Veteran election lawyer Atty. Romulo Macalintal claimed that there is allegedly “deception” in the recently signed Barangay and Sangguniang Kabataan Elections (BSKE) law.
According to Macalintal in an interview on DZRH’s “Special on Saturday”, the new law that was released yesterday stating “an act setting the term of office of Barangay Officials," does not mention the word "postponement” even after careful reading. The law only extended the term of office for Barangay and SK officials from three years to four years.
He emphasized that the said law does not explicitly state that the Barangay and SK Elections are being postponed, which could make it legally questionable.
“Inililihis nila ang batas. In other words, merong deception. May panlilinlang ang nasabing batas na ‘yan,” he said.
Macalintal claimed that they deliberately avoided using the term “postponement” in the new law. He referenced his previous case against the Commission on Elections (COMELEC), where the Supreme Court had already warned the Congress that they cannot postpone any election without a strong and valid reason.
He further added that the Congress only has the power to set the term of office for barangay officials, not to delay or reschedule elections without justified cause.
He also explained that he brought the matter before the Supreme Court to have the newly signed law declared unconstitutional, citing the Court’s previous ruling on Republic Act 11935, which clearly states that Congress does not have the authority to postpone elections.
“Sa ngayon yung existing na Republic Act 11462 na nagtatakda ng halalan sa December 1, 2025, yun ang batas,” he added.
“Ang tanong ko lang sa kanila ngayon, kayong mga taga-malacañang, nasaan yung batas na pinirmahan ng Pangulo postponing the Barangay election? I challenge you ngayon. Baka nakikinig kayo ngayon,” Macalintal said, daring the palace officials to show the signed law postponing the barangay elections.
It was previously reported that the veteran election lawyer had personally filed a petition before the Supreme Court regarding the BSKE law and is currently seeking a restraining order against the implementation of the newly signed legislation.
