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Lagman agrees with SC ruling declaring law on barangay, SK polls unconstitutional
Philippines
National
Lagman agrees with SC ruling declaring law on barangay, SK polls unconstitutional
Lagman agrees with SC ruling declaring law on barangay, SK polls unconstitutional
Published Jun 28, 2023 06:20 am
Albay First District Representative Edcel C. Lagman on Wednesday, June 28 welcomed the Supreme Court’s decision declaring unconstitutional Republic Act No. 11935, which again postponed the barangay and SK elections (BSKE).
Rep. Edcel Lagman (Zoom screenshot)
“(It) sustains my position and those of a few other legislators that the challenged statute violates the Constitution,” Lagman said in a statement.
“The electorate’s right of suffrage must be exercised in determinable intervals and regularly scheduled elections,” he said.
The solon also said the SC ruling also supports their contention that the reason cited under the law that the reason for the postponement is to transfer the budget earmarked for the BSKE to the government’s Covid-19 pandemic response violates the constitutional ban on transfer of funds.
“The high court’s ruling likewise confirms our opposition to the repeated postponement of the village and youth elections based on arbitrary grounds like ‘election fatigue’,” Lagman said.
“We agree with the Supreme Court that despite the unconstitutionality of RA 11935, due to ‘legal practicality and necessity’ the BSKE set on October 30, 2023 must push through, but the next BSKE must be held on the first Monday of December 2025 and regularly every three years thereafter,” added the lawmaker.
Lagman said the SC’s ruling will now foreclose any capricious and unnecessary attempt of the Congress to postpone future barangay and SK elections.
RA 11935 primarily postpones the barangay and SK elections (BSKE) from its initial schedule of Dec. 5, 2022 to the last Monday of October 2023.
The law was signed by President Ferdinand “Bongbong” Marcos Jr. last Oct. 10, 2022. Aside from rescheduling the barangay and SK elections, it also allowed incumbent officials to remain in office unless sooner removed or suspended.
Rep. Edcel Lagman (Zoom screenshot)
“(It) sustains my position and those of a few other legislators that the challenged statute violates the Constitution,” Lagman said in a statement.
“The electorate’s right of suffrage must be exercised in determinable intervals and regularly scheduled elections,” he said.
The solon also said the SC ruling also supports their contention that the reason cited under the law that the reason for the postponement is to transfer the budget earmarked for the BSKE to the government’s Covid-19 pandemic response violates the constitutional ban on transfer of funds.
“The high court’s ruling likewise confirms our opposition to the repeated postponement of the village and youth elections based on arbitrary grounds like ‘election fatigue’,” Lagman said.
“We agree with the Supreme Court that despite the unconstitutionality of RA 11935, due to ‘legal practicality and necessity’ the BSKE set on October 30, 2023 must push through, but the next BSKE must be held on the first Monday of December 2025 and regularly every three years thereafter,” added the lawmaker.
Lagman said the SC’s ruling will now foreclose any capricious and unnecessary attempt of the Congress to postpone future barangay and SK elections.
RA 11935 primarily postpones the barangay and SK elections (BSKE) from its initial schedule of Dec. 5, 2022 to the last Monday of October 2023.
The law was signed by President Ferdinand “Bongbong” Marcos Jr. last Oct. 10, 2022. Aside from rescheduling the barangay and SK elections, it also allowed incumbent officials to remain in office unless sooner removed or suspended.