Comelec issues rules on immediate assumption of winning barangay, SK bets

The Comelec cancels the registration of the An Waray party-list

MANILA, Philippines — The Commission on Elections (Comelec) on Wednesday said that winning candidates in the 2023 barangay and Sangguniang Kabataan (SK) elections may immediately assume office after being proclaimed, taking the oath of office and submitting his or her statement of contributions and expenditures (SOCE).

The Comelec made the pronouncement in a letter from its law department addressed to the Department of the Interior and Local Government, explaining that based on Supreme Court’s decision upholding the unconstitutionality of Republic Act 11935, the term of office of incumbent barangay and SK officials has already ended on December 31, 2022.

“If the candidate for the October 30, 2023 BSKE obtained the highest number of votes among the remaining candidates for the same position in the same barangay, and later on proclaimed, and subsequently took his or her oath of office, the said candidate, now referred to as the winning candidate and/or newly elected official, may immediately and effectively assume office,” the Comelec said.

The election body pointed out that under Section 14 of Republic Act No. 7166, the elected official may only assume office once they have filed their SOCE.

The deadline for SOCEs is on Nov. 29, under the Comelec calendar of activities for the BSKE.

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