Macalintal: House bid to delay barangay, SK polls unconstitutional

The Congress’ proposal to delay the barangay and Sanguniang Kabataan (SK) elections is unconstitutional, election lawyer Atty. Romulo Macalintal said.

In a Radyo Inquirer 990 AM report, Macalintal said that the constitution only grants Congress the power to assign the terms of office and determine the duration of tenure of barangay officials.

Macalintal, who represented former President Gloria Macapagal-Arroyo in the past, added that he believes the legislation has done its job through Republic Act 9340, which amends resetting the barangay and Sangguniang Kabataan elections for other purposes.

READ: Alvarez backs postponing barangay, SK polls to avoid election ban

If the elections would be suspended, Macalintal said that it would only lengthen the terms of elected officials in 2013, which is no longer under the Congress’ jurisdiction.

He also echoed former Chief Justice Artemis Panganiban who earlier stressed that barangay officials should only retain their respective posts if given a mandate by voters.  Delaying the voting process would only result into officials with illegal government positions, he said.

The election lawyer, however, has no qualms if the SK elections would be postponed once more since its not covered by the constitution.

Photo from Akbayan Youth Press Release

Youth groups respond

Meanwhile, a group of youth leaders urged senators not to move the upcoming SK elections for a third time.

“A third postponement of the SK polls sends a dangerous message that youth participation is optional. We hope our legislators do not mean to disenfranchise the youth once again and instead heed our call not to delay the SK elections,” Ellah Delerio from the SK Reform Coalition said in a statement.

The youth groups also highlighted that the postponement would mean de facto abolition of the youth institution.

“The SK is effectively abolished, with the SK remaining vacant for at least another year. The youth are once again robbed of their right of suffrage and right to participate in village governance,” Delerio added.

The group also lambasted earlier comments that belittle the youth’s contribution as “useless” to governance at the village level.

“We have many youth leaders who have served their communities well through the SK and such misinformed and irresponsible statements fail to recognize the substantial contribution of the youth in the past,” said Delerio.

In a committee report, the senate committee of local government requested to postpone the SK elections until October 30, 2017. The verdict is expected to be voted upon by the Senate later today. With a report from Ricky Brosas, Radyo Inquirer 990 AM/CDG