Title
Postponement of 2017 Barangay Elections
Law
Republic Act No. 10952
Decision Date
Oct 2, 2017
Republic Act No. 10952 postpones the October 2017 Barangay and Sangguniang Kabataan elections in the Philippines to May 2018, amends the term of office for elected officials, prohibits construction and hiring before the election, and provides guidelines for the use of appropriations and the Sangguniang Kabataan Fund, with implementation by the Commission on Elections.

Law Summary

Commencement of Term of Office for Elected Officials

  • The term for barangay and SK officials commences at noon on June 30 following election.
  • This provision is applied starting with officials elected in May 2020 and continued thereafter.

Holdover of Incumbent Officials

  • Current barangay officials remain in office until successors are qualified unless removed or suspended for cause.
  • Incumbent barangay officials who serve as ex officio members of local sanggunian continue until next barangay election.
  • The Liga ng mga Barangay must conduct elections for ex officio positions by July 31, 2018.

Prohibition on Barangay-funded Construction Activities Pre-election

  • Construction and maintenance of barangay-funded roads and bridges prohibited for 10 days immediately before the election.
  • This supersedes conflicting provisions in the Omnibus Election Code.

Prohibition on Appointments and Benefits Pre-election

  • No appointment or hiring of government officials and employees allowed for 10 days before the election.
  • Creation of new positions, promotions, salary increases, or granting additional remuneration or privileges prohibited.
  • These provisions override conflicting sections of the Omnibus Election Code.

Appropriations for Election Conduct

  • The amount of Php 6,090,324,325.16 designated as continuing appropriations to fund barangay and SK registration and elections in May 2018.
  • Funds are to be exclusively used for election-related activities.

Use of Sangguniang Kabataan Fund During Vacancy

  • Until new SK officials assume office, the SK funds may only be used for youth development and empowerment programs.
  • Usage governed by Republic Act No. 10742 (SK Reform Act of 2015).

Rulemaking and Implementation

  • The Commission on Elections (COMELEC) tasked to promulgate rules within 15 days of the law's effectivity to implement the Act.

Repealing Clause

  • All laws, orders, and regulations contrary or inconsistent with this Act are repealed, amended, or modified accordingly.

Separability Clause

  • If any provision is declared unconstitutional, the rest of the law remains effective.

Effectivity

  • The Act becomes effective immediately after publication in the Official Gazette or two newspapers of general circulation.

This Act was approved on October 2, 2017, amending previous laws concerning barangay and SK elections, aiming to synchronize election schedules, clarify terms of office, regulate activities close to elections, and secure appropriate funding and procedural guidelines.


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