Daily TribuneMacalintal asked the SC to direct immediately the Commission on Elections to continue preparing for the barangay elections pending the resolution of the conduct of the barangay and Sangguniang Kabataan elections
Election lawyer Atty. Romulo Macalintal is urging the Supreme Court to issue a temporary restraining order or status quo ante order pending the resolution of his petition against the postponement of the barangay and Sangguniang Kabataan elections due to constitutional question.
In his new petition, Macalintal stressed that the High Court should issue a TRO or a status quo order "so that the people and the electorate will be fully aware and informed that the issue of their Constitutional right to choose their barangay officials as raised in this petition is still up for resolution of this Honorable Court and has not been rendered moot and academic when it was not held last 4 December 2022, as previously scheduled until 'postponed' by RA 11935."
He also asked the SC to direct immediately the Commission on Elections to continue preparing for the barangay elections pending the resolution of the conduct of the barangay and Sangguniang Kabataan elections from December this year to October 2023 under RA 11935.
The second extremely urgent motion before the Supreme Court was filed by Macalintal, who said that the Comelec admitted that it can still hold the barangay elections in May 2023 in the event his petition is granted.
"By the time this petition is fully decided, the time consumed in resolving the case might affect the timeline of activities of the Comelec in holding the BSKE in May 2023, hence, the urgency of this motion," Macalintal said.
The petitioner expressed apprehension that the electorate will think that his petition is already moot and academic without such directive from the Comelec considering the scheduled 4 December 2022 BSKE did not push through as mandated under RA 11935.
"Only by means of the issuance of a temporary restraining order and or status quo order, enjoining the implementation of the said law, would such concern of our people and electorate be properly addressed and advised that the issue in the instant petitions is whether or not Congress has the power to postpone the barangay elections and extend the term of office of the barangay elections," he added.
The election lawyer maintained that RA 11935 is unconstitutional since Congress has no power under the Constitution to postpone the barangay elections because such power exclusively belongs to the Comelec.
