Barangay, SK elections may still push through
>> Saturday, November 5, 2022
EDITORIAL
What’s the legal or
factual reason in postponing the Barangay and Sangguniang Kabataan Elections
(BSKE)? None, according to pundits like writer Elias L. Espinoza who said under
Republic Act (RA) 11935, there is nothing in this seven-paragraph law that
states the basis in postponing the December 2022 BSKE to the last Monday of
October 2023.
This, after President Marcos decided last week to postpone said elections to October 2023.
Section 3 of RA 11935 only provides that the incumbent barangay and SK officials shall be on a hold-over capacity, unless sooner removed or suspended for cause or until their successors are elected in the October 2023 polls. Even the SK chairpersons, who are also ex-officio members in the sanggunian, can also continue holding office until after the October 2023 elections.
Would the government save money if the BSKE was moved to October 2023? I don’t think so. Comelec Chairman George Garcia, in an interview, said postponing the 2022 BSKE would not save funds but will instead cost more money.
“Ibig sabihin kahit i-postpone ‘yung barangay and SK elections, pinostpone mo lang ‘yung panahon ng pag-hold nito. Pero hindi po napostpone ‘yung gastos na ‘yon, meaning ‘yun pa rin ‘yung amount; in fact, madadagdagan dahil magkakaroon ng pagpapatuloy ng pagpaparehistro ng mga botante natin,” Garcia said. (Inquirer.net)
This means that even if the barangay and SK elections are postponed, you only postponed its holding period, but expenses or the elections would not be postponed, meaning that the amount is still the same; in fact, it will increase because there will be a continuation of the registration of our voters.)
According to Garcia, Comelec has already spent P800,000 of the P8.449 billion budget allocated for the now-postponed December 2022 polls. Garcia said an additional P5 billion would be needed if the BSKE is postponed, including P2 billion to fund the purchase of additional materials and payment to Comelec personnel, and P3 billion for an increase in the honoraria of electoral board members.
Albay First District Rep. Edcel Lagman has debunked the claims of the authors of the law postponing the BSKE to October 2023 that the government would be able to save P7 to P8 billion. He said: “The aforesaid reason is utterly unconstitutional because the Comelec enjoys fiscal autonomy which includes a prohibition that any appropriations released to the Comelec cannot be countermanded by the Executive and utilized for other purposes. The remaining unused funds will constitute a continuing appropriation under the sole jurisdiction of the Comelec.”
“The proffered reason that the Comelec needs a respite after conducting the May 2022 national and local elections does not obtain because the Comelec itself has repeatedly said that it is ready to conduct the December 2022 village and youth elections,” Lagman said. (Inquirer.net)
On Oct. 10, 2022, President Ferdinand Marcos Jr. signed RA 11935 into law.
Obviously, the incumbent barangay ang SK officials are the direct recipients of this law, and those recently elected to the positions in the executive and legislative departments could also benefit from this law as they would not be further burdened in providing support to their chosen bets. Remember these victorious politicians spent a lot of money during the general elections on May 9, 2022. Elections are an expensive exercise.
If the petition of election lawyer Romulo Macalintal asking the Supreme Court to declare RA 11935 unconstitutional is granted, then the BSKE would proceed in December 2022. The incumbent barangay and SK officials and their patrons would be unhappy. However, those itching to run in the barangay and SK elections would praise Macalintal. Comelec has said it’s always been ready to conduct the BSKE.
In his petition, Macalintal argued that under the Constitution, the power to postpone the barangay elections, which is held every three years, is vested with the Comelec and not with Congress. The legislature, Macalintal said, has no power to appoint the incumbent barangay and SK officials on a hold-over capacity.
The Supreme Court was set to deliberate the matter at press time. Let’s wait and see.
This, after President Marcos decided last week to postpone said elections to October 2023.
Section 3 of RA 11935 only provides that the incumbent barangay and SK officials shall be on a hold-over capacity, unless sooner removed or suspended for cause or until their successors are elected in the October 2023 polls. Even the SK chairpersons, who are also ex-officio members in the sanggunian, can also continue holding office until after the October 2023 elections.
Would the government save money if the BSKE was moved to October 2023? I don’t think so. Comelec Chairman George Garcia, in an interview, said postponing the 2022 BSKE would not save funds but will instead cost more money.
“Ibig sabihin kahit i-postpone ‘yung barangay and SK elections, pinostpone mo lang ‘yung panahon ng pag-hold nito. Pero hindi po napostpone ‘yung gastos na ‘yon, meaning ‘yun pa rin ‘yung amount; in fact, madadagdagan dahil magkakaroon ng pagpapatuloy ng pagpaparehistro ng mga botante natin,” Garcia said. (Inquirer.net)
This means that even if the barangay and SK elections are postponed, you only postponed its holding period, but expenses or the elections would not be postponed, meaning that the amount is still the same; in fact, it will increase because there will be a continuation of the registration of our voters.)
According to Garcia, Comelec has already spent P800,000 of the P8.449 billion budget allocated for the now-postponed December 2022 polls. Garcia said an additional P5 billion would be needed if the BSKE is postponed, including P2 billion to fund the purchase of additional materials and payment to Comelec personnel, and P3 billion for an increase in the honoraria of electoral board members.
Albay First District Rep. Edcel Lagman has debunked the claims of the authors of the law postponing the BSKE to October 2023 that the government would be able to save P7 to P8 billion. He said: “The aforesaid reason is utterly unconstitutional because the Comelec enjoys fiscal autonomy which includes a prohibition that any appropriations released to the Comelec cannot be countermanded by the Executive and utilized for other purposes. The remaining unused funds will constitute a continuing appropriation under the sole jurisdiction of the Comelec.”
“The proffered reason that the Comelec needs a respite after conducting the May 2022 national and local elections does not obtain because the Comelec itself has repeatedly said that it is ready to conduct the December 2022 village and youth elections,” Lagman said. (Inquirer.net)
On Oct. 10, 2022, President Ferdinand Marcos Jr. signed RA 11935 into law.
Obviously, the incumbent barangay ang SK officials are the direct recipients of this law, and those recently elected to the positions in the executive and legislative departments could also benefit from this law as they would not be further burdened in providing support to their chosen bets. Remember these victorious politicians spent a lot of money during the general elections on May 9, 2022. Elections are an expensive exercise.
If the petition of election lawyer Romulo Macalintal asking the Supreme Court to declare RA 11935 unconstitutional is granted, then the BSKE would proceed in December 2022. The incumbent barangay and SK officials and their patrons would be unhappy. However, those itching to run in the barangay and SK elections would praise Macalintal. Comelec has said it’s always been ready to conduct the BSKE.
In his petition, Macalintal argued that under the Constitution, the power to postpone the barangay elections, which is held every three years, is vested with the Comelec and not with Congress. The legislature, Macalintal said, has no power to appoint the incumbent barangay and SK officials on a hold-over capacity.
The Supreme Court was set to deliberate the matter at press time. Let’s wait and see.
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