ORDINANCE NUMBER 16-323-21

(SPONSOR: HON. CHRISTIAN BERNARD OÑATE)

AN ORDINANCE PROMULGATING A COMPREHENSIVE CODE FOR THE YOUTH OF THE PROVINCE OF SAMAR, OTHERWISE KNOWN AS THE “YOUTH CODE OF SAMAR,” PROVIDING FUNDS THEREFOR

WHEREAS, Section 13, Article II of the 1987 Philippine Constitution provides that, “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”;

WHEREAS, Section 2 of Republic Act No. 8044 also known as the “Youth in Nation Building Act” states that “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 age fifteen (15) to thirty (30) years.”;

WHEREAS, Chapter III, Section 23 and Chapter IV, Section 25  of Republic Act No. 10742 otherwise known as the “Sangguniang Kabataan Reform Act of 2015”, and the Department of the Interior and Local Government (DILG) Memorandum Circular No. 2017-36 mandates and requires the organization and creation of the Local Youth Development Council and Local Youth Development Office (LYDO) in every province, city, and municipality to ensure and guarantee the active and multi-sectoral youth participation in local government;

       WHEREAS, Section 16 (General Welfare Clause) of Republic Act 7160 known as the Local Government Code of 1991 states that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare;

WHEREAS, the Provincial Government of Samar, through its present leadership, recognizes the importance of measures to promote, protect, and strengthen the physical, moral, spiritual, intellectual, cultural, and social well-being of the Samarnon youth in order to have a better and active participation in public and civic affairs as well as local governance in the province of Samar;  

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 province;

NOW THEREFORE, be it ordained by the Sangguniang Panlalawigan of the Province of Samar, that:

ARTICLE I

GENERAL PROVISIONS

Section 1. Title. This ordinance, shall be known as the “Samar 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 Provincial Government of Samar 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 Provincial Government of Samar 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 province.

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: fifteen (15) to seventeen (17) as child youth; eighteen (18) to twenty-four (24) as core youth; and twenty-five (25) to thirty (30) as adult youth;

(b)  Working Youth shall refer to all youth whose ages range from eighteen (18) to thirty (30) years old 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 Samarnon 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 Samar Provincial Youth Development Council or PYDC;

(j) Commission shall refer to the National Youth Commission.

ARTICLE II

CIVIL RIGHTS OF THE SAMARNON YOUTH

Section 4. Prostitution and Other Sexual Abuse. Any youth, whether male or female, who for money, profit or any other consideration or due to the coercion nor influence of any adult, syndicate or group, indulges in sexual intercourse or lascivious conduct, is considered to be exploited in prostitution and other sexual abuse.

Section 5. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use, persuade, coerce or force a youth, whether live or in video, to pose or model in obscene publications or pornographic materials shall be penalized according to existing laws penalizing such acts.

Section 6. Appointment/Designation of Youth Relations Officer and Police Procedures. The Samar Provincial Police Office may assign a Youth Relations Officer, preferably a female police officer, who will be tasked to handle cases involving the youth, in all of its Police Precincts in the province.

Section 7. Special Courses for PNP Members. A special course that deals with handling abused and delinquent youth shall be designed and obligatorily given to the members of Philippine National Police in the Province of Samar. The Samar Provincial Police Office together with the Provincial Social Welfare and Development Office shall be tasked to design and initiate the conduct of training programs and/or seminars on the special course.

Section 8. Police Brutality. Police brutality, being the state or quality of being harsh, ruthless, cruel, or unrelenting to a youth who is suspected of committing crime, misdemeanor or antisocial activities during arrest, apprehension, investigation and interrogation or when applied to youth suspects under the custody of police authorities shall be prohibited and dealt with appropriate action from the People’s Law Enforcement Board (PLEB). Case or cases of brutality of police officer(s) committed against a youth offender shall be filed in PLEB who will determine the appropriate penalty or penalties without prejudice to the provisions of the Revised Penal Code.

Section 9. It shall be the policy of the Provincial Government to prohibit youth discrimination especially on the basis of gender and sexual orientation, social class, religion, and political affiliations.

