FILE PHOTO: The Supreme Court logo. (INQUIRER/LYN RILLON)
MANILA, Philippines 鈥揟he Supreme Court (SC) has approved the revised rules for the Barangay and Sangguniang Kabataan elections (BSKE) to address changes in the procedural regulations.
These revised rules, according to the SC, aim to achieve a swift, cost-effective, and fair resolution of such cases. They also modernize the current rules governing election disputes in lower courts.
During Tuesday鈥檚 regular session, the Court en banc promulgated the revisions.聽聽The amended rules, which will be applied prospectively, incorporate some of the provisions of the 2019 Amendments to the Rules of Civil Procedure.
Some of the incorporated provisions from the 2019 amendments to the Rules of Civil Procedure are the provisions on the service and filing of pleadings and the judicial affidavit rule, as well as provisions applicable to automated elections following the聽聽Commission on Elections鈥� adoption of pilot automated election system in the three barangays 鈥� one in Quezon聽聽City and two in Cavite 鈥� in the upcoming elections.
The briefer provided by SC鈥檚 Public Information Office said the 2023 amended rules 鈥減rovides for an initial recount of ballots of the pilot tested clustered precincts or mono precincts, as the case may be.鈥�
鈥淭his initial recount is intended to determine whether the protest is meritorious upon showing by the protestant of at least 20 percent substantial recovery from the overall vote lead of the protestee,鈥� the SC said.
The amended rules will take effect 15 days after publication, once in a newspaper of general circulation or in the Supreme Court official website.
Earlier, the SC declared as unconstitutional the law postponing聽Barangay聽and Sangguniang Kabataan聽elections聽from its initial schedule of Dec. 5, 2022, to the last Monday of October 2023.
However, it recognized the legal practicality and necessity to proceed with the聽elections聽on the last Monday of October this year.
In its ruling, the SC declared that the free and meaningful exercise of the right to vote, as protected and guaranteed by the Constitution, requires the holding of 鈥済enuine periodic聽elections,鈥� which must be held at intervals not unduly long, and that the Commission on聽Elections聽does not have the power to postpone聽elections聽on a nationwide basis.
鈥淭his power lies with the Congress pursuant to its plenary power to legislate and its power to fix the term of office of聽barangay聽officials under Article X, Section 8 of the Constitution,鈥� it said.
The SC said RA 11935, or the Act Postponing the December 2022聽Barangay聽and Sangguniang Kabataan聽Elections, 鈥渧iolates the freedom of suffrage as it fails to satisfy the requirements of the substantive aspect of the due process clause of the Constitution.鈥�
鈥淭he Court found that there was no legitimate government interest or objective to support the legislative measure and that the law unconstitutionally exceeds the bounds of the Congress鈥� power to legislate,鈥� the SC said.
RELATED STORY:
Large turnout on Day 1 of COC filing for barangay, SK polls 鈥� Comelec