Law Summary
Absence of Appointment Procedures for SK Vacancies
- The Local Government Code and its implementing rules do not specify procedures for appointing individuals to fill vacancies in the Sangguniang Kabataan (SK).
Supreme Court Jurisprudence on Filling SK Vacancies
- Garvida vs. Sales (271 SCRA 767): Vacancies in the SK shall be filled by a simple majority vote among incumbent SK members.
- Montesclaros vs. Comelec (384 SCRA 287): SK officials’ terms expire on July 15, 2002, and all incumbent SK officials automatically cease to hold office thereafter.
Consequences of Expiration of SK Terms Without Appointment Mechanism
- With the expiration of SK terms and lack of appointed successors, some barangays lack youth representation in barangay councils.
Presidential Authority to Exercise Powers Not Otherwise Delegated
- Under Section 20 of the Administrative Code of 1987, the President can exercise powers not specifically enumerated or delegated by law.
Importance of Filling SK Vacancies for Youth Engagement
- It is essential to fill SK vacancies in accordance with Garvida, and the appointments are to be confirmed under Article VII, Section 16 of the Constitution to strengthen youth participation in nation-building.
Delegation of Appointment Power
- The power to appoint SK officials may be exercised directly by the President or through a duly authorized delegate.
Authorization to the Secretary of Interior and Local Government (DILG)
- The Secretary of Interior and Local Government is authorized by the President to fill SK vacancies through appointment, specifically when:
- No SK officials were elected in the July 15, 2002 elections due to no certificate of candidacy filings.
- Special elections were called but no candidates filed certificates of candidacy.
Criteria for Appointment
- The following requisites must be met for appointment:
- A majority recommendation from the Katipunan ng Kabataan (youth organization) documented in a resolution.
- The Katipunan ng Kabataan consists of Filipino citizens residing in the barangay for at least six months, aged 15 to less than 18 years on election day, and duly registered in the SK or official barangay list.
- A formal applicant must submit a written application expressing interest and confirm qualifications and absence of disqualifications per the Local Government Code.
Term of Appointee
- The appointed SK official will serve only the unexpired term of the vacant office.
Effectivity
- The administrative order takes effect immediately upon issuance.