Veteran election lawyer Atty. Romulo Macalintal has asked the Supreme Court (SC) to stop the implementation of Republic Act No. 12326, which postpones the Barangay and Sangguniang Kabataan Elections (BSKE) from November 2, 2026 to November 2028.
Macalintal filed a petition for certiorari and prohibition before the high court on September 27, seeking a temporary restraining order (TRO) or status quo ante order against the implementation of the law.
Under RA 12326, the next BSKE will be held on the second Monday of November 2028, with succeeding elections to be conducted every five years.
Speaking during DZRH's Dos Por Dos on Tuesday, September 29, Macalintal questioned the repeated postponement of the barangay and SK elections, saying the move effectively extends the terms of incumbent officials by three years.
“Three years na ito, term na ng isang Congressman, ng isang Governor, ng isang mayor, pero para sa isang barangay official, three-year extension ang binibigay sa kanila, ng walang dahilan,” Macalintal said.
He said the first postponement of the BSKE from December 2025 to November 2026 already resulted in a one-year extension, while the latest law adds another two years.
Macalintal argued that the three-year extension is unreasonable and infringes on the public's right to choose their local officials.
“Dapat nating tandaan itong pag-postpone na ito, ang laki ng implikasyon sa atin, tatlong taong postponement ito,” he said.
He also questioned the reasons cited for postponing the elections, including the need for barangay officials in maintaining peace and order and addressing community concerns such as waste management.
“Pwede kang magpostpone on a valid grounds, halimbawa may pandemic, gyera, pero jusko itong sasabihin mong magsugpo ng krimen atsaka kung paano itatapon ang basura, ay talaga naman yan ay labag sa ating karapatan na makapaghalal,” Macalintal said.
According to Macalintal, Congress does not have the authority to repeatedly postpone elections or extend the terms of incumbent officials without sufficient justification.
He cited the Supreme Court's ruling in Macalintal v. Commission on Elections (Comelec), which he said recognizes that election postponements must be based on reasonable grounds and should not be excessively long.
“Unang-una, walang karapatan, wala sa kapangyarihan ng Kongreso na mag-postpone ng halalan o kaya mag-extend ng term of office,” he said.
Macalintal also said he sought immediate action from the Supreme Court because of the urgency of the matter.
He said he filed the petition electronically on Sunday night, September 27, and followed it up at the Supreme Court the following day through a motion for special raffle.
Macalintal said he was informed that the petition had already been raffled and assigned to a ponente who would consider whether to grant his request for a TRO.
The Comelec, meanwhile, has said it will comply with whatever ruling the Supreme Court issues on the petition. Comelec has suspended preparations for the November 2 BSKE following the enactment of RA 12326.
The Supreme Court has yet to rule on Macalintal's petition.
