QuestionsQuestions (EXECUTIVE ORDER NO. 154)
It cited Article X, Section 4 of the 1987 Constitution (general supervision of the President over local governments), Section 18 of the Administrative Code of 1987, and Section 25 of the Local Government Code, plus Section 20 of the Administrative Code (other powers/functions vested in the President not specifically enumerated or delegated by law). It also anchored appointment authority on Article VII, Section 16 of the Constitution.
Because the Local Government Code was silent on the mode of filling existing SK vacancies, the AO relied on Garvida vs. Sales, where the Court ruled that the vacancy shall be filled by the SK members chosen by the incumbent SK members by simple majority from among themselves.
Because all SK officials were already beyond the required age group for SK/KK (15 to less than 18). Since the last SK election mentioned was July 15, 2002 and successors were already beyond the age group, hold-over could not be implemented.
Section 1 authorizes the Secretary of the Interior and Local Government to exercise the power of appointment, for and on behalf of the President, to fill SK vacancies, but only in specified instances.
(1.1) Where no set of SK officials were elected in the October 29, 2007 synchronized barangay and SK elections because nobody filed a certificate of candidacy; (1.2) Where, despite the call for a special election to complete the set of SK officials under Sec. 435(c) of the Local Government Code and DILG Memorandum Circular 2002-205, nobody filed a certificate of candidacy; (1.3) Where SK elections were held but the number of candidates was insufficient to complete a new set of SK officers.
The appointee serves only the unexpired portion of the term of office of the vacant seat (Section 3).
The recommendation must be embodied in a resolution of the duly constituted Katipunan ng Kabataan (KK). The AO’s basis in Garvida requires that the choice among themselves is by simple majority.
It refers to Philippine citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years old on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.
He/she must submit a formal application signifying interest to be appointed and showing that he/she possesses all qualifications and none of the disqualifications provided in the Local Government Code, as amended.
It indicates delegated authority—appointment is done by the Secretary of the DILG as the President’s authorized representative, exercising the President’s constitutional appointment power.
To prevent appointment from becoming a general substitute for election. The AO limits appointments to exceptional situations where elections failed to produce complete SK membership due to lack of candidates.
Section 1 expressly states appointments are “for purposes of filling up the vacancies in the Sangguniang Kabataan,” and Section 3 limits service to the unexpired portion of the term of the vacant seat.
They are cited to support the rule that a special election should be called to complete the set of SK officials; however, if even after the call nobody files a certificate of candidacy, then appointment may be used.
It takes effect immediately.
To strengthen the role of the youth in nation-building by ensuring barangays have SK representation in the barangay council when vacancies exist due to failed elections and lack of candidates.