1 Republic of the Philippines

HOUSE OF REPRESENTATIVES

2

3 Quezon City

4

5 SIXTEENTH CONGRESS

6 Third Regular Session ,

8 F HOUSE BILLNO, 6495 _

3

10

u Introduced by Representative Jerry P. Trefias

12 _

13 _

14

5 EXPLANATORY NOTE «

16

7 The barangay, as the basic unit of the country’s social structure, should be insulated from
18 the influence of partisan polities, Unfortunately, the next Barangay election is scheduled on the
19 same year as the nationwide national and local elections on May 9, 2016. The politics and
29 inherent divisiveness of the 2016 nétional and local elections will greatly influence the conduct
21 and outcome of the next barangay elections, unless if postponed to a non-election year.

23 Tt was noted by the Supreme Court, in the case of Occefia vs. Comelec, that there are

24 good reasons for insulating the barangay from the divisive and debilitating effects of a partisan
25 ’ political campaign, es the barangay captain and the barangay council also act as agencies for
6 neutral community actions such as distribution of basic netessities, conducting plebiscites and
7 settling local disputes, Hence, the High Tribunal noted that “it would definitely enhance the
objective and impartial discharge of their duties for barangay officals to be shielded from
8 political loyalty.”

0

3

31 Moreover, the postponement of the 2016 Barangay elections will allow the incumbent
32 barangay officials to continue to implement their projects and initiatives, Scheduling a
33 nationwide barangay elections too soon will disrupt the continuity of the programs and the
34 implementation of projects in the various barangays all over the country, Hence, it is best to
35 schedule the next barangay election on the last Monday of October 2018

37 It is also necessary to schedule the next elections five years after, instead of three years,
38 in order to insulate the elections from the national and local elections (Which take place every
39 three years). Consequently, the term of the elected officials and the synebronized barangay and
40 sangguniang kabataan elections must likewise be extended to five years

42 The power of Congress to determine both the term of office and the term limitations has
43 been affirmed by the Supreme Court when R.A, 9164-was questioned before the High Tribunal,
44 . inthe case of COMELEC vs. Conrado Cruz, et al.. The Supreme Court noted that “Congress has
45 plenary authority under the Constitution to determine by legislation not only the duration of the
46 term of barangay officials, but also the application to them of a consecutive term limit.”

“Occefia vs. Comelec, &.R. No 90258 (January 31, 1984)



Moreover, the High Tribunal observed the“textually demonstrable commitment by the 1987
Constitution to Congress of the authority to determine the term duration and limitation of
barangay officials under the Constitution.” *

Inview of the foregoing, I highly encourage the approval of this bil ae

GR. Ne. 186636 {November 20, 2008) femphasis supplies}


Republic of the Philippines
HOUSE OF REPRESENTATIVES
. Quezon City

SIXTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO, 6495

Introduced by Honorable Jerry P. Trefias

AN ACT RESETTING THE 2016 BARANGAY ELECTIONS TO THE LAST MONDAY
OF OCTOBER 2018, AND EVERY FIVE YEARS THEREAFTER, AND SETTING THE
TERM OF OFFICE OF ELECTED BARANGAY AND SANGGUNIANG KABATAAN
OFFICIALS TO FIVE YEARS.

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

Section 1.Section 1 of Republic Act No. 9164, An Act Providing for Synchronized Barangay and
Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as Amended, Otherwise
known as the “Local Government Code of 1991”, and for other purposes, is hereby amended as
follows:

Section 1, Date of Election (There—shallbe-synehronized

ahsbainan-cleetions-shall-be-held-on the last Mend

Qerober—and—every—three—(3)-yearsthereafter] The next
synchronized barangay and sangguniang Kabataan elections
shall be held on the last Monday of October 2018, and the
subsequent elections shall be held every five (5) years from the
preceding barangay and sangguniang kabataan elections.

Section 2.Section 2 of Republic Act No. 9164, An Act Providing for Synchronized Barangay and
Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as Amended, Otherwise
known as the “Local Government Code of 1991", and for other purposes, is hereby amended as
follows:

Seetion 2. Term of Office.—The term of office of all barangay and

sangguniang kabataan officials (after-the-effectivity-of this Act]

shall be [three-@)] five (5) years.

No barangay elective official shall serve for more than [three

€3)] three (3) consecutive terms in the same position: Provided;
ver That th ¢ efiee-chall-be- reckoned fons the 1004



ou

19
20
2a
22

23
24
25
26
7
28
29
30
31
32
33
34
35
236
37
38
39

berangay—eleetions.] Provided, that 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 43 (c) of Republic Act No. 7160, otherwise known as the Local Government
Code of the Philippines, is hereby amended as follows:

Section 43.Term of Office. -

(c) The term of office of barangay officials and members of the
sangguniang Kabataan shall be for [three-(2)] five (8) years,

Jbigh-shall-b lar election of b Seials-on
pealesmra veteran yer) No barangay elective official
shall serve for more than three (3) consecutive terms in the
same position: Provided, that 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 4.Section 429 of Republic Agt No. 7160, otherwise known as the Local Government
Code of the Philippines, is hereby amended as follows’

Section 429.Term of Office. - The sangguniang kabataan
chairman and members shall hold office for a period of [#hree
(3)] five (5) years, unless sooner removed for cause as provided
by law, permanently incapacitated, die or resign from office.

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

Section 6, The Commission on Elections shall promulgate the implementing rules and
regulations necessary to implement this Act.

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
thereby remain in full force and effect.

Section 8.Repealing Clause. — All laws, decrees, executive orders, and rules and regulations, or
parts thereof, inconsistent with the, provisions of this Act, are hereby repealed or modified
accordingly.

Section 9.Effectivity Clause— This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved,