The High Court, in a decision penned by Associate Justice Antonio Kho, Jr., declared unconstitutional RA 11935 but “recognizes the legal practicality and necessity of proceeding with the conduct of the BSKE on the last Monday of October 2023, pursuant to the operative fact doctrine.”
President Ferdinand Marcos Jr. last year signed Republic Act No. 11935, postponing the 2022 BSKE to the last Monday of October 2023. The term of the incumbent barangay and SK officials was supposed to end December 31, 2022, but they stayed in a hold-over capacity until successors are elected.
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