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

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