This document provides guidance on various matters pertaining to Sangguniang Kabataan (SK) officials in the Philippines. It discusses procedures for filling SK member vacancies, requirements for SK quorum and budget approval, guidelines for appointing SK secretaries and treasurers, and exemptions from training requirements for incumbent SK officials. The document aims to clarify processes and support the continued operations of SKs following the May 2018 elections.
This document provides guidance on various matters pertaining to Sangguniang Kabataan (SK) officials in the Philippines. It discusses procedures for filling SK member vacancies, requirements for SK quorum and budget approval, guidelines for appointing SK secretaries and treasurers, and exemptions from training requirements for incumbent SK officials. The document aims to clarify processes and support the continued operations of SKs following the May 2018 elections.
This document provides guidance on various matters pertaining to Sangguniang Kabataan (SK) officials in the Philippines. It discusses procedures for filling SK member vacancies, requirements for SK quorum and budget approval, guidelines for appointing SK secretaries and treasurers, and exemptions from training requirements for incumbent SK officials. The document aims to clarify processes and support the continued operations of SKs following the May 2018 elections.
This document provides guidance on various matters pertaining to Sangguniang Kabataan (SK) officials in the Philippines. It discusses procedures for filling SK member vacancies, requirements for SK quorum and budget approval, guidelines for appointing SK secretaries and treasurers, and exemptions from training requirements for incumbent SK officials. The document aims to clarify processes and support the continued operations of SKs following the May 2018 elections.
Download as PPTX, PDF, TXT or read online from Scribd
Download as pptx, pdf, or txt
You are on page 1of 88
Any elected official of the SK may, after due process, be
suspended for not more than six (6) MONTHS or removed
from office by majority vote of all of the members of the Sangguniang Bayan or Sangguniang Panlungsod which has jurisdiction in the barangay of the concerned SK official which shall be final and executory, on any of the following GROUNDS: In case of incomplete number of SK Members, DILG Legal Opinion No. 36 S. 2018 provides that a “special Katipunan ng Kabataan Assembly should be called by the SK Chairperson for purposes of filling up the vacancy in the office of the Sangguniang Kabataan” at the barangay level by electing the SK Members to complete the membership of the SK. Section 19 of RA 10742 (b) Provided, that such special assembly is coordinated with the Office of the LGOO and the Election Officer of the municipality or city where the concerned barangay belongs. Such SK member shall hold office for the unexpired portion of the term of the vacant seat. For this purpose, any citizen of the Philippines residing in the said barangay for at least six (6) months who attains the age of fifteen (15) years old but not more than thirty (30) years old at the time of the special election and who registers as member of the KK before the SK secretary shall be entitled to vote in the said special election. KK is the mainstream federation of Filipino youths duly sponsored by the government of the Republic of the Philippines with chapters in ALL the Barangays in the country The SKs, although incomplete may already transact business including the formulation and enactment of the SK budget. Section 9 (b) of RA 10742, provides that "A majority of the members including the Chairperson shall constitute a quorum". In the case of barangays with incomplete numbers of duly elected Sangguniang Kabataan (SK) members in the May 14, 2018 elections, so as not to paralyze the operations as the situation is beyond the control of the said officials, quorum should be based on the existing numbers of SK Members duly elected and qualified, until the same vacant positions are filled up in accordance with item 1 of this Advisory. The procedure on the transfer of the 10% share of the SK from the general funds of the barangay, shall be in accordance with the guidelines to be issued by the Commission of Audit (COA) pursuant to Section 21 of the IRR of RA 10742. Once the COA guidelines becomes available, the SK may already use the same in disbursing the 2018 unprogrammed SK funds, otherwise, existing barangay budgeting process shall be used. In the absence of the guidelines implementing Section 20 of RA 10742, the SK Funds shall be disbursed in accordance with is through the authority of the Punong Barangay and Barangay Treasurer. To access the SK Funds, pending the issuance of COA guidelines on the disbursement of such, the SK, shall prepare an activity design for each of the project included in the approved ABYIP for 2018. Only after the submission of the activity design to the Punong Barangay shall the funds for said project be release to the SK. The Bureau of Local Government Finance is yet to issue guidelines on the opening of bank account of SK. As to the fidelity bond of SK Chairperson and SK Treasurer, as agreed in a meeting on August 22, 2018 between DILG-NBOO, DILG-Legal Service and the Bureau of Treasury (BTR), the BTR will amend Treasury Circular 01-2009 "Omnibus Regulations Governing the Fidelity Bonding of Accountable Public Officers" to include the SK Chairperson and SK Treasurer, the implementation of which will be in 2019. Youth Development and Empowerment Programs and Projects that will promote and ensure: a) Equitable access to quality education b) Environmental protection c) Disaster risk reduction and resiliency d) Youth employment and livelihood e) Health and Anti-drug abuse f) Gender sensitivity g) Sports development h) Capability building, which emphasizes leadership training i) Linggo ng Kabataan celebration j) Payment of annual dues for the Pederasyon ng mga Sangguniang Kabataan, subject to the pertinent accounting