ARTICLE III

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS OF THE YOUTH

Section 10. General Framework. The development of the youth is determined by both external and internal factors, so that, it is the shared responsibility of the parents, siblings, and relatives which shall be known as the internal factor and the State, civil society, and community which shall be known as the external factor to provide the necessary environment, support, assistance and other initiatives to make the youth responsive and productive members of the society.

Section 11. The Provincial Government of Samar, representing the State, shall ensure, to the maximum extent possible, the development of the youth by providing facilities, programs and projects for the purpose and at the same time facilitate and mobilize the civil society and the community to reinforce and strengthen the initiatives for the general welfare of the youth sector.

Section 12. The Provincial Government of Samar shall formulate policies, programs, projects and initiatives to contribute to the development of the youth.

(a)  Education Policies.

1.    The Provincial Government of Samar shall allocate budget intended for the purpose of youth development and education.

2.    The Sangguniang Kabataan or its equivalent entity shall apportion funds for educational purposes in every barangay.

3.    The Samar Provincial Library shall ensure that there are up to date educational materials and technologies that will cater to the needs of the youth.

4.    Information pertaining to governance, provincial projects, programs, activities, including information regarding fiscal matters shall be made accessible to the youth; and,

5.    The Public Employment Office (PESO) shall continue its facilities for the summer job of students and other student internship programs in order to augment the latter’s educational expenses during enrolment and for other educational purposes.

(b)  Economic Policies.

1.    The Provincial Government through its appropriate agency/office shall render technical and vocational trainings to interested youth that would help hem acquire new skills, and provide education and training to young entrepreneurs;

2.    The Provincial Government shall forge ties with the private and public sectors in order to provide financial assistance to young individuals and organizations that are interested to start their own business or enter into financial enterprise;

3.    The Provincial Government shall prosecute the owners and cancel the business permit of institutions that would not provide a just compensation and/or benefit as mandated by law to its youth workers. It shall also require the business entity to comply within thirty (30) days from the receipt of the complaint from the Office of the Governor;

4.    The Provincial Government shall periodically check all businesses that employ youth and shall see to it that the working condition/environment are youth-friendly;

5.    The Provincial Government shall ensure that no youth worker is deprived of job training, promotion, and compensation, benefit, on the basis of age, gender, ethnicity, creed, civil status, ideology, or political affiliation;

6.    The Public Employment Service Office (PESO) shall periodically conduct job fairs and other activities having the same nature for the purpose of offering or facilitating employment for the youth;

7.    The Provincial Agriculturist’s Office shall provide training and livelihood support programs to the province’s farm youth in order to generate employment and train to develop young farm entrepreneurs;

8.    The Provincial Youth Development Office shall provide community-based technology-vocational and livelihood programs to the out-of-school youth and other disadvantaged youth in order that this vulnerable sector be provided with preferred tracks necessary for self-employment or industry employment, and income-generating activities; and,

9.    The Provincial Government, together with the NGOs concerned, private and public offices, and other commercial and non-commercial establishments shall provide the youth opportunities for On-the-Job Trainings.

(c)  Health Policies.

1.    The Provincial Government shall provide counseling programs and services through the Provincial Health Office regarding health issues concerning the youth;

2.    The Provincial Government shall allocate budget that will cater to the health needs of the youth of the province;

3.    The Provincial Government shall encourage/conduct periodic health symposium aimed in giving awareness to the youth sector of health issues and concerns that they have to learn;

4.    The Provincial Government shall have programs that will teach and give information to the youth about comprehensive sexuality education;

5.    The Provincial Government shall provide adolescent health and youth development programs that are gender-responsive and cater to the reproductive health and life skills of the province’s youth constituents;

6.    Business institutions, regardless of their breadth, that is found out to be selling cigarettes and or liquors to minors, shall be penalized according to existing ordinances which penalize such activities.

Section 13. Focus on Special Youth. The Provincial Government of Samar shall give special focus on special youth by implementing programs and projects that will develop and enhance their skills and empower them to be able to participate in the society productively. The Provincial Government will make a periodic comprehensive survey on special youth which shall serve as basis for the programs and projects intended for their development.

Section 14. Youth Recognition and Awards. The Provincial Government of Samar shall continue to provide programs for the leadership building and arts development and enhancement of the province’s youth.

