Postponing barangay, SK polls is illegal, says lawyer

Atty. Romulo Macalintal. INQUIRER FILE PHOTO

MANILA, Philippines—Postponing the scheduled October 28 barangay and Sangguniang Kabataan (SK) elections and thereby extending the term of office of incumbent officials are illegal and impractical, an election lawyer said Wednesday.

“Congress has no power under the Constitution to postpone an election nor to extend the term of office of the barangay officials,” Romulo Macalintal said.

“The Constitution authorizes Congress to fix their term of office only; but there is no provision authorizing it to postpone their election and extend their term of office which had already been fixed by laws which Congress had already previously enacted,” he said.

Earlier, Commission on Elections (Comelec) chairman Sixto Brillantes said he would not oppose any move to postpone the polls. He said the poll body needs time to resolve issues stemming from last week’s elections.

Last December, the Senate committee on local government already approved a bill extending the term of barangay and SK officials from three to five years.

But Macalintal said that while Congress may amend laws “such amendment must harmonize with the provision of the Constitution. Any deviation from such provision will make such amendment unconstitutional.”

Citing a 1997 Supreme Court ruling where a barangay official sought for an extension of their term, Macalintal, quoting the high court said, “An extension will result to an unlawful governance as the same is already without the mandate and voluntary consent of the electorate.”