LIVE: Oral arguments on petition vs postponement of BSKE
MANILA, Philippines — The Supreme Court will hold oral arguments on the petition challenging the recently enacted law postponing the conduct of the Barangay and Sangguniang Kabataan elections to October 2023 from December 2022.
In less than a week since the petition was filed by veteran elections lawyer Romulo Macalintal, the SC had set the debates on Friday, October 21 at 3:00 p.m.
The SC, last Tuesday, gave the Commission on Elections and the Office of the President, through Executive Secretary Lucas Bersamin, until Friday noon to file their respective comments.
Macalintal has filed a Petition for Certiorari asking the tribunal to declare as unconstitutional Republic Act 11935 or the act that postponed the December 2022 Barangay and Sangguniang Kabataan Elections (BSKE).
Following President Ferdinand “Bongbong” Marcos Jr. signing of the law on October 10, the BSKE will be conducted on the last Monday of October 2023. Subsequent BSKE will be held every three years.
In a brief provided by Macalintal, he said he argued that “the Constitution does not give Congress the power to ‘postpone’ the barangay elections nor to extend the term of office of the barangay officials.”
Under RA 11935, all incumbent barangay and sangguniang kabataan officials shall remain in office unless removed or suspended.
Macalintal argued that the power to postpone elections rests solely within the jurisdiction of the Commission on Elections after it determined serious cases provided by Section 5 of the Omnibus Election Code.
Issues
The SC said oral arguments on Friday will focus on the following substantive issues, on whether RA 11935 is unconstitutional particularly:
- Whether Congress, pursuant to the power granted to it to fix the term of office of barangay officials under Section 8, Article X of the Constitution, has the power to postpone or cancel the schedule of barangay elections
- Whether Congress, with the enactment of RA 11935, effectively disenfranchised voters thereby violating their right to due process and their right of suffrage
- Whether RA 11935 violates the “one subject, one title rule” enshrined in Section 26(1), Article VI of the Constitution for supposedly amending Section 5 of Batas Pambansa Blg. 881 despite the general repealing clause found in Section 6 of RA 11935
- Whether the postponement of barangay elections is constitutionally constrained by the grounds enumerated under Section 5 of BP 881, otherwise known as the “Omnibus Election Code of the Philippines,” subject to the sole determination of the COMELEC
- Whether the postponement of the barangay elections, scheduled to be held on December 5, 2022, to October 2023 will amount to a “legislative” appointment of the incumbent barangay officials
- In light of RA 11935 which resulted in the COMELEC [stating] its preparations for the December 5, 2022 barangay and Sangguniang Kabataang elections, whether the COMELEC still has the logistical capability to conduct said elections should the December 5, 2022 schedule push through
Tune in to the live audio streaming of the oral arguments scheduled at 3:00 p.m on Friday, October 21.
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