The Commission on Elections (Comelec) remains on standby to conduct the Barangay and Sangguniang Kabataan Elections (BSKE) in case the Supreme Court declares Republic Act 12326—which postponed the polls—unconstitutional and orders a stop to the implementation of the recently passed law.

In that event, Comelec Chairperson George Garcia said the BSKE may not proceed as originally scheduled on 2 November, as it will require at least a two-week adjustment period for the rescheduled filing of certificates of candidacy, which was supposed to run from today, 28 September, to 5 October. 

The Comelec had already halted preparations for the BSKE in swift compliance with RA 12326, signed by President Marcos Jr. last week. The enactment pushed through even as the Comelec has already spent a staggering P8 billion, P200 million of which could no longer be recovered. 

“Of course, we are preparing in case there is a restraining order to stop the Comelec. We know it won’t be easy, Mr. Chair, Your Honors, that tomorrow or Wednesday, we can issue a resolution [directing] the filing of candidacies,” Garcial told senators during a budget hearing. 

“There will be information dissemination across the country. Therefore, it might take up to two weeks…We cannot do it by 2 November, Mr. Chair,” he added.

His remarks came in response to a question from Senator Tito Sotto about how the Comelec would respond if the SC issued a temporary restraining order after a petition filed by seasoned election lawyer Romulo Macalintal. 

Macalintal urged the high court to strike down RA 12326 as unconstitutional because it would push the BSKE back by two years—to 2028—despite the Marcos administration having already postponed it twice under the guise of term extension.

The last BSKE was held in 2023, although it had been scheduled earlier and postponed four times since 2016, with the first three occurring during the Duterte administration. 

In August last year, President Marcos Jr. also enacted RA 12232, which extended the incumbent BSK’s term from three to four years. The law effectively rescheduled the BSKE then set for 1 December 2025 to 2 November this year.

Macalintal and critics of the BSKE postponement have argued that the repeated delays infringe on the public's right to vote and grant unauthorized term extensions to incumbent local officials.

Under RA 12326, elected barangay officials could only run for two consecutive terms in the same position, allowing them to stay in power for 10 years straight.

Meanwhile, SK officials are limited to a one-year term. 

Responding to Sotto, Garcia pointed out that because the Comelec is empowered by the Omnibus Election Code to postpone an election in cases of terrorism, violence, and force majeure, the poll body can interpret the looming SC decision on the BSKE petition as the latter. 

Because of this, the Comelec may have a legal basis to extend the election period by at least 30 days from the cessation of the force majeure event. 

“But the important thing is whatever the decision by the Supreme Court is released by tomorrow, the Comelec is prepared, just in case,” Garcia remarked. 

The majority of the P8 billion was spent on ballot printing, though Garcia claimed that the materials remain usable in the 2028 elections. 

“We can use all of the items procured by Comelec as long as it's safe, warehoused properly.  We hired more than 1,000 casual employees, and we overtimed to ensure that we have equipment and we have imprinted items,” he told a Senate panel.

The Comelec is set to reopen voter registration in the second week of November until 30 June next year, with a projection of an additional 3 million new voters.

By the 2028 national elections, the number of registered voters could reach 74 million.