There will be no changes with the Commission on Elections (Comelec) preparations for the Barangay and Sangguniang Kabataan Elections 2023 in October even after the Supreme Court (SC) declared unconstitutional the law postponing Dec. 5, 2022, BSKE, the poll body's top official said.
"Nothing will change on our preparations. The decision is more address to the political departments of our government for future guidance," Comelec Chairman George Erwin Garcia stated in a brief statement on Tuesday, June 27.
In its decision which has not been released as of writing, the SC affirmed, however, affirmed the legal practicality and necessity of proceeding with the BSKE on Oct. 30, 2023.
It can be recalled that veteran election lawyer Romulo Macalintal challenged before the SC the constitutionality of Republic Act No. 11935 or the law postponing December 5, 2022, BSKE.
Last year, 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."
In its decision, SC declared unconstitutional Republic Act No. 11935, an Act Postponing the December 2022 Barangay and Sangguniang Kabataan Elections, which amended RA 9164, the law on Synchronized Barangay and Sangguniang Kabataan Elections.
In Macalintal's petition, he 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.
The SC, in a decision written by Justice Antonio T. Kho Jr., granted the petitions filed by Macalintal and Attys. Alberto N. Hidalgo, Aluino O. Ala, Agerico A. Avila, Ted Cassey B. Castello, Joyce Ivy C. Macasa, and Frances May C. Realino.
"If and when the time comes that a definite ruling on this issue is handed down by the SC, the Comelec is ever ready and duty-bound to comply," Comelec Spokesman John Rex Laudiangco said in a statement last year.
He added before that Comelec was ready to conduct the elections in December 2022 pursuant to RA No. 11462 should SC rule against RA No. 11935, or otherwise hold the BSKE in October 2023 pursuant to the latter, "without a single centavo of preparations wasted, true to our word as we endeavor to faithfully fulfill our Constitutional mandate."