Senator: BSKE may still be postponed if

MANILA, Philippines — Despite the recent Supreme Court ruling that invalidated the law postponing the 2022 barangay and Sangguniang Kabataan elections (BSKE), Sen. Francis Tolentino yesterday clarified that the SC does not prohibit any future deferment of elections.

During an interview with dzBB, Tolentino, who chairs the Senate committee on justice and human rights, said he “respects the SC decision, the final law of the land, as a separate branch.”

“The SC interprets the law, and we are grateful that they recognize the operative fact doctrine that it nullifies the void law or executive act, but sustains its effects,” he added.

The decision was also clear that any future postponement must be in accordance with the guidelines set by the SC such as the presence of a public emergency, according to the senator.

He emphasized that the ruling is “intended to safeguard other fundamental rights of the electorate.”

“Now, it is clear: the Supreme Court has guidelines, but it is not said in the (new) Supreme Court decision that it is forbidden to postpone (the BSKE). As long as you follow the five guidelines, it will not prevent future Congresses from postponing – if these guidelines are met,” Tolentino said.

“The SC did not say that election postponement is prohibited; it only said that the guidelines must be met,” he added.

In its ruling, the high court declared Republic Act 11935 – the law postponing the BSKE from its initial schedule of Dec. 5, 2022, to the last Monday of October 2023 – as “unconstitutional.”

The SC found it imperative to set forth guidelines and principles pertaining to any government action that seeks to postpone and reschedule the conduct of any future BSKE.

Tolentino also stressed that the SC did also recognize Congress’ authority to legislate laws on future “holdovers” of incumbent barangay and SK officials, contrary to the argument of the petitioners that it can be branded as “legislative appointments.”

Asked whether a clarification in the SC ruling must be made, the senator answered that it is up to the leadership of both houses of Congress, especially the members of the majority bloc, on whether to appeal the recent SC decision.