Title
Authority to appoint SK vacancies
Law
Op Administrative Order No. 224
Decision Date
Mar 27, 2008
Gloria Macapagal-Arroyo authorizes the Secretary of Interior and Local Government to appoint officials to fill vacancies in the Sangguniang Kabataan at the barangay level, addressing the lack of youth representation due to expired terms and insufficient candidates in recent elections.

Q&A (EXECUTIVE ORDER NO. 118)

Article X, Section 4 of the 1987 Constitution provides the President with general supervision over local governments.

The Secretary of the Interior and Local Government is authorized to exercise the power of appointment to fill up existing vacancies in the Sangguniang Kabataan at the barangay level.

Because the Local Government Code and its implementing rules are silent on the mode of appointment to fill SK vacancies, and the hold-over capacity of previous SK officials has become legally impossible to implement since they have aged out of eligibility.

The vacancies shall be filled by the SK members chosen by the incumbent SK members by simple majority from among themselves.

It states that when SK elections are held on July 15, 2002, the hold-over period expires and all incumbent SK officials cease to hold office automatically.

1) When no SK officials were elected due to no candidacy filings in the 2007 elections; 2) When special elections were called but no candidates filed; 3) When SK elections were held but the number of candidates is insufficient to complete the SK officials.

There must be a recommendation from the majority of the Katipunan ng Kabataan via a resolution, and a formal application from the appointee showing qualifications and absence of disqualifications under the Local Government Code.

Youth citizens of the Philippines residing in the barangay for at least six months, aged 15 to less than 18 on election day, and duly registered in the SK or barangay list.

The appointee shall serve only the unexpired portion of the term of office of the vacant seat.

It took effect immediately upon its adoption on March 27, 2008.


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