REPUBLIC ACT NO.

10742

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 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:

(a) Absence from the regular meeting of the Sangguniang Kabataan without valid
cause for two (2) consecutive times or accumulated absences of four (4)
within a period of twelve (12) months;

(b) Failure to convene the regular assembly of the Katipunan ng Kabataan for two (2)
consecutive times;

(c) Failure to convene the regular Sangguniang Kabataan meetings for three (3)
consecutive months in the case of the Sangguniang Kabataan chairperson;

(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;

(e) Failure to implement programs and projects outlined in the Annual Barangay
Youth Investment Program without justifiable reason;

(f) Four (4) consecutive absences during the regular Sangguniang Barangay
sessions without valid cause in the case of the Sangguniang Kabataan
chairperson;

(g) Conviction by final judgment of a crime involving moral turpitude; and violation of
existing laws against graft and corruption and other civil service laws, rules
and regulations; and

(h) Failure in the discharge of his or her duty or has committed abuse of authority.

SEC. 21. Pederasyon ng Sangguniang Kabataan. – (a) There shall be an

organization of the Pederasyon ng mga Sangguniang Kabataan to be
known as follows:

(1) In municipalities, Pambayang Pederasyon ng mga Sangguniang Kabataan which

shall be composed of the Sangguniang Kabataan chairpersons of barangays
in the municipality;
(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

(3) In provinces, Panlalawigang Pederasyon ng mga Sangguniang Kabataan which

shall be composed of the convenors of the Pambayan and Panlungsod na
Pederasyon ng mga Sangguniang Kabataan.

(b) The Pederasyon ng mga Sangguniang Kabataan shall, at all levels, elect from
among themselves a president, a vice president, a treasurer, a secretary and
such other officers as they may deem necessary. The concerned Local
Government Operations Officer, in coordination with the election officer, shall
facilitate the conduct of the elections which shall be held within fifteen (15)
days from the Sangguniang Kabataan elections in case of the Pambayan and
Panlungsod na Pederasyon, and within thirty (30) days in case of the
Panlalawigang Pederasyon.

(c) The manner of election, suspension and removal of the officers of the
Pederasyon at all levels and the term of office of the other officers of the
Pederasyon shall be governed by the guidelines to be jointly issued by
the DILG, the COMELEC and the Commission within sixty (60) days
upon the effectivity of this Act.

Joint Memorandum Circular 2017-01

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

b. Sangguniang Panlalawigan, in the case of Pambayang Pederasyon

President who is an ex-officio member of the Sangguniang Bayan
(municipality), whose decision may be appealed to the Office of the President;
or
c. Sanggunian concerned, in the case of other officers of the concerned Pederasyon,
whose decision shall be final and executory.

Section 33. Notice of Hearing

a. Within seven (7) days after the verified complaint is filed, the office of the
president or the Sanggunian concerned, as the case may be, shall require the
respondent to submit his/her verified answer within fifteen (15) days from receipt
thereof, and commence the investigation of the case within ten (10) days after
receipt of such answer of the respondent.

b. When the respondent is a Pederasyon President of a province or highly urbanized

city, such hearing and investigation shall be conducted in the place where he/she
renders or holds office. For all other Pederasyon officers, the venue shall be the
place where the Sanggunian concerned is located.

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d. Non-appearance of either party may have the following effects:

1. Non-appearance of the complainant, without justifiable cause, shall result in the

dismissal of the complaint

2. Non-appearance of the respondent, without justifiable cause shall constitute a

waiver of his/her right to present his/her side.

Section 34. Preventive Suspension;

a. Preventive suspension may be imposed:

1. By the President, if the respondent is a Pederasyon Officer of a province, a highly

urbanized or an independent component city or the Pederasyon officer of Pateros,
NCR; or

2. By the governor, if the respondent is a Pederasyon officer of a component city or

municipality;

b. Preventive suspension may be imposed any time against any SK Pederasyon

officer at all levels, under the following conditions;

1. After issuers are joined;

2. When the evidence of guilt is strong; and

3. given the gravity of the offense, there is a great probability that the continuance in
the office of the respondent could influence the witnesses or pose a threat to the
safety and integrity of the records and other evidence.

c. Any single preventive suspension of the Pederasyon officer shall not exceed sixty
(60) days.
Section 35. Suspension and Removal from Office. – Any elected SK Pederasyon
officer at all levels, after due process, may be suspended for not more than six (6)
months, or removed from the office of the concerned Pederasyon, by a majority vote
of all the members of the Sangguniang Panlungsod/Bayan or Panlalawigan
concerned, or by the higher authorities, on grounds stated in Section 31 (a) (b) of
this JMC.

Section 36. Rights of Respondent. – The Respondent shall be accorded full

opportunity to appear and defend himself in person or by counsel, to confront and
cross-examine the witnesses against him, and to require the attendance of
witnesses and the production of documentary evidence in his favor.

Section 37. Decision. The decision shall be rendered by the Office of the President
or the Sanggunian concerned within thirty (30) days after the termination of the
investigation of the against any Pederasyon Officer. The concerned authority shall:

a. Render decision in writing, stating clearly and distinctly the facts and the reasons
for such decision.

b. copies of the said decision shall immediately be furnished the respondent and all
interest parties.

c. The penalty of suspension shall not exceed the unexpired term of the respondent
or a period of six (6) months for every offense nor shall said penalty be a bar to the
candidacy of the respondents so suspended to any elective SK office.

d. The penalty of removal from office as a result of said investigation shall be

considered a bar to the candidacy of the respondent to any elective SK office.

Section 38. Appeal. – Decisions of the concerned Sanggunian may, within thirty
(30) days from receipt of said decision shall be appealed to the following:

a. The Sangguniang panlalawigan, in the case of decisions of the Sangguniang

panglungsod of component cities and Sangguniang bayan; or

b. the Office of the President, in the case of decisions of the Sangguniang

panlalawigan, the Sangguniang panglungsod of highly urbanized cities and
independent component cities, including the decision of the Sangguniang bayan of
Pateros, NCR. Decisions of the Office of the President is final and executory.