Macalintal seeks SC reversal of barangay poll delay

Veteran election lawyer Romulo Macalintal will ask the Supreme Court to reconsider its decision upholding the law postponing the barangay and Sangguniang Kabataan elections (BSKE) to November 2028.

Macalintal said he would file a motion for reconsideration within the prescribed 15-day period, expressing confidence that the five justices who dissented from the ruling could help secure its reversal.

"With five justices already voting in favor of my petition, I only need two more justices to reconsider their positions," Macalintal said.

The Supreme Court upheld Republic Act No. 12326, which extends the terms of barangay and SK officials to five years and moves the next elections from November 2026 to November 2028.

In a decision penned by then-Associate Justice Rodil Zalameda, now chief justice, the Court ruled that Congress acted within its constitutional authority to determine the terms of barangay officials.

Macalintal, however, maintained that postponing elections should be treated separately from Congress' authority to fix terms of office.

He argued that the postponement violated the constitutional right to vote and should satisfy the standards established by the Supreme Court in previous election cases.

The lawyer said he was considering asking the Court to uphold Congress' authority to set five-year terms while striking down the provision postponing the elections.

"This way, both Congress and the people win," Macalintal said.

He described the proposal as a possible compromise that would preserve the law's term-setting provisions without delaying the public's exercise of suffrage.

Macalintal also plans to request oral arguments to allow further examination of the constitutional issues.

He said he received an electronic copy of the decision on Friday, 6 November, triggering the period for filing his motion.

The Supreme Court's ruling remains in effect unless reconsidered or modified.