An Act Postponing the October 2017 Barangay and Sangguniang Kabataan Elections

October 2, 2017

REPUBLIC ACT NO. 10952

AN ACT POSTPONING THE OCTOBER 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9164, AS AMENDED BY REPUBLIC ACT NO. 9340, REPUBLIC ACT NO. 10632, REPUBLIC ACT NO. 10656, AND REPUBLIC ACT NO. 10923, AND FOR OTHER PURPOSES

SECTION 1. Section 1 of Republic Act No. 9164, as amended by Republic Act No. 9340, Republic Act No. 10632, Republic Act No. 10656, and Republic Act No. 10923, is hereby further amended to read as follows:

"SECTION 1. Date of Election. — There shall be synchronized barangay and sangguniang kabataan elections, which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October 2007 and every three (3) years thereafter: Provided, That the barangay and sangguniang kabataan elections on October 23, 2017 shall be postponed to the second Monday of May 2018. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the second Monday of May 2020 and every three (3) years thereafter."

SECTION 2. Section 4 of Republic Act No. 9164, as amended by Republic Act No. 9340, Republic Act No. 10632, and Republic Act No. 10923, is hereby further amended to read as follows:

"SEC. 4. Assumption of Office. — The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence at noon of June 30 next following their election: Provided, however, That the term of office of the barangay and sangguniang kabataan officials elected in the May 2020 elections and subsequently thereafter, shall commence at noon of June 30 next following their election."

SECTION 3. Hold Over. — Until their successors shall have been duly elected and qualified, all incumbent barangay officials shall remain in office, unless sooner removed or suspended for cause: Provided, That barangay officials who are ex officio members of the sangguniang bayan, sangguniang panlungsod, or sangguniang panlalawigan, as the case may be, shall continue to serve as such members in the sanggunian concerned until the next barangay election. The Liga ng mga Barangay at the municipal, city, and provincial levels shall, not later than July 31, 2018, conduct elections for ex officio positions in the sanggunians under the supervision of the Department of the Interior and Local Government. CAIHTE

SECTION 4. Ban of Government Projects. — The construction or maintenance of barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election, the provisions of Section 261, paragraphs (v) and (w), of the Omnibus Election Code to the contrary notwithstanding.

SECTION 5. Prohibition on Appointments of Government Officials and Employees. — The appointment or hiring of new employees, creation of new position, promotion, or giving of salary increases, remuneration or privileges in the barangay shall be prohibited for a period of ten (10) days immediately preceding the election, the provisions of Section 261, paragraph (g), of the Omnibus Election Code to the contrary notwithstanding.

SECTION 6. Use of Appropriations. — The amount of Six billion ninety million three hundred twenty-four thousand three hundred twenty-five pesos and sixteen centavos (P6,090,324,325.16) shall be considered as continuing appropriations and shall be used exclusively for the conduct of the barangay and sangguniang kabataan registration and elections in May 2018.

SECTION 7. Use of Sangguniang Kabataan Fund. — Until the new sangguniang kabataan officials shall have been duly elected and qualified, the sangguniang barangay shall not use the sangguniang kabataan fund except for youth development and empowerment programs as provided in Republic Act No. 10742, otherwise known as the "Sangguniang Kabataan Reform Act of 2015."

SECTION 8. Implementing Rules and Regulations. — The Commission on Elections shall, within fifteen (15) days after the effectivity of this Act, promulgate such rules and regulations necessary to implement this Act.

SECTION 9. Repealing Clause. — All other laws, acts, presidential decrees, executive orders, issuances, presidential proclamations, rules and regulations or parts thereof, which are contrary to and inconsistent with any provision of this Act are hereby repealed, amended, or modified accordingly.

SECTION 10. Separability Clause. — If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

SECTION 11. Effectivity. — This Act shall take effect immediately following the completion of its publication either in the Official Gazette or in two (2) newspapers of general circulation in the Philippines.

Approved: October 2, 2017. DETACa

 

Published in the Official Gazette, Vol. 113, No. 41, p. 7422 on October 9, 2017.