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Guidance on the Assumption of Office of BSKO Elected Last October 30, 2023  

The Synchronized BSKE is scheduled on October 30, 2023 pursuant to Section 1 of Republic Act (RA) No. 119351.

The Supreme Court, in G.R. No. 2635903 and G.R. No. 2636733 declared RA No. 11935 as unconstitutional, and ruled that the BSKE set on the last Monday of October 2023 shall proceed as scheduled. Further, the Supreme Court likewise ruled that "The sitting BSK officials shall continue to hold office until their successor shall have been elected and qualified.

In this connection, the Department sought the guidance and clarification from the Commission on Elections (COMELEC) on the exact period of the assumption of the newly elected Barangay and Sangguniang Kabataan Officials (BSKOs) in the October 30, 2023 BSKE. In response, the COMELEC, in its letter dated October 25, 2023 clarified that:

"Xxx if the candidate for the October 30, 2023 BSKE obtained the highest number of votes among the remaining candidates for the same position in the same barangay, and later on proclaimed, and subsequently took his or her oath of office, the said candidate, now referred to as the winning candidate and/or newly elected official, may immediately and effectively assume office." (underscoring ours)

Section 31 of the Revised Rules and Regulations implementing RA No. 10742, as amended by RA No. 11768 mandates that "any SK official, whether elected or appointed or any member of the LYDC must undergo the mandatory training programs before she/he can assume office.

Guidelines 

1. CITY AND MUNICIPAL MAYORS

1.1 Enjoin the winning candidates/newly elected SK Officials to attend the SK Mandatory Training before they assume office.

1.2 Direct the sitting/outgoing Barangay and Sangguniang Kabataan Officials (BSKOs) to fast track the conduct of the final inventory of the Barangay and SK Properties, Financial Records, Documents and Properties (PFRDs) and Money Accountabilities*

1.3 Ensure that Barangay and SK PFRDs and Money Accountabilities are inventoried by the City/Municipal Assessment and Transition Team

(C/MATT) and turned over to the newly elected BSKOs.

1.4 Direct the City/Municipal Accountant, as the Chairperson of the C/MATT, to coordinate and collaborate with the DILG City Director or the City/Municipal Local Government Operations Officer (C/MLGOO) concerned and other members of the C/MATT, to:

1.4.1 Give priority to the conduct of final inventory and submission of the accomplished Barangay and SK Inventory and Turnover Form No. 2 by the Barangay Inventory Team (BIT) and SK Inventory Team (SKIT) and the conduct of assessment/inventory by the C/MATT, within three (3) weeks from proclamation.

1.4.2 Conduct the final assessment/inventory of the Barangay and SK PFRDs and Money Accountabilities.

2. NEWLY ELECTED BARANGAY AND SK OFFICIALS

2.1 Barangay Officials

2.1.1 Comply with the requirement under Section 14 of Republic Act No. 7166 to file in duplicate with the COMELEC the full, true, and itemized statement of all contributions and expenditures (SOCE) within thirty (30) days after the day of the election.

2.1.2 Coordinate with the outgoing Punong Barangay or C/MATT to get the schedule of the Turnover Ceremony.

2.1.3 Validate the list (Barangay Inventory and Turnover Form No. 2) of the Barangay PFRDs and Money Accountabilities and the actual physical count of the properties/finances to be turned over by the outgoing Barangay Officials.

2.1.4 Sign Form No. 2.

2.2 SK Officials:

2.2.1Comply with the requirement under Section 14 of Republic Act No. 7166 to file in duplicate with the COMELEC the full, true, and itemized statement of all contributions and expenditures (SOCE) within thirty (30) days after the day of the election.

2.2.2 Attend the Mandatory Training and obtain a copy of the Certificate of Completion of the Mandatory Training

2.2.3 Attend the Pederasyon Elections, in the case of the newly elected SK Chairpersons.

2.2.4 Coordinate with the outgoing SK Chairperson or C/MATT to get the schedule of the Turnover Ceremony

2.2.5 Validate the inventory of SK PFRDs and Money Accountabilities to be turned over by the outgoing SK Officials.

3. OUTGOING BARANGAY AND SK OFFICIALS

3.1 Submit the final inventory of the Barangay and SK Properties, Financial Records, Documents and Properties (PFRDs) and Money Accountabilities.

3.2 Ensure turnover of all the Barangay and SK PFRDs and Money

Accountabilities to the incoming/newly elected BSKOs.

3.3 When necessary and when the newly elected officials of the barangay have not yet completely assumed office, ensure payment of recurring legitimate obligations of the barangay, particularly utility bills, salaries and honorarium only (barangay officials/employees) only.

Updates

The Department through the National Barangay Operations (NBOO) has been receiving several inquiries pertaining to the grant of SRI, summarized as:

1. Are former barangay officials and employees who ended their tenure before November 30, 2023, eligible to receive the SRI?

2. Are newly-elected officials who assumed office before November 30, 2023, eligible for the SRI?

DBM Undersecretary Wilford Will L. Wong, in his letter-reply dated December 29, 2023, stated in part, the following:

1. Administrative Order No. 12, s. 2023, authorizes the grant of one-time SRI at a uniform rate not exceeding 20,000 pesos for each qualified government personnel subject to conditions prescribed therein.

2. Budget Circular (BC) No. 2023-2, dated December 13, 2023 was issued to implement the above AO, which provides conditions for the grant of SRI. One of which is item 5.2 of BC 2023-2, which states that “the personnel are still in government service as of November 30, 2023.”

3. He said that “appointive and elective officials who are in serviceas of November 30, 2023 may be entitled to the grant of the one-time SRI, whether in full amount or on a pro-rated basis, depending on their respective lengths of rendered services this year”

4. Further “The LGU officials who formerly occupied elective positions but are no longer in office as of November 30, 2023 are not entitled to the grant of the FY 2023 SRI.”

Legal Bases / References

• Advisory 2024.01.10 Reply of the Department of Budget and Management (DBM) On Inquiries to the Service Recognition Incentives (SRI)

• Unnumbered Memo 2023.11.11 Data in the Sangguniang Kabataan As A Result of the 2023 Barangays and SK Elections

• MC 2023 - 166 Guidance on the Assumption of Office of the Barangay and SK Officials elected on October 30, 2023 synchronized Barangay and Sangguniang Kabataan Elections (BSKE) and other relevant directives