SC affirms unconstitutionality of law postponing BSKE to October 2023

The Supreme Court (SC) on Tuesday dismissed the government's plea to reconsider its decision that declared unconstitutional the law that postponed the Barangay and Sangguniang Kabataan elections (BSKE) to October 2023.

According to the Court, the arguments raised in the motion for reconsideration filed by the Office of the Solicitor General (OSG) were reiterations that were already considered in its June decision.

In its motion, the OSG maintained that Republic Act 11935, which moved the BSKE from December 5, 2022, to October 30, 2023, was valid as it complied with the constitutional guarantee of substantive due process. 

The OSG argued that RA 11935 was supported by legitimate government interests, such as the need for more time to to study the proposed reforms to the BSKE.

Further, it said the BSKE’s postponement was necessary to achieve Congress’ vision to reform the system.

However, the Court said that the legislative history of RA 11935 was not supported by a legitimate government interest since the primary reason for the postponement of the 2022 BSKE was to “unconstitutionally” realign the Commission on Elections' budget for the polls to other programs.

“Additionally, RA 11935 did not employ a reasonably necessary means to achieve the government's interest as the postponement of the 2022 BSKE unduly and arbitrarily encroached on the electorate’s exercise of their right to suffrage,” the Court said in a press release.

Meanwhile, the Court said that the tenure of the elected BSKE officials may be shortened or lengthened, but the term of office remains fixed as provided by law.

“The Supreme Court highlighted that it is the ‘tenure’ of the October 2023 winning candidates—and not the ''term'—that is effectively shortened with the revival of RA 11462, the law governing the BSKE at the time of the enactment of RA 11935,” it said.

“Since the term of office of the sitting BSKE officials shall be deemed to have ended on December 31, 2022 (as explained in the decision), the 'term' of office of the October 2023 winning candidates shall be deemed to have begun thereafter pursuant to RA 11462,” it added.

Solicitor General Menardo Guevarra said they would respect the high court's decision.

''We have not received any resolution of our motion for reconsideration, but if the SC has indeed denied it, we shall respect the Court's decision. The action will now shift to the legislature,'' Guevarra said in a message to GMA News Online.

In its June decision, the SC said that while the postponement was unconstitutional, it recognized the legal practicality and necessity of proceeding with the elections on October 30.

The SC also ruled that the 1987 Constitution requires the holding of elections, ''which must be held at intervals that are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors.''

It said that the next BSKE shall be held on the first Monday of December 2025 and every three years thereafter, pursuant to RA 11462.  —VBL, GMA Integrated News