Comelec to appeal SC decision, wants 2025 BSKE moved to 2026

The Commission on Elections (Comelec) will appeal the Supreme Court (SC) decision which ruled that the next Barangay and Sangguniang Kabataan Elections (BSKE) after the October 2023 polls shall be held on the first Monday of December 2025, Comelec Chairman George Garcia said Monday.

“Nagdesisyon ang [Comelec] en banc that we will be filing a motion for reconsideration on the decision of the Supreme Court, not on any other issue, but only on the issue as to the conduct of the election sabay sa national and local elections,” Garcia said in an interview with reporters Monday.

“Sumasangayon kami sa lahat ng sinabi ng Korte Suprema - 'yung guidelines, ‘yung pagpo-postpone, hindi naman po addressed sa amin ‘yon. Sa aming palagay, may nakikita kami na dapat ma-clarify. Mabuti ‘yung issue na ‘yon kasi… kung bibilangin ang three years ng October [2023], so dapat 2026. ‘Yun ang contention ng Commission on Elections,” Garcia, a former election lawyer, explained.

“Sa aming palagay, we have to respect ‘yung three years and equally, the term of office, in the same manner na gusto nating maging regular ang election… dapat predictable din at alam mo rin kung ilang taon ang term of office ng barangay and SK [officials],” the Comelec chief added.

The motion for reconsideration is expected to be filed after the Comelec receives the full copy of the Supreme Court decision, Garcia said.

In June, the SC announced that it had declared the law that postponed the barangay and Sangguniang Kabataan elections from their initial schedule of December 5, 2022, to the last Monday of October 2023 unconstitutional.

However, the High Tribunal recognized the legal practicality and necessity of proceeding with the conduct of the BSKE on October 30, according to the operative fact doctrine.

It ruled that the succeeding BSKE shall be held on the first Monday of December 2025 and every three years thereafter, based on Republic Act 11462.

During the first Comelec Procurement Summit  on Monday, Garcia also expressed concern over the effect of the SC decision on their budget for 2024, saying the poll body might need supplemental budget if the 2025 BSKE will push through.

“Ang sinubmit naming budget para sa 2024… ay para sa preparatory sa (2025) national and local elections…which is automated. Biglang nagka-Supreme Court decision after the submission and at that time, nagpi-print na ng budget and DBM for submission sa Congress by the president after the SONA. Ang tanong ngayon ay paano maihahabol ang preparatory for the BSKE kung ang BSKE ay gagawing automated din?” Garcia said.

The Comelec chief noted that both Congress and the poll body are eyeing to automate the BSKE which will succeed the October 30,2023 village and youth council polls.

“Hindi namin ma-update ‘yung budget na ni-request sa DBM because na print na. Kung saka-sakali, the Comelec will be asking for a supplemental budget if the Comelec will push or if Congress will push us to conduct the BSKE in 2025 by using automation or using the automated system. So kailangan mag-supplemental kami kung saka sakali,” he explained.

According to Garcia, the budget for an automated BSKE will be almost the same as the amount that will be necessary for the automated national and local elections in 2025.

An automated national and local elections will cost around P25 billion as they will lease more or less 128,00 machines to cater to the estimated 71 million voters in 2025, he said.

The Comelec is eyeing to complete the automated election system procurement by August and the awarding of contract by January 2024, Garcia said.

If the BSKE will be held through manual election, Garcia said the poll body would need P12 billion, P6.5 billion of which will be spent for the honoraria of the teachers who will serve during the polls.

Garcia also said the Comelec would need to set an early period for the filing of the certificates of candidacy if the BSKE will push through in 2025 due to the printing of different ballot faces for 45,000 different barangays. — DVM/KBK, GMA Integrated News