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Republic Acts

AN ACT AMENDING REPUBLIC ACT NO 9164

Republic Act No. 9340

Republic of the Philippines
Congress of the Philippines

Metro Manila

Thirteenth Congress
Second Regular Session


Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five.

Republic Act No. 9340

AN ACT AMENDING REPUBLIC ACT NO. 9164, RESETTING THE BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 1 of Republic Act No. 9164 is hereby amended to read as follows:

"SECTION 1. Date of Election. - There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October 2007 and every three (3) years thereafter."

SEC. 2. Section 4 of Republic Act No. 9164 is hereby amended to read as follows:

"SEC. 4. Assumption of Office. - The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August...

Summary of Republic Act No. 9340

Resetting the Barangay and Sangguniang Kabataan Elections

- Date of Election (Section 1)
    - Synchronized barangay and sangguniang kabataan elections shall be held on July 15, 2002.
    - Subsequent synchronized elections shall be held on the last Monday of October 2007 and every three (3) years thereafter.

- Assumption of Office (Section 2)
    - The term of office of the barangay and sangguniang kabataan officials elected in 2002 shall commence on August 15, 2002.
    - The term of office of officials elected in October 2007 and subsequent elections shall commence at noon of November 30 next following their election.

- Hold Over (Section 3)
    - All incumbent barangay and sangguniang kabataan officials shall remain in office until their successors are elected and qualified, unless sooner removed or suspended for cause.
    - Barangay and sangguniang kabataan officials who are ex officio members of the sangguniang bayan, sangguniang panlungsod or sangguniang panlalawigan shall continue to serve as such members until the next barangay election.
    - The Liga ng mga Barangay shall conduct elections for ex officio positions in the sanggunians within thirty (30) days after the next barangay election, under the supervision of the Department of the Interior and Local Government.

- Appropriations (Section 4)
    - The amount necessary for implementation shall be taken from the appropriation of the Commission on Elections (COMELEC) under the General Appropriations Act and/or supplementary appropriations.
    - The savings of the COMELEC not exceeding Three hundred million pesos (P300,000,000.00) shall be used to augment said appropriations.
    - The funds may be augmented by an amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532(c) of Republic Act No. 7160.

- Implementing Rules and Regulations (Section 5)
    - The COMELEC shall promulgate rules and regulations necessary to implement this Act.

- Repealing Clause (Section 6)
    - All laws, decrees, executive orders, and rules and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

- Separability Clause (Section 7)
    - If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected and shall remain in full force and effect.

- Effectivity Clause (Section 8)
    - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

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