Atty. Airis is correct.

The power to set the date and conduct Barangay elections is

vested in Congress under Section 2, Article XVIII of the 1987 Constitution. This
means that the President cannot unilaterally postpone the Barangay election without
the approval of Congress.

The principle of separation of powers, which is enshrined in the 1987 Philippine

Constitution, ensures that the different branches of government have distinct
functions and powers. The Executive, Legislative, and Judicial branches of the
government are tasked with specific responsibilities, and each branch must operate
within its constitutional boundaries. This principle is intended to prevent abuses
of power and promote checks and balances among the branches.

In the case of Executive Order No. 1, Series of 2022, postponing the 2022 Barangay
Elections, if the President acted without any authority from Congress or any
existing law, then the order may be deemed unconstitutional and invalid. Atty.
Airis can challenge the Executive Order on this ground and cite the doctrine of
separation of powers as a basis for her argument.

In the Philippines, the power to fix the date of barangay elections is vested in
the lawmaking body, which is Congress, through the Omnibus Election Code - a law in
the Philippines that governs the conduct of elections in the country. The President
is not given the power to postpone or reschedule the barangay elections, except in
cases of violence, terrorism, loss or destruction of election paraphernalia or
records, and other analogous cases.

Therefore, Atty. Airis is correct. The postponement of the election is within the
jurisdiction of Congress and not within the President's power. Under the Philippine
Constitution, the power to set the date and conduct Barangay elections is vested in
Congress. This is provided for under Section 2, Article XVIII of the Constitution,
which states that "The Congress shall provide for the election of local officials
and determine the terms of office." The principle of separation of powers, which is
enshrined in the 1987 Philippine Constitution, ensures that the different branches
of government have distinct functions and powers. The Executive, Legislative, and
Judicial branches of the government are tasked with specific responsibilities, and
each branch must operate within its constitutional boundaries. Moreover, the power
of the President to issue Executive Orders is limited to cases where there is a
need for the faithful execution of the laws or in cases of emergency. If the
postponement of the Barangay election is not based on any legal basis, such as a
law or an emergency, the Executive Order may be deemed unconstitutional and
invalid.

Atty. Airis is correct. The power to schedule and call for Barangay Elections is
vested in Congress, not in the President. The Constitution specifically provides
for the regular holding of Barangay elections and the term of Barangay officials.
The President, therefore, cannot unilaterally postpone the Barangay elections
without a valid law enacted by Congress.

This principle is based on the separation of powers doctrine, which provides that
each branch of government must exercise only its own powers and not encroach upon
the powers of other branches. In this case, the power to schedule and call for
Barangay elections is within the exclusive domain of Congress, and the President
cannot usurp that power.

Furthermore, the Constitution also guarantees the autonomy of the Barangays as a

basic political unit, and the postponement of their elections could potentially
undermine this autonomy and impede the functioning of local governance.
Therefore, the Executive Order promulgated by President Heimdall postponing the
2022 Barangay Election is unconstitutional and beyond the scope of his powers.

The principle of separation of powers is also a vital concept in Philippine law, as

it prevents any branch of government from becoming too powerful by distributing
powers among the three branches of government. As such, the President cannot
unilaterally postpone the Barangay election without the approval of Congress.

Moreover, the power of the President to issue Executive Orders is limited to cases
where there is a need for the faithful execution of the laws or in cases of
emergency. If the postponement of the Barangay election is not based on any legal
basis, such as a law or an emergency, the Executive Order may be deemed
unconstitutional and invalid.

In conclusion, Atty. Airis may be correct in challenging President Heimdall's

Executive Order postponing the 2022 Barangay Election in the Philippines. The power
to set the date and conduct Barangay elections is vested in Congress, and the
President's power to issue Executive Orders is limited by the Constitution. The
principle of separation of powers and the constitutional provision on the power to
set the date and conduct Barangay elections support Atty. Airis's argument.