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

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