RESOLUTION NO. 10168

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 10923 ENTITLED, AN ACT POSTPONING THE OCTOBER 2016 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9164, AS AMENDED BY REPUBLIC ACT NO. 9340 AND REPUBLIC ACT. NO. 10656, PRESCRIBING ADDITIONAL RULES GOVERNING THE CONDUCT OF BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS AND FOR OTHER PURPOSES

WHEREAS, the Congress of the Philippines, as approved by President Rodrigo R. Duterte, enacted on October 15, 2016 Republic Act No. 10923 postponing the October 31, 2016 Barangay and Sangguniang Kabataan (SK) Elections;

WHEREAS, Republic Act. No 10923 is made effective immediately after its publication in the Official Gazette or in two (2) newspapers of general circulation in the Philippines;

WHEREAS, on October 22, 2016, Republic Act No .10923 was published in two (2) newspapers of general circulation in the Philippines namely, the Business Mirror and Manila Bulletin;

WHEREAS, Section 8 of Republic Act No. 10923 directs this Commission to promulgate the rules and regulations implementing said Act, within ninety (90) days after the Act’s effectivity;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and pursuant to Republic Act No. 10923, the Commission on Elections (COMELEC) has RESOLVED, as it hereby RESOLVES to, without prejudice to other rules that it may issue in further implementing R.A. 10923, promulgate the following Implementing Rules and Regulations of Republic Act No. 10923:

RULE 1

DATE OF ELECTION

SECTION 1. Postponement of the October 31, 2016 Synchronized Barangay and Sangguniang Kabataan Elections; Date of New and Subsequent Elections. - The synchronized barangay and sangguniang kabataan elections on October 31, 2016, pursuant to Republic Act No. 9164 as amended by Republic Act No. 9340 and Republic Act No. 10656, is postponed to the fourth Monday of October 2017, that is, October 23, 2017.

Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the second Monday of May 2020 and every three (3) years thereafter.

RULE 2

ASSUMPTION OF OFFICE AND HOLD OVER

SECTION 2. Assumption of Office. - The term of office of the barangay and sangguniang kabataan officials elected during the October 2017 synchronized barangay and sangguniang kabataan elections shall commence at noon of November 30 next following their election.

The term of office of the barangay and sangguniang kabataan officials elected in the May 2020 elections, and subsequently thereafter, shall commence at noon of June 30 next following their election.

SECTION 3. Hold Over. - Until their successor shall have been duly elected and qualified, all incumbent barangay officials shall remain in office, unless sooner removed or suspended for cause.

RULE 3

PROHIBITED ACTS

SECTION 4. Ban on Government Projects. - The construction or maintenance of barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election, the provisions of Section 261, paragraphs (v) and (w), of the Omnibus Election Code to the contrary notwithstanding.

SECTION 5. Prohibition on Appointments of Government Officials and Employees. - The appointment or hiring of new employees, creation of new position, promotion, or giving of salary increases, remuneration or privileges in the barangay shall be prohibited for a period of ten (10) days immediately preceding the election, the provisions of Section 261, paragraph (g), of the Omnibus Election Code to the contrary notwithstanding.

RULE 4

USE OF APPROPRIATIONS AND
SANGGUNIANG KABATAAN FUND

SECTION 6. Use of Appropriations. - The following appropriations for the COMELEC shall be considered as continuing appropriations and shall be used exclusively for the conduct of the barangay and sangguniang kabataan registration and elections:

1. The amount of Nine Hundred Thirty-Six Million One Hundred Twenty-Nine Thousand Pesos (PhP936,129,000) appropriated for the sangguniang kabataan elections and One Hundred Fifty-Five Million One Hundred Sixty-Seven Thousand Pesos (PhP155,167,000) appropriated for the sangguniang kabataan registration under Republic Act No. 10651, otherwise known as "The 2015 General Appropriations Act"; and
2. The amount of Five Billion Nine Hundred Ninety-Four Million Two Hundred Forty-Three Thousand Pesos (PhP5,994,243,000) for the sangguniang kabataan and barangay elections and Five Hundred Six Million Two Hundred Seventy-Four Thousand Pesos (PhP506,274,000) appropriated for the sangguniang kabataan and barangay elections under Republic Act No. 10717, otherwise known as "The 2016 General Appropriation Act."

SECTION 7. Use of Sangguniang Kabataan Fund. - Until the new sangguniang kabataan officials shall have been duly elected and qualified, the sangguniang barangay shall not use the sangguniang kabataan fund except for youth development and empowerment programs as provided in Republic Act No. 10742, otherwise known as "The Sangguniang Kabataan Reform Act of 2015".

RULE 5

FINAL REVISIONS

SECTION 8. Separability Clause. - If any provision or part of these Rules is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.

SECTION 9. Repealing Clause. - All laws, presidential decrees, proclamations, executive orders or regulations and other issuances inconsistent with the provision of these Rules are hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. - These Rules shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of the general circulation in the Philippines.

The Education and Information Department of the Commission shall cause the publication of these Rules.

Let the Office of the Deputy Executive Director for Operations and the Education and Information Department implement this Resolution.

SO ORDERED.

Promulgation: November 8, 2016