Postponement of 2017 Barangay Elections

Section 1 amends Section 1 of Republic Act No. 9164 to govern synchronized barangay and sangguniang kabataan elections.
Elections shall be synchronized and shall be held on the last Monday of October 2007 and every three (3) years thereafter, starting from that schedule (Section 1).
The elections originally set for October 23, 2017 shall be postponed to the second Monday of May 2018 (Section 1).
Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the second Monday of May 2020 and every three (3) years thereafter (Section 1).

Section 2 amends Section 4 of Republic Act No. 9164 on the assumption of office of barangay and sangguniang kabataan officials.
The term of office of barangay and sangguniang kabataan officials elected under the Act shall commence at noon of June 30 next following their election (Section 4, as amended by Section 2).
For the barangay and sangguniang kabataan officials elected in the May 2020 elections and subsequently thereafter, their terms shall likewise commence at noon of June 30 next following their election (Section 4, as amended by Section 2).

Section 3 provides that until successors are duly elected and qualified, all incumbent barangay officials remain in office, unless sooner removed or suspended for cause (Section 3).
Barangay officials who are ex officio members of the sangguniang bayan, sangguniang panlungsod, or sangguniang panlalawigan shall continue serving as such members in the concerned sanggunian until the next barangay election (Section 3).
The Liga ng mga Barangay at the municipal/city and provincial levels shall conduct elections for ex officio positions in the sanggunians not later than July 31, 2018, under the supervision of the Department of the Interior and Local Government (Section 3).

Section 4 imposes a ban on the construction or maintenance of barangay-funded roads and bridges for ten (10) days immediately preceding election day, notwithstanding Section 261, paragraphs (v) and (w) of the Omnibus Election Code (Section 4).
Section 5 prohibits, for ten (10) days immediately preceding election day, the appointment or hiring of new employees, the creation of new positions, promotion, or the giving of salary increases, remuneration, or privileges in the barangay, notwithstanding Section 261, paragraph (g) of the Omnibus Election Code (Section 5).

Section 6(a) directs that PHP 6,090,324,325.16 shall be considered as continuing appropriations.
The continuing appropriations of PHP 6,090,324,325.16 shall be used exclusively for the conduct of barangay and sangguniang kabataan registration and elections in May 2018 (Section 6(a)).

Section 7 provides that until the new sangguniang kabataan officials are duly elected and qualified, the sangguniang barangay shall not use the sangguniang kabataan fund.
The only allowed use during the transition is for youth development and empowerment programs as provided in Republic Act No. 10742, known as the “Sangguniang-Kabataan Reform Act of 2015” (Section 7).

Section 8 requires the Commission on Elections to promulgate rules and regulations necessary to implement the Act.
The Commission on Elections must promulgate the implementing rules within fifteen (15) days after the effectivity of this Act (Section 8).

Section 9 repeals, amends, or modifies all laws, acts, presidential decrees, executive orders, issuances, presidential proclamations, rules and regulations, or parts thereof, that are contrary to or inconsistent with any provision of Republic Act No. 10952 (Section 9).
Section 10 provides a separability rule: if any portion or provision of the Act is declared unconstitutional, the remainder of the Act—or provisions not affected—remain in force and effect (Section 10).