FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES) :
Second Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No.7 5

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iS Received @
Faye, 27 FEB 2012

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Introduced by Representative Ben P. Evardone
Lone District, Eastern Samar

EXPLANATORY NOTE

In previous Congresses since the effectivity of the 1987 Constitution, bills seeking
postponement or resetting of the Barangay and SK Elections to a later date passed into law
for various reasons, all of them equally plausible and persuasive. Invariably, the non-partisan
character of the Barangay and SK polls has been the turning point in the arguments thereon.

Indeed, considering the vital role of the Barangay and SK officials in the
governments endeavor to provide the people an improved quality of life, it is beyond cavil
that the Barangay and SK elections must be insulated from partisan politics. This principle
holds true despite the Constitutional mandate to synchronize elections.

This bill, aimed at resetting the upcoming October 2013 Barangay and SK Elections,
anchors its intent primarily on the foregoing principle. Furthermore, it is believed that the
postponement of the 2013 Barangay and SK Elections is now a matter of necessity.

Suffrage, or one’s right to vote, is the motive power breathing life to the notions of
democracy and republicanism well-entrenched in the basic principle that “sovereignty resides
in the people” from whom all government authority is derived. (Article II, Section 1, 1987
Constitution).

So sacred is the right of suffrage that its disenfranchisement, in whatever manner
conceivable, has consistently been declared a crime malum in se. Even then, reckless
deprivation of this voting power, collectively or individually, intentionally or otherwise,
persists in every election in the Philippines, the most recent of which occurred during the
2010 Barangay and SK polls.

News reports showed that during the 2010 Barangay and SK Elections, held barely
five months after the Presidential Elections, a failure of election occurred in several
barangays, effectively depriving the affected communities of their choice of leaders

In Eastern Visayas alone, it was reported that 181 barangays, mostly in Samar Island,
failed to conduct barangay elections as initially scheduled. In Western Samar, certain
barangays in eight towns therein failed to hold the barangay election, including the
municipalities of Almagro (23 barangays), Matuguinao (20 barangays), and Zumarraga (25
barangays). In Eastern Samar, three towns were affected—Balangiga (1 barangay), Arteche



@ barangays), and Gen. MacArthur (8 barangays). In Northern Samar, three towns were also
affected—Catarman (28 barangays), Mondragon (6 barangays) and Las Navas (2 barangays).

‘The COMELEC blamed the failure of elections on the alleged delay in the printing of
official ballots as a consequence of a delayed bidding which, in turn, was delayed allegedly
due to the delayed release of funds for the purpose. Obviously, COMELEC attributed its
failure to the lack of sufficient time to prepare for the Barangay and SK elections.

Verily, this bill stands on solid grounds, never mind the clection cost to the
government, which will be doubled in view of the synchronization of the ARMM Elections
with the National Elections in May 2013, or tripled if the October 2013 polls proceeds.

On this score, the immediate enactment of this bill is most earnestly sought.

wd EVARDONE,

Representative
Lone District, Eastern Samar


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FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
Second Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No.) J

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Introduced by Representative Ben P. Evardone

Lone District, Eastern Samar
_——

AN ACT
RESETTING THE OCTOBER 2013 BARANGAY AND SANGGUNIANG
KABATAAN ELECTIONS, FURTHER AMENDING FOR THIS PURPOSE
SECTIONS 1, 3, 4, REPUBLIC ACT NO. 9164, AS AMENDED, AND FOR OTHER
PURPOSES.

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 1 of Republic Act No. 9164, as amended, is hereby further
amended to read as follows:

“Section 1. Date of Election.

‘There shall be synchronized barangay
and sangguniang kabataan elections which shall be held on July 15, 2002.
Subsequent synchronized barangay and sangguniang kabataan elections shall
be held on the last Monday of [October 2007] MAY 2014 and every [three
(3)] FOUR (4) years thereafter.”

SECTION 2. The provisions of Section 5 of Republic Act No. 9164, as amended by
Section 3 of Republic Act No. 9340, on Hold Over, shall remain in force and applicable
under this Act.

SECTION 3. Section 4 of Republic Act No. 9164, as amended by Section 2,
Republic Act No. 9340, is hereby further amended to read as follows:

“SECTION 4. Assumption of Office — The term of office of the
barangay and sangguniang kabataan officials elected under this Act shall
commence on August 15, 2002, next following their elections. The term of
office of the barangay and sangguniang Kabataan officials elected in the
[October 2007] MAY 2014 election and subsequent elections shall commence

at noon of [November 30] JUNE 30 next following their election.”

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SECTION 4. Implementing Rules and Regulations.—The COMELE
promulgate such rules and regulations necessary to implement this Act.

shall

SECTION. 5. Repealing Clause-— Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 6. Effectivity Clause.— This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation in the
Philippines, whichever comes earlier.

Approved and adopted,

BEN P. EVARDONE
Representative
Lone District of Eastern Samar