An Act Postponing the 2017 Barangay and Sangguniang Kabataan Elections

Case Overview and Summary

Summary of Republic Act No. 10952

Postponement of Barangay and Sangguniang Kabataan Elections
- The barangay and sangguniang kabataan elections scheduled for October 23, 2017, shall be postponed to the second Monday of May 2018. (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)

Term 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
- Until their successors shall have been duly elected and qualified, all incumbent barangay officials shall remain in office, unless sooner removed or suspended for cause. (Section 3)
- Barangay officials who are ex officio members of the sangguniang bayan, sangguniang panlungsod, or sangguniang panlalawigan shall continue to serve as such members in the sanggunian concerned until the next barangay election. (Section 3)
- The Liga ng mga Barangay at the municipal, city, and provincial levels shall conduct elections for ex officio positions in the sanggunians under the supervision of the Department of the Interior and Local Government not later than July 31, 2018. (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
- 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)

Appropriations for Elections
- The amount of Six billion ninety million three hundred twenty-four thousand three hundred twenty-five pesos and sixteen centavos (P6,090,324,325.16) shall be considered as continuing appropriations and shall be used exclusively for the conduct of the barangay and sangguniang kabataan registration and elections in May 2018. (Section 6)

Sangguniang Kabataan Fund
- Until the new sangguniang kabataan officials shall have been duly elected and qualified, the sangguniang barangay shall not use the sangguniang kabataan fund except for youth development and empowerment programs as provided in Republic Act No. 10742, otherwise known as the "Sangguniang Kabataan Reform Act of 2015." (Section 7)

Implementing Rules and Regulations
- The Commission on Elections shall promulgate such rules and regulations necessary to implement this Act within fifteen (15) days after the effectivity of this Act. (Section 8)

Repealing Clause
- All other laws, acts, presidential decrees, executive orders, issuances, presidential proclamations, rules and regulations or parts thereof, which are contrary to and inconsistent with any provision of this Act are hereby repealed, amended, or modified accordingly. (Section 9)

Separability Clause
- If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect. (Section 10)

Effectivity
- This Act shall take effect immediately following the completion of its publication either in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. (Section 11)