Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS 30 JUL 2013

First Regular Session ligne

HOUSE BILL NO._ 2062

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

‘A version of this bill was filed by the late Representative Pedro P. Romualdo in the previous
Congress. This proposed measure seeks to reset the 2013 Barangay and Sangguniang Kabataan
(“SK”) elections from October this year to October 2014 and adjust the term of office of elected
barangay and SK offficials from three (3) years to five (years). The term limit of such officials
are likewise sought to be changed from three (3) to two (2) consecutive terms.

In Resolution No. 9739, promulgated on 10 July 2013, the COMELEC revealed that the amount
appropriated by Congress in the 2013 General Appropriations Act for the conduct of the 2013
Barangay and SK Elections is “insufficient to defray all the necessary and reasonable expenses to
successfully hold and manage [the same] and to ensure that the said elections are honest, orderly,
peaceful, and credible.” Hence, the Commission has required barangays to set aside funds to
augment the appropriations of the Commission for the conduct of the 2013 Barangay and SK
Elections. It is highly doubtful that, at this time of the year, all barangays have such funds ready
and available to contribute to the COMELEC. That the Commission must have a sufficient and
the proper amount of funds necessary to conduct orderly elections cannot be overemphasized.
With the COMELEC lacking the financial resources to conduct barangay and Sangguniang
Kabataan elections this year, it would be most prudent for Congress to reset such elections to
next year, as well as appropriate the right amount needed for the COMELEC to properly conduct
the same.

Moreover, the 2013 National and Local Elections have recently been concluded. However, much
work related to such elections remains to be done. For instance, there still are 2013 Election-
related tasks and actions still pending before the Commission on Elections (the “COMELEC” or
the “Commission”) and the courts, It would be best if the Commission and the courts are given
more time to finish such tasks and dispose of such actions before they are once again burdened
with election-related activities and proceedings.

Finally, while barangay and SK elections are non-partisan, experience has shown that the
rivalries between candidates and their supporters in such elections can be very intense and full of
enmity. With the acrimony from the 2013 National and Local Elections still lingering, it is not
well-advised to hold another divisive electoral activity so soon. The country needs a respite from
heated, antagonistic, and bruising electoral contests.

With regard to the adjustment of the terms of office of elected barangay and SK officials, a
longer term of office means that barangays, as the primary planning and implementing unit of
government policies, plans, programs, projects, and activities in the community, will not be very



frequently subjected to the stresses and pressures of politicking and electoral competition.
Besides, present law allows the recall or removal of ineffective or erring elective barangay
officials. However, an extension in the duration of the terms of office of elected barangay and
SK officials should likewise include a change in their term limits. Hence, under this proposed
measure, such officials may only serve two (2) consecutive terms in the same position.
Incumbent elective barangay and SK officials shall continue to serve and remain in office until
their successors shall have been elected and qualified as provided under Section 5 of Republic
Act No. 9164, as amended by Republic Act No. 9340.

In view of all the foregoing and the period of time left before the month of October arrives, the
favourable support of the Members of Congress for the immediate passage of this bill is

earnestly requested.
ae

XAVIER JESUS “XJ” D. ROMUALDO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2062

INTRODUCED BY REPRES!

TATIVE XAVIER JESUS “XJ” D. ROMUALDO

AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 9164, AS AMENDED, RESETTING THE
BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, ADJUSTING THE
TERMS OF OFFICE AND TERM LIMITS OF ELECTED BARANGAY OFFICIALS,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives in Congress assembled:

Section 1, Section 1 of Republic Act No. 9164, as amended by Republic Act No. 9340, 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 THE LAST MONDAY OF
OCTOBER 2014 2

Tilo act aL Guat na Salon as Ut Monday ep adobee 20071
and EVERY FIVE (5) [three-43)] years thereafter.

Section 2. Section 2 of Republic Act No. 9164 is hereby amended to read as follows:

Section 2. Term of Office. ~ The term of office of all ELECTIVE barangay and
Sangguniang Kabataan officials after the effectivity of this Act shall be FIVE (5)

[three-3)] years.

No ELECTIVE BARANGAY AND SANGGUNIANG KABATAAN [barangay
eleetive] official shall serve for more than TWO (2) [#hree-@)] consecutive terms in
the same position. [+ Phat the term-of offiee-shall-be-reckoned

;| 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 4 of Republic Act No. 9164, as amended by Republic Act No. 9340 is hereby
amended to read as follows:

Section 4. Assumption of Office. ~ The term of office of the barangay and
Sangguniang Kabataan officials elected IN THE OCTOBER 2014 ELECTIONS
AND SUBSEQUENT ELECTIONS SHALL COMMENCE AT NOON OF
NOVEMBER 30 NEXT FOLLOWING THEIR ELECTION [under-this-Aet-shall

ae st-15-2002--next following their elections-The Paice oF



the-ba "I dang—kabs fieialselected_in_the-October-2007

ssuloitig Wile Socsea),
Section 4, Section 8 of Republic Act No. 9164, as amended by Republic Act No. 9340, is hereby
amended to read as follows:

Section 8. 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.

f ieee ie-omnioes COMELE ing Th a

532(0)-of Republic Act No-7160:]

Section 5. Application of New Term Limit, ~ For the purpose of applying the two (2) term limit
provided for in this Act, those officials who have been elected to and served for three (3)
consecutive terms in the same position shall no longer be eligible for reelection to such position
in the 2014 synchronized barangay and Sangguniang Kabataan Elections. Those who have been
elected to and served for two (2) consecutive terms in the same position shall be eligible for
reelection to such position for one (1) more term of five (5) years in the 2014 synchronized
barangay and Sangguniang Kabataan elections, Provided, However, That the first term of office
for those officials who were elected to their first term in the 2010 synchronized barangay and
Sangguniang Kabataan elections shall not be counted in the application of the new term limit.

Section 6. Repealing Clause. — All laws, decrees, executive orders, rules and regulations, or
parts thereof, that are inconsistent with the provisions of this Act, are hereby repealed or
modified accordingly.

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 shall not be affected and shall
remain in full force and effect.

Section 8. Effectivity Clause. - This Act shall take effect immediately after its publication in
two (2) newspapers of general circulation in the Philippines.

Approved,