Second It is contended that in its resolution in question the COMELEC did not

Second it is contended that in its resolution in

This preview shows page 16 - 18 out of 22 pages.

Second . It is contended that, in its resolution in question, the COMELEC did not name the barangays which, because they had conducted kabataang barangay elections between January 1, 1988 and January 1, 1992, were not included in the SK elections to be held on December 4, 1992. That these barangays were precisely to be determined by the DILG is, however, fairly inferable from the authority given to the DILG to supervise the conduct of the elections. Since §532(d) provided for kabataang barangay officials whose term of office was extended beyond 1992, the authority to supervise the conduct of elections in that year must necessarily be deemed to include the authority to determine which kabataang barangay would not be included in the 1992 elections. The authority granted was nothing more than the ascertainment of a fact, namely, whether between January 1, 1988 and January 1, 1992 elections had been held in a given kabataang barangay. If elections had been conducted, then no new elections had to be held on December 4, 1992 since by virtue of §532(d) the term of office of the kabataang barangay officials so elected was "extended correspondingly to coincide with the term of office of those elected under [the Local Government Code of 1991]." In doing this, the Secretary of Interior and Local Government was to act merely as the agent of the legislative department, to determine and declare the event upon which its expressed will was to take effect. 11 There was no undue delegation of legislative power but only of the discretion as to the execution of a law. That this is constitutionally permissible is the teaching of our cases. 12 Third . Respondents claim, however, that the May 26, 1990 KB elections in Manila were void because (a) they were called at the instance of then Mayor Gemiliano C. Lopez who did not have authority to do so and (b) it was not held under COMELEC supervision. The 1990 elections for the Kabataang Barangay were called by then Manila Mayor Gemiliano C. Lopez, Jr., who in his Executive Order No. 21 dated April 25, 1990 stated: WHEREAS, the Kabataang Barangay as an organization provided for under Batas Pambansa Bilang 337, has been practically dormant since the advent of the present national administration; WHEREAS, there is an urgent need to involve the youth in the affairs and undertaking of the government to ensure the participation of all sectors of our population in the task of nation building; WHEREAS, the last elections for the Kabataang Barangay officers were held in November 1985 yet, which is over their three years term of office; WHEREAS, most of the present crop of KB officers are way past the age limit provided for under the law;
Image of page 16
The elections were actually held on May 26, 1990 in the 897 barangays of Manila. Later, on June 30, 1990, KB City Federation elections were conducted. It was precisely to foreclose any question regarding the validity of KB elections held in the aftermath of the EDSA revolution and upon the effectivity of the new Local Government Code that the exception clause of §532(d) was inserted. The proceedings of the Bicameral Conference Committee which drafted the Code show the following: 13
Image of page 17
Image of page 18

You've reached the end of your free preview.

Want to read all 22 pages?

  • Spring '17
  • john doe

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors