AN
ORDINANCE PROVIDING FOR A COMPREHENSIVE CODE FOR THE YOUTH OF CAGAYAN DE ORO
CITY AND PROVIDING FUNDS THEREOF
WHEREAS, Article 2 Section 13 of the
1987 Constitution states that, “the States recognizes the vital role of the
youth in nation building and shall promote and protect their physical, moral,
spiritual, intellectual and social well being.” It shall inculcate in the
youth, patriotism and nationalism and encourage their involvement in public and
civic affairs;
WHEREAS, Republic act No 10742 also
known as the Sangguniang Kabataan Reform Act of 2015 has introduced innovations
such as the institutionalization of a local youth development council, creation
of a youth affairs office, establishing mandatory training and providing an
anti-political dynasty provision among others;
WHEREAS, it is a declared policy of the
City of Cagayan de Oro to promote and protect the physical, moral, spiritual,
intellectual, cultural and social well-being of the Kagay-anon youth and to
inculcate in them values of patriotism and nationalism and to encourage their
involvement in public and civic affairs of the city;
WHEREAS, it is vital to institutionalize
youth participation in the local government recognizing the diversity of the youth
sectors and towards this end, encourage them to actively participate and be
involved in the crafting and monitoring of the policies of the city;
NOW THEREFORE, be it ordained by the Cagayan de Oro
City Council, that:
ARTICLE I. GENERAL PROVISIONS
SECTION 1. TITLE. - This ordinance, for brevity
shall be known as the “Oro Youth Code.”
SECTION
2. DECLARATION
OF POLICY. –
(a) The State recognizes the vital role of the
youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic
affairs. Towards this end, the State shall establish adequate, effective,
responsive and enabling mechanism and support systems that will ensure the
meaningful participation of the youth in local governance and nation-building.
(b) The Local Government of Cagayan de Oro
recognizes the vitality of youth involvement in the decision-making process on
the various issues affecting them and towards this end, the local government
shall ensure adequate and meaningful participation be afforded to them in both
executive and legislative functions;
(c) The Local Government of Cagayan de Oro
recognizes the important role of the private youth organizations composed of various
sectors and shall ensure that a rights-based and economic-based approach in
development be integrated in the various process and regulations of the city.
SECTION 3. DEFINITION OF TERMS
a)
Youth
shall refer to those persons whose ages range from fifteen (15) to thirty (30)
years old as defined in Republic Act No. 8044. For purpose of targeted
programming for the youth, the age disaggregation shall be considered:
15
– 17 –
child youth
18
– 24 –
core youth
25
- 30
- adult youth
b)
Working
Youth shall refer to all youth whose ages range from 18-30 years and who are
employed either on a regular or temporary basis;
c)
Out-of-School-Youth
shall refer to all youth of school age, whether organized or not, who are
unable to avail of the formal school system or who have dropped out from formal
elementary, secondary, tertiary or vocational education;
d)
In-School
Youth shall refer to all youth of school age, whether organized or not,
presently enrolled with any educational, vocational institution, which include
but not limited to the following school organizations (academic or
non-academic), student government, fraternities and sororities;
e)
Special Advocacy-Based Youth shall refer to any
youth organization whose primary purpose is to serve youth with particular
needs namely, youth with disabilities, youth in situations of armed conflict,
victims of natural disaster and calamities, youth offenders, delinquent youth,
LGBTQ youth, drug dependent youth, street youth, abused/exploited youth and
abandoned/neglected youth among others;
f)
Faith-based Youth shall refer to all youth
organizations organized under the rules and regulations of a religious
institution and recognize as such;
g)
The Cultural Identity-based youth shall refer to
youth organizations whose primary purpose is to advance the cultural identity
of the Moro and Indigenous peoples;
h)
Community-based Youth shall refer to organizations whose majority of membership
are youth residing in the particular barangay or contiguous area and whose
advocacy centers on serving the youth in that particular area;
i)
Council
shall refer to the Oro Youth Development Council or OYDC;
j)
Commission
shall refer to the National Youth Commission; and
k)
Center
shall refer to the Oro Youth Center or OYC.
