SC approves amended rules of procedure for BSKE

FILE PHOTO: The Supreme Court logo. (INQUIRER/LYN RILLON)

MANILA, Philippines –The Supreme Court (SC) has approved the revised rules for the Barangay and Sangguniang Kabataan elections (BSKE) to address changes in the procedural regulations.

These revised rules, according to the SC, aim to achieve a swift, cost-effective, and fair resolution of such cases. They also modernize the current rules governing election disputes in lower courts.

During Tuesday’s regular session, the Court en banc promulgated the revisions.  The amended rules, which will be applied prospectively, incorporate some of the provisions of the 2019 Amendments to the Rules of Civil Procedure.

Some of the incorporated provisions from the 2019 amendments to the Rules of Civil Procedure are the provisions on the service and filing of pleadings and the judicial affidavit rule, as well as provisions applicable to automated elections following the  Commission on Elections’ adoption of pilot automated election system in the three barangays – one in Quezon  City and two in Cavite — in the upcoming elections.

The briefer provided by SC’s Public Information Office said the 2023 amended rules “provides for an initial recount of ballots of the pilot tested clustered precincts or mono precincts, as the case may be.”

“This initial recount is intended to determine whether the protest is meritorious upon showing by the protestant of at least 20 percent substantial recovery from the overall vote lead of the protestee,” the SC said.

The amended rules will take effect 15 days after publication, once in a newspaper of general circulation or in the Supreme Court official website.

Earlier, the SC declared as unconstitutional the law postponing Barangay and Sangguniang Kabataan elections from its initial schedule of Dec. 5, 2022, to the last Monday of October 2023.

However, it recognized the legal practicality and necessity to proceed with the elections on the last Monday of October this year.

In its ruling, the SC declared that the free and meaningful exercise of the right to vote, as protected and guaranteed by the Constitution, requires the holding of “genuine periodic elections,” which must be held at intervals not unduly long, and that the Commission on Elections does not have the power to postpone elections on a nationwide basis.

“This power lies with the Congress pursuant to its plenary power to legislate and its power to fix the term of office of barangay officials under Article X, Section 8 of the Constitution,” it said.

The SC said RA 11935, or the Act Postponing the December 2022 Barangay and Sangguniang Kabataan Elections, “violates the freedom of suffrage as it fails to satisfy the requirements of the substantive aspect of the due process clause of the Constitution.”

“The Court found that there was no legitimate government interest or objective to support the legislative measure and that the law unconstitutionally exceeds the bounds of the Congress’ power to legislate,” the SC said.

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JPV