Election lawyer Romulo Macalintal has expressed strong opposition to Senate Bill 2816, which seeks to extend the term of Barangay and Sangguniang Kabataan (BSK) officials from three to six years.

He called the proposal “unconstitutional, deceptive, and misleading.” In a statement, Macalintal said that “extending the term of barangay officials without an election is a blatant violation of voters’ rights.”

He cited the 2023 Supreme Court ruling in Macalintal vs Comelec, which declared a similar law unconstitutional. Macalintal warned that passing the bill would undermine the democratic process and set a dangerous precedent.

The Supreme Court has emphasized that election postponements must be justified by “compelling, substantial, and important reasons,” Macalintal pointed out.

The lawyer also criticized Senator Imee Marcos, the bill’s principal sponsor, for arguing that a six-year term would give barangay officials more time to address national and local issues.

“If national and local officials can govern with three-year terms, why should barangay officials be any different?” he asked.

Voters’ ‘mockery’

Macalintal explained that the proposed law would effectively extend the term of incumbent barangay officials by four years on a “hold-over” basis, thereby depriving voters of their right to elect new leaders.

He flagged the bill as unconstitutional for violating the “one-subject rule” in legislation, arguing that its title disguises its true intentions.

The bill combines provisions for term extensions, election postponements, and hold-over capacities — characterizing it as “log-rolling legislation.”

Macalintal pointed out that the 2023 SC decision, which cautioned against postponing elections under the pretext of administrative changes.

Justice Alfredo Caguioa, in that decision, stated that Congress cannot extend the terms of barangay officials without elections, while Justice Maria Filomena Singh described such postponements as a “mockery” of voters’ trust.

Justice Japar Dimaampao added that delaying elections infringes upon the right of suffrage.

Macalintal urged President Ferdinand Marcos Jr. to veto the bill, calling it “appalling, shocking, and ridiculous.”

He likened it to the President’s earlier rejection of the controversial “woke” sex education bill, asserting that Senate Bill No. 2816 deserves the same treatment.

Quoting Chief Justice Alexander Gesmundo’s remarks in the case he was involved in, Macalintal reminded lawmakers that “any infringement of the right to vote must be carefully and meticulously scrutinized.”

The lawyer warned that the measure would erode trust in democratic institutions and urged legislators to uphold the rule of law.