Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Regional Office 02 spec Coemrnnsrl cates cua Sun toggles tie se ee ee a ee Tare eaehae cov Stagees CARR yer C REGIONAL MEMORANDUM To : ALL PROVINCIAL DIRECTORS AND FIELD OFFICERS SUBJECT: ADVISORY ON FREQUENTLY ASKED QUESTIONS (FAQ) ON MATTERS CONCERNING SANGGUNIANG KABATAAN DATE ‘ 08 OCTOBER 2018 Respectfully furnishing you a copy of DILG Advisory dated 29 August 2018 issued by Usec. Martin B. Difio, Undersecretary for Barangay Affairs re Frequently Asked Questions (FAQ) on matters concerning the Sangguniang Kabataan. For your information and reference. orD/ Mssu Gundy stfatine, Mahusay at Maaasahang Kogawaran par sa Mapagkalinga at Maunlad na Famahalaang Lokal” atin, MahusaY 2 Ma sa em e Tuguegarao City, Cagayan Regional Government Center, Carig St / “Tel. No. 078,204.5378/308.19; 376, Fox No. 078.208,9045, Ema: e2dlgganen om;Repubtc ofthe Pilopines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT. [ILG-NAPOLCOM Contr, ESA cme Quezon Avenue, West Tinga, Quezen Gry pe gov ADVISORY FOR ALL DILG REGIONAL DIRECTORS, FIELD OFFICERS, ARMM. REGIONAL SECRETARY AND ALL OTHERS CONCERNED SUBJECT: FREQUENTLY ASKED QUESTIONS (FAQ) ON MATTERS CONCERNING THE SANGGUNIANG KABATAAN DATE A AUGUST 29, 2018 This advisory intends to address some of the issues repeatedly raised concer ing the Sangguniang Kabataan, VACANCIES IN THE SANGGUNIANG KABATAAN Q: HOW WILL THE VACANCIES IN THE SANGGUNIANG KABATAAN WITH NO SK OFFICIALS (NO SK CHAIRPERSON AND SK MEMBERS) BE FILLED UP? A: To fill up the above vacancies, the Department submitted its proposal to the Office of the President requesting for the issuance of an Administrative Order to fill-up the vacancies in the barangays where no set of Sangguniang Kabetaan officials were elected in the May 14, 2018 Barangay and SK Elections, as nobody filed a certificate of candidacy. Rest assured that once available, any action taken on the matter will be immediately circulated to all DILG Regional Offices. Q. HOW WILL THE VACANCIES RESULTING TO INCOMPLETE SET OF SK OFFICIALS BE FILLED UP? A: Incase of incomplete number of SK Members, DILG Legal Opinion No. 36 S. 2018 provides that aspecial 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. This finds basis in Section 19 of RA 10742, which states that: . SECTION 19. Succession and Filling up of Vacancies. - (a) in case an SK chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the SK member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson for the unexpired portion of his or her term. In case said member refuses to assume the Page 1 of 12position or fails to qualify, the SK member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term. (b) After the vacancy shall have been filled, the SK chairperson shall, within thirty (30) days, call for a special KK assembly to elect an SK member to complete the membership of said sanggunian. 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. (c) AlLother vacancies in the office of the SK shall be filled in accordance vedic wisic QUORUM Q: CAN THE SK TRANSACT OFFICIAL BUSINESS IN BARANGAYS WITH INCOMPLETE SET OF SK OFFICIALS AS A RESULT OF THE MAY 14, 2018 BARANGAY AND SK ELECTIONS? ‘A; 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 | of this Advisory. SANGGUNIANG KABATAAN FUNDS. Q: HOW WILL THE BARANGAY TRANSFER THE 10% SHARE OF THE SK FROM ‘THE GENERAL FUNDS OF THE BARANGAY TO THE SK ACCOUNT? ‘A: ‘The procedure on the transfer of the 109 share of the SK from the general funds of the barangay, shall be in accordance with the guidelines to be issued by the Commission on Audit (COA) pursuant to Section 21 of the IRR of RA 10742, which provides that: “SECTION 21. Accounting and Auditing Rules and Regulations. ~ The COA shall formulate accounting and auditing guidelines pertaining to the proper recording, reporting and audit of SK funds and such other funds, including but not limited to funds of Pederasyon in ail levels.” Page 2 of 12ee ‘The matter was already communicated