Clarification on whether the term "legal incapacity" under Section 4.4 of DILG-NYC Joint Memorandum Circular No. 01, Series of 2024 includes cases where a vacancy is caused by an elected Sangguniang Kabataan (SK) official's failure to file a SOCE.

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. 24 5. 20% APR 3 0 2026 MAYNARD ERL JOHN TAN ALVAREZ Municipal Youth Development Officer Ground Floor, MDRRMO Bldg., Brgy. Acacia, Municipality of Catarman, Province of Northern Samar Dear Mr. Alvarez: This refers to your letter dated 18 December 2024 requesting clarification on the provision under Section 4.4 of the DILG-NYC Joint Memorandum Circular (JMC) No. 01, Series of 2024, particularly on whether the term “legal incapacity”, as used therein, includes cases where a vacancy is caused by the failure of an elected Sangguniang Kabataan (SK) official to file their Statement of Contributions and Expenditures (SOCE) in connection with the 30 October 2023 Barangay and Sangguniang Kabataan Elections. At the outset, Section 4.4 of the DILG-NYC JMC No. 01, Series of 2024 provides: “On the filling up of temporary vacancies in the SK, in situations where there is only one or two or none of all the members of the SK who can perform their duties due to legal incapacity such as suspension from office, such temporary vacancy shall be filled up through designation by the DILG Secretary or OIC- DILG, in accordance with Section IV-D and Section IV-E of DILG Memorandum Circular No. 2019-21 dated February 12, 2019. The relevant provisions and procedures under this Circular shall be adopted and complied with, with emphasis on the following: 4.1.1 Creating of a Screening Committee; and 4.1.2 Submission of a shortlist of the qualified nominees to the SILG or OIC- DILG by the Screening Committee.” In response to your query, it is our considered opinion that the term “legal incapacity”, as used in the above-quoted provision, includes cases where an elected SK official fails to file their SOCE, thereby rendering them legally unable to assume or perform the functions of office. While the Joint Memorandum Circular does not expressly define the term “legal incapacity,” the same should be construed in its ordinary and legal sense, referring to any condition where an official is prohibited by law from exercising the powers, functions, and duties of the office, whether temporarily or for as long as the disqualifying circumstance subsists. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454