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Conduct of the SK Special Elections: Doubts on Legality

The Department of Interior and Local Government (DILG) in Iloilo City has officially
declared that indeed Special Elections are to be held all over the region to fill-up vacancies in
the Sangguniang Kabataan in barangays with incomplete sets of elective youth leaders.

Prior this, the DILG has already expressed its intention to hold special polls ever since
reports surfaced that there are villages with no SK bets. Apart from special polls, the other two
options include either the appointment of municipal local youth development officers to assume
the role of zero-candidate SK councils, or the appointment of all members of the youth council.
But due to the incessant clarifications demanded by the public, the Commission opted to raise
concerns as to the legality of the conduct of the Special Elections in various cities and
municipalities within the region to supposedly fill-up vacancies in the Sangguniang Kabataan.

The complaints raised include:

1. That the SK Special Elections which is to be solely conducted by a Canvass and


Elections Committee (CEC) composed of the SK Chairperson as the CEC Chairperson
and any 2 members of the Katipunan ng Kabataan is contrary to the constitutional
mandate of the Commission as the sole and exclusive agency tasked to manage and
conduct elections.

2. The fairness and neutrality of the Canvass and Elections Committee is suspect
considering that the same is headed by the SK Chairperson.

3. The unconstitutionality of mandatory registration of voters for purposes of the


special elections since there is already the System of the Continuing Registration of
Voters in Republic Act No. 8189.

4. Violation of Republic Act No. 10367 entitled “AN ACT PROVIDING FOR MANDATORY
BIOMETRICS VOTER REGISTRATION”

5. Violation of Section 73 of the Omnibus Election Code which provides that no person
shall be eligible for any elective public office unless he files a sworn certificate of
candidacy within the period fixed since Memorandum Circular No. 2018-212
provides that candidates in the SK Special Elections shall be nominated only which
means there is no requirement for the filing of a Certificate of Candidacy.

With these issues raised, the public is set to wait for the response of the Commission
before several actions are implemented.

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