Title
Appointment power for SK vacancies
Law
Op Administrative Order No. 224
Decision Date
Mar 27, 2008
To address the issue of vacancies in the Sangguniang Kabataan (SK) at the barangay level, Administrative Order No. 224 grants the Secretary of Interior and Local Government the authority to appoint SK officials in specific instances where no set of officials were elected or when the number of candidates is insufficient, ensuring representation of the youth sector in barangay councils.

Law Summary

Lack of Clear Procedure for Filling SK Vacancies

  • The Local Government Code and its Implementing Rules and Regulations do not specify how to fill vacancies in the Sangguniang Kabataan (SK).

Supreme Court Rulings on Filling SK Vacancies

  • In Garvida vs. Sales (271 SCRA 767), the Supreme Court held that SK vacancies should be filled by SK members chosen by incumbent SK members by simple majority.
  • In Montesclaros vs. Comelec (384 SCRA 287), the Court declared that SK officials cease holding office after the expiration of their terms, specifically on July 15, 2002, when the SK elections are held.

Impossibility of Hold-Over Capacity of SK Officials

  • Republic Act 9340 allows SK officials to hold over until successors are elected and qualified.
  • This hold-over is legally impossible since all SK officials elected in 2002 are no longer within the eligible age group of 15 to less than 18 years.

Consequence of Vacancy and Representation Gap

  • Expiration of SK officials' terms and lack of appointment mechanisms result in some barangay youth lacking representation in barangay councils.

Presidential Powers under the Administrative Code

  • The President may exercise powers not explicitly delegated or enumerated in the Administrative Code (Section 20).

Need to Strengthen Youth Representation

  • It is imperative to fill SK vacancies to strengthen youth participation in nation-building.
  • Appointment should follow the Garvida ruling and be pursuant to Article VII, Section 16 of the Constitution.
  • The appointment power can be exercised by the President or the Secretary of the Interior and Local Government as his authorized delegate.

Authorization of Secretary of Interior and Local Government to Appoint SK Officials (Section 1)

  • The Secretary is authorized to appoint SK officials to fill vacancies representing the President.
  • Appointment only in specified instances:
    1. No SK officials elected in the October 29, 2007 elections due to no certificate of candidacy filed.
    2. No candidates filed even after a special election was called as per Local Government Code Section 435(c) and DILG Memorandum Circular 2002-205.
    3. Insufficient candidates elected to complete a full set of SK officials.

Requirements for Appointment (Section 2)

  • Must have recommendation of the majority of Katipunan ng Kabataan (KK) members via a resolution.
  • KK consists of citizens aged 15 to less than 18 who have resided in the barangay 6 months and are registered in SK or barangay lists.
  • Appointment applicant must submit a formal application affirming qualifications and absence of disqualifications under the Local Government Code.

Term of Appointees (Section 3)

  • Appointees serve only the unexpired portion of the vacated term.

Effectivity (Section 4)

  • The administrative order takes effect immediately upon issuance.

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