Bill postponing 2025 barangay, SK polls violates Supreme Court ruling, laws, says lawyer

January 26, 2025 , 06:26 PM

By Rodolfo Dacleson II

(January 26, 2025) – An election lawyer on Sunday slammed the passing of a measure postponing this year’s barangay and Sangguniang Kabataan elections (BSKE), saying it violates a ruling of the Supreme Court and existing laws.

On January 14, Senate Bill (SB) No. 2816 hurdled the upper chamber in the third and final reading with 22 affirmative votes. It will postpone the supposed BSKE in December to October 2027 and extend the term of incumbent BSK officials by two more years. It will also permanently lengthen the term of BSK officials to four years from the current three years.

Atty. Romulo Macalintal called the bill “unconstitutional, deceptive, and misleading,” stressing its disregard for the decision of the Supreme Court.

“It is unfortunate that the bill politicizes the barangays through promises of term extensions for the benefit of incumbent BSK officials,” said Macalintal in a statement.

Section 43 of the Local Government Code states that BSK officials could only serve for three years.

SB 2816 was sponsored by Sen. Imee Marcos and now awaits the signature of his brother, Pres. Bongbong Marcos Jr.

In June 2023, the Supreme Court declared unconstitutional Republic Act No. 11935, which postponed the initial schedule of the last BSKE in December 2022 to the last Monday of October 2023. It argued that the “shortness of the existing term” is an insufficient reason to justify the postponement.

Macalintal furthered that SB 2816 violates the 1987 Constitution for having more than one subject, citing its provisions for setting a new term for BSK officials, election postponement, and holdover of elected members.

“It is what is called in law as ‘log-rolling legislation,’ which on its face seemingly refers to one subject but another or a different one is really embraced in the bill,” added Macalintal.

An international non-profit organization claimed that barangays are “indispensable components” in the campaigns of politicians in the Philippines, with officials serving as “machinery” for patronage politics.

“President Marcos should immediately veto such bill because, like his observations in the ‘woke’ sex education bill, Senate Bill 2816 is likewise appalling, shocking and ridiculous,” said Macalintal.

(With reports from Camille Samonte, News5)

(PM)

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