Any elected official of the SK may, after due process, be

suspended for not more than six (6) MONTHS or removed

from office by majority vote of all of the members of the
Sangguniang Bayan or Sangguniang Panlungsod which has
jurisdiction in the barangay of the concerned SK official
which shall be final and executory, on any of the following
GROUNDS:
 In case of incomplete number of SK
Members, DILG Legal Opinion No. 36 S. 2018
provides that a “special Katipunan ng
Kabataan Assembly should be called by the
SK Chairperson for purposes of filling up the
vacancy in the office of the Sangguniang
Kabataan” at the barangay level by electing
the SK Members to complete the membership
of the SK.
 Section 19 of RA 10742 (b) Provided, that such
special assembly is coordinated with the Office of
the LGOO and the Election Officer of the
municipality or city where the concerned barangay
belongs. Such SK member shall hold office for the
unexpired portion of the term of the vacant seat.
For this purpose, any citizen of the Philippines
residing in the said barangay for at least six (6)
months who attains the age of fifteen (15) years
old but not more than thirty (30) years old at the
time of the special election and who registers as
member of the KK before the SK secretary shall be
entitled to vote in the said special election.
KK is the mainstream federation of Filipino
youths duly sponsored by the government of
the Republic of the Philippines with chapters
in ALL the Barangays in the country
 The SKs, although incomplete may already transact
business including the formulation and enactment of
the SK budget. Section 9 (b) of RA 10742, provides
that "A majority of the members including the
Chairperson shall constitute a quorum".
 In the case of barangays with incomplete numbers
of duly elected Sangguniang Kabataan (SK) members
in the May 14, 2018 elections, so as not to paralyze
the operations as the situation is beyond the control
of the said officials, quorum should be based on the
existing numbers of SK Members duly elected and
qualified, until the same vacant positions are filled
up in accordance with item 1 of this Advisory.
 The procedure on the transfer of the 10% share of
the SK from the general funds of the barangay, shall
be in accordance with the guidelines to be issued by
the Commission of Audit (COA) pursuant to Section
21 of the IRR of RA 10742.
Once the COA guidelines becomes available, the
SK may already use the same in disbursing the 2018
unprogrammed SK funds, otherwise, existing
barangay budgeting process shall be used.
 In the absence of the guidelines implementing
Section 20 of RA 10742, the SK Funds shall be
disbursed in accordance with is through the
authority of the Punong Barangay and Barangay
Treasurer.
To access the SK Funds, pending the issuance of
COA guidelines on the disbursement of such, the SK,
shall prepare an activity design for each of the
project included in the approved ABYIP for 2018.
Only after the submission of the activity design to
the Punong Barangay shall the funds for said project
be release to the SK.
 The Bureau of Local Government Finance is yet to
issue guidelines on the opening of bank account of
SK.
As to the fidelity bond of SK Chairperson and SK
Treasurer, as agreed in a meeting on August 22,
2018 between DILG-NBOO, DILG-Legal Service and
the Bureau of Treasury (BTR), the BTR will amend
Treasury Circular 01-2009 "Omnibus Regulations
Governing the Fidelity Bonding of Accountable
Public Officers" to include the SK Chairperson and
SK Treasurer, the implementation of which will be in
2019.
 Youth Development and Empowerment Programs and Projects
that will promote and ensure:
a) Equitable access to quality education
b) Environmental protection
c) Disaster risk reduction and resiliency
d) Youth employment and livelihood
e) Health and Anti-drug abuse
f) Gender sensitivity
g) Sports development
h) Capability building, which emphasizes leadership training
i) Linggo ng Kabataan celebration
j) Payment of annual dues for the Pederasyon ng mga
Sangguniang Kabataan, subject to the pertinent accounting
and auditing rules and regulations of the COA
 The SK shall prepare CBYDP for the 2019-2020
within three (3) months from assumption to office.