to COA and said agency will issue guidelines on the financial transaction of the SK together with a corresponding handbook, which, among others, contain the following: (1) policies for collections and deposits; (2) policies for disbursement; (3) policies on inventories; and (4) policies on property and equipment. Likewise, COA will train the SK Chairperson, SK Treasurer and the SK Secretary cn SK financial transactions. To date, the policy guidelines and the handbook are awaiting approval. Such COA policy shall be used by the SK officials in the preparation of the 2019 Annual Barangay Youth Investment Program. 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. Q: INTHE ABSENCE OF THE COA GUIDELINES, CAN THE SK OFFICIALS DISBURSE. HE SK FUNDS FOR YOUTH PROGRAM THROUGH THE AUTHORITY OF THE PUNONG BARANGAY AND BARANGAY TREASURER? ‘Ay In the absence of the guidelines implementing Section 20 of RA 10742, the SK Funds shall be disbursed in accordance with the existing procedure on the disbursement of barangay funds, which is through the authority of the Punong Barangay and Barangay Treasurer. “This finds basis in Section 20 (a) ofthe IRR of RA 10742 which provides that the SK Funds “shall be disbursed in accordance with pertinent provisions of RA 10742, this IRR_BA7160, RA 9184 and such other pertinent rules and regulations” se it noted that for FY 2018, the utilization of the SK Funds shall be in accordance with COMELEC Resolution 10213, “Guidelines on the Allocation and Utilization of Sangguniang Kabataan Funds” Section 12 of which, provides that. 0 occas the SK Funds, the TFYD, shall prepare an activity design for each of the project ineluded 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 released to the TRYD. Accordingly, pending the issuance of COA guidelines on the disbursement of SK funds per Section 20 (a) of the IRR of the SK Reform Act, Section 12 of the “Guidelines on the Allocation and Utilization of Sangguniang Kabataan Funds” of COMELEC Resolution 10213 is still operative, only this time the SK Shall prepare the Activity Design instead of the TFYD, whose term of office ended upon the election and assumption to office of the of the SK Officials elected in the May 14,2018 BSK elections. Q. WHEN WILL THE SK CHAIRPERSON AND SK TREASURER OPEN THEIR BANK ACCOUNTS AND GET BONDED? 'A. The Bureau of Local Government Finance is yet to issue guidelines on the opening of bank account of SK. Page 9 of 12‘Asto the fidelity bond of SK Chairperson and SK Treasurer, as agreed in a meeting oon August 22, 2018 between DILG-NBOO, DILG-Legal Service and the Bureau of Treasury (BTR), the BTR will amend Treasury Circular 02-2009 "Omnibus Regulations Governing the Fidelity Bonding of Accountable Public Officers” to ree fe the SK Chairperson and SK Treasurer, the implementation of which will be in 2019. lv. PLANAND PROGRAMS Q. FOR FY 2018, WHAT PROGRAMS AND PROJECTS AND ACTIVITIES (PPAS) WILL THE SK IMPLEMENT? AA: For the remaining months of FY 2018, the newly elected SKs will contri to implement the PPAs contained in the Annual Barangay Youth Investment Program (ABYIP) that was formulated by the Task Force of Youth Development (TFYD) in FY 2017, in accordance with COMELEC Resolution No. 10213, with Guidelines on the Allocation and Utilization of the Sangguniang Kabataan tals, Rule Il, Committee and Task Force, which provides the following “section 5. The Task Force on Youth Development (TFYD) creuted in 3017 shall continue to exercise its functions, such as... the preparation. ‘allocation and implementation ofthe ABYIPfor FY 2018 and every yee thereafter, until such time that the new SK Officials shall have been duly flected and qualified... Prioritize and finalize programs, projects and/or activitie a. Formulate the ABYIP for FY 2018 and the succeeding years, using the prescribed template [Annex “A"], which shall contain programs, projects and activities [PPAs] pursuant 10 RA 10742; b. Eneure the allocation for the Mandatory Training and SK Pederasyon