Ordinary law not enough to give Duterte power to appoint village execs

The Constitution would have to be amended before the President could appoint barangay officials, a seasoned election lawyer said.

President Duterte earlier said he wanted to postpone the barangay elections again and just appoint officers in charge as part of the fight against narcopolitics. He alleged that 40 percent of barangay officials nationwide are on the take from drug traders.

“He cannot make the appointment because under the Constitution, barangay officials are elected officials,” poll lawyer Romulo Macalintal told the Inquirer when sought for comment on Monday.

“If that would be the case then even governors and mayors could be appointed since barangay officials belong to the same category of local elected officials,” he said.

Macalintal said passing an ordinary law would not be enough. “They would have to amend the Constitution to give the President the power to appoint,” he said.

Through Republic Act No. 10923, the barangay and Sangguniang Kabataan elections were reset from Oct. 31, 2016, to Oct. 23 this year. The term of incumbent officials was extended on holdover capacity.

Surigao del Norte Rep. Robert Ace Barbers has filed a bill to delay the barangay elections until 2020 and authorize the President to pick appointees.