Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

INETEENTH CONGRESS
Third Regular Session

HOUSE BILL No, 10747

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
AURELIO "DONG" D. GONZALES JR., MANUEL JOSE "MANNIX" M. DALIPE,
FERDINAND ALEXANDER A. MARCOS, YEDDA MARIE K. ROMUALDEZ,
JUDE A. ACIDRE AND FAUSTINO “INNO” A. DY V

EXPLANATORY NOTE

The pronouncement of the Supreme Court in Macalintal vs. COMELEC (G.R. No.
263590) and Hidalgo, et al vs. Executive Secretary et al (G.R. 263673) is not lost in the
authors of this proposed measure.

Clearly, the High Court set forth guidelines and principles as regards any government
action that seeks to postpone any elections. To wit:

1) The right of suffrage requires the holding of honest, genuine, regular,
and periodic elections. Thus, postponement of the elections is the exception.
2) The postponement of the election must be justified by reasons sufficiently
important, substantial, or compelling under the circumstances:
a) The postponement must be intended to guarantee the conduct of
‘free, honest, orderly, and safe elections;
b) The postponement must be intended to safeguard the electorate's
right of suffrage;
©) The postponement must be intended to safeguard other
fundamental rights of the electorate; or
d) Such other important, substantial, or compelling reasons that
necessitate the postponement of the election, i.e., necessitated by



public emergency, but only if and to the extent strictly required by
the exigencies of the situation.

(1) Reasons such as election fatigue, purported resulting
divisiveness, shortness of existing term, and/or other
superficial or farcical reasons, alone, may not serve as
important, substantial, or compelling reasons to justify the
postponement of the elections. To be sufficiently important,
the reason for the postponement must primarily be justified
by the need to safeguard the right of suffrage or other
fundamental rights or required by a public emergency
situation.

3) The electorate must still be guaranteed an effective opportunity to enjoy
their right of suffrage without unreasonable restrictions notwithstanding the
postponement of the elections.

4) The postponement of the elections is reasonably appropriate for the
purpose of advancing a sufficiently important, substantial, or compelling
governmental reasons.

a) The postponement of the elections must be based on genuine
reasons and only on objective and reasonable criteria.

b) The postponement must still guarantee that the elections will be
held at regular periodic intervals that are not unduly long.

()) The intervals must still ensure that the authority of the
government continues to be based on the free expression
of the will of the electorate.

(2) Holding the postponed elections at a date so far remote
from the original election date may serve as badge of the
unreasonableness of the interval that may render
questionable the genuineness of the reasons for the
postponement.

©) The postponement of the election is reasonably narrowly tailored
only t0 the extent necessary to advance the government interest.

5) The postponement must not violate the Constitution or existing laws.

One thing remains clear in Macalintal. The Supreme Court did not prohibit the
postponement of the Barangay and Sangguniang Kabataan Elections but, on the contrary,
merely set criteria to be met if the Congress deems it necessary to postpone the same.

Briefly, this bill seeks to prescribe the term of office of elective barangay officials
and Sangguniang Kabataan officials to six (6) years keeping in mind the guidelines set by
the Court. In effect, this bill proposes to extend the term of the incumbent barangay and SK


officials who were elected in October 2023 until 2029.
Keeping in mind the guidelines in Macalintal, the author proffers the following:

First, Congress is deemed to possess plenary power for all purposes of civil
government. Except as limited by the Constitution, either expressly or impliedly, legislative
power embraces all subjects and extends to all matters of general concen or common
interest.!

In relation to this, the 1987 Constitution expressly grants to Congress the power to
fix the term of office of barangay officials. In fact, Congress in the past has enacted several
Republic Acts that prescribed the terms of office of barangay officials and set the dates of
Barangay and Sangguniang Kabataan Elections.

The Supreme Court in Macalintal did not and never intended to clip this power of its
co-equal branch.

Second, the Court in Macalintal repeatedly emphasized that any postponement
should not infringe the right to suffrage of the people.

With this proposed measure, the right of suffrage of the people will not be infringed
upon because they will continue to exercise their right to choose their barangay and SK
leaders. Rather, it is only the date when they will exercise such right which shall be
modified. Moreover, the conduct of Barangay and Sangguniang Kabataan Elections shall
continue to be held periodically and at regular intervals.

With a prolonged and fixed term of six years, this proposed measure gives more
essence to the right of suffrage because the people can enjoy a more sustained leadership
under the leaders they choose. At the same time, the people’s recourse to remove non-
performing local officials will still be available under our laws.

