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Position Paper

Constitutional Law

Topic: Postponement of Barangay and Sangguniang Kabataan (SK) Election

Barangays are the smallest local government unit in the country with the
supervision of the municipalities or cities within their jurisdiction as prescribed
in our existing laws particularly on R.A. 7160, Article III. Inter-Local
Government Relations Section 32. – The city or municipality, through the city
or municipality mayor concerned, shall exercise general provision over
component barangay to ensure that said barangays act within the scope of their
prescribed powers and functions.

As stated in our existing law the role, responsibility and manner of creation for
the barangay were stated as follows:

“Sec. 384. Role of the Barangay. - As the basic political unit, the
Barangay serves as the primary planning and implementing unit of
government policies, plans, programs, projects, and activities in the
community, and as a forum wherein the collective views of the people
may be expressed, crystallized and considered, and where disputes may
be amicably settled.”

“Sec. 385. Manner of Creation. - A Barangay may be created, divided,


merged, abolished, or its boundary substantially altered, by law or by an
ordinance of the Sangguniang Panlalawigan or Sangguniang
Panlungsod, subject to approval by a majority of the votes cast in a
plebiscite to be conducted by the COMELEC in the local government
unit or units directly affected within such period of time as may be
determined by the law or ordinance creating said Barangay. In the case
of the creation of Barangays by the Sangguniang Panlalawigan, the
recommendation of the Sangguniang Bayan concerned shall be
necessary.”
“Sec. 386. Requisites for Creation. -

a. A Barangay maybe created out of a contiguous territory which has


a population of at least two thousand (2,000) inhabitants as
certified by the National Statistics Office except in cities and
municipalities within Metro Manila and other metropolitan
political subdivisions or in highly urbanized cities where such
territory shall have a certified population of at least five
thousand(5,000) inhabitants: Provided, That the creation thereof
shall not reduce the population of the original Barangay or
Barangays to less than the minimum requirement prescribed
herein.

To enhance the delivery of basic services in the indigenous cultural


communities, Barangays may be created in such communities by
an Act of Congress, notwithstanding the above requirement.

b. The territorial jurisdiction of the new Barangay shall be properly


identified by metes and bounds or by more or less permanent
natural boundaries. The territory need not be contiguous if it
comprises two (2) or more islands.
c. The governor or city mayor may prepare a consolidation plan for
Barangays, based on the criteria prescribed in this Section, within
his territorial jurisdiction. The plan shall be submitted to the
Sangguniang Panlalawigan or Sangguniang Panlungsod
concerned for appropriate action.

In the case of municipalities within the Metropolitan Manila area and


other metropolitan political subdivisions, the Barangay consolidation
plan shall be prepared and approved by the Sangguniang Bayan
concerned.

As such, Barangay elections in the country is considered a local election.


Originally it was scheduled on last Monday of October 2016 and every after
three (3) years thereafter. Upon released of R.A. 10923 also known as “An act
postponing the October 2016 Barangay and Sangguiniang Kabataan (SK)
elections” promulgated on July 15, 2016 under section 1 states that:

“There shall be synchronized barangay and sangguniang kabataan


electins, which shall be held on July 15, 2002. Subsequent synchronized
barangay and sangguniang kabattan elections shall be held on the last
Monday of October 2007 and every three (3) years therafter: Provided,
That the barangay and sangguniang kabataan elections on October 31,
2016 shall be postponed to the fourth Monday of October 2017.
Subsequent synchronized barangay and sangguniang kabataan elections
shall be held on the second Monday of May 2020 and every three (3)
years thereafter.”

On October 18, 2016, or roughly two weeks before the elections, it was
confirmed that President signed into law a bill postponing the October 2016
barangay elections to October 2017. In addition, the subsequent election would
be on the second Monday of May 2020, and every three years thereafter.
Officials who were elected in 2013 shall continue to serve until 2017.

By March 2017, the President expressed that he wanted to postpone the


barangay elections until 2020, and replace the barangay officials whose terms
are expiring, with his own appointees. This allegedly due to prevent drug money
from influencing the result of the elections. His allies in Congress moved to
enact a bill doing such.

