The postponement of the barangay and Sangguniang Kabataan

To postpone the scheduled 2016 barangay election, will not cause an extension of the ‘term’ of office of the barangay officials elected in 2013, but an extension of their tenure of office or the actual period of their stay in the office. And Congress has no power to extend the tenure of office of these officials since it had already fixed their term of office for three years.

1987 Constitution only empowers Congress to fix or determine the “term of office” of these barangay officials, but NOT their “tenure of office.”

The Senate and the House of Representatives approved on 3rd and final reading their respective bills seeking the postponement of the barangay and Sangguniang Kabataan (SK) elections to next year.

Voting 20-2, the Senate on Tuesday, September 13, approved Senate Bill 1112, which aims to move the two polls from October 31 this year to the 4th Monday of October in 2017.

For sure, when the barangay election law was deliberated upon by Congress, it consulted the Comelec as to the scheduled barangay elections and they were fully aware of the proximity in time of said elections to a regular national election. And yet, they agreed to these dates and the law was passed accordingly!

The terms of incumbent barangay and SK officials would be extended for a year “unless they are removed or suspended from office.”

Only Minority Leader Ralph Recto and minority Senator Antonio Trillanes IV opposed the bill.

“ELECTION FEVER” cannot be raised as a valid ground for the postponement of the process considering that barangay and Sangguniang Kabataan (SK) elections were also conducted in 2007, 2010 and 2013 without the Comelec asking for postponement.

The House voted 218-4 to approve House Bill 3504.

Senator Juan Edgardo Angara, chairman of the local government committee, said the postponement would allow more time for the full implementation of the recently enacted SK Reform Act or Republic Act 10742 and for the Commission on Elections to ensure higher voter turnout.

“Inuulit ko po, hindi natin isinasantabi ang karapatang bumoto ng bawat botante. Pansamantala lamang namin itong ipagpapaliban para mas maisayos at gawing mas makabuluhan ang eleksyon sa bansa,” Angara earlier said in his sponsorship speech.

“Makakatipid daw? Pero paano? (They say we can save? But how?) The math here is that by putting off the elections for a year, we are only putting aside funds budgeted for the elections for a year. We can only save money if we are permanently cancelling the polls. But we are only postponing it,” Recto said.

He explained: “In budget-speak, savings accrue from a terminated project, not from a deferred one. So instead of spending at least P7 billion if we will hold the elections this year, we will only delay spending it by a year, so in the end, we will still have to spend that P7 billion.”

He also criticized the government’s reasoning that the election bans would only hamper the administration’s anti-illegal drugs efforts.

The postponement, Recto claimed, would allow more corrupt barangay officials to stay longer in power and “rob” residents of the chance to remove their leaders who participate in crimes.

“Those who are barangay captains and drug captains at the same time will have a one year free pass, not courtesy of the people but of their fellow politicians,” Recto said in his speech.

“Don’t get me wrong. Mas maraming barangay leaders pa rin ang matitino. Di hamak na mas marami ang nagseserbisyo, mas marami ang nagsasakripisyo, mas marami ang naglilingkod nang todo-todo. Pero marami ring dapat nang palitan,” Recto said.

But If our barangay officials want to continue serving, they must get a new mandate in the elections scheduled on October 31. Otherwise, their extension will result to unlawful governance as the same is clearly without the mandate and voluntary consent of the electorate.

The Sangguniang Kabataan (Sk)

The Sangguniang Kabataan or SK (Youth Council) is the governing body in every chapter of the Katipunan ng Kabataan (Youth Federation). Each barangay in the Philippines is mandated by law to have its own chapter of the Katipunan ng Kabataan in which the members elect their officers called as the Sangguniang Kabataan. The Sangguniang Kabataan is an off-shoot of the KB or the Kabataang Barangay (Village Youth) which was abolished when the Local Government Code of 1991 was enacted.

The Sangguniang Kabataan is the youth legislature in every local village or community. It also initiates policies, programs and projects for the development of youth in their respective political territories. The Chairman of the Sangguniang Kabataan acts as the Chief Executive of the Sanggunian (Council) while the Kagawad (Councilor) as the legislative council. The Kagawads approve resolutions of the Sanggunian and appropriates the money allotted to the council, a share in the revenue of the Barangay.

The Chairman automatically sits in the Sanggunian Barangay (Village Council) as ex-officio member. He automatically gets chairmanship of the Committee on Youth and Sports, one of the standing committees in the village council. Every Sangguniang Kabataan is then federated into municipal and city federations, then city and municipal federations are federated into a provincial federation.

The barangay SK Chairman represents the barangay in the municipal or city federation. The presidents of the city and municipal federation presidents becomes member of the provincial federation and the provincial federation president becomes member of the national federation. The presidents of highly urbanized and independent component cities completes the membership in the national federation. The entire membership in the Federation elect the national federation president who automatically sits in the National Youth Commission as ex-officio member.

The national federation is governed by the National Executive Board while the municipal, city to provincial federation is governed by the Local Executive Committee composed mostly of the seven regularly elected officers of the federation.

Since 1992 up to the present, there have been three simultaneous nationwide SK elections held in the Philippines which each term lasting from a minimum of three to five years due to amendment of the regular 3-year term limit of the council. After every poll, election of federation officers follows. The elected presidents in the municipal and city federations sit as ex-officio member in the municipal or city council respectively while the provincial president represent the youth in the provincial board. All of these ex-officio members automatically chair the council's committee on youth and sports development.

What is Barangay?

The barangay is the basic political unit in the Philippines. It serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.

