SC debate on BSKE postponement sought
Election lawyer Romulo Macalintal has asked the Supreme Court (SC) to hear oral arguments on his petition challenging the postponement of the 2 November 2026 Barangay and Sangguniang Kabataan Elections (BSKE), warning that the move could set a precedent for delaying future national elections.
In an urgent motion filed on Sunday, Macalintal asked the High Court to schedule oral arguments at the earliest available date and resolve his plea for a status quo ante order or temporary restraining order against the implementation of Republic Act 12326.
The law sets the terms of barangay and Sangguniang Kabataan officials at five years, from four, and resets the scheduled November 2026 elections to 2028.
Macalintal said the Commission on Elections (Comelec) could still hold the polls if the Supreme Court blocks the law, noting that the poll body has the authority to adjust election schedules under certain circumstances.
He cited the 2022 barangay elections, which were postponed to 2023 before the Supreme Court declared the postponement law unconstitutional.
Macalintal argued that Congress has no authority to postpone barangay elections without sufficient constitutional basis. He also warned that the same rationale could be used to delay the May 2028 national and local elections, including the presidential and vice presidential polls.
‘Political question’
The lawyer questioned the justification for postponing the BSKE to give barangay officials more time to improve their handling of crime and garbage disposal, saying such reasoning could lead to indefinite delays.
The SC earlier directed the Office of the President, both chambers of Congress and the Commission on Elections to comment on the petition and the request for injunctive relief.
The Office of the Solicitor General, representing the respondents, sought the petition’s dismissal, arguing that determining the terms of barangay officials is a political question and that the extension of incumbents’ tenure is an incidental consequence of Congress’ authority to set their terms.
Macalintal disputed that argument, citing Section 5 of Republic Act 12326, which refers to the extension of incumbent barangay officials’ terms to two years.
He also told the court that the Comelec had informed the Senate Committee on Local Government that it was prepared to conduct the November 2026 elections and had spent about P8 billion on preparations.
“The materials exist; the voters are registered; the electoral boards are constituted. What remains is the execution of the electoral calendar,” Macalintal said.
If the November 2026 polls can no longer proceed, he asked the court to direct the Comelec to hold the elections on a date reasonably close to the scheduled date, pursuant to the Omnibus Election Code.