Supreme Court has yet to rule on constitutionality of BSKE postponement

The Supreme Court (SC) has yet to issue a final decision or ruling on the constitutionality of lawyer Romulo Macalintal’s petition challenging the postponement of the 2026 Barangay and Sangguniang Kabataan Elections (BSKE) to 2028.

The high court ordered the respondents — the Office of the President, the Senate, the House of Representatives and the Commission on Elections (Comelec) — to submit their comments within a non-extendible period of five calendar days from receipt of the notice on Macalintal’s main petition and his plea for a temporary restraining order (TRO) or status quo ante order (SQAO).

Macalintal’s petition seeks to strike down Republic Act No. 12326, which President Ferdinand Marcos Jr. signed on 24 September 2026. The law moved the scheduled November 2026 BSKE to November 2028 and fixed the terms of barangay and Sangguniang Kabataan officials at five years.

Macalintal argues that the law “infringes the electorate’s right of suffrage under the guise of fixing terms,” effectively extending the tenure of incumbent officials.

The election lawyer also asked the SC to direct the Comelec to continue preparations for the November 2026 polls should the law be struck down.

With RA 12326 currently in effect, the Comelec has suspended preparations for the 2026 BSKE, including the filing of certificates of candidacy. Comelec Chairman George Garcia said the poll body would comply with whatever ruling the SC issues on the petition.