The Supreme Court yesterday declared as unconstitutional Republic Act No. 11935 or the law postponing the holding of the barangay and Sangguniang Kabataan elections (BSKE) from its initial schedule of December 5, 2022 to the last Monday of October 2023.
This even as it recognized the “legal practicality and necessity” of proceeding with the conduct of the polls on October 30 this year.
In a decision penned by Associate Justice Antonio Kho Jr., the SC en banc granted the consolidated petitions filed by lawyers Romulo Macalintal, Alberto Hidalgo, Aluino Ala, Agerico Avila, Ted Cassey Castello, Joyce Ivy Macasa and Frances May Realino questioning the legality of RA 11935, commonly known as the “Act Postponing the December 2022 Barangay and Sangguniang Kabataan Elections.”
The Court said RA 11935 “violates the freedom of suffrage as it failed to satisfy the requirements of the substantive aspect of due process clause of the Constitution.”
“The Court found that there was no legitimate government interest or objective to support the legislative measure, and that the law unconstitutionally exceeds the bounds of the Congress’ power to legislate,” it added.
It added that the enactment of RA 19935 was “attended with grave abuse of discretion amounting to lack or excess of jurisdiction.”
It lamented that “the means employed by Congress are unreasonably unnecessary to achieve the interest of the government sought to be accomplished, and that the said means are unduly arbitrary or oppressive of the electorates’ right of suffrage.”
It also underscored that “the primordial purpose stated in the various bills presented in the Senate and the House of Representatives sought the realignment of the budget allocation of the Comelec for the 2022 BSKE to the Executive for the latter’s use in its projects cannot be done without violating the explicit prohibition in the Constitution against any transfer of appropriations.”
“The postponement of the 2022 BSKE by RA 11935 for the purpose of augmenting the Executive’s fund is violative of the Constitution because it unconstitutionally transgresses the constitutional prohibition against any transfer of appropriations, and it unconstitutionally and arbitrarily overreaches the exercise of the rights of suffrage, liberty and expression,” the High Court stressed.
The SC also reminded lawmakers that “reasons such as election fatigue, purported resulting divisiveness, shortness of existing term, and/or other superficial or farcical reasons, alone, may not serve as important, substantial, or compelling reasons to justify the postponement of the elections.”
It stressed that “to be sufficiently important, the reason for the postponement must primarily be justified by the need to safeguard the right of suffrage or other fundamental rights or required by a public emergency situation.”
It added that “the postponement must be intended to guarantee the conduct of free, honest, orderly and safe elections.”
In granting the consolidated petitions, the Court declared that the free and meaningful exercise of the right to vote, as protected and guaranteed by the Constitution, requires the holding of “genuine periodic elections” which “must be held at intervals not unduly long” and that “the Commission on Elections does not have the power to postpone elections on a nationwide basis.”
“This power lies with the Congress pursuant to its plenary power to legislate and its power to fix the term of office of barangay officials under Article X, Section 8 of the Constitution,” the High Court ruled.
The SC said the case has not been rendered moot to preclude the exercise of its judicial review power because the transgression of RA 11935 on the people’s right to suffrage “is continuing” and did not cease upon the lapse of the December 5, 2022 election schedule.
In the same ruling, the SC held that the BSKE scheduled on October 2023 shall proceed.
However, it stressed that the term of office of the sitting barangay and youth officials shall be deemed to have ended on December 31, 2022 following the provisions of RA 11462, the original BSKE law and which was repealed by RA 11935.
The SC clarified that the continued discharge of functions by the sitting BSK officials in a hold-over capacity, following the provisions of RA 11935, “shall in no way constitute as an unconstitutional legislative appointment.”
The SC further ruled that succeeding BSKE shall be held on the first Monday of December 2025 and every three years thereafter, pursuant to RA 11462.
PREPARATIONS CONTINUE
The Comelec is not set to make any changes in its preparations for the October 30 BSKE despite the SC ruling.
In a brief statement, Comelec chairman George Garcia said the decision of the SC won’t affect their ongoing preparations because the ruling was more directed at the Legislative and Executive branches of government.
“The decision is more addressed to the political departments of our government for future guidance,” said Garcia.
In an earlier interview, Garcia said they are nearly 100 percent prepared to conduct the barangay and youth polls.
“We are around 95 percent prepared. The 5 percent is just because we need to print the additional 1.3 million ballots, and train our teachers this coming August,” said the poll chief.
“All the election paraphernalia and supplies to be used are already in our warehouse and will be sent in advance to the city/municipal treasurers, including our official ballots. So, the Comelec is really prepared,” added Garcia. — With Gerard Naval
