OSG asks SC to reject bid to stop BSKE postponement

The Office of the Solicitor General has asked the Supreme Court to deny a petition seeking to stop the postponement of the Barangay and Sangguniang Kabataan Elections to November 2028.

In a comment dated 5 October filed on behalf of the Office of the President, Senate, House of Representatives and Commission on Elections, the OSG argued that issuing a temporary restraining order or other interim relief would disrupt Comelec operations.

“Respondent Comelec has already suspended its preparations, lifted the election prohibitions, and discontinued the filing of certificates of candidacy and the campaign period,” the OSG said.

Republic Act No. 12326, signed by President Ferdinand Marcos Jr. on 24 September, fixed the terms of barangay and SK officials at five years and moved the November 2026 elections to November 2028.

The OSG said reversing course at this stage would affect not only the parties but also the orderly conduct of the elections, adding that public interest favors a stable and predictable electoral calendar.

It also argued that election lawyer Romulo Macalintal failed to meet the requirements for injunctive relief.

“The foregoing discussion shows that petitioner utterly failed to establish a clear and unmistakable right, a material and substantial invasion of that right, and an urgent need for the writ to prevent irreparable injury,” the OSG said.

Macalintal has asked the Supreme Court to declare RA 12326 unconstitutional, arguing that postponing the elections violates the electorate’s right to vote.

The Supreme Court earlier directed the Office of the President, Comelec and both chambers of Congress to submit their comments within five calendar days.

Macalintal has maintained that Comelec could still reset the elections to a date close to November 2026 if the Court rules in his favor. Comelec Chairman George Erwin Garcia has also said the poll body could consider a reset within 30 days if the implementation of RA 12326 is halted.