Neither the Constitution nor a statute can enable President Rodrigo Duterte or his alter ego to appoint en masse or selectively barangay chairmen and officials, contrary to the statements of Speaker Pantaleon Alvarez and House Majority Leader Rodolfo Fariñas.
Section 8 of Article X of the Constitution provides that: “The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms.”
Verily, the Constitution itself classifies barangay officials as “elective local officials”, although their term of office is determined by law and not fixed by the Constitution.
Consequently, the Congress can only provide for the term and periodic elections of barangay officials but it cannot authorize the President to appoint barangay officials who are categorized by the Constitution as “elective local officials” who shall be elected by their qualified constituents.
Even the various barangay election laws, including RA No. 10923 which postponed the October 2016 barangay elections to the fourth Monday of October 2017, provides for hold over of incumbents.
Section 3 of RA No. 10923 provides that “Until their successors shall have been duly elected and qualified, all incumbent barangay officials shall remain in office, unless sooner removed or suspended for cause.”
Democratic electoral processes should never be sacrificed to the questionable scheme of the President and his cheerleaders in the House of Representatives.