RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 10952 ENTITLED, AN ACT POSTPONING THE OCTOBER 2017 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9164, AS AMENDED BY REPUBLIC ACT NO. 9340, REPUBLIC ACT NO. 10632, REPUBLIC ACT NO. 10656, AND REPUBLIC ACT NO. 10923, AND FOR OTHER PURPOSES.
WHEREAS, the Congress of the Philippines, as approved by President Rodrigo R. Duterte, enacted on October 02, 2017, Republic Act No. 10952 postponing the October 23, 2017 Barangay and Sangguniang Kabataan (SK) Elections;
WHEREAS, Republic Act No. 10952, is made effective immediately upon its publication either in the Official Gazette or in two (2) newspapers of general circulation in the Philippines;
WHEREAS, on October 04, 2017, Republic Act No. 10952 was published in the Official Gazette;
WHEREAS, Section 8 of Republic Act No. 10952 directs this Commission to promulgate, within fifteen (15) days from its effectivity, the necessary implementing rules and regulations;
NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and pursuant to Republic Act No. 10952, the Commission on Elections (COMELEC) has RESOLVED, as it hereby RESOLVES, to promulgate the following Implementing Rules and Regulations:
RULE 1
DATE OF ELECTION
SECTION 1. Date of Election.- The synchronized barangay and sangguniang kabataan elections on October 23, 2017, pursuant to Republic Act No. 9164 as amended by Republic Act No. 9340, and Republic Act No. 10923, is postponed to second Monday of May 2018.
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 May 2018 synchronized barangay and sangguniang kabataan elections shall commence at noon of June 30, next following their elections: Provided, however, That the term of office of the synchronized 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: Provided, That barangay officials who are ex officIo members of the sangguniang bayan, sangguniang panlungsod, or sangguniang panlalawigan, as the case may be, shall continue to serve as such members in the sanggunian concerned until the next barangay election. The Liga ng mga Barangay at the municipal, city, and provincial level shall, not later than July 31, 2018 conduct elections for ex officio positions in the sanggunians under the supervision of the Department of the Interior and Local Government.
RULE 3
PROHIBITED ACTS
SECTION 4. Ban of 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 provision of Section 261, paragraph (v) and (w), of the Omnibus Election Code to the contrary notwithstanding.
SECTION 5. Prohibition on Appointment 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 provision 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 amount of Six billion ninety million three hundred twenty-four thousand three hundred twenty-five pesos and sixteen centavos (6,090,324,325.16) shall be considered as continuing appropriations and shall be used exclusively for the conduct of the barangay and sangguniang kabataan registration and elections in May 2018.
SECTION 7. Use of Sangguniang Kabataan Fund.- Until the new sangguniang kabataan shall have been duly elected and qualified, the sangguniang kabataan 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 Act of 2015”.
The Guidelines on the Allocation and Utilization of the Sangguniang Kabataan Funds herein attached is made an integral part of these Rules.
RULE 5
FINAL PROVISION
SECTION 8. Separability Clause.- If any portion or provision of this Rules or any part thereof be declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.
SECTION 9. Repealing Clause.- All other laws, acts, presidential decrees, executive orders, issuances, presidential proclamations, rules and regulations or part thereof, which are contrary to and inconsistent with any provision of this Rules are hereby repealed, amended, or modified accordingly.
SECTION 10. Effectivity.- These Rules shall immediately take effect upon approval.
Let the Office of the Deputy Executive Director for Operations and the Education and Information Department implement this Resolution.
SO ORDERED.
SIGNED:
J. ANDRES D. BAUTISTA – Resigned as of October 23, 2017
CHRISTIAN ROBERT S. LIM
AL A. PARREÑO
LUIE TITO F. GUIA
ARTHUR D. LIM
MA. ROWENA AMELIA V. GUANZON
SHERIFF M. ABAS
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