In October 2, 2017, the President signed into law a bill postponing again the
2017 barangay and SK election to May 2018.

It was earlier said by some experts that appointing barangay officials is


unconstitutional.

In the constitution, the Philippines is a democratic and republican State.


Sovereignty resides in the people and all government authority emanates from
them. And through suffrage, citizens of the Philippines exercised its rights who
are at least in the age of majority. The main objective of having an organized
governmental units extending to the smallest units is to help the country for its
planning strategies to develop and enhance the countries’ capabilities in
producing desired output that would benefit the citizens resides therein.
Having numerous ideas to think for the betterment of the country signifies the
active participation of the citizens of the country. Through its representatives
like Barangay Captain with the supervision of respected cities and
municipalities is the only way for the country to determine the status of each
area in the country on their involvement pertaining to educational and
economic attributes and development.

Moreover, the derivation of principle of unity and interaction among the citizen
has been given freely to each and every one living in the country to choose
whose they seem to be feet in their group or area to represent them as their
voice to reach the level of the President.

Our right of suffrage was already affected if appointments will be push through.
It will greatly affect the relationship among local residences for the appointment
be considered as a selection of the barangay captain and sangguning kabataan.
The peaceful and harmonious relationship that they had been propagated
within their locality may disturb and will lead to chaos or misunderstanding,
no cooperation among members of the barangay and there would be no
participation, whatever the cities or municipalities want to implement that
seems to be of important into the locality. We cannot deny the fact that their
thinking towards the appointed barangay official may be in good or bad.
Pointing out some views that for the appointment to be fulfil there is a
corresponding list to be submitted to the President for him to choose which
among the list is capable of holding that position and giving the fact who will
be the one to provide such list, if it is from the side of the President then it
would favourably be the one to choose while on the other hand it might not be
considered. From that point, members of the group will start to quibble the
credibility of the appointed barangay official without any reservation. It will
start of a questioning mind that might resulted to unending arguments among
the group. It will also a deterrent to the community once the members will not
cooperate because of their uneasy feelings towards the appointed official. Later
the objective of having a small unit of government in the country will be ignore
and tainted with whatever motive might soon arise in the near future.

In case of doubt regarding the credibility of a certain barangay official or


manner on which these election be conducted despite that the President is
dealing with war on drugs and these election of barangay official my lead to
influencing or tainting the election through drug money, we had still other
recourse on how to deal with the situation. Barangay’s are supervised by our
cities and municipalities in which it was stated in our existing laws and by their
authority let the cities and municipalities evaluate each activity of the barangay
including the officials. In case there are irregularities then impose the law
regulating the situation including penalties if there are. Appointments extend
to those under executive positions and not the local government positions like
the barangay officials because these could only be done through local elections.
Amendments could only be done through the legislative body and ratified
through plebiscite by the citizen of the country.

I would suggest in case that the president will continue to suspend the election
and impose his own position to appoint the barangay official instead, then he
should go for and amendments of our law for the process of electing the
government official not only the barangay but the whole government official to
be fair from all other positions in the government. The president will also
improve the way on assessing each government positions in the whole country
for just to assess if they are still on whatever motive he thinks like a drug related
activity by setting out plans for the period with which they render their services
publicly. He must improve also the transparency between and among
government positions including the citizens of the country in which they had a
locus standi on what happening in the country including the effects and
attributes of such action to be taken into consideration by an independent
report submitted by the evaluator. He must also stressed out the real
responsibility of each government officials in bringing out the objective and
targets of the country.
In a conclusion, instead of appointments that might soon be invoke with the
President’s desire and I think it might happen without any thought and to avoid
some negative circumstances that I previously mentioned in my discussion, we
need still let the citizen delegate the decision on what really they want to lead
them for us reach the real objective of electing a barangay official. And as a law
student by joining our hands through different views may act as one to call for
the implementation of local election and raise the issue not only the effect of
the issue but also the consequences of the situation for the next generation to
come.

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