(a)  The Youth Empowered Samar (YES) Award. It is the desire of the Provincial Government of Samar to establish a mechanism in which an annual selection of the province’s youth achievers and outstanding youth organization will be realized. Through this, the youth will be motivated to excel on their own fields, and, thereby, for others to emulate the success stories of the awardees. Moreover, the Provincial Government will be able to recognize those who brought prestige and honor to our province, not just leaving all their efforts unnoticed.

(b)  Incentives for Athletes, Music, Arts, Literature, Science and Technology, and Mathematics, and Licensure Examinations or Bar Topnotchers. The Provincial Government of Samar recognizes the sports skills, talents, and academic excellence of its young citizens. In order to enhance the sports skills and talents of the youth, as well as mechanism for their participation to competitions, and incentives for winning are hereby upheld by the Provincial Government.

An amount of not less than ten thousand pesos (Php10,000) shall be given to; a youth-medalist from the Palarong Pambansa or any equivalent national sports competition; to a youth who have acquired national awards in the field of music, arts, literature, science and technology, and mathematics; to a youth who have been awarded other exemplary award by any lawful and authorized award-giving body, provided however, that in case the awardee is a pair or a group of youth, the amount shall be not less than twenty thousand pesos (Php 20,000.00). Further, an amount of not less than one hundred thousand pesos (Php100,000) shall be given to a youth-medalist from any international sports competition such as but not limited to the Southeast Asian Games, Asian Games, and Olympics; to a youth who have acquired national awards in the field of music, arts, literature, science and technology, and mathematics; to a youth who have been awarded other exemplary award by any lawful and authorized award-giving body, provided however, that in case the awardee is a pair or a group of youth, the amount shall be not less than two hundred thousand pesos (Php 200,000.00).

Furthermore, an amount of not less than twenty thousand pesos (Php 20,000.00) shall be given to a youth who placed second to tenth place in any Professional Licensure Examinations or Bar Examinations. On the other hand, an amount of not less fifty thousand pesos (Php 50,000.00) shall be given to a youth who placed first in any Professional Licensure Examinations or Bar Examinations.

ARTICLE IV

POLITICAL RIGHTS OF THE SAMARNON YOUTH

Section 15. Participation of the Youth in Decision-Making Process. It is important to consult and provide venue for the expression of the youth’s view in provincial policies. Consistent to this, it is necessary that the youth sector is convened once a year, specifically during the youth month, which shall be decided by the Provincial Youth Development Council as to when shall it be held, such that the youth’s clamor and needs shall collectively be heard.

Section 16. Youth Participation Rights.

(a)  Every youth has the right to congregate and form associations; as such

they have the right to autonomously determine the type of organization, exercise their own initiative and act responsibly on their own so as to achieve their desired goals, provided however, that such associations are not contrary to law or public welfare;

(b)  Every youth has the inherent right to take an active part in public life,

and to contribute to the common good of his community and fellow citizens;

(c)  Every youth has the right to initiate programs, projects, and activities

that are not contrary to law or public welfare;

(d)  Every youth has the right to be accorded any form of counsel,

advisement, guidance, and reprimand in any undertaking fundamental to the needs and well-being of his sector;

(e)  Every youth has the right to commit, engage, and be involved in any

form of endeavor, necessary in the full development of their sector’s interest and society as a whole;

(f)    Every youth and youth association or organization has the right to seek and avail of encouragement through technical, educational, and financial support from the appropriate agencies concerned;

(g)  Every youth has the right to demand for an environment that is not in conflict with the nature of employment and/or endeavor they have chosen to partake in; and

(h)  No youth shall be deprived of his right to participate in activities vital to his and his society’s growth and development on the basis of race, gender, creed, ideology, economic status, cultural and organizational affinity, abilities, and/or educational attainment.

ARTICLE V

RESPONSIBILITIES OF THE SAMARNON YOUTH

Section 17. Responsibilities of the Samarnon Youth. Every youth, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other factors shall:

(a)  Strive to lead an upright and virtuous life regardless of his religious and

political affiliation, the teachings of his elders and mentors, and the biddings of a clean conscience;

(b)  Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

(c)  Extend to his brother and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united;

(d)  Exert his utmost capability to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may become an asset to himself and to society;

(e)  Respect not only his elders but also the customs and traditions of the people, the memory of our heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of democracy;

(f)    Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation’s future; and

(g)  Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations for programs and posterity, and the furtherance of world peace.

