REPUBLIC ACT NO. 10923
AN ACT POSTPONING THE OCTOBER 2016 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9164, AS AMENDED BY REPUBLIC ACT NO. 9340 AND REPUBLIC ACT NO. 10656, PRESCRIBING ADDITIONAL RULES GOVERNING THE CONDUCT OF BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS AND FOR OTHER PURPOSES
SECTION 1. Section 1 of Republic Act No. 9164, as amended by Republic Act No. 9340 and Republic Act No. 10656, is hereby further 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: Provided, That the barangay and sangguniang kabataan elections on October 31, 2016 shall be postponed to the fourth Monday of October 2017. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the second Monday of May 2020 and every three (3) years thereafter."
SECTION 2. Section...
Summary of Republic Act No. 10923
Postponement of Barangay and Sangguniang Kabataan Elections
- Postpones the October 31, 2016 barangay and sangguniang kabataan elections to the fourth Monday of October 2017. (Section 1)
- Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the second Monday of May 2020 and every three (3) years thereafter. (Section 1)
Assumption of Office
- The term of office of the barangay and sangguniang kabataan officials elected in the May 2020 elections and subsequently thereafter shall commence at noon of June 30 next following their election. (Section 2)
Hold Over
- All incumbent barangay officials shall remain in office until their successors are duly elected and qualified, unless sooner removed or suspended for cause. (Section 3)
Ban on Government Projects
- The construction or maintenance of barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election. (Section 4)
Prohibition on Appointments and Salary Increases
- The appointment or hiring of new employees, creation of new position, promotion, or giving of salary increases, remuneration or privileges in the barangay shall be prohibited for a period of ten (10) days immediately preceding the election. (Section 5)
Use of Appropriations
- The appropriations for the Commission on Elections (COMELEC) for the sangguniang kabataan elections, registration, barangay elections, and barangay registration under Republic Act No. 10651 and Republic Act No. 10717 shall be considered as continuing appropriations and shall be used exclusively for the conduct of the barangay and sangguniang kabataan registration and elections. (Section 6)
Use of Sangguniang Kabataan Fund
- Until the new sangguniang kabataan officials are elected and qualified, the sangguniang barangay shall not use the sangguniang kabataan fund except for youth development and empowerment programs. (Section 7)
Implementing Rules and Regulations
- The COMELEC shall promulgate rules and regulations necessary to implement this Act within ninety (90) days after its effectivity. (Section 8)
Separability Clause and Repealing Clause
- If any provision is declared unconstitutional, the remainder shall remain in full force and effect. (Section 9)
- All laws inconsistent with this Act are repealed, amended or modified accordingly. (Section 10)
Effectivity
- This Act shall take effect immediately after its publication in the Official Gazette or in two (2) newspapers of general circulation. (Section 11)
