Amending Barangay and SK Elections Act

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Republic Act No. 9340: Amending Barangay and SK Elections Act

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Title Source: Supreme Court: 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.

Law Summary

Commencement of Terms of Office

Barangay SK officials elected in 2002 begin their term on August 15, 2002.
Officials elected in 2007 and afterward start terms at noon on November 30 following their election.

Hold-Over Provision for Officials

Incumbent barangay and SK officials remain in office until successors are elected and qualified, unless removed or suspended for cause.
Incumbent officials who serve as ex officio members of higher sanggunian bodies continue until the next barangay election.
The Liga ng mga Barangay conducts elections for ex officio positions within 30 days post barangay elections under DILG supervision.

Appropriations and Funding

Implementation funds sourced from the Commission on Elections’ (COMELEC) appropriations under the General Appropriations Act and supplementary appropriations.
COMELEC savings up to P300 million can augment appropriations as authorized.
Additional augmentation permitted up to 10% of the reserved Sangguniang Kabataan funds under Republic Act No. 7160.

Rulemaking Authority

COMELEC is mandated to promulgate all necessary rules and regulations for the act's implementation.

Repealing Clause

Any inconsistent laws, decrees, executive orders, and regulations are repealed or modified to conform with this Act.

Separability Clause

If any section is held unconstitutional or invalid, the remainder of the Act remains in effect and enforceable.

Effectivity

The Act takes effect 15 days after publication in at least two national newspapers.

This Act effectively amends Republic Act No. 9164 by resetting election schedules and clarifying related administrative and procedural provisions to ensure organized conduct and proper transition of barangay and SK officials.

END