EDITORIAL
People’s Choice
Tomorrow’s Barangay and SK Election is the
cornerstone through which barangay and SK officials
secure the people’s consent to exercise the powers of
their respective political units.
The Supreme Court, in the recent case of Makalintal,
Jr. vs. COMELEC, described the right of suffrage as a
treasured right in a republican democratic society: the
right to voice one’s choice in the election of those who
make the laws and those who implement them is
indispensable in a free country that its absence will render
illusory other rights, even the most basic.
It may be recalled that in a span of 21 years since
2002, there were only four elections held. A synchronized
BSKE was held in July 2022 as mandated by RA 9164,
which provided for a term of office of three (3) years;
subsequent BSKE shall be held on the last Monday of
October every 3 years. Then, RA 9340 postponed the
supposed 2005 elections to October 2007. In the years
2010 and 2013, barangay election was conducted, but the
SK election was postponed to October 2016 when
synchronized elections were conducted. Congress again
postponed the BSKE from October 2016 to October 2017
only to be postponed again and moved to May 2018.
Subsequently, Congress postponed the BSKE to December
2022 and later to October 2023 by virtue of RA 11935.
The high tribunal found that Congress’ enactment of
RA 11935 was attended with grave abuse of discretion
amounting to lack or excess of jurisdiction. The
Constitution expressly protects the right of suffrage of all
citizens of the Philippines who are not otherwise
disqualified by law and guarantees the right of every
person against the deprivation of their life, liberty, or
property without due process of law and their freedom of
expression.
The postponement of the 2022 BSKE by RA11935 to
augment the Executive’s funds for its programs and
projects violates the Constitution because (i) it
unconstitutionally transgresses the constitutional
prohibition against any transfer of appropriations, and (ii)
it unconstitutionally and arbitrarily overreaches the
exercise of the rights of suffrage, liberty, and expression.
After tomorrow’s election, there shall be no more
capricious postponements of the BSKE. We are
guaranteed that those in power shall no longer tinker with
our right to suffrage.