Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. 10344 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR., 
HON. MIGUEL LUIS R. VILLAFUERTE, AND 
HON. BRIAN RAYMUND S. YAMSUAN 
AN ACT COMPLYING WITH THE THREE-YEAR TERM OF INCUMBENT 
BARANGAY AND SK OFFICIALS AS MANDATED BY THE 1987 PHILIPPINE 
CONSTITUTION AND THE LOCAL GOVERNMENT CODE OF 1991, THEREBY 
RESETTING THE DECEMBER 2025 BARANGAY AND SANGGUNIANG 
KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
9164, AS AMENDED BY REPUBLIC ACT 9340, REPUBLIC ACT 10632, 
REPUBLIC ACT 10656, REPUBLIC ACT 10923, REPUBLIC ACT NO. 10952, AND 
REPUBLIC ACT 11462, AND FOR OTHER PURPOSES 
This bill proposes to fix the term of the incumbent Barangay and Sangguniang Kabataan 
(BSK) officials, in accordance with the power vested in the legislature by Constitution in 
Article X, Section 8, to comply with the mandated three-year term. Specifically, it seeks to 
move the BSK election dates provided in RA 11462 by postponing the elections from 
December 2025 and every three years to October 2026 and every three years thereafter. 
Article X, Section 8 of the Constitution states that, “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.” 
Section 43 (C) of the Local Government Code states that, “The term of office of 
Barangay officials and members of the Sangguniang Kabataan shall be for three (3) 
years, which shall begin after the regular election of Barangay officials on the second 
Monday of May 1994:.  
Section 2 of RA 9164 states that, “the term of office of all barangay and Sangguniang 
Kabataan officials after the effectivity of this Act shall be three (3) years.” 
In G.R. No. 263590, Macalintal v. COMELEC and G.R. No. 263673, Hidalgo, et al. v. 
Executive Secretary, et al, the Supreme Court declared unconstitutional RA 11935 or the 
postponement of the BSK elections scheduled on December 05, 2022 to the last Monday 
of October 2023. However, the elections pushed through in October 2023 and the doctrine 
of operative fact was applied.  
Understandably, the Supreme Court’s invalidation of RA 11935 meant that RA 11462 is 
the controlling law on the BSK elections. The Decision explains that “tenure” and “term” 
are not the same. It quotes the definition of term by Justice Brion as “the time during which 
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the officer may claim to hold the office as of right, and fixes the interval after which several 
incumbents shall succeed one another”. With the invalidation of RA 11935, the Supreme 
Court simply respects the term set in RA 11462 in which the current one ends in December 
2025.  
The same Decision clarifies that the Supreme Court does not assert its power over the 
Congress, rather it is enforcing and upholding the supremacy of the Constitution. More 
importantly, it explains that, “Congress, however, is not precluded from further amending 
RA 9164, as amended, subject to the guidelines herein provided.” The guidelines include: 
b. The postponement must be intended to safeguard the electorate’s right of
suffrage;
c. The postponement must be intended to safeguard other fundamental rights of the
electorate;
The proposed resetting of the December 2025 BSKE intends to safeguard the 
fundamental rights of both the electorate and the incumbent BSK officials. 
The right of suffrage is not only the actual exercise of the power to choose leaders through 
actual voting by the electorate, it further extends to the expectations of these chosen 
leaders to serve and fulfill their promises and platforms of government within the term 
provided by the law, which is THREE YEARS. In turn, because of the trust given by the 
electorate, the incumbent elected BSK officials shall serve and perform for three years. A 
shorter period is tantamount to the impairment of the expectations from the incumbents of 
electorate’s overall exercise of their right of suffrage. It likewise diminishes the obligations 
of the incumbent BSK officials to serve their constituents, and  lessens their 
accountabilities in the exercise of the power vested in them by the people’s free choice.  
The election of an official is not only a political contract between the elected leader and 
the electorate, it is also a legal and social one. It is a sacred contract that is time-bound. 
Thus, this proposed amendment gives the sufficiency of time for the officials to fulfill their 
promises and obligations in accordance with the term of three years as intended by the 
Constitution, RA 7160 and RA 9164.  
A term is meant to be served out in full. This proposal does not attempt to extend the term 
of office of the incumbent BSK officials, but it intends to harmonize the mandated three-
year term of the incumbents and the next BSK elections. In effect, this gives the present 
set of BSK officials a full three years to serve and set the term for BSK officials to be every 
three years as mandated by the Constitution and RA 9164.  
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
MIGUEL LUIS R. VILLAFUERTE 
BRIAN RAYMUND S. YAMSUAN 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. 10344 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR., 
HON. MIGUEL LUIS R. VILLAFUERTE, AND 
HON. BRIAN RAYMUND S. YAMSUAN 
AN ACT COMPLYING WITH THE THREE-YEAR TERM OF INCUMBENT 
BARANGAY AND SK OFFICIALS AS MANDATED BY THE 1987 PHILIPPINE 
CONSTITUTION AND THE LOCAL GOVERNMENT CODE OF 1991, THEREBY 
RESETTING THE DECEMBER 2025 BARANGAY AND SANGGUNIANG 
KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
9164, AS AMENDED BY REPUBLIC ACT 9340, REPUBLIC ACT 10632, 
REPUBLIC ACT 10656, REPUBLIC ACT 10923, REPUBLIC ACT NO. 10952, AND 
REPUBLIC ACT 11462, AND FOR OTHER PURPOSES 
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, 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 the last 
Monday of October 2026 and every three (3) years thereafter.”  
Sec. 2. 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 November 30 next following their election.”  
Sec. 3. Hold-Over. - Until their successors shall have been duly elected and 
qualified, all incumbent barangay and sangguniang kabataan officials shall remain in 
office, unless sooner removed or suspended for cause: Provided, That barangay and 
sangguniang kabataan officials who are ex officio members of the sangguniang bayan, 
sangguniang panlungsod, or sangguniang panlalawigan, as the case may be, shall 
continue to serve as such members in the sanggunian concerned until the next 


barangay and sangguniang kabataan elections unless removed in accordance with 
their existing rules or for cause.  
 
Sec. 4. 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. 5. 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. 6. 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. 7. Effectivity. - This Act shall take effect immediately following the 
completion of its publication either in the Official Gazette or in two (2) newspapers of 
general circulation.  
 
Approved,