This shall serve as the basis of the SK in the
preparation of the ABYIP and their annual budget for
FY 2019 pursuant to the section 8 (a) of the SK Reform
Act:
 “In consultation and the concurrence of the
Katipunan ng Kabataan, and within (3) months from
assumption to office, formulate a three (3) year
rolling plan, which shall be known as the
Comprehensive Barangay Youth Development Plan,
which shall serve as the basis in the preparation of
the annual Barangay Youth Investment Program. This
plan shall be aligned with the Philippine Youth level,
municipal, city and provincial as is relevant.”
 “failure to formulate the CBYDP and ABYIP within
the prescribed period without justifiable reason shall
be a ground for suspension and removal from office
of any selected SK Officials for not more than six
months or removed from office by majority vote for
all members of the Sangguniang Bayan or
Sangguniang Panlungsod which has jurisdiction in
the barangay of the concerned Sangguniang
Kabataan official which shall be final and executory”
 DILG MC 2018-131
August 15, 2018

Appointed and duly concurred not later than

August 31, 2018
 The SK CHAIRPERSON shall APPOINT the SK SECRETARY
and SK TREASURER from among the MEMBERS OF THE
KK, with the concurrence of the MAJORITY of the SK
MEMBERS
1. The SK CHAIRPERSON shall ISSUE AN APPOINTMENT
to the SK SECRETARY and SK TREASURER
2. The SK Chairperson shall convene the SK MEMBERS in
a meeting and present the appointment, for
concurrence.
3. The SK MEMBERS shall deliberate on the qualifications
of the appointees;
4. Once qualifications of the appointees are ascertained,
the APPOINTMENT shall be CONCURRED BY THE
MAJORITY OF ALL THE SK MEMBERS during the
meeting called for that purpose, through an SK
RESOLUTION
 In the REQUIRED CONCURRENCE, the SK Members
shall simply determine whether or not the appointee of
the SK Chairperson possess ALL the QUALIFICATIONS for
such position.
Provided the APPOINTEE possess ALL the
QUALIFICATIONS, any withholding of the concurrence by
the SK MEMBERS shall be considered whimsical,
arbitrary and unjustifiable and would be tantamount to
ABUSE OF AUTHORITY.
The SK MEMBERS shall act on the appointment within
5 DAYS from the receipt of the appointment as
submitted by the SK Chair.
Failure to act on the appointment within the
prescribed period shall DEEM the APPOINTMENT
APPROVED.
 The SK Chair and SK Members, who despite having prior
knowledge appoint an SK Secretary and SK Treasurer who is
not qualified for the position shall be grounded for
disciplinary action against the SK pursuant to Sec. 60 of the
Local Government Code.
 Section 60. Grounds for Disciplinary Actions. - An elective local
official may be disciplined, suspended, or removed from office on any of
the following grounds:
a) Disloyalty to the Republic of the Philippines;
b) Culpable violation of the Constitution;
c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
d) Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor;
e) Abuse of authority;
f) Unauthorized absence for fifteen (15) consecutive working days,
except in the case of members of the sangguniang panlalawigan,
sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;
g) Application for, or acquisition of, foreign citizenship or residence or
the status of an immigrant of another country; and
h) Such other grounds as may be provided in this Code and other laws.
An elective local official may be removed from office on the grounds
enumerated above by order of the proper court.
 Item 4.1.6. of DILG Memorandum Circular No.
2018-131 or the " Guidelines on the Appointment of
Sangguniang Kabataan Secretary and Sangguniang
Kabataan Treasurer at the Barangay Level", states
that the SK Secretary and SK Treasurer "must not be
related within the second civil degree of
consanguinity or affinity to any incumbent elected
national official or to any incumbent elected
regional, provincial, city, municipal, or barangay
official, in the locality where he or she seeks to be
appointed“.
