Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 133

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

EXPLANATORY NOTE

This measure seeks to postpone the December 5, 2022 Barangay and
Sangguniang Kabataan elections to December 4, 2023.

Section 429, Chapter 8 of the Local Government Code provides that the
Sangguniang Kabataan Chairman and Members shall hold office for a period
of three (3) years, unless sooner removed for cause as provided by law,
permanently incapacitated, die or resign from office.

The national and local elections have just been concluded this 2022. To
conduct Barangay and Sangguniang Kabataan elections for this year would
definitely add to the present division of our electorates. Another reason is that
there would be additional expenditures for the conduct of the said election on
the part of the Commission on Elections (COMELEC). It is of common
knowledge that our country had suffered a lot due to the pandemic brought
about by the COVID-19 and the recently concluded elections. Thus, it is
beneficial for the country to defer the conduct of Barangay and Sangguniang
Kabataan elections to December 4, 2023 to allow our country to concentrate
on other economic programs that would beneficial to our people.

In view of the foregoing, approval of this bill is earnestly sought.

RACHE) li DEL MAR



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

133

HOUSE BILL NO. __

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

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. 9340, 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 electious on December 5,
2022 shall be postponed to December 4, 2023. Subsequent
synchronized barangay and sangguniang kabataan elections shall
be held on the first Monday of December 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:

1


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 shail 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 26 1, paragraphs (v) and (w) of the Omnibus 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,