Macalintal renews plea to stop 2028 BSKE law

Election lawyer Romulo Macalintal has again asked the Supreme Court to stop the implementation of Republic Act 12326, which moved the Barangay and Sangguniang Kabataan Elections to November 2028.

In an urgent omnibus motion and reply filed electronically on 6 October, Macalintal urged the Court to issue a temporary restraining order or status quo ante order and direct the Commission on Elections to resume preparations for the November 2026 polls.

Macalintal disputed the government’s position that RA 12326 merely fixes the terms of barangay and SK officials and does not extend the tenure of incumbents.

He cited Section 5 of the law, which states that incumbent officials shall be deemed to have completed one term “considering the extension of their terms to two years.”

Macalintal also rejected the government’s justification for postponing the elections, arguing that functions such as crime prevention, flood response and garbage collection are regular barangay responsibilities that would continue regardless of who occupies the posts.

He further maintained that RA 12326 violates the Constitution’s one-subject, one-title rule and effectively results in repeated extensions of the terms of incumbent barangay and SK officials.

The lawyer asked the SC to immediately halt the law’s implementation and allow Comelec to resume preparations for village and youth council elections this year.

RA 12326, signed on 24 September, moved the next regular BSKE to November 2028 and fixed the terms of barangay and SK officials at five years.