E-08557 Concurring and Dissenting Opinion: Senior Associate Justice Marvic M.V.F. Leonen — Official PDF

Conturring and Dissenting Opinion 6 -- GR. No. E-08557°""" duration of office or whether the newly prescribed term is reasonable and not unduly long. The inquiry must also consider whether Congress’s particular exercise of that authority unduly impairs the electorate’s right to periodically choose its representatives, whether directly or indirectly, or arises as an” intended effect or merely as a necessary or incidental consequence of the legislation. Ruling otherwise would risk transforming Congress’s: authority to. determine terms of office into a power to repeatedly defer electoral accountability, contrary to the fundamental principle that sovereignty resides in the people. IV I reiterate that “the regulation of the means, manner, date, and time of elections directly affects the constitutional right to suffrage.””? The electorate must have a reasonable expectation of when they may again exercise this right. Otherwise, repeated uncertainty surrounding the conduct of elections” may itself undermine the meaningful exercise of suffrage.”> Republic Act No. 12326 extends the term of office of barangay and Sangguniang Kabataan officials to five years and further postpones their - elections to November 2028. Although characterized as term-setting legislation, its immediate effect as provided in Sections 2,74 3, and 5” is to prolong the tenure of incumbent officials by two years and to defer elections and the. electorate’s opportunity to exercise their right to elect their representatives.” 2 2 §AJ Leonen, Separate Concurring Opinion in Macalintal v. Commission on Elections, 943 Phil. 212, 360 (2023) [Per J. Kho, En Banc]. 3 Id. 4 Republic Act No. 12326, sec. 2 reads: Section 2. Section 2 of Republic Act No. 12232 is hereby amended to read as follows:Section 3. Date of Election. - The next regular barangay and Sangguniang Kabataan elections shall be held on the second Monday of November 2028 and every five (5) years thereafter. 25 Republic Act No. 12326, Section 3 reads: Section 3. A new Section 4-A is hereby inserted after Section 4 of Republic Act No. 12232, to read as follows: Section 4-A. Filling Up of Vacancies in Sangguniang Kabataan Membership. - Any other provision of law to the contrary notwithstanding, a vacancy in the membership of. the Sangguniang Kabataan shall be filled through the appointment by the city or municipal mayor with jurisdiction over the barangay of the concemed Sangguniang Kabataan of any person who meets, as of the date of appointment, the qualifications provided under Section 10 of Republic Act No. 10742 or the “Sannguniang Kabataan Reform Act of 2015”, as amended by Republic Act No. 11768: Provided, That vacancies in the office of the Sangguniang Kabataan chairperson shall not be subject to this provision and shall be filled by. succession as provided in Section 19(a) of Republic Act No. 10742, as amended. 26 Republic Act No. 12326, Section 5 reads: Section 5. Section 5 of Republic Act No. 12232 is hereby amended to'read as follows: Section 5. Transitory Provision. - Considering the extension of their terms by two (2) years, incumbent electiveibarangay officials shall.be regarded as having completed one (1) term in their respective positions. Incumbent officials. serving their last term in the same position in accordance with Section 1 hereof shall be ineligible to ran for the same position in the November 2028 Barangay and Sangguniang Kabataan Elections. 27 Republic Act No. 12326, sec. 5 states: