Election lawyer Romulo Macalintal has asked the Supreme Court (SC) to stop the implementation of the law moving the barangay and Sangguniang Kabataan Elections (BSKE) to November 2028, arguing that the measure violates voters’ constitutional right to suffrage.
Macalintal filed a petition for certiorari and prohibition through electronic filing, seeking a temporary restraining order (TRO) and/or status quo ante order against Republic Act 12326. He also asked the court to direct the Commission on Elections (Comelec) to resume preparations for the Nov. 2, 2026 polls if the law is halted.
RA 12326, which President Ferdinand Marcos Jr. signed on Sept. 24, moved the next BSKE to the second Monday of November 2028 and set succeeding elections every five years. It also changed the fixed term of barangay and SK officials from four years to five.
The petition named the Office of the President through the Executive Secretary, the Senate, the House of Representatives and the Comelec as respondents. Macalintal was joined by lawyers Antonio Carlos B. Bautista, James Kenneth P. Adolor and William C. Kyle Santos.
The petitioners argued that the law effectively extends the tenure of incumbent barangay officials while preventing voters, including newly registered voters, from choosing their local officials as scheduled in 2026. They said the measure “denies registered voters, including new registrants, the scheduled opportunity to select their officials in November 2026.”
The petition also questioned RA 12326’s transitory provision, which the petitioners said effectively grants incumbent barangay officials a substantive extension of their terms without clearly identifying the legal provision authorizing it.
They noted that Section 4 of RA 12232, which governs the holdover of incumbent officials, was not amended. The provision states that incumbent barangay officials “shall remain in office, unless sooner removed or suspended for cause, until their successors shall have been elected and qualified.”
The petitioners argued that while the provision allows incumbent officials to remain in office in a holdover capacity, RA 12326 separately treats their tenure as having been extended by two years. They said the transitory provision therefore assumes a substantive term extension without clearly granting one.
They also challenged Congress’ continued practice of allowing incumbent barangay officials to hold over, arguing that it amounts to a “legislative appointment” that violates the Constitution.
Macalintal also criticized the cumulative extension of the officials’ tenure, noting that the first postponement moved the BSKE from December 2025 to November 2026 before RA 12326 reset the elections again to 2028.
He questioned Malacañang’s explanation that keeping barangay and SK officials in office would help maintain continuity in local governance, particularly in peace and order and community cleanliness. Macalintal asked whether maintaining those functions justified another postponement, warning that “if that is the case, then this postponement will never end.”
Macalintal also alleged that the postponement could serve as “political consideration” for lawmakers who may seek reelection in 2028 by allowing them to build support among incumbent barangay officials.
RA 12326 prompted the Comelec to stop preparations for the 2026 BSKE, including the filing of certificates of candidacy that was scheduled to begin Sept. 28.
The petitioners also asked the SC to conduct a special raffle so the court could act immediately on their request for a TRO and/or status quo ante order.
Malacañang, meanwhile, said it would abide by the Supreme Court’s ruling. Presidential Communications Undersecretary Claire Castro said the Office of the President had yet to receive a copy of the petition but assured the public that the Palace would comply with “whatever the Supreme Court orders.”
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