Garvida vs.

Sales
GR No. 124893 April 18, 1997
Facts:
Garvida applied for registration as member and voter of the Katipunan ng Kabataan of Barangay San
Lorenzo, Bangui, Ilocos Norte !he Board of "lection !ellers, ho#ever, denied her application on the
ground that petitioner, #ho #as then t#enty$one years and ten %&'( months old, e)ceeded the age limit
for membership in the Katipunan ng Kabataan as laid do#n in Section * +b, of -./"L"- 0esolution
No 1213
4pril &556, Garvida filed a petition for inclusion as registered 7abataang member and voter #ith the
/-!-
/-!- found Garvida as 8ualified and ordered her registration Board of "lection !ellers appealed to
the 0!- !he presiding 9udge inhibited himself due to his close association #ith Garvida Garvida filed
her certificate of candidacy for the position of -hairman of SK "lection .fficer 0ios disapproved the
certificate due to her age :hen appealed to -./"L"- 0egional ;irector 4sperin, he allo#ed Garvida
to run0ios informed Garvida of her ineligibility and gave her 13 hours to e)plain #hy her certificate
should not be disapproved
Sales, a rival candidate for -hairman, filed #ith -./"L"- en banc a petition for denial or cancellation
of Garvida<s certificate for falsely representing her age 8ualification in her certificate of candidacy
-./"L"- en banc issued an order to suspend the proclamation of Garvida in the event she #on in
the election
Garvida #on by 1 votes %=2$=6( !he Board of "lection !ellers did not proclaim her as the #inner She
#as subse8uently proclaimed the #inner, but #ithout pre9udice to any further action by the -./"L"-
or any other interested party
Garvida ran in the >ambayang >ederasyon ng mga Sangguniang Kabataan for the municipality of
Bangui, Ilocos Norte She #on as 4uditor and #as proclaimed one of the elected officials of the
>ederasyon
Issue:
:hether she #as 8ualified to run as an elective official of the SK
eld:
Garvida is ineligible for the &556 elections
!he Katipunan ng Kabataan #as originally created by >residential ;ecree No 623 in &5=? as the
Kabataang Barangay, a barangay youth organization composed of all residents of the barangay #ho
#ere at least &? years but less than &2 years of age
In &52*, Batas >ambansa Blg **=, then the Local Government -ode, raised the ma)imum age of the
Kabataang Barangay members from @less than &2 years of age@ to @not more than 1& years of age@
Ander Section 313 of the Local Government -ode, a member of the Katipunan ng Kabataan must beB
%a( a Cilipino citizenD %b( an actual resident of the barangay for at least si) monthsD %c( &? but not more
than 1& years of ageD and %d( duly registered in the list of the Sangguniang Kabataan or in the official
barangay list Section 312 of the -ode re8uires that an elective official of the Sangguniang Kabataan
must beB %a( a Cilipino citizenD %b( a 8ualified voter in the Katipunan ng KabataanD %c( a resident of
the barangay at least one %&( year immediately preceding the electionD %d( at least &? years but not
more than 1& years of age on the day of his electionD %e( able to read and #riteD and %f( must not have
been convicted of any crime involving moral turpitude
!he general rule is that an elective official of the Sangguniang Kabataan must not be more than 1&
years of age on the day of his election !he only e)ception is #hen the official reaches the age of 1&
years during his incumbency Section 31* +b, of the -ode allo#s him to serve the remaining portion of
the term for #hich he #as elected 4ccording to Senator >imentel, the youth leader must have @been
elected prior to his 1&st birthday@
!he re8uirement that a candidate possess the age 8ualification is founded on public policy and if he
lac7s the age on the day of the election, he can be declared ineligible
In the case at bar, petitioner #as born on Eune &&, &5=3 .n /arch &6, &556, the day she registered
as voter for the /ay 6, &556 SK elections, petitioner #as t#enty$one %1&( years and nine %5( months
old .n the day of the elections, she #as 1& years, && months and ? days old :hen she assumed
office on Eune &, &556, she #as 1& years, && months and 1' days old and #as merely ten %&'( days
a#ay from turning 11 years old >etitioner may have 8ualified as a member of the Katipunan ng
Kabataan but definitely, petitioner #as over the age limit for elective SK officials set by Section 312 of
the Local Government -ode and Sections * +b, and 6 of -omelec 0esolution No 1213 She #as
ineligible to run as candidate for the /ay 6, &556 Sangguniang Kabataan election