The Supreme Court has directed the respondents to comment on election lawyer Romulo B. Macalintal’s petition challenging the constitutionality of Republic Act No. 12326, which postponed the 2026 Barangay and Sangguniang Kabataan Elections (BSKE) to November 2028.
In its September 30 action, the Supreme Court ordered the Office of the President, the Senate, the House of Representatives, and the Commission on Elections (COMELEC) to submit their comments on Macalintal’s petition for certiorari and prohibition, as well as his request for a temporary restraining order and/or status quo ante order.
The respondents were given a non-extendible five-calendar-day period from notice.
RA 12326, enacted on September 24, extended the fixed terms of barangay and SK officials to five years and moved the scheduled November 2026 elections to November 2028.
Macalintal argues that the law infringes on the electorate’s right to vote by postponing the elections and effectively allows incumbent barangay and SK officials to remain in office beyond their original terms.
He has asked the Supreme Court to declare the law unconstitutional and to stop its implementation. The COMELEC had already halted activities related to the 2026 BSKE following the law’s enactment.
The COMELEC earlier said it is prepared to comply with whatever action the Supreme Court takes on the petition, although resuming preparations for a November 2026 election would require additional time.
