Title
Amending Barangay and SK Elections Act
Law
Republic Act No. 9340
Decision Date
Sep 22, 2005
Republic Act No. 9340 amends the election date for barangay and sangguniang kabataan officials in the Philippines, changing it to the last Monday of October 2007 and subsequent elections every three years after, with the term of office beginning on August 15, 2002, for officials elected under Republic Act No. 9164 and on November 30 after their election for officials elected in the October 2007 election and onwards.

Questions (Republic Act No. 9340)

RA 9340 amends Republic Act No. 9164. Its main purpose is to reset/synchronize the barangay and Sangguniang Kabataan (SK) elections and provide related adjustments, including assumption of office and funding provisions.

They are held on July 15, 2002.

Subsequent elections are held on the last Monday of October 2007 and every three (3) years thereafter.

For officials elected under the Act, the term commences on August 15, 2002, next following their elections.

Their terms commence at noon of November 30 next following their election.

Incumbent barangay and SK officials remain in office unless sooner removed or suspended for cause, until their successors are elected and qualified.

They continue to serve as ex officio members in the concerned sanggunian until the next barangay election.

They must conduct elections for ex officio positions in the sanggunians within thirty (30) days after the next barangay election, under the supervision of the Department of the Interior and Local Government (DILG).

The amount necessary for implementation shall be taken from the appropriation of COMELEC under the General Appropriations Act and/or supplementary appropriations.

The savings of COMELEC not exceeding Three Hundred Million Pesos (₱300,000,000.00) may be used, as authorized under COMELEC Special Provision No. 2 of RA 9162.

The fund mentioned may be augmented by an amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532(c) of RA 7160.

The Commission on Elections (COMELEC).

All laws, decrees, executive orders, rules and regulations, or parts thereof, inconsistent with RA 9340 are repealed or modified accordingly.

If any section or provision is held unconstitutional or invalid, the other sections or provisions remain in full force and effect.

It takes effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

It provides for a gap of about one month between election day and the start of officials’ term for the July 15, 2002 synchronized elections.


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