Title
Supreme Court
Synchronized Barangay and SK Elections Act
Law
Republic Act No. 9164
Decision Date
Mar 19, 2002
A Philippine law governing the synchronized barangay and SK elections, establishing the date of election, term of office, registration process, and qualifications for officials, with the COMELEC responsible for implementing rules and regulations.

Law Summary

Term of Office and Term Limits

  • Officials serve a three-year term.
  • No official may serve more than three consecutive terms in the same position.
  • The term limit is counted starting from the 1994 barangay elections.
  • Voluntary resignation does not interrupt the continuity of service for term limit purposes.

Voter Registration

  • A special voter registration for SK elections is mandated by the Commission on Elections (COMELEC) for the 2002 elections.
  • Future registrations follow guidelines under Republic Act No. 8189.

Commencement of Term

  • Officials elected in 2002 assume office on August 15, 2002.
  • In subsequent elections, officials begin their term at noon on November 30 following the election.

Holdover Provision

  • Incumbent officials remain in office until successors are elected and qualified unless removed or suspended for cause.
  • Provisions of the Omnibus Election Code on election failures and special elections are reiterated.

Definition of Katipunan ng Kabataan

  • Composed of Filipino citizens residing in the barangay for at least six months.
  • Members must be 15 to less than 18 years old on election day.
  • Must be duly registered in the SK list or barangay list held by the barangay secretary.

Qualifications for Sangguniang Kabataan Officials

  • Must be a Filipino citizen and qualified voter of the Katipunan ng Kabataan.
  • Resident of the barangay for at least one year immediately preceding election.
  • Age 15 to less than 18 on election day.
  • Able to read and write in Filipino, English, or the local dialect.
  • Must not have been convicted of any crime involving moral turpitude.

Appropriations and Funding

  • One billion one hundred million pesos (P1.1 billion) appropriated for conducting these elections from the COMELEC budget.
  • Additional COMELEC savings up to P300 million may be used.
  • Funds may be further augmented by up to 10% of SK reserved funds under Section 532(c) of RA 7160.

Applicability of Election Laws

  • The Omnibus Election Code and other election laws apply to barangay and SK elections as far as practicable.

Implementing Rules and Regulations

  • COMELEC is responsible for promulgating rules and regulations necessary for the Act's implementation.

Separability Clause

  • If any part of the Act is declared unconstitutional, unaffected provisions continue to be in force.

Repealing Clause

  • Any laws, orders, or regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity

  • The Act takes effect seven days after complete publication in two newspapers of general circulation.

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