The Supreme Court has clarified the scope of authority concerning the removal of Sangguniang Kabataan (SK) officials. The Court ruled that while a Sangguniang Panlungsod cannot remove an SK Federation President, it does possess the authority to remove an SK Chairperson from office, provided due process is followed and the grounds for removal align with Republic Act No. 10742, also known as the SK Reform Act of 2015. This distinction ensures accountability among youth leaders while adhering to the proper legal channels for disciplinary actions.

Navigating Youth Governance: Can Local Councils Oust SK Leaders?

This case involves Janine Alexandra R. Carlos, who simultaneously held positions as SK Chairperson of Brgy. Marulas, SK Federation President of Valenzuela City, and ex-officio member of the Sangguniang Panlungsod. Her conduct came under scrutiny, leading to resolutions by the SK Federation and the Sangguniang Panlungsod to remove her from her positions. This prompted a legal battle that ultimately reached the Supreme Court, where the central issue revolved around determining which body has the authority to remove an SK Federation President and an SK Chairperson from office, and what procedures must be followed in doing so. The court’s decision hinged on interpreting the interplay between the Local Government Code (LGC), the SK Reform Act, and the Joint Memorandum Circular (JMC) No. 2017-01.

The Supreme Court began its analysis by differentiating between the roles of SK Federation President and SK Chairperson. The court emphasized that Section 32 of JMC No. 01-17 clearly vests jurisdiction over administrative complaints against SK Federation Presidents of highly urbanized cities with the Office of the President (OP). The specific provision states:

SECTION 32. Form and Filing of Complaints. – A verified complaint against any Pederasyon Officer shall be initiated only by any officer or member of the concerned Pederasyon and shall be filed before the following:
 
a. Office of the President, in the case of the Panlalawigan, Panlungsod/Bayan Pederasyon Presidents who are ex-officio members of the Sangguniang Panlalawigan, Panlungsod (HUC, ICC or Component City), and the Pederasyon President of Pateros, NCR, respectively; or

Based on this provision, the Court affirmed that the Sangguniang Panlungsod of Valenzuela City overstepped its authority when it issued Resolution No. 1169, series of 2018, effectively removing Carlos as SK Federation President and replacing her with Carreon. The Court thus sided with Carlos on this specific issue, asserting that the power to remove an SK Federation President in a highly urbanized city resides solely with the OP.

The Court then turned to the matter of Carlos’s removal as SK Chairperson of Brgy. Marulas. Here, the analysis involved dissecting the seemingly conflicting provisions of the LGC and the SK Reform Act. Prior to the enactment of R.A. No. 10742, Section 60 of the LGC stipulated that an elective local official could only be removed from office by order of the proper court. Section 60 of the LGC states:

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.

However, the Court emphasized that R.A. No. 10742, while not explicitly repealing Section 60 of the LGC, effectively modified it with respect to SK officials. Section 18 of R.A. No. 10742 provides a distinct mechanism for the suspension and removal of SK officials, granting the Sangguniang Bayan or Sangguniang Panlungsod the authority to take such actions. This provision outlines:

Section 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 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, on any of the following grounds: x x x x (d) 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;

The Court clarified that the explicit language of Section 18 of R.A. No. 10742 superseded the LGC’s requirement for court intervention in the removal of SK officials. Therefore, the Sangguniang Panlungsod of Valenzuela City acted within its legal bounds when it removed Carlos from her position as SK Chairperson of Brgy. Marulas, provided that due process was observed and the grounds for removal aligned with those specified in Section 18 of the SK Reform Act. The Court found that these conditions were met in this case, validating the Sangguniang Panlungsod’s action.

The court also addressed the implications of Carlos’s removal as SK Chairperson on her position as SK Federation President. Section 21 of R.A. No. 10742 outlines the composition of the SK Federation:

Section 21. Pederasyon ng Sangguniang Kabataan. – (a) There shall be an organization of the Pederasyon ng mga Sangguniang Kabataan to be known as follows:

x x x x

(2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang Kabataan which shall be composed of the Sangguniang Kabataan chairpersons of barangays in the city; and

x x x x

Given that the SK Federation is composed of SK Chairpersons, the Court reasoned that Carlos’s removal as SK Chairperson of Brgy. Marulas necessarily resulted in her removal as SK Federation President of Valenzuela City. The Court stated that only sitting SK Chairpersons are eligible to hold the position of SK Federation President.

In essence, the Supreme Court’s decision serves as a roadmap for navigating the complex landscape of SK governance. It clarifies the distinct roles and responsibilities of various bodies in overseeing the conduct of SK officials, ensuring that disciplinary actions are taken in accordance with the law. The Court’s analysis also underscores the importance of adhering to due process and respecting the specific provisions of both the LGC and the SK Reform Act when addressing issues of suspension and removal within the SK.

This ruling underscores the importance of understanding the specific legal framework governing youth leadership in the Philippines. By clarifying the boundaries of authority and emphasizing the need for due process, the Supreme Court has provided valuable guidance for ensuring accountability and effective governance within the Sangguniang Kabataan system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Sangguniang Panlungsod ng Valenzuela City vs. Janine Alexandra R. Carlos, G.R. No. 255453, November 24, 2021