 Accordingly, based on the above provisions, the
requirement that the elected SK officials must not be
related within the second civil degree of
consanguinity or affinity to any elected national
official to any incumbent elected regional, provincial,
city, municipal, or barangay official, in the locality
where she seeks to be elected, also applies in the
appointment of SK Secretary and SK Treasurer as
well.
 Section 10 of RA 10742 provides that an official
of the Sangguniaang Kabataan, "either elective of
appointee, must not be related within the second
civil degree of consanguinity or affinity to any
elected national official to any incumbent elected
regional, provincial, city, municipal, or barangay
official, in the locality where she seeks to be
elected" xxx xxx xxx.
The above-quoted provision specifically mention
appointive SK officials, hence, we are of the view
that the intention of the law is to apply the herein
requirement in the appointment of SK Secretary
and SK Treasurer as well.
 Yes. Section 16 (2) of RA 10742 provides that "all
Sangguniang Kabataan officials in good standing,
whether elected or appointed, shall during their
incumbency be exempt from taking the National
Service Training Program-Civil Welfare Training
Services (NSTP-CWTS) subjects".
 SK officials, however, shall be required to submit
written reports and other documentations of their
participation in the implementation of programs,
projects and activities outline in the CBYDP. Absence
of such report and documentations will disqualify
the concerned SK officials from such privilege. The
National Youth Commission (NYC) and the
Commission on Higher Education (CHED) will issue
the guidelines for the purpose.
 For the Philhealth benefits of the SK, Philhealth is yet
to issue guidelines for the purpose.
 As per agreement in an inter-agency meeting on
August 6, 2018, the Commission on Higher
Education (CHED) will elevate to UniFAST Board the
following issues in relation to SK tuition fee and
matriculation privilege: (1) whether RA 10931
amended the said Section 20 (a) of RA 10742
considering that RA 10931 provides for free tuition
and matriculation fees for all Filipino students; and
(2) whether the free tuition and matriculation
privilege of SKs covers college and graduate
education (Master's Degree).
 The Sangguniang Kabataan cannot allocate funds for the
allowances and honoraria of SK Members, SK Secretary and
SK Treasurer as Section 20 of RA 10742, provides that the
Sangguniang Kabataan funds shall be disbursed solely for
youth development and empowerment purpose, which shall
give priority to "program, projects and activities that will
promote and ensure the equitable access to quality
education, environmental protection, climate change
adaptation, disaster risk education and resiliency, youth
employment and livelihood, health and anti-drug abuse,
gender sensitivity, sports development, and capability
building which emphasizes leadership training“.
Clearly, based on the foregoing provisions, the
Sangguniang Kabataan fund shall not be used for granting
allowances and honoraria of SK Members, SK Secretary and
SK Treasurer.
 Yes, the City, Municipality or the Barangay may
allocate funds for the allowance/honoraria of the SK
Members, SK Secretary and SK Treasurer, as RA 10742
does not prohibit the LGUs to pay for the honorarium
of the said SK officials, provided that, such payment is
not mandatory for the LGU, but only discretionary,
subject to the usual accounting and auditing rules.
 The city or municipality cannot enjoin the
barangays to include in their budget the honorarium
for SK Members , SK Secretary and SK Treasurers in
view of the following:
• Enjoining the barangays to include in their budget
the honoraria for SK Members, SK Secretary, and
SK Treasurer is a form of control by higher LGUs
over the barangay, thereby violating the principle
of local autonomy.
• Section 331 (b) of the Local Government Code
limits barangay spending for personal services to
55% of the annual income realized from local
sources for the next preceding fiscal year.
Directing the barangay to provide honoraria to
said officials may result to barangays exceeding
the limitations set by the Code.
 The duly elected and proclaimed SK officials may
accept employment in the private sector as the Local
Government Code only prohibits the Governors, City
and Municipal Mayors from practicing their professions
or engaging in any occupation other that the exercise of
their functions as local chief executives.
As the SKs are considered barangay officials, the
above ruling can be applied to the SK as no prohibition
was provided in existing laws and regulations.
