The Supreme Court (SC) has upheld the constitutionality of Republic Act No. 12326, which extends the terms of barangay officials and Sangguniang Kabataan (SK) members from four to five years and schedules the next Barangay and SK Elections (BSKE) in November 2028.
In a decision written by then Associate Justice Rodil V. Zalameda, the High Court dismissed the petition filed by Romulo B. Macalintal questioning the validity of the law.
The SC ruled that RA 12326 is primarily a term-fixing measure rather than an election postponement law, clarifying that the 2023 ruling in Macalintal v. COMELEC, which established guidelines for postponing elections, does not apply.
The Court explained that Congress has the authority to determine and adjust the terms of barangay officials, provided the transition period remains reasonable and does not unduly delay the holding of elections.
It also found that the November 2028 election schedule supports continuity in local governance, allowing barangays to implement development programs while considering the Commission on Elections' preparations for the May 2028 national and local elections.
The SC further ruled that the law does not violate substantive due process or the people's right to vote, noting that it establishes regular and predictable five-year election cycles rather than indefinitely postponing elections.
Under the law, incumbent barangay officials elected in October 2023 will remain in office under the hold-over provision of RA 12232 until their successors are elected and qualified.
However, Senior Associate Justice Marvic Leonen and Associate Justices Alfredo Benjamin Caguioa and Antonio Kho Jr. expressed dissenting opinions, raising concerns over the extension of incumbent officials' tenure and its implications for the people's right to suffrage.
Associate Justice Jhosep Lopez, meanwhile, agreed with the majority that RA 12326 is a term-setting measure and not an election postponement law.