SECTION 4. CAGAYAN DE ORO YOUTH DEVELOPMENT PLAN. The
Oro Youth Development Council shall formulate a comprehensive program for the
youth, within six (6) months from the effectivity of this Code, after thorough
consultation with the Sangunniang Kabataan, youth groups, other government
agencies, private sector, and non-government organizations.
ARTICLE 2. THE ORO YOUTH DEVELOPMENT COUNCIL
SECTION 5. Creation. - (a) To ensure wide and multi-sectoral youth
participation in local governance, there shall be created the Oro Youth
Development Council which shall be called the “OYDC” for brevity. The OYDC
shall be headed by the concerned Pederasyon ng SK President, co-chaired by the
Sectoral Chairperson and composed of representatives of youth and youth-serving
organizations in the city level. The OYDC shall assist in the planning and
execution of projects and programs of its member organizations, the SK, and the
Pederasyons in all levels.
(b) Formal Organization of Non-Organized
Youth – to give equal opportunity for the youth, from the time of the enactment
of this ordinance and up to the deadline for registration set by the Commission
and DILG, non-organized youth groups may formally organize themselves and
register in accordance with paragraph d of this provision.
(c) Composition of the Youth Organization
and Youth Serving Organization – Youth Organization is an organization with
members entirely composed of the youth, whose ages range from fifteen (15) to
thirty (30) years old with a core advocacy that serves the youth. On the other
hand, Youth Serving Organization is an organization with the same core advocacy
but whose members are not entirely composed of the youth, which may include
civil society organizations. The Youth Serving Organization shall determine
which youth sector it mainly serves.
(d) Local Registration of Youth Organization
and Youth Serving Organization – all youth organization and youth serving
organizations, with a minimum of ten (10) members in good standing and which
are operating in Cagayan de Oro City shall be registered in the Oro Youth
Center.
(e) Local Verification of Youth Organization
and Youth Serving Organization. The Oro Youth Development Officer shall verify
the registration information provided by these organizations. The officer shall
then send a list of registered and verified youth organizations and youth
serving organizations to the National Youth Commission.
(f) Renewal, Verification and Continuing
Local Registration – Registered youth and youth serving-organizations shall
renew their local registration and verification every three years. The Center
shall conduct a continuing registration procedure taking into consideration the
budgetary and manpower requirements and the presence of youth and youth-serving
organizations.
(g) Condition Precedent – local registration
and verification of youth organization and youth serving organization is a
condition precedent for participation in the OYDC elections. However, if a
youth organization or youth-serving organization is denied local registration
and verification, such organization can apply for special registration and
verification to the National Youth Commission as provided for by law. Such
special registration and verification entitles the organization to participate
in the OYDC elections.
(h) Qualifications of the Members of the
OYDC – a member of the OYDC must be a citizen of the Philippines, a resident of
Cagayan de Oro City for not less than one year immediately preceding the day of
her/his election to the OYDC. She/He should be at least 15 years, but not more
than thirty (30) years of age on the day of his/her election to the council,
able to read and write, Filipino, English, or the local dialect and must not
have been convicted by final judgment of any crime involving moral turpitude.
(i) Composition of the OYDC – The OYDC shall
be composed of 21 members including the 2 core members from the SK. The two (2)
core members shall be composed of the president and the vice-president of the
Pederasyon and shall be supported by 19 other representatives from the various
youth sectors. The following shall be the maximum allocation
of representatives from each of the different sectors:
a.
Three
(3) from the In School youth sector
b.
Three
(3) from the out of school youth sector
c.
Three
(3) from the faith-based youth sector
d. Four (4) from the special advocacy based youth sector
e.
Three
(3) from community – based youth
f.
Three
(3) from cultural identity- based youth
(j) Manner of election – within forty five
(45) days after the SK elections, the Center shall notify all the presidents or
authorized representatives of the registered youth organizations and of youth
serving organizations in the city, assemble them in a public venue, and by
consensus per or secret balloting per youth sector. These representatives shall
serve for a term of three (3) years as members of the OYDC.
(k) Election of OYDC Sectoral Chairperson as
Co-chair – The 19 representatives from the youth organizations or youth serving
organizations shall vote among themselves a Sectoral chairperson who shall act
as co-chair with the SK President and who shall serve a term of one year. No
Sectoral chairperson shall serve for more than 3 consecutive terms. The
Sectoral Co-chairperson shall coordinate with the SK President in all matters
relating to sectoral concerns. The SK President shall be the official
representative of the OYDC to the City Council as provided for by law.
