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NAMFREL wants brgy.,SK elections this Dec. 5

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The National Citizens’ Movement for Free Elections (NAMFREL) on Monday expressed opposition to the planned deferment of the barangay and Sangguniang Kabataan elections (BSKE), and urged the Commission on Elections (Comelec) to schedule the conduct of the two political exercises.

Meanwhile, the poll body said it is 70 percent prepared for the December 5, 2022 SK and village elections, Comelec chair George Garcia said.

In a statement, NAMFREL cited a constitutional provision which gives Comelec the authority to “decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.”

“The phrase ‘all questions affecting elections’ is broad enough to include setting the date of the BSKE. After all, the COMELEC is an independent Constitutional Commission, under Article IX, Section 1 of the Constitution,” NAMFREL said.

The poll watchdog also cited Article X, Section 8 of the Constitution which grants Congress the authority to determine by law the term of office of barangay officials: “The term of office of elective local officials, except barangay officials, which shall be determined by law.”

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“Only the term of office is expressly stated as that which should be determined by law, not the decision when to hold the elections for barangay and SK officials,” the group explained.

In its statement, NAMFREL dismissed arguments raised during the last hearing of the House of Representatives’ Committee on Suffrage and Electoral Reforms that recently voted in favor of the measure seeking the postponement of the December 5, 2022 BSKE.

According to the election watchdog, the funds appropriated for the conduct of the 2022 BSKE could not be used as savings for the government’s economic recovery and COVID-19 response, saying the Constitution prohibits the transfer of funds for other purposes.

NAMFREL cited Article VI, Section 25 of the Constitution which states; “No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.”

“The Constitution is clear. No law shall be passed authorizing any transfer of appropriations. As regards the use of savings, the head of COMELEC, the Chair, is the one authorized to augment any item for the Commission from savings in other items,” NAMFREL said.

During the House hearing, the Comelec told the panel that postponing the December 2022 BSKE for at least a year will entail an additional cost of P5 billion.

NAMFREL likewise countered the argument of stability and continuity offered by the incumbent barangay and SK leaders, explaining that stability and continuity has “no worth” if not backed by a renewed mandate from the people.

“After the last four years, incumbents have shown whether they could be trusted in carrying out their programs and projects. Let the people decide now if they have earned that trust and so deserve to continue,” NAMFREL said.

The group also belied claims that the electorate has to recover from the “divisiveness” of the May 9, 2022 presidential elections, arguing that every election is “inherently divisive” as candidates campaign focused on why they should lead their communities.

“Even if the BSKE is postponed to May 2023, December 2023, or even to 2024, it will still be divisive,” NAMFREL said.

NAMFREL further stated that training for elected local leaders will not delay the delivery of basic services as this is only applicable to newly-elected barangay and SK leaders. It added that reelected incumbent officials already have the knowledge and experience to carry out the duties of their position.

“Given these points, NAMFREL once again calls for the holding of the BSKE on 5 December 2022. The voice of the people should always be heard, never deferred,” the statement read.

Garcia said the Comelec has allotted some P8.5 billion for the local polls on December 5.

“The printing of ballots and other election documents will start in September. By October we will start shipping the election paraphernalia,” Garcia said.

Comelec acting spokesman John Rex Laudiangco said they are on track with preparations for the BSKE.

“We are confident that we are on track and that we will be able to conduct the barangay and sangguniang kabataan elections on Dec. 5,” he said.

“Despite moves from Congress to postpone the BSKE, we are ramping up our preparations,” Laudiangco added.

“Comelec will continue with its preparations until such time that there is a law promulgated and signed, stating that barangay elections are postponed, reset or rescheduled,” he said.

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