There is nothing wrong when President Marcos said that barangay officials “will deliver votes for national candidates.” It does not in anyway violate nor disregard the provision of the Omnibus Election Code that “the barangay election shall be non-partisan.”
There is that growing misconception that said provision mandates that barangay officials are supposed to be non-partisan. But this provision is very clear: it is the barangay election that is non-partisan. There is nothing in the law that says that the elected barangay officials shall be non-partisan. As a matter of fact, a number of these barangay officials are members of different political parties.
Thus, the Supreme Court held in the 2010 case of Quinto vs Comelec that elected officials, “by the nature of their office, engage in partisan political activities all year round, even outside the campaign period. Political partisanship is the inevitable essence of a political office, elective positions included.”
While Section 2(4), Article IX-B of the 1987 Constitution provides that “no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign,” such constitutional ban, as likewise ruled by the Supreme Court in the Quinto case “does not cover elected officials notwithstanding the fact that the civil service embraces all branches and agencies of the government.”
Even the Commission on Elections, as early as 2002, made it clear in its Minute Resolution No. 02-0095 that local elective officials such as City or Municipal Mayors are allowed to campaign in the SK and barangay elections. Hence, if these elected officials can campaign for barangay candidates, there is no rhyme or reason why these elected barangay officials cannot campaign for the national candidates.
ATTY. ROMULO B. MACALINTAL
Election Lawyer