Republic of the Philippines
HOUSE OF REPRESENTATIVES *
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 121

Introduced by: REP. JULIET MARIE DE LEON FERRER

EXPLANATORY NOTE

This measure seeks to postpone the 2022 Barangay and Sangguniang
Kabataan (SK) elections.

The barangay has been considered as the basic political unit of the society.
Barangay officials have played a vital role in the implementation of government
policies, plans, programs, and projects. They have been effective partners of the
government in translating its goals into realities.

In the past two years, our government has faced several challenges and
difficulties due to the Covid-19 pandemic. The barangay level of our government has
played a vital role in addressing this difficult time. The country has yet to recover
from the effects of the pandemic. In our efforts to rise back up, the role of the
barangay and SK officials is crucial.

When the Barangay and SK elections was postponed in 2019, the havoc
brought about by the pandemic was never foreseen or imagined. And after more
than two years with Covid-19, it is clear that there is a need for another
postponement for the following reasons:

First, we have just concluded a National and Local Elections on May 9, 2022
and the government will have to prepare for the Barangay and SK elections in
December 2022. Instead of spending on another electoral exercise, the government
can direct its resources Covid-19 related programs and help rebuild our economy.

Second, with the proposed postponement, there will be continuity in the
implementation of programs. Now is not the time to make changes that will require
adjustment and familiarization for new officials.



Third, considering that the National and Local elections have just been
conducted, the Commission on Elections will have more tithe for the Barangay and
SK Elections if it will postponed to 2023.

It is for these reasons that I seek the approval of this bill

JULIET IN FERRER


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House BILL No. 121°

Introduced by: REP. JULIET MARIE DE LEON FERRER

AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 11462 OTHERWISE
KNOWN AS AN ACT POSTPONING THE 2020 BARANGAY AND
SANGGUNIANG KABATAAN ELECTIONS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Section 1 of Republic Act No. 9164, as amended by the Republic
Act No. 9840, Republic Act No. 10632, Republic Act No. 10656, Republic Act No.
10923, Republic Act 10952, and Republic Act 11462, 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
July 15, 2002. Subsequent synchronized barangay and sangguniang
kabataan elections shall be held on the last Monday of October 2007 and
every three (3) years thereafter: Provided, That the Barangay and
Sangguniang Kabataan elections on December 5, 2022 shall be postponed
to first Monday of May 2023. Subsequent synchronized barangay and
sangguniang kabataan elections shall be held on the first Monday of May
2026 and every three (3) years thereafter.”


SEC. 2. Section 4 of Republic Act No. 9164, as amended by Republic Act No.
9340, Repubic Act No. 10632, Republic Act No. 10923, Republic Act 10952, and
Republic Act 11462 is hereby further amended to read as follows:

SEC. 4. Assumption of Office. - The term of office of the barangay
and sangguniang kabataan officials elected under this Act shall
commence at noon of January 5 following their elections: Provided,
however, That the term of office of the barangay and sangguniang
kabataan officials elected under this Act and subsequently thereafter, shall
commence at noon of January 5 next following their elections."

SEC. 3. Hold Over. - Until their successors shall have been duly elected and
qualified, all incumbent barangay officials shall remain in office, unless sooner
removed or suspended for cause: Provided, That barangay official who are ex
officio members of the sangguniang bayan, sangguniang panglungsod, or
sangguniang panlalawigan, as the case may be, shall continue to serve as such
members in the sanggunian concerned until the next barangay election. The Liga ng
mga Barangay at the municipal, city, and provincial levels shall not later than
December 5, 2023, conduct elections for ex officio positions in the sangguniangs under
the supervision of the Department of the Interior and Local Government.

SEC. 4. Ban of Government Projects. - The construction or maintenance of
barangay-funded roads and bridges shall be prohibited for the period of ten (10)
days immediately preceding the date of election, the provision of Section 261,
paragraphs (v) and (w) of the Ommibus Election Code to the contrary
notwithstanding.


SEC. 5. Prohibition on Appointments of Government Officials and
Employee. - The appointment or hiring of new employees, creation of new position,
promotion, or giving of salary increases, remuneration or privileges in the barangay
shall be prohibited for the period of ten (10) days immediately preceding the
election, the provisions of Section 261, paragraph (g), of the Omnibus Election Code
to the contrary notwithstanding.

SEC. 6. Appropriations. - The amount necessary for the implementation of
this Act shall be taken from the appropriations of the Commission on Elections
(COMELEC) under the General Appropriations Act and/or supplementary
appropriations thereafter.

SEC. 7. Implementing Rules and Regulations. - The Commission on Elections
shall, within fifteen (15) days after the effectivity of this Act, promulgate such rules
and regulations necessary to implement this Act.

SEC. 8. Repealing Clause. - All other laws, acts presidential decrees, executive
orders, issuances, presidential proclamations, rules and regulations or parts thereof,
which are contrary to and inconsistent with any provision of this Act are hereby
repealed, amended, or modified accordingly.

SEC. 9. Separability Clause. - If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in force and effect.

SEC. 10. Effectivity. - This Act shall take effect immediately following the
completion of its publication either on the Official Gazette or in two (2) newspapers of

general circulation in the Philippines.

Approved.