Commission on Elections (Comelec) Chairman George Erwin Garcia said on Monday, Oct. 17 that the petition to declare unconstitutional Republic Act No. 11935 that mandated the postponement of the Barangay and Sangguniang Kabataan Elections (BSKE) is a "good" development.
"From now on, kung sakaling magkakaroon ng definitive ruling po ang ating Korte Suprema, sa mga susunod pa na mga pangyayari kung magkakapostpone o reset ang halalan, magiging basehan na po natin yung magiging case na ito (From now on, if ever the Supreme Court (SC) will come up with a definitive ruling, in the future if the elections will be postponed, this case can be used as a basis)," Garcia told reporters.
He added that it's high time that the Constitution gets interpreted, to know if Congress has the power to postpone the elections or if the power of postponement of the BSKE is only limited to certain positions.
In a petition filed by election lawyer Romulo B. Macalintal, the SC was told that the power to postpone elections is within the exclusive jurisdiction of Comelec.
Macalintal pointed out that while the Constitution gives Congress the power to determine or fix the term of office of barangay officials, “the Constitution does not give Congress the power to postpone the barangay elections nor to extend the term of office of the barangay officials.” On the postponement of elections, Macalintal cited Section 5 of Batas Pambansa Blg. 881, the Omnibus Election Code of the Philippines.
"Thus, by enacting a law postponing a scheduled barangay elections, Congress is in effect executing said provision of the OEC or has overstepped its constitutional boundaries and assumed a function that is reserved to Comelec," the petition read.
President Ferdinand "Bongbong" Marcos, Jr. signed into law Republic Act 11935, entitled "An Act Postponing the December 2022 Barangay and Sangguniang Kabataan Elections, Amending For The Purpose Republic Act No. 9164, As Amended, Appropriating Funds Therefor, And For Other Purposes."
With this law, Garcia said that the legislative and the executive departments have seen fit to postpone the BSKE to October of 2023.
Garcia stated that if the public sees something wrong with the postponement of BSKE, they can always take it up with the SC.
"You can always go to the SC, question the postponement," Garcia said.