Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

i1No, 3893 _

House Bill No.

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO.

EXPLANATORY NOTE

Good governance must be repaid with new mandates while poor governance must
not be allowed to persist. As the most basic political unit in the country, the Barangay
is the frontliner in terms of providing for basic government services. Key officials, both
from the Barangay and the Sangguniang Kabataan ("SK"), act as the vehicle to which
these basic governmental services are delivered. As such, it is crucial that the
mandates of these barangay officials are regularly renewed to ensure that they have
the consent, trust and confidence of the constituencies that they govern.

This bill seeks to postpone the Barangay and SK Elections to May 8, 2023, instead of
the original date of December 5, 2022. Since the 2022 national and local elections were
just held, it is necessary to give the Commission on Elections and the electorate ample
time to prepare. More than that, with the current economic climate of the country, it
is paramount that government expenses be diverted to recovery.

Therefore, once approved, this bill will bring the Barangay and SK Elections back into
alignment with the Local Government Code of 1991 which originally provided that
these elections be held on the second Monday of May and every three years thereafter,
and that the term of office starts on June 30 after every election. The intent of the Local
Government Code is to set June 30 as the symbolic and concrete manifestation of
having an enduring representative democracy.

Considering that several bills were already passed postponing the Barangay and SK
elections, this bill aims to undo the destabilization introduced by related provisions of
laws enacted after 1991, which repeatedly changed the dates of elections and starts of
term of office, resulting in the extension of service of barangay officials without direct
mandate from the sovereign voters as what a representative democracy should be,
down to the smallest local government units — the barangays.

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The national and local elections of May 9, 2022 pushed through, as scheduled, despite
the COVID-19 pandemic. Thus, a pandemic alone is not sufficient reason or basis for
rescheduling any elections. After this bill faithfully realigns the Barangay and SK
Elections to the original intent of the Local Government Code of 1991, the people's
right to suffrage, at the barangay level, is protected and empowered.

Postponing the Barangay and SK Elections to May 2024 or some other date later than
May 8, 2023 would proiong the agony and suffering of citizens who have not been
able to exercise their right to suffrage, and worse, have not been served well and
competently by their local leaders. Bad and poor governance should not be allowed
to persist, especially in barangays whose leaders have miserably failed their mandates.

RALPH WENDEL P. TULFO JOCELY ‘O
Representative Represefitati
2ut District of Quezon City ACT-CIS Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

NINETEENTH CONGRESS.
First Regular Session

TNo, 3803

House Bill No.

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO.

AN ACT POSTPONING THE BARANGAY AND SANGGUNIANG
KABATAANG ELECTIONS SCHEDULED ON DECEMBER 5, 2022 TO MAY 8,
2023, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9164, AS
AMENDED, AND FOR OTHER PURPOSES

SECTION 1. Short Title. This Act shall be known as the “Ensuring the Regularity of
Barangay and Sangguniang Kabataan Elections Act.”

SEC. 2. Declaration of State Policy and Guiding Principles. it is hereby declared State
Policy and Guiding Principles on local government:

(1) that the sovereignty residing in the Filipino people and all government
authority emanating from them is manifested truthfully and refreshed
whenever regular local elections are conducted consistent with the 1987
Constitution and Republic Act No. 7160, as amended, also known as the Local
Government Code of 1991;

(2) that representative democracy and its processes are strengthened whenever the
regularity of peaceful and legal transfer of power from one term of office to the
next is consistently upheld no matter when and who are elected to national
positions;

(3) that representative democracy and its processes are diminished when
Barangay and Sangguniang Kabataan positions are held by appointed officials
outside of legal succession processes and when such appointed officials serve
for an extended period of time that is substantially or totally the same as
serving for a full term of office;

(4) that the maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare, especially at the barangay


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level, are essential for the enjoyment by all the people of the blessings of
democracy;

(5) that the autonomy of local governments is effectively upheld when the conduct
of Barangay and Sangguniang Kabataan Elections is held on a regular three-
year term;

(6) that regularity of Barangay and Sangguniang Kabataan Elections helps
guarantee equal access to opportunities for public service;

(7) that honesty and integrity in the public service is renewed when Barangay and
Sangguniang Kabataan officials are regularly elected so they can serve with
fresh mandates;

(8) that the regularity of Barangay and Sangguniang Kabataan Elections are
positive and effective measures against graft and corruption; and

(9) that a more responsive and accountable local government structure is fostered
with each regularly-held Barangay and Sangguniang Kabataan Elections.

