MANILA, Philippines — Commission on Elections (Comelec) chairman George Erwin Garcia on Tuesday urged the Supreme Court (SC) to settle whether the power to postpone the elections lies with the Congress or the poll body.
“Perhaps, this is high time for the court really, if I may, with all due respect, to settle once and for all whether the power of Congress to extend the term of office of Barangay and SK officials carries with it the power likewise to postpone an election?” Garcia said in a statement.
Garcia added: “Does it rest on the Comelec solely, or can that be done likewise by our Congress?”
Veteran election lawyer Romulo Macalintal filed before the high court a petition to revoke Republic Act 11935 or the law allowing the postponement of the Barangay and Sangguniang Kabataan elections.
Macalintal noted that the Constitution does not empower Congress to defer barangay elections or extend barangay officials’ terms, saying the Comelec has exclusive power to postpone elections.
READ: SC asked to nullify law postponing 2022 Barangay and SK polls
Comelec is waiting for the SC’s judgment on whether the petition will be dismissed or given due process, coupled with a possible interim restraining injunction or status quo ante ruling.
Elections for the village and youth councils, initially slated for December 5 this year, have been moved to the last Monday of October 2023 per a law signed by President Ferdinand Marcos Jr. on October 10.
But Garcia said that “it is not complete if the President will just sign the bill into law.”
“Definitely, a citizen, an interest group, a private individual, or a taxpayer will question the legality or the constitutionality of this law,” he added.
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