To appoint barangay officials is unconstitutional

Through Republic Act No. 10923 the barangay and sangguniang kabataan elections supposedly held in October 2016 was postponed in October 23, 2017. The postponement was due to “election fatigue” because the national election was just held few months earlier (May 9, 2016).

Last May of this year three bills were filed in the lower house which seek to postpone the barangay elections scheduled this coming October. And another proposal from the senate was also filed authored by Senator Sotto seeking to postpone the barangay elections. All pending bills in the Senate and House of Representatives support the anti-drug campaign of President Duterte.

The President claims that 40 percent of barangay officials in the country are either corrupt or involved in illegal drug and that the election money or drug money will just be used to keep the officials in power. It is due to the proliferation of drug trade in the barangay level that the President wants to appoint barangay officials instead of holding elections.

The problem now is that there is no update yet on those Bills seeking to postpone the barangay elections and if we have to remember the Commission on Election (Comelec) is set to print election ballots on July 20 this year. Comelec Chairman Andres Bautista said the poll body needs to know the decision whether the barangay election will be held this year or in 2018 or in 2020 or no election at all so that they will not be accused of wasting time while waiting for the finalization of the deferment of the polls.

Personally, I do not want for the barangay elections to push through. First, I agree with the President in saying that barangay polls have become entry points of those involved in the drug trade into the mainstream politics. Everyday we hear news about barangay officials either apprehended or killed during buy-bust operations. Second, no election would mean a BIG saving for the government. An estimated budget of P3 billion was presented to the House of committee on appropriations for 2017 election by the Comelec Chairman.

On the other hand, if the President would really want to appoint barangay officials instead of electing them by the people, he can request for the Congress to abolish the positions of barangay councilors. It is unconstitutional for the President to appoint barangay executives without having their positions abolished first by the Congress. After all, the specific positions of the barangay officials are not provided for in the Constitution. It only refers to “election of barangay officials” and these officials are mere creation of laws. Therefore, these barangay positions could be abolished by Congress.