyon or an SK Chairman may be disciplined, suspended, or removed from office on the following grounds;

1) Failure to call/hold regular meeting for at least two (2) consecutive months;

Page 59: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 2. In addition, the President…2) Any SK Fed. Pres. or SK Chairman who is validly removed as such pursuant grounds provided for the provisions of the 2001 KK & SK CBL on disciplinary actions, shall be removed as an ex-officio member of the brgy., mun., city or prov’l council as the case may be

Page 60: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 2. In addition, the President…2)…Conversely, removal of any SK Chairman/President as ex-officio member in the local legislative body or sanggunian in which he sits in such capacity shall ipso facto result in the loss of his Presidency or Chairmanship in the SK Pederasyon or SK Barangay as the case may be

Page 61: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 2. In addition, the President…

3) Failure to act on verified complaints against any officer or members of his Federation or against the officer or members of the lower federation within the prescribe period of time; &

Page 62: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 2. In addition, the President…

4) Removal as a member of the next higher federation.

Page 63: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 3. A verified complaint against any erring President of a Pederasyon or Chairman of a Council for his disciplinary action shall be initiated only by a member of the Pederasyon/ Council concerned & shall be prepared as follows:

Page 64: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Respondent Where to file

Panlalawigang PSK President

Office of the President of the Pambansang Pederasyon

Panlungsod/ Pambayan PSK Pres.

Office of the President of the Panlalawigang PSK

SK Chairman Office of the President of the Panlungsod/ Pambayan PSK

Page 65: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

If the SK Chairman being complained is

also the…

Where to file?

Who will convene the…

Panlalawigang PSK President

Office of the President of the Pambansang Pederasyon

Panlungsod/ Pambayan PSK

Panlungsod/ Pambayan PSK President

Office of the Panlalawigang PSK President

Panlungsod/ Pambayan PSK

Page 66: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 5. The complainant & respondent shall be inhibited from voting but shall not be prejudiced with their right to participate in the process of the deliberation

Page 67: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 6. Any officer or member of a federation or of a barangay SK may be disciplined, suspended, or removed from office by a majority of all the members of the Federation concerned…

Page 68: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 6. …Provided, however, that the complainant & the respondent shall be excluded in the determination of the required number of votes

Page 69: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 11. (1) Resignation of SK Officials at all levels shall be deemed effective only upon acceptance by the ff. authorities:

b) Pambansang Pederasyon Pres. Of the resignation of Panlalawigang PSK

d) Panlalawigang PSK Pres. Of the resignation of Panlungsod/Pambayan PSK

Page 70: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 11. (1) Resignation…

e) Panlungsod/Pambayan PSK Pres. Of the resignation of SK Chairman

g) The Federation itself of the resignation of other officers & members of the lower Federations

h) SK of Barangay of the resignation of SK Kagawads

Page 71: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 11. (3) The resignation shall be deemed accepted if not acted upon by the authority concerned within 15 working days from receipt hereof

Page 72: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 11. (4) Irrevocable resignation by the Federation Presidents, SK Chairmen & SK Kagawads, whether oral or written, shall be deemed accepted upon presentation before an open meeting of the Pederasyon/SK concerned & duly entered in its records

Page 73: 2001 KK & SK CBL CY 2011 (SV)

Article XV: Disciplinary Actions

Sec. 12. Any leave of absence as an ex-officio member of the Sanggunian concerned for a period of more than one (1) month must be properly accompanied with a certification by the Pederasyon Secretary that the Pederasyon is properly notified of the same

Page 74: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Page 75: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 1. In case the President of the Pederasyon voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three (3) consecutive months,

Page 76: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 1. …the Vice President shall automatically assume the office for the unexpired portion of the term, & shall discharge the powers & duties & enjoy the rights & privileges appurtenant to the office. Special election shall be held to elect the Vice President.

Page 77: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 2. For the other levels of Pederasyon, vacancies will be filled up through a special election called upon for the purpose

Page 78: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 3. In case the President of the Pederasyon is suspended as a result of an Administrative Case or has taken any form of unauthorized leave of absence either as a Pederasyon President or an ex-officio member of the Sangguniang Panlungsod/Bayan…

Page 79: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 3. …for more than one month, the Vice President should automatically assume the Office of the Federation President in an acting capacity until such time that the president reassumes his office…

Page 80: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 3. …Further, he shall discharge the powers & duties & enjoy the rights & privileges appurtenant to the office including representation in the local Sanggunian & the receipt of the corresponding monetary remunerations for the services rendered.

Page 81: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (a) In case an SK Chairperson refuses to assume office, fails to qualify, is convicted of a felony, voluntarily resign, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three (3) consecutive months…

Page 82: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (a)…as manifested in the records of the Sangguniang sessions or has been absent without valid reason for two (2) consecutive regular meeting of the SK &/or the KK, the SK member (Kagawad) who obtained the next higher number of votes in the unexpired portion…

Page 83: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (a)…of terms, shall discharge the powers & duties, & enjoy the rights & privileges appurtenant to the office.

Page 84: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (a)…In case the said member refuses to assume the position or fails to qualify, the SK member (Kagawad) obtaining the next higher number of votes shall assume the position of the chairman for the unexpired portion of the term

Page 85: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (b) where two (2) or more SK member (Kagawad) obtained the same next higher number of votes, the other SK members shall conduct an election to choose the successor to the chairman from among the said members who obtained the same next higher number of votes

Page 86: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (d) In case of vacancy in the position of the SK Kagawads, the SK Chairperson shall submit, in consultation with KK, a list at least three (3) days from the existence of vacancy, and likewise, mandating the President of the Panlungsod/Pambayang Pederasyon ng mga SK to act on the submitted list within ten (10) days from receipt hereof.

Page 87: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (d) …In the absence of a regular elected Chairperson & kagawad, the presidents of the Panlungsod/Pambayan PSK, as the case may be, should submit a list of at least three (3) nominees for every position in consultation with the KK of the barangay concerned…

Page 88: 2001 KK & SK CBL CY 2011 (SV)

Article XVI: Succession & Filling Up of Vacancies

Sec. 4. (d) …to the president of the Panlalawigang PSK, who should act on the list within ten (10) days from receipt hereof.

Page 89: 2001 KK & SK CBL CY 2011 (SV)

Article XVIII: SK Task Forces

Page 90: 2001 KK & SK CBL CY 2011 (SV)

Article XVIII: SK Task Forces

Task Force Head Membership of KK Members

1. Green Brigade 1st Ranking SK Kagawad

10%

2. Livelihood & Entrepreneurship

2nd Ranking SK Kagawad

10%

3. Disaster Coor-dination & Health

3rd Ranking SK Kagawad

20%

Page 91: 2001 KK & SK CBL CY 2011 (SV)

Article XVIII: SK Task Forces

Task Force Head Membership of KK Members

4. Education Services, Moral Recovery Activities & Anti-Drug Abuse Campaign

4th Ranking SK Kagawad

20%

5. Sports Program & Community Immersion Activities

5th Ranking SK Kagawad

20%

Page 92: 2001 KK & SK CBL CY 2011 (SV)

Article XVIII: SK Task Forces

Task Force Head Membership of KK Members

6. Infrastructure 6th Ranking SK Kagawad

10%

7. Legislative Works 7th Ranking SK Kagawad

10%