Republic of the Philippines
House of Representatives
Quezon City

as congress 5987
House Bill No.

Introduced by HON. AUGUSTO BOBOY SYJUCO

EXPLANATORY NOTE

This bill seeks to postpone the Barangay and Sangguniang Kabataan
Elections scheduled on October 28, 2013 and moved to October 27, 2014. This is
consistent with the State principle of promoting the general welfare of the people
pursuant to the 1987 Constitution.

The postponement of the 2013 Barangay and Sangguniang Kabataan
Elections is based on the following considerations:

First, the current impeachment “zarzuela” has caused much national
consternation, grave distress, emotional “fatigue” and mental “diarrhea” to our
people who are now reacting adversely to all matters political in nature.

Second, the nation is anticipating the coming of the La Nifia Phenomenon.
Recently Cagayan De Oro City, iligan City and Negros Oriental were struck by
earthquake and catastrophic typhoons that caused flash floods and damaged
billions of pesos worth of properties. Certainly, this is an concurrent which the
government does not want to happen again but one which the government and
the public should be prepared of. Instead of carrying out an election and spend
billion of pesos, the government should utilize this fund as an additional
contingency fund.

Third, the billions of pesos that can be saved in the event of postponement
of the 2013 Barangay and Sangguniang Kabataan Elections shall be utilized by the
government for various programs and projects across the nation.

To pursue the Barangay and Sangguniang Kabataan Elections this October is
very untimely considering that the government has to respond to the ill-effects of
earthquakes, El Nifio and La Nifia as well as improve the delivery of basic services
such as education, health and infrastructure. In addition, our people do not want
a 2™ election in 2013.

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The approval of this bill is earnestly sought.

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AUGUSTO BOBOY SYJUCO, Ph.D.


Republic of the Philippines
House of Representatives
Quezon City
15" Congress

House Bill No._SS87

Introduced by HON. AUGUSTO BOBOY SYJUCO

AN ACT AMENDING REPUBLIC ACT NO. 9340, RESETTING THE
BARANGAY AND THE SANGUNIANG KABATAAN ELECTIONS, AND FOR
OTHER PURPOSES

Be enacted in the Senate and House of Representative of the
Philippines in Congress assembled:

SECTION 1. Section 1 of Republic Act No. 9340 is hereby amended to read as follows:

“SECTION 1. Date of Election.- There shall be synchronized Barangay and
Sangguniang Kabataan elections which shall be held on [October 28, 2013] October
27, 2014.”

SECTION 2. Section 2 Republic Act No. 9340 is hereby further amended to read
as follows:

“Section 2. Term of Office. - The term of office of all Barangay and Sangguniang
Kabataan officials after the effectivity of this Act shall be [three (3) years.)] FIVE (5)
YEARS and shall commence at noon of November 30 next following their election

No barangay elective official shall serve for more than three (3) consecutive
terms in the same position: Provided, however, that the term of office shall be reckoned
from the 1994 barangay elections. Voluntary renunciation of office for any length of
time shall not be considered as an interruption in the continuity of service for the full
term for which the elective official was elected.”

SECTION 3. Section 3 of Republic Act No. 9340 as amended is hereby further
amended to read as follows:

“Section 3. Hold Over.- All incumbent Barangay and Sangguniang Kabataan
officials under this Act shall remain in office unless sooner removed or suspended for
cause until their successors shall have been elected and qualified. Provided, however,
that all Barangay and all Sangguniang Kabataan officials who were ex officio members
of the Sangguniang Bayan, Sangguniang Panglunsod or Sangguniang Panlalawigan, as
the case, may be shall continue to serve as such members of the Sanggunian
concerned until the next barangay election. The provisions of the Omnibus Election
Code relative to the failure of elections and special elections are hereby reiterated in
this Act.


SECTION 4. Section 4 of Republic Act No. $340 as amended is hereby further
amended to read as follows:

“Section 4. Appropriations — The amount necessary for the implementation of
this act shall be taken from the appropriation of the Commission on Election
(COMELEC) under the General Appropriations Act and/or supplementary appropriations
thereafter.

In addition, the savings of the COMELEC not exceeding Three Billion Six
Hundred Million Pesos (P3,600,000,000.00) shail be used to augment various plans and
programs of the government across the nation as may be authorized.”

SECTION 5. Implementing Rules and Regulations. The COMELEC shall
promulgate such rules and regulations necessary to implement this Act.”

SECTION 6. Repealing Clause. — All laws, decrees, executive orders, letters of
instruction and rules and regulations or parts thereof, inconsistent with the provisions of
the Act, are hereby repealed or modified accordingly.

SECTION 7. — Separability Clause. - If, for any reason, any section or provision
of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall
not be affected and thereby remain in full force and effect.

SECTION 8. ~ Effectivity Clause.- This Act shall take effect upon its approval
and publication in at least two (2) national newspaper of general circulation

Approved”