MANILA – The Commission on Elections (Comelec) on Tuesday said it plans to file a motion for reconsideration (MR) to reschedule the holding of the 2025 Barangay and Sangguniang Kabataan Elections (BSKE) to 2026, following the ruling of the Supreme Court (SC).
In a Viber message, Comelec chairperson George Erwin Garcia said they shall file the appeal once the Office of the Solicitor General (OSG) received the full decision of the SC.
“The Commission will respectfully urge the Supreme Court to reconsider and extend the application of the operative fact doctrine to declare that the next barangay elections should be three years from October 30, 2023, instead of December 5, 2022, considering that the intent of R.A. No. 11462 (An Act Postponing the May 2020 Barangay and Sangguniang Kabataan Elections) is to space the elections to every three (3) years and to set the term of barangay and SK officials to three years,” Garcia told reporters.
He said the SC decision would result in two nationwide polls within the said year, including the National and Local Elections (NLE) and the supposed BSKE.
Garcia earlier cited some challenges in preparation for two polls in 2025, given Comelec’s target for automation and the timeliness of preparatory budget approval.
The Comelec’s planned MR was prompted by the SC ruling declaring the unconstitutionality of the law which allowed the postponement of BSKE from Dec. 5, 2022 to October 2023.
Although, it has supported to push through this year’s BSKE for practicality and necessity, the SC still ruled to hold all other succeeding BSKE every three years following the supposed 2025 BSKE.
Garcia argued how the SK officials that are yet to be elected this year will have a shorter term of office under such ruling.
“The implementation of R.A. No. 11935 (An Act postponing the December 2022 Barangay and Sangguniang Kabataan Elections) prior to its declaration of unconstitutionality and the subsequent reversal to the periods set in Republic Act No. 11462, will cause the unintended effect of shortening the term of the Barangay and Sangguniang Kabataan (SK) officials to merely two years,” Garcia mentioned.
He, meanwhile, clarified that the planned MR shall not include discussions on the unconstitutionality of the law postponing the BSKE 2022.
“The motion for reconsideration will not assail or discuss the Supreme Court’s determination declaring Republic Act No. 11935 as unconstitutional,” Garcia said.
Likewise, the Comelec will not include the outline criteria for subsequent electoral postponements discussed by the SC. (PNA)
