“Well, we have sufficient precedent for the postponement of barangay and SK (Sangguniang Kabaataan) Elections. Nakailan na tayo. In my time lang in government, I have seen I think four, maybe five postponements,” he said in his speech during the 48th Philippine Business Conference and Exposition of the Philippine Chamber of Commerce and Industry.
“And so I think in terms of the law, it is well within the powers of Congress to postpone those elections because that is not contained in the Constitution. It is contained in the Local Government Code,” he added.
On October 10, Marcos signed into law Republic Act No. 11935, which rescheduled the barangay and SK elections from December 2022 to October 2023.
Under the new law, until their successors have been duly elected and qualified, all incumbent barangay and SK officials will remain in office unless sooner removed or suspended for cause.
On Monday, October 17, veteran election lawyer Romulo Macalintal filed a petition before the Supreme Court seeking the declaration of the barangay polls’ postponement as unconstitutional.
Macalintal said the Congress does not have the power to postpone barangay elections nor extend the term of barangay officials as it is the Commission on Elections that should decide on it based on serious causes such as violence terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.
The Supreme Court set the oral argument on the petition on Friday, October 21. (SunStar Philippines)