FINDING ANSWERS
The Supreme Court is absolutely correct in its recent ruling declaring unconstitutional RA 11935 which postponed the 2022 Barangay and Sangguniang Kabataan Elections (BSKE).
“RA 11935 violates the freedom of suffrage as it failed to satisfy the requisites of the substantive aspect of the due process clause of the Constitution,” the SC said in a statement. “The Court found that there was no legitimate government interest or objective to support the legislative measure, and that the law unconstitutionally exceeds the bounds of the Congress’ power to legislate.”
The statement added: “The Court also ruled that the enactment of RA 11935 was attended with grave abuse of discretion amounting to lack or excess of jurisdiction. The Court said that the postponement of the 2022 BSKE by RA 11935 for the purpose of augmenting the Executive’s funds is violative of the Constitution because it unconstitutionally transgresses the constitutional prohibition against any transfer of appropriations, and it unconstitutionally and arbitrarily overreaches the exercise of the rights of suffrage, liberty, and expression.”
The SC explained that election postponement must be justified by “important, substantial, or compelling” reasons.
“Reasons such as election fatigue, purported resulting divisiveness, shortness of existing term, and/or other superficial or farcical reasons, alone, may not serve as important, substantial, or compelling reasons to justify the postponement of the elections. To be sufficiently important, the reason for the postponement must primarily be justified by the need to safeguard the right of suffrage or other fundamental rights or required by a public emergency situation,” the SC said.
With the SC ruling against postponing elections without compelling reasons, many people, especially those extremely dissatisfied with their barangay officials, hope that henceforth, barangay polls would no longer be moved to another date on the flimsiest of excuses.
With elections for officials of the country’s 42,000 barangays and that of the Sangguniang Kabataan (SK) postponed many times in the past, the political exercise for the country’s smallest unit of government has always been eagerly awaited. Thus, it’s good that the SC also declared that the BSKE set for this October shall proceed.
There’s no doubt that barangay officials have a very critical role in nation-building, in poverty-alleviation, local development, delivery of basic social services, peace and order, and a host of many other functions that aim to provide local solutions to national problems.
“As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled,” states Section 384 of the Local Government Code of 1991.
The SK is also undoubtedly important for the Filipino youth who aspire for greater involvement in local communities.
The SK Reform Act of 2016, RA 10742, that was shepherded by then Senator Bongbong Marcos prior to enactment, is expected to bring back the SK’s lost nobility, as well as its effectiveness in harnessing youth leadership in local governance.
The new SK law has an anti-political dynasty provision that bars relatives of elected or appointed officials up to the second level of consanguinity from pursuing SK posts. It raised the age, from 15-17 years to 18-24 years old, required of youth leaders for them to legally enter into contracts and be held liable. It also requires them to undergo leadership training and learn about good governance and fiscal accountability.
Prior to RA 10742, there were countless stories on how the disgraced SK had become a training ground for corruption and a “nursery” for political dynasties.
But the SK started on the right footing. During my first term as senator, I helped chair Book III of the Local Government Code in the Congressional Bicameral Conference Committee. The SK provisions incorporated in Book III were based on a separate bill I filed. It spelled out the SK structure, qualifications, tenure, powers and duties of its officers. It was in line with Article 2, Section 13, of the Constitution that “the state recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.”
Being the youngest senator then, youth concerns were my primary focus, and thus I also worked for lowering the age of majority from 21 to 18 years of age. At that time, this worked well for SK officers elected by a Katipunan ng Kabataan consisting of youth with ages 15 to 21. Most, if not all, of those elected as SK chairmen and kagawads were those in the age of majority between the ages of 18 and 21.
What led to the disgrace of SK was the 2002 amendment to the Local Government Code’s provision on the ages of SK officers, lowering it from 15-21 years to only 15-17 years old. This effectively ensured that all SK officials were minors, and therefore at the mercy of older politicians who manipulated them.
But with the new SK law, the youth would have the chance anew to shine – especially if SK elections are no longer postponed on flimsy reasons. ([email protected])