Alvarez: Urgent amendment possible to allow appointment of barangay execs

House Speaker Pantaleon Alvarez on Monday assured that Congress can back up President Rodrigo Duterte's plan to appoint barangay officials in lieu of an election.

Alvarez, who said he will support Duterte's plan, agreed that the Local Government Code must be amended to make it happen.

"Kaya po 'yun," he told radio dzBB. "Hindi po [kakapusin sa oras] lalo na kapag ci-nertify as urgent ng ating Pangulo... Pag-uusapan po namin 'yan sa Kongreso kung papa'no [magagawa]."

Alvarez said he has already instructed his staff to draft amendments to the Local Government Code which would make Duterte’s plan  possible.

“Okay naman 'yan. Kailangan lang natin amiyendahan 'yung Local Government Code,” Alvarez said.

“Hindi pa [umuusad] dahil naka-break kami ngayon. Pero 'yung aking staff ay nasabihan ko nang gumawa ng draft,” he said when asked if the Congress has already moved to amend the law.

Duterte made the pronouncement last Thursday in a press conference at the Ninoy Aquino International Airport shortly after his arrival from Myanmar and Thailand, claiming that 40 percent of barangay captains had drug links.

“It’s a bit messy. Kasi kapag tinanggal mo rin ang mga gagong ito, magsigawan—we are looking for a way to appoint na lang the barangay captains,” he said.

“But ang mechanism to go about it—ako, you know the President has always the power to appoint. But I am going to compromise with the Church and everybody. They can nominate three citizens,” Duterte added.

Asked about this, Alvarez said, "Valid naman po 'yung objective ng ating Pangulo."

The Speaker is optimistic that they can amend the Local Government Code before the scheduled barangay election on October 23, 2017.

He added that the matter will be lined up among concerns to be tackled once Congress resumes session on May 2.

CIBAC Party-List Rep. Sherwin Tugna, chairman of the House committee on suffrage and electoral forms, on Sunday said they will study the issue thoroughly once a proposal has been submitted.

In a report on Unang Balita on Monday, he said there should be a basis and a compelling reason to postpone the scheduled barangay polls this year.

"Dapat ay may malalim na basehan ito at meron tayong compelling reason upang i-postpone na naman natin 'yung ating halalan at this time. Instead na kung anong sinasabi sa Local Government Code na dapat ay ihalal ang mga barangay officials, this time ay mai-a-appoint na," Tugna said.

Interior and Local Government Secretary Mike Sueno on Saturday said he is coordinating with Senate President Koko Pimentel and Alvarez on the matter.

Commission on Elections chair Andres Bautista said they will follow whatever the decision will be, provided that a law is passed on the matter.

Provisions under Local Gov't Code

Barangay executives—including chairmen, kagawads, and Sangguniang Kabataan (SK) officials—are listed among elective officials under the Local Government Code.

A vacancy for barangay chief is filled via succession, with the highest ranking member of the Sangguniang Barangay—determined by the number of votes received during the elections—taking his/her place.

Under Section 44(d) of the Code, a permanent vacancy may be declared when the official "fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office."

Successors are deemed to "serve only the unexpired terms of their predecessors," it adds.

Opposition

Senator Leila de Lima, meanwhile, on Saturday slammed the Duterte administration's plan to appoint barangay officials, saying doing so "goes against the principles of shielding them from partisan politics."

Some congressmen also raised apprehensions about this move, which they said would be reminiscent of the Martial Law period.

Akbayan Rep. Tom Villarin said the plan "reeks of dictatorial tendencies."

"If barangay officials are involved in drugs, let the people kick them out through the ballot," he said. "Give that power to the people, not to one person. That's the essence of democracy."

"Imagine the possibilities of appointing at least eight officials in each of the 43,000 barangays all over the country. That's 344,000 people at the beck and call of the President!" he added.

For his part, Magdalo Rep. Gary Alejano said the plan "undermines the rights of the people to choose their leaders."

Alejano, who recently filed an impeachment case against the President, added that barangay captains accused of involvement in the drug trade should instead face administrative charges.

"If he claims that drug lords will finance the elections, what has he done to them in the last nine months that he is in office? Does he mean that he cannot go after them and that he will just resort to defeating them by postponing the elections and appointing barangay captains?" he added.

The last barangay elections were held in October 2013.

Another was slated in October 2016, months after the presidential elections. This was pushed back to October 2017, via Republic Act No. 10923, the first law that Duterte signed as President. —with Erwin Colcol/KG, GMA News