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

1. The SK Secretary must be notified in writing of the specific charges or grounds for removal: 2. The Secretary must be afforded a reasonable opportunity to explain or respond to the allegations; 3. A regular or special assembly of the Katipunan ng Kabataan must be convened for the purpose, where the majority of all members present shall vote on the proposed removal; and 4. Allactions must be properly documented, including the notice, minutes of the assembly, vote counts, and the basis for removal. It is further clarified that, for purposes of documentation, and considering the number of members involved, the signing of a “Petition for the Removal of the SK Secretary” may be considered as supporting documentary evidence of the members’ expression of intent or concurrence. However, such petition shall only serve a supplementary evidentiary purpose and shall not substitute the required majority vote duly cast in a properly convened assembly as mandated by law. It must likewise be underscored that the Sangguniang Kabataan (SK), under Section 8 of RA 10742, functions as the legislative body of the Katipunan ng Kabataan (KK) at the barangay level. As such, it exercises its powers and functions collegially, with decisions reached through majority vote. This principle equally applies when the SK, in coordination with the KK Assembly, undertakes proceedings related to the removal of its Secretary. The collegial nature of the SK ensures that no single member, including the Chairperson, may unilaterally dictate such removal. Instead, the process requires collective deliberation and decision-making, reinforcing the values of participatory democracy and accountability enshrined in RA 10742. Thus, the requirement of a majority vote of all KK members present in a duly convened assembly serves as both a legal safeguard and a recognition of the SK’s status as a representative and deliberative body of the youth constituency. Accordingly, while the SK Secretary is merely appointive and not part of the collegial membership of the SK, his or her tenure remains subject to the collective authority of the body that represents the youth (i.e., the KK Assembly acting upon the SK’s organizational structure), consistent with the rule of law and the principle of due process. For your information and guidance. IDB, ATTY. ROMEO P. BENITEZ Undersecretary for External, Legal, and Legislative Affairs OUSELLA/RPB/LLLS-LRALLD/mev CC: CD MARY ANNE B. PLANAS, CESO V City Director, DILG Muntinlupa Field Office Page 2 of 2