ce’ Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Tangle, Quezon City http: ww dllg.com.ph 07 Jan 202 CILG OPINION No. -B_ §. 2 MS. ISIDORA E. VENDIOLA MLGOO DILG Burgos, Ilocos Sur Dear MLGOO VENDIOLA: This has reference your letter dated 16 August 2019 requesting for legal opinion relative to automatic succession in the Position of SK Chairman vis-a-vis anti-dynasty provision of Republic Act No. 10742 (RA 10742), otherwise known as the Sangguniang Kabataan Reform Act of 2015. Office of the chairperson. It states: SEC. 19. Succession and Filling up of Vacancies, ~ (a) In case @ Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily ‘resigns, dies, is permanently incapacitated, is removed from office, the (6) After the vacancy shall have been filled, the Sangguniang Kabataan chairperson shall, within thirty (30) days, call for a Sangguniang Kabataan member to complete the membership of said sanggunian: Provided, That, such Special assembly is Serdinated with the Office of the Local Govemrons Operations Officer ‘and the COMELEC of the municipality or city where the concerned barangay belongs Such Sangguniang Kabataan member shall hold office for the unexpired Portionof the term of the vai the Philippines residing in the said barangay for at least six (6) (@) In case of suspension of the Sangguniang Kabataan chairperson, the successor, this section, shall assume such suspension. as determined in subsection (a) of the position during the period of Now, it is also stated that the Sk member said to have obtained the highest number of votes in the said lection is Mr. Mark Jason Abalos, the son of the incumbent Punong Barangay Myrna Abalos. Wher Mr. certificate of candidacy, his mother Ms. Abalos filed for his Myrna was then an incumbent Sangguniang Barangay member. Section 10 of Ra 10742 is relevant. It states: SEC. 10. Qualifications. - An official of the Sangguniang Kabataan, either elective or appointee, qualified voter of 2 resident of the barangay for not less than one q@Q) the Philippines, a Kabataan, must be a citizen of the Katipunan ng vrohtenmediately preceding the day of the elections, at lear eighteen (18) Filipino, English, turpitude. 76 of Batas Pambansa Big. 881 Election Code, relevant. It states: Section 76. Ministerial duty receipt. - The Commission, years but not more than twenty-four (24) years of age on the day of the elections, or the local dialect, within the second civil degree affinity to any incumbent elected any incumbent elected ipal, or barangay official, or she seeks to be elected, convicted by final judgment of able to read and write must not be related f consanguinity or national official or to regional, provincial, city, in the locality where he and must not have been any crime involving moral pt of the Certificate of Candidacy. Section (BP 881), otherwise known as the Omnibus Of receiving and acknowledging provincial election supervisor, election registrar or officer designated by the Comicon n-bol vs. COMELEC?, the Supreme Court states that the COMELEC cannot motu proprio deny due course to or cancel an alleged nuisance candidate's Certificate of candidacy without Providing the candidate his Opportunity to be heard. In the same vein, we find Section 78 of BP 881, relevant. It states. Section 78. Petition to deny due course to or cancel a Certificate of candidacy. - A verified petition seeking to deny due course or to cancel a certificate Of candidacy may be filed by the person exclusively on the ground that any material certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election. Accordingly, the COMELEC does not have the liberty to reject the certificate Of candidacy as it is a ministerial duty on its part to receive and acknowledge the receipt of the same and it takes a verified Petition to initiate an action to cancel a certificate of candidacy, For this Department, we have no authority nor mandate to declare the disqualification of Mr. Abalos. We are of the View that the matter is a justiciable nature under the rule on Quo Warranto. Per Rule 66 of the Rules of Court, which petides that an action for usurpation of 2 public Office, position or franchise may be commenced by a verified petition brought in the name of the Republic of tne Philippines against a person who usurps, intrudes into, or unlawfully holds or &xercises a public office, position or franchise, among others. Further, we shall refrain from see nenting on the same. This Department's Memorandum Order No. 2010-02 states, 2. | Those containing facts that are justiciable in nature. Justiciable issues are those that require adjudication by the courts of law as to who between the 2. os, MOS presumptively valid acts, e.g. enacted Ordinances, consummated acts that already enjoy the presumption of regularity on the part of the Public officer concerned, and similar instances; Fy excise that are itis pendencia, or Pending Iitigation, except when the court itself requests for the opinion. In the event that an opinion has boon rendered by the Department and its field officers withour knowledge or *G.R. No, 206004 dated February 24, 2015information that a case involving the issues raised in the query is pending in court, such opinion shall automatically be deemed ineffective; and 4. Those that are cognizable by other agencies of the government,” Thus, by operation of law, we deem it apt to uphold the rule on automatic succession as aforecited, We hope to have enlightened you on the matter, Thank you. Very truly yours, By the authority of the Secretary MARIVEL C. ACENDONCILLO, CESO IT iUndersecngeay for Local Government ¥