Policy intent and governing doctrine
- The order directs that SK vacancies be filled to strengthen the role of youth in nation-building.
- The appointment procedure must follow the filling mechanism recognized in Garvida vs. Sales (271 SCRA 767), requiring that the vacancy shall be filled by SK members chosen by incumbent SK members by simple majority from among themselves.
- The order anchors term/holding-over constraints on Montesclaros vs. Comelec (384 SCRA 287), which holds that after SK election holding (including the July 15, 2002 hold-over expiry point), incumbent SK officials automatically cease to hold SK and ex-officio public offices.
- The order treats hold-over under R. A. 9340 as legally impossible to implement in the stated circumstances because SK officials are already beyond the KK age bracket (15 to less than 18 years old) as of the relevant timeline.
Coverage: when appointment is authorized
- The Secretary of Interior and Local Government is authorized to exercise the power of appointment for and in behalf of the President for purposes of filling vacancies in the Sangguniang Kabataan at the barangay level.
- The appointment authority is allowed only in these 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 Section 435 (c) of the Local Government Code and DILG Memorandum Circular 2002-205 dated December23, 2002, nobody filed a certificate of candidacy.
- (1.3) Where SK elections were held but the number of candidates for the positions in the Sangguniang Kabataan is insufficient to complete a new set of SK officers.
Who may recommend and who qualifies
- Appointment requires a recommendation of the majority of the members of Katipunan ng Kabataan embodied in a resolution of the duly constituted Katipunan ng Kabataan.
- The duly constituted Katipunan ng Kabataan refers to citizens of the Philippines who:
- Actually reside in the barangay for at least six (6) months; and
- Are fifteen (15) but less than eighteen (18) years of age on the day of the election; and
- Are duly registered in the list of the sangguniang kabataan or in the official barangay lis in the custody of the barangay secretary.
- Each candidate for appointment must file a formal application signifying interest to be appointed.
- The application must show that the applicant possesses all the qualifications and none of the disqualification provided in the Local Government Code, as amended.
Scope of term and appointment effect
- The appointee must serve only the unexpired portion of the term of office of the vacant seat.
Implementation and effectivity
- The order directs that it takes effect immediately.
- The order is adopted on 27 March 2008 and signed by GLORIA MACAPAGAL-ARROYO as President, with EDUARDO R. ERMITA as Executive Secretary.