(l) Convening of the OYDC – Any of the
Co-chairpersons (SK Chairperson and the Sectoral Chairperson) with the
concurrence of one another may call a meeting. The SK Pederasyon President, or
in her/his absence, the Vice-President shall initially convene the council and
shall be given preference to preside over the meeting.
(m) Meetings and Quorum –
(1) The OYDC shall schedule a
meeting every month, and as often as needed. However, if the President, the
Vice President of the SK or the Sectoral Chairperson fails to convene the OYDC
as scheduled, at least one-third of the total membership of the OYDC may call
for a meeting. In both instances, a written notice shall be sent either through
traditional or non-traditional means, to all members setting the date, time,
place and agenda of the meeting which must be received at least two (2) days in
advance.
(2) The presence of the
majority (50% + 1) of all members of the OYDC shall constitute a quorum.
(n) Duties and Functions of the OYDC – The
OYDC shall discharge the following duties and functions:
(1) Serve as the core of the
advocacy on youth participation in nation-building and youth empowerment;
(2) Finalize the three (3) year
LYDP that is anchored in the PYDP and the development plans of the City of
Cagayan de Oro;
The LYDP shall be initially
drafted by the respective SK Pederasyon and shall be finalized by the OYDC.
This shall be submitted to the LCE for inclusion in the Local Development Plan
and subsequently endorsed to the Sanggunian. These plans shall give priority to
programs projects and activities that will promote and ensure the meaningful
youth participation in nation-building, sustainable youth development and
empowerment, equitable access to quality education, environmental protection,
climate change adaptation, disaster risk reduction and resiliency, youth
employment and livelihood, health and anti-drug abuse, gender sensitivity,
social protection, capability building and sports development;
(3) Monitor and evaluate the
implementation of the Local Youth Development Plan
(4) To formulate, adopt, and
prescribe policies, guidelines, and rules and regulations that will guide the
Community Improvement Division for the smooth operation of the Youth Center
(5) To receive, evaluate,
modify, and approve Youth Center-related project proposals and accordance with
the approved plans and programs of the Youth Center;
(6) To approve the annual
and/or supplemental budget of the Youth Center as may be submitted to it by the
Community Improvement Division;
(7) To formulate and approve
the internal rules and regulations of the Council including policies addressing
representation, substitution, absence and delinquency of council members; and
(8) Perform such other
functions as may be provided by law or ordinances.
(o) Special Bodies and Committees – The
members of the OYDC shall designate among themselves the alternate
representatives of the SK President in all committees or special bodies in
which the SK President is an official sitting member subject to the Council’s
internal rules. If the SK President is not available during a meeting of a
committee or special body, the alternative representative shall represent the
SK President and report to the latter and to Council all matters that have
transpired during the meeting.
(p) Advisory Group - The
following shall be resource persons whom the Oro Youth Council may invite to
shed light and advise the body on pertinent issues affecting the youth:
- Area Representative from the National
Youth Commission
- City Planning and Development
Officer
- City Social Welfare and
Development Officer
- City Health Officer
- Schools District Supervisor
- Officer in Charge or Representative
from the Community Improvement Division
- Chair of the Committee on Youth
and Sports Development
- Chair of the Committee on
Barangay Affairs
- Chair of the Committee on
Education
- Chair of the Committee on Health
and Social Services
- Regional Director or Representative
from the Population Commission
- Department Head or Representative
from the City Disaster Risk Reduction and Management
ARTICLE 3. THE ORO YOUTH DEVELOPMENT OFFICE
SECTION
6. Creation. – (a) There
shall be a Cagayan de Oro Youth Development Office which shall be housed within
the operating structure of the Oro Youth Center.
(b) Functions of the Oro Youth Development
Office – the office shall have the following functions:
(1) In accordance with Section
5 (d) of this ordinance, register and verify youth and youth-serving
organizations;
(2) Provide technical
assistance to the OYDC in the formulation of the LYDP
(3) Facilitate the election of
the OYDC Representatives;
(4) Serve as secretariat to the
OYDC;
(5) Conduct the mandatory and
continuing training of the SK Officials and OYDC members, in accordance with
the programs jointly designed and implemented by the Commission and the DILG.
