Macalintal hopeful SC will reverse BSKE ruling
Veteran election lawyer Romulo Macalintal is optimistic that the Supreme Court could reverse its narrow 9–5 decision upholding the postponement of local elections, counting on a shift of just two votes and the return of a magistrate who was on leave during initial deliberations.
As he prepares a motion for reconsideration, Macalintal revealed a potential fallback legal remedy: he may ask the High Tribunal to compromise by upholding Congress’ authority to set five-year terms for local officials while completely striking down the postponement clause.
This alternative strategy would require the government to hold immediate elections to implement the new five-year framework without further delaying the voters' right to choose their leaders.
The legal battle stems from Republic Act No. 12326, enacted on 24 September 2026, which extended the terms of barangay and Sangguniang Kabataan (SK) officials from four to five years, consequently resetting the local polls from November 2026 to November 2028.
Macalintal challenged the law's constitutionality, but the SC En Banc dismissed his petition in a close vote.
He maintains that flipping the current ruling is highly viable. With five justices already dissenting against the majority opinion written by Chief Justice Rodil V. Zalameda, a change of heart from just two majority magistrates would secure an 8–7 reversal.
Furthermore, Macalintal is pinning his hopes on Associate Justice Maria Filomena D. Singh, who did not participate in the initial voting due to an official leave but has historically opposed election deferrals without compelling justification.
The urgency behind Macalintal's legal maneuvering is rooted in a wider democratic concern as he previously warned that if the ruling remains uncorrected, it establishes a dangerous precedent that could embolden lawmakers to tamper with or postpone the high-stakes May 2028 presidential and national elections under the guise of altering statutory terms.
Senior Associate Justice Marvic Leonen and Associate Justice Alfredo Benjamin Caguioa led the dissenters in the initial ruling, warning that repeated legislative deferrals abuse the sovereign right to suffrage and erode democratic accountability.
While Commission on Elections (Comelec) Chairman George Erwin Garcia confirmed the poll body will continue to follow RA 12326 for now, Macalintal's forthcoming motion for reconsideration and renewed plea for oral arguments ensure the battle over the 2026 local elections remains far from settled.