Orientation and Elections, with corresponding project cost. and necessary fund flows to approximate the reasonable timing in the release of funds per RA 10742 c. Submit the ABYIP [signed by all members of the TFYD] wich the corresponding budget to the Punong Barangay for his review and ; a Accomplish TEYD Monitoring Form 1 [Annex “B'] on the Percentage of Allocation per PPA and submit the same (0 the concerned C/MLGOO; e. Furnish the concerned City/Municipal Youth Development officer and DILG City/Municipal Local Government Officer copy of the approved ABYIP; f Post the approved ABYIP in the barangay hall premises: 6° ‘9. Implement the PPAs in accordance with the approved ABYIP: Further, the said guidelines provide the following “section 1. The Use of SK Funds - The 10% of the general func of the barangay allocated for the SK shall be used solely fo. “youth development Page 4 of 12and empowerment programs and projects until the new set of SK officials shall have been duly elected and qualified.” “Section 2. Allocation of SK Funds. - The SK funds shall be allocated in accordance with Republic Act No. 10742, as follows: a. Mandatory Training and SK Pederasyon Orientation and Elections - there shall be an amount appropriated for registration, accommodation and other necessary expenses {for the conduct of the Mandatory Training and the SK Pederasyon Orientation and Elections b. Youth Development and Empowerment Programs and Projects that will promote and ensure: Equitable access to quality education Environmental protection Climate change adaptation and disaster risk reduction and resiliency Youth employment and livelihood Health Anti-drug abuse Gender sensitivity Sports development Capability building which give emphasis on leadership training 10. Linggo ng Kabataan celebration we wernansr “section 8. Inventory and Turn Over of TFYD Financial Records and Properties. - In furtherance of transparent and accountable youth ‘governance and 0 ensure che smooth transition t0 the incoming SK Officials, the TFYD shall conduct the inventory ofall properties, Jinances and documents of the Task Force.” in view of the foregoing, the newly-elected SK Officials shal! ask copy of the ‘ABYIP FY 2018 from the Punong Barangay as this was turned-oves them by the previous barangay officials pursuant to DILG MC No. 2018-12 dated February 1, 2018. ‘The ABYIP shall be the basis in determining which programs were already implemented during the 1* semester of the year (January-June 2018) and those to be implemented for the remaining of the year in addition, the SK Officials shall also determine the revenves gencrated by the berangay from January 2018 up to the present date, 3 10% of which is garmarked for the SK. in case that there are funds actually available as certified by the barangay treasurer, the SK may ers & supplemental budget in oy Srdance with Section 8 (a) and () of the SK Reform Act Page § of 12Q. WHEN SHOULD THE SK PREPARE THEIR COMPREHENSIVE BARANGAY YOUTH DEVELOPMENT PLAN (CBYDP)? A. TheSK shall prepare the 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: “(a) In consultation and with the concurrence of the Katipunan ng Kabataan, and within three (3) months from assumption tc office, formulate a three (3) year rolling plan, which shall be known as the ‘Comprehensive Barangay Youth Development Plan, which shall serve as basis in the preparation of the Annual Barangay Youth Investment Program. This plan shall be aligned with the Philippine Youth Development (PYDP) and other Local Youth Development Plans in every level, municipal, city and provincial as is relevant”. In Section 18 of the SK Reform Act, failure to formulate the CBYDP and ABYIP within the prescribed period without justifiable reason shall be « ground for Suspension and removal from Office of any elected SK Official for not more than Six months or removed from office by majority vote of 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. It specifically states that "Sec 18, Suspension and Removal