A barangay may be created out of a contiguous territory which has a population of at least 2,000, except in cities and municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities where such territory shall have a certified population of at least 5,000. To enhance the delivery of basic services in the indigenous cultural communities, Congress may create a barangay in these communities.

Every barangay has a punong barangay, seven Sangguniang Barangay members, the Sangguniang Kabataan chairperson, a barangay secretary, and a barangay treasurer.

The Sangguniang Barangay, the legislative body of the barangay, is composed of the punong barangay as presiding officer, and the seven regular Sangguniang Barangay members elected at large and Sangguniang Kabataan chairperson as members.

A barangay also has a Lupong Tagapamayapa, which consists of 10 to 20 members and exercises administrative supervision over conciliation panels to effect speedy resolution of disputes.

Who may be elected punong barangay or member of the sangguniang barangay?

• A citizen of the Philippines
• At least 18 years old on election day
• A registered voter and a resident for at least one year immediately before election in the barangay where he or she is running
• Able to read and write Filipino or any other local language or dialect

What happens if a permanent vacancy occurs in the office of the punong barangay?

• The highest ranking sangguniang barangay member or, in case of his or her permanent inability, becomes the punong barangay.
• A tie between or among the highest ranking sanggunian members will be resolved by the drawing of lots.
• The successor will serve the unexpired term of his or her predecessor.

What a punong barangay can do

• Enforce all laws and ordinances applicable within the barangay
• Negotiate, enter into, and sign contracts for and in behalf of the Barangay, upon authorization of the Sangguniang Barangay
• Maintain public order in the barangay and assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions
• Call and preside over the sessions of the Sangguniang Barangay and the Barangay assembly, and vote only to break a tie
• Upon approval by a majority of all the members of the Sangguniang Barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials
• Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the Barangay
• In coordination with the Barangay development council, prepare the annual executive and supplemental budgets of the barangay
• Approve vouchers relating to the disbursement of barangay funds
• Enforce laws and regulations relating to pollution control and protection of the environment
• Administer the operation of the Katarungang Pambarangay
• Exercise general supervision over the activities of the Sangguniang Kabataan
• Ensure the delivery of basic services
• Conduct an annual palarong barangay which will feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education
• Promote the general welfare of the barangay
• Possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations

What the Sangguniang Barangay can do

• Enact ordinances necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of inhabitants
• Enact tax and revenue ordinances, subject to the limitations imposed in the Local Government Code
• Enact annual and supplemental budgets
• Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose
• Submit to the Sangguniang Panlungsod or Sangguniang Bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of its inhabitants
• Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of residents
• Regulate the use of multipurpose halls, multipurpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for their use
• Solicit or accept monies, materials, and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers, and merchants in the Barangay, provided that monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust fund
• Provide compensation, reasonable allowances, or per diems as well as travel expenses for Sangguniang Barangay members and other Barangay officials, subject to budgetary and other limitations
• Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency, but not within a period of 60 days immediately preceding and after a national or local election, recall, referendum, or plebiscite
• Authorize the punong barangay to enter into contracts on behalf of the barangay
• Authorize the barangay treasurer to make direct purchases in an amount not exceeding P1,000 at any one time for the ordinary and essential administrative needs of the barangay
• Prescribe fines in amounts not exceeding P1,000 for violation of barangay ordinances

What disputes can be brought to the Lupong Tagapamayapa for amicable settlement?
The Lupong Tagapamayapa of each barangay has authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except:

• Where one party is the government, or any subdivision or instrumentality thereof
• Where one party is a public officer or employee, and the dispute relates to the performance of his official functions
• Offenses punishable by imprisonment exceeding one year or a fine exceeding P5,000
• Offenses where there is no private offended party
• Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
• Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon

Sangguniang Kabataan
The Sangguniang Kabataan is composed of a chairperson, seven members, a secretary, and a treasurer.

Who may be elected to the Sangguniang Kabataan?

• A citizen of the Philippines
• At least 15 years but not more than 21 years of age on election day
• A qualified voter of the katipunan ng kabataan (The katipunan ng kabataan is composed of all citizens of the Philippines actually residing in a barangay for at least six months, who are 15 but not more than 21 years of age, and who are duly registered in the list of the Sangguniang Kabataan or in the official barangay list in the custody of the barangay secretary)
• A resident of the barangay for at least one year immediately before election
• " Able to read and write Filipino, English, or the local dialect

What happens if a permanent vacancy occurs in the Sangguniang Kabataan?

• A Sangguniang Kabataan official who, during his or her term of office, passes the age of 21 years is allowed to serve the remaining portion of the term for which he or she was elected.
• In case a Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, is convicted of a felony, voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three consecutive months, the Sangguniang Kabataan member who obtained the next highest number of votes in the election immediately preceding will assume the office of the chairperson for the unexpired portion of the term. Where two or more Sangguniang Kabataan members obtained the same next highest number of votes, the other Sangguniang Kabataan members will conduct an election to choose the successor to the chairperson from among the said members.
• After the vacancy has been filled, the Sangguniang Kabataan chairperson will call a special election to complete the membership of said sanggunian. Such Sangguniang Kabataan member will hold office for the unexpired portion of the term of the vacant seat.

What the Sangguniang Kabataan can do

• Promulgate resolutions necessary to carry out the objectives of the youth in the barangay
• Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the members
• Hold fund-raising activities, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the Sangguniang Kabataan
• Create such bodies or committees as it may deem necessary to effectively carry out its programs and activities
• Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation
• Coordinate with the appropriate national agency for the implementation of youth development projects and programs at the national level