Title
Postponement of Barangay and SK Elections
Law
Republic Act No. 11462
Decision Date
Dec 3, 2019
Republic Act No. 11462 postpones the barangay and Sangguniang Kabataan elections in the Philippines to December 2022, allowing elected officials to assume office immediately after proclamation and ensuring continuity in governance, while incumbent officials can remain in office until their successors are elected.

Q&A (Republic Act No. 11462)

The main purpose of Republic Act No. 11462 is to postpone the May 2020 synchronized Barangay and Sangguniang Kabataan elections to December 5, 2022, and amend related provisions in Republic Act No. 9164 as amended.

Subsequent synchronized Barangay and Sangguniang Kabataan elections were originally scheduled on the last Monday of October 2007 and every three (3) years thereafter.

The 2020 elections were postponed to December 5, 2022. Subsequent synchronized elections shall be held on the first Monday of December 2025 and every three (3) years thereafter.

For officials elected under this Act, the term of office shall commence at noon of June 30 next following their election, except for those elected in the December 5, 2022 elections and thereafter, whose term shall commence at noon of January 1 next following their election.

All incumbent officials shall remain in office until their successors have been duly elected and qualified, unless sooner removed or suspended for cause. Those who are ex officio members of the sanggunian shall continue to serve as such members until the next elections.

The necessary funding for implementing the Act shall be taken from the appropriations of the Commission on Elections (COMELEC) under the General Appropriations Act or through supplementary appropriations thereafter.

Section 1 (Date of Election) and Section 4 (Assumption of Office) of Republic Act No. 9164, as amended, were further amended by RA 11462.

The repealing clause states that all laws, acts, decrees, executive orders, or rules that are contrary or inconsistent with any provision of this Act are repealed, amended, or modified accordingly.

The separability clause ensures that if any portion of the Act is declared unconstitutional, the rest of the Act shall remain in effect.

RA 11462 took effect immediately after its publication in the Official Gazette or in two newspapers of general circulation.


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