Veteran election lawyer Romulo Macalintal has asked the Supreme Court (SC) to declare unconstitutional a new law that postpones the 2 November 2026 Barangay and Sangguniang Kabataan Elections (BSKE) to November 2028 and sets subsequent elections every five years.

Macalintal filed the petition electronically on Sunday night, 27 September, challenging Republic Act (RA) 12326, which President Ferdinand R. Marcos Jr. signed into law on 24 September.

The law moves the next BSKE to the second Monday of November 2028 and fixes the term of barangay and SK officials at five years.

RA 12326 also extended the tenure of incumbent barangay and SK officials until the next elections in 2028.

Macalintal is asking the high court to issue a temporary restraining order or status quo ante order against implementing the law and direct the Commission on Elections to resume preparations for the 2026 polls.

He argued that while Congress has the authority to determine the terms of barangay and SK officials, that authority does not necessarily extend to repeatedly postponing elections and prolonging incumbents’ tenure.

Macalintal also argues that the five-year term should apply prospectively to officials elected in the next BSKE, rather than extend the tenure of those already in office.

The petition follows the Supreme Court’s earlier strike-down of a law that postponed the 2022 BSKE, in which Macalintal was also involved.

TRO or SQAO sought

Macalintal asked the SC to issue a temporary restraining order or status quo ante order to stop the enforcement of RA 12326.

Macalintal also pleaded with the SC to direct the Commission on Elections (Comelec) to continue the preparations for the 2 November 2026 BSKE “in a manner that will ensure clean, honest, and credible elections.”

Macalintal also asked that if the BSKE could not push through on 2 November because of time constraints, the SC should order the elections to be conducted on a date reasonably close to the original schedule.

Since the SC is in a month-long decision-writing period until 10 September, with no sessions in either the divisions or the full court, Macalintal sought a special raffle of his petition and immediate action on the injunctive reliefs sought.

Lawyers Antonio Carlos B. Bautista, James Kenneth P. Adolor, and William C. Kyle Santos co-signed the petition.

Respondents in the petition were the Office of the President through the Executive Secretary, the Senate, the House of Representatives, and the Comelec.

The BSKE was originally scheduled for December 2025 and was later moved to November 2026.

He said the initial delay gave incumbent officials a one-year term extension and the new law pushes the elections further to November 2028, adding another two years to their terms.

Macalintal said it resulted in a cumulative three-year extension for current officials and a three-year denial of the public’s right to vote.

While Congress can determine officials’ terms, that authority does not include extending terms or postponing scheduled elections indefinitely, said Macalintal.