The local youth development officer and/or his or her staff shall apply for
accreditation from the Commission in order for them to conduct the mandatory
and continuing training programs of the SK officials and OYDC members.
(6) Provide technical,
logistical and other support in the conduct of the mandatory and continuing
training programs, and to such other programs of the Commission and DILG;
(7) Coordinate with the
Commission through the YAPO, with regard to the youth programs within their
jurisdiction;
(8) Perform such other
functions as may be prescribed by law, ordinance or as the Local Chief
Executive, the DILG or the Commission may require;
(9) To assist the Oro Youth Center in its duty as a drop-in
and referral center for the youth with problems such as teenage pregnancy,
teenage prostitution, sexually transmitted diseases/infection,
boyfriend-girlfriend relationship, parent-child relationship, substance abuse,
vagrancy and other anti-social behavior such as truancy and vandalism, and
other adolescent-related problems;
(10) To organize and implement programs and activities that
will promote a broad understanding of the problems affecting the youth in
highly urbanized cities such as Cagayan de Oro;
(11) To undertake such action projects as may be necessary to
promote the attainment of the objectives and purposes of this ordinance;
(12) To promote and publish information and studies on the
youth, especially in the City in all its aspects; and
(13) To coordinate with any department, division, office, or
any instrumentality of the City Government of Cagayan de Oro or of the national
government for such assistance as it may require in the performance of its
functions.
(c) Qualification of the Youth Development
Officer and other staff of the office. – In addition to the requirements
prescribed by the CSC and reasonable standards set by the Human Resource Office,
the Youth Development Officer and other staff of the office shall:
(1) Be preferably not more than
thirty years of age at the time of his/her appointment;
(2) Be of good moral character;
(3) Must have acquired
experience in youth development affairs or involvement in youth or
youth-serving organizations for at least three (3) years; and
(4) He or she shall be
appointed by the Local Chief Executive, but in no case is he or she be within
the fourth civil degree of consanguinity or affinity of the appointing
authority.
(d) Personnel and functions of the Oro Youth
Development Office. - The following
staff and their functions shall comprise the Oro Youth Development office:
(1)
Oro Youth Development Officer III (SG – 18) shall have the following functions:
i. Direct
all operations of the Office;
ii.
Establish procedures for the effective operation of the Office;
iii.
Submit to the City Mayor rules and regulations, and other guidelines adopted by
the Office and approved by the Council, which would require the Local
Executive’s attention including annual and periodic reports;
iv.
Submit Quarterly Report on the status of the youth programs, regulations in
force and other pertinent information and recommendations to the Council and to
other relevant agencies;
v.
Delegate any function and tasks to competent staff of the Office;
vi.
Prepares and submits the annual and supplemental budgets of the Office
following existing budgetary rules and regulations;
vii.
Subject to the approval of the City Mayor and recommendation from the Council, arrange
for donations, grants, gifts, and to implement sports plans, programs, and
policies;
viii.
Performs such other functions as may be assigned by the office of the City
Mayor or the Council; and
ix.
Represent Cagayan de Oro City in any regional, national or international forum,
meeting and functions related to youth development together with other youth
representatives from the council.
(2) Administrative Assistant IV
(SG – 10) shall have the following functions:
i.
Oversees the preparation of the minutes, agenda and records the attendance and
proceedings of all meetings of the Oro Youth Development Council;
ii.
Oversees the preparation of the office budget and other financial matters;
iii.
Disseminates notices of all meetings;
iv.
Responsible for the development of internal office procedures, office internal
control, document inventory, office layout and other similar matters; and
v.
Performs all duties incidental to the office and those that may be delegated or
assigned to her/him by the Oro Youth Development Officer.
(3) Youth Development Officer 1 (SG -10) who
shall act as the Program Coordinator for Program and Operations shall have the
following functions:
i.
Develops, recommends, initiates, coordinates and implements a more effective
and systematic training program for the office’s staff and accredited member
youth organizations;
ii.
Develops and maintains systematic data-based records and documentation on
trainings;
iii.