ARTICLE VI

THE SAMAR PROVINCIAL YOUTH DEVELOPMENT COUNCIL

Section 18. Creation. To ensure wide and multi-sectoral youth participation in local governance, there shall be created the Provincial Youth Development Council which shall be called the “PYDC” for brevity. The PYDC shall be chaired by the Sangguniang Kabataan Provincial Federation President, and composed of representatives of youth and youth-serving organizations in the provincial level. The PYDC shall assist in the planning and execution of projects and programs of its member organizations, the SK, and the Pederasyons in all levels.

Section 19. 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 Section 21 of this Ordinance.

Section 20. 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. 

Section 21. 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 the province y shall be registered in the PYDO. 

Section 22. Local Verification of Youth Organization and Youth Serving Organization. The Provincial 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.

Section 23. Renewal, Verification and Continuing Local Registration. Registered youth and youth serving-organizations shall renew their local registration and verification every three (3) years. The PYDO shall conduct a continuing registration procedure taking into consideration the budgetary and manpower requirements and the presence of youth and youth-serving organizations.

Section 24. Condition Precedent. Local registration and verification of youth organization and youth serving organization is a condition precedent for participation in the PYDC elections. However, if a youth organization or youth-serving organization is denied local registration and verification, such organization may apply for special registration and verification to the National Youth Commission or may present any document indicating accreditation, registration or certification issued by any competent authority. Such special registration and verification entitle the organization to participate in the PYDC elections.

In case where majority of the representatives are not, pending, or denied of local registration, or has failed to present any document indicating accreditation, registration or certification issued by any lawful and competent authority, such representative who failed to comply the condition precedent may be elected as an interim representative, provided, that he complies such condition within six (6) months from the day of election. Failure to comply such undertaking revokes his membership in the PYDC.

Section 25. Qualifications of the Members of the PYDC. A member of the PYDC must be a citizen of the Philippines, a resident of the province of Samar for not less than one year immediately preceding the day of her/his election to the PYDC. She/He should be at least fifteen (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.

Section 26. Composition of the Provincial Youth Development Council. – The following shall compose the PYDC of Samar:

(a)  Core Members

(1)  SK Provincial Federation President – Presiding Officer

(2)  SK Provincial Federation Vice President

(3)  Provincial Youth Development Officer

(4)  Focal Person of SIRAK Kabataan for the First District

(5)  Focal Person of SIRAK Kabataan for the Second District

(b)  Representatives

(1)  At least three (3) but nor more than fourteen (14) elected members coming from registered youth organizations or youth-serving organizations in the province

Section 27. Manner of election of the Representatives. Within forty-five (45) days after the SK elections, the PYDO shall notify all the presidents or authorized representatives of the registered youth organizations and of youth serving organizations in the province, assemble them in a public venue, and by consensus or secret balloting, the Council shall elect at least three (3) but not more than fourteen (14) representatives pursuant to the precedent section. These representatives shall serve for a term of three (3) years as members of the PYDC, unless otherwise his membership is revoked in consonance with the Section 24 of this Ordinance.

Section 28. Convening of the PYDC. The Chairperson, or in his/her absence, the Vice-Chairperson, with the concurrence of one another, may call for a meeting. The contrary shall be given preference to preside over the meeting.

Section 29. Meetings and Quorum. The PYDC shall schedule a quarterly meeting, and as often as needed. However, if the President, the Vice President of the SK Provincial Federation failed to convene the PYDC as scheduled, at least one-third of the total membership of the PYDC 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. The presence of the majority of all members of the PYDC shall constitute a quorum. 

