The Commission on Elections (Comelec) will appeal on the Supreme Court's (SC) decision which ordered that the next Barangay and Sangguniang Kabataan Elections (BSKE) after the elections in October 2023 to be held on the first Monday in December 2025.
In an interview with reporters on Monday, July 17, Comelec Chairman George Garcia said that they will be filing a motion for reconsideration on the decision of SC of when the BSKE will be held after the election on 2023.
“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,” said Garcia, a former election lawyer.
“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,” he 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.
According to Garcia, the move for reconsideration would likely be submitted as soon as the Comelec has a complete copy of the Supreme Court's ruling.
The law that moved the BSKE from their original date of December 5, 2022, to the final Monday of October 2023 was found unlawful by the SC in June.
However, the High Tribunal acknowledged the operative fact doctrine's legal necessity and practicality of continuing with the BSKE's conduct on October 30.
Based on Republic Act 11462, it was decided that the following BSKE will take place on the first Monday of December 2025, every three years after.
