Bills setting terms for barangay, SK officials ‘deceptive’ – lawyer

Election lawyer Romulo Macalintal

MANILA, Philippines — Bills seeking to set terms for barangay and Sangguniang Kabataan (Youth Council or SK) officials are “deceptive” as these are masking an “unconstitutional” postponement of the barangay and SK elections (BSKE), according to veteran election lawyer Romulo Macalintal.

The comment came after the House approved a bill last Monday seeking to set the terms of barangay and SK officials for six years.

READ: House bill seeks 6-year term for barangay, SK officials

“It is a postponement of the BSKE and extension of terms disguised as setting the terms of [barangay and SK] officials. The deception is very clear in that it does not mention what happens to the scheduled December 2025 BSK elections,” Macalintal said in a statement on Friday.

The last BSKE was held in October 2023, after it was postponed from its original December 2022 schedule.

House Bill No. 11287 seeks to set the next BSKE in May 2029 and every six years thereafter. It also provides that officials elected in the October 2023 polls will remain in their posts until their successors are elected unless they are sooner removed or suspended.

READ: SC declares law postponing Brgy, SK polls unconstitutional

However, Macalintal cited as Supreme Court decision declaring the postponement of 2022 BSKE unconstitutional.

“The holdover provision for incumbent BSK officials constitutes legislative appointments of these BSK officials in violation of the Constitution’s rule that they should be elected. In a word, they don’t have the mandate of the people,” he argued.

According to the June 2023 SC ruling, succeeding BSKE shall be held on the first Monday of December 2025 and every three years thereafter, pursuant to Republic Act No. 11462.

“Also, the reasons given by the House do not involve government interest nor benefits of the people. It violates people’s rights to choose their leaders by election,” Macalintal said.

Sponsors of the bill argued that a six-year term would allow barangay and SK officials to implement long-term programs and be professionalized in their positions.

But Macalintal said “It is high time that we, the people, should rally against this clear intention of our legislators to deceive us. I call upon PBBM (President Bongbong Marcos) to reject this bill if it is sent to him by Congress.”

READ: Bill giving 4-year term to brgy, SK execs unconstitutional – Macalintal

A similar bill was filed in the Senate, seeking to give barangay and SK officials a four-year term. Macalintal likewise called the proposed law unconstitutional.