THE Supreme Court (SC) has given the green light for the holding of the 2023 Barangay and Sangguniang Kabataan (SK) elections, scheduled for October 30, 2023.
The SC’s decision came as a final rejection of the Office of the Solicitor General’s (OSG) motion for reconsideration on the court’s June 27, 2023 ruling.
The said SC ruling declared two critical points: (a) Republic Act No. 11935, which aimed to postpone the elections, was deemed unconstitutional, and (b) the Barangay and Sangguniang Kabataan Elections (BSKE) set for the last Monday of October 2023, as per RA 11935, would proceed as originally scheduled, among other directives, according to abogado.ph.
The OSG had persistently argued that RA 11935 adhered to constitutional standards for substantive due process and that its enactment was not marked by grave abuse of discretion.
Furthermore, the OSG contended that RA 11935 served legitimate government interests, including the need for additional time to assess electoral reforms for the BSKE.
The OSG also stressed that the postponement of the BSKE was integral to Congress’ vision for BSKE system reform.
However, the SC dismissed the OSG’s arguments as “mere reiterations” of those previously addressed in the Court’s June 27, 2023 decision.
The SC maintained that the legislative history of RA 11935 clearly showed it lacked support from a legitimate government interest or objective.
The primary reason for the postponement, the Court found, was an unconstitutional realignment of the COMELEC’s budget allocation for the 2022 BSKE towards other government projects and programs.
Furthermore, the SC asserted that RA 11935 did not employ reasonably necessary means to achieve the government’s interests.
The postponement of the 2022 BSKE was deemed to unduly and arbitrarily infringe upon the electorate’s right to suffrage.
In his petition questioning the legality of the law, veteran election lawyer Romulo Macalintal said the law was unconstitutional, invalid, and inoperative pro tanto, to the extent that it provided the postponement of the elections because Congress has the power to fix the term of barangay officials but not to extend their tenure.
He added that the questioned law allowed Congress to appoint barangay officials whose term shall expire on December 31, 2022.
“Congress did is to make a” legislative appointment” of these barangay officials when the law allows them to remain in office as “hold over” officials, ” Macalintal said.
He added that the questioned law violates the electorate’s right to due process as they are forced to accept these appointed barangay leaders without notice and hearing.
RA 11935 is a consolidation of House Bill No. 4673 and Senate Bill No. 1306, which was passed by the House of Representatives and the Senate of the Philippines on Sept. 28, 2022.