Third, the Court stated in Macalintal that the postponement is intended to advance
sufficiently important, substantial, or compelling governmental reasons.

The reason for the numerous postponements of the barangay and SK elections in the
past has been mainly anchored on the budgetary requirements in its conduct that often
coincide with the national elections. For the 2023 barangay and SK elections alone, the
COMELEC spent P18 billion with no indications of this amount going downwards.

With this proposal of setting the terms of the incumbent barangay and Sangguniang

Kabataan officials to six years or until 2029 and making it the regular interval, the barangay
and Sangguniang Kabataan elections will not coincide with the national elections, thus:

" Kida vs Senate of the Philippines. G.R. No. 196271. October 18, 2011


2025 2029

2028 2035
2031 2081
2034 2087
2037 2053
2040 2058
2043 2065
2086 201
2089 2077
2052 2083
2055 2089
2058 2095

In making sure that the barangay and SK elections do not coincide with the national
elections, the government ensures that these sets of officials remain apolitical as intended
by law and that budgetary expenditure on elections is distributed.

On a final note, The 1987 Constitution expressly grants to Congress the power to
fix the term of office of barangay officials. Section 8, Article X of the Constitution provides:

The term of office of elective local officials, except barangay officials.
which shall be determined by law, shall be three years and no such official
shall serve for more than three consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he
was elected.

The Constitutional provision is not merely an authority but a directive to Congress to
determine by law the term of office of barangay officials. Determining by law necessarily
requires considering the ever-evolving needs of the communities. Presently, it has become
imperative that programs be sustained insulated by the disruptive effects of a short term in
office.

Sustainability of growth at the local level requires the length of time that the framers
of the Constitution intended for the Chief Executive.

A longer term allows these barangay officials to do long-term planning and
implement sustainable projects and programs leading to more vibrant community
improvements. The stability that the extension may bring can lead to better continuity in


policies, thus ensuring that initiatives are seen through to completion and evaluated for
effectiveness. With more time in office, barangay officials can deepen their understanding
of local issues and deepen their relationship with their constituents. Overall, a six-year term
can enhance the quality and efficiency of local governance.

In view of the foregoing reasons, the immediate passage of this bill is sought.

GU: IN G. ROWUALDEZ

|ANUEH] JOSE “M4NNIY7 M. DALIPE

AURELIO {DONG”P. GONZALES, JR.
‘

YEDBA MARIE K. ROMUALDEZ

FERDINAND ALEXANDER A. MARCOS

ra
TINO “INNO’ACDYV



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
Third Regular Session

House Bit No. 10747

Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ,
AURELIO "DONG" D. GONZALES JR., MANUEL JOSE "MANNIX" M. DALIPE,
FERDINAND ALEXANDER A. MARCOS, YEDDA MARIE K. ROMUALDEZ,
JUDE A. ACIDRE AND FAUSTINO “INNO” A. DY V.

AN ACT
SETTING THE TERM OF OFFICE OF BARANGAY AND SANGGUNIANG
KABATAAN OFFICIALS TO SIX (6) YEARS AND FOR OTHER PURPOSES

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

SECTION 1. Term of Office of Barangay Officials. The term of office of all elected
Barangay Officials shall be six (6) years. No barangay elective official shall serve for
more than two (2) consecutive terms in the same position. 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 2. Term of Office of Sangguniang Kabataan Officials. The term of office of
the chairperson and members of the Sangguniang Kabataan shall be six (6) years. No
Sangguniang Kabataan official shall serve for more than two (2) consecutive terms in
the same position. 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. Date of Election. The next regular Barangay and Sangguniang Kabataan
Elections shall be held on the last Monday of October 2029 and every six (6) years
thereafter.


SECTION 4. Assumption of Office. The term of office of Barangay and Sangguniang
Kabataan Officials elected subsequent to the effectivity of this Act shall commence at
noon of November 30 next following their election.

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

SECTION 6. Implementing Rules and Regulations. — The Commission on Elections
(COMELEC) shall promulgate such rules and regulations necessary, within ninety (90)
days, after the effectivity of this Act.

SECTION 7. Separability Clause. —If any provision of this Act is held
unconstitutional, other provisions not affected thereby shall remain valid and binding.

SECTION 8. Repealing Clause. —All other laws, decrees, executive orders,
issuances, rules and regulations, or part thereof inconsistent with this Act are hereby
likewise repealed or amended accordingly.

SECTION 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after the

completion of its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation

Approved,