‘Naming b’gay execs may need Cha-cha’

MANILA, Philippines - The Constitution may have to be amended if President Duterte insists on appointing barangay officials instead of holding elections for village officials this October, Senate President Aquilino Pimentel III said yesterday.

Pimentel’s statement came after he met with nine senators on Sunday night in a hastily called meeting to discuss Duterte’s plan to declare all barangay posts vacant and appoint new officials.

He said it was agreed the matter would have to be studied carefully to determine whether it was legal and even constitutional.

“No decisions were made, the sentiment that emerged is, the usual process in lawmaking, number one, if the proposal is constitutional or legal,” Pimentel told reporters.

“We need to study because we don’t just dismiss immediately the proposal, and we also don’t accept immediately the proposal because 42,000 barangays will be affected,” he said.

He said if the plan is considered constitutional, then lawmakers can take a step further and study what amendments to the law can be made to allow Duterte to appoint barangay officials.

Duterte earlier claimed 40 percent of barangay officials are involved in illegal drugs.

When asked what would be done if the plan was found to be unconstitutional, Pimentel said: “We have to change the Constitution.”

“But there’s no conclusion yet,” he added. “Whether the barangay elections can be postponed, our gut feel is it can be done, because it was done before.”

Congress postponed the 2016 barangay elections and reset it for this coming October.

He said the Constitution has left the “nitty-gritty” of the barangay system, including the terms of office of its officials, to the law, which Congress can amend.

He said he would seek clarification with Duterte as well as with Interior Secretary Ismael Sueno.

He dismissed speculations surrounding his meeting with other senators, saying he just wanted to save time.

Sen. Sonny Angara, chairman of the committee on local governments, said the matter needs thorough study and consultation.

He said the plan might also require amendments to the election law as well as the Local Government Code.

Senate President Pro Tempore Ralph Recto said holding barangay elections is the democratic approach to solving problems perceived by Duterte.

Sen. Sherwin Gatchalian said he would prefer criminal charges be filed against erring barangay officials and have them removed.

Sen. Joseph Victor Ejercito also expressed apprehension over the plan.

“There’s too many postponements already and I believe it’s time we should allow the 42,036 barangays to elect their new village leaders or give those who deserve their vote of confidence to continue serving them,” Sen. Panfilo Lacson said in a statement.

Presidential spokesman Ernesto Abella said President Duterte could fill the vacancies once a new law postponing the barangay elections is passed.

“Moving the schedule of the barangay elections, which is scheduled October this year, needs an amendment of the law. Without this new law, barangay elections will push through,” Abella said yesterday.

“The passage of a new law postponing the barangay elections will make all barangay positions vacant. Therefore, according to the Administrative Code of the Philippines, it is within the powers of the President to fill up declared vacant positions,” he added.

Abella allayed fears that the postponement of barangay elections would impinge on the people’s right to vote.

“The people’s right to vote must be carefully weighed against the possibility that a number of barangay officials with links to the illegal drug trade may unwittingly be elected into office, given the sad state of patronage in local politics,” he said.

Chief presidential legal counsel Salvador Panelo said the President would comply with existing laws.

“He (Duterte) is a lawyer. He knows what he says will be subject to the impositions and conditions that the law provides. We all know that there must be an amendment to this particular law,” Panelo told reporters in an interview.

Proposed bill

Staff members of Speaker Pantaleon Alvarez are now drafting a proposed bill at the House of Representatives to postpone for the second time in a year the barangay elections that are scheduled in October this year.

He believes that there is ample time to pass the proposed barangay measure.

Alvarez said he and his House colleagues would take advantage of the Holy Week break to meet with their Senate counterparts to seek their support for the bill, which would eventually lay the groundwork for the appointment of barangay officials.

“My staff are now drafting the proposed law on barangay polls postponement,” he said.

Congress needs to amend the Local Government Code of 1991 to give way to the plan of President Duterte to appoint village executives on the basis that 40 percent of barangay officials are allegedly involved in the illegal drug trade.

Reps. Gus Tambunting of Parañaque and Robert Ace Barbers of Surigao del Norte support it.

“I support such postponement and even a call for the proper amendments to the law on the matter. The elections of barangay officials over the years have shown that politics has heavily influenced what should be an apolitical institution,” Tambunting said.  – With Alexis Romero, Delon Porcalla, Edu Punay, Sheila Crisostomo, Evelyn Macairan