THE Supreme Court has reaffirmed its order declaring Republic Act (RA) 11935, or the “An Act Postponing the December 2022 Barangay and Sangguniang Kabataan Elections (BSKE)” to October 2023, as unconstitutional.
The Supreme Court has denied with finality the motion for reconsideration filed by the Office of the Solicitor General (OSG) urging the high court to reconsider its decision dated June 27, 2023 on the unconstitutionality of RA 11935.
The OSG maintained in its petition the validity of RA 11935 as it complies with the constitutional guarantee of substantive due process and that its enactment was not attended with grave abuse of discretion and that it is supported by legitimate government interests, particularly the need for more time to study the electoral reforms that should be introduced in the BSKE.
It also reiterated that the postponement of the BSKE is necessary to achieve the Congress’ vision to reform the BSKE system.
But the SC said the arguments of the OSG are mere reiterations of those that were already considered in their previous decision.
It said that while the power of the Congress to legislate all matters of general concern or common interest is broad and plenary, “it is limited by the Constitution, either expressly or impliedly” which includes the due process clause.
“On this score, the Court reiterated that the legislative history of RA 11935 manifestly demonstrated that it is not supported by a legitimate government interest or objective since the primary, and animating, reason for the postponement was to unconstitutionally realign the budget allocation of the Comelec for the 2022 BSKE towards the government’s other projects and programs,” the SC said.
“Additionally, RA 11935 did not employ a reasonably necessary means to achieve the government interest as the postponement of the 2022 BSKE unduly and arbitrarily encroached on the electorate’s exercise of their right of suffrage,” it added.
On the OSG’s argument that the revival of RA 11462 shortens the “term of office” of the winning candidates in the October 2023 elections to only two years, the SC said it is the “tenure” of the winning candidates not their “term.”
“Since the term of office of the sitting BSKE officials shall be deemed to have ended on December 31, 2022 (as explained in the decision), the ‘term’ of office of the October 2023 winning candidates shall be deemed to have begun thereafter pursuant to RA 11462,” the SC noted.
Despite the ruling, the SC said the BSKE, which was set on the last Monday of October 2023, shall proceed as scheduled.
It also indicated in its decision that the sitting barangay and Sangguniang Kabataan officials shall continue to hold office until their successor shall have been elected and qualified, but their term of office shall be deemed to have ended on December 31, 2022, consistent with RA 11462 and that the succeeding synchronized BSKE shall be held on the first Monday of December 2025, and every three years thereafter, pursuant to RA 11462.
In response, Commission on Elections Chairman George Garcia said they are prepared to conduct the elections “anytime, anywhere.”
“It’s not our duty to question the law more so disobey it. As it stands now, BSKE is a go by October 30, 2023 and December 2025 is the next one. The SC has spoken. It has the last say on the issue of constitutionality of laws and actions of officialdom,” he said. (SunStar Philippines)