UNCONSTITUTIONAL | Senators react to Supreme Court’s ruling on postponement of barangay polls

June 28, 2023 , 03:08 PM

By Beatrice Puente

(June 28, 2023) – A minority senator on Wednesday said the ruling of the Supreme Court that declared the postponement of the barangay and Sangguniang Kabataan (SK) elections as unconstitutional was a validation of his stance but a pro-administration senator maintained the necessity of the move.

Sen. Koko Pimentel III, who heads the two-member opposition bloc, reiterated that the approval of Republic Act (RA) 11935, which rescheduled the barangay and SK polls to this coming October, has no legal basis.

“This decision validated my earlier stand that there was no compelling reason to delay the barangay and SK elections,” said Pimentel in a statement. “The postponement, without any compelling reason, undermined the constitutional rights of suffrage and weakens the foundation of our democratic institution.”

Last October, President Bongbong Marcos Jr. signed the measure that moved the barangay and SK elections from December 5, 2022 to the last Monday of October 2023. It will also be held every three years thereafter. Before this, the last barangay and SK polls were held in May 2018.

But the Supreme Court ruled on Tuesday that the postponement was not constitutional. Still, it said the preparations being done by the Commission on Elections (Comelec) can proceed, citing “legal practicality” and the “operative fact doctrine.”

In a decision penned by Associate Justice Antonio Kho, the high court noted that the constitutional right to vote “requires the holding of genuine periodic elections.” It pointed out that RA 11935 did not fulfill “the requisites of the substantive aspect of the due process clause” of the 1987 Constitution.

“The court found that there was no legitimate government interest or objective to support the legislative measure and that the law unconstitutionally exceeds the bounds of the Congress’ power to legislate,” said the Supreme Court.

It also commented on the “primordial purpose” of realigning the Comelec’s budget for last year’s elections to the use of the executive branch for its projects, as cited in several bills that pushed for the postponement, noting that such an act would violate constitutional provisions against the transfer of appropriations.

“The court, nevertheless, clarified that in so ruling, it is not asserting its power over Congress. Rather, the court is simply enforcing and upholding the supremacy of the Constitution,” added the decision.

Sen. Imee Marcos, who sponsored the bill, said she respects the ruling. Still, she maintained that the reasons for such postponement were valid. With the tasks assigned to barangay and SK officials, she noted that they need “sufficient time” to carry out their programs.

“It is no wonder that their present term of three years is insufficient for them to formulate, implement, and evaluate their own policies and programs,” said Marcos, stressing that the government will save funds with the said postponement.

(PM)

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