Bohol Tribune
Opinion

RULE OF LAW

By Atty. Gregorio B. Austral, CPA

A longer lease on office

Republic Act No. 12326 fixes the term of all elected barangay officials and members of the Sangguniang Kabataan (SK) at five years. In practical terms, it gives local officials a longer period to carry out community programs, while retaining limits intended to prevent indefinite occupation of the same position.

An elective barangay official may serve no more than two consecutive terms in the same position. An elective SK official may serve no more than one term in the same position. Voluntary resignation, regardless of its length, does not interrupt the continuity of service for purposes of these term limits.

The next regular barangay and SK elections will be held on the second Monday of November 2028, and every five years thereafter. The Act also treats incumbent elective barangay officials, whose terms were extended by two years, as having completed one term in their respective positions. Those already serving their last allowable term may not run for the same position in the November 2028 elections.

The law provides a new method for filling an ordinary vacancy in SK membership. The city or municipal mayor with jurisdiction over the barangay may appoint a qualified person under the SK Reform Act. A vacancy in the office of the SK chairperson is excluded from this appointment rule and remains governed by the statutory rules on succession.

To make the longer term productive, the Department of the Interior and Local Government must coordinate with TESDA, COMELEC, state universities and colleges, and other appropriate agencies to institutionalize continuing training and capacity-building. These programs are meant to improve performance, sustain local projects, and avoid needless duplication and recurring training costs.

The extension does not shield incumbents from administrative, civil, or criminal investigations or liabilities. Officials with pending cases may be prevented from sitting during the transition period when ordered by a court or competent authority. Funding will be provided through the General Appropriations Act, while unused election funds may remain available to COMELEC for preparations for the 2028 national and local elections and other lawful purposes. The Act took effect immediately after publication following its approval on September 24, 2026.

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