The SC required both the Comelec and the OP to comment within 15 days from receipt of the notice on Hidalgo’s petition which also sought the issuance of a temporary restraining order against the implementation of RA 11935.
The Supreme Court has ordered the filing of memorandum in 15 days on the petition that questioned the constitutionality of the law that postponed the 5 December 2022 Barangay and Sangguniang Kabataan Elections.
The order came after the termination at past 7 p.m. of the oral arguments the high bench conducted on the petition filed by election lawyer Romulo B. Macalintal.
Also ordered to file memorandum aside from Macalintal were the Commission on Elections and the Office of the President which were named respondents in the petition.
Solicitor General Menardo Guevarra will file the memorandum for the Comelec and the OP.
Guevarra was the one who argued for the government during the four-hour legal debate that started at 3 p.m.
The Office of the Solicitor General in its comment, sought the dismissal of "utter lack of merit" of Macalintal's petition.
Macalintal reiterated his allegations in his petition that Republic Act 11935, which postponed the BSKE to 30 October 2023, is unconstitutional.
On the other hand, the SC's Public Information Office said that another petition against RA 11935 was filed last Thursday, 20 October by lawyer Alberto N. Hidalgo.
The Comelec and the OP were named respondents.
The SC required both the Comelec and the OP to comment within 15 days from receipt of the notice on Hidalgo's petition which also sought the issuance of a temporary restraining order against the implementation of RA 11935.
The PIO said Hidalgo's petition was consolidated with the case filed by Macalintal.
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