First new law of the land

For all intents and purposes, the incumbent barangay officials will get reprieve to stay in office for at least one more year. Whether these officials have performed well, or abused their powers during their three-year term as barangay officials, there will be a blanket extension in office for all of them.

Their one-year extension in office is courtesy of the 17th Congress, with approval no less by President Rodrigo Duterte. However, the postponement of the barangay and SK elections will only be effective, of course, once the Chief Executive signs this into law not later than this month.

The soon-to-become law will reset the scheduled elections in all 42,036 barangays all over the Philippines from Oct. 31 this year to the last Monday of October next year.

As for the aspirants in the upcoming Sanggunian ng Kabataan (SK) elections, they, too, will get one more year to prepare. The SK polls were synchronized with the barangay elections this year under Republic Act (RA) 10742, or the SK Reforms Act. It would be a totally new slate for SK organizations all over the country because there have been no incumbent SK officials since November 2013.

The passage into law of the consolidated bill on the proposed postponement of the barangay and SK elections is being steered in the 17th Congress by Senator Juan Edgardo “Sonny” Angara and South Cotabato Rep. Pedro Acharon Jr., chairman of the Senate and House committees on local government, respectively.

Taking the cue from President Duterte no less and leaders of Congress, Commission on Elections (Comelec) chairman Andres Bautista yesterday suspended the printing of ballots for the barangay and SK indefinitely. Once this is signed into law, it will make it official and legal amid questions on the alleged violations of the country’s Constitution in extending the term of office of barangay officials, Bautista cited.

Veteran election lawyer Romulo “Romy” Macalintal has been most vocal in raising this question in his vehement objection to extend the term of incumbent barangay and SK in the guise of resetting the elections. His concern was also echoed by some opposition Congressmen led by house minority leader Quezon Province Rep. Danilo Suarez, Buhay party-list Rep.Lito Atienza and Kabayan Rep. Harry Roque.

Instead of extending the terms of incumbent barangay officials, the House opposition bloc suggested to President Duterte to appoint officers-in-charge (OICs). One recommendation is for the bill to authorize the Office of the President and the Department of Interior and Local Government (DILG) to vet and appoint OICs who will take over the barangay posts to be vacated.

While it may be a well-meaning suggestion, it would be foolhardy to expect the President and DILG Secretary Ismael Sueno to fill the entire vacancies in 42,036 barangays all over the country from chairman to seven members of barangay kagawad and one SK chairman.

As far as Sen. Angara is concerned as the principal author and sponsor of this bill at the Senate, such questions and concerns are far outweighed by the grounds invoked by President Duterte and leaders of Congress to justify the postponement of the barangay and SK polls.

Angara cited these reasons in detail during our Kapihan sa Manila Bay held last Wednesday at Cafe Adriatico in Remedios Circle, Malate. The Senator submitted the “first-ever” Senate committee report to reset the barangay and SK elections on Oct. 31 this year to October next year. This was after 22 of the 24 Senators signed the Committee Report endorsed by Angara to postpone the holding of the twin elections to next year.

Angara, who belongs to Laban ng Demokratikong Pilipino (LDP), is a member of the “super majority” in the 17th Congress.

At the Senate public hearing, Angara recalled no less than the Comelec chairman testified it would be reasonable to postpone the barangay and SK elections. Angara noted with concern about the “election fatigue” of Filipino voters if there would be another election taking place barely a few months after the holding of the May 9 national and local elections this year. 

It was Bautista who echoed “election fatigue” when he first suggested the postponement of the barangay and SK elections. He first spoke about this during our Kapihan sa Manila Bay last May 25. It was three weeks after the results of the automated May 9 elections came in.

A good indication of which, Angara noted, was the Comelec report on registration of new voters when barely half of the estimated 2.5 million new voters turned out to register.

Another reason for the postponement of the barangay and SK elections, Senate president Aquilino Pimentel III and Speaker Pantaleon Alvarez both warned the holding of the polls as scheduled would prevent the freshly installed President Duterte from appointing new government officials.

This is because one of the banned activities during the election campaign is appointment, promotion, transfer or removal of government officials and other state personnel.

The 65-day-old administration is in the process of installing new officials after President Duterte issued Memorandum Circular 4 that declared vacant all posts of presidential appointees.

Angara shared concern there would be further delays in the infrastructure program of the government if elections were held again in our country this year due to Comelec ban on public works construction.

And most importantly, Angara pointed out, the on-going campaign of President Duterte against illegal drugs being implemented by the police and military would be hampered. This is because the Comelec deputize the police and military forces to secure elections.

With both chambers of Congress in agreement to postpone the barangay and SK elections, Angara sees the smooth-sailing approval of this bill into law within the next two weeks.

The so-called “super majority” in both chambers of 17th Congress will produce its first newest law of the land.

President Duterte would have his maiden signature into law when he approves this during the first 100 days of his administration.