Implementation of Section 11 (B) of the IRR of the RA 10742 regarding removal for cause of the SK secretary

wes 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 DILG OPINION NO. 1 5, 29% MEMORANDUM FOR : MARIA LOURDES L. AGUSTIN, CESO III Regional Director SUBJECT : REQUEST FOR GUIDANCE RELATIVE TO THE IMPLEMENTATION OF SECTION 11(B) OF THE IRR OF THE RA 10742 REGARDING REMOVAL FOR CAUSE OF THE SK SECRETARY [NCR-2025-08-08-031] * OCT 06 2025 DATE This legal guidance is issued in reference to your letter dated 5 August 2025, relative to the implementation of Section 11(b) of the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 10742, otherwise known as the “Sangguniang Kabataan Reform Act of 2015,” as amended. Section 11 of the Revised IRR provides: SECTION 11. Term of Office. — (a) The Chairperson and members of the Sangguniang Kabataan shall hold office for a fixed term of three (3) years unless sooner removed for cause, permanently incapacitated, have died, or resigned from office. (b) The Sangguniang Kabataan Secretary and Treasurer shall be co-terminus with the term of the appointing authority, unless sooner removed for cause, found to have failed in the discharge of his or her duties, or committed abuse of authority as stipulated in existing laws pertaining to the conduct of public officials, through a majority vote of all the members of the Katipunan ng Kabataan (KK) in a regular or special assembly called for the purpose. (Emphasis supplied.) In view of the foregoing, it is emphasized that the removal of the SK Secretary does not require confirmation or approval by the Department or any other higher authority. The position of SK Secretary is appointive, and as such, the procedure for removal is internal to the Sangguniang Kabataan and the Katipunan ng Kabataan (KK) Assembly, as clearly stated in the above-cited provision. However, while such removal is not subject to external confirmation, it must still adnere to the Constitutional guarantee of Due Process of Law under Article Ill, Section 1 of the 1987 Philippine Constitution. Accordingly, any action to remove an SK Secretary must satisfy the following procedural requirements: “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54