Amending Barangay and SK Elections Act

Republic Act No. 9340 amends Republic Act No. 9164 (amending barangay and sangguniang kabataan elections law).
Section 1 of Republic Act No. 9340 amends Section 1 of Republic Act No. 9164 (election date).
Section 2 of Republic Act No. 9340 amends Section 4 of Republic Act No. 9164 (assumption of office).
Section 3 of Republic Act No. 9340 amends Section 5 of Republic Act No. 9164 (hold-over and ex officio sanggunian positions).
Section 4 of Republic Act No. 9340 amends Section 8 of Republic Act No. 9164 (appropriations and funding sources).
Section 6 of Republic Act No. 9340 includes a repealing clause for inconsistent issuances (Repealing Clause, Section 6).

Section 1 requires synchronized barangay and sangguniang kabataan elections.
The synchronized barangay and sangguniang kabataan elections are held on July 15, 2002 (Section 1).
Subsequent synchronized elections are held on the last Monday of October 2007 and every three (3) years thereafter (Section 1).

Section 2 provides that the term of office of barangay kabataan officials elected under Republic Act No. 9164 commences on August 15, 2002, next following their elections (Section 4 (as amended)).
Section 2 provides that the term of office of barangay and sangguniang kabataan officials elected in the October 2007 election and subsequent elections commences at noon of November 30 next following the elections (Section 4 (as amended)).

Section 3 requires that all incumbent barangay and all sangguniang kabataan officials remain in office unless sooner removed or suspended for cause until their successors are elected and qualified (Section 5 (as amended)).
Section 3 provides an exception for officials who are ex officio members of the sangguniang bayan, sangguniang panlungsod, or sangguniang panlalawigan: they continue to serve as such members in the concerned sanggunian until the next barangay election (Section 5 (as amended)).
Section 3 commands that Liga ng mga Barangay at the municipal, city, and provincial levels shall 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 (Section 5 (as amended)).

Section 4 provides that the amount necessary for implementing Republic Act No. 9340 is taken from the appropriation of the Commission on Elections (COMELEC) under the General Appropriations Act and/or supplementary appropriations thereafter (Section 8 (as amended)).
Section 4 authorizes that savings of COMELEC not exceeding Three hundred million pesos (P300,000,000.00) shall be used to augment those appropriations as authorized under COMELEC Special Provision No. 2 of Republic Act No. 9162 (Section 8 (as amended)).
Section 4 allows the fund to be augmented by an additional amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532(c) of Republic Act No. 7160 (Section 8 (as amended)).

Section 5 requires that COMELEC shall promulgate such rules and regulations necessary to implement Republic Act No. 9340.

Section 6 repeals or modifies inconsistent laws, decrees, executive orders, rules, and regulations, or parts thereof, that conflict with Republic Act No. 9340 (Repealing Clause, Section 6).
Section 7 establishes separability: if any section or provision is held unconstitutional or invalid, the other sections or provisions remain in full force and effect (Separability Clause, Section 7).
Section 8 sets the effectivity date as fifteen (15) days after complete publication in at least two (2) national newspaper of general circulation (Effectivity Clause, Section 8).