Metro Manila (CNN Philippines, June 26) — The Supreme Court declared the law that postponed the barangay and Sangguniang Kabataan (SK) elections as unconstitutional, but it ordered the October polls to go through as planned.
In a press release on Tuesday, the SC public information office said the high court found unconstitutional Republic Act No. 11935, or the act that postponed the barangay and youth council polls from its initial December 2022 schedule to the last Monday of October this year.The court, however, noted that it “recognizes the legal practicality and necessity of proceeding with the conduct of the BSKE on the last Monday of October 2023″ and said that the polls scheduled for October shall proceed.It added that the sitting barangay and SK officials are also obliged to continue to hold office until their successors have been elected and qualified.
The ruling came eight months after President Ferdinand Marcos Jr. enacted the law.
With the decision, the Commission on Elections (Comelec) said nothing will change in its preparations and that the ruling is “for future guidance” of political departments of the government.
Grounds for unconstitutionality
The SC said that there had been a grave abuse of discretion leading to a lack or excess of jurisdiction in the enactment of RA 11935.
The high court cited that the conduct of “genuine periodic elections” should be held at intervals that are “not unduly long” and ensure that the authority of government is still based on the free expression of the will of the people.It also pointed out that the Comelec does not have the power to postpone elections on a nationwide basis and that Congress only has the authority to do so, including the constitutional power to set the term of office of barangay officials.“As such, the Congress did not unconstitutionally encroach on the power of the Comelec to administer elections when it enacted Republic Act No. (RA) 11935,” it said. “Neither did the provision for ‘hold-over’ capacity amount to an unconstitutional ‘legislative appointment.’”Furthermore, the high tribunal said the law violates the freedom of suffrage or the right to vote as it did not adhere to the requirements of the substantive aspect of constitutional due process.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,” it said.Nevertheless, the SC clarified that it is “simply enforcing and upholding the supremacy of the Constitution,” and recognized RA 11935 as an operative fact that “cannot be reversed or ignored.”