SEC. 3. Postponement of the Barangay and Sangguniang Kabataan Elections. Section
1 of Republic Act No. 9164, as amended, 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 the second Monday of May 2020 shall be
postponed to [December—5—2022] MAY 8, 2023. Subsequent
synchronized barangay and sangguniang kabataan elections shall be
held on the first Monday of [December 2025] MAY 2026 and every three
(3) years thereafter[.J; PROVIDED, FINALLY, THAT NO BARANGAY
AND SANGGUNIANG KABATAAN ELECTIONS HELD AFTER MAY
8,2023 SHALL BE POSTPONED EXCEPT IN THE EVENT OF FORMAL
DECLARATION OF WAR, IMMINENT OR ACTUAL INVASION, OR
STATE OF NATIONAL CALAMITY DUE TO WIDESPREAD
NATURAL DISASTER, BUT EXCLUDING ANY PANDEMIC."

SEC. 4. Section 4 of Republic Act No. 9164, as amended, 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 June 30 next following their election, E Provided however,

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SEC. 5. Succession and Filling Up of Vacancies. For Sangguniang Kabataan elective
positions, Section 19 of Republic Act No. 10742, as amended by Republic Act No.
11768, specifically on Succession and Filling Up of Vacancies, shall apply whenever
any vacancy occurs until the newly-elected Sangguniang Kabataan officials assume
office at the start of their term on June 30, 2023. For Barangay elective positions, the
pertinent provisions of the Omnibus Election Code (Batas Pambansa Bly, 881) shall
apply whenever any vacancy occurs from December 5, 2022 to until the newly-elected
Barangay officials assume office at the start of their term on June 30, 2023.

SEC. 6. Continuing Registration of Eligible Voters. The Commission on Elections is
hereby authorized to carry on with its Continuing Registration of Voters intended for
the elections of December 5, 2022. This amends Section 8 of Republic Act No. 8189,
otherwise known as "The Voter's Registration Act of 1996" but only as a singular
exception for the purposes provided under this Act.

SEC. 7. Registration and Voting of Eligible Young Voters and Older Voters in Conflict
with the Law. The Commission on Election shall ensure that eligible younger voters
and older voters in conflict with the law, but confined to detention facilities at the city
and municipal level jails and detention facilities, shall be registered as voters and
enabled to vote within those facilities for the Barangay and Sangguniang, Kabataan
Elections in accordance with laws, rules, and regulations.

SEC. 8. Extension of the Applicability of the FY 2022 General Appropriations Act. The
amounts appropriated in Republic Act No. 11639 FY 2022 General Appropriations Act
(GAA) for the conduct of the Barangay and Sangguniang Kabataan Elections on
December 5, 2022 are hereby authorized for applicability to the new date of elections
for the purposes indicated in Republic Act No. 11639 and subject to the relevant
special and general provisions thereof.

SEC. 9. Appropriations. Additional appropriations for the conduct of the Barangay
and Sangguniang Kabataan Elections on May 8, 2023 shall be included in
appropriations for the Commission on Elections in the General Appropriations Act
for Fiscal Year 2023.

SEC. 10. 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. 11. Separability Clause. - If for any reason or reasons, any part or provision of
this Act shall be declared as unconstitutional or invalid, the other parts of provisions
hereof which are not affected thereby shall continue to be in full force and effect.

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SEC. 12. Effectivity. - This Act shall take effect immediately upon its publication.

Approved,