MANILA, Philippines - The Commission on Elections (Comelec) said yesterday it did not violate Republic Act 10632 when it decided to postpone the Sangguniang Kabataan (SK) polls scheduled on Feb. 21.
RA 10632 provides for the suspension of the SK elections on Oct. 28, 2013.
If Congress votes for its postponement anew, it will be synchronized with the barangay elections on Oct. 26 next year.
Comelec spokesman James Jimenez said the law was not violated even if the poll body moved the SK polls to April 15.
Under the law, the SK elections should be rescheduled to any date between Oct. 28, 2014 and Feb. 23, 2015.
“We did not violate the law since the Comelec has the authority to postpone the elections whenever necessary as provided in the Omnibus Election Code,” he said.
He said the Comelec may postpone the elections motu proprio or based on a verified petition due to violence, terrorism, loss or destruction of election paraphernalia, force majeure and other analogous causes.
Jimenez said the latest suspension of SK polls falls under the analogous causes, adding it is no longer possible to hold elections under the present circumstances.
“The Comelec is authorized by the law to postpone elections if there are analogous causes or in cases where clean and fair elections are nearly impossible. Now, in this case, those analogous causes can be traced to the fact that we held back on some significant procurements,” he explained.
The Comelec on Thursday announced the postponement of SK elections as the agency is awaiting Congress’ approval of a law synchronizing it with the barangay polls in October 2016.
Last year, the House of Representatives passed a measure postponing the SK elections.
The Senate committee on local government had earlier approved the postponement of the SK polls.