Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2888

Introduced by Representative Edgar Mary S, Sarmiento

EXPLANATORY NOTE

This bill seeks to postpone the May 2020 Barangay and Sangguniang
Kabataan (SK) Elections to May 2022.

The barangay is the most basic political unit of the country. It serves as the
primary planning and implementing unit of the government policies, plans, programs
and projects. The barangay also provides a platform for every resident to actively
participate in the community. On the other hand, the SK was instituted to ensure that
the youth would be active and be represented down at the grassroots level.

The most recent Barangay and SK Elections were moved from its original
schedule of October 2017 to May 2018. In the very law that implemented this change,
‘the next Barangay and SK Elections were still set to May 2020.

The abovementioned Barangay and SK Elections, as well as the May 2019
National and Local Elections, were faced with several issues.

During the May 2018 Barangay and SK Elections, “violence, vote buying,
confusion, and disenfranchisement which were encountered by voters and
candidates’.' There were numerous incidents of vote buying and intimidation of voters.
Calbayog City itself was shaken by the beheading of a candidate's husband days
before the election day. That is just one of the many incidents of violence that plague
the country as a prologue to the Barangay and SK Elections. The same plague reared
its ugly head during the May 2019 National and Local Elections.

Resetting the elections to May 2022 will allow the COMELEC (and other
concemed agencies and offices) to investigate and address these security-risks and
issues, The ample time will help the country employ measures to eradicate and prevent
massive vote-buying, intimidation and violence.

Furthermore, moving the Barangay and SK Elections from May 2020 to May
2022 will provide sitting Barangay and SK Officials the reasonably necessary time to
fully implement their policies and programs. This postponement will allow non-
disruption of their administrations and work to the benefit of the people. Furthermore,
‘scheduling this election at the same tims National and Local Elections will be more
financially efficient and save COMELEC and the country millions of pesos.

2 https://www.rappler.com/nation/202506-barangay-sk-elections-2018-problems-reports-provinces


The importance of the Barangay and Sangguniang Kabataan Elections could
not be more elucidated. It is one of the primary mechanisms which ensures that the
people are rightfully represented at the local level. However, being a political process,
itis not insulated from influences of partisanship. The Congress, therefore, must enact

‘safeguards to assure that the Barangay and Sangguniang Kabataan Elections would
be for the benefit of the community.

In view thereof, approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
2888
HOUSE BILL NO.

Introduced by Representative Edgar Mary S. Sarmiento

AN ACT POSTPOINING THE MAY 2020 BARANGAY AND SANGGUNIANG
KABATAAN ELECTION TO MAY 2022, AMENDING FOR THIS PURPOSE
REPUBLIC ACT NO. 9164

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 Republic Act No.
9340, Republic Act No. 10656, Republic Act no, 10923, and Republic Act No. 10952
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 and every three (3) years
thereafter, Provided that the barangay and sangguniang kabataan elections on
May 11, 2020 [October 23, 2017] shall be postponed to the second Monday of
May 2022 [2018]. Subsequent synchronized barangay elections shall be held
‘on the second Monday of May 2025 [2020] and every three (3) years
thereafter.”

SECTION 2. Section 4 of Republic Act No. 9164, as amended by Republic Act
No. 9340, Republic Act No. 10656, Republic Act no. 10923, and Republic Act No
10952 is hereby further amended to read as follows:

“SECTION 4. Assumption of Office. - The term of office of the barangay and
sangguniang kabataan officials under this Act shall commence at noon of June
30 next following their election; Provided, however, that the term of office of the
barangay and sangguniang kabataan officials in the May 2025 [2020] elections
‘and subsequently thereafter, shall commence at noon of June 30 next following
their election.”

SECTION 3. Hold Over — Until the 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 officials who are ex officio
members of the sangguniang bayan, sangguaniang panlungsod, or sangguaniang
panlalawigan, as the case may be, shall continue to serve as such member sin the
‘sanggunian concerned until the barangay election. The Liga ng mga Barangay at the
municipal, city, and provincial levels shall, not later than July 31, 2022, conduct


elections for ex officio positions in the sangguanians under the supervision of the
Department of the Interior and Local Government.

SECTION 4. Implementing Rules and Regulations - The Commission on
Elections shall, within ninety (90) days after the effectivity of this Act, shall promulgate
such rules and regulations necessary to implement this Act.

SECTION 5. Repealing Clause ~ All law, decrees, ordinances, rules or
regulations or parts thereof, inconsistent or in conflict with the provisions of this Act are
hereby expressly repealed, amended, or modified accordingly.

SECTION 6. Separabilty Clause — If for any reason any section or provision of
‘this Act is declared to be unconstitutional or invalid, the other sections or provisions
hereof which are not affected hereby shall continue to be in full force and effect.

SECTION 7. Effectivity — This Act shall become effective fifteen (15) days after
its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved.