NAMFREL urges Comelec to set date for brgy and SK polls, opposes postponement anew

The National Citizens' Movement for Free Elections (NAMFREL) on Monday urged the Commission on Elections (Comelec) to set a date on the conduct of the next barangay and Sangguniang Kabataan elections (BSKE) as they reiterated their opposition to its postponement.

In a statement, NAMFREL cited Paragraph (3), Section 2, Article IX-C of the 1987 Constitution, which gives Comelec the authority to “[d]ecide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.”

"The phrase 'all questions affecting elections' is broad enough to include setting the date of the BSKE. After all, the COMELEC is an independent Constitutional Commission, under Article IX, Section 1 of the Constitution," NAMFREL said.

The poll watchdog also cited Article X, Section 8 of the Constitution which grants Congress the authority to determine by law the term of office of barangay officials: “The term of office of elective local officials, except barangay officials, which shall be determined by law.”

"Only the term of office is expressly stated as that which should be determined by law, not the decision when to hold the elections for barangay and SK officials," the group explained.

In the same statement, NAMFREL refuted the arguments raised during the last hearing of the House of Representatives' Committee on Suffrage and Electoral Reforms that recently voted in favor of the measure seeking the postponement of the December 5,2022 BSKE.

According to the election watchdog, the funds appropriated for the conduct of the 2022 BSKE could not be be used as savings for the government's economic recovery and COVID-19 response, saying the Constitution prohibits the transfer of funds for other purposes.

NAMFREL cited Article VI, Section 25 of the Constitution which states, "No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations."

"The Constitution is clear. No law shall be passed authorizing any transfer of appropriations. As regards the use of savings, the head of COMELEC, the Chair, is the one authorized to augment any item for the Commission from savings in other items," the group said.

During the House hearing, the Comelec told the panel that postponing the December 2022 BSKE for at least a year will entail an additional cost of P5 billion.

NAMFREL likewise countered the argument of stability and continuity offered by the incumbent barangay and SK leaders, explaining that stability and continuity has "no worth" if not backed by a renewed mandate from the people.

"After the last four years, incumbents have shown whether they could be trusted in carrying out their programs and projects. Let the people decide now if they have earned that trust and so deserve to continue," NAMFREL said.

The group also refuted the argument that the electorate has to recover from the "divisiveness" of the May 9, 2022 presidential elections, arguing that every election is "inherently divisive" as candidates campaign focused on why they should lead their communities.

"Even if the BSKE is postponed to May 2023, December 2023, or even to 2024, it will still be divisive," NAMFREL said.

NAMFREL further stated that training for elected local leaders will not delay the delivery of basic services as this is only applicable to newly-elected barangay and SK leaders. It added that reelected incumbent officials already have the knowledge and experience to carry out the duties of their position.

"Given these points, NAMFREL once again calls for the holding of the BSKE on 5 December 2022. The voice of the people should always be heard, never deferred," the statement read.

GMA News Online sought Comelec Chairman George Garcia and Comelec Spokesperson Rex Laudiangco's comment on NAMFREL's statement but they have yet to respond as of posting time. —Hana Bordey/KBK, GMA News