from Office. - Any elected official of the Sangguniang Kabataan may, after due process, be suspended for not more than six (6) months or removed from office by majority vote ofall members of the Sangguniang Bayan or Sangguniang Panglungsod which has jurisdiction in the barangay of the concerned Sangguniang Kabataan “official which shall be final and executory, on any ofthe following grounds: (a) Failure to formulate the Comprehensive Barangay Youth Development Plan and the Annual barangay Youth Investment Program, or approve the annual budget within the prescribed period of time without justifiable reason’. \. APPOINTMENT OF SK SECRETARY AND SK TREASURER Q: IN THE APPOINTMENT OF THE SK TREASURER AND THE SK SECRETARY, WILL THE ANTI-DYNASTY PROVISION OF RA 10742, OR THE SK REFORM ACT APPLY? A; Item 4.1.6 of DILG Memorandum Circular No. 2018-131 othe ” Guidelines on the oN pppointment of Sangguniang Kabataan Secretary and Sangguniang Kabataan soPmsurer at the Barangay Level", states that the SK Secretary and St Treasurer arease not be related within the second civil degree of consanguinity oF affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay offical, in the locality where he or she seeks to be appointed”. Page 6 of 12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 Sangguniang Kabataan, “either elective or 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 offical, in the locality where she seeks to be elected” xxx XXX XXX. ‘The above-quoted provision specifically mentions appointive SK officials, hence, Wwe 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 VI. PRIVELEGES OF SK’ Q ARE SK OFFICIALS EXEMPTED FROM ATTENDING THEIR NSTP SUBJECTS? ‘A: Yes, Section 16 (2) of RA 10742 provides that “al! Sangguniang Kabetaan officials: in good standing, whether elected or appointed, shall during their incumbency be exempt from taking the National Service Training Program-Civil Welfare Training vi TP jects”. SK officials, however, shall be required to submit written reports and other ocumentations of their participation in the implementation of programs, projects ‘and activities outlined in the CBYDP. Absence of such reports 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. Q: HOW WILL THE SK OFFICIALS AVAIL OF THEIR PHILHEALTH COVERAGE FROM THE GOVERNMENT IF THE SK OFFICIALS ARE ALREADY EMPLOYED? WHAT PROOF WILL THE SK PRESENT TO THE PRIVATE EMPLOYER SO AS NOT TO BE DEDUCTED FOR PHILHEALTH COVERAGE? ‘A: For the Phil Health benefits of the SK, PhilHealth is yet to issue guidelines for the purpose. Q: HOW WILL THE SK AVAIL OF THE FREE TUITION FEE IN STATE UNIVERSITIES AND COLLEGES (SUCS)? CAN THE SK AVAIL THE FREE TUITION FEE IN PURSUING GRADUATE STUDIES/MASTER'S DEGREE OR SECOND BACHELOR'S DEGREE? A; 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 tnrelation to SK tuition fee and matriculation privilege: (1) whether RA 10931 amended the said Section 20(a) of RA 10742 considering that RA 10931 already’ provides for free tuition and matriculation fees for all Filipino students: and Page 7 of 12(2) whether the free tuition and matriculation privilege of SKs covers college and graduate education (Master's Degree) Vil. ALLOWANCES AND HONORARIA Q; WHETHER OR NOT THE SK CAN ALLOCATE FUNDS FOR ALLOWANCES AND HONORARIA OF SK MEMBERS (SK MEMBERS), SK SECRETARY AND SK TREASURER? Az ‘The Sangguniang Kabataan cannot allocate funds for the allowanes 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 QP ment and r which shall give priority to vit will pre te vir Qn e adaptation. i i mi how. f e i Clearly, based on the foregoing provisions, the Sangguniang Kabataan funds shall cee used for granting allowances and honoraria of SK Members, SK Secretary and SK Treasurer. Q: CAN THE PROVINCE, CITY, MUNICIPALITY OR THE BARANGAY ALLOCATE FUNDS FOR THE ALLOWANCE/HONORARIA OF SK MEMBERS, SK SECRETARY AND SK TREASURER? ‘A; Yes, the City, Municipality or the Barangay may allocate funds for the dllowance /honoratia of the SK Members, SK Secretary and SK