Section 30. Duties and Functions of the PYDC. The PYDC shall discharge the following duties and functions:

(a)  Serve as the core of the advocacy on youth participation in nation building and youth empowerment;

(b)  Finalize the three (3) year PYDP that is anchored in the Philippine Youth Development Plan and the development plans of the Provincial Government of Samar. The PYDP shall be initially drafted by the SK Provincial Pederasyon and shall be finalized by the PYDC. This shall be submitted to the Governor for inclusion in the Local Development Plan and subsequently endorsed to the Sangguniang Panlalawigan for approval. 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;

(c)  Monitor and evaluate the implementation of the Provincial Youth Development Plan; and

(d)  Perform such other functions as may be prescribed by law or ordinance.

Section 31. Special Bodies and Committees. The members of the PYDC 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.

Section 32. Advisory Group. The following shall be resource persons whom the PYDC may invite to shed light and advise the body on pertinent issues affecting the youth:

(a)  Area Representative from the National Youth Commission

(b)  Provincial Planning and Development Officer

(c)  Provincial Social Welfare and Development Officer

(d)  Provincial Health Officer

(e)  Schools Division Superintendent

(f) SP Chair of the Committee on Youth and Sports Development

(g)  SP Chair of the Committee on Barangay Affairs

(h)  SP Chair of the Committee on Education

(i) SP Chair of the Committee on Health and Social Services

(j) Regional Director or Representative from the Population Commission

(k)  Department Head or Representative from the Provincial Disaster Risk Reduction and Management  

ARTICLE VII

THE PROVINCIAL YOUTH DEVELOPMENT OFFICE

Section 33. Creation. There shall be a Samar Provincial Youth Development Office.

Section 34. Functions of the Provincial Youth Development Office. The office shall have the following functions:

(a)  Register and verify youth and youth-serving organizations. The PYDO shall issue a guidelines for the local registration process;

(b)  Provide technical assistance to the PYDC in the formulation of the PYDP;

(c)  Facilitate the election of the PYDC Representatives;

(d)  Serve as secretariat to the PYDC;

(e)  Conduct the mandatory and continuing training of the SK Officials and PYDC 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 PYDC members.  

(f) 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;

(g)  Coordinate with the Commission with regard to the youth programs within their jurisdiction;

(h)  Organize and implement programs and activities that will promote a broad understanding of the problems affecting the youth;

(i) Undertake such action projects as may be necessary to promote the attainment of the objectives and purposes of this ordinance;

(j) To coordinate with any department, division, office, or any instrumentality of the Province of Samar or of the national government for such assistance as it may require in the performance of its functions;

(k)  Conduct of Annual Provincial Youth Assessment Survey (PYAS);

(l) Perform such other functions as may be prescribed by law, ordinance or as the Governor, the DILG or the Commission may require;

Section 35. Qualification of the Youth Development Officer. In addition to the requirements prescribed by the CSC and reasonable standards set by the Human Resource Office, the Youth Development Officer shall:

(a)  Be preferably not more than thirty years of age at the time of his/her appointment;

(b)  Be of good moral character;

(c)  Must have acquired experience in youth development affairs or involvement in youth or youth-serving organizations for at least three (3) years; and

(d)  He or she shall be appointed by the Governor, but in no case is he or she be within the fourth civil degree of consanguinity or affinity of the appointing authority.

Section 36. Other Personnel of the Provincial Youth Development Office. The provincial government, upon the recommendation of the Provincial Youth Development Officer and the council, may provide additional staffing requirements in the office and shall be appointed by the Governor in whatever status deemed appropriate, and in accordance with the civil service rules and regulations.

ARTICLE VIII

THE PROVINCIAL YOUTH DEVELOPMENT PLAN

Section 37. Provincial Youth Development Plan. The Provincial Youth Development Council in accordance with Section 30(b) of this Ordinance, shall formulate a comprehensive program for the youth, within six (6) months from the effectivity of this Code, after thorough consultation with the Sangguniang Kabataan, youth groups, other government agencies, private sector, and non-government organizations.

Section 38. Publication. After its finalization, adoption and approval, The Provincial Youth Development Office, shall furnish a printed copy of the Provincial Youth Development Plan to the Office of the Governor, The Provincial Department of Interior and Local Government (DILG) Office, the Provincial Planning and Development Office, the Provincial Budget Office, the SK Provincial Federation President, the Local Youth Development Officers in the Cities/Municipalities, the Regional Youth Advisory Council and the National Youth Commission. The plan shall also be available to the public through a printed copy in the Provincial Library and an electronic copy uploaded in the official media/database of the PYDO.

