Brgy., SK polls to go on despite being declared unconstitutional – Comelec

Comelec chairperson George Garcia. (INQUIRER file photo / NIÑO JESUS ORBETA)

MANILA, Philippines — Commission on Elections (Comelec) on Thursday announced the 2023 village and youth elections on October 30 will push through.

This is even if Supreme Court (SC) had ruled that the electoral exercises are unconstitutional.

“Bagama’t unconstitutional, sabi ng Korte Suprema sa batas na nagpapaliban ng halalan, wala po itong epekto sa ating ginagawang paghahanda para sa October 30,” Comelec chairperson George Garcia said in Laging Handa public briefing.

(Although the Supreme Court said the law postponing the election is unconstitutional, it has no effect in our preparations for October 30.)

“Tuloy na tuloy po ang ating October 30 Barangay and Sangguniang Kabataan election,” he maintained.

(Our October 30 Barangay and Sangguniang Kabataan elections will continue.)

Garcia cited the “operative fact doctrine,” which states the existence of the law or executive act prior to the determination of its unconstitutionality cannot always be erased, ignored or disregarded.

“Ang sabi po kasi ng Korte Suprema, sa panahon bago ideklara na unconstitutional ang batas, maraming pangyayari na hindi pwedeng ipag-balewala, katulad ng paghahanda ng Comelec, paggastos ng public funds, pag-procure ng mga kagamitan na gagamitin sa halalan,” enumerated Garcia.

(Supreme Court said during the period before declaring the law to be unconstitutional, there are many events that cannot be ignored, such as the preparation of Comelec, spending of public funds, procurement of materials to be used in the election.)

“Therefore, under po doon sa tinatawag na operative fact doctrine, lahat po ‘yan ay valid and, therefore, tuloy,” he concluded.

(Therefore, under the so-called operative fact doctrine, all of that are valid and, therefore, continuous.)

Supreme Court on Tuesday declared unconstitutional the law that postponed village and youth elections on December 5, 2022 and reset the exercises to the last Monday of October 2023.

Meanwhile, due to the high court ruling, Garcia said the poll body will conduct two separate elections in 2025.

“Sa part ng Comelec, medyo mas mabigat po iyong gagawin naming paghahanda sapagkat papatak na dalawa ang eleksyon na gagawin sa 2025 – iyong May 2025 national and local elections na automated, and iyong December BSKE (Barangay and Sangguniang Kabataan Elections),” said Garcia.

(On the part of Comelec, the preparations we will make are heavier because there will be two elections that will be held in 2025 – May 2025 national and local elections that will be automated, and December BSKE.)

He added Comelec will now have to procure more budget for the events.

RELATED STORY:

Supreme Court declares law postponing barangay and SK elections unconstitutional

Comelec chair ‘very sure’ of barangay, SK polls in October

APL