Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17% Congress
First Regular Session

5510

HOUSE BILL NO.~ ~~

Introduced by: HON. JOSE ANTONIO “ KUYA JONATHAN” R. SY-ALVARADO

EXPLANATORY NOTE

The Barangay is the basic unit of the country’s political, social, and economic
structure, It serves as the frontliners for the delivery of the essential services of the
government. The elections in October this year (2017) if held, would disrupt the continuity
of the programs initiated nonetheless by the President. Realistically speaking, the positive
momentum carricd out by the government can again be placed on halt, if partisan politics
and inherent divisiveness become the spotlight again in the local scene. Fresh from an
election year (2016) which was National and Local, it is not a good time to exercise
politicking but instead focus on the implementation of programs that will benefit the
community as a whole. Therefore, it is thereby recommended that the elections be held on
the last Monday of May 2018 to establish neutrality and to effectively discharge their duties
impartially.

The Supreme Court noted that "Congress has the plenary authority under the
Constitution to determine by legislation not only the duration of the term barangay
officials, but also the application to them of a consecutive term limit’. This was
demonstrated by the SC’s ruling on the case questioning the jurisdiction of Congress in
COMELEC v Conrado Cruz et al, about the term limitations applicable. In this scenario, it is
best that the subsequent elections should be held five years instead of three years in order
to isolate them further from the National and Local elections and the terms of the current
elected officials (Barangay and SK) be extended to five years.

In view of the foregoing, approval of this bjii(s earnestly sought.

JOSE ANTONIO “KUYA JONATHAN” R. SY-ALVARADO-


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

147" Congress
First Regular Session

HOUSE BILL No._5510

introduced by: HON. JOSE ANTONIO R. SY-ALVARADO

AN ACT RESETTING THE 2017 BARANGAY ELECTIONS TO THE LAST MONDAY
OF MAY 2018, AND EVERY FIVE YEARS THEREAFTER, AND SETTING THE TERM
OF OFFICE OF ELECTED BARANGAY AND SANGGUNIANG KABATAAN
OFFICIALS TO FIVE YEARS

Section 1. Section 1 of Republic Act No. 9164, An Act Providing for Synchronized
Barangay and Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as
Amended, otherwise known as “Locai Government Code of 1991", and for other
purposes, is hereby amended as follows:

Section 1. Date of Election - The next synchronized Barangay and Sangguniang
Elections shalll be held on the last Monday of May 2018, and the subsequent elections

shall be held every five (5) years from the preceeding Barangay and Sangguniang
Kabataan elections.

Section 2. Section 2 of Republic Act No. 9164, An Act Providing for Synchronized
Barangay and Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as
Amended, otherwise known as “Local Government Code of 1991", and for other
purposes, is hereby amended as follows:

Section 2. Term of Office — The term of office of all Barangay and Sangguniang
Kabataan Officials shall be five (5) years.

No Barangay elective official shall serve for more than three (3) consecutive terms in
the same position. Provided, that 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 43 (c) of Republic Act 7160, otherwise known as the Local
Government Code of the Philippines, is hereby amended as follows:

Section 43. Term of Office —

(c) The term of office of Barangay Officials and Members of the Sangguniang Kabataan
shall be for five (5) years. No barangay elective official shall serve for more than three
(3) consecutive terms in the same position: Provided, that 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 4. Section 429 of republic Act No. 7160, otherwise known as the Local
Government Code of the Philippines is hereby amended as follows;

Section 429. Term of Office - the sangguniang Kabataan, chairman, and members shall
hold office for a period of five (5) years, unless sooner removed for cause as provided
by law, permanently incapacitated, die or resign from office.

Section 5. All incumbent Barangay officials shall remain in office unless sooner
removed or suspended for cause until their successors shall have been elected and
qualified.

Section 6. The Commission on Elections shall promulgate the implementing rules and
regulations necessary to implement this Act.

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 shail not be
affected and thereby remain in full force and effect.

Section 8. Repealing Clause. All laws, decrees, executive orders, and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.

Section 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.