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Future deferment of barangay, SK polls still possible, Tolentino says
Philippines
National
Future deferment of barangay, SK polls still possible, Tolentino says
Future deferment of barangay, SK polls still possible, Tolentino says
Published Jul 2, 2023 06:21 am
Senator Francis Tolentino on Sunday, July 2 said future deferment of Barangay and Sangguniang Kabataan Elections (BSKE) is still possible despite the recent Supreme Court decision invalidating the law postponing the 2022 BSKE.
Tolentino is referring to the SC ruling which declared Republic Act No. 11935—the law postponing the BSKE from its initial schedule of December 5, 2022, to the last Monday of October 2023 as “unconstitutional.”
In its ruling, the SC found it necessary to set guidelines and principles pertaining to any government action that seeks to postpone and reschedule the conduct of any future barangay and SK polls.
“Ngayon po maliwanag na, may guidelines po ang Korte Suprema subalit hindi po sinasabi sa (bagong) SC decision na bawal nang mag-postpone (ng BSKE), (It is clear that the SC has guidelines but the new SC decision did not totally say that postponing the BSKE is prohibited),” Tolentino said in Radio DZBB interview.
“Basta sundin mo yung limang guidelines (As long as they follow the five guidelines, it will not prevent future Congresses from postponing—kung mami-meet po itong guidelines na ito (if these guidelines are met),” said Tolentino.
“Yun naman po ang maliwanag dito. Hindi po sinabi ng Supreme Court na bawal kayo (Congress) mag-postpone (That is what’s clear here. The SC did not say Congress is not allowed to postpone),” the senator added.
Despite this decision, the senator said the SC was also clear that any future postponement must be in accordance to the guidelines it will set such as the presence of a public emergency and it is “intended to safeguard other fundamental rights of the electorate.”
But it also balanced and recognized Congress’ authority to legislate laws on future “hold overs” of incumbent barangay and SK officials even though petitioners perceived it as “legislative appointments.”
Tolentino also explained that despite the SC’s ruling, the tribunal still recognized the legal practicality and necessity of proceeding with the conduct of the BSKE under RA 11935 on the last Monday of October 2023, pursuant to the so-called “Operative Fact Doctrine.”
“Ito po ay sang-ayon din sa 1971 decision ng Supreme Court eh—Agbayani vs. PNB—na kinikilala na kung mayroon ng effect yung nagawang batas bago pa ito i-declare na unconstitutional, hindi naman po ito totally void o ipapawalang-bisa (This is in keeping with the 1971 SC decision—Agbayani vs PNB, which recognizes that if the law created already has an effect before it was declared unconstitution, that is not considered totally void),” he said.
“Yung hinanda na ng Comelec—yung pagprint ng balota, yung date na ini-schedule na—matutuloy po ‘yon (What the Comission on Elections prepared—printing of ballots, the date scheduled—that will push through),” Tolentino stressed.
Nevertheless, he said, it is up to the leadership of both houses of Congress, Senate President Juan Miguel “Migz” Zubiri and House Speaker Martin Romualdez, and the members of the majority bloc on whether the need to appeal the recent SC ruling.
“So na kay Senate President (Juan Miguel) Zubiri na po kung tatawag siya ng pulong ng miyorya para talakayin po ito (So it is up to Senate President Zubiri if he will call for a meeting with the majority members to discuss this thing),” Tolentino said.