Comelec: Cannot defy law postponing 2026 BSKE

The Commission on Elections (Comelec) cannot defy the law that postponed this year’s Barangay and Sangguniang Kabataan Elections (BSKE), Comelec Chairman George Erwin Garcia said Wednesday, 30 September.

“‘Pag po kasi gumastos kami dahil sa paghahanda sa halalan, ganoon wala nang halalan, malversation of public funds po ’yon,” Garcia said.

“If we continue to spend for the polls even though there will be no more elections, we could be held liable for malversation of public funds.”

“Kaya kinakailangan po naming itigil,” the poll body chief added.

“That’s why we needed to stop the BSKE preparations.”

Garcia made the explanation in response to criticisms that Comelec should have waited for the Supreme Court’s (SC) action on petitions challenging Republic Act No. 12326.

Last week, Garcia announced that the Comelec had cancelled its activities and preparations for the 2026 BSKE after President Ferdinand Marcos Jr. signed RA 12326, which fixed the terms of barangay and SK officials at five years instead of four and postponed this year’s polls to 2028.

“Hindi po namin pwedeng gawin ’yon sapagkat epektibo na po ’yung batas,” Garcia explained in response to calls to wait for the SC’s action.

“We cannot do that because the law has already taken effect.”

“Kung ano ’yung batas sa kasalukuyan, hangga’t walang restraining order o kahit anong order mula sa Korte Suprema, ’yun po ang dapat na ipatupad ng Comelec,” he added.

“The Comelec will implement whatever law is currently in effect in the absence of a restraining order or any other order from the SC.”

The Comelec has said it is prepared to comply with any SC ruling on the law postponing the BSKE.