Election lawyer Romulo Macalintal on Wednesday criticized the proposed postponement of the 2026 Barangay and Sangguniang Kabataan Elections (BSKE), saying repeated extensions of incumbent officials’ terms could infringe on voters’ constitutional right to elect their local leaders.
In an interview with DZRH’s Dos Por Dos, Macalintal said the proposed measure would move the scheduled November 2026 elections to 2028 while extending the term of barangay officials from four to five years.
The Senate approved the measure on final reading Monday, while the House of Representatives earlier approved a counterpart bill providing for a five-year term. The proposed legislation would also limit barangay officials to two consecutive terms.
“Parang forever na ito,” Macalintal said, referring to the repeated postponement of barangay elections.
He noted that the 2023 BSKE was initially scheduled to determine the next set of barangay and SK officials, but the elections were later moved to 2025 and subsequently to November 2026 under Republic Act 12232, which set the officials’ term at four years.
The Supreme Court upheld RA 12232 in November 2025, ruling that Congress has constitutional authority to determine the term of barangay officials. The court, however, said postponement of elections must be supported by genuine reasons grounded in objective and reasonable criteria.
Macalintal said lawmakers may set a five-year term, but argued that the longer term should apply prospectively to officials elected in the next BSKE rather than extending the tenure of current officeholders.
“Gawin nating five years yan pero i-apply natin yan sa mga mahahalal sa November 2026,” he said.
Under the proposal, the next BSKE would instead be held in November 2028, with subsequent elections held every five years.
Macalintal also questioned the reasons being cited for the postponement, including the oil crisis and conflict in the Middle East.
He pointed to the recently held Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Parliamentary Elections as evidence that elections could still be conducted despite those circumstances. The BARMM held its first regular parliamentary elections on Sept. 14.
“Kung yan ay malaking problema, paanong nagkaroon nga tayo kahapon ng eleksyon kahapon sa BARMM diba?” Macalintal said.
He said that if President Ferdinand Marcos Jr. signs the measure, the issue could ultimately be brought before the Supreme Court, which he said could determine whether Congress committed grave abuse of discretion.
