The Supreme Court (SC) has declared unconstitutional the law that postponed the Dec. 5, 2022 Barangay and Sangguniang Kabataan Elections (BSKE). | ManilaBulletin READ:
The Supreme Court has declared unconstitutional the law that postponed the Dec. 5, 2022 Barangay and Sangguniang Kabataan Elections .
It also ruled that the succeeding BSKE “shall be held on the first Monday of December 2025 and every three years thereafter…, and that the Congress is not precluded from further amending RA 9164 , the law which provides for synchronized BSKE.” “In granting the petitions, the Supreme Court made the following salient points: First, the Court declared that the free and meaningful exercise of the right to vote, as protected and guaranteed by the Constitution, requires the holding of genuine periodic elections which must be held at intervals which are not unduly long, and which ensure that the authority of government continues to be based on the free expression of the will of electors.
“Thus, despite the intervening expiration of the previous election date, the case undoubtedly presents an actual case or controversy that justifies the continued exercise by this Court of its judicial review power. “Fourth, RA 11935 violates the freedom of suffrage as it failed to satisfy the requisites of the substantive aspect of the due process clause of the Constitution.
“The Court also ruled that the enactment of RA 11935 was attended with grave abuse of discretion amounting to lack or excess of jurisdiction. “Finally, the Court found it imperative to set forth guidelines and principles for the bench, the bar, and the public as regards any government action that seeks to postpone any elections.“1. The right of suffrage requires the holding of honest, genuine, regular, and periodic elections. Thus, postponement of the elections is the exception.
“3. The electorate must still be guaranteed an effective opportunity to enjoy their right of suffrage without unreasonable restrictions notwithstanding the postponement of the elections.
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