Title
SK Vacancy Appointment by DILG Secretary
Law
Administrative Order No. 168
Decision Date
Jan 12, 2006
To address the issue of vacancies in the Sangguniang Kabataan (SK) at the barangay level, Administrative Order No. 168 grants the Secretary of Interior and Local Government the authority to appoint SK officials in specific instances, following a recommendation from the majority of the members of Katipunan ng Kabataan.

Q&A (ADMINISTRATIVE ORDER NO. 168)

It authorizes the Secretary of Interior and Local Government to exercise the power of appointment, on behalf of the President, to fill vacancies in the Sangguniang Kabataan at the barangay level under specific circumstances.

Appointments can be made if no SK officials were elected in the July 15, 2002 elections because no one filed a certificate of candidacy, or if after a special election was called, still no candidate filed to fill the vacancies.

The case of Garvida vs. Sales (271 SCRA 767) ruled that vacancies shall be filled by SK members chosen by simple majority from among themselves.

The hold-over period for SK officials expires on July 15, 2002, and all incumbent SK officials automatically cease to hold their offices and ex-officio public offices.

It refers to citizens of the Philippines residing in the barangay for at least six months, aged 15 but less than 18 on election day, and duly registered in the sangguniang kabataan or official barangay list.

Appointment requires a recommendation from the majority of the Katipunan ng Kabataan via resolution, and a formal application from the appointee showing qualifications and lack of disqualifications per the Local Government Code.

The appointee serves only the unexpired portion of the term of the vacant SK office.

Article VII, Section 16 of the 1987 Philippine Constitution allows the President to delegate such appointment powers.

Because with the expiration of SK officials' terms and absence of a formal appointment mechanism, some barangays had no youth representatives, impeding youth participation in local government.

The Order took effect immediately upon issuance on January 12, 2006.


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