AN ACT PROVIDING FOR SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

Case Overview and Summary

Summary of Republic Act No. 9164

Synchronized Barangay and Sangguniang Kabataan Elections
- Synchronized barangay and sangguniang kabataan elections shall be held on July 15, 2002, and subsequently on the last Monday of October every three (3) years thereafter. (Section 1)
- The term of office for barangay and sangguniang kabataan officials shall be three (3) years. (Section 2)
- No barangay elective official shall serve for more than three (3) consecutive terms in the same position, reckoned from the 1994 barangay elections. (Section 2)

Voter Registration and Assumption of Office
- For the July 15, 2002 elections, a special registration of voters for the sangguniang kabataan shall be fixed by the Commission on Elections (COMELEC). (Section 3)
- Subsequent registration of barangay and sangguniang kabataan voters shall be governed by Republic Act No. 8189. (Section 3)
- The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August 15, 2002. (Section 4)
- The term of office of officials elected in subsequent elections shall commence at noon of November 30 next following their election. (Section 4)

Hold Over and Amendments to the Local Government Code
- All incumbent barangay officials and sangguniang kabataan officials shall remain in office until their successors are elected and qualified, unless sooner removed or suspended for cause. (Section 5)
- The provisions of the Omnibus Election Code relative to the failure of elections and special elections are reiterated. (Section 5)
- The definition of the "katipunan ng kabataan" is amended to include Filipino citizens residing in the barangay for at least six (6) months, aged 15 but less than 18 years on the day of the election, and duly registered in the list of the sangguniang kabataan or the official barangay list. (Section 6)
- The qualifications for elective officials of the sangguniang kabataan are amended to include being a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, aged 15 but less than 18 years on the day of the election, able to read and write Filipino, English, or the local dialect, and not convicted of any crime involving moral turpitude. (Section 7)

Appropriation and Implementation
- An amount of one billion one hundred million pesos (P1,100,000,000.00) shall be charged from the appropriation of the COMELEC authorized under Republic Act No. 9162 for the purpose of implementing this Act. (Section 8)
- The savings of the COMELEC not exceeding three hundred million pesos (P300,000,000.00) shall be used to augment the appropriations. (Section 8)
- 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. (Section 8)
- The Omnibus Election Code and other existing election laws shall apply to barangay and sangguniang kabataan elections, as far as practicable. (Section 9)
- The COMELEC shall promulgate rules and regulations necessary to implement this Act. (Section 10)

Other Provisions
- If any provision of this Act is declared unconstitutional or invalid, the remaining sections or parts not affected shall remain in full force and effect. (Section 11)
- All decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (Section 12)
- This Act shall take effect seven (7) days after its complete publication in two (2) newspapers of general circulation. (Section 13)