Section 39. Evaluation of the Provincial Youth Development Plan. The Provincial Youth Development Office shall conduct an annual evaluation of the plan utilizing the results of the Provincial Youth Assessment Survey (PYAS).

Section 40. Updating and revisions of the plan. The Provincial Youth Development Council shall be the only authorized body to update and revise the plan on every first month of the year. After the updating and revisions of the plan, the Provincial Youth Development Office shall notify the recipients of its printed copy pursuant to Section 38 of this Ordinance, and shall re-upload an electronic copy the official media/database of the PYDO.

ARTICLE IX

THE SIRAK KABATAAN PROGRAM

Section 41. The Program. To better implement youth development programs in the province of Samar, the SIRAK Kabataan, which stands for “Sama-samang Itaguyod ang Responsableng Aksyon ng Kabataan,” shall serve as the banner program of the PLGU, and shall be delivered under the Provincial Youth Development Office. It shall also serve as the movement of all advocacies provided for by the youth organizations and youth-serving organizations. The PYDO, in coordination with the Provincial Planning and Development Office (PPDO) shall conceptualize a framework of the program which shall be included in the PYDP. All sub-programs, projects, and activities of this program shall be included in the Annual Investment Plan (AIP) of the PYDO.

Section 42. Provincial Youth Pillars. In line with the Philippine Youth Development Plan, the Provincial Youth Development Programs shall be based upon a framework of the Philippine Youth Development Plan of the National Youth Commission.

Section 43. Membership of SIRAK Kabataan Focal Persons in the Provincial Youth Development Council. To ensure sustainability of the program, two (2) focal persons of SIRAK Kabataan shall serve as Core Members of the PYDC in accordance to Section 26(a) of this ordinance.

Section 44. Creation of SIRAK Kabataan Chapters. To ensure the sustainability of the program by social mobility, group of youths in cities, municipalities, barangays, cluster of barangays, sitios, or other groups may form organizations carrying the name of SIRAK Kabataan and shall be called SIRAK Kabataan Local Chapter. A representative from the chapter may also be elected in the PYDC, provided, that he must comply the condition precedent in Section 24 of this Ordinance.

Section 45. The SIRAK Kabataan Provincial Federation. The SIRAK Kabataan Chapters may convene and create a SIRAK Kabataan Provincial Federation. The federation shall elect its officers and create its Constitution and By Laws that is congruent with the ideals of the SIRAK Kabataan Program. A representative from the formed chapter may also be elected in the PYDC, provided, that he must comply the condition precedent in Section 24 of this Ordinance.

Section 46. The SIRAK Kabataan Annual Convention. There shall be a yearly congress of all registered youth organizations and youth serving organizations in the province or as many as needed within the year upon the approval of the PYDC, which shall be called as “The SIRAK Kabataan Convention”. The yearly convention shall be a venue for the SK Provincial Federation President and the various representatives from the Provincial Youth Development Council and the SIRAK Kabataan members 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 X

FINAL PROVISIONS

Section 47. Formulation of Implementing Rules and Regulations. Within six (6) months after the approval of this Code, the Provincial Youth Development Council through a technical working group with the assistance of the Provincial 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 Governor.

Section 48. Appropriations. To effectively implement this Ordinance, Youth Development Fund shall be appropriated annually.

Section 49. 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 50. Repealing Clause. Executive Order No. 29-B Series of 2021 is hereby expressly repealed. All other ordinances, local issuances or rules inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly.

Section 51. Effectivity Clause. This Ordinance shall immediately take effect upon approval and in accordance with law.

Enacted by ALL MEMBERS.

I HEREBY CERTIFY to the correctness of the foregoing Ordinance.

(Sgd) ATTY. JOSE CRISOSTOMO Y. GUADES

Secretary to the Sangguniang Panlalawigan

ATTESTED AND CERTIFIED TO BE DULY ENACTED BY:

(Sgd) REGINA B. RABUYA

President Pro Tempore

Approved: January 7, 2022

(Sgd) REYNOLDS MICHAEL T. TAN

Governor