Acquires and maintains training facilities including training materials and
reference;
iv.
Creates a pool of trainers and volunteers in the different fields of youth
development and leadership; and
v. In cooperation with the whole office and other agencies of
government, organize and implement the yearly Oro Youth Leaders Convergence and
facilitate the regular and special elections of the members of the council in
cooperation with the Commission and the Department of Interior and Local
Government.
(4) Youth Development Officer 1
(SG -10) who shall act as the Program Coordinator for Policy and Planning shall
have the following functions:
i.
Conducts research for the continuous improvement of the youth sector with
specific emphasis on youth participation in nation-building, sustainable youth development
and empowerment, equitable access to quality education, environmental
protection, climate change adaptation, disaster risk reduction and resiliency,
youth employment and livelihood, health and anti-drug abuse, gender
sensitivity, social protection, capability building and sports development;
ii.
Undertakes access and establishes networks in the provincial, regional,
international levels on youth development;
iii.
Keeps records, updates, and database on youth-related researches;
iv.
Periodically formulate policy-recommendations, which shall be forwarded to the
Council and other relevant offices for further action.; and
v.
Conducts regular needs assessments, focused group discussions, validations and
other methodologies needed to guide and advice policy recommendations and
strategic direction for the office and the council.
(5) Youth Development Officer 1
(SG -10) who shall act as the Program Coordinator for Advocacy and Communications
shall have the following functions:
i. Conduct regular accreditation promotion and facilitate the
accreditation process as provided for by this ordinance; and
ii. Develop and implement a comprehensive and effective
communications plan for and within the office which shall take into
consideration the enhancement of youth participation and involvement in
nation-building, promotion of values, and deliberation of pertinent
youth-related issues.
(e)
Other Personnel of the Oro Youth Development Office – the local government
unit, upon the recommendation of the Oro Youth Development Officer and the
council, may provide additional staffing requirements in the office and shall
be appointed by the Local Chief Executive in whatever status deemed
appropriate, and in accordance with the civil service rules and regulations.
SECTION
7. Funding – the Local
Government Unit shall incorporate in its annual budget such amount as may be
necessary for the operation and effective functioning of the Oro Youth
Development Office and in accordance with the COA accounting and auditing rules
and regulations.
ARTICLE 4. THE ORO YOUTH LEADERS CONVERGENCE
SECTION 8. Creation. - (a) There shall be a yearly congress of all
registered youth organizations and youth serving organizations in the city or
as many as needed within the year upon the approval of the OYDC.
(b) Purpose. - The yearly congress shall be
a venue for the SK President and the various representatives from the Oro Youth
Development Council to present their courses of action and accomplishments for
the year. It shall also be a venue where various youth leaders will discuss
issues and recommend courses of action.
ARTICLE 5. TRANSITORY PROVISIONS
SECTION 9. During the absence of the Sangguniang Kabataan, the Chairmanship
of the Oro Youth Development Council shall be vested to the duly elected
sectoral Chairman duly elected by the members of the said council with a term
of one year and shall not serve more than three consecutive terms.
ARTICLE 5. FINAL PROVISIONS
SECTION 10. Formulation of
Implementing Rules and Regulations - Within six (6)
months after the approval of this Code, the Oro Youth Development Council
through a technical working group with the assistance of the Interim Youth
Development Office shall formulate and issue the appropriate rules and
regulations necessary for the efficient and effective implementation of any and
all provisions of this Ordinance which shall be effective after approval by the
City Mayor.
SECTION 11. APPROPRIATIONS. To effectively
implement this Ordinance, Youth Development Fund shall be appropriated
annually.
SECTION 12. SEPARABILITY CLAUSE. If any provision
of this Ordinance is declared invalid or unconstitutional, the remaining
provisions not affected thereby shall continue in full force and effect.
SECTION 13. REPEALING CLAUSE. All ordinances,
local issuances or rules inconsistent with the provisions of this Ordinance are
hereby repealed or modified accordingly.
SECTION 14. EFFECTIVITY CLAUSE. This Ordinance
shall immediately take effect upon approval and in accordance with law.
ENACTED: XXXX
xxx
xxx
xxx
DONE this
xxxxxxxxx in xx
