SEN. Francis Tolentino yesterday said lawmakers should come up with legislation so that the “five requirements” laid down by the Supreme Court will serve as guide for postponing barangay and Sangguniang Kabataan elections (BSKEs).
Tolentino said BSKEs can still be deferred despite the Supreme Court’s declaration last week that the postponement of the BSKE, which was scheduled in December last year, is unconstitutional.
He said the SC decision was clear, that any future postponement must be in accordance with the guidelines set by the high court, such as the presence of a public emergency and it is “intended to safeguard other fundamental rights of the electorate.”
He said the guidelines set by the SC can be “refined” and named Election Postponement Act that “should serve as basis for Comelec and Congress in future postponement of the barangay elections.”
“We should not be discouraged because according to the Constitution, it is the duty of Congress to fix a date for the BSKE. So, you cannot take that away from Congress,” he said in Filipino in an interview with radio dzBB.
In its ruling last week, the SC said guidelines and principles pertaining to any government action that seeks to postpone and reschedule the conduct of any future BSKE should be set.
Tolentino said the SC recognizes Congress’ authority to legislate future “holdovers” of incumbent barangay and SK officials, contrary to arguments of the petitioners that it can be branded as “legislative appointments.”
He said it is up to the leadership of both house of Congress to file a motion for reconsideration on the S decision.
Tolentino said that despite the SC ruling, it still recognized the legal practicality and necessity of proceeding with the conduct of the BSKE under RA 11935 on the last Monday of October 2023, pursuant to the so-called Operative Fact Doctrine.
In September 2022, the Senate approved on third and final reading Senate Bill 1306, or an Act Postponing the December 2022 BSKE, which sought to amend RA 9164 as amended by other laws.
The bill was sponsored by Sen. Imee Marcos who also sponsored a measure passed in the 18th Congress postponing the BSKE from the second Monday of May 2020 to Dec. 5, 2020.
President Marcos signed the proposed measure into a law on October last year but its constitutionality was questioned by elections lawyer Romulo Macalintal before the SC.
