A free, orderly, honest and credible election is characterized with duality. It is both a day of reckoning for recalcitrant and underperforming elected officials and a day of validation for promises delivered and expectations satisfied by public office holders. The election of Barangay and Sanggunian Kabataan (BSKE) officials is no different from national and local elections.

The BSKE proceeds this Monday, October 30, 2023 in the 42,000 barangays of the Philippines. Congress postponed it twice since 2017. The BSKE was originally scheduled on the second Monday of May 2020, but it was moved to December 5, 2022 by RA 11452. This law also mandated that the succeeding BSKE is to be held on the first Monday of December 2025, and every three years thereafter. Soon, RA 11935 was passed which re-scheduled the December 5, 2022 BSKE election to October 23, 2023. Although the Supreme Court declared that RA 11935 is void because it is against the Constitution, it is practical to continue the BSKE now October 30, 2023 but the winner will only serve two years here and the next BSKE will be on the first Monday of December 2025 based on the revived law, RA 11452 (Macalintal v Comelec and Hidalgo vs. Executive Secretary).

From the decision in Macalintal and Hidalgo, we gather these significant points:

First, the free and meaningful exercise of the right to vote is protected and guaranteed by the Constitution, and requires the holding of genuine periodic elections that must be held at intervals that are not too long, to ensure that the authority of the government is constantly renewed. The postponement of the election is an exception and must be attended with a serious, clear and strong reason for doing so. Reasons such as election fatigue, the electoral exercise allegedly results in divisiveness, the shortness of the current term, and other superficial or ludicrous reasons does not qualify as important, substantial, or persuasive reasons to justify the postponement of the elections. To be sufficiently important, the reason for the postponement must be primarily justified by the need to preserve the right to vote or other fundamental rights or the necessity of a public emergency situation.

Second, the Commission on Elections has no power to postpone the election nationwide. This power rests with Congress pursuant to (i) its plenary power to legislate, and (ii) its power to fix the term of office of barangay officials under Article X, Section 8 of the Constitution.

Third, RA 11935 violates the freedom to vote because it fails to meet the requirements of the substantive aspect of the “due process clause” of the Constitution and it restricts the right of the people to elect a leader at regular intervals.

During the past ten days of campaigning, the BSKE contestants enthusiastically engaged voters in public and private markets and other public spaces. Noisy motorcades and nightly caucuses were staged to increase voter awareness of the platform of government of candidates. Watcher’s orientations were also held to prepare the eyes and ears of candidates inside poll precincts. Political dynasty patrons occupying positions national in scope obliged their feuds in one city by gracing poorly attended events. Some of these BSKE candidates even had the patron’s photo appear in their tarpaulins. This is consequentialism at its worst as it clearly defiles the law providing for non-partisanship in the barangay and reveals the moral bankruptness of political dynasties and their feuds.

There are voters who are glad to be included in AICS, TUPAD and SAP even if it meant receiving a minified amount caused by under the table cuts made by those responsible in listing them up in these programs. The beneficiaries have this pathetic silver lining mindset that it is better to have something to tide them over for the day rather than get zero. This societal malaise encourage thievery in government since these voters, in exchange for a tiny slice of the pie, are indeed accomplices of recalcitrant and underperforming Barangay officials.

But not all voters are the same. There are many who pine for a better life for their grandchildren and volunteer their precious time and efforts in the candidacy of well-meaning and reliable promise keepers with a proven track record of matching peoples’ expectations. They stand by principle, commitment and consistency. It is our hope that these patriotic voters outnumber complicit voters determined to pass on their poverty to their grandchildren.

The significance of casting one’s vote in genuine periodic BSKE is important in a constitutional republic. For the sake of our grandchildren, we cannot allow thievery and underperformance to triumph in BSKE.

Atty. Magi Gunigundo is a former lawmaker, civil law instructor, and author of law books. He is also an education reformer and an advocate of anticipatory governance.