Implementation of DILG-NYC Joint Memorandum Circular No. 1, s. 2024 on filling vacancies in the Sangguniang Kabataan

[ Digital p. 1 of 4 ] BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph SEP 16 2095 DILG OPINION NO. 122 § df28 USEC. JOSEPH FRANCISCO R. ORTEGA, MBA Chairperson and Chief Executive Officer National Youth Commission 3 Fir., West Insula Bldg., #135 West Avenue cor., EDSA Brgy. Bungod, Quezon City Dear Undersecretary Ortega: This has reference to your letter dated February 20, 2025, seeking this Department’s assistance concerning the queries from the Local Development Officers (LYDOs) in Region 1 with regard to the implementation of DILG-NYC Joint Memorandum Circular (JMC) No. 1 s. 2024.1 In particular, hereunder, quoted in foto, are the issues proffered: 1. On the Appointment of an Officer-in-Charge (OIC). Item 4.2 of the JMC on Filling-up of Vacancies does not explicitly define the grounds for appointing an OIC. Could the JMC be amended to provide clear and specific criteria? This would help ensure transparency and fairness in appointments at the grassroots level and prevent potential misuse by appointing authorities. 2. Use of the Term “OIC”. The term “OIC” typically implies functions. Would it be more appropriate to use the term “acting” instead, in line with the Omnibus Rules on Appointments and Other Human Resource Actions? 3. Honoraria for the OIC. Is there a clear mechanism or guideline for granting honoraria to an OIC? Establishing such a standard would provide LGU budget officers and COA with a uniform basis for implementation, preventing varying interpretations. 4. Applicability of the SKSE in Case of Mass Resignation. If all SK officials in a barangay resign simultaneously, should the JMC or the SKSE provisions take precedence? Given that the SKSE stipulates procedures for cases where a quorum is lacking, which set of regulations should be followed in such a situation? We shall address the foregoing issues in seriatim. 1 “Filling Up of Vacancies in the Sangguniang Kabataan through Succession, Conduct of the Katipunan ng Kabataan (KK) Assembly or Appointment by the Mayor” “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54 [ Digital p. 2 of 4 ] On the first issue, this Department is of the view that the subject JMC need not be amended to specifically set forth the criteria or grounds for appointing an OIC in the Office of the SK Chairperson. The parameters or criteria to be observed in the appointment of an OIC-SK Chairperson are found under Section 5 of Republic Act (RA) No. 11768, which provides that: “Succession and Filling up of Vacancies. - (a) In case a Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the Sangguniang Kabataan member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson, for the unexpired portion of his or her term. In case said member refuses to assume the position or fails to qualify, the Sangguniang Kabataan member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of their term: Provided, That, if the reason for the vacancy does not fall under the conditions stated above, the mayor of the concerned barangay shall appoint an officer-in-charge (OIC) from a list of at least three (3) nominees as submitted by the Sangguniang Kabataan members: Provided, further, That the appointed OIC must meet the qualifications set under Section 10 of this Act.” (Emphasis supplied) As could be gathered from the afore-quoted provision, the following criteria shall be observed by the appointing authority (i.e., the mayor) in the appointment of an OIC-SK, thus: 1. The reason for the vacancy in the Office of the SK Chairperson does not fall under the conditions set forth therein. 2. The OIC shall be appointed by the Mayor from a list of at least three (3) nominees as submitted by the SK concerned; and 3. The appointed OIC must meet the qualifications stipulated in Section 10 of RA 11768. With regard to the second issue, while this Department acknowledges the rationale for substituting the term “acting” in lieu of “OIC,” we find it prudent to adhere to the language explicitly used in the law. It is this Department's submission that deviating from the language employed by the legislature could give rise to a perception that the implementing agency is overstepping its mandate. As to the third issue, we find the DBM Local Budget Circular (LBC) No. 148, s. 2022? pertinent, particularly Item 3.1.2 thereof, which provides that: “The SK chairperson automatically serves as an ex officio member of the Sangguniang Barangay pursuant to Section 430 of RA No. 7160. He or she enjoys the same privileges as the regular Sangguniang Barangay 2 “Implementing Guidelines on the Grant of Honorarium to SK Officials Pursuant to Republic Act (RA) No. 11768.” Page 2 of 4 [ Digital p. 3 of 4 ] members and he or she shall be entitled to a pro-rata honoraria for every session of the Sangguniang Barangay he or she has attended. As such, the SK chairperson shall no longer be entitled to receive any honorarium charged against the regular SK funds, except those funded by higher-level LGUs, subject to the limitations in Section 3.2. hereof.” Accordingly, the appointed OIC-SK Chairperson shall act as an ex officio member of the Sangguniang Barangay (SB), and his or her honorarium should be the same as the honorarium of the regular members of the SB, which should be based on attendance at SB sessions. Here, it bears noting that the honorarium of the members of the SB, including the SK Chairperson or OIC-SK Chairperson as ex officio member, is contingent on the availability of funds of the barangay. Pertinently, DBM LBC No. 63, s. 1996, set the maximum Salary Grade 10 (first step) for SB members, subject to the availability of funds and the general limitation on personal services. Coming now to the Jast issue, the Department is of the view that neither the subject JMC nor the SKSE appears to be applicable in the case of mass resignation wherein all SK officials resign simultaneously. We submit that in case of mass resignation of all the elected SK officials, the same may be filled up through the residual power of the President pursuant to Section 16, Article VII of the 1987 Constitution. Residual power is the “power to appoint officials” by the President when the Constitution and other laws are silent on who will be the appointing authority. While the subject JMC provides for the manner of filling up vacancies in situations where none of all members of the SK can perform their duties, the same pertains to temporary vacancies. Meanwhile, the SKSE may be conducted on three cases, as specifically provided under DILG MC No. 2018-212, s. 2018°, thus: 1. With SK Chairperson, no SK members 2. With SK Chairperson, incomplete SK members 3. Without SK Chairperson, complete or incomplete SK members Cognizant of the apparent gap in the existing guidelines, this Department has submitted a proposed Administrative Order (AO)* before the Office of the President, which, once approved, would provide a clear framework to address the same. The said Order, however, remains pending approval. At any rate, pending the approval of the said proposed AO, the NYC, which is mandated to ensure the full implementation of SK Law, may include in its legislative agenda a proposal to further amend RA 10742 or may lobby in Congress for the proposed amendment of the existing SK laws. 3 “Guidelines in the Conduct of Special Elections to Fill-up Vacancies in the Sangguniang Kabataan (SK) Pursuant to Section 19 of Republic Act 10742 or the SK Reform Act of 2015” 4 “Authorizing the DILG Secretary or its Officer-in-Charge to Fill-up through Appointment Simultaneous Permanent Vacancies in the Local Government Units” Page 3 of 4 [ Digital p. 4 of 4 ] This opinion is being rendered without prejudice to any contrary opinion of competent authorities and the courts. We hope to have assisted you. Very truly yours, BY AUTHORITY OF THE SECRETARY: — RlxwA ATTY. ROMEO P. BENITEZ Undersecretary for External, Legal and Legislative Affairs OUSELLA/RPB/LLLS-LRALLD/jam Page 4 of 4