and auditing rules and regulations of the COA The SK shall prepare CBYDP for the 2019-2020 within three (3) months from assumption to office. This shall serve as the basis of the SK in the preparation of the ABYIP and their annual budget for FY 2019 pursuant to the section 8 (a) of the SK Reform Act: “In consultation and the concurrence of the Katipunan ng Kabataan, and within (3) months from assumption to office, formulate a three (3) year rolling plan, which shall be known as the Comprehensive Barangay Youth Development Plan, which shall serve as the basis in the preparation of the annual Barangay Youth Investment Program. This plan shall be aligned with the Philippine Youth level, municipal, city and provincial as is relevant.” “failure to formulate the CBYDP and ABYIP within the prescribed period without justifiable reason shall be a ground for suspension and removal from office of any selected SK Officials for not more than six months or removed from office by majority vote for all members of the Sangguniang Bayan or Sangguniang Panlungsod which has jurisdiction in the barangay of the concerned Sangguniang Kabataan official which shall be final and executory” DILG MC 2018-131 August 15, 2018
Appointed and duly concurred not later than
August 31, 2018 The SK CHAIRPERSON shall APPOINT the SK SECRETARY and SK TREASURER from among the MEMBERS OF THE KK, with the concurrence of the MAJORITY of the SK MEMBERS 1. The SK CHAIRPERSON shall ISSUE AN APPOINTMENT to the SK SECRETARY and SK TREASURER 2. The SK Chairperson shall convene the SK MEMBERS in a meeting and present the appointment, for concurrence. 3. The SK MEMBERS shall deliberate on the qualifications of the appointees; 4. Once qualifications of the appointees are ascertained, the APPOINTMENT shall be CONCURRED BY THE MAJORITY OF ALL THE SK MEMBERS during the meeting called for that purpose, through an SK RESOLUTION In the REQUIRED CONCURRENCE, the SK Members shall simply determine whether or not the appointee of the SK Chairperson possess ALL the QUALIFICATIONS for such position. Provided the APPOINTEE possess ALL the QUALIFICATIONS, any withholding of the concurrence by the SK MEMBERS shall be considered whimsical, arbitrary and unjustifiable and would be tantamount to ABUSE OF AUTHORITY. The SK MEMBERS shall act on the appointment within 5 DAYS from the receipt of the appointment as submitted by the SK Chair. Failure to act on the appointment within the prescribed period shall DEEM the APPOINTMENT APPROVED. The SK Chair and SK Members, who despite having prior knowledge appoint an SK Secretary and SK Treasurer who is not qualified for the position shall be grounded for disciplinary action against the SK pursuant to Sec. 60 of the Local Government Code. Section 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended, or removed from office on any of the following grounds: a) Disloyalty to the Republic of the Philippines; b) Culpable violation of the Constitution; c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; d) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor; e) Abuse of authority; f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay; g) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and h) Such other grounds as may be provided in this Code and other laws. An elective local official may be removed from office on the grounds enumerated above by order of the proper court. Item 4.1.6. of DILG Memorandum Circular No. 2018-131 or the " Guidelines on the Appointment of Sangguniang Kabataan Secretary and Sangguniang Kabataan Treasurer at the Barangay Level", states that the SK Secretary and SK Treasurer "must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be appointed“. Accordingly, based on the above provisions, the requirement that the elected SK officials must not be related within the second civil degree of consanguinity or affinity to any elected national official to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where she seeks to be elected, also applies in the appointment of SK Secretary and SK Treasurer as well. Section 10 of RA 10742 provides that an official of the Sangguniaang Kabataan, "either elective of appointee, must not be related within the second civil degree of consanguinity or affinity to any elected national official to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where she seeks to be elected" xxx xxx xxx. The above-quoted provision specifically mention appointive SK officials, hence, we are of the view that the intention of the law is to apply the herein requirement in the appointment of SK Secretary and SK Treasurer as well. Yes. Section 16 (2) of RA 10742 provides that "all Sangguniang Kabataan officials in good standing, whether elected or appointed, shall during their incumbency be exempt from taking the National Service Training Program-Civil Welfare Training Services (NSTP-CWTS) subjects". SK officials, however, shall be required to submit written reports and other documentations of their participation in the implementation of programs, projects and activities outline in the CBYDP. Absence of such report and documentations will disqualify the concerned SK officials from such privilege. The National Youth Commission (NYC) and the Commission on Higher Education (CHED) will issue the guidelines for the purpose. For the Philhealth benefits of the SK, Philhealth is yet to issue guidelines for the purpose. As per agreement in an inter-agency meeting on August 6, 2018, the Commission on Higher Education (CHED) will elevate to UniFAST Board the following issues in relation to SK tuition fee and matriculation privilege: (1) whether RA 10931 amended the said Section 20 (a) of RA 10742 considering that RA 10931 provides for free tuition and matriculation fees for all Filipino students; and (2) whether the free tuition and matriculation privilege of SKs covers college and graduate education (Master's Degree). The Sangguniang Kabataan cannot allocate funds for the allowances and honoraria of SK Members, SK Secretary and SK Treasurer as Section 20 