Law Summary
Absence of Appointment Mode for Sangguniang Kabataan Vacancies
- The Local Government Code and its implementing rules do not specify the mode of appointment to fill existing vacancies in the Sangguniang Kabataan (SK).
Supreme Court Jurisprudence on Filling SK Vacancies
- Garvida vs. Sales (271 SCRA 767) ruled that SK vacancies should be filled by a simple majority vote among incumbent SK members.
- Montesclaros vs. Comelec (384 SCRA 287) declared that SK officials hold-over periods expire when new SK elections are held, and incumbents cease to hold office automatically.
Impossibility of Hold-Over Capacity for SK Officials
- Republic Act 9340 allows SK officials to hold over until successors qualify.
- However, this hold-over is legally impossible as former SK officials are now beyond the age bracket (15 to less than 18 years) for SK membership due to the last elections being held on July 15, 2002.
Vacancy and Representation Issues in Barangay Councils
- Expiration of SK officials' terms and lack of appointment mechanisms have left some barangays without youth representatives in their councils.
Presidential Powers Under the Administrative Code
- The President may exercise powers beyond those enumerated in the Administrative Code or delegated by law, per Section 20.
Necessity of Appointment to Fill SK Vacancies
- To strengthen youth participation in nation-building, vacancies in the SK must be filled following Supreme Court procedures (Garvida case) and confirmed by appointment pursuant to the Constitution (Article VII, Section 16).
- This appointment authority may be exercised by the President directly or through a duly authorized delegate.
Authorization of DILG Secretary to Exercise Appointment Power
- The Secretary of the Interior and Local Government (DILG) is empowered to appoint SK officials to fill vacancies on behalf of the President.
- The appointments apply only in the following instances:
- When no SK Officials were elected during the October 29, 2007 elections due to lack of candidacy.
- When special elections pursuant to Section 435 (c) of the Local Government Code and DILG Memorandum Circular 2002-205 fail to produce candidates.
- When SK elections produce insufficient candidates to complete the set of SK officers.
Requisites for Appointment
- A resolution recommending the appointee must come from the majority of the Katipunan ng Kabataan members. Katipunan ng Kabataan comprises residents aged 15 to less than 18, registered in the SK or barangay lists, residing in the barangay at least six months.
- The applicant must submit a formal application indicating interest and must meet all qualifications and lack disqualifications as provided by the Local Government Code.
Term of Office for Appointees
- Appointees serve only the unexpired portion of the original term of the vacant SK position.
Effectivity
- The Administrative Order took effect immediately upon issuance on March 27, 2008.