President Ferdinand Marcos Jr. is being pressed to sign into law the Congress-approved bill that seeks to postpone this year’s Barangay and Sangguniang Kabataan Elections (BSKE) to next year and extend the term of office of barangay and SK officials from three to four years.

One of the principal authors of the bill, Rep. Rufus Rodriguez, made the call on Monday, rebutting a statement from veteran election lawyer Romulo Macalintal, who claimed the ratified measure is rife with “constitutional and legal flaws” and must be vetoed.

“I totally disagree with Atty. Macalintal. There is no issue or debate that Congress possesses the power to fix their term of office of BSK officials and consequently to reset their election,” the Mindanao lawmaker said.

Congress — the House and the Senate — ratified the bicameral conference report of the bill an hour before adjourning sine die on Wednesday. This means the measure is now up for Marcos’ signature.

While the bill could still lapse into law without Marcos’ approval, the President also has the option to veto it if he finds any conflict with existing laws or constitutional provisions.

Under the ratified bill, the BSKE — initially scheduled for 1 December 2025 — will be moved to the first Monday of November 2026. It sets a four-year term for both barangay and SK officials. However, SK officials can only serve a single term, while barangay officials may run for up to three consecutive terms.

The bill amends Sections 42 and 43 of the Local Government Code of 1991 (Republic Act 7160).

Macalintal argued that the bill mirrors provisions from RA 11935 — the law that postponed the BSKE from 5 December 2022 to October 2023 — which the Supreme Court had already declared unconstitutional.

“Although styled as ‘An Act Setting the Terms of Office’ for barangay officials, the bill is clearly misleading,” Macalintal said. “Its true effect is to postpone the December 1, 2025 elections to the first Monday of November 2026, allowing incumbent barangay officials to continue serving in a holdover capacity—effectively extending their tenure without a public mandate.”

Veto this time

Despite a similar protest from Macalintal in 2022, Marcos signed RA 11935 into law. This time, the lawyer urged the President not to “repeat the same mistake” by vetoing the new measure.

Macalintal contended that enacting a law already struck down by the Supreme Court would deprive voters of their constitutional right to elect local leaders.

Rodriguez, however, argued that holding the BSKE this December would cost the government a staggering P12 billion — an amount he said could be better spent on development programs for the country’s 42,046 barangays.

The lawmaker warned that it would be an “unnecessary expense” for the Commission on Elections, especially considering the Philippines just concluded the 12 May midterm elections and is preparing for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) polls on 13 October — both of which already required billions in public funds.

Rodriguez also pointed out that holding the BSKE in December would cut the current officials’ terms to just two years instead of the usual three, which he called “unfair.”

“BSK officials should enjoy the same privilege, which they would if their elections were postponed to November next year as proposed in the consolidated bill,” Rodriguez said.

“There is only one subject matter of the bill, i. e. the change of term of BSK officials,” he concluded. 

The BSKE has been postponed four times between 2016 and 2023, with the first three postponements occurring during the Duterte administration. Proponents believe that extending barangay officials' tenure will help prevent the same pattern from recurring in the future.