of RA 10742, provides that the Sangguniang Kabataan funds shall be disbursed solely for youth development and empowerment purpose, which shall give priority to "program, projects and activities that will promote and ensure the equitable access to quality education, environmental protection, climate change adaptation, disaster risk education and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, sports development, and capability building which emphasizes leadership training“. Clearly, based on the foregoing provisions, the Sangguniang Kabataan fund shall not be used for granting allowances and honoraria of SK Members, SK Secretary and SK Treasurer. Yes, the City, Municipality or the Barangay may allocate funds for the allowance/honoraria of the SK Members, SK Secretary and SK Treasurer, as RA 10742 does not prohibit the LGUs to pay for the honorarium of the said SK officials, provided that, such payment is not mandatory for the LGU, but only discretionary, subject to the usual accounting and auditing rules. The city or municipality cannot enjoin the barangays to include in their budget the honorarium for SK Members , SK Secretary and SK Treasurers in view of the following: • Enjoining the barangays to include in their budget the honoraria for SK Members, SK Secretary, and SK Treasurer is a form of control by higher LGUs over the barangay, thereby violating the principle of local autonomy. • Section 331 (b) of the Local Government Code limits barangay spending for personal services to 55% of the annual income realized from local sources for the next preceding fiscal year. Directing the barangay to provide honoraria to said officials may result to barangays exceeding the limitations set by the Code. The duly elected and proclaimed SK officials may accept employment in the private sector as the Local Government Code only prohibits the Governors, City and Municipal Mayors from practicing their professions or engaging in any occupation other that the exercise of their functions as local chief executives. As the SKs are considered barangay officials, the above ruling can be applied to the SK as no prohibition was provided in existing laws and regulations. Such being the case, the SK Chairperson may accept private employment except during session hours, otherwise, he or she may deprived of his entitlement to honorarium. The duly elected and proclaimed SK official is prohibited to accept employment in the government pursuant to Section 94 of the Local Government Code, which provides that "unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local officials shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporation or their subsidiaries." The law intends to prohibit public officials from holding positions in the government in whatever capacity, unless specifically followed by law. While it has been established that Job Order and Contract Services have no employer-employee relationship with the government, entering into a contract of service or job order in the government is still considered as "working in the government". Therefore, we find the herein principle applicable, viz: "What cannot be legally done directly cannot be legally done indirectly. This rule is basic and, to a reasonable mind, does not need explanation. Indeed, if acts cannot be legally done directly, then all laws would be illusory." Hence, SK officials, whether elected or appointed, cannot be hired as job order or contract of service employee in the government offices or GOCC. DILG Legal Opinion No. 48, s. 2018, Section 10 0f RA 10742 provides that an elective or appointive official in the SK "must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any regional, provincial, city, municipal or barangay official, in the locality where he or she seeks to be elected". In the herein case, the Sangguniang Barangay Member is a newly elected barangay official while his brother is also a newly elected SK Chairperson. It must be noted that at the time of the filling of candidacy and during the conduct of elections, there is no incumbent elected official related to the SK Chairperson within the 2nd civil degree of consanguinity or affinity as his brother is merely a candidate and is yet to elected. Thus, there is no violation of anti-political dynasty under RA 10742. The Sangguniang Kabataan can pass not merely resolutions. An example of which is an Ordinance authorizing the SK annual budget. The annual budget should be in the form of a law. The duly elected and proclaimed SK official, who is also considered as barangay officials, may validly relinquish the duties and responsibilities of his office in accordance with Section 82 of the LG Code by: • Filling his/her resignation before the City/Municipal Mayor; and • Furnishing the DILG a copy of the resignation with the action taken by the City/Municipal Mayor
Such resignation shall be deemed effective upon
acceptance by the concerned LCE if not acted upon by the LCE within fifteen (15) working days from receipt of the resignation. Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. The SK official may not be charged criminally provided that the concerned SK resigned per Section 82 of the LG Code and such resignation was accepted by the concerned authority. Otherwise, the SK may be charged for violation Article 234 of the revise Penal Code or Refusal to Discharge Office. Such provision of the law shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. QUESTION: IN THE CONDUCT OF SPECIAL SK ELECTIONS, WHAT IS THE MANNER OF ELECTION? Presence of the C/MLGOO and Election Officer in the conduct of special KK Assembly to fill up the vacancies resulting to incomplete set of SK Officials (Sec 19 of RA 10742 states that such assembly must be "coordinated" with the office of the LGOO and Election Officer) • Coordination may not mean presence but it is wise that this activity will be under the supervision of the C/MLGOO and EO As to the procedure of electing, it is best consulted with the Election Officer. Secret balloting is the most integral of the process.