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Legal Opinions

 

 SANGGUNIANG KABATAAN
OPINION NO.
ISSUES
 DOWNLOAD 
1999-01

 SK FUND DISBURSEMENT

1) Whether or not the Sangguniang Kabataan can disburse, per its approved plan and budget, its 10% share in the general fund of the barangay without prior approval of its Punong Barangay; and

2) If the answer is in the affirmative, who will approve the disbursement?

2000-09

 LEAVE OF ABSENCE

1) Whether or not an SK Chairman and ex-officio member of the Sangguniang Bayan may file a leave of absence for one(1) year to review for a Board Exam?
2) Who is the approving authority of such leave of absence?

2000-10

 BACKWAGES

Whether or not the claim of Acting SK Chairman Federation President and exofficio SB member Banjo Niño Flores for backwages is valid?

2000-12

 NATURE OF PUBLIC OFFICE; RECALL

1) Can the aforementioned MOA be implemented and/or enforced?

2) If the answer to the first query is in the negative, can the recall petition initiated earlier be continued or is there a need to file a new petition for recall?

2002-15

 

Legal opinion rendered on July 24, 2002 in response to the query of Atty. Ronaldo B. Perez, Secretary to the Sangguniang Panlungsod, Baguio City relative to the request of ex-officio SP Member Jonathan B. Tambol for Authority to Travel on Official Business for the period July 29, 2002 to September 8, 2002, and for Official Leave of Absence from September 8, 2002 to October 29, 2002, to enable him to attend the Pre-departure Activities as well as to fulfill his duties and responsibilities as Ambassador of Goodwill of the Philippines:

1) Whether or not the term of office of SP Member Tambol as SK Federation President and as ex-officio member of the SP extend until October 29, 2002?;

2) Assuming that he is granted official leave of absence until October 29, 2002 but the new SK Federation President would have been elected and qualified prior to October 29, 2002, what would be the effect of such election and qualification of the new SK Federation President on the official leave of absence of Councilor Tambol as ex-officio member of the SP?; and

3) As one of the two delegates from Baguio City to the 29th SSEAYP, is the participation of Councilor Tambol falls under his duties and functions as SK Federation President and ex-officio Member of the SP to justify his travel on Official Business to attend to the pre-departure activities from July 29, 2002 to September 8, 2002?

 

2002-16

Clarifications on the following issues:

1) Whether or not the highest ranking Sangguniang Barangay Member would succeed to the Office of the Punong Barangay after the incumbent Punong Barangay of Caponga, Tublay, who is seeking re-election unopposed, died in a vehicular accident before the just concluded July 15, 2002 Synchronized Barangay and SK Elections?;

2) If the answer in the first issue is in the affirmative, whether or not there is need for the highest ranking Sangguniang Barangay Member to take his or her oath as Barangay Kagawad first before taking his or her oath as Punong Barangay?; and

3) Whether or not to defer business with the SK considering the many vacancies therein as a result of the fact that only few have filed their candidacy?

2002-27 Legal opinion with regards to the succession and filing up of vacancies re: Sangguniang Kabataan Federation President who have been elected as President of a higher federation, may we cite to you the following provisions of the 2001 Katipunan ng Kabataan (KK) and Sangguniang Kabataan (SK) Constitution and By-laws
2002-30

1) Whether or not the Elected ABC President and SK Federation President who are ex-officio members of the sangguniang bayan and are receiving their salary and RATA as such, can also receive their allotted honorarium as barangay officials.

2) Can elected barangay officials, be a member of the CAFGU and again receive honorarium as such? How about elected ABC President?

2003-38

Letter-query regarding unfilled positions of SK Officials in the newly-created barangays of Bulanao Norte and Ipil, both of the municipality of Tabuk:

1) Whether or not Sec. 3 of SP Ordinance 2002-02 applies to the position of SK Chairman considering that he is a barangay official as per LGC of 1991;

2) Whether or not Sec. 3 of said ordinance apply to SK Chairman and SK Kagawad;

3) If the answer to the first query is in the affirmative, how will the remaining vacancies be filled? and

4) If the answer to the second query is negative, how will the vacancies be filled?”

2003-43

Clarification on the rule on succession, particularly on whether or not it is automatic for Ms. Wilfreda Baro of Barangay Calao, Bucay, Abra, to be appointed SK Chairman considering that she is the duly elected number two SK Kagawad

2003-48

Opinion on the following issues:

1) If the SK Federation President is pressured/forced to resign from his/her post as Municipal SK Fed. President, can he/she go back to his/her barangay as chairman notwithstanding Art. XVI, Sec. 4, e?

2) In case of failure of election of officers of the SK at the barangay level, can the Election Supervisor schedule and declare another election?

2003-55

Opinion on the appropriateness of the Liga ng mga Barangay Resolution particularly on the issue:


Whether or not the chairman and the members of the Board of Election Supervisors (BES), created during the SK Special Elections in the eight different barangays of Kiangan, Ifugao, are entitled to honorarium?

2003-63 Opinion relative to the allocation of the 10% SK fund wherein the punong barangay and members of the barangay council was planning to appropriate some amount (from the 10% SK funds) to augment the construction of the Barangay Health Center as stated to your letter
2004-89 Legal opinion regarding the educational benefits of barangay officials as well as their legitimate dependents under the Local Government Code of 1991 (RA 7160)
2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-137

Letter-query regarding the administrative charge against a President of the SK Municipal Chapter wherein you raised the following issues:

1) Whether or not the Affidavit of Desistance of the complainant is a valid ground for the dismissal of the administrative complaint already filed with the Sangguniang Bayan.

2) Whether or not the Sangguniang Bayan has the jurisdiction over the case of an SK Municipal Federation President who is an ex-officio member thereof.

2007-144 Issue as to whether or not the Sangguniang Kabataan (SK) Chairman could be appointed as Researcher on a Job Order basis at the Office of the Municipal Vice Mayor
2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

1) Is she entitled to her salary if she is absent for three consecutive sessions?

2) Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

3) Can the SKF President claim her RATA even if she is on leave of absence?

4) If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

5) Can the decision of the MLGOO assigned to this LGU override the rules and regulations being implemented by the office of the Municipal Accountant and Municipal Budget with regards to RATA?

6) Can the SKF Vice President represent her in sessions?

2008-187 Legal opinion on the implementation of educational benefit provided for under Section 434 of the Local Government Code of 1991 which the Ifugao State College of Agriculture and Forestry (ISCAF) refuses to grant to its supposed beneficiaries
2008-192 Opinion relative to the educational benefit for barangay officials and their legitimate dependents
2008-193 Opinion on the legality of the Institutional Policy on the BSU-LGU study grant
2009-208

Clarification on honoraria as Sangguniang Kabataan Chairman:

1) Am I entitled to receive the same amount of Honorarium (P5,550.74) as received by my colleagues, notwithstanding the fact that I am also receiving a salary for being a SK Federation President?

2) Is there any law or is it legal for the Barangay Council to fix my Honorarium in the amount of Six Hundred (P600.00) Pesos for the reason that I am receiving a salary for being an SK Federation President?

3) Granting that it is illegal, am I entitled to back wages and to claim unpaid bonuses/cash gifts?

4) If it is legal that my honorarium as SK Chairman of this Barangay can be reduced considering that I am an SK Federation President and receiving salary as such, may I be clarified of the legal basis for computing its reduction?

2009-210 Comment on the Proposed Ordinance Granting Benefits and Emoluments to all Sangguniang Kabataan Kagawads of Baguio City
2009-217 Opinion relating the absences of SK Chairman for about six (6) months due to his transfer to Davao City

 

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