Comelec: BSKE budget realignment for fuel crisis unconstitutional

While the 2026 Barangay and Sangguniang Kabataan Elections (BSKE) may be postponed, realigning its unused budget for other government priorities could be deemed unconstitutional, the Commission on Elections (Comelec) said Monday.

Comelec Chairperson George Erwin Garcia made the remark as some lawmakers push for another postponement of the BSKE and the reallocation of its unspent funds for the government’s response to the energy crisis.

“Maaaring ipagpaliban ang elections, ‘yan ay kapangyarihan nila. Subalit kung ang budget na naka-allocate sa elections ay gagamitin sa ibang bagay, hindi pwedeng magawa ‘yun sapagkat ipinagbabawal ‘yan ng Saligang Batas,” Garcia told dzBB Super Radyo.

(The BSKE may be postponed as that is within their authority. However, the budget allocated for the elections cannot be used for other purposes, as this is prohibited by the Constitution.)

Around P16 billion remains from Comelec’s P19 billion BSKE budget, with about P3 billion already spent on preparations.

Garcia expressed concern over the proposals, citing constitutional limits on fund realignment.

“‘Yung pwedeng magamit sa ibang bagay, sana mapag-isipan ang legalidad dahil maaaring ‘yan din ang makitang dahilan ng SC later para mabalewala ang magandang initiative o plano na ipagpaliban ang BSKE,” he added.

(We hope the legality of any realignment is carefully considered, as this could be a basis for the Supreme Court to invalidate a good initiative or plan to postpone the BSKE.)

Senator Panfilo “Ping” Lacson said realigning the budget is unconstitutional, but noted that the Comelec may instead declare unused funds as savings and return them to the National Treasury.

“What the Chairman says is true. Funds allocated to the Comelec cannot be realigned to items outside it because that would be unconstitutional," he said.

"But the allocations can still be treated as savings—Comelec may opt not to spend the funds for the BSKE and declare them as savings to be returned to the Treasury,” Lacson added.

Garcia later agreed with Lacson, saying: “Yes po, ‘yun talaga ang tama… kapag ito ay hindi nagamit, savings na po ‘yan and therefore maibabalik po ‘yan sa ating Treasury.”

(Yes, that is correct. If the funds are not used, they may be considered savings and returned to the National Treasury.)

The BSKE, originally scheduled for December 1, 2025, has been moved to November 2, 2026 following the extension of the terms of all barangay and SK officials to four years.—MCG, GMA News