Such being the case, the SK Chairperson may accept
private employment except during session hours,
otherwise, he or she may deprived of his entitlement to
honorarium.
 The duly elected and proclaimed SK official is
prohibited to accept employment in the government
pursuant to Section 94 of the Local Government Code,
which provides that "unless otherwise allowed by law or
by the primary functions of his position, no elective or
appointive local officials shall hold any other office or
employment in the government or any subdivision,
agency or instrumentality thereof, including
government-owned or controlled corporation or their
subsidiaries."
 The law intends to prohibit public officials from holding
positions in the government in whatever capacity, unless
specifically followed by law.
 While it has been established that Job Order and
Contract Services have no employer-employee
relationship with the government, entering into a
contract of service or job order in the government is still
considered as "working in the government". Therefore,
we find the herein principle applicable, viz: "What
cannot be legally done directly cannot be legally done
indirectly. This rule is basic and, to a reasonable mind,
does not need explanation. Indeed, if acts cannot be
legally done directly, then all laws would be illusory."
Hence, SK officials, whether elected or appointed,
cannot be hired as job order or contract of service
employee in the government offices or GOCC.
 DILG Legal Opinion No. 48, s. 2018, Section 10 0f RA
10742 provides that an elective or appointive official in
the SK "must not be related within the second civil degree
of consanguinity or affinity to any incumbent elected
national official or to any regional, provincial, city,
municipal or barangay official, in the locality where he or
she seeks to be elected".
 In the herein case, the Sangguniang Barangay Member
is a newly elected barangay official while his brother is
also a newly elected SK Chairperson. It must be noted
that at the time of the filling of candidacy and during
the conduct of elections, there is no incumbent elected
official related to the SK Chairperson within the 2nd civil
degree of consanguinity or affinity as his brother is
merely a candidate and is yet to elected. Thus, there is no
violation of anti-political dynasty under RA 10742.
 The Sangguniang Kabataan can pass not merely
resolutions. An example of which is an Ordinance
authorizing the SK annual budget. The annual budget
should be in the form of a law.
 The duly elected and proclaimed SK official, who is
also considered as barangay officials, may validly
relinquish the duties and responsibilities of his office in
accordance with Section 82 of the LG Code by:
• Filling his/her resignation before the City/Municipal
Mayor; and
• Furnishing the DILG a copy of the resignation with
the action taken by the City/Municipal Mayor

Such resignation shall be deemed effective upon

acceptance by the concerned LCE if not acted upon by
the LCE within fifteen (15) working days from receipt of
the resignation.
 Art. 234. Refusal to discharge elective office. — The
penalty of arresto mayor or a fine not exceeding 1,000
pesos, or both, shall be imposed upon any person who,
having been elected by popular election to a public office,
shall refuse without legal motive to be sworn in or to
discharge the duties of said office.
 The SK official may not be charged criminally provided
that the concerned SK resigned per Section 82 of the LG
Code and such resignation was accepted by the
concerned authority. Otherwise, the SK may be charged
for violation Article 234 of the revise Penal Code or
Refusal to Discharge Office. Such provision of the law
shall be imposed upon any person who, having been
elected by popular election to a public office, shall refuse
without legal motive to be sworn in or to discharge the
duties of said office.
 QUESTION: IN THE
CONDUCT OF SPECIAL SK
ELECTIONS, WHAT IS THE
MANNER OF ELECTION?
 Presence of the C/MLGOO and Election Officer in the
conduct of special KK Assembly to fill up the vacancies
resulting to incomplete set of SK Officials (Sec 19 of RA
10742 states that such assembly must be "coordinated"
with the office of the LGOO and Election Officer)
• Coordination may not mean presence but it is wise
that this activity will be under the supervision of
the C/MLGOO and EO
As to the procedure of electing, it is best consulted
with the Election Officer. Secret balloting is the most
integral of the process.