Treastter, Te RA 110742 does not prohibit the LGUs to pay for the honorariuth of the said SK aifcials, provided that, such payment is not mandatory for the LGU, but only iseretionary, subject to the usual accounting and auditing rules Q: CAN THE CITY/MUNICIPALITY ENJOIN THE BARANGAY TO INCLUDE IN THEIR BUDGET THE HONORARIA FOR SK MEMBERS, SKC SECRETARIES AND SK TREASURERS? A: The city or municipality cannot enjoin the barangays *9. include in their budget the honorarium for SK Members, SK Secretaries and SK Treasurers in view ofthe 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 avvar the barangay thereby violating the principle of local autonomy: |g. Section 331 (b) of the Local Government Code limits barangoy spending for personal services to 55% of the annual income realized from local sources for rer ent preceding fiscal year. Directing the barangay to provide honoraria to said officials may result to barangays exceeding the limitations set by the Code. Page 8 of 12«Under Section 89 of the General Provisions of General Appropriations Act (GAA) of FY 2018 (Republic Act No, 10964), the enforcement of personal service limitation shall only be waived in the following instances to enable LGUs to} ‘Absorb the cost of hospital services transferred from provinces to newly created cities; Pay the CNA incentives of their employees; ~ Pay the retirement and terminal leave benefits including the monetization of leave credits of their employees; and Pay the minimum year-end bonus of P1,000.00 for the punong barangay and P600.00 for other mandatory barangay officials and their cash gifts vill. PRACTICE OF PROFESSION Q MAY A DULY ELECTED AND PROCLAIMED SK OFFICIAL ACCEPT EMPLOYMENT IN THE PRIVATE SECTOR? A. The duly elected and proclaimed SK official may accept employment in the private sector_as the Local Government Code only prohibits the Governors, City and Municipal Mayors from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives. As decided in ‘AC No. 5738 Wilfredo M. Catu vs. Atty. Vicente G. Rellosa and in several DILG Legal Opinions (No. 16 series of 2014; and No. 21 s. of 2017) that “no such interdiction is made on the Punong Barangay and the members of the Sangguniang Barangay. ‘Since they are excluded from any prohibition, the presumption is that they ore ‘allowed to practice their profession.” [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. Also, Section 12 of RA 10742 provides that the SK Chairperson shall automatically serveas ex-officio member of the Sangguniang Barangay and as such he or she shall se rvcise the same powers, discharge the same duties and functions, and enjay the same privileges as the regular Sangguniang Barangay members pursuant 0 Such being the case, the SK Chairperson may accept private employment except during session hours, otherwise, he or she may be deprived of his entitlement 10 honorarium. As opined in DILG Opinion No, 16.$.2007 “a Sangguniang Barangay Member may be legaily deprived of his honorarium by reason of his unauthorized sinsonces. It bears to note that under DBM Local Budget Circular No. 63 in relation ae section 393 of the Local Government Code, Sangguniang Barangay Members arg paid in the form of honorarium. Corollary thereto, the Government Accounting and Auditing Manual defines honorarium as that remuneration given t0 0 public official {for services actually rendered. Accordingly, other than other certain factors, the most convenient way of measirng aeeorvieec actually rendered by a Sangguniang Barangay Member is attendance je sewions, Under the Local Government Code, Sangguniang Barangays at in sersiore conduct ewo sessions a month. The honorarium can, therefore, be Mivided into two parts, each representing each session. Hence if a Sangguniang Page 9 of 12Barangay Member will absent himself rom sessions, he is not entitled co receive the proportionate amount of honorarium for services actually rendered’ Q MAY A DULY ELECTED AND PROCLAIMED SK OFFICIAL ACCEPT EMPLOYMENT IN THE GOVERNMENT? A. 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 official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.” Q. DOES THE PROHIBITION TO ACCEPT EMPLOYMENT IN THE ‘APPLIES TO JOB ORDER OR CONTRACT OF SERVICES? )VERMENT A. The law intends to prohibit public officials from holding positions in the government in whatever capacity, unless specifically allowed by lav While it has been established that Job Order and Contract of 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 tand, to a reasonable mind, does not need explanation. Indeed, ifacts that cannot be legally done directly can be done indirectly, 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. Ix, ITICAL DYNA‘ Q. MAY THE SANGGUNIANG BARANGAY MEMBER, WHO IS A FIRST TERMER, NOT HOLDING ANY ELECTIVE POST BEFORE THE MAY 14 BARANGAY AND. SK ELECTIONS, AND HIS BROTHER, THE NEWLY ELECTED SANGGUNIANG KABATAAN CHAIRPERSON BE BOTH ALLOWED TO SERVE IN THEIR RESPECTIVE POSTS WITHOUT VIOLATING THE ANTI-DYNASTY PROVISION OF THE SK REFORM ACT CONSIDERING THEY ARE RELATED AS BROTHERS? A. DILG Legal Opinion No. 48, S. 2018, Section 10 of 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 incumber national official or to any regional, provincial, city municipal or barangay official, inthe 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 pe noted that at the time of the filing of candidacy and during the conduct of elections, there is no incumbent clected official related to the SK Chairperson within the 24 civil degree of consanguinity or affinity as his brother is merely & Page 10 of 12xi candidate and is yet to elected. Thus, there is no violation of anti-political dynasty under RA 10742. ‘The Department's opinion on the matter is without prejudice to the view that COMELEC or the courts will take. 1 -! WER OF SK Q. MAY THE SK PASS AN ORDINANCE CONSIDERING THAT THE SK REFORM ACT (RA 10742) PROVIDES THAT THE SK CAN PASS RESOLUTION ONLY? ‘A. The Sangguniang Kabataan can pass an ordinance and 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. No less than the 1987 Philippine Constitution, Article VI, Section 29 provides that “No money shall be paid by the Treasury except in pursuance of an appropriation made by law.” Ordinance is a law. It possesses general or permanent character nd is subject of review by the Sanggunian, In contrast, Resolution merely provides for the declaration of sentiments or opinion of Sangguniang Kabataan bn certain issues or events and need not be submitted to the higher sanggunian for review. The annual budget of the SK should be embodied in an Ordinance and Should be submitted to the Sangguniang Bayan or Sangguniang Panlungsod for review. ESI N OF ELECTED SK OFF Q. WHAT MUST THE DULY ELECTED AND PROCLAIMED Sit OFFICIAL DO TO VALIDLY RELINQUISH THE DUTIES AND RESPONSIBILITIES OF HIS OFFICE? A. 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: «Filing 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 itnot acted upon by the LCE within fifteen (15) working days from receipt of the resignation. in the case of irrevocable resignation of SK officals, Section 82 (4) ofthe LG Code applies, which states that, “irrevocable resignations by sanggun/™™ members shall sevreemed accepted upon presentation before an open session of the sanggunie oe vearned and duly entered in its records: Provided, however, That this subsectio® «Ros not apply to sanggunian members who are subject to recall elections oF 0 soeeg where existing laws prescribed the manner of acting upon such resignations. Q. MAY THE SAID SK OFFICIAL BE CHARGED CRIMINALLY FOR VIOLATION OF ARTICLE 234 OF THE REVISED PENAL CODE? Page 11 of 12A. 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 ofthe Revised Penal Code or Refusal to Discharge Office. Such provision ofthe law shall be imposed upon any person who, having been elected by popular election toa public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office = For guidance. __- MARTIN B, DINO Undersecretary for Barangay: Affairs y pa Page 12 of 12